INFORMATION PURSUANT TO ARTICLE 13 OF LEGISLATIVE DECREE 196/2003

With the herein information, Orchestra S.r.l. (following Orchestra) announced to users of Orchestra Free WiFi (hereinafter Users), pursuant to Article 13 of Legislative Decree no. June 30, 2003, n.196 (Code concerning the protection of personal data, hereinafter the Code), that the personal data provided by them during registration to the Orchestra Free WiFi service (following the Service) or however otherwise received by Orchestra as part of the Service, will be processed in a lawful manner and fairly, in accordance with the provisions of the Code and in general compliance with the obligation of confidentiality which inspires the Orchestra’s activities.

Index

1. METHOD OF TREATMENT
2. PURPOSE OF THE TREATMENT
3. OPTIONAL NATURE OF DATA
4. DATA CONTROLLER AND RESPONSIBLES
5. SUBJECTS AND CATEGORIES OF SUBJECTS TO WHOM DATA MAY BE DISCLOSED
6. COOKIE
7. RIGHTS OF THE PARTIES INVOLVED

1. METHOD OF TREATMENT

The data processing may consist in their collection, recording, organization, storage, processing, modification, consultation, use, communication, distribution, blocking and deletion; such operations may also be carried out in combination between them.

The data will be processed using instruments that guarantee security and confidentiality, and can also be processed via computerized and automated tools to collect, store and manage their data.

The data processing will be carried out by employees and consultants Orchestra, as being responsible, concerning the data necessary to carry out their duties.

All data will be archived and stored for the time required for effecting the transaction or otherwise required by law, in Basiglio (MI) – Via Francesco Sforza 13, at data centers TelecityGroup S.p.A. and Milan – Piazzale Lugano 19, at the date of Orchestra center.

Back to index

2. PURPOSE OF THE TREATMENT

The Users’ personal data will be processed in accordance with the Code for commercial purposes and / or statistics as connected with or instrumental to the activities performed by Orchestra, as well as for commercial, promotional and profiling in front of authorization issued by the Users time of registration or later.

In particular, the data will be processed for the following purposes:

1. to execute the Service;
2. to comply with obligations imposed by laws, regulations and legislation, or provisions issued by authorities legitimated by law and by the vigilance and control;
3. for reasons of operational or management of internal Orchestra, still connected to the Service;
4. commercial interests of Orchestra and its business partners, which will be pursued in the following ways:

• or processing of data disclosing tastes, preferences, habits or consumption with the help of electronic instruments to define the profiles of the persons concerned, both individually and in aggregate, or to analyze habits or consumption choices of the Users;
• or the collection and processing of location data of wireless terminals connected to the WiFi service network in order to sending georeferenced commercial communications, constituting a value-added service; data on traffic and location of the Users will be treated in accordance with Articles 123 and 126 of the Code, solely for marketing purposes of electronic communications services or for the provision of value added services;
• or notice to Users of business information related to new service offerings to the data controller;
• or insertion of advertising during the navigation of the Users through the Service;
  5. statistical, connected with the need to make the detection of the level of satisfaction of users on the quality of the services and activities carried out by the data controller; this objective will be pursued through personal or telephone interviews, send and request for filling in online questionnaires and so on.

Where expressly authorized by Users on the processing of personal data may also be directed at the following purposes:

• or sending by the data controller of commercial communications relating to products and / or services offered by commercial third parties with whom the data controller has established trade ties, with both traditional marketing modes by text message, email or messaging systems internal to the operating system or notifications generated by applications installed by users;
• or transfer to third parties of data for commercial purposes and / or promotional information, by third parties, the Orchestra trading partners (indicated in point 5) to which the data of the Users and the result of profiling made under previous point 4 may be provided, and who will treat them in turn – as independent data controllers – in order to sending commercial communications to Users.

Back to index

3. OPTIONAL NATURE OF DATA

Orchestra reminds to Users that Article 24 of the Code allows the processing of personal data with the purposes described in points 1, 2 and 3 also without their consent.

However it’s right of Users to refuse consent to treatment, however, aware that the refusal to allow the processing of their data for the purposes indicated in points 1, 2 and 3 above, will make it impossible for Orchestra to fulfill its obligations and to legal obligations.

