PRIVACY INFORMATION NOTICE ON THE PROCESSING OF PERSONAL DATA
MEMORI S.R.L. in its capacity of data controller (hereinafter, “Memori”), wishes to inform its users about the processing of their personal data, in accordance with Legislative Decree No. 196/2003, as subsequently amended and supplemented, and with the Regulation No. 2016/679 (hereinafter the "GDPR").
Memori S.r.l., with legal office in Via Gramsci, 1, 40051 Altedo (BO), VAT No. 03623961202 that can be contacted at the following email address firstname.lastname@example.org is the data controller in relation to the processing of personal data described in this Privacy Notice.
TO WHOM DOES THE PRIVACY NOTICE APPLY?
This Privacy Notice applies to the processing of the personal data of users who register on the Memori platform in order to create conversational artificial intelligence systems (hereinafter “digital twin” or briefly “twin”) that meet their needs (hereinafter the "Data Subjects").
CATEGORIES OF PERSONAL DATA PROCESSED
The data controller collects the following types of personal data relating to Data Subjects:
a) Browsing data
The computer systems and software used to operate Memori platform acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols. This information is not collected to be associated with Data Subject, but by their very nature could, through processing and association with data held by third parties, allow users to be identified. This category of data includes IP addresses or domain names of computers used by users who connect to the Memori platform, URI (Uniform Resource Identifier) notation addresses of the resources requested, the time of the request, the identifier of the browser used by the user (known as the "user agent"), the method used to submit 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 (successful, error, etc.) and other parameters relating to the User's operating system and computer environment.
This data is mainly used to obtain anonymous statistical information on the use of the Site and to check that it is working properly. Some of this data is also collected in order to improve the service (see point B below).
b) Data provided by the user
Users may register on the Memori platform to benefit from its services. This involves the acquisition by Memori of the following categories of personal data relating to Data Subjects:
- Identifying and contact data such as first name, last name, email address and birth date provided at registration;
- Credentials to access user's account;
- Information collected during conversations and associated with them:
- Username, e-mail address and date of birth of the user;
- Messages exchanged between user and twin;
- With the user's explicit consent to profiling and use commercial: facts and opinions of the user deducible from conversation.
PURPOSE OF THE PROCESSING
The data controller processes the data of the Data Subjects for the following purposes:
- provide its services to Data Subjects, selecting the contents appropriate based on the declared age;
- with the explicit consent of the user, record and analyze conversations with the twins for commercial purposes;
- follow up on any requests for assistance with the operation of Memori services;
- send the newsletter only on condition that the Data Subject, when registering on the Memori platform, have signed up to receive the relative service (hereinafter jointly referred to as the "Contractual Purposes");
- to fulfil the obligations deriving from applicable legislation, including tax legislation (hereinafter "Law Purposes");
- for research and development activities aimed at the analysis and improvement of the services and/or products offered, also proceeding to the anonymization and/or aggregation of personal data;
- to assert and defend its rights, also in the context of debt collection procedures, against the Data Subject or third parties in a possible dispute;
- carry out activities functional to the sale of companies and company branches, acquisitions, mergers, demergers or other transformations and for the execution of such operations (hereinafter jointly referred to as the "Legitimate Interest Purposes").
LEGAL BASIS OF THE PROCESSING
The processing of data is necessary with reference to the Contractual Purposes and the Law Purposes in order to provide the Data Subject with the requested services as well as in order to comply with the provisions of the applicable legislation. Failure to provide data for these purposes will make it impossible for the owner to enter into the contract for the provision of services.
The processing of data for the Legitimate Interest Purposes is carried out pursuant to Article 6, letter f) of the GDPR for the pursuit of the legitimate interest of the data controller, which is fairly balanced with the legitimate interest of the Data Subjects, as the personal data processing activity is limited to what is strictly necessary for the performance of the economic operations and other activities indicated in letters d) to f) above. The processing for Legitimate Interest Purposes is not compulsory and the Data Subject may object to such processing in the manner set out in this notice, but should the Data Subject object to such processing, his or her data may not be used for the Legitimate Interest Purposes, except where the Data Controller demonstrates the presence of compelling legitimate reasons prevailing or for the exercise or defense of a right pursuant to Article 21 of the GDPR.
