Version effective from May the 25^th 2018

Welcome to the site www.orazioluciano.com (the “Site”). The Site is owned, managed, operated and maintained by Luciano S.r.l., with registered office at Via Vito Romano, P.co Mastrominico, post code 81055 Santa Maria Capua Vetere (CE), Italy, Fiscal Code, VAT no. 03226380610 (“Orazio Luciano”) in its capacity as seller. This privacy notice and policy (“Privacy Policy”) is provided in accordance with the General Data Protection Regulation (EU) 2016/679 (the “GDPR”) and with Italian Legislative Decree no. 196/2003 (the “Privacy Code”), if applicable, and explains the ways and purposes of the processing of your personal data (“Personal Data”) made via the Site and/or voluntarily provided by you through the Site.

This Website don’t knowingly request or collect, use and disclose personal data provided by a person under the age of 18. In the event we learn we have collected personally data from a child, we will delete that information. If you are under this age, please don’t register or proceed with the online purchase and ask an adult (i.e. your parents or your legal guardian) to proceed with the required procedures.

1. Data Controller

With reference to the processing of your Personal Data as a consequence of your access and use of the Site, including your mere navigation of the Site, your use of the Contacts and/or Customer Care area of the Site, your request to receive the newsletter, for the purchase of the products of Orazio Luciano and the related commercial transactions via the Site, including your registration on the Site, the management of orders, the sale and delivery of the products via the Site, the management of returns and warranties and other activities necessary for the sale of the products via the Site, the data controller of your Personal Data is Luciano S.r.l., with registered office at the address above indicated.

For the purpose of this Privacy Notice and the data processing described therein please note that “We” “our”, “us” "Company" is also referred to Luciano S.r.l., as Data Controller. 

Should you wish to know which of your Personal Data are held by Orazio Luciano, we invite you to contact Orazio Luciano in accordance with article 6 below. 

The Site may contain links to sites of third parties that are neither controlled nor monitored by Orazio Luciano. We invite you to take note that access and use of such sites of third parties may be subject to acceptance by you of additional privacy notice(s) prepared by such third party data controllers and we invite you to carefully read such notice(s) prior to use such sites of third parties. 

2. Processed Personal Data 

Navigation data 

As regards navigation data, we inform you that computer systems and software procedures used for the provision of the Site may collect, during their normal operation, certain Personal Data the transmission of which is implied in the use of protocols of Internet communications. These Personal Data are not collected to be associated with a specific identified person, but, by their own nature and through processing and association with data of third parties, may permit your identification. This category of data comprises the IP addresses or domain names of the computers used by you when you access the Site, the addresses in URL notation of the required resources, the time of the request, the method used to forward the request to the server, the size of the file received in reply, the digit code showing the state of the reply given by the server (success, error, etc.) and other parameters of your operating system and technological environment. 

These data are used only to obtain anonymous statistical information about the use of the Site (for example the number of accesses) and to check its correct performance and are deleted after processing within the period of time of 58 Months.

Data voluntarily provided 

We inform you that you may access and navigate the Site without being requested to voluntarily provide any of your Personal Data.

In respect of Personal Data that you may voluntarily provide in using the Site, we inform you that the Personal Data you may provide to subscribe for newsletter or by means of the Contacts and/or Customer Care section of the Site and/or for the purposes of registration on the Site and/or by means of the order form for the conclusion and performance of commercial transactions concerning the purchase of the Products through the Site, may comprise your name, surname, genre, email address, as well as information about you that is included in the messages that you may send to Orazio Luciano. 

Sensitive Data 

Orazio Luciano recommends that you do not transmit Personal Data or information that may be classified as sensitive data pursuant to the Privacy Code (that is data that are capable of providing information concerning health, sexual orientation, political and religious convictions). Orazio Luciano will ignore any sensitive data contained in the messages that you may send to Orazio Luciano through the Contacts section of the Site, unless you provide your written consent to the use of such sensitive data by sending a consent release in accordance with article 6 below.

3. Cookies

We invite you to read the dedicated section on the cookies used on the Site.

