Kinetic Center Lugano

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Privacy Notice - Our Commitment to Data Protection

Information according to Article 13 of Regulation (EU) 2016/679 ("GDPR") and Article 19 of the Federal Data Protection Act ("LPD").

Kinetic Center Lugano aims to inform you about the purposes, methods, and scope of communication and dissemination of your personal data collected automatically or provided by you through browsing or using the website www.kinetic-center.ch (hereinafter referred to as the "Website").

1. TITOLARE DEL TRATTAMENTO

The Data Controller, as defined by the GDPR and LPD, is Kinetic Center Sagl Lugano, represented by its legal representative, residing at the registered office located at Via F. Pelli 13, 6900 Lugano (hereinafter referred to as the "Data Controller").

2. DEFINITION AND TYPES OF PROCESSED PERSONAL DATA

To enable you to use the Website and its services, the Data Controller needs to collect and process some of your personal data.

By personal data, we mean information about an identified or identifiable individual, such as, for example, the name, contact details, and IP addresses.

To respond to any information requests through the contact form, we will need to process the following personal data: first name, last name, phone number, email address.

For the simple navigation of the Website, below are specified the types of data processed and the respective specific information regarding "cookies."

Navigation Data

The computer systems and software procedures used to operate the Website acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols.

These are pieces of information that are not collected to be associated with identified individuals but which, by their very nature, could, through processing and association with data held by third parties, allow users to be identified.

In this category of data, there are IP addresses or domain names of the computers used by users who connect to the Website, the URI (Uniform Resource Identifier) addresses of the requested resources, the time of the request, the method used in submitting the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (success, error, etc.), and other parameters related to the user's operating system and computer environment.

The Data Controller uses these data solely for the purpose of obtaining anonymous statistical information about the use of the Website and for checking its correct functioning. The data could also be used to ascertain responsibility in case of hypothetical computer crimes against the Data Controller. Except for this possibility, contact data for the Website is not retained for more than seven days.

Data Voluntarily Provided by the User

The optional, explicit, and voluntary sending of communications to the addresses indicated on the Website involves the subsequent acquisition of the sender's address, necessary to respond to requests, as well as any other personal data, such as email addresses and the location where the decoder is located.

Cookie Policy

Below are specified the types of cookies used by this Website, in order to understand how personal data will be processed through this kind of technology.

Cookie tecnici

This Website uses the so-called "technical cookies," which are small text files containing a certain amount of information exchanged between the Website and your device (or rather your device's browser), enabling its proper functioning and enjoyment. The site uses technical cookies for purposes that allow its correct operation. However, no use is made of cookies for the transmission of personal information, nor are any persistent cookies of any kind used.

Analytical Cookies

This Website uses the so-called "analytical cookies" created and provided by third parties, such as Google Analytics. This is done for internal statistical analysis of access, to improve the Website, simplify its use, and monitor its correct functioning. Nevertheless, the Data Controller has adopted the most suitable tools to minimize the identifying power of this type of cookie. Google Analytics publishes its cookie policy here.

Profiling Cookies

This site does not use the so-called "profiling cookies," as the Data Controller does not intend to create user profiles in order to send advertising messages in line with the preferences expressed by the user during internet browsing.

Third-Party Cookies

Third parties may also install cookies on your device. We do not control the use of third-party cookies and, therefore, we are not responsible for their use. Third parties have their own privacy information and data collection methods. The information can be consulted at the following links:

Options Regarding the Use of Cookies by the Site Through Browser Settings

The provision of all cookies can be deactivated by adjusting your browser settings. It's important to note, however, that intervening in these settings could render the Website unusable if essential cookies for the delivery of our services are blocked. In any case, each browser has different settings for disabling cookies. Links to instructions for the most common browsers are provided here: Apple Safari, Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Opera.

3. PURPOSE OF PROCESSING AND LEGAL BASIS

The personal data obtained by the Data Controller are exclusively those provided during navigation and/or when submitting information requests. Therefore, personal data will be processed for the following purposes:
A) To enable the use of the Website;
B) To fulfill requests that may be received through the contact form, also allowing us to contact you at the email address you voluntarily provided;

Considering the choice to use the services provided by the Website, the legal basis for the processing of personal data can be:

- Explicit consent, by accepting the Cookie Policy and continuing navigation on the Website;

- The necessity to fulfill a legal obligation, if required, as well as to communicate your personal data if requested by competent authorities;

- Legitimate interest in processing personal data to provide the best service; to respond to any requests made; to prevent fraud; to maintain the Website, our services, and the IT system secure; to ensure that our processes, procedures, and systems are always kept efficient.

Personal data may be processed through both electronic tools and paper-based supports.

