Privacy and Cookie policy

Welcome to the Fratelli Neri S.p.A., (“Fratelli Neri” or the “Society”), website, found at the URL, www.nerigroup.net.

“Fratelli Neri” recognizes the importance of protecting the personal data of its users and intends, therefore, to keep itself informed and equipped with the maximum possible control over the management of personal data collected through its site.

This information is provided in compliance with European Regulation no. 2016/679, concerning the protection of personal data and the free circulation of such data, (the “Regulation”), as well as the Legislative Decree, Number 196/03 and s.m.i. (“Code regarding the protection of personal data”). The Regulations and the Code regarding the protection of personal data are called, jointly, the “Privacy Policy.”

The Privacy legislation guarantees that the processing of personal data will be carried out in compliance with fundamental rights and freedoms, as well as the dignity of the person concerned, (you), with particular reference to the integrity and confidentiality of your personal data.

We invite you to carefully read this Privacy Policy that applies to each access to the Site, even independently of registration or use of the services offered by the Site.

This information regards you if you are already an existing customer of ours, as well as if you are a prospective client of ours, if you have the intention of utilizing our services which are illustrated on our site, or if you are simply visiting our site.

Our Duties and Your Privacy

INDEX

1. Who We Are
2. When and How We Gather Your Personal Data
3. The Various Typologies of Data that We Deal with, as well as for What Purposes and What Legal Basis Allows Us to Do So
4. What is Meant by “Legal Basis”
5. Mandatory or Optional Nature of Providing Data
6. How We Process Your Data
7. Categories of Personal Data Recipients
8. How Long We Will Keep Your Data
9. Information Relating to the Processing of Personal Data Carried Out During the Towing Services of Ships, Including for the Purpose of Safeguarding Human Life at Sea, and Assistance to Ships, Including Rescue and Recovery, Including for the Purposes of the Navigation Safety, (jointly, the “Towing Services”).
10. Your Rights
11. Cookie Policy
12. Who We Are

Fratelli Neri S.p.A., with a registered office in Livorno at the street address of: Via Pisa 10, is also registered in the “Registro delle Imprese della Maremma e del Tirreno”, with the Italian Fiscal Code Number: 11740260150. Its Value-Added Tax, (or VAT), number is: 01201490495, and its R.E.A. number is: 108917. The Fratelli Neri Company is the Data Controller of the personal data of its users who use the site—data such as browsing data, as well as personal data entered by the user to send their candidacies for job positions or for traineeships and—more generally, the data related to the use of the various services provided by Fratelli Neri.

Fratelli Neri also acts as the Externally Responsible Entity for the treatment duly appointed by Neri Depositi Costieri S.p.A., with its office registered in Livorno, at Via Leonardo da Vinci, Number 33, P. IVA 00445940497, Fiscal Code and Business Register of the Maremma and the Tyrrhenian, Number 02250760101- R.E.A. number 66658, in relation to the services rendered and the processing of personal data carried out on its behalf, as Data Controller, through the website.

The treatments carried out by the Company will be based on the principles of lawfulness, correctness, transparency, limitation of the purposes and of the conservation, minimization of data, accuracy, integrity and confidentiality. Specific security measures to protect the integrity and confidentiality of your personal data are adopted in accordance with the Privacy Law and industry practices.

2. When and How We Collect Your Personal Data

As soon as you interact with our Site, we begin collecting data. The collection of this data can take place either through your specific communication and with automatic mode when using the Website.

Here is how the collection takes place:

3. The Types of Data We Process, for What Purposes and the Legal Basis that Allows Us to Do So

Through the Website, different types of personal data are collected and processed for different purposes. We may process your data only for certain purposes and, in any case, always in the presence of a legal basis which allows us to do so. For example, in order to provide the services requested by you through the website—whether it be for the execution of your request or to find your candidacy for a job position within the Company, we need to know and process some of your personal data, such as your identification data and an e-mail address, as well as any additional data you may provide, such as information pertaining to your scholastic and work history background. For the simple navigation of the site, however, later in this Privacy Policy you will find the types of data processed and the specific information for the so-called “cookies.”

More precisely, we can deal with:

1. Navigation Data

This is the personal data, whose transmission is implicit in the use of internet communication protocols.

