Privacy Policy

FOLLOWING THE TRANSFER AGREEMENT DATED APRIL 29th, 2022

BETWEEN N-AND ITALIA SRL (assignor)

AND THE COMPANY VENPAY S.P.A. (assignee)

N-and Italia S.r.l. and Venpay S.p.A. communicate the digital BiTX business and its activities have been transferred and entered into the services provided by N-and Italia Srl. This transfer includes: (a) the application named CoffeecApp; (b) the database with all users’s data, including records of information issued by users themselves, registration of consents issued, denied, revoked; (c) all data and information concerning all the transactions to top up electronic wallets – necessary to purchase the products – within the CoffeecApp app by card or any other payment method, including the top up in cash from the vending machines; d) data of the purchases on the profile of each user in the app and any other data that, in accordance with Venpay GDPR policy until April 30th 2022 at midnight were stored for the purposes declared in the policy and that from May 1st 2022, as a result of the sale agreement between the parties have been transferred to the company N-and Italia, which from May 1st is responsible for the storage and use of the above information . N-and italia details are

N-AND ITALIA SRL
Registered Office: Viale dell’Artigianato 31, 24049 Verdello (BG)
Operating location (offices, production, warehouse): Via delle Gere 15, 24040 Pognano (BG)
P.iva IT04327810166
F.C. 04327810166
email: privacy at n-anditalia.com
Pec: nanditalia at pec.it
Tel. (+39) 035-4829504

All data of business customers (B2B) and suppliers, which as a result of the extraordinary transaction have been transferred to N-And Italia S.r.l. will be processed in accordance with the principles of confidentiality and in accordance with the provisions of GDPR Regulation 2016/679, maintaining, and where is possible increasing, the level of security measures in compliance with the principle of adequacy in relation to the processing carried out.

This extraordinary transaction between the parties has been carried out in full compliance with the relevant provisions, as well as in compliance with GDPR 2016/679 and D. Lgs. 196/2003 as stated by D. Lgs. 101/2018. In particular, in order to protect the integrity of the data and of the database, in full respect of business continuity, all the operations took place with the highest level of physical, logical and procedural security involving Venpay’s staff. The data management system, is a whole secure infrastructure backed up by the highest applicable security standards, will be updated on the basis of the legal act with which the operation was completed: In this way, the database and all software and applications related to the data management of CoffeecApp are maintained intact and there will be no potential risks in the transfer, as evidenced in the DPIA (Data Privacy Impact Assessment) carried out for both Venpay and N-And Italia Srl and kept on file.

Following : New Information dated May 1st 2022 issued by N-and Italia S.r.l.

In compliance with the obligations arising from the national legislation (D. Lgs. 196/2003 and D. Lgs 101/2018 ” Legislazione italiana in materia e Provvedimenti del Garante Privacy “) and Community, (Regulation (EU) 2016/679 dated April 27th 2016 known as G.D.P.R. (General Data Protection Regulation, May 2018), respect and protects the right to confidentiality for all the subscribers and not making every possible and proportionate effort to protect their data, in accordance with the purposes and principles defined in this Policy, and in the Terms of Use, also called Terms of Service.

According to dell’Art. 8 GDPR – in full below – specific functions of Coffee cApp, in particular the payment and value added services related to the subscriprion of individuals who have reached at least 16 (sixteen) years of age could be used; N-AND Italia S.r.l. reserves the right to carry out sample checks on its own initiative and/or on specific reports, regarding the age of its users and in the case of violations of the Conditions of Service, in particular in the case where a registered user is under 16 years old, will be able, to suspend the account unless parental authorization is granted and ultimately deleted the account and report the breach of term of use to the relevant authorities

[Article 8 – Conditions applicable to the consent of minors in relation to information society services

1. Where point (a) of Article 6(1) applies, as regards to the possibility to offer direct provision of services to minors, the processing of personal data of minors is lawful where the minor is at least 16 years old. Where the child is under 16 years of age, such processing shall be lawful only if and to the extent that such consent is given or authorised by the holder of parental responsibility. Other Member States may provide by law for an age below that age provided that it is not below 13 years.
2. The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility for the child, taking into account available technologies.
3. Paragraph 1 shall be without prejudice to general contract law provisions of the Member States, such as rules on the validity, formation or effect of a contract in relation to a child.]

