Pursuant to EU Regulation 2016/679
General Data Protection Regulation
With this information notice, the company Ormesani S.r.l. intends to provide users visiting the website www.nomenclature-encoder.online (hereinafter, the “Site”) with a summary description of the methods and purposes of the processing of personal data. The processing will take place in accordance with EU Regulation 2016/679, General Data Protection Regulation (hereinafter, the “Regulation”).
The Regulation provides that “Personal data” should be understood to mean any information concerning an identified or identifiable natural person (hereinafter, “Data Subject”).
“Processing” means any operation or set of operations, performed with or without the aid of automated processes and applied to personal data or sets of personal data, such as collecting, recording, organizing, structuring, storage, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of making available, comparison or interconnection, restriction, erasure, or destruction. Pursuant to Articles 12 ff. of the Regulations, we provide you with the following information on the processing of personal data.
1. DATA CONTROLLER
The Data Controller is Ormesani S.r.l., with registered office in Via G. Pascoli,42/N I.D and VAT 02061320277
(Hereinafter, also “Data Controller”).
2. PURPOSE AND LEGAL BASIS FOR PROCESSING
No registration is required to access the Site, except in those areas where the user can
freely and expressly provide certain data about themself.
Personal data is processed for the following purposes:
a) activities strictly related and instrumental to the navigation of the Site and the use of its services. With particular reference to the restricted areas of the Site, the Data Controller processes personal data (such as first name, last name and contact details) voluntarily provided by the user, by sending private messages and/or filling in the data collection forms available in the different sections of the Site, in order to manage: (i) requests for information and reports; (ii) newsletter subscriptions;
(b) fulfillment of obligations under laws, regulations, EU legislation or the Authority;
c) sending, by e-mail, to the e-mail address provided by the Data Subject when purchasing a product or service from the Controller, promotional messages about products and/or services similar to those already purchased, without prejudice to the right to object at any time to the receipt of such communications;
d) subject to specific consent, sending commercial and/or promotional communications about the services, events, products of the Owner. This processing includes marketing and advertising communication activities carried out by means of both automated (e.g., e-mail, SMS) and traditional (e.g., sending brochures by mail) contact methods, or the performance of market research and statistical surveys.
e) The provision of personal data is optional, however, in certain cases (e.g., newsletter subscription) failure to provide data may result in the inability to access specific services.
The processing of personal data for the purposes referred to in letters a), b), being necessary, respectively, for the execution of a request made by the Data Subject, for the execution of pre-contractual measures taken at the request of the same and for the fulfillment of contractual and legal obligations, may be carried out without the need for consent, in accordance with the provisions of Article 6, paragraph 1, letters b) and c) of the Regulations. In reference to the processing carried out for the purposes referred to letter c), it is understood to be permitted in accordance with the resolution of the Guarantor for the Protection of Personal Data of 4.7.2013 No. 330. The legal basis for the processing of personal data as per letter d) will be consent, which is always freely revocable (even with reference to only one of said processing purposes) by sending a communication to email@example.com
3. TREATMENT MODALITIES
The processing of personal data provided through the site is carried out with computer and telematic tools, with logics of organization and processing strictly related to the purposes themselves and, in any case, to guarantee their security, integrity and confidentiality. Specific security measures have been adopted to minimize the risks of data loss, illicit or incorrect use and unauthorized access.
4. COOKIES AND OTHER TRACKING SYSTEMS
5. DATA RETENTION PERIOD
Personal data will be kept for the time strictly necessary to achieve the purposes for which it was collected and processed. Regarding the purposes under (a), (b) of paragraph 2, personal data will be kept only for the purpose of the proper provision of services. Regarding the purposes under letter c), personal data will be processed until the Data Subject has exercised his or her right to object, while, regarding the purposes under letter d), personal data will be processed until consent is revoked and in any case for a maximum period of 24 months. This is without prejudice to the fact that, once the purposes of the processing have been exhausted, the event of the exercise of the right to object to the processing or to revoke the consent given, the Data Controller will still be obliged and/or entitled to retain the personal data for the periods prescribed by law and/or to assert or defend a right in court.