This information is not collected to be associated with identified data subjects, but—by its very nature, could—through data processing and association with data held by third parties, allow users to be identified. These are, for example, the IP addresses or domain names of the computers that are used to connect to the site, the addresses in the Uniform Resource Identifier, (URI), notation of the requested resources, the time of the request, 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, (success, error, etc.), and other parameters related to the operating system and the user’s computer environment.

Purpose: We use this data for the sole purpose of allowing the operation of the Site, obtaining anonymous statistical information on the use of the Site to check its correct functioning. The data could be used to ascertain responsibility, in the event of hypothetical computer crimes against the Site. Apart from a potential situation as this—at present, data on contacts to the Site are not kept for more than 7 days.

Legal Basis: The processing is based on the legitimate interest of the Company to guarantee the correct functioning and security of the Website, as well as for the user, so that he or she may be able to navigate the Site in a safe and correct way.

You can learn more by consulting our Cookie Policy described below.

1. Data that voluntarily provides us with a request through the Website

This is the personal data, (for example: your name, surname and your e-mail address), that you insert into the forms on the Site, such as the “Contact” form or those that provide us with any other method, for example, by sending us an e-mail to one of the addresses indicated on the Website.

Purpose: We process this data to find your requests and to offer you the assistance and information that you have requested from us.

Legal Basis: The processing is based on the legitimate interest of the Company to provide the services of the Site and respond to user requests.

1. Recruitment data that voluntarily allows us to propose your candidacy

It is the personal data that voluntarily allows us to propose your candidacy for a job position at our company, (such as—for example, your e-mail address, date of birth, social security number and other information related to your personal formation or training activity), contained within your curriculum vitae or by you yourself, included in the “Employees” page on the Site.

Purpose: We process this data to provide the Site’s services, to manage and find your application for the purpose of personal selection.

Legal Basis: The processing is based on the legitimate interest of Fratelli Neri to provide services on the Site and to provide feedback to any spontaneous applications or—in any case, to evaluate them for the selection of personnel, as well as for the user to benefit from the services present on the Website and receive feedback on an application.

1. Training data that voluntarily allow us a training on-line process

It is the personal data (name, surname, your e-mail address, date of birth, employer) that voluntarily provides us to access the online training process by Neri Depositi Costieri S.p.A. necessary for security purposes to any access by external parties. We inform you that, in order to access the training, it is not necessary to create any personal account. At the end of the training you will be provide a test, upon passing which a unique QR Code will be sent to your e-mail address, which will allow you to access the Neri Depositi Costieri for a period not exceeding three months.

Purpose: we process this data to provide an online training services for security purposes.

Legal Basis: The processing is based on the legitimate interest of Neri Depositi Costieri to guarantee security inside the depo, through the training of external subjects who need to access.

4. What Does “Legal Basis” Mean?
5. The Consent

It’s the authorization to process your personal data and this authorization is issued by you for a specific purpose and may be revoked by you at any time. If there is another legal basis that legitimizes the processing of your data, your consent is not necessary.

1. The Contract

The processing of your data is necessary for the conclusion and execution of a contract with the Data Controller.

1. The Fulfillment of a Legal Obligation

The processing of your data is necessary to fulfill an obligation to which the Data Controller is subject.

1. Public Interest

The processing of your data is necessary for the performance of a task of public interest to which the Data Controller is responsible.

1. The Safeguarding of the Vital Interests of the Interested Party

The processing of your data is necessary for the safeguard of your vital interests or those of a third party.

1. Legitimate Interest

The processing of your data is possible based on the legitimate interests of the Data Controller or those of third parties, provided that they do not prevail over your rights and your freedoms.

We specify that the various processing of your personal data indicated in this Privacy Policy are based only on some of the aforementioned legal bases, here referred to in full for illustrative purposes only. To find out the legal basis for any processing of your data by Fratelli Neri, you will always have to refer to what is indicated in the section of this Privacy Policy as it relates to that specific treatment.

5. Mandatory or Optional Nature of Providing Data

Except for navigation data, (the transfer and collection of which are regulated in more detail by the section relating to the “Cookie Policy” of this page), the transfer to Fratelli Neri of personal data collected through the Site to meet your needs requests – including the submission of your application – is free, optional and does not in any way prevent your free navigation of the Site. Failure to provide or their incomplete or untrue conferment does not therefore limit the use of the Website. However, it may make it impossible for Fratelli Neri to meet your requests or—in any case, make exact the services of the site that you have requested.