N-and Italia S.r.l. with vat number IT04327810166 is the Data Controller . data are collected through the application “Coffee cApp” for devices with iOs operating system and Android, N-and Italia is the owner and it develops, publishes and updates the appnon the following stores: Play Store, Apple Store. N-and Italia S.r.l. has its operations’headquarters in Via delle Gere 15, 24040 Pognano (BG) – Italy. If you require information and/or clarification about the processing, storage and rectify and delete as well data portability, you can send an e-mail to the following address: coffeecapp@n-anditalia.com

N-and Italia S.r.l. (hereinafter also referred to for brevity, “N-and Italia”), would like to inform you that the personal data you have entered for the purposes of registration with the Coffee cApp application (for example, mobile phone and e-mail address, in addition to the other data required) will be collected and processed for the following purposes:

a. for the provision of the payment service for the sale of products in vending machines, known as -. ‘coffee cApp’;

b. for sending informative and promotional communications, including of a commercial nature, of advertising material and/or offers of goods and/or services, by any means (known and not), including, by way of example and not exhaustive, mail, internet, telephone, e-mail, MMS, SMS by N-and Italia itself and, after collecting the appropriate consent, third parties and vending companies operating in the territory supplying vending machines in the place where the user uses the Coffee cAPP

c. after appropriate consent, if required by the applicable legislation, for the preparation and carrying out of statistical and market studies and research, for the analysis of tastes, preferences, habits, needs and consumers choice, and for the detection of the degree of satisfaction on the quality of the products and services offered by the Company.

The user will be asked to express his consent to the processing as per GDPR policy Failure to give consent to the purposes set out in points (b) and (c) shall not affect the possibility to use the service set out in point A.

In relation to the above purposes, the processing of personal data will be carried out through appropriate paper and/or electronic means, with logic closely related to the purposes and, in any case, able to guarantee the security and confidentiality of the data

The above processing operations involve the use of automated decision-making processes performed by means of a computer system that allow the conduct of the profiling activities of the user.

The consequences of such processing are the receipt of targeted and processed commercial communications on the previous choices made by the user in the use of Coffee cApp.

The processing is carried out on the basis of the existence of a legitimate interest in that there is a relevant and appropriate relationship between the user and the controller justified by the user’s registration specifically aimed at using the service offered by Coffee cApp.

The provision of personal data is optional. Rejection or provision of incorrect and/or incomplete information may make it impossible:

i. the provision of the payment service for the sale of products, known as the service of c.d. “coffee cApp” as defined in paragraph 2(a) above;

ii. the provision of information and promotional communications, including of a commercial nature, advertising materials and/or offers of goods and services, by any means, as referred to in paragraph 2(b) above;

iii. the drawing up and carrying out of statistical and market studies and research, the analysis of tastes, preferences, habits, needs and consumers’ choices and the recording of the degree of satisfaction with the quality of the products and services offered by the Company, in accordance with paragraph 2(c) above.

The activities referred to in paragraph 2 (b) and (c) above may be carried out only after obtaining your express, free and specific consent, given for each purpose of the processing.

The data may be communicated to the following categories of entities used by N-and Italia for the performance of certain activities related to the provision of the service:

a. any entity that provides the Company with instrumental services or services for the above purposes such as, but not limited to, parent companies, subsidiaries, investments and/or associates, entities and/or companies that manage and/or participate in the operation and/or maintenance of the websites and electronic and/or telematic tools used by the Company;

b. companies which own and/or operate vending machines;

c. suppliers, contractors, subcontractors, banks and/or insurance institutions or, more generally, other persons and/or entities which undertake (on behalf of the Company or independently) to perform the activities referred to in paragraph 2 above or activities related to or instrumental thereto;

d. consultants who assist the Company in various ways, in particular with regard to legal, tax, social security, accounting, organisational matters;

e. any other entity to which the data must be disclosed pursuant to an express legal provision.

