Privacy

Privacy

(Exercising ones rights)

1. Rights granted under article 7 are exercised by submitting, directly or though an agent, an informal request to the holder of personal information or to the appointee. The request must be answered promptly and adequately.

2. Rights granted under article 7 cannot be exercised by sending an informal request to the holder of personal information or to the appointee, or by filing a petition under article 145, when said personal information is processed as follows:

a. in compliance with the provisions of law-decree no. 143 dated 3 May 1991, ratified with amendments on 5 July 1991 and passed as law no. 197, which legislates the crime of laundering;

b. in compliance with the provisions of law-decree no. 419 dated 31 December 1991, ratified with amendments on 18 February 1992 and passed as law no. 172, which legislates State support to extortion victims.

c. by a Parliamentary Commissions of Inquiry instituted in compliance with article 82, Constitution of the Republic of Italy;

by a public entity, other than a public financial institute, under an explicit provision of law, for sole matters of monetary and financial policy, wage system, control over intermediaries and markets. “Canaria di A. Guzzo & Co. S.a.S.” (hereinafter referred to as "CANARIA ") is aware that “privacy” is an extremely sensitive issue which concerns all website users, and therefore; CANARIA has adopted a general policy aimed at abstaining from automatic collection of personal data from users who access the site www.nuovacanaria.com. CANARIA holds e-mail addresses and other personal information that may identify users but only if users voluntarily submit their addresses and personal information.

Data registration.

CANARIA Internet servers automatically register users’ generic data (for example: users’ browser type, type of operating system, the service provider’s domain name). Such data is recorded essentially for counting the number of individuals who access a given website. This is done collectively and an individual user cannot be identified this way. This data can be transferred to third-parties for marketing and promotional purposes, or for other reasons. CANARIA can register data that allows identification of an individual user but only in cases when the website user willfully fills out a specific form in order to participate in a contest, to subscribe to a newsletter or to view news about music performers, or to partake in other kinds of promotional initiatives. CANARIA will maintain users’ personal data and will abstain from selling such data or transferring it to entities foreign to the company unless explicitly authorized to do so by applicable law, a court order, or legal process which may demand, in a specific instance, that such data be disclosed. CANARIA utilizes the data for promotional and marketing purposes in order to gain a better understanding of users’ web preferences for the purpose of offering promotional initiatives, and for conducting in-depth research on products purchased by users who shop online. Should CANARIA transfer such data to third parties for promotional, marketing, or other purposes, CANARIA itself will re-elaborate the data in such a way that it will be impossible to identify an individual user. At times, CANARIA will avail itself of e-mail addresses and other data submitted voluntarily by users, which allows an individual user to be identified, for the purpose of contacting users that access CANARIA websites. For example, CANARIA will send e-mail messages to users who submit their e-mail addresses for specific purposes, such as for receiving news bulletins, web pages, or information on new releases by music performers and artists. However, these electronic news bulletins will always contain information on how to request a suspension of this service. Users are informed that by willfully inserting their personal information (such as: username, e-mail address, phone number, individual taxpayer identification number) in the CD purchasing order form, said information could be collected and utilized fraudulently by others and result in receiving unwanted spam messages from other sources. CANARIA is not liable for actions or policies implemented by others who collect information disclosed by users, when such actions and policies cannot be attributed as originating at CANARIA.

For parents: the privacy issue.

CANARIA recommends that parents or guardians of minors surf the web together with their children. With regard to disclosure of personal information, CANARIA’s policy establishes that no information shall be disclosed or registered on a CANARIA website by minors unless prior written consent by their parents or guardians is granted. At any rate, CANARIA recommends installing software that protects minors from accessing harmful websites.

Accepting these conditions and consenting to disclosure of personal information.

By willfully submitting personal information to the nuovacanaria.com website, the user approves CANARIA’s policy on privacy matters and agrees to allow said personal information to be disclosed in compliance with, and to the extent permitted by, the privacy notice at the following paragraph. CANARIA reserves the right to modify, vary, augment, or delete any part of its privacy policy text. Please check this webpage periodically for any such amendments.

