NOTICE REGARDING THE PROCESSING OF USERS’ PERSONAL DATA FOR THE PURPOSE OF SENDING COMMERCIAL COMMUNICATIONS (NEWSLETTERS)

1. Data controller and scope of the processing

Grimaldi Group, as data controller, is required to provide you with some information regarding the methods and purposes relating to the processing of personal data, pursuant to Article 13 of Regulation (EU) 2016/679 (“GDPR”).

The processing operations concern Your personal and contact data (i.e. name, surname, e-mail, telephone number, etc.) and, possibly, data related to Your preferences in case You give Your consent collectively the “Personal Data”.

2. Purpose and legal basis of the processing

Personal Data will be processed, based on your consent pursuant to art. 6, paragraph 1, letter a of the GDPR, for purposes related to the execution of your request for subscription to the newsletter managed by Grimaldi Group. In particular, your Personal Data will be processed:

1. for sending communications via e-mail, for promotional purposes and general marketing;
2. for profiled marketing activities and the sending of communications by e-mail, if You have given Your consent for this purpose;
3. for the extraction of statistical information anonymously.

With reference to letter b), it should be noted that Article 4 of the GDPR defines profiling as “any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning the professional performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements of that natural person”. Therefore, it can be considered as an activity aimed at collecting and processing data relating to its customers, in order to divide them into groups according to their behaviour. If you give Your consent, Your Personal Data may be processed in order to trace a “history” of Your business relationship with the Grimaldi Group (for example, the different “touch points” with the Grimaldi Group, the interaction modalities You used, your purchasing preferences and frequency, and what your goals might be based on performance indicators). This activity aims at elaborating a profile of Yours in order to personalize the offer of services and eventual specific services requested by You.

3. Right to object

In relation to the purpose described in letter a) of the preceding paragraph, you have the right to object at any time to the processing of your Personal Data carried out for the described purposes, by sending a request to the e-mail address indicated below in the paragraph “Rights of the data subject”, as well as using the channel that will be indicated in the communications that you will receive, or by clicking on the appropriate link in the e-mails that will be sent to you.

4. Disclosure of Personal Data and retention times

Personal data shall be retained 24 months from registration to the newsletter for general marketing purposes and 12 months from obtaining the consent for profiled marketing.

We would also like to inform You that Your Personal Data may be made accessible to other companies, including those not belonging to the Grimaldi Group, that provide services essential to the performance of marketing activities, even subject to Your explicit consent, such as the hosting of websites and web systems, e-mail services, sponsorship of competitions and other promotions, audit services, data analysis, market research and satisfaction surveys.

It may be necessary for Grimaldi Group – based on laws, legal proceedings, disputes and/or requests made by public or governmental authorities inside or outside your country of residence, national security purposes or other matters of public importance – to disclose Your Personal Data. When legally possible, we will inform you prior to the disclosure.

We may also disclose your Personal Data to additional third parties if we determine in good faith that such disclosure is reasonably necessary to enforce and protect the rights of the Grimaldi Group and to pursue available remedies.

INFORMATION ON THE PROCESSING OF PASSENGERS’ PERSONAL DATA

The table below provides a brief summary of the information reported on the next page.

1. Data controller and scope of data processing

We inform You, according to art. 13 GDPR, that the personal data, identification data (i.e. name, surname, nationality, gender, e-mail, telephone number and, if You request the issuance of an invoice, also address, tax code and VAT number) and possibly belonging to special categories (i.e. data related to health), provided by You to Grimaldi Group during the stipulation of the contract of carriage by sea, will be processed in compliance with the above mentioned law and the obligations of confidentiality. All data of natural persons identified as passengers (i.e. persons who use the travel ticket) will be processed. The booking holder undertakes to inform all passengers on whose behalf the booking is made of the content of this notice. Personal data relating to a third party that you may have indicated and identified as an emergency contact may also be processed.

