The following information is provided, pursuant to Article 13 of EU Regulation 2016/679 ("Regulation"), by DM SOLUZIONI ICT s.r.l. ("DM-ICT"), regarding the personal data of users collected when they access and/or register on the website www.anbernic.games ("Site") and/or make a purchase on the Site and/or request assistance and customer care services on the Site (collectively, the "Site Services").
DM SOLUZIONI ICT s.r.l. with registered office at Via Lamarmora 5, 65123 Pescara, Italy, VAT number/Tax ID number IT02075470688, registered in the Pescara Companies Register under number 151633 ("DM-ICT"), email address info@anbernic.games, is the data controller of the personal data of users collected when they use the Site's Services, and in particular, when they access and/or register on the Site, make a purchase on the Site, and/or request assistance and customer care services.
Users may contact DM-ICT for all matters relating to the processing of their personal data and the exercise of their rights under the Regulation. DM-ICT's contact details are as follows:
- Email address: info@anbernic.games
- Postal address: Via Lamarmora 5, 65123 Pescara (PE), Italy.
Data processing for the purposes of site registration, fulfillment of the purchase contract, and/or execution of pre-contractual measures at the data subject's request.
DM-ICT will process the user's personal data to:
- allow registration on the Site and the ability to purchase online through the Site;
- allow the conclusion of the purchase contract through the Site and the proper performance of the obligations arising from that contract, such as, for example, delivery and payment, including online, of the products and/or services purchased;
- fulfill requests sent by the user.
The legal basis for this processing is the fulfillment of the contract or, as the case may be, the execution of pre-contractual measures taken at the data subject's request (Article 6.1.b) of the Regulation).
For this purpose, DM-ICT will process your data for the time strictly necessary to carry out the individual processing activities. After this period, DM-ICT may retain the data for the purposes and maximum retention periods indicated in the privacy policy and/or, in any case, in the cases established by the Regulation and/or by law.
Data processing for general marketing purposes
With your express consent, DM-ICT will process your personal data to send you informational and promotional communications, including newsletters, discount coupons, and special offers, relating to its own and/or third-party products and/or services, as well as for direct sales purposes and to conduct market research, via email and post.
The legal basis for this processing is your express consent (Article 6.1.a) of the Regulation). The user may withdraw their consent and/or object to the processing of their data for marketing purposes at any time:
- by contacting DM-ICT at the following address: info@anbernic.games;
- via the appropriate link included in all promotional communications sent by DM-ICT.
Providing data for general marketing purposes is optional: there is no legal or contractual obligation for the user to provide such data for this purpose and/or to consent to the processing of their personal data for this purpose.
For general marketing purposes, DM-ICT will process the user's data until the consent is withdrawn and/or the right to object is exercised and, in any case, no later than four years after the data was collected. DM-ICT reserves the right, before the expiration of this period, to ask the user to renew their consent and/or update their data.
Email address processing for soft spam purposes
DM-ICT will process the email address provided by the user when purchasing a product and/or service offered and sold on the Site directly by DM-ICT, to allow DM-ICT to directly sell similar products or services (and therefore to send the user promotional communications regarding such products and/or services by email) without the data subject's express prior consent, as required by Article 130, paragraph 4, of the Italian Privacy Code, and provided that the user does not exercise the right to object in the manner indicated below (so-called soft spam).
The legal basis for this processing is Article 130, paragraph 4, of the Italian Privacy Code, which expressly permits this processing. The user may object to receiving soft spam communications:
- by contacting DM-ICT at the following addresses: info@anbernic.games;
- via the appropriate link included in every promotional communication sent by DM-ICT.
For soft-spam purposes, DM-ICT will process the user's data until the user exercises the right to object and, in any case, no later than 4 years after collection, except for purchase details, which will be retained and processed for soft-spam purposes for a period of 24 months from collection.
Data processing for customer support purposes
DM-ICT will process user data for general customer support and customer care purposes, including to respond to user requests for information or to respond to complaints, reports, and disputes, as well as to allow the user, if desired, to leave a review.
The legal basis for this processing is the implementation of pre-contractual measures adopted at the request of the data subject (Article 6.1.b, final paragraph, of the Regulation) or, as the case may be, the legitimate interest of DM-ICT (Article 6.1.f) of the Regulation).