6. COMMUNICATION OF PERSONAL DATA
Personal data will not be subject to diffusion. However, within the scope of the purposes, personal data will be accessible (limited to their respective spheres of competence) to the data processors of the Data Controller, as well as to external companies, whose cooperation the Data Controller will deem to avail itself of (e.g., for the Site maintenance service), expressly appointed as Data Processors.
7. DATA PROCESSING LOCATION AND TRANSFER ABROAD
Processing related to the web services of this Site takes place at the Data Controller’s headquarters. Personal data will not be transferred to countries outside the European Union.
8. DATA SUBJECT’S RIGHTS
At any time, the Data Subject may exercise the rights set forth in Art. 15 to 22 of the Regulations, including, in summary, obtaining from the Data Controller confirmation as to whether or not personal data concerning him or her are being processed and, if so, obtaining access to the data and knowing their origin, the purposes and methods of processing, the recipients or categories of recipients to whom the personal data may be communicated, and the period of storage; exercising the right to obtain rectification, updating or integration of the data; the right to erasure or anonymization of data or restriction of processing of the client’s personal data; the right to be informed of any rectification or erasure or restriction of processing carried out in relation to their personal data; the right to object, at any time, to the processing of data; the right to receive in a structured, commonly used and machine-readable format personal data. The applicable legislation recognizes the Data Subject’s right to lodge a complaint with the Data Protection Authority or, in any case, with a competent supervisory authority, if the conditions are met. The Data Subject will remain free to revoke the consents given at any time without affecting the legality of the processing based on the consent before revocation. Regarding the exercise of the rights, the Data Subject may contact the following addresses:
– E-mail: firstname.lastname@example.org
– Address: Via G. Pascoli 42/N, 30020 Quarto d’Altino (VE)
9. CONSENT TO PROCESSING OF PERSONAL DATA
The undersigned, having read and understood this notice agrees to receive commercial and/or promotional communications about services, events, products of the Owner. This processing includes marketing and advertising communication activities carried out by means of both automated (e.g., e-mail, SMS) and traditional (e.g., sending brochures by mail) contact methods, or the performance of market research and statistical surveys.
GENERAL CONDITIONS OF ORMESANI PLATFORM SERVICE
Ormesani S.r.l., located in Via Pascoli 42, Quarto D’Altino (VE), Italy, C.F. and P.I. 02061320277 (hereinafter “Ormesani”) operates through an online platform that offers users the opportunity to purchase virtual credits to take advantage of a service for processing and assigning customs codes (ten-digit TARIC) related to products identified by the user (the “Service”).
On the website www.nomenclature-econder.online (hereinafter the “Site”) Ormesani offers, to users who proceed to register and create an account on the Site (hereinafter the “Registered Users”), the possibility to take advantage of the Service through the Site.
Article 1 – Terms of registration and account management
1.1 In order to access and use the Site for the purpose of using the Service, you must register by creating an account on the Site.
1.2 For registration and account creation, the user is required to communicate to Ormesani some of his personal data. Each user agrees to communicate only truthful data and to take care of their updates.
1.3 The security of the account is the sole responsibility of the Registered User. The Registered User is, in addition, responsible for all activity that takes place in their account. As such, the Registered User agrees to promptly notify Ormesani of any unauthorized access and use of their account.
1.4 Each Registered User may cancel their account at any time by contacting Ormesani at email@example.com. Ormesani reserves the right to deactivate accounts that remain inactive for a protracted period of time and in any case longer than 24 months, it being understood that account deactivation will not be possible where the Registered User still has unused Credits (as defined below).
Article 2 – Use of the Site by the Registered User
2.1 The use of the account for the purpose of using the Service made available through the Site shall be solely in accordance with these Terms and Conditions.
2.2 Ormesani does not guarantee continuous and uninterrupted access to the Site and account, which may be affected by factors beyond their control (force majeure and/or lawful and/or unlawful acts of third parties). Accordingly, to the extent permitted by applicable law, Ormesani disclaims any implied warranties, terms or conditions.
