Information to shareholders, ex art. 13-14, EU Reg. 2016/679 (GDPR)
Pursuant to Regulation 2016/679/EU (General Data Protection Regulation – hereinafter GDPR), Italian Wine Brands S.p.A., hereinafter also IWB, provides you with the following information on the processing of your personal data provided by you to IWB, also through credit institutions and financial intermediation companies, in relation to your relationship as a shareholder.
Identity and contact details of the data controller
The Data Controller is [Company], with registered office in Viale Abruzzi, 94 – 20131 Milan and VAT no. 08851780968.
A Data Protection Officer (DPO) is also in charge and can be contacted by writing to the e-mail address privacy@italianwinebrands.it.
The complete and up-to-date list of the persons in charge appointed by our company can be obtained by sending a written request by e-mail to privacy-office@italianwinebrands.it, or by registered letter.
Purpose of processing and legal basis
Your personal data will be processed for the following purposes:
(1) maintenance of the shareholders’ book and related activities;
(2) constitution and updating of the mailing list (name, address and any other contact details) for sending communications and company documentation;
(3) accreditation and registration for participation in the Company’s meetings;
(4) registration and recording of speeches and votes in the shareholders’ meetings;
(5) payment of dividends;
(6) exercise of the right of withdrawal or any other right for the exercise of which, according to the law, prior legitimation is required by the issuer
(7) statistics to verify the Company’s shareholder base or attendance at shareholders’ meetings.
Furthermore, should you provide your personal data for the purpose of exercising the shareholders’ rights identified by the Consolidated Law on Finance (Legislative Decree 58/1998) and precisely for
(8) the formulation of questions before the shareholders’ meeting;
(9) the notification to IWB of proxies given to your representatives
(10) exercising your vote before the meeting by electronic means,
In addition to the above purposes, the aforementioned data may be processed in order to comply with the obligations laid down by law, regulations or Community legislation.
The legal basis is given by the fulfilment of the law (art. 2370 c.c. and following) and for the inherent and consequent fulfilments. The acquisition of your data is therefore necessary and/or compulsory by law for the pursuit of the purposes indicated in this information notice.
Failure to provide your data, or providing partial or inaccurate data, may result in incorrect fulfilment of the obligations (under the law or towards you), as well as non-admission to the Meeting.
Category of personal data and processing methods
In relation to the purpose described above, [Company] will process Personal Data such as, by way of example but not limited to
– personal data (e.g. name, surname, address, date of birth, identity document, tax code);
– tax data relating to the shares held.
The processing of the data in question will be based on the principles of correctness, lawfulness, transparency and protection of confidentiality. Specific security and confidentiality measures in accordance with the provisions of the law, subsequent regulations and internal provisions are observed to prevent the loss of data, unlawful or incorrect use and unauthorised access.
All the documentation provided to us and collected on paper or directly in electronic format, is stored by our Company at the structure of the subsidiary Giordano Vini S.p.A., with administrative headquarters located in Via Guido Cane 47 bis-50 – 12055 Valle Talloria d’Alba (CN), for the time prescribed by civil and fiscal regulations.
The processing of the data in question is also carried out with the aid of electronic and automated means, using terminals and personal computers connected to the company network and, in any case, by means of instruments suitable for guaranteeing security and confidentiality. The methodologies applied also guarantee the non-interference between the treatments related to the various purposes and limited access only to those responsible for each of the purposes inherent to the corporate relationship between the person concerned and Italian Wine Brands S.p.A.
Period of data retention
All personal data will be kept, together with the documents produced during the Shareholders’ Meeting, by [Company] for the purpose of documenting what is recorded in the minutes. Any audio/video recordings made during the Shareholders’ Meeting, once the minutes have been recorded, shall be destroyed.
In accordance with the principles of proportionality and necessity, personal data shall be kept in a form which permits the identification of the data subjects for a period of time not exceeding the fulfilment of the purposes for which the data are processed, as well as for the period provided for by law for administrative purposes, for the management of any complaints/litigation or for criminal purposes.