6. How We Process Your Data

The processing of your personal data is carried out mainly with the aid of electronic and computerized tools, exclusively for the purposes indicated above in the constant and unavoidable compliance with the technical and organizational measures suitable to ensure its protection, integrity and confidentiality, in compliance with the law in force and to the best sector practices.

However, with particular regard to the data processed through the Website, such measures, due to the nature of online transmission means, cannot limit or exclude absolutely any risk of unauthorized access or data loss. To this end, we advise you to periodically check that the computer is equipped with software devices suitable for the protection of data transmission in the network—both incoming and outgoing, (as updated antivirus systems), and that the Internet service provider has taken appropriate measures to maintain the security of data transmission over the network, (such as through the use of firewalls and anti-spam filters).

7. Recipient Categories of Your Personal Data

Fratelli Neri communicates the personal data of its Site users only within the limits permitted by law and in accordance with the purposes of processing indicated here. In particular, your personal data may be known by:

• Employees, collaborators and consultants of the Company, acting as subjects authorized for processing and instructed by the Owner;
• Companies that perform for Fratelli Neri, as duly appointed data processors, specific technical and organizational services related to the Site or other services instrumental to the Company’s activities, banking and insurance companies, debt collection companies, law firms, tax offices and notaries.
• Companies, always part of the Neri Group, with which Fratelli Neri has entered into service agreements for the shared use of the Website.

In addition, your personal data may be disclosed to parties who have the right to access it by virtue of the provision of law, regulation or internal and/or Community legislation, only within the limits set by these rules, as well as to police forces or judiciary authorities, in accordance with the law and upon formal request by such subjects, or if there are reasonable grounds to believe that the communication of such data is reasonably necessary to: (i) investigate, prevent or take initiatives related to suspects’ illegal activities or to assist the State Supervisory and Supervisory Authorities; (ii) defend against any complaint or accusation from third parties, or to protect the security of the Site and the Company; or (iii) exercise or protect the rights, property or safety of the Company, its affiliates, its customers, its employees or any other person.

Except in the case of your use of the VHF radio for Towing Services, as specified in paragraph 9, your data will in no way be disclosed to third parties, (other than those mentioned above). Your personal data will not be transferred outside the European Economic Area outside the Area solely by guaranteeing adequate levels of protection and protection of data, in compliance with current legislation.

For more information and for a complete list of our data processors, please contact Fratelli Neri at the following e-mail address: privacy@nerigroup.net.

8. For How Long We Will Keep Your Data

The personal data provided during the navigation and related to the navigation itself will be kept for a period not exceeding what is necessary to allow it. The data processed following the submission of your application, will be kept for the period of time strictly necessary to provide feedback to user and—in any case, for a period not exceeding what is necessary to evaluate the candidacy for the chosen position or for other positions related to it. During this period of time, the Company could contact the candidate again if a suitable position was opened to the candidate’s profile. Personal data for training purposes, needed to access in Neri Depositi Costieri, will be kept for the period required to allow access and, in any case, not exceeding 4 months.

Personal data processed in connection with Towing Services will be retained for the period of time indicated in Paragraph 9.

9. Information Relating to the Processing of Personal Data Carried Out During Ship Towing Services, Including for the Purpose of Safeguarding Human Life at Sea, and Assistance to Ships, Including Rescue and Recovery, As Well as for the Purpose of Navigation Safety, (jointly, the “Towing Services”).

This information is made in addition to this Privacy Policy, with reference to the processing of personal data of the data subjects acquired by Fratelli Neri, during the performance of the Towing Services, at the Port of Livorno, as well as other Ports, and prevails over what may be otherwise indicated in the other sections of the Privacy Policy relating to the Site.

This information refers exclusively to the case in which, with reference to Towing Services, Fratelli Neri acts as a Data Controller, with the exclusion of cases in which it acts as Data Processor on behalf of the Maritime and Port Authorities or other subjects, in which the last case will act according to the instructions issued by the Data Controller.

This information applies to the processing of personal data communicated to Fratelli Neri during the calls received, as well as through VHF Radio or by way of the emergency telephone numbers published on the Website, in order to request and allow the execution of the Towing Services and/or requests for emergencies.