Article 3 – Pricing
3.1 The Registered User must purchase virtual credits (the “Credits”) through the Site, which will enable them to use the Service.
3.2 The price of the Credits indicated on the Site (hereinafter the “Price”) is expressed in Euros, excluding VAT.
3.3 Ormesani reserves the right to change the Prices at any time but undertakes to maintain the Prices indicated on the Site at the time of the purchase of the Credits by the Registered User.
3.4 All Prices indicated within the Site constitute an offer to the public pursuant to Article 1336 of the Civil Code.
Article 4 – Method of purchase of the Credits and payment of the Price
4.1 packages of Purchased Credits allow you to request and obtain customs HS codes, for each individual type of goods, as shown in the following table:
|Code||Number of Credits required to obtain the code|
|Import full code||12|
|Export full code||11|
|8 digit code||10|
|6 digit code||9|
|4 digit code||8|
4.2 In order to purchase one or more Credits, the Registered User shall first check the appropriate box on the Site indicating the package containing the number of Credits the client wishes to purchase and proceeding at the same time to pay the indicated Price using the payment methods that Ormesani will make available and accessible through the Site.
4.3 In order to make the purchase of one or more packages of Credits and the related payment, the Registered User will be required to communicate to Ormesani the personal data necessary for billing and Paypal account data. The Registered User agrees to communicate to Ormesani true data and to keep it updated and complete over time.
4.4 Ormesani will send an e-mail confirmation to the Registered User of the successful completion of the purchase of the selected Credits and the related completion of the required payment.
Article 5 – Use of the Service, generation of Customs Codes
5.1 The Registered User, once they have purchased one or more Credits, may use the Service to obtain the Customs Codes of the products identified by their through the Site.
5.2 For this purpose, by clicking in the appropriate section of the Site, the Registered User shall fill out a form in which they shall be required to indicate, accurately, correctly and truthfully and following the instructions indicated on the Site, the description of the product for which they intend to obtain the Customs Code (the “Product”), the materials from which the product is made of, the packaging and all the components, the function and intended use of the Product.
5.3 The Registered User shall also have the option of uploading to the Site, at the same time as filling out the form, one or more photographs, which must adhere to the format indicated on the Site, of the Product for which it intends to receive the assignment of the Customs Code.
5.4 Once the form and the pictures of the Product has been uploaded, the Registered User may proceed to submit the Customs Code request form by clicking in the designated section of the Site, or decide to save the form on their personal page on the Site and submit it at a later time. The Registered User shall proceed to send the completed form, also accepting these conditions and the information on the processing of personal data, after displaying, a printable, order summary page in which the Registered User’s and order data, the Price, the payment terms and conditions, and the terms of response to the request are listed.
5.5 Within 24 working hours (by “working hour” we mean those between 9.00 a.m. and 5.00 p.m. of each day of the week, excluding holidays and pre-holidays) from the submission of the completed form, Ormesani will assign the Customs Code related to the Product indicated by the Registered User in the form, publishing the Customs Code on the Registered User’s personal page and simultaneously sending a communication via e-mail to the Registered User at the address provided.
5.6 If the information indicated by the Registered User in the form is incomplete, incorrect or otherwise insufficient to be able to fully identify the Product, Ormesani, within the term indicated in Article 5.5 above, will contact the Registered User requesting the same to provide the additional information necessary to be able to proceed with the assignment of the Customs Code for the requested Product.
5.7 Within 24 working hours (“working hours” means those between 9.00 a.m. and 5.00 p.m. of each day of the week, excluding holidays and pre-holidays) from the submission of the completed form, Ormesani will assign the Customs Code related to the Product indicated by the Registered User in the form, publishing the Customs Code on the Registered User’s personal page and simultaneously sending a communication via e-mail to the Registered User at the address provided by the same.
5.8 It is understood that the Service may only be used in relation to Products that are classifiable within the TARIC.
5.9 The terms of performance of the services provided by the Site and/or indicated in the summary and/or confirmation documents are indicative and not binding. Ormesani therefore assumes no obligation in this regard and disclaims any liability in the event of delays.
