Information Document on the Processing of Personal Data

Pursuant to Art. 19 of the Data Protection Act (nuova Legge sulla protezione dei dati, hereinafter also referred to as “nLPD”), Art. 13 of the Ordinance on the Federal Data Protection Act (hereinafter also referred to as “OLPD”), as well as Art. 13 of the EU Regulation 679/2016 (hereinafter also referred to as “EU Regulation 679/2016”), Nova Marine Carriers SA, as further identified below, in its capacity as the “Data Controller,” provides some information regarding the use of personal data provided by users who consult and/or interact with the web services accessible via the following address: www.novamarinecarriers.com corresponding to the home page of the official Nova Marine Carriers SA Site.

This information is provided only for the website in question and not for other websites that may be accessible to the user via links. The Site may contain links to sites, services, and other Internet resources related to third parties. In this case, the Data Controller is in no way responsible for the content, security, and usability of such sites and resources. In particular, the Data Controller does not verify the policy, nor does it provide guarantees regarding the protection of privacy and personal data by such third parties. In compliance with the obligations laid down in the field of personal data protection, this site respects and protects the privacy of users.

Introduction

What is personal data

Personal data

means any information relating to an identified or identifiable data subject. Nova Marine Carriers SA, through the website, collects various personal data, including but not limited to: name, surname, email address, phone number, and IP address.

What is meant by processing

Processing

means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.

Who is the data subject

Data subject

means the identified or identifiable natural person. By way of example (but not limited to), the user who browses the platform and who submits a request for information through the same is considered a data subject.

1. Data Controller

The data controller is:

Nova Marine Carriers SA, with registered office in Lugano (CH) Via Bagutti 5, represented by persons entitled to sign in accordance with the entries in the cantonal commercial register (https://www4.ti.ch/di/dg/rf/registro-di-commercio/il-registro-di-commercio).

To contact the data controller: email privacy@novamarinecarriers.com – phone contact: +41(0)91 822 73 65

The list of data processors and any authorized persons is kept at the data controller’s office and made available upon request by the data subject.

2. Personal data subject to processing

Personal data means the information that directly or indirectly allows the identification of a person, whether a natural or legal person.

Personal data deserving particular protection includes information on opinions or on religious, philosophical, or political activities, intimate sphere, psychic, mental, or physical status, as well as information on crimes committed, related penalties imposed, and measures taken.

The Controller may collect the following categories of common personal data for the purposes described in this information notice:

• IP address of the user’s device, user’s location, unique identifiers of the user’s mobile device, duration of stay on the Site, services used, activated links and messages, browser features (type, language, installed plug-ins, etc., cookies, etc.).
• Information disclosed or published by the user on social pages or the Data Controller’s website.
• The Site does not require/collect/process personal data deserving special protection, given its purely informational nature. Therefore, users are advised not to transmit unsolicited information of this kind through the Site and related resources.

3. Purposes of processing

The user’s personal data will be processed for the following purposes:

a) Navigation on this website

Activities aimed at the operation of the site and the provision of the service on the platform. The system acquires certain personal data during normal operation, the transmission of which is implicit in the use of Internet communication. This category of data includes IP addresses or domain names of the computers and terminals used by users, URIs/URLs (Uniform Resource Identifier/Locator) 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 relating to the user’s operating system and computer environment.

• Justification: Controller’s predominant interest. Legitimate interest of the Controller.
• Storage period: browsing on this website: browsing session.

b)  Contacting you and carry on marketing operation and for contact management purposes

As per your request sent via email to info@novamarinecarriers.com.

• Justification: execution of pre-contractual or contractual measures.
• Storage period: data collected for processing requests sent by the user will be kept for 1 year.

c)  Offenses

To ascertain responsibilities in the event of hypothetical computer crimes against the site.

• Justification: Controller’s predominant interest. Legitimate interest of the Controller.
• Storage period: until the expiration of the terms for the enforceability of judicial protections and/or actions for annulment.

d)  For legal, administrative, and auditing purposes. 

• Justification: Controller’s predominant interest. Legitimate interest of the Controller.
• Storage period: until the expiration of the terms for the enforceability of judicial protections and/or actions for annulment.

e)  To assert or defend a right in judicial, extrajudicial, or administrative

• Justification: Controller’s predominant interest. Legitimate interest of the Controller.
• Storage period: until the expiration of the terms for the enforceability of judicial protections and/or actions for annulment.

f)  For security, quality and risk management activities purposes.

