PRIVACY POLICY
in accordance with Art. 13 of Regulation (EU) 2016/679 of 27 April 2016 - GDPR
Luna Rossa Challenge S.r.l. (hereafter Luna Rossa), with registered office in Grosseto, Via Genova 5/a, (Italy), recognises the importance of maintaining the confidentiality, integrity and security of any non-public personal data provided (hereafter “Personal Data”) and hereby informs you that the Personal Data provided upon accessing the Luna Rossa operating base or during events and regattas will be processed in respect of the existing European legislation on privacy (Regulation (EU) 2016/679 – hereafter “GPDR”) and the specific local regulations applicable each time to processing carried out outside the European Union.
This privacy policy is provided in fulfilment of the provisions indicated in Art. 13 of the GDPR to visitors accessing the Nautical Base and/or the Luna Rossa offices and explains the methods of acquisition, use, sharing, storage and protection of the personal data.
To guarantee the best privacy protection, the personal data processing will be based upon principles of fairness, lawfulness and transparency and protection of the confidentiality and rights of the data subjects.
Privacy policy
The purpose of this document is to inform you, in conformity with the EU General Data Protection Regulation 2016/679 and with all respective supplementary regulations applicable to personal data protection, of the processing conditions of information collected, processed and sent by Luna Rossa, as Data Controller, which may be classified as personal data in accordance with the GDPR and the applicable legislation on personal data protection.
Personal data are information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, tax code, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.
On the other hand, data communicated in anonymous or aggregate form, which do not allow for the identification of a certain natural person, even indirectly or through the combination with other information, are not considered personal.
Consent to the processing of data of minors may only be provided by the holder of parental responsibility (parent exercising parental responsibility or those having legal representation). Persons aged under 16 may not provide any personal data and may not make directly requests relating to personal data processing. Luna Rossa Challenge does not accept any liability for any untrue declarations provided. If it is ascertained that the personal data were acquired through untrue declarations, they will be erased immediately.
Aspects relating to the regulations and the application of the points subject to this policy are identified below.
1. Personal data processing by the controller, purposes and justification
More specifically, the data to be processed are the following:
- personal data, such as name and surname, place and date of birth, residential address, identity document number and email address;
The data will be used for the following purposes:
a. strictly connected to and necessary for recording accesses to the Nautical Base for the purposes of protecting the security of the locations and the property of Luna Rossa;
b. for activities connected to the management of any contact requests or requests for information made by the data subject and for sending responses;
c. related to the fulfilment of obligations provided by community and national regulations, the protection of public order, the ascertainment and repression of crimes;
In addition, with the prior consent of the data subject, the Personal Data may be entered into the database for the following purposes:
d. statistical or informative and/or promotional purposes to manage requests, updates, contacts, for sending (by post, telephone, email and other forms of electronic communication) promotional communications, news on events and/or invitations by Luna Rossa relating to events, initiatives and offers of products and services of Luna Rossa and/or of third party companies, such as sponsors and partners of Luna Rossa.
The provision of data for the purposes indicated in points a), b) and c), functional to security requirements or the management of a request by the data subject or required by a specific regulatory provision, is mandatory and, failing that, it will not be possible to access the Nautical Base or to receive information and to satisfy the requests of the data subject; in relation to point d) of this Privacy Policy, the data subject's consent to data processing is, on the other hand, free and optional and revocable at any time without consequences, although in the absence of consent, Luna Rossa will be unable to keep the data subject updated on new initiatives and cultural and promotional activities.
2. Recipients and transfer of data to third parties
The data collected are not provided to third parties, except in specific cases:
- to carry out security checks.
- for legitimate requests by the judicial authority or police bodies and only in cases envisaged by law;
- if it is necessary for the provision of a specific requested service;
- to advisors and professional firms which provide assistance and/or consulting activity or which perform, on behalf of Luna Rossa, services related and instrumental to the data processing purposes.
The security staff of the Nautical Base may come to know of the personal data.
The personal data provided will not in any way be sold to third parties, and any paid consultation of the data by third parties will not be permitted; the data will not be disclosed in other ways to third parties for marketing and advertising purposes without the consent of the data subject.
3. Transfer of data to non-EU countries
If necessary for the purposes indicated above, the data may be transferred abroad in conformity with the provisions of applicable law even to countries outside the European Union in which the Company pursues its interests, adopting the security measures and due precautions to guarantee an adequate level of data security.
