Last update: April 2023 

PRIVACY POLICY

At E-GAP, in order to properly perform Our work, we collect and use information about You and therefore we are committed to protecting and respecting Your privacy. This Privacy Policy (hereinafter, the “Policy”), as set forth in Article 13 of the European Regulation No. 679/2016 (hereinafter, “GDPR” – General Data Protection Regulation), describes our rights with respect to the information collected that We process and the measures We take to protect Your data.

Summary:

1. Data controller and useful definitions for an informed reading
2. Data Processor 
3. Legal basis of the Processing
4. Data Processing

4.1  Automatic collection of certain Data

4.2 What are the purposes of the Processing?

4.3 Sharing of Personal Data with Third Parties

4.4 Transfer of Data

4.5 Data Security. Where Personal Data is stored and processed

4.6 How long do we store your Data?

4.7  Do we process your data through an automated process?

5. Processing of Application Data sent to E-GAP
6. User rights
7. Changes to this Privacy Policy

 

 

1.       Data controller and useful definitions for an informed reading

E-GAP Germany GmbH of “E-GAP” (fiscal code HRB 276585) with registered office in Balanstraße 73 – 81541, Munich is a company affiliated with E-GAP S.r.l., a benefit company under Italian law with registered office in Via Flavia, 3 – 00187 Rome and registered with tax code and VAT number 14253861000.

E-GAP S.r.l. acquires the Personal Data that You provide to us through the App and website and is, therefore, the Data Controller; E-GAP S.r.l. has appointed E-GAP Germany GmbH as the External Data Processor so that it receives and processes Your Personal Data exclusively to provide You with the service requested in Germany.

Therefore, E-GAP (External Data Processor) collects your personal data on behalf of E-GAP S.r.l. (Data Controller) pursuant to the GDPR.

When we speak of “Customer” or “User” we refer to you as the recipient of our services.

With the term “Services” and / or “Products” we mean all the products and services that we offer and that you can purchase through the E-GAP application, or through the Web platforms that we make available to you.

When we refer to “Devices” or “Computers” we mean any technological device, connected to the Net, through which you interact with Us.

Finally, when we speak of “Personal Data” or “Data” we refer both to the data that You provide us directly for the use of our services and to the data that are automatically collected, relative to Your interaction with our website and with our App.

When we refer to “Processing” we are referring to the processing of your Personal Data.

2.       Data Processor

E-GAP has appointed an Internal Data Processor who can be contacted at the following e-mail address: privacy@e-gap.com

3.       Legal basis of the Processing

As stated in Article 6 of the GDPR, E-GAP processes your Personal Data only if there is an appropriate legal basis provided by the applicable law and for the achievement of specific purposes. In particular, the legal basis justifying the Processing of Personal Data provided by you may be:

• your express, free, specific, informed and unambiguous consent to the Processing;
• the performance of a contract to which you are a party or the performance of pre-contractual measures taken at your request
• the pursuit of our legitimate interests; or
• to comply with legal obligations.

You are under no obligation, either by law or by contract, to provide us with your Personal Data. However, for the provision of all our Services and “additional services” that we may offer you, your failure to provide us with and/or give us your consent will make it impossible for us to perform the requested service, as it is dependent on the knowledge of certain of your Personal Data, such as, for example, your first and last name, your e-mail address and telephone number, your location.

Where the lack of providing certain Personal Data makes it impossible for us to provide the Service or to provide you with the information you request, the Data that you will have to provide will be marked as mandatory (*Mandatory fields).

4.       Data Processing

We receive and retain any Data you provide to us in an informed, unambiguous, specific and free manner in connection with the Services we offer. You may choose not to provide certain Data but, if you do, you may not be able to use some of our Services.