Scope of data communication
In addition to IWB’s employees/collaborators, some of your personal data may be processed by third parties, including IWB’s subsidiaries, to whom IWB entrusts activities and services (or part of them) in order to achieve the purposes indicated above.
These third parties may also be established abroad, in EU or non-EU countries; in the latter case, the transfer of data is carried out by virtue of the existence of a decision by the European Commission on the adequacy of the level of data protection in the non-EU country or on the basis of the appropriate and suitable guarantees provided by articles 46 or 47 of the GDPR (e.g. signing the “standard clauses” on data protection adopted by the European Commission) or of the further conditions of legitimacy for the transfer provided by article 49 of the GDPR. These entities will operate as autonomous Data Controllers or will be designated as Data Processors and are included in the following categories:
a. Members of the Board of Directors and the Board of Statutory Auditors of the Company;
b. Companies or persons appointed to send company material;
c. Companies or persons for the management and maintenance of information systems;
d. Auditing firms;
e. Companies/service centres for the imputation of data necessary to update the shareholders’ register;
f. Companies/Service Centres, professional firms or freelance professionals for advice and assistance in corporate operations, organisation/management of shareholders’ meetings and related activities;
g. Institutions and/or Public Authorities (Courts, Stock Exchange, Consob, etc.), to fulfil specific legal/regulatory obligations;
h. Companies/Banking Services Centres and/or Credit Institutions for the transmission of data aimed at the completion of securities transfer transactions and banking instructions (e.g. payment of dividends);
i. Promoters of proxy solicitation for participation in shareholders’ meetings, in the cases provided for by law;
j. persons prescribed in relation to the fulfilment of legal and/or regulatory obligations and/or deriving from EU legislation (taking into account that the Company is listed on a regulated market and therefore subject to additional obligations and disclosure requirements).
k. persons in charge/authorised to process data of the company secretariat and administrative and control bodies of [Company];
In addition, some of your personal data may be disclosed to the financial market in accordance with applicable laws and CONSOB regulations.
Rights of data subjects under Articles 15-22, GDPR
In relation to the processing of personal data, in accordance with the following articles of GDPR 2016/679: You have the right to ask [Company]:
Art.6 – withdrawal of consent: you may withdraw your consent at any time;
Art.15 – access: you may ask for confirmation as to whether or not data relating to you is being processed, as well as for further clarification of the information set out in this notice;
Art.16 – rectification: the interested party may ask to rectify or supplement the data he has provided us with, if inaccurate;
Art.17 – cancellation: the interested party may request that his/her data be cancelled if it is no longer necessary for our purposes, in case of revocation of consent or his/her opposition to processing, in case of unlawful processing, or if there is a legal obligation to cancel or refer to persons under sixteen years of age.
Art.18 – restriction of processing: the data subject may request that his or her data be processed only for storage purposes, to the exclusion of other processing, for the period necessary to rectify his or her data, in the event of unlawful processing for which he or she opposes cancellation, if he or she needs to exercise his or her rights in court and the data stored by the Controller may be useful to him or her and, finally, if he or she opposes processing and a check is being carried out as to whether the Controller’s legitimate reasons prevail over his or her own.
Art.20 – portability: the data subject may request to receive his data, or have them transmitted to another data controller indicated by him, in a structured, commonly used and machine-readable format.
Art.21 – objection to processing: the data subject may object at any time to the processing of his or her data, unless there are legitimate reasons for the Controller to proceed with the processing that override his or her own, e.g. to exercise or defend himself or herself in court.
Art.22 – Opposition to automated decision-making: the data subject may oppose automated decision-making if the Controller carries out this type of processing.
Right to lodge a complaint with the Supervisory Authority ex art.77, GDPR
The data subject has the right to lodge a complaint with the Supervisory Authority, which in Italy is the Guarantor for the Protection of Personal Data – Piazza Venezia 11, 00187 Rome (RM) – www.garanteprivacy.it, by sending an email to protocollo@pec.gpdp.it, using the form found on the Authority’s website.
At any time, the interested party may ask to exercise the foregoing rights to [Company] by sending an email to privacy-office@italianwinebrands.it or by registered letter A/R.