PRIVACY POLICY APP ACTY
Updated as of october 2016
This Note - drafted pursuant to Article 13 of Italian Legislative Decree No. 196 of 30 June 2003 (“Data Protection Act”) - regulates the personal data processing carried out by the Data Controller via the “ACTY” Mobile Phone Application (hereinafter referred to also only as the “APP”); and describes the purposes of and procedures used for the processing of the personal data of the Users who download, install and use the APP.
The Note is only provided for the APP and not also for the data processing performed by third parties, Customers of ICONA Srl, which is the sole owner and controller of the APP. Each Customer company will provide the User with its own Note on its personal data processing.
To complete the installation of the APP, the User must read, understand and accept all the contents of this Privacy Policy.
This Note could be subject to updates without prior warning: by downloading, installing and using the APP, the User fully and automatically accepts the variations.
The Data Controller is the company ICONA SRL, represented by its pro tempore legal representative, with registered office in Monza (20900 - MB), in Via Augusto Murri, 12, Tax Code 01110530191, VAT number 02812760961 (hereinafter also referred to for the sake of brevity as "ICONA" or the “Data Controller” or the “Company”).
The “Users” are the natural persons to whom the personal data processed by the Data Controller refer (hereinafter also referred to for the sake of brevity as the “Users” or “Data Subjects”); who download, install and use the APP, developed and created by ICONA for Android and iOS operating systems, which allows the User to use the software named “ACTY”.
“Acty/Mobile” is the Mobile Application of the remote video support platform created by ICONA. The APP is provided by ICONA to the interested Users by way of a free user licence.
The “Customer/Licensee” is a third party company, Partner of ICONA, which has signed a user licence contract with ICONA for the ACTY software in order to provide the remote technical support requested by the User via the APP.
The User who downloads the APP must register to enable the APP and the services associated with it to work and be used correctly. Registration is free, free of charge and can only be performed by adults.
The User must provide the Data Controller with truthful data and keep them updated, under their own sole responsibility.
By registering, the User authorises ICONA to process and use their personal data, conferred at the time of registration, in order to favour and facilitate the User’s access to the APP, also enabling them not to have to register again each time they enter the APP.
The User undertakes to keep the information about their Account (User-Id) and the password for accessing the APP confidential, and will be the only party responsible for all activities carried out using their Account.
The User who uses the APP can enter both as a “Registered” User and as an “Anonymous” User. The categories of the User’s personal Data collected and processed by the Data Controller are listed below:
a) At the time of registration, the User spontaneously confers the following data to ICONA in the form provided: First name, Surname, Date of Birth, Sex, email address, creating a personal Account with Username and Password.
b) By entering the APP as an “Anonymous” User, the User only confers their email address to ICONA, creating a personal Account with Username and Password.
The User can also register via Facebook or Google:
c) The User, under their own sole responsibility, by downloading, installing and using the APP, can explicitly authorise ICONA to receive and use their personal data via the ICT interface of Facebook or Google, the User having provided these when registering on the Facebook social platform (in this case the data in question are those present in the User’s public profile, the accuracy and truthfulness of which is guaranteed by the User): The same authorisation can be contemporaneously conferred by the User also concerning the personal data provided when registering on the Google platform. ICONA will process and use these data to automatically register the User when they install the APP on their mobile device.
It is not mandatory for the User to confer their data when registering, but failure to do so could prevent the Customer/Licensee from providing the requested support service.
In any case, at any time following registration, the User can revoke the consent granted by sending a simple written request addressed to the Data Controller.
Failure on the User’s part to explicitly authorise the processing of their data could also prevent the Data Controller from sending the User communications for promotional and commercial purposes and/or from communicating the User’s data to third parties for the same purposes.
The Data Controller will not process sensitive or legal data pursuant to Article 4, paragraph 1 of Italian Legislative Decree 196/2003 Should a requirement to process this kind of data arise, the Data Controller will seek the prior written consent of the User/Data Subject.
The personal data communicated by the Users who download, install and use the APP will be processed by the Data Controller for the following purposes:
a) Username, password, email address are all data spontaneously conferred by the User when filling in the registration form.
b) These data are used by the Data Controller to fulfil the request for remote technical support forwarded by the User via the APP. Subject to the User’s explicit consent, ICONA will communicate the User’s data to the Customer/Licensee for the purpose of authorising the latter to provide the remote support service requested by the User. The Parties agree that, should the User fail to authorise the communication of their data to ICONA’s Customer, it will not be possible for the Customer to provide the remote technical support service requested by the User.
c) Subject to the User’s explicit consent, the Data Controller can contact the User (by phone, email, text or push messages) for the purposes of marketing, direct sales and/or the sending of promotional and commercial communications;
d) Subject to the User’s explicit consent, the latter’s personal data can be communicated by ICONA to third party companies for the purposes of marketing, direct sales and the sending of promotional and commercial communications;
e) To enable the Data Controller to carry out operations which are closely connected and instrumental to the correct management of the relations with the Users, to the provision of the services requested by the above-mentioned Users, also with regard to the functioning and correct use of the APP;
f) To perform statistical analyses in an anonymous and aggregated form;
g) To fulfil the obligations of the laws or regulations in force;
h) To manage any complaints and enable the Data Controller to protect its rights.
