ITALIAN SOCIETY OF AUTHORS AND PUBLISHERS (SIAE)
The above mentioned law regulates the confidentiality of personal data and imposes a number of duties on whom “deals with” the personal data of natural persons. Among the obligations to be fulfilled, there are:
a) to inform the person to whom data refer to, about the use that is made of them;
b) to ask for the express consent of the concerned person allowing the processing of his data.
1) According to art.4, lett. a) of the Legislative Decree 196/03 “data processing” means any action or actions carried out without the help of electronic means, concerning: collection, modification, interconnection, registration, selection, blocking, organization, extraction, cancellation, preservation, consultation, comparison, destruction, use, communication, dissemination of data, even if they are not registered within a database
2) In compliance with the above-mentioned law provisions, we inform that data processing, also by the help of database, are carried out by SIAE according to law rules and regulations, that is to say in compliance with contractual obligations as listed below by way of example:
a) as regards law, contractual or regulatory obligations:
1. data processing in relation to the institutional functions performed by SIAE, according to art.180 of Law 633/41, concerning the protection of original works and their rights in general, also with the distribution of the revenues received for the economic exploitation of original works;
2. data processing aimed at making membership possible within the Society, which can also imply the publication of personal data in the Society’s Journal (Bullettin) periodically published and distributed;
3. data processing aimed at making possible for the members to benefit from the Solidarity Fund, for which allowing one’s own personal data processing is necessary;
4. data processing in relation to the collection of membership, insurance fees, etc. (for example financial reporting to the relevant Associations, following special agreements with the Associations themselves);
5. processing of aggregate and anonymous data aimed at publication editing by SIAE of works about activities in the entertainment sector ;
6. some information (planned events or events to be carried out, performers, theatre companies, etc.) may be the subject of publications meant for operators of the sector and the public in general, in order to identify, analyse and spread, also according to art.2 of the Articles of Association, the real problems and the show business events concerning authors’ rights and neighboring rights, as well as similar kinds of cultural entertainment activities .
b) in connection with law obligations:
- data processing connected with VAT regulations (VAT tax records);
- data processing concerning the functions performed by SIAE according to the mandate received from the Ministry of Finance and consisting of cooperating, with surveillance and control tasks, with the Italian Revenue Agency, for checking the payment of the entertainment tax of the VAT on entertainment tax and the special related tax regime activities.
Referred to by Law 398/1991.
3) We inform that, in consideration of data processing purposes, as above said, the transmission of data is compulsory. The lack of data transmission would not allow SIAE to fulfil its obligations, according to law provisions or its mandate.
4) We also inform that some data concerning theentertainment sector may be communicated to artists, performers, theatre companies, musical associations that can expressly ask for them, because of contractual relationships started with the organizer and/or for the only purposes regulated by the Italian Ministry of Cultural Heritage and Activities and Tourism.
5) We inform that the data of the member and/or of the mandator and the information concerning the works registered are communicated, by suitable means and procedures, to foreign Authors’ Societies and any possible third parties, such as managers of repertoires working outside the national territory (also outside the European Union), in order to guarantee the intermediation and protection of the works registered by SIAE at an international level;
6) We inform that the data being useful for the identification of works and the names of authors/publishers, besides the publishers’ addresses, can be processed for the carrying out of the mandate received.
7) We inform that the above said data will be processed:
- in digital and/or paper format;
- by entities authorized to fulfill such tasks, who are always identifiable and “charged with “ according to art.4 lett.g) and suitably informed about the limits imposed by the Legislative Decree 196/03;
- by the use of safety measures meant for:
a) guaranteeing the privacy of the concerned individual to whom data refer;
b) preventing undue access to them by third parties or by non authorized personnel.
8) for operational needs SIAE can entrust external companies with the collection of the information contained within the Registration Forms, in the set lists, in the collection sheets, in the receipts of payment and in anything else referred to its own relationship with users. Such external companies are responsible for data processing according to the rules referred to by
Legislative Decree 196/03.
In this case:
- the data controller is always SIAE;
- data processor: the companies which are entrusted with services are from time to time mentioned.
