Statement on the treatment of personal data
as per article 13 of Legislative decree n.196 of 30th June 2003
This privacy statement is drawn up by Bleenka (henceforth also referred to as ‘the social network’) in accordance with the governing Italian ‘privacy’ laws and, in particular, in compliance with Legislative decree 196/2003 (Code for the protection of personal data). It follows that any dispute in relation to the present document or to its interpretation and application will be governed by Italian law as specified in article 5, subsection 1 of Legislative decree 196/2003.
Bleenka reserves the right to translate this document drawn up in Italian into other languages; however, if there should be any divergences between the ‘Italian’ version and that in ‘other languages’ (such as English), the Italian version shall prevail and be deemed binding. The user (independently of his or her mother tongue), in accepting these terms (as described hereafter) shall be considered to fully understand the language or languages used in drafting the document in question and to approve the content thereof.
The statement shall apply to and regulate all uses of Bleenka on the website www.bleenka.com (including use from mobile devices)
2. (Scope of the present statement)
This statement serves to inform the user that all processing of personal data will be performed in full respect of the rights, liberties and dignity of the person concerned, with particular regard to confidentiality, personal identity and the right to protection of personal information.
The document has the further purpose of informing the user in relation to a) the identification of the persons responsible for processing of the data; b) the origin / provenance of the personal details being processed; c) legal redress available to Bleenka in case of unlawful conduct on the part of users; d) the mandatory or discretionary nature of data collected; e) the aims and methods of processing; f) persons and categories of person to whom such information can be disseminated including those responsible for maintaining or processing the data in question; g) the right of individuals to independently access their personal data and to update, correct or supplement it; h) rights obtaining in case of termination of processing.
2.a (Persons responsible for processing)
Bleenka S.r.l., VAT number 05213330870, with registered offices in via Cosenza n.4, Catania, Italy is responsible for processing of the data.
2.b (Origin / provenance of data)
The data collected and processed by Bleenka will consist exclusively of information voluntarily provided by the user, in the manners described below.
(Information provided at the moment of registration)
In order to authorize the processing of the data, the user should access the ‘login’ page of the Bleenka site and click on the button ‘Access via Facebook’. This is because Bleenka can be accessed only via a user’s personal Facebook account. At this juncture, the user is informed that in this manner, Bleenka will have access only to such personal information as he or she has previously and voluntarily supplied to Facebook.
Such data may include (among other information): the user’s name and surname, date of birth, e-mail address, list of friends and the photo accompanying the Facebook profile. Naturally, Bleenka will not seek, on its own initiative, to collect and / or process any further information other than that supplied by the user as specified above, save for updates, corrections or supplementary information provided independently by the user.
If the user does not wish to agree to the processing of this data he or she may click on the popup ‘Cancel’ provided by Facebook. Bleenka will thus not come into possession of any of the relevant personal information, while the user will not be able to gain access to or make use of the ‘social network’.
Alternatively, the user may click on the popup ‘Ok’ provided by Facebook, thereby authorizing and approving the processing of his or her personal information as described above. Before clicking on the popup ‘Ok’ the user should carefully read the present statement which can be consulted by clicking on the link ‘privacy statement’ at the bottom of the Bleenka ‘login’ page.
By clicking on the popup 'Ok' the user expressly declares that: (I) he or she has viewed and attentively examined the present privacy statement and accepts the content in toto unreservedly; (II) he or she gives his or her unconditional agreement and authorization for Bleenka to acquire, process and archive the personal data previously provided to Facebook; (III) the aforementioned data is truthful and pertains to the person in question; he or she is aware that any attempt at impersonation and / or identity theft may have criminal consequences; he or she exonerates and relieves Bleenka of anyresponsibility or liability deriving from unlawful behavior on the part of the user; (IV) he or she is aware that Bleenka is exclusively reserved for use by adult users and in giving consent also confirms being over the age of 18.
(Information provided after the moment of registration)
After completing registration and after having given his or her consent the user may share photos and other personal information with other users of Bleenka (subject to the limitations specified more fully below). The user shall be aware that the content he or she chooses to share will be visible to other users of Bleenka and will thus become subject to storage, processing and / or exploitation by the latter. Hence, in giving his or her authorization the user shall exonerate and relieve Bleenka of any liability deriving from the processing of personal information voluntarily shared with other users. In general terms, users are advised not to publish on their profile, among other personal information, details regarding religious beliefs, health issues or credit card / bank information.