RETENTION OF PERSONAL DATA
Personal data will be stored only for the time necessary to achieve the purposes for which they are collected as set out above and, more specifically:
- for Contractual Purposes and Legitimate Interest Purposes, for the time necessary for the management of the Data Subject's request and for the following 10 years, except in cases where storage for a later period is required for any litigation, requests of competent authorities or pursuant to applicable legislation;
- for the Law Purposes for the duration prescribed for each type of personal data by the relevant laws.
METHODS OF PROCESSING
The processing of your personal data will be carried out by means of suitable paper, electronic and/or telematic instruments, with logic strictly related to the above purposes and, in any case, in such a way as to guarantee the security and confidentiality of the data.
DATA SUBJECT RIGHTS
Pursuant to European Regulation 679/2016 (GDPR) and national legislation, the Data Subject may, in the manner and within the limits provided for by current legislation, exercise the following rights:
- receiving confirmation if there is any personal data processing taking place;
- obtaining access to such personal data and know the related origin;
- knowing the purposes of the processing and its methods, as well as the logic applied to the processing carried out by electronic means;
- obtaining the personal data portability;
- obtaining the update of the personal data, and the rectification of incorrect personal data without unjustified delay. Considering the purposes of the processing, data subjects have the right to obtain the integration of incomplete personal data, even by supplying a supplementary declaration;
- revoke your consent, if previously given;
- request from the data controller the restriction of the processing of data concerning him/her in the event that (i) the data subject contests the accuracy of the data, for the period necessary for the data controller to verify the accuracy of such data, (ii) the processing is unlawful and the data subject objects to the deletion of the data and requests instead that their use be restricted, (iii) although the data controller no longer needs them for processing purposes the data are necessary to the data subject for the establishment, exercise or defense of legal or extrajudicial claims, (iv) the data subject has objected to the processing pursuant to Article 21(1) of the GDPR pending verification as to whether any legitimate grounds of the controller prevail over those of the data subject;
- object at any time to the processing of your data for purposes of legitimate interest;
- addressing to the Garante per la Protezione dei Dati Personali to lodge a complaint Data at the contacts available on the website www.garanteprivacy.it, shall you consider your Personal Data to have been processed unlawfully.
To exercise these rights, please contact the Memori at the email address email@example.com.
COMMUNICATION OF PERSONAL DATA
For the purposes of this Privacy Notice, the data controller may communicate the data of the Data Subjects to the following categories of subjects:
- employees of the data controller or of the subjects indicated below, as data processors, within their respective duties and within the limits established by law;
- suppliers of instrumental or support services to those carried out by the data controller and therefore, by way of example but not limited to, legal, administrative and tax consultants, auditing companies, suppliers of technological services, as autonomous data controllers or managers of the processing;
- sub-suppliers and/or sub-contractors engaged in activities connected to the execution of the contract between the data controller and the Data Subject or the company/entity to which the latter belongs, in their capacity as external data processors;
- public bodies and/or judicial authorities and/or supervisory authorities whose right to access the data of the interested party is provided for by the applicable legislation, in their capacity as independent data controllers;
- subjects who are transferees of a company or a company branch, companies resulting from possible mergers, demergers or other transformations of the data controller, as autonomous owners of the treatment.
PERSONAL DATA TRANSFER
Personal data may be transferred to service providers based both inside and outside the European Economic Area, always in compliance with the provisions of the GDPR.
CHANGES AND UPDATES
This information is valid from the date of its effectiveness. However, the data controller may make changes and/or additions to this Privacy Notice, also as a consequence of any subsequent regulatory changes and/or additions. The changes will be notified in advance and the Data Subjects may view the constantly updated text of the Privacy Notice on the website https://memori.ai/en/privacy-policy.