Apura S.r.l. pursuant to Articles 4 and 28 of Legislative Decree 30 June 2003, n. 196 – Privacy Code ( the following, “Code”) and of articles 4, n. 7) and 24 of EU Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data (the following, “Regulation”) pursuant to art. 13 of the Code and of the Regulations informs you that for the establishment and execution of relations with you in progress, you have personal data (personal and fiscal), also acquired verbally directly or through third parties, related to you.
In order to comply with the obligations set out in the Code and the Community regulations regarding privacy in relation to your data, we invite you to take note of the following information and to consent to the processing of personal data that our company will acquire.
The General Data Protection Regulation (or, in short, GDPR) is a positive step towards people to have more control over how personal data are used. On 25 May 2018 this new legislation comes into force and we have modified a series of processes and policies to prepare our business. We are committed to protecting and respecting the personal information that is shared with us.
This statement describes what types of information we collect, how they are used, how we share with other organizations, how rights can be exercised regarding the information we hold and how we can contact our reality.
With regard to direct marketing communications, it will always be possible to inform us to stop these activities. We will never send “unwanted” emails or communications and will not share data with anyone else. We do not resell your information to third parties, but we work closely with selected partners who help us to provide information, products and services that are required.
The content of this policy may change from time to time, so you may need to check this page occasionally to ensure that information is shared. Where possible, we will look for a direct contact to inform about any new changes.
1. WHAT INFORMATIONS ARE COLLECTED?
We collect personal information through the site, applications or direct contact. We only collect information that is necessary, relevant and appropriate for the purpose for which it is provided. The information we collect may include some or all of the following:
• Identity data: includes name, surname, user name or similar identifier and title.
• Contact information: include billing address, delivery address, e-mail address and telephone numbers.
• Financial data: includes details of the bank account and payment card collected solely for the purpose of completing the purchase.
• Transaction data: include details about payments to and from the customer / supplier and other details about the products and services that are purchased or sold.
• Profile data: includes purchases or orders placed, any social profiles (if applicable), preferences, feedback, communications and responses to internal surveys and your password and username if applicable (customer portal).
• Usage data: include information on how the website is used, products and services.
• Marketing and communication data: include preferences in receiving marketing communications and from third parties and communication preferences.
• Technical data: include the Internet Protocol (IP) address, the access data, the type and version of the browser, the time zone setting and the browser plug-in location, types and versions, the system operational and platform and other technologies on devices used to access corporate websites.
2. HOW DO WE USE THE INFORMATION THAT IS COLLECTED?
Only the information necessary for the purpose for which it was collected is processed. You are given the option of not receiving marketing communications from us (and consent may be withdrawn at any time). No “unwanted” emails or communications are sent and data is not shared with anyone else, except to carry out the purchase or sale contract. Personal data are used exclusively for the purposes and legal bases indicated in the following table:
Purpose(s) for processing Legal bases for processing data
We may use and process personal information where this is necessary to execute a contract and to fulfill and complete orders, purchases and other transactions entered into with the writer and for contractual performance analysis.
• To register a new customer, create and manage their customer account and provide services to the user.
• Provide technical support of the product.
• Provide training courses for the user and certifications to customers.
• Manage the relationship, including order processing and delivery of the
requested product or service or vice versa with suppliers.
Processing is necessary for the execution of a contract or to stipulate a contract.
• Provide information about our company and its products and services and provide newsletters or email updates to the user;
• To inform about special offers and products or services that might be of
• Understand the flow of traffic on our website and provide a better website
experience and understand the needs of our customers.
Consent can be withdrown at any time
• Measure the interest of customers and suppliers and improve our products, services and website.
• Provide information, products or services requested.
• To fulfill the obligations arising from any contracts stipulated.
• Help to provide the highest level of customer care;
• Manage and operate our website – to keep our website up to date and relevant, to develop our business and to inform our marketing strategy and monitor how we use our website.
• Provide general information on the website and provide our products and services.
• Ensure that the content of the website is presented in the most effective way.
• To display more relevant and relevant advertisements on the website.
Processing is necessary to support legitimate business interests in the management of our business. Please note that you have the right to object to the processing of personal data carried out for our legitimate interest. That is, the right to object at any time remains assured.
For the prevention and detection of fraud, money laundering or other
crimes or for the purpose of responding to a binding request from a public authority or a court.
