The purpose of this document (hereinafter the “Privacy Policy“) is to inform Users about personal data, understood as any information that allows the identification of a natural person (hereinafter the “Personal Data“), collected by the Ophy Eyewear website (hereinafter the “Application“).

The Data Controller, as subsequently identified, may amend or simply update all or part of this Policy by informing Users. The modifications and updates will be binding as soon as they are published on the Application. The User is therefore invited to read the Privacy Policy each time the Application is accessed.

If the User does not accept the changes made to the Privacy Policy, he must cease to use this Application and may request the Data Controller to remove his Personal Data.

• Personal Data collected by the Application

The Owner collects the following types of Personal Data:

• Content and information provided voluntarily by the User
  • Contact data and contents: these are those Personal Data that the User voluntarily provides to the Application during its use, such as personal data, contact details, access credentials to the services and/or products provided, personal interests and preferences and other personal content, etc.

Failure by the User to provide Personal Data, for which there is a legal or contractual obligation or if they are a necessary requirement for the use of the service or for the conclusion of the contract, will make it impossible for the Owner to provide all or part of its services.

The User who communicates Personal Data of third parties to the Owner is directly and exclusively responsible for their origin, collection, processing, communication or dissemination.

• Data and content acquired automatically during the use of the Application:
  • Technical data: during their normal operation, the computer systems and software procedures used to operate this Application may acquire some Personal Data whose transmission is implicit in the use of Internet communication protocols. This information is not collected in order to be associated with identified Users, but by its very nature could, through processing and association with Data held by third parties, allow Users to be identified. This category includes IP addresses or domain names used by Users connecting to the Application, URI (Uniform Resource Identifier) addresses of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained, etc.
  • Personal data collected through cookies or similar technologies:
    • The Application uses cookies, web beacons, unique identifiers and other similar technologies to collect Personal Data about the pages, links visited and other actions you perform when using our services. They are stored and then retransmitted the next time the same User visits us.

The User can view the full Cookie Policy at the following address: https://www.ophyeyewear.com/cookie-policy.

• Purpose

The Personal Data collected may be used for the performance of contractual and pre-contractual obligations and for legal obligations as well as for the following purposes:

• Sending emails or newsletters and managing mailing lists: to contact the User with emails containing commercial and promotional information relating to the Application.
• Processing methods. Personal Data is processed by computer and/or telematic tools, with organisational methods and logics strictly related to the purposes indicated.

In some cases, subjects involved in the organisation of the Data Controller (such as, for example, personnel management personnel, sales staff, system administrators, etc.) or external subjects (such as IT companies, service providers, postal couriers, hosting providers, etc.) may also have access to Personal Data. These subjects may be appointed as Data Processors by the Data Controller, as well as have access to the Personal Data of the Users whenever necessary and will be contractually obliged to keep the Personal Data confidential.

The updated list of Data Processors can be requested by email at info@ophyeyewear.com.

• Legal basis of processing

The processing of Personal Data relating to the User is based on the following legal bases:

1. the consent given by the User for one or more specific purposes;
2. the processing is necessary for the performance of a contract with the User and/or the execution of pre-contractual measures
3. the processing is necessary to fulfil a legal obligation to which the Controller is subject
4. processing is necessary for the performance of a task carried out in the public interest or in the exercise of public authority vested in the Controller
   processing is necessary for the pursuit of the legitimate interest of the Controller or of third parties
5. the processing is necessary for the pursuit of a vital interest of the Controller or of third parties.

However, it is always possible to ask the Controller to clarify the legal basis of each processing at info@ophyeyewear.com.

• Place

Personal Data are processed at the Controller’s operational headquarters and in any other place where the parties involved in the processing are located. For further information, please contact the Data Controller at the following email address info@ophyeyewear.com or at the following postal address Via Aldo Moro, 29 – 95038 Santa Maria di Licodia (CT).

• Security measures

The Processing is carried out according to methods and with instruments suitable to guarantee the security and confidentiality of Personal Data, the Data Controller having adopted adequate technical and organisational measures that guarantee, and allow to demonstrate, that the Processing is carried out in compliance with the reference legislation.

• Period of Data Retention

Personal Data will be kept for the period of time necessary to fulfil the purposes for which they have been collected.

In particular, Personal Data shall be kept for the entire duration of the contractual relationship, for the performance of the obligations inherent thereto and consequent thereto, for the compliance with applicable legal and regulatory obligations, as well as for its own or third parties’ defence purposes.

If the processing of Personal Data is based on the User’s consent, the Controller may keep the Personal Data until the consent is revoked.

Personal Data may be kept for a longer period if necessary to comply with a legal obligation or by order of an authority.

All Personal Data will be deleted or retained in a form that does not permit identification of the User within 30 days after the end of the retention period. Upon expiry of this period, the right of access, cancellation, rectification and the right to portability of Personal Data may no longer be exercised.

• Automated decision-making processes

All Personal Data collected will not be subject to any automated decision-making process, including profiling, which may produce legal effects for the individual or which may significantly affect the individual.

• User Rights

Users may exercise certain rights with reference to the Personal Data processed by the Data Controller. In particular, the User has the right to:

1. withdraw consent at any time;
2. object to the processing of their Personal Data;
3. access their Personal Data
4. verify and request rectification
5. obtain the limitation of the processing;
6. obtain the deletion of your Personal Data;
7. receive your Personal Data or have your Personal Data transferred to another data controller;
8. to lodge a complaint with the data protection supervisory authority and/or take legal action.

In order to exercise their rights, Users may address a request to the contact details of the Data Controller indicated in this document. Requests are made free of charge and processed by the Controller as soon as possible, in any case within 30 days.

• Data Controller

The Data Controller is Placido Minissale, Via Aldo Moro, 29 – 95038 Santa Maria di Licodia (CT), tax code MNSPCD90A17C351Q, VAT no. 05434130877, e-mail address info@ophyeyewear.com.

Last update: 18/10/2021