On the occasion of the delivery of the Towing Services, Fratelli Neri may become aware of personal data, such as the identification data of the person making the call, the Captain of the Ship or the Pilot on Board, or—occasionally, other persons present on the boat, as well as the position of the ship, associated with shunting orders and other information necessary to carry out the Towing Services, (in case of emergency—for example—the number and state of health of the people on board).

1. Purpose of Treatment:The Towing Services have as their purpose, the support in the safe entry and exit of ships and/or boats, with reference to the Port of Livorno or to other Ports, as well as support to ships and/or boats in situations of difficulty or emergency. In particular, Towing Services can also cope with emergency situations reported by ships and /or boats in a state of difficulty/danger outside the Port of Livorno. The processing of personal data is, therefore, necessary to perform services of public interest to which the Data Controller is invested on the basis of the existing legal provisions, regulation and agreement with the Port Authority or with other Authorities.
2. Legal Basis:The legal basis of the processing is represented by the execution of a task in the public interest of which the Data Controller is invested, since these are services of public interest to which the Data Controller is invested, since these are services of general interest to guarantee in the Ports where they are set up, with regard to the safety of the navigation and of the landing, (Article 14, Paragraph 1, Legislative Number 84/1994 and s.m.i.).
3. Mandatory or Optional Nature of Contribution:The provision of personal data is necessary to conduct the Towing Services and any refusal to provide such data would make it impossible to render such Towing Services in an exact and safe manner, with the consequent impossibility of being able to conduct the Towing Services.
4. Recording of Conversations:It is specified that, within the context of the aforementioned purposes of public interest, the conversations carried out through the VHF radio, as well as the telephonic ones, may be recorded by the Data Controller, also in order to safely render the Towing Services, (this applies in particular in the event of emergency calls), as well as supporting—if necessary, the video footage of the docking procedures carried out by the Authorities. Only the employees of the Company, as duly authorized subjects and instructed by the Data Controller and bound by confidentiality, can access the conversations. The recordings will be recoverable and accessible only in cases and with the safeguards required by law. The replay of conversations can only be made in the following cases: (i) at the request of the Authorities, including the Port Authority or law enforcement agencies; (ii) against a contestation or written complaint by the subjects, in favor of which the Towing Services have been returned or third parties, received in a formal manner and in the times that allow their extraction. It is the Data Controller’s right to use the content of the recording, also by means of its transcription, as a means of judicial protection.
5. Methods of Processing and Storage:The processing will be done in an automated and/or manual manner, in full compliance with the Privacy Law, through the adoption of all technical and organizational security measures suitable to ensure the integrity and confidentiality of data. Please note that—in compliance with the principles of lawfulness, purpose limitation and data minimization, the retention period of personal data is established for a period of time not exceeding the achievement of the purposes for which they are collected and processed and in compliance timelines prescribed by the law. The records will be kept in Italian territory and are not subject to transfer outside of it.
6. Categories of recipients of personal data:Aside from the recordings, which can be communicated exclusively in the necessary cases and to the subjects indicated in the previous section d), as well as to these subjects, the personal data can be communicated to companies that perform for Fratelli Neri, as the duly responsible appointed, specific technical and organizational services related to Towing Services. We also wish to remind you that the VHF Radio used to request Towing Services is an open radio and that, therefore, the personal data communicated during the radio conversations may become “public listening,” available to third parties.
7. Your Rights

You can exercise your rights at any time by sending an e-mail to the following e-mail address: privacy@nerigroup.net. To allow you to exercise your rights in a secure manner and to manage your request quickly, we may have to request further information, also in order to ascertain that the request comes from the rightful owner to access the personal data in question.

You have the right to access information concerning you.

This entails the right to request further information regarding:

• The Categories of Data We Process;
• The Purposes of the Processing;
• The Categories of Possible Recipients to Whom the Data Could Be Communicated;
• The Retention Period of the Data or—Failing That, the Criteria for Determining this Period;
• The Other Rights Concerning the Use of Your Data.

We will provide you with information within 30 (thirty) days of your request, unless this affects the rights and freedoms of others, (for example—the privacy of another person or intellectual property rights), or if there are any obligations read that they prevent it. We will inform you if we cannot fulfill your request for these reasons.

You have the right to obtain correction of your data, if incorrect or out of date.