Data processing operations concern the following:

• personal data and contact details of passengers;
• contact details of third parties identified as emergency contacts, if requested by the passenger
• data concerning membership of professional categories – i.e. membership of professional associations, police forces – or membership of loyalty or association programs signed with third party companies – e.g. Trenitalia, Payback, Telepass, Poste Italiane, ACI etc. (to obtain discounts on services offered by the company).

We also remind You that the processing may concern the following data belonging to special categories pursuant to art. 9 of the GDPR, if spontaneously provided by passengers in order to take advantage of special assistance on board or if otherwise processed by on-board personnel in the event of emergencies and/or accidents to the passenger’s person during navigation:

• information about a limitation of one’s mobility;
• Information about disabilities;
• information about particular health conditions;
• information about any special needs of the passenger in relation to any treatment that may be necessary in case of emergency, due to the state of health of the passenger.

Grimaldi Group does not guarantee or provide information about the processing of your personal data that may be carried out through additional contact channels with Grimaldi Group managed by third parties (eg. Facebook), which remain the sole responsibility and ownership of such third parties.

2. Purposes of data processing

Dati not belonging to particular categories will be processed for the following purposes:

1. management of requests for quotes;
2. conclusion, management and execution of the operations related to the contract of carriage by sea, including Your identification, also through the chatbot service activated by Grimaldi Group;
3. communications (also by telephone, also through re-contact by the Grimaldi Group call center in case of missed calls by the passenger) of logistical information on the trip and/or generally useful to the passenger to face the departure (e.g. delays, departure pier, organization on board, etc.);
4. on-board communications;
5. provision of purchased products and services aboard ship;
6. extraction of statistical information anonymously;
7. transmission of your data to maritime agencies, terminals and port authorities, judicial authorities and law enforcement agencies;
8. contact of third parties indicated as “emergency contacts”, pursuant to Directive (EU) 2017/2109;
9. sending communications by e-mail, for promotional and marketing purposes, if you have given Your consent for this purpose (“generic marketing”);
10. sending communications via email, for promotional, marketing and/or brand reputation protection purposes, as a result of profiling, if you have given your consent for this purpose (“profiled marketing”);
11. sending of questionnaires anonymously for the purpose of improving the services offered by the Grimaldi Group, as well as sending information relating to: (a) the operational organization of the Grimaldi Group (even if not related to the trip purchased by the interested party); (b) products/services similar to those chosen by the passenger (including, by way of example and not limited to: offers for trips similar to those purchased; offers for travel insurance; etc.. ); as well as (c) offers, discounts, rewards and / or promotions offered by the Grimaldi Group on products/services available on board (for example bar services, restaurants, etc.) and/or offered, even if not on board the ship, by third party partners of the Grimaldi Group, in the context of gifts and / or promotional initiatives reserved for passengers (including, by way of example and not limited to, in the case of co-marketing initiatives, which allow Grimaldi Group to include coupons with offers of third parties on the back of Your ticket, etc.). In the latter case, no promotional communication will be made to you by the partners of the Grimaldi Group, nor any transfer of your personal data to such partners, unless you give your explicit and informed consent in this sense.

Finally, in relation to point 10, we inform you that Article 4 of the GDPR defines profiling as “any form of automated processing of personal data consisting in the use of such personal information to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects of personal preferences, interests, behaviour, sensitivity to commercial offers, the location or movement of that natural person”. Therefore, it can be considered a personal data processing activity that consists in dividing customers into homogeneous groups according to their behavior. If you give Your consent, Your Personal Data may be processed in order to trace a “history” of Your business relationship with the Grimaldi Group (for example, the different “touch points” with the Grimaldi Group, the interaction modalities You used, the preferences and the purchase frequency may be taken into consideration). This activity aims at elaborating a profile of Yours in order to personalize the offer of services and eventual specific services requested by You. If you decide to participate in Grimaldi Group brand reputation initiatives, we may process your data to reserve you ad hoc promotions.

It is understood that the activities referred to in paragraphs 9, 10 and 11 above will be carried out only on the personal contact data of the booking holder, i.e. the person who provided his or her e-mail address during the booking process.

