COMPLAINTS HANDLING PROCEDURE
Personal Data Protection Policy (Pursuant to Articles 13 and 14 of European Regulation No. 679/2016)
Before acquiring your personal data, which will be used in the complaints handling procedure, Trenitalia S.p.A. kindly asks you to carefully read the policy regarding personal data protection.
I. Data Controller and DPO
In this section, we indicate our contact persons.
• The Data Controller is Trenitalia S.p.A., with registered office in Piazza della Croce Rossa 1, Rome, Italy, represented by the pro-tempore Chief Executive Officer, and can be contacted at: titolaretrattamento@trenitalia.it.
• The Data Protection Officer can be contacted at the following email address: protezionedati@trenitalia.it.
II. Types of personal data
In this section, we indicate the types of data we have collected.
The personal data being processed fall into the following categories:
Personal data of the complainant/user:
• Customary data regarding the complainant: personal data (name, surname, address), contact details (email).
• Customary data regarding the user (if different from the person submitting the complaint) and any other passengers involved: personal data (name and surname), copy of identity document.
• Optional data: telephone contacts, CartaFRECCIA number.
• Special Data: depending on the nature of the subject of the complaint that has been submitted, Trenitalia may become aware of personal data that falls under the “special” category (e.g. data relating to health). Due to the fact that such data has been manifestly and freely made available to Trenitalia, the claimant or user is not required to give explicit consent for the handling and processing of the complaint in question. Trenitalia would like to assure the claimant or user that such data will be processed exclusively for purposes strictly related and instrumental to the handling and processing of the complaint itself; in the absence of such personal data, Trenitalia will partially or wholly be unable to follow up your request.
The aforementioned data will be processed using electronic and paper-based formats in order to guarantee suitable measures of security and privacy.
For complaints sent via web form – Data acquired automatically while browsing the website:
to ensure the correct functioning of the website, computer systems are used that automatically acquire certain information, which is directly connected to the use of computer protocols, to maintain the proper operation of the system. This information may include, for example: IP address, type of browser used, ISP, operating system, domain name and addresses of websites from which you accessed or exited (referring/exit pages) the site, information on pages visited within the website, access times, time spent on a single webpage, internal path analysis, etc.
In the case of a complaint made with regard to a ticket for FS Treni Turistici Italiani, the personal data will be processed by Trenitalia as Data Controller. The complete policy for FS Treni Turistici Italiani can be consulted at the following link: https://www.trenitalia.com/it/fstrenituristici.html.
III. Purpose of Data Processing
In this section, we indicate why we have collected your data.
Personal data will be processed for the following purposes:
a. Handling and processing of the complaint (Legal basis: contractual);
b. Transfer of the complaint, which may also include potential special data, to authorised complaint handlers (Legal basis: legal – Measure 5.2 Annex A to Resolution article 28/2021 and article 9 paragraph 2 letter g) GDPR);
c. Improvement in the handling of complaints in the event of communication difficulties and/or to speed up response times through the telephone contact details provided by the data subject (Legal basis: Consent).
Provision of the data required to carry out the purposes referred to in points a) and b) is “mandatory” and therefore any refusal will make it impossible for Trenitalia S.p.A. to process the request. Provision of the data necessary to carry out the purpose referred to in point c) is “optional”; therefore, failure to provide the aforementioned data will solely result in making it impossible for Trenitalia S.p.A. to improve its management of the request and/or to speed up its response times.
Any consent given may be freely withdrawn at any time, without prejudice to the lawfulness of the processing of data carried out prior to withdrawal. Withdrawal of consent can be communicated by contacting the Data Protection Officer at the following email address: protezionedati@trenitalia.it.
IV. The data recipients
In this section, we indicate who will process your data and to whom your data will be communicated.
In order to pursue the aforementioned purposes, your personal data will be processed by the following parties:
Parties attributable to Trenitalia S.p.A.:
• Persons authorised to process data (Trenitalia S.p.A. employees)
• IT Services companies
• Other companies from the FS Group
Parties non directly attributable to Trenitalia S.p.A.:
• Insurance services companies
• Other railway or transport companies to which the complaint will be forwarded if the subject of the complaint falls within their competence. These companies will handle the aforementioned complaint and process its associated data as Independent Data Controllers
• Transport Regulatory Authority
• Judicial authorities
• Law enforcement authorities
Your data will only be processed by parties expressly authorised by Trenitalia S.p.A. or by companies acting as Data Processors on behalf of Trenitalia S.p.A., and who have signed a specific contract that duly regulates the processing entrusted to them and their obligations regarding data protection. Your data will never be disseminated. The up-to-date list of data recipients is available by contacting the Data Protection Officer at the following email address: protezionedati@trenitalia.it.
V. Dissemination of data
In this section, we guarantee that your data will not be disseminated.
Your personal data will never be published, displayed or made available/consultable to unspecified parties.
VI. Data retention
In this section, we indicate the length of time your data will be stored.
Personal data that has been provided to us by the data subject will be stored for 10 years from the date the complaint procedure was completed.
VII. Rights of the data subjects
In this section, we indicate the rights we guarantee.
EU Regulation 2016/679 (Articles 15 to 23) grants data subjects the option to exercise specific rights. In particular, in relation to the processing of your personal data, you have the right to request from Trenitalia S.p.A. the following:
• Access: you may request confirmation as to whether or not data concerning you is being processed, as well as further clarifications regarding the information referred to in this policy;
• Rectification: you may request to rectify or add to the data you have provided us, if it is inaccurate or incomplete;
• Deletion: you may request that your data be deleted if they are no longer necessary for our purposes, in the event of revocation of consent or opposition to personal data processing, in the event of unlawful processing, or should a legal obligation for deletion arise;
• Limitation: you may request that your data be processed only for the purposes of data retention, with the exclusion of other processing, for the period necessary to rectify your data, in the event of unlawful processing for which you oppose deletion, if you are required to exercise your rights in court and the data stored by us may be useful to you and, finally, in the event of opposition to data processing and pending the verification of the prevalence of our legitimate reasons over yours.
• Objection: you may object at any time to the processing of your data, unless there are legitimate reasons for us to proceed with processing which prevail over yours, for example to conduct our operations or mount a defence in court.
• Portability: you may request to receive your data, or have it transferred to another data controller as stipulated by you, in a structured format, which is commonly used and readable by an automatic device.
Furthermore, we would like to inform you that if you believe that your rights have been violated, you have the right to lodge a complaint with the Supervisory Authority, which in Italy is the Data Protection Authority.
You may ask to exercise your rights in relation to Trenitalia S.p.A. at any time by contacting the Data Protection Officer at the email address: protezionedati@trenitalia.it..
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