The approval of Users to the processing of personal data for commercial purposes, promotion, profiling and detection of the level of their satisfaction is free and optional.

Back to index

4. DATA CONTROLLER AND RESPONSIBLES

The data controller is Orchestra S.r.l., based in Milan – Piazzale Lugano 19, to which Users can apply to – and by email to the email address info@orchestra.it – for the exercise of the rights referred to ‘ Article 7 of the Code.

The data controller has appointed its employees and collaborators in charge of the treatment.

Back to index

5. SUBJECTS AND CATEGORIES OF SUBJECTS TO WHOM DATA MAY BE DISCLOSED

The data collected for the purposes of providing the Service may be provided to companies that perform functions strictly connected and instrumental to the Service.

The data collected for commercial purposes and profiling (name, surname, email, mobile phone numbers, profession, place of residence, gender, age) may be granted or, for the purposes of commercial and / or statistical nature and in accordance with the respective report pursuant to Article 13 of the Code, to third parties.

Back to index

6. COOKIE

Orchestra, in providing the Service, uses cookies with the purpose of enabling the Service efficient and simple as possible to use. Therefore, when Users access to the Service, it enters a minimal amount of information on your device, in the form of small text files called “cookies”.

These files are saved in the web browser directory of users and are meant to be loaded with more speed and efficiency of the web pages object navigation and enabled as certain features.

Cookies are used to improve the overall User navigation and in particular:

• they consent to navigate efficiently from one page to the platform;
• they store the name of the Users and inserted preferences;
• they allow you to avoid entering the same information (such as user name and password) several times during the visit;
• they measure the use of services by Users, to optimize the browsing experience, and the services themselves;
• they present marketing information concerning to the interests and behavior manifested by the User while surfing.

In providing the Service, Orchestra uses technical cookies (own functional and analytical cookies), third-party tracking cookies, cookies for the integration of third-party features and profiling cookies:

• functionality cookies: cookies of this type enable the devices to remind Members of the choices made by users (such as name, language or region of origin), and provide personalized advanced features. These cookies can also be used to remember changes made to text size, fonts and other parts of web pages that you can customize. By using the service, users agree that these cookies can be installed on your device;
• analytical own cookies: cookies of this type are used to collect information on the use of the Service. Orchestra uses such information for statistical analysis, to improve the service and simplify their use, as well as for monitoring correct operation. This type of cookie collects anonymous information on the activities of Members and the pages visited. Cookies in this category are sent by the service itself or by third-party domains; in the first case, users agree that these cookies can be installed on your device simply by using the Service;
• third-party tracking cookies: Orchestra uses web analytics tools including third party. These tools include the use of cookies to analyze how users use the service and what web pages they visit. Users may refuse the use of cookies by selecting the appropriate settings on your browser. Users who have expressly authorized the use of such cookies or has used the Service after having read the information pertaining to cookies and their use has implicitly authorized the processing of their data in the manner and purposes set out above;
• Cookies for the integration of third-party functionality: cookies of this type are used to integrate third-party capabilities in authentication pages for access to the Service. Cookies in this category can be sent from the domains of the partner sites or otherwise provide the functionality as part of the above pages;
• profiling and advertising cookie: These cookies are used to customize the transfer of information and advertising materials, depending on the interests of Users. Users who have expressly authorized the use of such cookies or has used the Service after having read the information pertaining to cookies and their use has implicitly authorized the processing of their data in the manner and purposes set out above.

Orchestra is not obliged to obtain the consent of the Users for technical cookies, as they are strictly necessary for the provision of the service.

For other types of cookie consent it is expressed by Users, in accordance with local regulations, adhering to the information brief pursuant to Article 13/3 of the Code or continuing navigation after you accept.

Users may at any time revoke the authorization for the use of cookies by selecting the specific parameters that allow the browser to exclude activation.

Back to index

7. RIGHTS OF THE PARTIES INVOLVED

Orchestra informs Users who have the right, at all times, to know what data is to be included and how they are used and to update, supplement, correct and request its removal or suspension or oppose their treatment if carried out in violation law, according to Article 7 of Law Decree 196/2003.

In order to exercise the rights established by Article 7 of Law Decree 196/2003, the User may submit a written communication to Orchestra at the address indicated in paragraph 1 above or by e-mail to the address info@orchestra.it