Data belonging to special categories will be processed for the following purposes:

1. guaranteeing passengers who so request the use of special assistance on board;
2. in case of emergency and/or accident of the passenger on board, guaranteeing passengers who so request special care and/or assistance due to their state of health;
3. apply any special discounts that may be provided for disabled persons and their companions, if the passenger has given his or her consent for this purpose.

3. Retention of personal data

Personal data are retained according to the table below, unless specific legal and/or regulatory obligations or the need to defend a Grimaldi Group right in court require different retention periods:

4. Legal basis

The legal basis for the processing operations listed above in paragraph 2, numbers 1 to 7, is the need to execute an agreement or pre-contractual measures in the interest of each passenger (Art. 6, paragraph 1, letter b, GDPR), as well as the need to comply with a legal obligation to which the data controller is subject (Art. 6, paragraph 1, letter c, GDPR).

The legal basis for the processing operations listed above in paragraph 2, number 8 , consists in the need to fulfil a legal obligation to which the data controller is subject (Art. 6, paragraph 1, letter c, GDPR).

The legal basis for the processing operations listed above in paragraph 2, numbers 9 and 10, is Your consent (Art. 6, para. 1, letter a, GDPR).

The legal basis for the processing operations listed above in paragraph 2, number 11, is the legitimate interest of the Grimaldi Group (Art. 6, paragraph 1, letter f, GDPR). In the event that the Grimaldi Group sends you electronic communications regarding products/services similar to those you have chosen, the legal basis is the application of art. 130, paragraph 4, of Legislative Decree no. 196/2003.

You will in any case have the right to object, at any time and at no cost, to the processing activities referred to in paragraph 2, numbers 9, 10 and 11 (limited to the activity of soft spam), even revoking the consent given, by sending a request to the e-mail privacy@grimaldi.napoli.it, as well as using the channel that will be indicated in the communications that you will receive, or by clicking on the appropriate link in the e-mails that will be sent to you.

The legal basis for the processing operations listed above in paragraph 2, numbers 12 and 13, is found in the existence of grounds of substantial public interest based on the law of EU or of Member States, which must be proportionate to the purpose pursued, respecting the essence of the right to data protection and providing for appropriate and specific measures to protect the fundamental rights and interests of the data subject, as well as in the purpose of the provision of healthcare on board (Art. 9, paragraph 2, lett. g and h GDPR).

Finally, the legal basis for the processing operations listed above in paragraph 2, number 14, is the consent of the passenger (Art. 9, paragraph 2, letter a, GDPR).

5. Data transfer

Please note that passenger data may be communicated not only to other companies belonging to the Grimaldi Group, but also to entities established in third countries, even outside the territory of the European Union, in accordance with the principles established by the Regulation.

In particular, the communication of the data to shipping agencies is foreseen as these agencies act on behalf of the shipowner to transmit the data to the Authorities.

The shipowner is also required to communicate passenger data in advance to the terminal which, in compliance with security, will be responsible for communicating the data received to the competent Authorities (e.g. Port Authority, Border Police, Financial Police and Customs).

In addition, Grimaldi Group can directly communicate passengers data to the above mentioned Authorities

6. Disclosing your data

We also inform you that the aforementioned processing of personal and sensitive data inherent, connected with and/or instrumental to the maritime transport agreement, may provide for access to such data by:

1. Public authorities pursuant to the Circular of the Ministry of Infrastructure and Transport No. 104/2014 in compliance with Directive 98/41/EC (i.e. harbor master’s office and port authority);
2. Ministry of Infrastructure and Transport – General Command of the Port Authority Corps;
3. Judicial authorities and Police Forces, even when such communication is deemed reasonably necessary by the Grimaldi Group to ascertain or defend its own right;
4. On-board doctor, in case of emergencies and/or personal injury to the passenger;
5. Ticket offices, terminals and shipping agencies for the organization of embarkation/disembarkation operations;
6. Catering companies, for the supply of products and services on board ship;
7. External companies involved in the organization of events on board ship;
8. Companies with which you have subscribed to loyalty or membership programs – e.g. Trenitalia, Payback, Telepass, Poste Italiane, ACI, etc. – which, by virtue of an agreement with the Grimaldi Group, guarantee you access to discounts on services offered by the company;
9. Legal firms, should disputes arise;
10. Insurance companies both when booking tickets and making claims;
11. Experts dealing with complaints;
12. Companies, including those not belonging to the Grimaldi Group, which provide other services essential to the provision of maritime transport or the performance of marketing activities, including those subject to your express consent, such as the hosting of websites and web systems, e-mail services, marketing, sponsorship of competitions and other promotions, audit services, data analysis, the conduct of market research and satisfaction surveys.

The need to communicate passenger data to the authorities referred to in point no. 1 stems from the requirement to count and register people on board passenger ships, which is the subject of Ministry of Infrastructure and Transport Circular No. 104/2014.

The data relating to the emergency contact reported by passengers as well as the data relating to particular categories provided for the provision of special care and/or assistance in the event of an emergency, will be communicated, before departure or in any case no later than 30 minutes after departure, to the captain and the commissioner of the ship where the passenger is and in any case included by Grimaldi Group in the single national interface provided in accordance with Directive (EU) 2017/2109 in order to ensure the preparation and effectiveness of search and rescue operations at sea.

It may be necessary for Grimaldi Group – based on laws, legal proceedings, disputes and/or requests made by public or governmental authorities inside or outside your country of residence, national security purposes or other matters of public importance – to disclose your personal data. When legally possible, we will inform you prior to the disclosure.

We may also disclose personal data if we establish in good faith that it is reasonably necessary to assert and protect our rights and activate available remedies.

7. Nature of data provision and consequences of any failure to comply

The communication of data not belonging to particular categories (with the exception of the data relating to the emergency contact that may be indicated) is necessary for the exact execution of the contractual and pre-contractual obligations to be fulfilled by us, and failure to indicate such data will make it impossible to conclude the sea transport contract you have requested, as well as to exactly fulfil the legal obligations and those deriving from the public interest to protect safety in ports.

Communication of data relating to the passenger’s “emergency contact” is, on the other hand, optional: failure to provide such data will therefore have no impact on the conclusion of the sea transport contract requested.

The communication of data belonging to special categories is optional. However, if such data will be provided, Grimaldi Group will be able to better meet the needs of passengers and provide them with the necessary assistance, as well as apply – in the cases and ways provided – the special discount applied.

8. Grimaldi chatbot assistance

You will be able to proceed with the booking request also with the help of Grimaldi chatbot (the software support provided by an external supplier and contracted by Grimaldi Euromed to simulate a conversation with a human being (chatbot)).

Grimaldi chatbot collects the following personal data of passengers: name, surname, cell phone number, e-mail address, departure date, route, booking confirmation number. This personal data processing activity is carried out in order to allow you to book your ticket and/or to receive assistance for an already booked ticket with greater ease, and is lawful on the basis of the execution of pre-contractual measures put in place in the interest of passengers (art. 6, paragraph 1, letter b, of the GDPR).

Grimaldi chatbot is programmed to respond as if it were a human being: it uses algorithms for natural language processing, as well as machine learning processes to learn from other users the answers that could be useful to You. The human operator may still intervene if you do not receive your ticket and/or if you have problems with the payment of your ticket.

The messages you send are saved on the database of the owner, and are made anonymous after 2 years of their acquisition. These data will not be transferred outside the territory of the European Union.

Grimaldi Group does not guarantee or provide information about the processing of personal data of passengers that may be carried out through additional contact channels with Grimaldi Group managed by third parties (eg. Facebook), which remain the sole responsibility and ownership of such third parties.

9. Changes to this document

Grimaldi Group reserves the right to update the content of this notice regarding the processing of personal data of its passengers in accordance with applicable national legislation on personal data protection. Any news related to the updating of this information notice will be communicated to the interested parties in the manner defined by Grimaldi Group.

