GDPR compliance
of Bancomail

In Bancomail, compliance with regulations is fundamental, which is why we have always been committed to know and respect the current and applicable regulations for the protection of the contacts in our Database.

Doing our work requires the maintenance of a risk-free Database. To do so, we have - since 2001 - scrupulously followed every indication of the law, even when the national legislation was conceived on the traditional world with little or no reference to the world of the Web and the community was only a sketch.

With the GDPR, the legislators have finally conceived modern legal texts aimed at the Digital world.

Nevertheless, due to the intrinsic nature of laws and regulations, many actors in the consulting field have been limited to fearing high and generalized risks without carefully analyzing the context in which the Direct Marketing world finds itself in the light of this new Regulation.

Together with our Legal department and in agreement with the most authoritative players in the Direct Marketing industry, we have conducted and we currently update a specialized and scrupulous analysis of the GDPR regulatory framework for our field.

The research reveals that GDPR not only does not limit the general operativity, but expands and contextualizes it with precision. Bancomail procedures and types of data processed are therefore compliant with the GDPR.

Below is an excerpt from our analysis.

The Bancomail Database

Today, the Bancomail Database contains more than 11,000,000 of company records, associations and freelancers. Inside the Database there are 2 cases/types of data:

The exact case:

Full Legal Person

It represents 75% of the total records in our Database: companies, associations and entities with various corporate group forms and generic contact data (eg: info @) or department (es .: marketing @, sales @, etc.).

These subjects are excluded from the protection of the Regulation on the basis of Recital 14 of the same that we fully report:

The protection afforded by this Regulation should apply to natural persons, whatever their nationality or place of residence, in relation to the processing of their personal data. This Regulation does not cover the processing of personal data which concerns legal persons and in particular undertakings established as legal persons, including the name and the form of the legal person and the contact details of the legal person.

However, for ethics and greater guarantee - although this exclusion from the treatment protection was already included in the previous legislations - we have always assured to these subjects the Universal Rights (information, verification, updating and removal). We will continue to do so also with the GDPR.

In the same virtuous and strategic view, we advise our customers to use the same type of approach, ensuring the recipients proper information and rights.

The mixed case:

Legal Person with natural person contact data

It is a much less frequent case in our Database, but existing. Contact data that incidentally identifies the "natural person" can appear according to two patterns:

a) [email protected]
b) [email protected]

While in the first case, the person is clearly identified by the company to which it is related; the second case collects mostly freelancer, professionals or self-employed people who use, albeit for business purposes, contact details that clearly identify the "natural person" even beyond his professional role.

In both cases the arguments are two and equally relevant:

A

If the email address (or the name and surname, the charge, etc.) have been conferred by the subject, indicating them as contact data for their business activity, this precise action brings them in the exclusion of Recital 14.
B

If instead (beyond the intentions of the transferor) you want to consider these data as referring to the "Natural Person", the right to treatment is assured by two other Law Statements: 47 and 70.

Particularly, the 47 states, as a conclusion:

The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest.

Thus, if the direct marketing aims to legitimate interest, the processing of this type of data is allowed. In this case, the interested party's assertion of the rights is no longer a choice but an obligation. This means to inform the recipient about the data treatment and its purposes by ensuring the exercise of the rights.

Transmitting the disclosure could be the occasion in which to present your activity and the object of the eventual promotion.

Other things we do to ensure compatibility with the GDPR:

DPO: despite the Regulation does not oblige us to do so, we employ a Data Protection Officer to oversee all data processing procedures and identify any critical issues.

LIA: it's an internal audit ("Legitimate Interest Assessment") that serves to put on paper and archive the evaluation made by the Databale and DPO team, regarding our and our customer's legitimate interest.

This document takes into account an objective "balance test", to verify that individual interests do not prevail over ours.

TRACKING: since the birth of Bancomail, we have created routines to track the data we provide. Every single record contains all the data on the retrieval (date, source, etc) and the references (name and time) of those to whom we have provided it.

This approach is very important for a full compatibility with the Regulation.

ISO 27001: even if not strictly related to the Regulation, our company is adopting the ISO 27001 Certification for the management of information security. In this respect, our systems have been at the forefront for years, applying advanced data protection technologies.

So?

The analysis shows that the GDPR provisions not only do not constitute a problem for our customers and marketers, but - in many points - clarify and expand the possibilities related to direct marketing by opening roads previously, due to regulatory deficiencies, stucked in the gray area.

Policy on the processing of Bancomail customers and users data

Holder of data processing

Bancomail S.p.A. (P.IVA: 02727350999 - REA: GE 506965), with Legal Head Office located in Piazza della Vittoria 15/23, Genova, IT and operational headquarters in Piazza della Vittoria 12/32

Telephone: +39 010-8446402

Email: [email protected]

Pec:[email protected]

Collected information

We collect information provided voluntarily from the moment you create your account, when you purchase products or services eg. company name, contact reference, address, email address and telephone number.