The data treatment policy is necessary to comply with legal and regulatory obligation
We may have to process personal information to contact you if you have an urgent security notice. In rare cases of vital interest
3. HOW DO WE SHARE THIS INFORMATION?
We do not sell information to third parties. However, we may from time to time disclose the information to the following categories of companies or organizations that we are responsible for managing services on our behalf: support service providers, customer contact centers, agencies and direct marketing consultants, market research and market analysis service providers, our legal advisors and other professionals.
We work to ensure that all third-party partners who manage the information comply with data protection legislation and protect information just like we do. We only disclose personal information STRICTLY
necessary to provide the service we are undertaking on our behalf. We will aim to anonymize information or use specific aggregated data sets where ever possible.
4. HOW LONG IS THE INFORMATION KEPT ?
We will not store personal information in an identifying format for a longer period than necessary. For customers or suppliers, we will retain personal information for a longer period of time than processing potential customers / suppliers.
However, we do not store personal information in an identifying format longer than necessary.
In the case of a continuous relationship (for example, a customer), we retain personal information for 10 years from the date on which our report ends. We retain personal information for this period to establish, bring or defend any legal claims. Our relationship could end for a variety of reasons.
Where we have obtained personal information following a request for information, brochures, quotations or any other information about any of our products or services, we store your personal information for 1 year and 6 months from the date we collect this information, unless that during this period an effective relationship is created, for example, a purchase. We will continue to process this data in line with the initial request for 6 months, so that we can establish a relationship with the potential customer / supplier. After this period the data will remain pending for 1 year before being removed, unless a report is formed within this time.
The only exceptions to the periods mentioned above are where:
• the law requires to keep personal information for a longer period, or to delete it first;
• in the event that you have raised a complaint or concern about a product or service offered, in which case we will retain your information for a period of 10 years from the date of that claim or request; or
• you exercise the right to delete information (where applicable) and you do not need to keep it in relation to one of the reasons allowed or required by law
5. HOW IS THE INFORMATION MANAGED ?
Each individual has the right as an individual to access personal information and make corrections if necessary. You also have the right to revoke the consent you have previously provided to us and to request that we delete the information we retain. You may also object to the use of personal information (where we rely on our business interests to process and use such personal information). There are a number of rights in relation to personal information under the Data Protection Act. In relation to most of the rights, we will request information to confirm the identity and, where applicable, to help us search for personal information. Except in rare cases, we will respond within 30 days of receipt of your
Apura S.r.l. Piazza Porto, 3 Gargnano, 25084-(BS) P.IVA 03560460176
request. Users have the following rights:
• Request a copy of the information we have in our possession;
• Correct and update your information;
• Withdraw consent. Please see “How we use this information”;
• Subject to our use of user information (where we rely on our legitimate interests to use your personal information), provided that there are no legitimate reasons for continuing to use and process information. When we rely on our legitimate interests to use your personal information for direct marketing, we will always respect the right to object;
• Delete your information (or limit its use), provided that there are no legitimate reasons for continuing to use and process such information;
• Transferring the information to a structured data file (in a format commonly used and readable by the machine), in which we entrust the consent to use and process personal information or to process it in relation to the contract.
In the case of a subject access request or a request for information, please be aware that if the request is unfounded or excessive, we may still charge a fee or refuse to act on the request. Please also note that when we remove data from our system, or after the time periods indicated earlier in this document or upon request, the data is permanently removed from our system and may affect any subsequent access requests. It is possible to exercise the above rights and / or manage the information by contacting us, using the details below:
Address: Piazza Porto, 3 ,Gargnano-(BS)
If you have specific questions about data protection or a complaint, you can contact our data protection team at the addres email@example.com .
6. WHERE WE STORE PERSONAL DATA ?
If you refuse a cookie, this may prevent the site from functioning properly or even prevent access to certain areas.
Depending on the function and purpose of use, cookies can be classified into technical cookies, analytical cookies, profiling cookies. All cookies are divided into first-party cookies, installed directly by the site operator and in third-party cookies, installed through the Site by third parties.
Navigation Cookies on the Website tracks the cookie path (so-called “click stream” activity, ie the recording of the paths followed by the visitors of a site in the passage from one page to another) without being able to know or identify the user who entered the site, in order to collect statistical data on the site such as, for example, the pages visited, the pages downloaded, etc.
We reiterate that none of this information is associated with you individually. Cookies do not capture your personal e-mail address, nor any of your private information. The information obtained by tracking cookies is only evaluated overall. The web server log files are also used to count visitors and evaluate the technical capabilities of our site. We use all this information to find out how many people visit the Site, to organize the
pages in the most accessible way possible, to facilitate navigation on the site and to make its pages more useful to users. We collect information on site traffic, but not on individual visitors. Consequently, no information concerning you in particular can be stored or used.