The User is never under obligation to confer their data, except when these are required for the fulfilment of the purposes indicated above. Specifically, failure to confer the data described in point 1 could prevent the Customer from providing the remote technical support service requested by the User.
Even if the User has authorised the processing of their data for said purposes, this consent can be revoked at any time, by sending a simple request addressed to the Data Controller.
The data will be processed lawfully, according to the principles of correctness and in compliance with those of necessity, relevance, completeness and minimisation, in relation to the purposes for which they are processed.
The Data Controller will mostly process the User’s data using electronic means suitable for guaranteeing, in relation to the purposes for which the data have been collected, their safety and confidentiality, and to avoid unauthorised access to the same, for a period of time not exceeding that necessary in order to fulfil the purposes indicated above. The virtual servers of ICONA, geographically located in countries within the European Union, are managed by a third party company, specifically appointed as the External Data Processor, which will guarantee the maximum safety and confidentiality of the Users’ data, also in order to prevent unauthorised access to the same.
The data will also be processed in the Data Controller’s local unit, located in Cinisello Balsamo (MI), in Viale Brianza, 20, only using staff specifically appointed to carry out the processing.
The Users’ data which has been conferred to ICONA when filling in the APP Registration form, will be kept by the Data Controller for a period of time not exceeding 5 (five) years from the date on which the APP is last used, for the purposes described above.
In order to pursue the purposes indicated above, the Data Controller may also need to communicate the User’s personal data, in Italy and abroad (including countries not within the European Union) to third parties belonging, by way of example only, to the following categories: Customer/Licensee companies; owned, parent and subsidiary companies; parties that perform technical and IT duties on behalf of ICONA SRL; parties that provide services for the management of the information system of ICONA SRL; parties that perform customer support activities (e.g. call centres, etc.); parties that perform filing and data entry activities; professional studios and companies in the field of consultancy and support relationships; parties that perform market research upon appointment from ICONA SRL.
The parties belonging to the categories reported above will process the Users’ data as Autonomous Data Controllers, or as Data Supervisors, appointed specifically for this purpose by the Data Controller.
The list of the third parties to which the Data Controller can communicate the Users’ personal data is available for consultation by the User in the local unit located in Cinisello Balsamo (20092 - MI), in Viale Brianza, 20, or by writing to the email address: [email protected].
The personal data collected by the Data Controller will not be disseminated.
The User, by downloading, installing and using the APP, explicitly authorises the Customer/Licensee companies of ICONA, who have purchased the user licence for the ACTY software, to use the camera of their mobile device as a video camera, only for the purpose of providing the technical support requested from time to time via the APP.
The User, by downloading, installing and using the APP, explicitly accepts that the video camera will be controlled remotely by the operator of the selected Customer, who will only have access to the video camera for the time necessary to provide the technical support or maintenance service requested by the User, and will have absolutely no possibility of accessing other functions or contents of the mobile device belonging to the User. The Customer/Licensee and their operator will only have access to photographs and video recordings made in compliance with and execution of the support or maintenance service requested by the User.
The User, by downloading, installing and using the APP, explicitly authorises ICONA, on behalf of the Customer/Licensee, to store, in cloud mode managed by the Acty service, the photographs and video recordings taken and made by the Customer’s operator during the support session, in order to allow the Customer/Licensee to provide the service requested. Indeed, the Customer’s operator must create a personalised support form for the User, also containing the photographs and video recordings.
Only the Customer/Licensee can access the Acty-Cloud. ICONA has no access to the Users’ data stored on the Acty-Cloud.
The data will be stored by the Data Controller in Cloud mode managed by the Acty service for a period not exceeding 2 (two) years, also to enable statistical analyses to be performed in anonymous and aggregated form.
Concerning the purposes and procedures of the processing and the times for storing the User’s data by the Customer/Licensee which provides the remote support service requested by the User, the above-mentioned Customer/Licensee, as an autonomous Data Controller, is responsible and obliged to provide the User with the Note pursuant to Article 13 of Italian Legislative Decree No. 196 of 30 June 2003 (“Data Protection Act”).
Each User can exercise their rights pursuant to Article 7 of Italian Legislative Decree 196/2003 by sending a simple written request to the Data Controller. These rights include, but are not limited to:
a) The right of access to one’s own personal data, to obtain confirmation of their existence care of the Data Controller, to know their origin and the purposes and procedures of the relative processing;
b) The right to know the data which identifies the Data Controller and any Data Supervisors appointed;
c) The right to know the parties or categories of parties to which the personal data have been communicated;
d) The right to have any data processed in breach of the law cancelled, anonymised or blocked, and the right to have data updated, corrected or, if of interest, integrated if incorrect or incomplete;
e) The right to object to the processing of one’s data for legitimate reasons;
f) The right to object to the processing for purposes of commercial information or for the sending of advertising material or for direct sale or market research.
The requests must be sent in writing to the company ICONA SRL, at the local unit located in Viale Brianza, 20 20092 Cinisello Balsamo (MI) Italy, or to the email address [email protected].
Cookies are small text files that the websites visited by the User send to their browser, where they are temporarily memorised.
Regarding the types of cookies used by the company ICONA Srl in the Website www.acty.com, and in order to acquire any additional information about these, full reference should be made to the Cookie Policy published at the bottom of the Website Acty and accessible at the address https://www.acty.com/en/docs/Cookie_site_ENG.pdf.