This information is provided by THE MARKET PropCo S.r.l. to the tenants of one or more business locations owned by the company (hereafter “Tenants”) and persons acting on their behalf.
Personal data will only be used in accordance with:
• EU Regulation no. 2016/679 (hereafter “Regulation”);
• Law171/2018 of the Republic of San Marino (hereafter “Law”);
• guidelines of the authorities appointed as Guarantors.
1. Data Controller and office responsible for processing personal data
The Data Controller is THE MARKET PropCo Srl (hereafter referred to also simply as “THE MARKET”), with registered office at Strada degli Angariari 41 – 47891 Falciano (RSM), C.O.E. 26567, in the person of its legal representative pro tempore, Email: privacy@themarket.sm.
The Data Controller has appointed a DPO, who can be reached by e-mail at dpo@themarket.sm or by writing to the address of THE MARKET.
The Representative in the European Union for the processing and use of personal data is the company Promos Development Srl, with registered office at Via San Zeno no. 173, 25124 – Brescia, fiscal code and V.A.T. No. 04444270989, in the person of its legal representative pro tempore, Email: rappresentanteUEsanmarinoutlet@gmail.com;
The company responsible for processing personal data, in its role as business and marketing manager in charge of handling relations with the users of the outlet, is Promos S.r.l. — fiscal code and V.A.T. no.: 03123920179 – registered office at 173 via San Zeno, 25124 Brescia (BS), Phone: +39 030 2422862, and e-mail: privacy@promosgroup.it, with Stable Organization in San Marino atFalciano, Strada degli Angariari 41.
The Data Processor also has its own DPO who can be reached at the email address dpo@promosgroup.it , phone number +39 030 242 2862 or by writing to the company offices.
2. Data subject to processing — Purposes and legal bases
Any personal data supplied by the tenants (first and last name, telephone number, company name, registered office, fiscal data, banking and payment information, email addresses, and any information about the profession or business activities performed) and/or communicated by third parties with whom they have specific contractual relations, will be processed for the following reasons:
a. to perform negotiations and lease agreements in which the tenant is a party: (legal basis) the need to execute the terms of the contract with the tenant;
b. to perform administrative, fiscal and accounting activities: (legal basis) the need to execute the terms of the contract with the tenant and fulfil legal obligations;
c. to verify the security and financial/commercial reliability of its suppliers and other contractual counterparts, including the tenants, to prevent fraud, ensure the solidity of management and correct performance of business relations between the data controller and its tenants, (legal basis) legitimate interest of the Data Controller.
d. to claim and defend its rights, also in procedures of debt collection, with regards to tenants or third parties in a possible dispute: (legal basis) legitimate interest of the Data Controller.
The provision of data for these purposes, while optional, is essential in order to stipulate the commercial lease contract with the tenant. If, for the performance of the contract, the tenant provides data referring to other data subjects to the data controller, the tenant is required to inform said data subjects that their data is being processed by the company and supply them with a copy of this informative document.
Data will be processed both manually and digitally, and only for the time necessary to achieve the purposes of the Data Controller. Having satisfied these conditions, the data will be preserved for a term of 10 years (term of conservation for data used in accounting and fiscal activities and to exercise the rights of the data controller) and will then be deleted. In case of any legal disputes, the data will be maintained for the duration, until the term for filing of claims or appeals has expired. Fully automated decisional processes that produce legal effects for the data subjects or affect them in significant ways are not used.
3. Recipients of personal data
Personal data may be communicated to third parties for the purposes indicated above, and processed by them as data processors or independent data controllers.
4. Transfers of data to other countries
Some of the personal data of users are shared with recipients that may be located outside of the Republic of San Marino and the European Economic Community (EEC). The Data Controller guarantees that any processing of personal data by these recipients is done in respect of the Law and Regulation and, in any case, with full application of adequate security. Indeed, such transfers are based on a decision of adequacy or on the Standard Contractual Clauses approved by the European Commission.
5. Rights of data subjects and how to exercise them
The articles from 15 to 22 of the Law and Regulation grant data subjects specific rights that they may exercise. Art. 15 of the Law and Regulation recognizes the right of data subjects to access their personal data and obtain a copy. The right to obtain a copy of their data shall not infringe on the rights and freedoms of others.
With the request of access, data subjects have the right to obtain from the data controller confirmation or denial of the fact that their data are being processed and to know the purposes and categories of data involved, the third parties to which they have been communicated and whether the data have been transferred to a country outside Europe with adequate guarantees. The data subjects also have the right to know for how long their personal data will be used, in respect of the aforementioned purposes.
With respect to their personal data, data subjects may request correction of incorrect data and completion of incomplete data, as well as deletion (right to oblivion) at the conditions indicated by art. 17 of the Regulation, and may request limitation of processing and portability of data.
To exercise the above right, it is necessary to contact one of the following parties:
- the Data Controller at the email address privacy@themarket.sm or the DPO at the address dpo@themarket.sm, or by writing to the address of the registered office of THE MARKET;
— the Representative in the European Union at the email address rappresentanteUEsanmarinoutlet@gmail.com or by writing to the address of its registered office at Via San Zeno n. 173, 25124 – Brescia.
Before responding, it may be necessary to identify the data subjects by asking them to supply a copy of their identity document. The data controller will provide a written answer without undue delay and, in any case, no later than one month after receipt of the request.
6. Claims with the guarantor for the protection of personal data
Data subjects who believe that use of their personal data violates the provisions of the Law, the Regulation or, more in general, the norms on the subjects of the protection of personal data, may file a claim:
— if they reside or work in the Republic of San Marino, or the violation occurs there, to the Guarantor for the Protection of Personal Data (www.garanteprivacy.sm), as provided by art. 66 of the Law, or to apply to the appropriate judicial authorities (art. 70 of the Law);
— if they reside or work in the European Union, or the violation occurs there, to the Italian Guarantor for the Protection of Personal Data (www.gpdp.it), as provided by art. 77 of the Regulation, or to apply to the appropriate judicial authorities (art. 79 of the Regulation).