The Personal Data you provide us through interaction with your Device on our Website, App or by contacting Customer Service are:

• your name and surname;
• your date of birth;
• your telephone number;
• your e-mail address;
• your geolocalization;
• your language;
• your E-GAP account password;
• billing information;
• your profession and role;
• documents relating to your identity and possibly your company data;
• the email addresses of your friends and other people you think may be interested in our Services;
• the contents of reviews and emails sent to us;
• the log and configuration files of your Device, including your wi-fi credentials, if you choose to automatically synchronise them with your other Devices;
• Data required to make payments for any Services you have requested;
• if applicable, any promotional codes with which you registered for the App;
• your applications.

Please note that all the Data listed will be required to enable us to provide the Services, only if you request them.

4.1    Automatic collection of certain Data

We automatically collect and use Personal Data necessary for the use and display of our website on the Internet-enabled device you use:

• your Internet Protocol (IP) address;
• information about your Computer, your Device and your connection, such as the applications on your Device or the type and version of your browser, operating system or time zone you have set;
• the location of your Device or Computer when you request our Service (geolocation);
• the telephone numbers you use to call us and your interaction with the content on our website.

We use your personal information for direct marketing by e-mail if you have accepted this option in the relevant contact form. You can decide to stop receiving marketing communications when you wish. To find out more, please also read the the section on Cookie Policy.

4.2    What are the purposes of the Processing?

Personal Data will be collected and processed by us for the following purposes:

• to receive and process your requests, provide you with our Products and Services, and communicate with you about Products, Services and any promotional offers;
• to provide the Services you have requested by registering on the Website and creating your account;
• to provide specific “additional services”, including through the assistance and/or collaboration of third party suppliers;
• to provide you with assistance when you request it by contacting us via e-mail, chat or telephone;
• to adapt content and resources to your preferences and the preferences of other Users;
• to communicate with you, respond to your requests or questions by phone, chat or email;
• to send you other information and e-mail communications that may be of interest to you;
• to create, publish and improve content that is most relevant to you and other Customers;
• to ensure that the content provided through our website is presented in the most effective way for you, based on your Device;
• to allow you to participate in interactive features of the website, if you wish so;
• to send push notifications directly to your Device;
• to further develop the Website and our systems to provide you with a better Service;
• for marketing purposes (such as newsletters, sending information, market researches, satisfaction surveys) if you choose to and, therefore, with your express consent.

In any case, E-GAP is available to clarify the specific legal basis that applies to the Processing, and in particular whether the provision of Personal Data is a legal or contractual obligation, or a requirement necessary to entering into a contract.

4.3    Sharing of Personal Data with Third Parties

We do not sell your Personal Data to third parties.

However, E-GAP may disclose your Information to other E-GAP’s group companies or subsidiaries, which are subject either to this Policy or to procedures that provide protections similar to those described in this Policy.

To facilitate the efficient use of information and to provide Users with content and/or resources, information may be disclosed to third parties.

These third party service providers have access only to the Personal Data necessary for the performance of their activities, but they may not process the Data of which they become aware for any other purposes. In addition, these third party service providers are required to process all Personal Data of which they become aware in accordance with this Privacy Policy and applicable laws.

In cases other than those listed above, your Personal Data will only be shared with third parties with your explicit consent and you will have the opportunity to choose whether or not to allow further communications from third parties.

Your Data may then be processed by E-GAP’s technical service providers, in particular by:

Who?	Why?
Salesforce	CRM
Stripe	Payment solutions
Matomo Analytics	Audience profiling

4.4     Transfer of Data

We do not sell your Personal Data to third parties and process it mainly within the European Union.

We process your Personal Data primarily within the European Union. If your Personal Data is transferred outside the European Union, we will ensure that it is transferred in accordance with this Policy, applicable regulations and to a country that provides a level of protection at least equivalent to the GDPR.

In the course of E-GAP’s development, we may sell or buy other companies or services. In this case, E-GAP is committed to ensuring the protection of your Personal Data and including compliance with this Policy in the terms and conditions of the intended transaction.

4.5      Data Security. Where Personal Data is stored and processed

We use high security standards for the Processing of your Data and we are committed to taking all measures reasonably necessary to ensure that the Processing is carried out in a secure way and in accordance with this Policy, and all persons who are involved in the Data Processing process on our behalf have been trained, instructed and appointed by us to ensure that your privacy is respected.