4. Ways and purposes of Personal Data processing 

Purposes of Personal Data processing 

Personal Data provided will be collected and processed by Orazio Luciano solely for the purposes indicated below:

(a) purposes connected with the services requested via the Site: for the management of the procedures for your registration on the Site and/or of the operations and security of the Site and the provision of services requested via the Site, for example through the Contact and/or Customer Care Section, as well as for the performance of the obligations deriving from the relationship established with you and applicable laws and/or regulations, including on accounting-administrative and public security matters, and the protection of the rights of Orazio Luciano or the users of the Site; 

(b) purposes connected with the services requested via the Site: for the management of the operations and security of said section the management of procedures and/or transmissions of order forms of the Products, the management, conclusion and performance of commercial transactions concerning the purchase of the Products (eg. order receipt, order verification and verification of payment of price and other related costs, shipping, delivery, returns, etc.), as well as for the performance of the obligations deriving from the relationship established with you and applicable laws and/or regulations, including on accounting-administrative and public security matters;

(c) accounting-administrative purposesconnected with the services provided via the Site and/or by companies that are affiliated to or engaged by Orazio Luciano for the provision of the same services; 

(d) subject to your prior consent, if such consent is required by the Privacy Code and it being free and optional, for marketing purposes, such as market and/or marketing researches, including presentation of new products of Orazio Luciano, promotions and/or offers of products of Orazio Luciano and/or of third parties to which Orazio Luciano participates, also by means of automated systems such as e-mail (direct e-mail marketing), postal mail, market and/or consumer surveys, including (i) transmission of newsletters and/or communications (eg. initiatives, contests, new product and/or site launches); (ii) promotions (eg. of products of Orazio Luciano and/or products of third parties); 

Provision of Personal Data 

With the exception of navigation data, you are free to provide Personal Data via the Site, at the time of your registration on that section and/or at the time of compilation of an order for the Products, or through the Contact and/or Customer Care section of the Site or requesting to receive  newsletter. However, your failure to provide such Personal Data may result in the impossibility to conclude and/or perform the commercial transactions via the Site and/or obtain what you requested with your message sent to Orazio Luciano. 

In particular, failure by you to provide Personal Data such as biographical data, your e-mail address, your postal address, your credit card data and/or bank coordinates, as well as the Personal Data identified in the e-commerce section by the sign (*), may result in the impossibility to perform the purchase agreement for the Products and/or correctly perform obligations deriving from applicable laws and/or regulations. Failure to provide such Personal data may thus constitute, as the case may be, a legitimate and justified reason not to perform the purchase agreement for the Products via the Site. 

Provision of Personal Data other than those indicated above is optional and does not entail any effect on the purchase of the Products via the Site.

As regards the purposes of processing indicated at previous points (b) and (c), your transmission of an order for the Product implies your acknowledgment of the processing of your Personal Data for said purposes and, since such processing is aimed at the performance of the relationship established with you and/or for purposes of a legal, accounting or administrative nature, your consent to said processing is not required. 

As regards, instead, the purposes indicated at previous points (a) and (d), if so required by the Privacy Code, you will be requested to expressly consent to the processing of Personal Data for such purposes. Failure by you to consent to the processing of Personal Data for such purposes will result in the impossibility for you to successfully register on the e-commerce section of the Site and/or transmit a message to Orazio Luciano via the Contact section of the Site and/or to receive commercial communications and/or materials as above described.

In any event, you shall be entitled to object at any time to the processing of Personal Data for the purposes indicated at previous point (d) and choose to no longer receive commercial communications and/or materials, even if of specific interest to you.

Ways of Personal Data processing 

The processing of Personal Data will be made principally by means of automated and/or electronic systems, with the modalities and means that are able to guarantee the security and confidentiality of same, in accordance with the provisions of the Privacy Code. In particular, all technical, informatics, organizational, logistic and procedural security measures, as provided by the Privacy Code, shall be adopted so as to guarantee the minimum level of protection provided by the law. Information collected and processing ways shall be pertinent to and not in excess of the type of services rendered. Your Personal Data shall also be managed and protected in an environment which access to is under constant control. 

The lieu of processing of Personal Data is the registered offices of Orazio Luciano or, if necessary, the offices of the persons indicated at article 5 below.

Security measures 

Orazio Luciano adopted security measures to reduce to the minimum the risk of destruction or loss, even if accidental, of your Personal Data, unauthorized access to the same or processing of same that is unauthorized or non-compliant with the purposes above indicated. However, since it is not possible to guarantee that the measures adopted for the security of the Site or data or information transmission via the Site limit or exclude any risk of unauthorized access or data loss, we invite you (i) to periodically update your software for protecting data transmission over networks (for example, antivirus software) and check that your provider of electronic communication services has adopted suitable means for the security of data transmission over networks (for example, firewalls and ant spamming filters); (ii) keep confidential, and not to disclose to any else, your username and password to access to your account; and (iii) to change your password from time to time.

In the unlikely event we believe that the security of your personal information in our possession or control was or may have been compromised, we will notify you of that development as required by applicable law using any of the methods prescribed thereunder (by providing us with your email address, you hereby consent to receiving any such notification in electronic form through such email address).