The user may request at any time that his/her personal information be cancelled or updated by sending a written notice to Canaria di A. Guzzo e C. S.a.S. – Via Santa Lucia no. 20 - Naples 80132 – Italy.

Privacy notice pursuant to the Italian Code of personal information disclosure and protection – Legislative Decree no. 196 dated 30 June 2003.

Pursuant to and by effect of art.13 of Legislative Decree no. 196 dated 30 June 2003, users are informed that the personal information they forward to this website will be handled by CANARIA in full compliance with people’s rights, fundamental liberties, dignity, and privacy.

CANARIA runs its own website and has adopted protective measures that are well-suited for safeguarding personal information that could be intercepted as a result of destruction, loss, or fraudulent acts. Handling of personal information may be done with or without automated systems. Personal information may be handled, on behalf of CANARIA, by employees, professionals, companies and outsourced entities that may be tasked with providing a specific service. Personal information is submitted at users’ discretion to enable CANARIA to receive data and materials, to allow direct contacts between CANARIA and the user, and to prepare studies and reports on market research.

The holder of users’ personal information is Canaria di A. Guzzo and Co. S.a.S headquartered in Naples, at Via Santa Lucia no. 20, Naples 80132, Italy – Phone: 39 081 7649643 fax 39 081 7649652.

Title II, Art. 7-10, Legislative Decree no. 196 dated 30 June 2003, Individual’s Rights.

Art. 7

(Accessing personal information, and other rights)

1. Individuals have the right to be informed clearly whether their personal information has been collected, even if said information must still be registered.

2. An individual has the right to be informed of the following:

a. origin of the personal information;

b. how and why the personal information is being processed;

c. standards of logic applied in case personal information is processed with electronic instruments;

d. information about Canaria, including information on its owner, its appointees, and its agent, in compliance with article 5, paragraph 2;

e. information about the entities or the entity groups that are allowed to receive personal information or that may have access to information in their capacity as authorized appointees for Italy, including appointed agents and authorized officials.

3. An individual has the right to obtain:

a. updating, correction, and if required, integration of his personal information;

b. cancellation, unidentifiability, or blocking of any personal information handled in violation of existing legal provisions, or information that is not required to be retained, considering the purposes for which the information was collected or subsequently processed;

c. a certification that the requirements and content of points a) and b) above have been communicated to the entities receiving someone’s personal information, unless preparing such a certification would not be possible or would require an enormous effort, not commensurate to the legal rights that it intends to safeguard.

4. An individual reserves the right to oppose in whole or in part:

a. for legitimate reasons, any use made of personal information, even if collection of that information is reasonably justified;

b. use of personal information for delivery of advertising material, or for direct sales, or for conducting market research, or for commercial communications;

c. pursuant to article 24, paragraph 1f), personal information used within the timeframe during which a real and actual prejudice could damage defensive investigations or exercising one’s rights in the competent courts of law;

d. use of personal information by suppliers of electronic communication services that are made available to the general public and consist of incoming telephone communications, unless this would cause a real and actual prejudice that could damage the defensive investigations per law no. 397 dated 7 December 2000;

e. for reasons of justice, by appealing to the courts of law of any instance or to the Magistrate’s Superior Counsel or to any other body of self-government or to the Ministry of Justice;

3. In the event of situations arising under paragraphs 2a), b), d), e) and f), the Privacy Authority, prior indications furnished by the requestor, shall take action as prescribed at articles 157, 158 e 159; and in the event of situations arising under paragraphs 2c), g) and h), the Privacy Authority shall take action as prescribed at article 160.

4. Exercising one’s rights pursuant to article 7 is possible when it does not involve objective data, unless it is done for correcting or integrating evaluative personal information, such as judgments, opinions, or other subjective evaluations, including the conduct that should be adopted or the decisions that are being made by the holder of the personal information.