We also record information when you contact us by phone or chat, including requests for assistance or a quote and notes or details explaining what you have requested and how we have responded.

The failure of data provision will make it impossible for Bancomail to implement the contractual commitments or the user's request.

We also use cookies and similar technologies on our websites and mobile applications to collect information on interactions and usage. Consult the Cookie Policy for further details on the specific type of information we can collect and on your options regarding such data.

How do we use the collected information?

The data provided by the user are collected and processed for the following purposes

- For carrying out customer relationship activities based on the contractual agreements.
- For administrative purposes and for the fulfillment of legal obligations such as accounting or tax disclosures or to comply with requests from the judicial authority
- For statistical purposes, to improve our offer and service toward our customers and to identify and prevent fraud and abuse.
- In the presence of specific consent, for sending periodically by e-mail, newsletters and advertising material.
- In the case of sending a curriculum vitae, exclusively for selection purposes.
- Additionally, we use your information to create your account where we offer our services and give you visibility of the data we own, together with the methods of exercising your rights.

Which subjects are authorized to process your data? Are your data shared with third parties?

The processing of the collected data is carried out by Bancomail internal staff authorized to process it according to specific instructions given in compliance with current legislation.

Your data will never be transferred to third parties, nor entered in the Bancomail Database, unless they were spontaneously conferred on this website in the Be Part form (Support section) or acquired through other authorized sources, in any case prior communication.

However, it's possible that some of your data may be shared by us with trusted providers, needed to send on our behalf email communications and advertisements. We only share the minimum necessary information and it's not allowed to third parties to use your information for other purpose than those indicated in our Privacy Policy. In any case, the data will never be widespread.

How the data are stored and for how long?

The data are processed using computerized or automated tools, with logics strictly related to the aforesaid purposes for which the personal data were collected in order to guarantee their security, integrity, confidentiality and traceability.

The management and storage of personal data operate on servers located inside and outside the European Union owned and / or available to Bancomail and / or delegated third-party companies, duly appointed as data controllers. The transfer of data abroad to non-EU countries takes place in accordance with the GDPR provisions.

The data are stored for the necessary time to manage the purposes for which they are collected, in compliance with current regulations and legal obligations.

Exercise of rights on data processing

At any time (if there aren't law limitations) you can request the access to data, cancellation, modification or update of all the information collected by Bancomail, exercising the right to limit the processing and data portability, by sending an e-mail to [email protected] or [email protected].

Supply agreement

Between

The company Bancomail S.p.A. (hereinafter referred to as Bancomail), incorporated under the laws of Italy, headquartered in Genoa, via Casaregis 30 and legal head office in Genoa, Piazza della Vittoria 15/23, registered with the Company Register of Genoa under no. 506965, Tax code and VAT ID no. 02727350999
- on the one part

AND

The enterprise, company, legal person as indicated in the data entered in the order from (hereinafter referred to as Customer)
- on the other part

Article 1 - Preamble

For the purposes of this agreement, the Customer hereby declares to be aware that:

a) bancomail.it, bancomail.com websites and Bancomail brand are entirely property of Bancomail S.p.A.

b) for the purposes of this Agreement, any document, data, product, transaction -also via Internet - using Bancomail's name, trademark, logo or other similar material, are to be considered of exclusive relevance and liability of Bancomail S.p.A., for which they constitute a valid equivalence in all respects without limitations or exclusions, except in the event of unlawful use by unauthorized third parties.

Article 2 - Purpose

The main purpose of this agreement is the trading (both on and off line) of company directories (hereinafter referred to as "Data"). Secondarily, the agreement regards software products and/or consulting services connected or related to the main purpose (hereinafter referred to as "Products"). As for that which is not specifically provided for in the following clauses, the provisions set forth in the Code of Civil Procedure concerning sale and purchase agreements (Articles 1470 and following of the Code of Civil Procedure) shall apply.

Article 3 - The Customer qualification

The Customer hereby declares that he/she is entering into this sale and purchase agreement for purposes exclusively connected to his/her activity as en entrepreneur or professional.

Article 4 - Payment terms and conditions

The price for the purchase of Data shall be paid as follows:

a) in case of on-line sale, in a single solution when the contract is completed by bank transfer, credit card through BancaSella or PayPal secure circuits, credits previously purchased (see Article 5).

b) in case of off-line sale, otherwise, with an advanced bank transfer.

C) in case of different agreement, if validated by Bancomail Management by written notification, with deferred methods that may vary according to the order features.

