HOW WE USE YOUR DATA

Disclosure pursuant to Art. 13 of EU Regulation No. 679/2016 GDPR and Art. 13 Legislative Decree No. 196/2003 Code for the Protection of Personal Data (so-called Privacy Law)

Data controller: is the professionalassociationcalled NF Notai, based in Palermo, Piazza Francesco Crispi n. 1, Fiscal Code 97339970820 – P.ta IVA 06741930827.

Legal basis for processing:

[the following is in accordance with the text prepared by the National Council of Notaries].

The notary is a public official who institutionally has a role of guarantee and impartiality; he has the task of giving public faith to acts between private individuals and the information contained therein, so that anyone can rely on them. At the same time, he ensures the control of the legality of the acts and qualified legal assistance, aimed at ensuring that the stipulated acts achieve as far as permitted the result desired by the Parties.

Data collection. To carry out its function, the notary must use certain data concerning you and any other interested parties. This is personal and/or asset information that will be processed both electronically and manually. The information may be provided directly by you or another interested party, or collected from third parties, mostly by turning to archives mainly held by public entities, and more rarely private ones.

Depending on the nature of the assignment, the notary will then consult (or cause to be consulted) the Land Registry, Property Records, Business Registry, Civil Status, Civil Registry, and other similar Public Records, obtaining the information needed for the proper performance of the assignment. The registers consulted may in some cases be located abroad, for example if the notary is required to receive a deed where a foreign company is involved.

This information, collected to the extent strictly necessary for the notarial function, the assignment received and the consequent accounting, tax and insurance obligations, will be kept at the office where the stipulation will take place for the established period of the respective sector regulations (for example: notarial law for original deeds, civil code for advertising obligations, tax and fiscal regulations for invoicing and accounting data, anti-money laundering regulations for information related to adequate verification); without this information the notary will not be able to carry out the assignment entrusted to him. The data concerning you are acquired from time to time to the extent necessary for the purposes of individual acts or transactions, with which they remain associated in our archives, both paper and computerized.For certain services we use individuals we trust, as data processors, who perform tasks of a technical and/or organizational nature on our behalf. Their list is constantly updated and you can consult it easily and free of charge by asking the study staff.

Disclosure of data. The notary is in turn obliged to communicate certain data to public entities: this is done only in the cases provided for by the Law and strictly adhering to the procedures provided for by the Law. The data transmitted will mostly go to update those same public records from which most of the data concerning you and any other parties to the deed have been processed.

Transmissions take place mainly in telematic form through structured data, making use of the computer and telematic tools installed at the firm; the Italian notaries have set up a special reserved and protected telematic network, with national coverage, and an exclusive digital signature system, governed by its own Certification Authority, in order to guarantee citizens maximum security in this area as well. For example, personal data will be disclosed to: (i) to the Internal Revenue Agency formerly the Registry Office (Ministry of Economy and Finance) for the purpose of tax registration of the contract; (ii) to the Land Office formerly the Land Registry and Land Registry Office (Ministry of Economy and Finance) for the purpose of transcription of the contract and its turnaround; (iii) to the Office of Civil Status, for the formalities of competence (e.g., the annotation in the margin of the marriage deed of the agreement of separation of property); (iv) to the Registry of Enterprises, for the incorporation of partnerships and corporations, amendments of statutes and covenants, transfers of shares and similar transactions.

The archives of individual Public Offices are accessible in specific ways regulated directly by Law; predominantly these are Public Records that can be consulted by anyone.

The notary, in its capacity as data controller, has no intention to transfer personal data to a third country.

The personal data of the clients of the notary’s office will also be collected and processed also in a structured form for the purposes of compliance with the anti-money laundering and anti-terrorism regulations (Legislative Decree 109/2007 and 231/2007, implementing regulations, additions and amendments) and subsequent processing by the relevant Public Entities.

Special categories of personal data. Pursuant to Articles 9 and 10 of the EU Regulation no. 2016/679, You may confer, to the Notary for the execution of the assignment data qualifying as “special categories of personal data” and namely those data revealing “racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as genetic data, biometric data intended to uniquely identify a natural person, data relating to the person’s health or sexual life or sexual orientation” or data relating to criminal convictions and offenses required by law. These categories of data may be processed only with your free and explicit consent, given in writing at the foot of this information notice, or pursuant to Article 9(2)(f) and (g) of EU Regulation No. 2016/679, without such information the notary will not be able to perform the task entrusted to him/her.

Existence of automated decision-making, including profiling. The Notary does not adopt any automated decision-making process, including profiling as referred to in Article 22(2) and (4) of EU Regulation No. 2016/679.

Incorrect or outdated data. You have the right to access your personal data at any time. Similarly, you may request the rectification or erasure of the same or the restriction of the processing concerning you or to object for legitimate reasons to their specific processing, in addition to the right to data portability and the right to withdraw consent at any time without prejudice to the lawfulness of the processing based on the consent given before the revocation and without prejudice to what is specified below for the right to erasure, you also have the right to lodge a complaint with the supervisory authority identified by Italian law.

Right to erasure (so-called right to be forgotten). The notarial act, like any other similar public document destined for public records, must be preserved unchanged over time in its original tenor, so personal data conferred for the professional assignment may not be erased where they have been recorded in registers or deeds kept in accordance with the Notarial Law (L. 89/1913, as amended), insofar as they were acquired:

• for the fulfillment of a legal obligation requiring processing;
• in the exercise of public powers vested in the data controller;
• for the purpose of archiving in the public interest;
• for the establishment, exercise or defense of a right in a court of law.