As explained in section “4.3 Sharing of Personal Data with Third Parties”, we do share your Data with third party suppliers, contractors or agents, but – even when we use them – the Personal Data remains under our control, while we make sure that it is adequately protected.

E-GAP has designed all the systems through which your Personal Data is collected, stored and processed to the highest security standards to ensure that your privacy is respected.

The software we use is Salesforce and for the payment methods of our services we use Stripe, which is also used to manage your credit card data. Despite the constant updating of this software, there is always a residual risk and we cannot therefore guarantee absolute security with regard to attacks on it.

4.6    How long do we store your Data?

We keep your Personal Data for a period of time not exceeding that which is necessary according to the purposes for which it was acquired and, in any case, not longer than 10 years from the termination of the contractual relationship, after which it will be irreversibly deleted or anonymised.

Payment Data is kept for a maximum of 12 months from the date of collection.

We need to keep your Data to enable you to use the Services you have requested on an ongoing basis, but also for tax and accounting purposes or – subject to your consent – for commercial purposes.

We may also need to retain your Data for a period longer than the aforementioned, in the event that we are required to comply with legal obligations or for the handling of any claims or disputes or to enable us to defend ourselves against possible claims relating to our contractual relationship, as well as to comply with the express provisions of this Policy.

4.7    Do we process your data through an automated process?

E-GAP may process your Data through automated systems/processes and automated decision making (such as profiling) to provide you and our Customers with the Services you have requested in the best possible way. For example, in order to implement the Services in the areas with the highest demand for our intervention, we may carry out an automated profiling process to identify the areas where we should focus our efforts.

5.    Processing of Application Data sent to E-GAP

All the provisions of this Policy also apply if you would like to work with us, either by applying by e-mail or on our website in the “careers” section.

We retain the Data you send us with your application in order to assess compatibility with any job openings at E-GAP; however, without your consent to the Processing, we cannot consider any application and will not be allowed to contact you, conduct interviews or check the references you provide.

Depending on the job offer for which you are applying and depending on the different countries where E-GAP is present, your Data may be transferred to other companies of the E-GAP group, which will in any case process your Data in accordance with this Policy and applicable law.

We may possibly use dedicated digital platforms and technology service providers who, by ensuring standards in accordance with this Policy, with your consent may access your Data in order to manage the selection process of your application.

Without prejudice to the rights set out in paragraph 6 of this Policy, we retain your Application Data throughout the selection process and may, in the event of a negative outcome, retain it for up to a maximum of 6 (six) months after the selection process has been completed.

In the context of our recruitment and depending on the job offer you are applying for and the different countries in which E-GAP operates, your Data may be transferred to other companies of the E-GAP group, in accordance with our Policy.

 

6.    User rights

Pursuant to Articles 15-22 of the GDPR, to which we refer for further details, you have the right to:

• access and obtain a copy of your Personal Data;
• request the updating and/or rectification of your Personal Data;
• request erasure of your Personal Data, i.e. benefit from the “right to be forgotten”, however, this right is subject to legal obligations that may require us to retain the Data;
• obtain the restriction of the processing of your Personal Data;
• obtain the Personal Data you provide in a structured, commonly used and electronically readable format, so that we can transmit it to a different data processor if necessary;
• object to the processing.

To the extent that the Processing of Personal Data is based on your consent, you also have the right to withdraw your consent at any time. Withdrawal of consent shall not affect the lawfulness of any Processing based on consent given prior to such withdrawal.

With regard to direct marketing and prospecting messages, you may at any time request that these communications be discontinued by unsubscribing, via the systematic link provided in these messages.

You may also lodge a complaint regarding the processing of your Personal Data with your local Data Protection Authority.

 

7.       Changes to this Privacy Policy

Any material changes to this Policy will be made by posting a notice on our website or by contacting you through other channels.

Questions, comments and requests regarding this Policy are welcome and should be addressed to E-GAP, at the following e-mail address: privacy@e-gap.com.