Third Parties Intermediaries Due Diligence Privacy notice
The Menarini company carrying out the due diligence exercise (hereinafter the “Data Controller”), hereby informs that the personal data supplied with the Due Diligence Questionnaires (“Forms”), as well as other data which may be lawfully collected by the Data Controller via independent inquiries and publicly available sources to verify the information provided via the Forms, shall be processed by the Data Controller for purposes connected to the due diligence, which is in turn aimed at carrying out appropriate checks regarding the ethical reliability and integrity of the counterparty (including personal and/or disqualifying conditions) that are required to engage in commercial relations with the Data Controller. Data may also be processed by the Data Controller to fulfil legal obligations stemming from the applicable laws, as well as to pursue its legitimate interests to protect its rights judicially or to enforce the Menarini Group Code of Conduct. The processing legal basis are the company’s interest to perform the checks, the need to perform the contract/perform pre-contractual activities, the need to comply with legal obligations, and your consent.
Data is processed both manually and electronically and is entered into the Data Controller’s IT systems in compliance with the applicable data protection laws, including the aspects pertaining to the security and confidentiality of data and in line with the principles of data minimisation, transparency, lawful and transparent processing. Data are stored for a period not exceeding what is necessary to achieve the purposes for which they were collected, and in any case the criteria used to determine the storage period takes into account compliance with the minimum terms set by the applicable laws (e.g., in relation to tax and accounting compliance, as well as statutory limitation periods within which the Data Controller may need to use the data to protect its interests judicially) and with the principles of data and storage limitation and efficient management of company archives.
Personal data processed for the above purposes are those supplied by You in the Forms and those lawfully collected by the Controller as described above. The processing of personal data is necessary for the above purposes –without them, the contractual relationship may not be established / continued.
Conferred personal data are accessible to the Data Controller’s staff that needs to process them to fulfil the above-mentioned purposes, i.e. staff belonging to administrative, ICT, internal audit and compliance, HR, accounting units as well as other staff members that need to process said data to fulfil their professional duties; data may also be communicated to other companies of the Menarini Group to pursue the same purposes indicated above and/or for administrative purposes. The person submitting the Forms warrants to have cleared all obligations set out by all the applicable privacy, employment and other laws/regulations to disclose personal information of third parties referred to in the Forms and processing by the Controller as specified herein, including, where applicable, handing a copy of this information notice over to the third parties referred to in the Forms and collecting their consent. You shall keep evidence of such consent collection and disclose it to the Data Controller on request. You shall hold the Data Controller harmless for any consequence faced for failure to clear such data disclosure requirements.
Conferred data may also be processed, also in foreign countries, by: (i) institutions, authorities, government bodies/agencies for their institutional purposes, as required by the applicable laws; (ii) professionals, consultants –working either in partnership with other professionals or as sole traders- and service providers to which the company outsources commercial, professional or technical services (such as IT and Cloud Computing services) to pursue the purposes outlined above; (iii) third parties in case of mergers, acquisitions, take-overs of companies or company branches, audits or other extraordinary operations; (iv) to the Supervisory Bodies of the Data Controller in charge of enforcing the Code of Conduct, for the pursuit of its supervisory purposes. Said recipients will only receive data required to fulfil their roles and will commit to process them in compliance with the applicable data protection laws. Data may also be communicated to other legitimate recipients pursuant to the applicable laws. Said data recipients will process the above personal data, as the case may be, in the capacity as data controllers, data processors or persons authorised to process personal data, for the purposes indicated above and in compliance with the data protection laws.
Transfers to other countries shall take place in accordance with the applicable laws, subject to appropriate safeguards (e.g., contractual clauses concluded with the recipients, in line with legal requirements). More details on the safeguards are available on request. By agreeing to the terms of this notice, you explicitly consent to such transfers.
Except as above specified, personal data are not communicated to third parties and are not disseminated.
By contacting the Data Controller or its Data Protection Officer (dpo@menarini.com), you and the persons referred to in the Forms may exercise the applicable rights afforded by the law, such as the right to obtain confirmation about whether or not the Data Controller is processing Your personal data, verify their source, content, exactness, location (including the countries to which they may have been transferred), obtain a copy, ask their rectification and, where the applicable law so provides, restrict or object to their processing, obtain their erasure, inform the DPO about any use of the data that appears as inappropriate or lodge a complaint with the Supervisory Authority of your country. Those based in the EEA may report issues to the privacy authority of their country: https://edpb.europa.eu/about-edpb/about-edpb/members_en.
By ticking I agree:
- You confirm you have read and understood the Privacy Notice;
- You confirm you consent to the collection, use, disclosure, storage and any other processing of your data specified in the Privacy Notice, including its transfer abroad;
- If you supply personal data of third parties, you warrant you have cleared all the obligations required by the applicable laws for the processing of such data by the Menarini company concerned for the purposes specified in the Privacy Notice (including, if applicable, collect such third parties’ consent and/or informing them of the processing by Menarini).