INFORMATION ON THE PROCESSING OF PERSONAL DATA OF USERS WHO WISH TO MAKE A COMPLAINT

1. Data controller and scope of data processing

This information is provided by the company Grimaldi Group as data controller pursuant to and for the purposes of Article 13 of Regulation (EU) 2016/679 (“GDPR”) in order to provide you with certain information regarding the processing of personal data carried out for the purpose of handling the complaint submitted by you on your own behalf and/or on behalf of another third party (the “Complaint”). If You submit the Complaint on behalf of a third party, You agree to disclose the contents of this Notice to the third party.

The processing relates to the common personal data relating to You and/or to the third party on whose behalf the Complaint is lodged (the “Data Subjects”), including but not limited to: personal and contact details (including identity document details), details of the payment method by which compensation may be obtained as a result of the Complaint, travel and/or transport contract identification (where applicable), etc. (the “Personal Data”).

2. Purpose and legal basis of the processing

The processing of Personal Data is aimed at the management of the Complaint, and is lawful based on the fulfilment of obligations of a contractual or pre-contractual nature existing with the Interested Parties as well as the fulfilment of legal obligations arising for the Grimaldi Group from the Complaint (art. 6, paragraph 1, letter b, c, of the GDPR). The provision of Personal Data is necessary: without Personal Data, it will not be possible to process the Complaint.

3. Disclosure of Personal Data and retention times

Personal Data may be communicated to other companies of the Grimaldi Group, to consultants and/or suppliers of the Grimaldi Group where necessary for handling the Complaint (including, by way of example, legal consultants), as well as to the Judicial Authorities and/or other Authorities required by law. Personal data will not be transferred outside the territory of the European Union.

Personal Data will be deleted 24 months after the processing of the Complaint, unless specific obligations imposed by the law and/or regulations and/or applicable circulars and/or competent Authorities require a different retention period, or a longer retention period is necessary to defend a right of the Grimaldi Group or of the other companies of the Grimaldi Group in court and/or in a preliminary phase of proceedings.

NOTICE REGARDING THE PROCESSING OF PERSONAL DATA IN CONNECTION WITH CONTRACTS FOR THE TRANSPORTATION OF GOODS AND THE ISSUANCE OF “DRIVER CARDS”.

1. Data controller and scope of data processing

This notice is provided by the company Grimaldi Euromed as data controller, pursuant to and for the purposes of Article 13 of Regulation (EU) 2016/679 (“GDPR”).

The processing operations concern personal and contact data of Shipper, Consignee and Notify, Customers, Invoice Payer and Driver (the “Personal Data”).

2. Purpose and legal basis of the processing

Personal Data will be processed for purposes related to the obligations arising from the contract of carriage of goods or the issuance of the “Driver Card”. Data will be processed for the following purposes:

1. to manage requests for quotes;
2. to conclude, manage and execute the operations related to the contract of carriage of goods;
3. to send logistical information about the trip (e.g. delays, departure pier, etc.);
4. to transmit data to maritime agencies, terminals and port authorities, law enforcement and judicial authorities;
5. to manage “Driver Card” issue requests;
6. to manage the “Driver Cards” issued;
7. to guarantee the benefits provided by the “Driver Card” to the companies providing the services covered by the agreement;
8. To extract anonymous statistical information.

The legal basis of the processing operations listed above from point 1 to point 3 is found in the fulfillment of contractual obligations, pre-contractual and legal measures in order to manage the maritime transport contract (Art. 6, paragraph 1, letter b, of the GDPR).

For point 4, the legal basis of the processing is found in the fulfilment of legal obligations to which Grimaldi Euromed is subject and in the public interest in the protection of safety in ports (Art. 6, paragraph 1, letter c, of the GDPR).

For the points 5, 6, 7 and 8 the legal basis of the treatment is found in the execution of pre-contractual measures adopted at the request of the person concerned, in the fulfillment of legal obligations in order to manage the process of issuing the “Driver Card” and the use by the interested parties of the benefits provided by the card, as well as in the legitimate interest of Grimaldi Euromed to the management of the “Driver Card” itself (art. 6, paragraph 1, lett. b, c, f, of the GDPR).