• Justification: Controller’s predominant interest. Legitimate interest of the Controller.
• Storage period: until the expiration of the terms for the enforceability of judicial protections and/or actions for annulment.

4. Methods of processing personal data.

In relation to the purposes described above, the processing of personal data is carried out by means of manual, computer, and telematic tools, ensuring the security and confidentiality of the data. Collection, recording, storage, organization, processing, profiling for organizational purposes, selection, extraction, comparison, interconnection, communication, blocking, deletion, and destruction are permitted.

5. Recipients of personal data.

The user’s personal data may be communicated to:

• data processors pursuant to Art. 9 nLPD and Art. 28 EU Regulation 679/2016 as well as authorized persons for processing;
• service providers offering services on behalf of the Controller;
• freelance professionals providing services to the Controller;
• financial administrations, public authorities, judicial authorities, law enforcement agencies;
• third parties exclusively for accounting, tax, legal, insurance purposes, or in the event of inspections by police authorities or as required by law.
• with law enforcement or other government and regulatory agencies or other institutional third parties as required by, and in accordance with, applicable laws or regulations.

Such data will not be disseminated and will be processed by duly authorized subjects responsible for carrying out these tasks, constantly identified and/or appointed, appropriately instructed and informed of the constraints imposed by law, as well as by the use of security measures to ensure the protection of their confidentiality and to avoid the risks of loss or destruction, unauthorized access, unauthorized processing, or processing not in accordance with the purposes described above.

6. Possibility of transferring personal data to third countries and/or an international organization

The user’s personal data may be transferred abroad, and in this case, the Controller guarantees an adequate level of security by transferring it to countries that, according to the confirmation of the Federal Data Protection and Transparency Officer (IFPDT) and/or the European Commission, have an adequate level of protection, or by concluding a contract between the Controller and the legal entity outside Switzerland that receives the data.

7. Security of personal data

The Controller adopts, both at the technical and organizational level, suitable security measures to protect the user’s personal data from manipulation, loss, destruction, or unauthorized access, and to guarantee the rights of the user and compliance with the applicable data protection provisions.

8. Rights of the data subject

As a data subject, the user is entitled to the rights recognized by the nLPD as set forth in Articles 24, 25, 26, 27, 28, and 29 of the nLPD and in Articles 15 et seq. of the Ordinance on the Federal Data Protection Act (OLPD), which include the right of access, the right to information, the right to correction, deletion, blocking, and portability of the personal data processed.

If the processing of data falls within the territorial scope of Article 3 of EU Regulation 679/2016, the data subject can exercise the rights as set out in Articles 15, 16, 17, 18, 19, 20, 21, 22 of EU Regulation 679/2016, by contacting the Controller or the data processor.

The user has the right, at any time, to request from the data controller access to their personal data, their correction, deletion, or limitation of their processing, as well as to object to their processing and to exercise the right to data portability. If the processing is based on Article 6(1)(a) or Article 9(2)(a) of EU Regulation 679/2016, the user has the right to withdraw consent at any time without affecting the lawfulness of the processing based on the consent given before the withdrawal. The user has the right to lodge a complaint with the supervisory authority.

The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC). In the case of a request for data portability, the data controller provides the user, in a commonly used and machine-readable structured format, with the personal data concerning them, subject to paragraphs 3 and 4 of Article 20 of EU Regulation 679/2016.

To exercise these rights, you can send a request by emailing the Controller at the following email address privacy@novamarinecarriers.com.

When contacting the data controller, the user must ensure to include their name, email address, postal address, and/or phone number(s) as well as a copy of a valid document for recognition purposes, to ensure that the Controller can properly handle the request submitted.

The Controller is required to provide a response within one month of the request; this period may be extended up to three months in the case of particularly complex requests.

9. Further information: Amendments/entry into force

The Controller reserves the right to modify, update, add, or remove parts of this privacy notice at its discretion and at any time. Therefore, before using the Site or related resources (email, phone, social account, etc.), it is the user’s responsibility to check the content of the current notice. To facilitate this verification, the notice, available on this website, will contain the update date.

Effective date: 22/05/2024

Nova Marine Carriers SA

The legal representative