Session Cookies are strictly necessary to provide you with the services available through our website and to use some of its features.
Since these cookies are strictly necessary to provide the website, it is not possible to refuse them without affecting the operation of our website, but it is possible to block or delete them by modifying the browser settings and imposing the blocking of all cookies on this website.
The Google Analytics Cookies collect information that is used in aggregate form to help us understand how our website is used or the effectiveness of our marketing campaigns or to help us customize the site in order to improve your experience.
Finally, Profiling Cookies create user profiles and are used to send advertising messages in line with the preferences shown by the user while browsing the web.
• The owner has decided not to use them due to the particular invasiveness that such devices can have in the private sphere of users.
• The cookies collected for the purposes listed above may be communicated to the competent subjects in charge of managing the site for the performance, even partial, of activities related to the assignment.
• This Site exclusively uses technical, navigation or session cookies and analytics, to allow browsing and provide the service requested by the User.
• For all cookies other than technical cookies, the User’s express consent is required the first time he or she visits the Site. Consent is tracked on subsequent visits, however the User always has the option to revoke in whole or in part the consent already expressed.
Some cookies (session cookies) remain active only until the browser is closed. Other cookies (persistent cookies) “survive” when the browser is closed and are also available in subsequent visits by the user, and their duration is set by the server at the time of their creation with a set expiration date.
The setting can be defined specifically for different websites and web applications. In addition, the most common browsers allow you to define different settings for various types of cookies.
You can set your browser to be notified in case of attempts to insert cookies, limit them or refuse them completely.
This Notice is effective from 25 May 2018.
Data Controller: Armin Funke located in Piazza Porto, 3 Gargnano, 25084-(BS)
Given the objective linked to the identification of cookie-based technologies and their very close integration with the functioning of the web, see the following link http://www.allaboutcookies.org.
Terms of: Delivery, Sales, Payment
Our conditions, reported below, are part of an agreement for purchase-sales/delivery. Are not considered valid the conditions of delivery, payment and purchase and other conditions set by the counterpart being: Customer, Supplier and/or third. Other and further communication are not provided. Conditions are valid from today and all future agreement.
Different conditions from this one will be valid exclusively if confirmed in writing.
B) Terms of delivery
- Our offers have validity just for the specified time, if not specified, are valid for 3 months maximum. In case of: raw material, fuel costs, power, salary or similar increase in a relevant measure, we are free to invoice considering the current costs without following what agreed in the offer. We are, indeed, free to not deliver (Denying the purchase agreement from our customer) in case of would be verified situations described above.
- Prices indicated are for freight forwarding from production address or from one of our subsidiary address, if not differently specified. Regarding the “urgent” material, who buys have to pay all the added costs provided for that kind of Delivery that might be: “urgent/express/air, etc.”.
- Quotation for reparation has a cost that amount to the 10% of the import, in case of the reparation would be cancel and/ or is not provided a purchase for a new product.
- Demolishing will be invoice for the cost of the waste removal (expect for agreement or different legal requirement)
- Packaging is excluded from the price (except different agreement). For special packaging such as: pallet, container, wood boxes, etc. the packaging will be invoice related to the cost of the purchase.
- Prices are always to be considered net.
- Risk relates to the transport is always charged to the customer even if the delivery is free freight.
- Time of delivery indicated have to be considered: very likely. We are not obliged to respect the terms of delivery (even if confirmed) when could be verified events out of our extent or responsibility such as: earthquake, strike, fire, failure, closure of the company of sub-suppliers, accidents, lack of power, lack of raw material. For the closure, dissolution of the company or failure of the company of subsuppliers, Apura has the faculty to cancel the purchase-sales agreement, without any responsibility for potential requests for compensation of damages from the customer. We are responsible exclusively for potential damages requests includes into terms established by the current law. The buyer has the chance to revoke his order in case that terms of delivery would not be respected.
We reserve the right to send partial deliveries. The buyer, for orders with “continuous delivery” formula, can not cancel the order or send back the material already delivered because of terms conditions are not respected. The buyer has the right to revoke and order just for the material refers to a delayed delivery. The potential revoke has any effects on others that are still valid.
- The maximum time to accept an order to us s 2 weeks. Order does not mean automatically accepted. An order has to be considered binding for the purchasing part.