Article 6 – Right of Withdrawal
6.1 The Registered User has the right to withdraw without penalty and without the need to specify the reason, within 14 (fourteen) working days from the date of purchase of the Credits.
6.2 The modalities of exercise of the right of withdrawal by the Registered User consist in sending a written notice to the office of Ormesani by registered letter with acknowledgement of receipt (PEC). The notice may possibly also be sent by certified e-mail to the PEC address indicated in art. 11 below.
6.3 Ormesani in the event of the exercise of the right of withdrawal, is obliged to refund the Price paid within the term of 14 (fourteen) days from the date on which Ormesani finds out the client’s decision to withdraw, in the same manner in which the payment of the Price by the Registered User took place.
6.4 The Registered User’s right of withdrawal is excluded in the event that the Registered User themselves have used one or more of the Credits in each package of Credits purchased in order to use the Service and receive the assignment of the Customs Code. The Registered User, therefore, acknowledges and accepts that in the event that the period for exercising the right of withdrawal under this Article 6 has not yet expired and the contract has been executed as a result of the use of one or more of the Credits in each package of Credits purchased by the Registered User to obtain the assignment of one or more Customs Codes, the right of withdrawal under this Article 6 shall be deemed excluded.
Article 7 – Ormesani’s Warranties and Liability
7.1 Ormesani assumes no liability for delay attributable to fortuitous events, where such events are also dependent on malfunctions or inefficiencies of the internet network, in the event that the order for the purchase of Credits or the assignment of the Customs Code cannot be executed within the time period provided by the General Conditions.
7.2 The assignment of the Customs Code in relation to the Product requested by the Registered User shall be understood to be non-binding for the Public Administration.
7.3 In classifying the Products for the purpose of assigning Customs Codes Ormesani shall proceed to the best of its knowledge, declining any responsibility in relation to any inaccuracies that may occur during the course of customs operations regarding the classification.
7.4 Without prejudice to what stated before, Ormesani is available to assist its customers in requesting binding tariff information (BTI – https://www.adm.gov.it/portale/en/dogane/operatore/classificazione-delle-merci/informazioni-tariffarie-vincolanti-itv)) from the Customs Authorities Competent by the Territory. If the Registered User is interested in taking advantage of this additional service, they should contact Ormesani at the following address: firstname.lastname@example.org in order to receive a specific quotation in this regard.
Article 8 – Intellectual Property
8.1 The design, configuration, logos, graphics, images and sounds, as well as the elements of the Site are, by law and commercial agreements, the property of Ormesani and it is not permitted to copy or imitate them, even partially.
8.2 Any unauthorized use is otherwise against the law and shall be prosecuted by Ormesani under civil and criminal law.
8.3 It is expressly remarked that all intellectual and industrial property rights pertaining to the Products and any photographs of the same that the Registered User may upload to the Site in execution of the procedure referred to in Article 5 above, shall remain the exclusive property of the Registered User and/or its assignors, Ormesani has no rights in this regard and any further use of the same is excluded by Ormesani.
Article 9 – Processing of personal data
9.1 The processing of personal data will be carried out by Ormesani in respect of EU Regulation 2016/679 on the protection of individuals with regard to the processing of personal data (GDPR).
9.3 At any time the Registered User may request the update or cancellation of their data by contacting: email@example.com.
Article 10 – Contacts
10.1 Communications and notifications provided by these General Conditions may be sent to Ormesani, as established in these General Conditions, at the following addresses:
– E-mail address: firstname.lastname@example.org
– Address: Via Pascoli 42, Quarto d’Altino (VE), to the attention of the NEO Office
– PEC: email@example.com
Article 11 – Applicable Law and Jurisdiction
11.1 These General Conditions are governed by Italian law.
11.2 Any controversy related to the interpretation, execution, inexactness, non-execution or invalidity of these General Conditions shall be subject to the exclusive jurisdiction of the Court located in the place of residence or domicile of the Registered User. By default, if the residence or domicile of the Registered User is based in Italy, the Court of Venice will be the one in charge.