Article 5 - Purchase and use of Registry Credits

The customer is given the opportunity to purchase, in the form of " Registry Credits" (hereinafter "Credits"), lots of Registry data at a pre-established price, in order to benefit from the economic advantage resulting from the size of the package and the related CPR (Cost per Record). Such Credits cannot be converted into economic compensation.

Credits are not due to expire and can be used to place online orders by subtracting the customer's desired amount from the resulting total volume.

Article 6 - Warranty

Bancomail guarantees:

a) the functionality of the email addresses related to the data under this contract. The warranty is valid for 60 (sixty) days of the receipt of the database and conditioned by the compliance of the terms on page: https://www.bancomail.com/en-ca/email-database/warranties-terms

b) the lawfulness of the collection and subsequent processing of data in full compliance with the General Data Protection Regulation (GDPR, EU Regulation 2016/679) and with current national laws

c) any liability or warranty other than those provided for above is excluded, without prejudice to the limits referred to in Art. 1229 of the Code of Civil Procedure.

Article 7 - Delivery times

Delivery time can change due to the checks that Bancomail carries on after the purchase. Those checks are performed to ensure the validity of the Data provided to the Customer. Bancomail shall not be held accountable for any delay directly or indirectly caused by such checks; nevertheless any such delay is a binding part of this agreement. By signing this agreement, the Customer hereby gives its consent.

Article 8 - After-sale service

Should the Customer need to ask for a copy of the goods purchased, said copy shall be provided by Bancomail free of charge, provided that it is possible to do so in compliance with the provisions, otherwise an additional cost shall be established at the time of the request. The customer has the duty to keep Data and Products safe along with a safety backup.

Article 9 - Use of data. Liability

The use of the Data and/or Products of this agreement is limited only to the activities permitted by the current legislation, in particular the General Data Protection Regulation (GDPR, EU Regulation 2016/679) and current national laws.

Should the Data be used for unlawful activities or in a way that is not compliant with the regulation, Bancomail reserves the right to take actions against the Customer and holds itself harmless from any liability towards third parties.

Article 10 - Payments delay

If, for any reason, the payment is not made within the established period (see Art. 4), Bancomail shall be entitled to late payment interests at the rate set in art. 5, D.lg. 9/10/2002, n. 231.

Article 11 - Obligation to hold harmless

The Customer undertakes to refund, indemnify and/or hold harmless Bancomail, as well as its employees, collaborators, and legal representatives in any capacity, in the event of claims and/or legal actions taken against Bancomail before any court due to an unlawful use of the Data or otherwise not complying with company's Policies*.

Article 12 - Processing of personal data - Law no. 196/03

To the extent necessary, since under the current legislation the definition of “personal data” relates exclusively to natural persons, the Customer agrees that Bancomail S.p.A. will provide for the data processing in accordance with current legislation and, as referred on the Privacy disclosure pursuant to Art 13 the of the Italian Privacy Code, with no need to acquire the Customers' express consent (in accordance with Art. 13 the Italian Privacy Code) because, inter alia, the treatment of such data is necessary to implement a contract, which Customer is a part of, exclusively to carry out the listed services, including fiscal and tax obligations and service communications. The data provision is mandatory to allow the fulfillment of the legal obligations. Bancomail authorizes the same treatment of its data by the Customer.

Article 13 - Claims

Withdrawal right of does not apply to B2B transactions for Professional Customers. In any case, given the characteristics of reproducibility and, in particular, the transfer of Data, the action of Database Downloading is tracked and confirms the Customer's willingness to purchase, preventing any "afterthoughts". For any defects, the following instructions and the Guarantees described in Article 5 (Guarantees) are guaranteed.

Upon receiving the Products and/or Data, the Customer shall immediately verify the conditions and conformity thereof. Any errors shall be reported to Bancomail within and not later than seven days of detecting them. The Customer shall agree any checks on complaints. To be more precise, Data must be provided in the same format used to deliver them and possibly reported on the same document the customer received from Bancomail.

Article 14 - Transferability

Bancomail can transfer to third parties all or part of the rights and obligations undertaken pursuant to this supply agreement. Bancomail reserves the right to verify the methods of transfer of the products and/or services to third parties and can stop it if necessary.

Article 15 - Applicable law. Competent court

This agreement is regulated by the laws of Italy. The Court of Genoa shall have exclusive jurisdiction over any disputes arising out of or in connection with the interpretation, implementation or resolution of this agreement.

Article 16 - Miscellaneous provisions

These provisions replace any previous agreement concerning the supply of data, products and services specified in the Purpose (see Art. 2 above) by Bancomail. Any change and/or integration to these provisions shall be registered in a written agreement signed by both parties.
* can be viewed at the web page: https://www.bancomail.com/en-ca/email-marketing/permission-marketing-rules

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GDPR compliance
of Bancomail