For the same reason, any subsequent changes in the data contained therein should not and cannot involve changes in the deed, but will be documented in its own manner. The transfer of residence, for example, will be communicated to the Registry Office but does not entail modification of the notarial deed. Similarly, having concluded the payment of a mortgage loan, the relevant deed will not be destroyed, nor will any annotation be made on it, but the extinguishment of the guarantee that assists the debt may be publicized at the Real Estate Registries following the procedures prescribed by the Law.

On the other hand, if the notarial deeds require correction due to the objective erroneousness of some of their elements, the correction can be performed only by a further notarial deed.

As anticipated, the owner of the processing of your data is the professional association called NF Notai, based in Palermo, Piazza Francesco Crispi n. 1, Tax Code 97339970820 – P.ta IVA 06741930827, to which you may address any request.

INFORMATION ON THE PROCESSING OF BIOMETRIC DATA RELEASED BY THE PARTIES BY MEANS OF ELECTRONIC SIGNATURE OF COMPUTER DOCUMENT.

(Art. 13 of EU Regulation No. 679/2016 GDPR and art…13 .D.Lgs. n. 196/2003 – Privacy Code)

In compliance with privacy regulations, we would like to inform the interested parties that the drafting of notarial acts can take place, in addition to the traditional paper medium, also by computer (in some cases, compulsory by law) and that the documents drafted by the notary with computer procedures can be signed, if the person (party to the act) has the availability, by means of digital or qualified electronic signature device, or, if the interested party wishes, through the electronic signature system (c. d. “graphometric signature”) made available free of charge by the notary, which provides for the acquisition, in addition to the image of the handwritten signature issued with a stylus on a special device (e.g.: tablet), also of some additional personal data, obtained through the detection and measurement of some behavioral parameters related to the same signature affixed on the device (such as position, pressure, inclination, time, speed and acceleration of the stylus).

This is the so-called “biometric” or “graphometric” data, which can also be obtained from the manner in which the signature is affixed with an ink pen to the paper and which, in general, is used for any handwriting expertise (in the event that there is a dispute over the genuineness of the signature and the judge requires such an expertise to be carried out). The acquisition of graphometric data, in the case of digital signature acquisition, is thus aimed at strengthening the guarantees of authenticity and integrity of electronically signed computer documents, in the interest also of the subscribers (as well as of the notary who identified them or who has to authenticate their signature), allowing to reduce the risks of fraud and identity theft.

The release of graphometric data is optional for interested parties and serves to facilitate the processes of generating, signing, storing and sharing notarial acts formed by computer. The interested party, who does not wish to release the said data, may still use a digital or qualified electronic signature device as an alternative, or request that the documents be drawn up on paper. Where the person concerned prefers to use the graphometric signature system to sign the computer document, he or she will be required by the same system to give consent before affixing the signature.

The graphometric data acquired through the electronic signature affixed by the interested party on the device will be instantaneously protected with an encryption system and inextricably linked to the computer document to which they refer, so as to be irreversible and unchangeable (no graphometric data remains stored on the device or outside the signed computer document).

The collection and processing of the encrypted graphometric data, included in the computer document, are carried out by the notary, as the Owner, with computerized procedures and methods suitable to ensure the proper management of the system, as well as of the notarial forms and procedures and the related regulatory requirements.

The computerized documents, containing the encrypted graphometric data, will be stored, for the time required by law, exclusively at the Italian Notariat’s Sistema di Conservazione a Norma del Notariatoitaliano (SCNN), managed on behalf of the National Council of Notaries by Notartel S.p.A. (an IT company of the same Council and the Cassa del Notariato). Each notary is required by law to use the SCNN for the storage of the relevant notarial acts and, to this end, has designated Notartel as the personal data controller. The system used by the notary and the SCNN are protected with high security measures in compliance with the requirements for data confidentiality and secrecy of communications. Encrypted graphometric data may be decrypted, only at the request of the judicial authority in cases provided by law (e.g, in the hypothesis of a false claim against the notarial deed), through a specific and complex procedure (of so-called “key escrow”) that provides for the intervention of special figures of the National Council of Notaries (at least two notaries, different from the notary who drew up the deed, who keep the confidential credentials to access the private keys that allow decrypting the graphometric data contained in the notarial document stored in the SCNN). The staff working at the notary and Notartel have nevertheless been entrusted with the processing for the operations entrusted to them, although the graphometric data remain encrypted and therefore inaccessible outside the aforementioned procedure.

Notartel, as the data controller, does not intend to transfer your personal data to a third country nor does it adopt any automated decision-making process, including profiling as referred to in Article 22(2) and (4) of EU Regulation No. 2016/679.

Privacy legislation guarantees data subjects the right to access their personal data at any time in addition to the right to their portability. Likewise, it is possible to request their rectification or deletion or the restriction of their processing, or it is possible to object for legitimate reasons to their specific processing and to revoke consent at any time without affecting the lawfulness of the processing based on the consent given before revocation.

It should be pointed out that the notarial act, like any other similar public document destined for public records, must be preserved unchanged over time in its original tenor, therefore, personal data conferred for the professional assignment cannot be deleted where they have been reported in registers or deeds kept in accordance with the Notarial Law (L. 89/1913, as amended and supplemented), as they were acquired:

• for the fulfillment of a legal obligation requiring processing;
• in the exercise of public powers vested in the data controller;
• for the purpose of archiving in the public interest;
• for the establishment, exercise or defense of a right in court.

The data subject also has the right to lodge a complaint with the supervisory authority identified by Italian law.

As anticipated, the owner of the processing of your data is the professional association called NF Notai, based in Palermo, Piazza Francesco Crispi No. 1, Tax Code 97339970820 – P.ta IVA 06741930827, to which you may address any request.