- With no previous agreement between parts, is not admitted in any case to deliver back the material ordered and delivered. On the potential credit invoice will be embezzled the cost cause by administrative/warehouse expenses. This proceeding is not valid if the said material is “retention of title”.
- We have the right to suspend immediately current deliveries and agreements when the purchasing is proceeding for: dissolution of the society, failure or insolvency, difficulty for the payment or recognition of difficulty for financial situation.
- If the ordered material is not picked up 10 days after the notification of “ready in stock”, will be invoice an amount of € 1,00 each kg/days due to storage expenses.
C) Terms of payment
Our terms of payment are printed on invoices and order confirmation. Besides, need to be considered valid the following conditions:
- Payment, follows terms and condition agreed are reported on invoice and considered strict.
- Our invoices need to be paid completely, without reduction of any kind of bank or postal expenses.
- With terms of payment it’s meant the money inlet on our bank account in that moment and not the date of the bank transfer. For Extra Italy payment, cheques are not accepted especially if sent by mail. If would be established a further discount compared to the one already applied following price list, on a supply with a deposit, the discount will be applied on the last payment of the order. If a payment delayed, the discount will be not anymore calculated.
- Are not accepted: postdated cheques and other kind of payment not agreed and confirm previously. The customer has to pay all the expenses due to: come back cheques, a bank receipt not withdrawn etc. Min expenses are EUR 25,00. A “protest” causes the immediate expiration of the invoice even if another payment took place. We reserve the right to suspend the supply or to deliver just with “Cash on Delivery” payment or by payment before delivery.
- If a customer delays the payment, Apura has the faculty to add the interests on invoice following T.U.S. regulation (official bank rate), not superior to the double of the current bank rate, or potential expenses due to collecting. Also in this case we have the right to suspend deliveries, without considering our society defaulting. We have the right for compensation for damages. Besides, we have the right to ask safety in other formulations (such as bank guarantees). If the customer does not agree, we claim the payment for all the still open invoices ( even the ones not expired yet).
- If the customer decreases the payment, round off, or accumulates amount of different invoices/delivery must need, our confirmation in written. A reduction of a payment will not be accepted if not confirmed by us in written.
- Types of payment accepted are exclusively: on our back account, or with non-transerable cheques named to our company or to a potential liquidator. Payment of our invoices to third parties will not be accepted.
- A payment can not be decreased or be suspended because of objections, due to the quality or quantity of the materials, that are not comunicated in written within 8 days from delivery .
D) Retention of title
- We reserve the right of property until the complete payment of the supply effectuated.
- The right of property do not cancel the purchase agreement. Stays constant the chance the possibility to demand dangerous reimbursement.
- We have the right to:
- Sell the material payed but not collected (for example: storaged in our warehouse for 1 year) on the trade e to credit the amount.
- Or to credit the purchase price or the current value of the material – 20%( current devaluation tax).
- If the material on our property would be confiscated, the customer must notify the sequestrant and us, that the material sequestrated is not his property within 3 days. The customer can not use the material of our property to ask a overdraft.
- The customer has the obligation to insure the material on our property for : theft, fire etc. potential insurance reimbursment must reaches in an appropriate measure for the amount of the material in our ownership. The customer has the obligation to inform his insurance and us within 3 days.
- We have the pleasure to give guarantees on our products, considering these prerogatives:
- The warranty of the material and the devices of our production have the duration of 12 months from the date of the departure from our warehouse, excepted pieces due to normal wear (if not indicated differently).
- This warranty is limited to some pieces that need to be replace, indentified as defective because of bad quality or factory defective. In case we replace entirely (by our initiative) a product, the warranty will not start again as annual from that moment, but stays valid the initial one.
- Will not be replace for free the spare parts wasteful for regular wear (especially rings, mechanical parts etc.).
- The warranty is revoked automatically in case of what we supply would be storaed in a unsuitable way, sabotaged or mounted by non authorized/inexperienced/unqualified staff or for unproper use or even so a different use and non-compliant to regular indication.
- For engines or other electrical/electronic equipment, the guarantees issued by the respective manufacturers are applicable.
- Potential damages, founded on the supplied material, must be reported within 8days from delivery.
- The material, potentially defective, has to be send to our warehouse for free freight.
- We are not liable for potential damages caused by our material to customers or third person because of defective or malfunctioning etc. We are not liable of warranty for parts damaged by: High voltage (lightning or power surges), unusual electromagnetic fields, that influence on electrical/electronic parts of our devices. Our costumer has to ensure that the material works properly, and has to take the necessary precaution to protecting the devices from conditions that may cause malfunctioning.