You have the right to obtain the cancellation of your personal data, (right to be forgotten).

At any time, you may ask us to delete your personal data in our possession if the storage of your personal data is no longer necessary for the purposes of the processing or in other cases provided for by the Rules, (Article 17). We will proceed with the cancellation, where there is no other legal basis that legitimizes the treatment, such as the fulfillment of a legal obligation.

You have the right to “recover” your data or transfer it to another operator, (data portability).

In the event that the processing of your data is based on your consent or on a contract, you have the right to receive your data in an interoperable format or to request that it be directly transferred to another operator. In the event of your request and if technically possible, we will transfer the data directly to the new operator. We will not proceed with any transfer, in the event that the portability of your data also involves the disclosure of the personal data of other individuals.

You have the right to object to the use of your data through automated decisions, including profiling, (this hypothesis, however, in our case, is not applicable, as the Company does not perform any profiling activity).

You have the right to object to the processing of your personal data.

Finally, you can contact the Supervisory Authority with any complaint you may have. In Italy, this authority is the Guarantor for the protection of personal data. Before doing so, please feel free to contact us, as well. We will be happy to resolve any problems related to the processing of your personal data.

11. Cookies Policy

Cookies are small text files that the sites visited by the user send to your terminal, (usually the browser), where they are stored before being re-transmitted by the same sites to the next visit by the same user. These cookies can be divided into c.d. “technical cookies,” strictly connected to the functionality of the site that sends them, which are used, for example, to perform computer authentication, monitoring sessions and storing specific information regarding users accessing the server, but also in c.d. “proliferation cookies,” used to create user profiles in order to send advertising messages in line with the preferences expressed by the user within the context of surfing the Internet.

In the course of browsing on a site, finally, the user can also receive cookies from different websites or web servers on his terminal, (so-called “third party” cookies). This happens because there may be elements on the visited site, such as—for example—images, maps, sounds, specific links to the web pages of other domains, which reside on servers other than the one on which the requested page is located. In other words, “third-party” cookies are those cookies that are set by a website other than the one you are currently visiting.

Below, therefore, you will see specified the types of cookies used by the site and—if necessary, the correct methods so that you can easily choose whether and how your personal data will be processed through this kind of technology.

We Use Technical Cookies

This site uses so-called “technical cookies,” which are small text files containing a certain amount of information exchanged between the Site and your terminal, (or rather—the browser of your terminal), which allow the correct operation and use of the same.

We Use Analytical Cookies

This site uses only the so-called “analytical cookies,” made and made available by Google Analytics. This is done by mere statistical analysis of access, to improve the Site and simplify its use, as well as to monitor its correct functioning. These cookies were set by us in an anonymous manner, so as to minimize the possibility of identifying you by way of Google or other third parties. The data generated by Google Analytics are stored by Google, as indicated in its own information on the use of cookies. As the independent data processing holder of the Google Analytics service, Google Inc. makes its privacy policy available. The user can selectively disable the Google Analytics action by installing the “opt-out” component provided by Google on his or her browser. To disable the action of Google Analytics, please refer to the following link: https://policies.google.com/technologies/partner-sites?hl=it.

Third-Party Cookies

In addition to analytical cookies created and made available by Google Analytics, (as mentioned above), this site also uses so-called “widgets,” or the graphical user interface components of a third-party program, for navigation and the best, most-effective information sharing. The site uses—exclusively, those of YouTube. If the user spontaneously decides to use them, the widget used will send one or more cookies on behalf of the chosen platform. The Data Controller has no control over the content or method of data processing that these widgets use.

We don’t use profiling Cookies.

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

The provision of all cookies, however, is can be de-activated by adjusting your browser settings. It should be noted, however, that changes made to these settings could make the site unusable, in case you block the essential cookies for the delivery of our Towing Services. However, each browser has different impositions for the deactivation of cookies. Below, you will find the links to the instructions for the most commonly used browsers: Apple Safari; Google Chrome; Microsoft Internet Explorer-Edge; Mozilla Firefox.

Thank you for reading this information, which we have tried to make as clear and transparent as possible.

For any queries, please contact us at the following email address: privacy@nerigroup.net.

This information may change in the future, also to incorporate any regulatory changes. We invite you, therefore, to check it periodically.

Last update performed on the 27th of January, 2021.