4. PERIOD OF RETENTION OF PERSONAL DATA

The Data Controller intends to retain personal data for a period not exceeding what is necessary for the achievement of the purposes for which they were collected and processed.

Contact data for the Website will not be retained for more than seven days, unless they are necessary for establishing responsibility in case of hypothetical computer crimes against the Data Controller. Data related to inquiries containing personal information will be deleted after 6 months from the time of receipt.

Regarding any additional personal data, as the exact retention period cannot be precisely determined, the Data Controller commits to adhere to the principles of adequacy, relevance, and minimization of data processing, as required by the GDPR and LPD. The necessity of their retention will be constantly assessed. Therefore, once the purposes for which they were collected and processed have been achieved, they will be removed from the systems or rendered completely anonymous.

5. CATEGORIES OF DATA RECIPIENTS

The processed data will not be disclosed to third parties. However, the following individuals or entities may become aware of the data, in relation to the processing purposes previously mentioned:

• Individuals who can access the data by virtue of legal provisions as provided by Swiss law;

• Our employees, provided they are explicitly authorized to process data, as individuals acting under the authority of the Data Controller or the Data Processor in accordance with the law;

• Entities that operate, either independently or as distinct Data Controllers, in Switzerland or within the European Union, or as Data Processors duly appointed by the Data Controller, for ancillary purposes related to the activities and services outlined in paragraph 3. These purposes may include companies providing advertising, marketing, and communication services, information technology and IT services, design and development of websites, companies offering services for data analysis and development, and conducting market research.

Any communication of personal data will be carried out in full compliance with the legal provisions stipulated by the GDPR and LPD, as well as the technical and organizational measures established by the Data Controller to ensure an adequate level of security.

6. TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES

The Data Controller may transfer data to other countries within the European Union, in compliance with Articles 16 and following of the LPD and Articles 8 and following of the OLPD. Any such transfer will always be subject to adequate safeguards. Specifically, the destination country will be part of the countries listed in Annex 1 of the OLPD, meaning countries that, according to the Federal Council, have legislation ensuring appropriate data protection.

8.2. In the absence of the aforementioned adequate safeguards, transfers are allowed only in accordance with the provisions of Article 17 of the LPD and Articles 8 and following of the OLPD. Specific information will be provided to the data subject regarding such transfers.

7. POSSIBLE AUTOMATED DECISION-MAKING PROCESSES

The Data Controller does not employ automated decision-making processes, including profiling. Consequently, the Data Controller believes there is no need to provide information about the logic used, as well as the significance and consequences for the data subject regarding this type of processing.

8. DATA SUBJECT'S RIGHTS

Regarding the processing of your personal data, in accordance with the LPD, the data subject has the right to:

• Withdraw consent for processing at any time. It should be highlighted, however, that withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal;

• Request access to personal data from the Data Controller, as provided by Article 25 of the LPD;

• Request that the Data Controller provides or transmits personal data to another data controller in a commonly used electronic format, if there is automated processing and the processing is carried out with the data subject's consent or is directly related to the conclusion or performance of a contract between the Data Controller and the data subject, as provided by Article 28 of the LPD.

• Obtain from the Data Controller the rectification and completion of inaccurately processed personal data, as provided by Article 32 of the LPD;

• Obtain from the Data Controller the erasure of personal data, as provided by Article 32 of the LPD;

• Prohibit specific processing of personal data in cases where any of the situations provided by Article 18 of the European Regulation apply;

• Additionally, the data subject can initiate actions concerning the protection of their rights by requesting the prohibition of specific processing of personal data, the prohibition of communication of personal data to third parties, as well as the erasure or destruction of data, as provided by Article 32, paragraph 2, of the LPD;

• Not to be subject to decisions based solely on automated processing, including profiling, which produce legal effects concerning them, unless they have given their prior explicit consent, as stipulated by Article 22 of the GDPR. By way of example and not exhaustive, this category includes any form of automated processing of personal data aimed at analyzing or predicting aspects related to consumption and purchasing choices, economic situation, interests, reliability, behavior;

• Lodge a complaint with a supervisory authority if they believe that the processing of their data violates the GDPR. The complaint can be filed in the member state where the data subject resides, works, or where the alleged violation occurred, as provided by Article 77 of the GDPR.

To exercise any of your rights, you can contact the Data Controller, addressed to the legal representative, by sending a communication to the registered office at Via F. Pelli 13, 6900 Lugano, or by sending an email to the address info@kinetic-center.ch, providing the following details:

- First name, last name, and postal address
- Details of the request
- Copy of a valid identity document.

9. CONSENT OF MINORS IN RELATION TO INFORMATION SOCIETY SERVICES

To be able to use the services provided through the Website, it is necessary to be over sixteen years of age. The consent for the processing of personal data of a minor under the age of sixteen is lawful only if exercised by the person exercising parental responsibility.

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