- Objections relate to quality and quantity of material have to be shown within 8days from delivery, run out this time will not be considered. After this time limit, claim for: discount/ no payment, will not be accepted.
- Returned good for defect, must be delivered intact and must be sent to our warehouse with free freight.
- Can not be ascribed a damages reimbursement due to a malfunctioning caused by missed maintenance of our instruments. The costumer must ensure ( after the installation and periodically) of the perfect functioning of devices.
F) Authority and clause
- The competent court is our headquartes, even if the material was shipped by subsidiary or representative. For special cases we have the right to choose also different competent courts (for example our customer) but our customer has no right to choose.
- Is Valid the current law in Italy for sales effectuated in EU. For sales extra EU need to be considered valid the laws on the Convention of the United Nations, Vienna ( April 1980).
- Our terms of sales, suppliers and purchase are expressely accepted from our costumers once the order is sent and once received the order confirmation and /or once the material is delivered. We reserve the right to change in any moment our terms of sales. Other terms imposed by supplier, or customers, are not valid. If a single clause in not valid anymore, it would be evaluated/interpretated to understand completely the meaning. If a single cause should not be valid anymore, the remaining clauses are still valid.
- Agreement by telephone, oral or by e-mail, must be followed by a written confirmation.
G) Terms of maintenance/reparation at our user at our warehouse
- Our society is liable just for damages caused by its own devices and plants.
- After a reparation in situ or at our warehouse, the user and the retailers must keep the instrument or plant checked to exclude subsequent damages to other instruments, and/or other plants or to the production( check the endurance and functioning). Our device is tested at the end of our intervention, a written certification of functioning will be released. Despite this certification, the user and the retailers must keep the instrument or plant, checked to exclude subsequent damages, not revealed during the intervention. Analyzers of water need at least a weekly check of the water hardness, of the reliability of the analysis and a check of the alarm signals (especially limit alarms). Plants need a special check of the water that goes in and out, verify the quality relate to the necessity.
- Our liability ends with the work done on our device, it means that we verify and test all the output alarm signals. Are not checked ( if we have not supplied it) the side relate to the reception (programmer or PLC), for this reason we can not be aware of subsequent work of other programmer/PLC, and it is not our competence work on a not known device. The customer must ensure plant works in a suitable way and that potential output signals from our instruments should be processed in a correct/desired way and that a potential programmer/PLC react in the correct/desired way.
- The Certification of check / test and calibration has a validity of 12 months ( following italian regulations for laboratory devices). After a testing check, can not be excluded potential defect of functioning, keep monitoring the instrument or plant.
- The testing refers exclusively to the functioning of the instruments and do not refers to hydraulic, electric and electronic connection effectuated in situ. Connection out of standards to electrical and dangerous wires can not be ascribed to our liability. In case of our technicians would find a connection of electrical wires out of law standards, it will be indicated on the section “information to the customer” on the testing report.
- Once the test is done it will be indicated with an adhesive label attach to the instrument(or plant) with the expiry date. The expiration of the check and calibration must be monitorated and potential expiration of the test/calibration should be checked and notified from the user to the maintenance technician or to our company.
- From the warranty of the reparation are excluded, consumable materials: reagents, O-ring, moving material (motors, axles, valves etc). The certification is undone with a non authorized intervention by our customer, user or others.
- For potential objection, we ask a notice of 7 days.
- Warranty on reparation: The warranty lasts 12 months on the single replaced parts (excepts pieces consumables example: Gasket, mechanical parts etc.).
In case of objection: if the device has been reviewed at or warehouse it needs to be sent again on free freight, instead, If the revision happened to a user, it can be asked again an intervention in situ. If during a intervention or verification it would be found a defective part or a part not replaced, it will be provided to invoice: work/trip/spare parts replaced.
H) Information law 196
Still valid sections & Ea, Eb, Ec, Ed, Ee, Ef, Eg, Eh, Ei, Ej e Ek.
- We inform our customers about the laws 196 on 1.01.2004. All the personal data are collected to deliver materials and advertisement of our society. We feel free to make available your data to our counseling studio, to our accountant, and our lawyers (recovery credits) and to public authority. We are obliged to not give your data to third person for advertising reasons. With order/supplying both parts declare expressly to be aware of the content of the article 196 of 2004 for data treatment.