The user, in agreeing to these terms, shall also be aware that he or she may legitimately publish personal details relating to third parties only after having informed such third parties in advance and with their prior approval.
Failing this, the user hereby declares that he or she exonerates and relieves Bleenka of any liability toward whomsoever and of any responsibility in connection with wrongful sharing by the user of personal information related to third parties or the subsequent processing of such information by unauthorized persons.
It is in any case expressly forbidden to publish or transmit content liable to denigrate and / or cause offence to any third party as well as content prohibited by law.
(Information transmitted via apps and / or mobile devices)
By installing the free ‘app’ , the user will be able to gain access to Bleenka from a ‘smartphone’ (or other mobile device).
In this case the rules and principles formulated above shall continue to apply wholly and without reservation, with particular reference to: a) the necessity of obtaining the prior agreement of the relevant user and the procedure for obtaining this; b) the processing of data provided by the user at the moment of registration or thereafter.
To this should be added that Bleenka will not collect information which may serve to identify the user’s telephone number or the ID code of the device used in accessing the service.
For the purposes of making use of the service, however, the user, after having been previously informed that Bleenka may from time to time gain access to and process the localization information obtained from his or her device, will, in the course of the installation procedure, be required to authorize the collection and / or processing of such data by clicking on the relevant popup.
More specifically, following installation, on each occasion the user may freely decide whether or not to make use of the localization functions provided by his or her smartphone. If he or she does so, Bleenka will be able to gain access to the current geographical location of the device while otherwise, with the localization function deactivated, it will not be possible to trace the device’s current location, so that Bleenka will be informed only of the position on the last occasion when the localization function was activated, which will not necessarily correspond to the current location.
Note that if the user decides to deactivate the localization function he or she will not have access to certain services provided by Bleenka , such as locating other users equipped with similar mobile devices with the localization function activated.
It should be added that, in order to fully safeguard the confidentiality of users who opt to make use of the aforementioned localization services, Bleenka will not allow other subscribers to gain access to the exact geographical location. As stated above the purpose of such localization is to enable users to locate and visualize the presence of other users in the area on their device. This is performed through the specification of a general area within which to locate other subscribers. This is defined as the area between the user’s current location and that of other subscribers with whom he or she might wish to interact. More specifically, it will be possible to locate users within a minimum range of 10 km, with no specific maximum limit being placed on this range. For example, if a user in Milan makes use of the localization function on a device, he or she will be able to locate other subscribers within the minimum distance of 10km but will not be able to know if users located are at a distance of 8, 5 or 3 km from his or her position, or if they are even right next to him or her. In other words, the localization service does not allow users to establish the precise location of other subscribers which will thus remain confidential.
The provisions described above are compliant with Legislative decree 196/2003 and specifically with article 37 of this legislation.
(Dati di minori)
As stated above, Bleenka is intended for adult users and hence does not accept personal information regarding minors. While in giving consent the user confirms under his or her own responsibility the fact of being of adult age, to this end Bleenka nevertheless reserves the right to perform any checks which may be deemed opportune and necessary.
2.c (Redress available to Bleenka in case of unlawful conduct by users)
Should Bleenka learn of any violation and / or unlawful activity on the part of users – including through reports from other members - it shall take appropriate steps while reserving the right to cancel the relevant user's account, and, where specified by the law, to report any such unlawful conduct to the ombudsman and to the relevant authorities, in accordance with the provisions of article 25, subsection 2 of Legislative decree 196/2003.
2.d (The mandatory or discretionary nature of data collected)
The information provided by the user is discretionary. However, non-provision of this information at the moment of registration will prevent the user gaining access to the service or creating a user profile.
2.e (The aims and methods of processing)
The information provided by the user at the moment of registration for the service or thereafter will be used for purposes strictly connected to and necessary for the provision of the service, namely: a) for registration with and use of Bleenka; b) to provide technical assistance to the user and to inform him or her of updates or new functions; c) to prevent or detect fraud, security violations or potentially prohibited / illegal activities; d) for the purpose of facilitating any other operation necessary for the provision of the services to which the user has subscribed.
The information in question may further be used by Bleenka in order to transmit to the user via email (at the email address provided as described above) information relating to the sale of products and services in accordance with the provisions of article 130, subsection 4 of Legislative decree 196/2003. The person receiving such information may at any time refuse such material by contacting the following email address: firstname.lastname@example.org.