It is in DM-ICT's legitimate interest to respond to requests for information and/or reviews and/or reports and/or complaints from Site users (to which, moreover, DM-ICT is required to respond, including pursuant to the Consumer Code). This legitimate interest of DM-ICT also coincides with the legitimate interest of the Site users who make the requests and/or reports and/or complaints in question and who, therefore, within the context of their relationship with DM-ICT, can be deemed to reasonably expect their personal data to be used by DM-ICT to provide feedback.
DM-ICT's legitimate interest thus identified can therefore be considered to prevail over the fundamental rights and freedoms of the data subject, also based on such reasonable expectations and the relationship between the data subject and DM-ICT, as well as considering the nature of the data processed and the corresponding interests of the data subjects themselves. In any case, the user has the right to object, at any time, for reasons related to their personal situation, to the processing of their personal data for the purposes in question (i.e., customer support and customer care). To exercise this right, the user may contact DM-ICT at the following address: info@anbernic.games.
Data processing for administrative, accounting, and tax purposes
DM-ICT will process user data for the purposes of fulfilling administrative and/or accounting and/or tax obligations related to the provision of the Site Services and/or the purchase contract concluded through the Site, such as, for example, maintaining accounting records and issuing sales invoices.
The legal basis for this processing is the fulfillment of legal obligations to which DM-ICT is subject.
Providing data for the purpose in question is mandatory because its processing is necessary for DM-ICT to fulfill its legal obligations. Any refusal to provide data for this purpose will make it impossible for the user to use the Site's Services and, in particular, to complete the purchase contract through the Site.
For this purpose, DM-ICT will process the user's data until the expiration of the legal deadlines required for fulfilling each administrative, accounting, and tax requirement and/or the retention periods required by law for the retention of related documentation.
Data processing to allow users to exercise their rights
DM-ICT will process user data in order to:
- respond to requests to exercise the right of withdrawal and/or requests to exercise
- the legal guarantee of conformity and/or other rights arising from the purchase contract concluded on the Site and/or provided by law in relation to such contract and/or, with regard to DM-ICT, in relation to the provision of the Site Services;
- carry out any activities deemed necessary as a consequence of the exercise of such rights and to proceed, if applicable, with related refunds;
- receive and respond to requests to exercise the personal data protection rights provided for by the Regulation and carry out all related activities.
The legal basis for this processing is the fulfillment of legal obligations to which DM-ICT is subject (Article 6.1.c) of the Regulation.
Data processing for the establishment, exercise, or defense of legal claims
DM-ICT will process user data for the establishment, exercise, or defense of legal claims in all competent jurisdictions.
The legal basis for this processing is legitimate interest (Article 6.1.f) of the Regulation.
It is the data controller's legitimate interest to pursue legal remedies to ensure compliance with its contractual rights or to demonstrate that it has fulfilled its obligations under the contract with the data subject or imposed on the data controller by law. This legitimate interest is, in turn, based on the constitutionally protected right to defense. It can therefore be considered to prevail over the data subject's fundamental rights and freedoms, also based on the data subject's reasonable expectations.
In any case, the user has the right to object, at any time, on grounds relating to his or her personal situation, to the processing of personal data concerning him or her for the purpose in question (i.e., defense of legal claims/legal purposes). To exercise this right, the user may contact DM-ICT at the following address: info@anbernic.games.
Processing of health data
Registration on the Site does not require the provision of health data. Nor is health data required to conclude a purchase agreement through the Site.
However, in the event of the purchase of specific products ("Sensitive Products"), DM-ICT may process data that, pursuant to Article 4.15 of the Regulation, may be considered "health data," as it may be possible to infer, even indirectly, the health status of a natural person or to infer information relating to their health. Such data will be processed solely for the purpose of executing the purchase agreement and only with the explicit and specific consent of the data subject, which will be requested before placing an order for Sensitive Products.
The legal basis for this processing is the data subject's explicit consent (Article 9.2.a) of the Regulation). Furthermore, DM-ICT will process health data if the user intends to avail of the reduced VAT rate for the purchase of a product eligible for this regime, as provided for by Law No. 30 of 28 February 1997. In this case, the user will be asked to provide documentation proving the existence of a disability and, therefore, the provision of health data, as defined in Article 4.15 of the Regulation.