The provision of Personal Data is necessary for the proper performance of contractual and pre-contractual obligations of Grimaldi Euromed and failure to provide them makes it impossible to process your requests related to entering into a contract of carriage of goods, the issuance and management of the “Driver Card”, as well as to fulfil exactly the legal obligations and those arising from the public interest to protect safety in ports.

3. Disclosure of Personal Data and retention times

Personal Data are stored according to the following table.

Please note that Personal Data may be communicated not only to other companies belonging to the Grimaldi Group, but also to entities established in third countries, even outside the territory of the European Union, with the compliance of appropriate procedures and within the scope of the aforementioned purposes.

It may also be necessary for the Grimaldi Euromed – based on laws, legal proceedings, disputes and/or requests made by public or governmental authorities inside or outside the State of residence of the data subject, national security purposes other matters of public importance – to disclose personal data. When legally possible, we will inform the data subject prior to such disclosure.
We may also disclose personal data if we establish in good faith that it is reasonably necessary to assert and protect our rights and activate available remedies.

NOTICE REGARDING THE PROCESSING OF PERSONAL DATA OF APPLICANTS FOR EMPLOYMENT WITH THE COMPANIES OF THE GRIMALDI GROUP

1. Joint data controllers and scope of data processing

This information is provided, pursuant to and for the purposes of Article 13 of Regulation (EU) 2016/679 (“GDPR”, by the companies Grimaldi Group, Grimaldi Euromed and Grimald Deep Sea, as joint data controllers, pursuant to the agreement signed between them on 21 May 2018, in managing the application and selection process of employees (the “Joint Data Controllers”).
Pursuant to Article 26 GDPR, the aforementioned Joint Data Controllers have established, by means of an internal agreement, their respective responsibilities, for the “HR – Staff” and “Crew” areas, regarding compliance with the obligations arising from the GDPR.

Data processing operations may concern the following:

• personal data and relevant photographs
• information related to previous work activities and training courses.

In order to manage the application and the eventual selection process, it may also be necessary to process special categories of data pursuant to art. 9 of the GDPR (e.g. data revealing racial or ethnic origin, religious or philosophical beliefs, trade union membership, as well as data concerning health) provided by the candidate. The provision of such data is optional. The acquisition and processing of such data will be necessary in order to fulfil the obligations and exercise the specific rights of the Joint Data Controllers or the person concerned in the field of labour law and social security and social protection.

The personal data of the candidates processed by the Joint Data Controllers are, collectively, the “Personal Data”.

The provision of Personal Data is necessary for the management of the application, and failure to provide such data, or the request for their deletion during the selection phases, will make it impossible to proceed with the evaluation of the application and to fulfil exactly the legal obligations and those arising from the applicable national collective labour agreements.

2. Purposes and legal basis of the processing

Personal Data are processed for purposes related to the implementation of activities prior to the signing of the employment contract, based on Article 6, paragraph 1, letter b) of the GDPR.
In particular, Personal Data will be processed:
– for managing applications and the personnel selection process;

– for the extraction of statistical information, anonymously.
3. Disclosure of Personal Data and retention times

Personal Data will be kept for 2 years from the application date for administrative staff and for 3 years from the application date for maritime staff, in order to contact the candidate with regard to further open positions.
Personal Data will not be communicated to third parties, with the exception of companies that provide processing or computer services to the Joint Data Controllers or that carry out activities instrumental to such service, which, in the performance of such activities, may have access to Personal Data.
It may also be necessary for the Joint Data Controllers – based on laws, legal proceedings, disputes and/or requests made by public or governmental authorities inside or outside the State of residence of the data subject, national security purposes other matters of public importance – to disclose personal data. When legally possible, we will inform the data subject prior to such disclosure.
We may also disclose personal data if we establish in good faith that it is reasonably necessary to assert and protect our rights and activate available remedies.