9) The data controller is SIAE. Its registered office is in Rome, Viale della Letteratura 30; The data processor is Lawyer Alessandra Amendola, domiciled by SIAE, Viale della Letteratura 30, Rome
10) The law recognizes your ownership of rights according to art. 7 of the Legislative Decree 196/03.
11) According to art.10 nr. 7 of the LegislativeDecree 196/03 when, following the request referred to by art.7, paragraphs 1 and 2, letters a),b),c), the existence of data referring to the concerned person does not prove to be confirmed, an expense contribution not exceeding the costs really borne for the research carried out in that specific case can be charged.
12) According to art.9 of Legislative Decree 196/03 the rights referred to by art.7 concerning personal data belonging to deceased people can be exercised by whoever has an interest therein, or acts on behalf of the concerned person, or for family reasons that must be protected.
according to art. 13 of the Legislative Decree 196/2003
Dear Gentleman/Madam, we inform you that Legislative Decree nr.196 dated June 30, 2003 ("Code on the protection of personal data") provides the protection of the personal data of natural persons..
According to the above said rule, such data processing shall be based on principles of fairness, legality and trasparency as wella as of protection of your privacy and rights.
According to article 13 of Legislative Decree nr.196/2003, therefore, we provide you with the following information:
1. the data provided to us shall be processed for the following purposes: to support our customer by providing our assistance and answers to his7her requests.
2. The data processing shall be carried out as follows: by computer and by hand in paper format.
3. The provision of data is optional. A possible refusal of providing the data necessary to contact you again, does not produce any consequence, but the necessity you will have to contact our CRM/URP.
4. Data shall not be communicated to other entities, and they shall not be disseminated.
1. SIAE is the data controller with its registered office in Rome, Viale della Letteratura, 30. In order to exercise the rights of which you are the owner, you can refer to the Personal Data Processor, by SIAE, Viale della Letteratura 30, 00144 Rome, or by sending your request to the following e-mail address: firstname.lastname@example.org.
1. At any time you can exercise your rights towards the data processor, according to art.7 of Legislative Decree 196/2003, that we fully report below, for your convenience:
Legislative Decree nr.196/2003,
Art. 7 – Right of access to personal data and other rights
1. The concerned person is entitled to obtain the confirmation of the existence or not of personal data concerning him, even if they are not registered yet, and their communication in an intellegible form.
2. The concerned person is entitled to obtain information about:
a) the origin of the personal data;
b) the aims and ways of the data processing;
c) the logic applied in case of data processing carried out by the help of electronic means;
d) the identification data of the data controller, of the data processors and of the representative appointed according to art.5, par.2;
e) the entities and categories of entities to which personal data can be communicated or which can come to know them as representatives appointed within the national territory, the people responsible for or in charge of them.
1. The concerned person is entitled to obtain:
a) the update, correction, that is to say, when he is interested in it, the integration of data;
b) the cancellation, the transformation of data into an anonymous form or the blocking of the data processed in infringement of the law, those data for which their preservation in relation to the purposes for which they have been collected or later processed is not necessary, included;
c) a statement in which it is declared that the operations referred to by letters a) and b) have been made known, also as regards their content, to those whose data have been communicated or disseminated, excepted the case in which such fulfilment proves to be impossible or implies a use of means that is clearly excessive compared with the protected right.
1. The concerned person is entitled to oppose, fully or partly:
a) for legitimate reasons, the use of personal data concerning him, even though they are relevant for the collection purpose;
b) personal data processing concerning him/her for the forwarding of advertising material or direct sale or for carrying out marketing researches or commercial communications.
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INITIATIVES and NEWS
Registration at the Court of Rome nr. 55/2006 on February 14, 2006
Publication of more than one issue a week
Direction, editorial offices and administration:
SIAE, Viale della Letteratura, 30 00144 Rome – ph.: 06 59902860
Managing Director: Virginia Di Marco
Editorial staff: Maria Rosaria Grifone, Paola Polidoro, Martina Zaralli, Luca Mogini.