5. (How to exercise your rights)

1. The request can be submitted to the holder or to the appointee by registered mail, fax, or e-mail. The Privacy Authority can establish other suitable ways to submit a request in conformity with new media technologies. When a request is filed for exercising one’s rights under article 7, paragraphs 1 and 2, it can be submitted even verbally and in that case it will be summarized in writing by the receiving employee or official.

2. In exercising one’s rights under article 7, the requestor may grant a proxy or a power of attorney to persons, institutions, associations, or bodies. The requestor can also seek the assistance of a trusted person.

3. Rights existing under article 7 regarding personal information belonging to deceased persons can be exercised by a person who has a direct interest, o who acts on behalf of a requestor, or who acts on behalf of a family member in need of protection.

4. The identity of the requestor is verified by examining adequate evaluative elements such as available deeds or documents, or by producing documents, or by attaching an identification document. A person acting on behalf of a requestor must show or attach a copy of the power of attorney, or the proxy signed in the presence of an authorized entity, or signed and submitted together with a non-certified true photocopy of an identification document belonging to the requestor. If the requestor is a corporate body, an institution, an association, the request is submitted by the properly authorized individual, based on pertinent statues and regulations.

5. A request submitted under article 7, paragraphs 1 and 2, can be presented freely and without any restrictions, and can be renewed for justified reasons at an interval of no less than ninety days.

Art. 10

(Answering the information requestor)

1. To make sure that the information requestor’s rights have been exercised under article 7, the holder of personal information has the obligation to adopt adequate measures, and shall, in particular:

a. Allow the requestor to have easy access to personal data, even through the use of special computer programs that can perform accurate selections of data pertaining to individuals who have been identified or can be identified;

b. Simplify the procedures and cut down processing times needed for answering the requestor, even when dealing with offices or services open to the public;

2. Data is extracted by officials or personnel in charge and can be disclosed to the requestor even verbally, or can be made available for viewing through electronic means, under the condition that in such a case the data must be easily readable, considering also the quality and the quantity of the information that is being processed. In case of a specific request, the data can be printed on paper or recorded on a media support, or forwarded by e-mail.

3. Unless a request is submitted for specific personal information or for specific personal data or categories of personal data, the answer to the requestor must include all personal information belonging to the requestor and which the holder has processed. If a request is submitted to a health care professional or a health care institute, it is necessary to comply with the provisions of article 84, paragraph 1.

4. In instances when retrieving personal data is extremely difficult, answering a request can be done also by showing or delivering copies of deeds or documents that contain the personal data requested.

5. The right to receive personal information in easily readable form does not include personal data belonging to third parties, unless excessively breaking up the third party’s personal data or the absence of some details would make the personal data of the requestor incomprehensible.

6. Personal data must be communicated in clear form even through the use of good handwriting. When communication codes, acronyms or abbreviations, parameters are provided by competent officials for a better understanding of their meaning.

7. If no personal data is found on a requestor after a request was filed under article 7, paragraphs 1 and 2a), b) and c), a cost sharing contribution may be submitted not to exceed the actual costs sustained for research that was conducted in such a case.

8. The contribution mentioned at paragraph 7 cannot in any case exceed the amount that the Privacy Authority has established by a general provision, which substantiates a forfeited amount commensurate to a sample case where the data is processed with electronic instruments and the answer is furnished verbally. By a similar provision, the privacy Authority can establish that the contribution be requested when the personal information is saved on a media support and the requestor is specifically requesting a reproduction of that media support, or when the personal data holder must use a great number of media supports in order to answer a large number of requests and it is confirmed that the holder possesses personal data belonging to the requestor.

9. The contribution discussed at paragraphs 7 e 8 can be paid also, when possible, by postal or bank transfer, or by ATM or credit card. Payment must be made upon receiving the answer, and in any case, no later than fifteen days after receiving the answer.