This data will be processed only to allow DM-ICT to comply with the provisions of Law No. 30 of 28 February 1997. 30 relating to the application of the reduced VAT rate and only with the explicit and specific consent of the data subject, which will be requested when submitting documentation relating to the existence of the disability.
The legal basis for this processing is the explicit consent of the data subject (Article 9.2.a) of the Regulation).
The provision of health data is optional: there is no legal or contractual obligation requiring the user to provide such data. Consent to the processing of such data is also optional. However, given the purpose of the processing (i.e., to allow the conclusion and execution of the purchase contract or compliance with the provisions of Law No. 30 of 28 February 1997 regarding the reduced VAT rate), if the user fails to provide such data and/or fails to consent to the processing of health-related data, the user will not be able to conclude the purchase contract for the Sensitive Product nor will they be able to request the application of the reduced VAT rate.
Categories of entities to whom the user's personal data is disclosed (recipients)
The personal data provided by the user may be disclosed by DM-ICT to the categories of recipients indicated below.
The entities to whom DM-ICT discloses the data act as external data processors designated by DM-ICT through a specific contract ("Data Processors") or as persons authorized to process personal data under the direct authority of DM-ICT ("Data Processors"), or, in the case of third parties engaged by the Data Processor, as "Sub-Processors" pursuant to Article 28(4) of the Regulation, except in cases where the recipients act as independent data controllers, such as, for example, Payment Service Providers, or as independent data controllers, such as couriers.
Right to object
The data subject has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her for the purposes indicated in this privacy policy and based on the legitimate interests of the data controller.
If the data is processed for direct marketing purposes, the data subject also has the right to object at any time to the processing of personal data concerning him or her for such purposes, including profiling to the extent that it is related to such direct marketing.
The data subject may exercise the right to object to the data controller by contacting DM-ICT at the following address: info@anbernic.games.
The data subject may also object to the further processing of his or her data for direct marketing purposes by using the appropriate link included in every promotional communication sent by DM-ICT.
Right of withdrawal
The data subject has the right to obtain from the data controller (and, therefore, from DM-ICT) confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the information indicated below. The data subject may exercise the right of access by contacting DM-ICT at the following address: info@anbernic.games.
Right to rectification
The data subject has the right to obtain from the data controller without undue delay the rectification of personal data concerning him or her. Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
The data subject may exercise the right to rectification by contacting DM-ICT at the following address: info@anbernic.games.
Right to erasure
The data subject has the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller has the obligation to erase personal data without undue delay.
The data subject may exercise the right to erasure by contacting DM-ICT at the following address: info@anbernic.games.
Right to restriction of processing
The data subject has the right to obtain from the controller restriction of processing where one of the following applies:
- the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- although the controller no longer needs the personal data for the purposes of the processing, the data subject requires the personal data for the establishment, exercise, or defense of legal claims;
- the data subject has objected to processing based on the controller's legitimate interests, for reasons relating to his or her particular situation, pending the verification whether the controller's legitimate grounds override those of the data subject.
The data subject may exercise the right to restriction of processing by contacting DM-ICT at the following address: info@anbernic.games.
Right to data portability
The data subject has the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used, and machine-readable format and has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
- the processing is based on the data subject's consent or on a contract;
- the processing is carried out by automated means.
The data subject may exercise the right to data portability by contacting DM-ICT at the following address: info@anbernic.games.
Response Times and Procedures for Exercising Data Subject Rights
The data controller shall provide the data subject with information on the actions taken in response to a request to exercise the rights recognized by Articles 15 to 22 of the Regulation ("Rights of the Data Subject," i.e., the right of access, the right to rectification, the right to erasure, the right to restriction of processing, the right to data portability, and the right to object) without undue delay and, in any event, within one month of receiving the request.
This period may be extended by two months if necessary, taking into account the complexity and number of requests. The data controller shall inform the data subject of any such extension, and of the reasons for the delay, within one month of receiving the request. If the data subject submits the request by electronic means, the information shall be provided, where possible, by electronic means, unless otherwise requested by the data subject.
Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, any data subject who considers that the processing of personal data relating to him or her infringes the Regulation has the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work, or place where the alleged infringement occurred. The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and outcome of the complaint, including the possibility of a judicial remedy.