Further, it is hereby declared that Bleenka does not make use of ‘profiling cookies’ – i.e. technologies having the purpose of analyzing habits or consumer patterns displayed by the user in the course of web navigation - and hence will never direct promotional or marketing messages to the user on the basis of such preferences.
As regards the methods of processing, personal information will be processed manually or through automated systems only for the time strictly necessary to accomplish the ends for which it was collected.
Specific security measures are in place to prevent the loss of data, unlawful or incorrect procedures and unauthorized access. Specifically, while no system can be completely secure and proof against interference or ‘hackers’, users are informed that in accordance with the provisions of articles 33 et seq. of Legislative decree 196/2003, Bleenka safeguards and maintains control of all personal information acquired through the use of appropriate preventive security measures designed to take account of new technical developments, the type of information and of the specific processing characteristics in such a manner as to minimize the risks of accidental or deliberate loss or destruction of data, unauthorized access or operations which are prohibited or which are not compatible with the objectives described.
Lastly, users are informed that their Bleenka accounts are protected by their Facebook passwords and that they should therefore make every effort to keep these confidential and not accessible to others. Consequently, in giving their consent, as described above, users acknowledge sole responsibility for the security of their passwords thus exonerating and relieving Bleenka of any liability in connection with negligence in regard to the use or confidentiality of the password.
2.f (Persons and categories of person to whom such information can be disseminated including those responsible for maintaining or processing the data in question)
In accordance with the provisions of article 30 of Legislative decree 196/2003, Bleenka will designate the persons responsible for the processing of data. Such persons will operate under the direct supervision of the proprietor and will follow the instructions given by the latter. The list of those responsible can be requested via the email address: email@example.com.
Where strictly necessary for the provision of the service, user data may be shared with companies contractually bound to Bleenka S.r.l. , some of which may have their headquarters elsewhere in the European Union. In this case the transfer of data will be performed in accordance with article 42 of Legislative decree 196/2003.
To this end, the user, in giving consent as described above, shall be deemed to expressly authorize both the transfer of his or her data to other companies contractually bound to Bleenka S.r.l. (for purposes strictly connected with and necessary for the provision of the service), and, where relevant, the transfer of such data in line with article 42 of Legislative decree 196/2003.
Bleenka further pledges to minimize the use of personal and identity information on the part of other subscribers who will not, for example, be able to visualize (and thus discover) the user’s surname or hir / her geographical location.
Lastly, Bleenka will refrain from any actions connected with the sale of users’ personal data to third parties. In the same way, this data will not be made available or disseminated to unauthorized third parties, in accordance with the law.
2.g (The right to independently access individuals’ personal data and to update, correct or supplement it)
In accordance with article 7 of Legislative decree 196/2003, users shall have the right at any time to be informed of the existence or otherwise of personal data pertaining to themselves and to gain access to any such data in an intelligible form. They may request, among other things: the origin of their personal information; the aims and methods of processing such information; its updating, supplementing or rectification; its cancellation, conversion to anonymous form or the blocking of data processed unlawfully, including any data whose conservation is not necessary in order to accomplish the ends for which it was collected or subsequently processed. Users may further for any legitimate reason object to the processing of all or part of the information relating to themselves, even if it is relevant for the purposes of accomplishing the aims for which such data was collected and to the processing of personal data regarding themselves with a view to the sending of publicity material or for direct sales activities.
In order to avail themselves of the abovementioned rights, users may send a normal mail to the email address: firstname.lastname@example.org.
2.h (Rights of users in case of termination of processing and / or in case of cancellation of the account)
In accordance with article 16, subsection 1, letters ‘a’ and ‘c’ of Legislative decree 196/2003, in case of termination of processing for whatever reason (cancellation of the account on the part of the user, or of Bleenka where the user has engaged in unlawful activities), the data will be destroyed and / or conserved for purely personal purposes and not in organized communication or dissemination.
3 (Modifications to the statement on the processing of personal data)
The possibility of new legislation coming into force applying to the sector, together with the constant process of review and updating of the services, might entail the need to modify and / or supplement this statement. Where significant changes are made, Bleenka undertakes to inform the user by means of a comprehensive message sent to the email address provided and / or notifying the same on his or her Bleenka account.