4. Controller, processor and officers
In accordance with Art. 24 of Regulation EU 2016/679, the Controller of the personal data processing is Luna Rossa Challenge Srl, with registered office in Grosseto Via Genova 5/a, 58100 GR. For any questions or complaints regarding this Privacy Policy, the privacy standards or the personal data management procedures, the data subject may contact our Privacy Manger at any time by writing to the address: privacy@lunarossachallenge.com.
Luna Rossa Challenge S.r.l., in the capacity of Data Controller, hereby informs you that the Privacy Policy was prepared in accordance with Regulation EU no. 679/2016 (the “GDPR”) and applicable national legislation.
The personal data of users is processed by a limited number of employees of Luna Rossa Challenge, in the capacity of persons authorised to process (“Officers”). The Officers (staff trained and informed on use of the data) work under the Controller or Processor's direct authority.
The named list of the Processor and officers is available from the offices of Luna Rossa Challenge, located in Cagliari at Molo Ichnusa, Terminal Crociere Porto di Cagliari.
5. Data Protection Officer, data users and rights of the data subjects
The Data Controller has appointed a Data Protection Officer, who may be contacted by e-mail at the address: privacy@lunarossachallenge.com
The Data Protection Officer has trained the officers on the use and processing of the data.
The personal data that are processed are indicated in point 1 of the document.
6. Data protection measures
The data are collected according to the indications of the relevant regulations with particular regard to the security measures envisaged by the GDPR (Art. 32) for their processing using IT, manual and automated tools and with logics strictly related to the purposes indicated in this privacy policy and in any case so as to guarantee the security and confidentiality of the data.
Luna Rossa Challenge has implemented suitable measures to protect the personal data of users from accidental loss and from accesses, use, modification and unauthorised disclosure.
In the unlikely event that Luna Rossa Challenge believes that the security of the data subject's personal data in its possession or under its control has been or may have been compromised, the same will inform the data subject of the occurrence by the methods provided by the existing law, using the prescribed methods (by providing to Luna Rossa Challenge your email address, you consent to receiving those communications in electronic format at that email address).
7. Rights of the data subjects Art. 15 EU 2016/79
The data subject may contact the Processor and exercise the rights indicated in Art. 15 of the GDPR, obtaining from the Controller confirmation of whether or not his/her data are being processed. In that case, the data subject may access the personal data and information.
Below are the rights on which a direct interest may be exercised.
8. Right of rectification and erasure
According to Articles 16-17 EU 2016/79, the data subject has the right to obtain from the Controller the rectification and erasure of inaccurate personal data concerning him/her without undue delay. Considering the processing purposes, he/she have the right to have incomplete data completed through a supplementary statement or the erasure of personal data by contacting us at the address indicated above.
9. Right of restriction of processing
The data subject has the right to obtain from the Controller the restriction of the use of his/her data if they are inaccurate, if the processing is unlawful, or if the data are required for the establishment, exercise or defence of legal claims.
The data may also be stored, subject to the consent of the data subject, if that processing is necessary for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest.
10. Storage of your personal data
The storage times of your personal data will be determined based upon the following criteria:
- the personal data will be stored for an adequate period of time not exceeding that necessary for the purposes for which they were collected and processed, as defined in points 1 and 2 of this privacy policy
- In any case, Luna Rossa will store the personal data for a period not exceeding one (1) year after the conclusion of the XXXVII America’s Cup.
- Upon the expiry of the time necessary for the processing purposes, the personal data will be made anonymous or erased without delay
If the data subject requests the performance of continuous activities, the personal data will be stored for the entire time necessary to pursue the purposes described in this Privacy Policy (for example, if the data subject requests the transmission of periodic information for the duration of that request).
The personal data provided will be stored for the entire time necessary also for other essential purposes such as respect of applicable regulations, the resolution of disputes and the application of contractual terms.
When they are no longer necessary for those purposes, the personal data will be erased.
The data subject may lodge a complaint with the Privacy Supervisory Authority if he/she believes that his/her rights under the GDPR and the applicable regulations have been violated, in accordance with the methods indicated on the Supervisory Authority website which can be accessed at: www.garanteprivacy.it
11. Changes to the Privacy Policy
Luna Rossa Challenge, at its discretion, reserves the right to vary, modify, add or remove parts of this Privacy Policy at any time, publishing a new updated version and indicating the date of its last modification. The data subject is responsible for reviewing the Privacy Policy from time to time to identify any changes made. In any case, Luna Rossa Challenge may provide further communications relating to significant changes to this Privacy Policy by publishing a notice on the Website homepage or by sending a notification email or by inserting a notice on the website pages.
This privacy policy was published on 13 June 2024.