5. Communication and dissemination of Personal Data 

Your Personal Data may be communicated: 

(a) to all the persons (including legal, administrative and taxation consultants, Public Authorities, etc.) who are granted access to Personal Data in accordance with normative and/or administrative measures or to whom communication is necessary in performance of contractual obligations with you  or deriving from applicable laws and/or regulations; 

(b) to companies and/or persons and/or consultants and/or professionals and/or suppliers, including Internet providers, who cooperate with Orazio Luciano for the attainment of the purposes of processing of Personal Data, and persons engaged to manage and maintain the Site or engaged by Orazio Luciano for the provision of the service offered therein; persons in charge of the transmission of informative and promotional materials.

The above indicated persons shall act in their capacity of autonomous data controllers, data supervisors or persons in charge of data processing of the Personal Data, as the case may be. A list of data supervisors of Personal Data is available at Orazio Luciano’s registered offices and may be accessed upon request by sending an email to the following e-mail address: info@orazioluciano.com

In particular, your Personal Data may be communicated to third parties that, in their capacity as data supervisors, provide specific services on behalf of Orazio Luciano to perform the purchase agreement for the Products via the e-commerce section of the Site, such as for example (i) Stripe Inc. US for the provision of services for payment by credit card; (ii) DHL for the provision of shipment services; (iii) Oakhurst Venture UG, to monitor and analyze Site activity, host Site content, provide technical and organizational services functional to the purposes above, maintain our customer database, assist in marketing and administer emails, market analysis, surveys, contests, sweepstakes or promotions. Our service providers are not authorized to use Personal Data for any purpose other than to provide the contracted services.

Except in anonymous or aggregated form and for purposes of statistics or research, your Personal Data shall not be disseminated.

6.Rights in respect of your Personal Data 

Pursuant to GDPR, you are inter alia entitled to: 

(a) obtain confirmation as to whether your Personal Data are held by Orazio Luciano and their communication to you in intelligible form;

(b) obtain information from Orazio Luciano concerning the source of collection of Personal Data, ways and purposes of their processing, logic applied to their processing if made by electronic systems; information on the persons or categories of persons to whom the Personal Data may be communicated and/or who may become aware of same in their capacity as data supervisors or persons in charge of data processing;

(c) obtain the update, rectification or integration of your Personal Data; the deletion, transformation into anonym data, or blockage of Personal Data that have been processed unlawfully, including data that must be stored in connection with the purposes for which they were collected or processed;

(d) object, in whole or in part, for legitimate reasons, to the processing of your Personal Data described at previous article 4, point (d).

(e) if you have previously registered on the Site, access and update some of your information through your account settings;

(f) ask us to correct inaccurate or incomplete personal information concerning you and which you cannot update yourself within your Site’s account;

(g) request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

If you wish to opt-out from any of the marketing purposes described at previous article 4, point (d), or manage your advertising preferences, you can simply send your request to us, as indicated below.

You may exercise the above referred rights by contacting Orazio Luciano at the address above indicated, via the Contact and/or Customer Care section, or at the following e-mail address: info@orazioluciano.com 

You have also the right to lodge complaints about the data processing activities carried out by Orazio Luciano before the competent data protection authorities

7. Data retention

Personal Data will be retained for the duration of the business relationship and for as long as necessary for the purposes described in this Privacy Policy. In particular: 

• if you subscribe to a newsletter, for the duration of your subscription; 
• if you have a user account, until you close the account);
• if you buy a product through the Site, your Personal Data will only be retained to comply with our legal and regulatory obligations (for 10 years for accounting purposes; for the duration of the mandatory retention requirements for tax purposes), or to allow us to maintain evidence of our respective rights and duties.

8. Updating this Privacy Notice and Policy – Notices

This Privacy Policy is subject to updates and variations made from time to time by the Data Controller processing your Personal Data, in its own discretion, also as a consequence of variations in applicable laws and/or regulations. Please check this Privacy Policy regularly to ensure that you are also aware of any variations or amendments made to it. Your use of the Site and/or your purchase of the products of Orazio Luciano will be subject to the Privacy Policy posted on the Website from time to time and in force at the time of such use and/or such purchase.

By accepting such revised Privacy Policy through a “click accept” in such notification email or account page statement (made available when required to comply with the applicable laws), or by completing a purchase on the Site after this Privacy Policy has been revised, or, otherwise, by using or submitting information to the Site following the posting of the revised Privacy Policy, you agree to such revised Privacy Policy. 

As a consequence of the changes no processing of your data will be carried out without your explicit consent if so required by the applicable law.