Subject to the express consent of the user, the data may be communicated and transferred to third companies that provide directly in the territory the service of delivery of the products through /Vending Machines, with the same processing purposes declared in this information by N-and Italia.
The list of these companies and their Data Processors is constantly updated and can be found by sending an email to coffeecapp@n-anditalia.com

Personal Data may be transferred outside of the European Union to countries where Vending Machines will be present in which you will be able to use Coffee cApp. The updated list of non-European countries where data can be transferred can be obtained by sending an email to coffeecapp@n-anditalia.com

The data will be kept for the time necessary to fulfil the above mentioned purposes in compliance with the legal terms, for the period corresponding to fiscal, accounting, administrative needs and to document our activity , as well as for responding to its data recovery needs.

The Data Controller will, in any case, process the Personal Data for a period not exceeding what is necessary for the purpose for which the personal data are processed, or for a longer period, for purposes permitted by law, and in any case deleted without undue delay.

Under the GDPR, the user is entitled:

• • access to personal data;
  • to obtain the rectification or erasure of their personal data or restriction of processing of their own data
  • to object to the processing of their own data;
  • data portability;
  • to withdraw consent (the information to be given to the data subject about the right to withdraw consent cannot, of course, concern cases where processing, for example, is necessary for the fulfilment of a legal obligation to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller);
  • dto lodge a complaint with the supervisory authority (Garante Privacy) http://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/4535524.

We hereby inform you that the Company has appointed a Data Protection Officer, also called Data Protection Officer (RPD).

Email DPO: dpo@n-anditalia.com

For any reports you can write to the DPO by email or traditional mail addressing the request to the address of the Writer – to the attention of the DPO of N-And Italia S.r.l.

N-and Italia and/or the third companies to which the data of the data subject have been lawfully transferred, will stop the processing, without delay, upon the receipt by the data subject of the request for withdrawal of the consent previously expressed. This revocation may also be made explicit in relation to profiling treatments (paragraph 2 (c)), but the service shall remain active. These rights can be exercised by sending an email to coffeecappAT[.ext] or writing to N-and Italia S.r.l. – Via delle Gere 15, 24040 Pognano (BG) – Italy, or to one of the companies to which the data of the data subject has been transferred, subject to his explicit consent.

Having noted the above information, I expressly consent to the processing of my personal data in the manner indicated above and for the following purposes:

⇒ for sending informative and promotional communications, including commercial communications, advertising materials and/or offers of goods and/or services, by any means (known and not), including, but not limited to, post, internet, telephone, e-mail, MMS, SMS by N-and Italia S.r.l.;

I agree [ ] I do not agree [ ]

⇒for the elaboration and carrying out of studies and statistical and market research, for the analysis of tastes, preferences, habits, needs and consumer choices, with the purpose of profiling in order to provide a better service to the registered users of Coffee cApp, as well as for the detection of the degree of satisfaction on the quality of the products and services offered by N-and Italia S.r.l.:

I agree [ ] I do not agree [ ]

⇒for the communication/transfer of data to third companies, including parent companies, subsidiaries and/or participations of N-and Italia, as well as by natural or legal entities contractually linked to N-and Italia and/or which, in any case, collaborate in commercial activities of N-and Italia, for the sending of their informative and promotional communications, including commercial, advertising material and/or internet mail and/or services offers

I agree [ ] I do not agree [ ]

Data from the assignee Venpay S.p.A.
Data holder until the day of the extraordinary operation completed on 1 May 2022
Venpay S.p.A.
via Don Giovanni Minzoni, 16
20056, Trezzo sul Adda (MI)
GDPR Privacy Contacts: dpo@venpay.it