17. Information concerning treatment of personal data, according to legislative decree legislative 30 june 2003, n. 196 (code of protection of the personal data)
In the performances of the Agreement Philips undertakes to process the personal data as defined as in compliance with Legislative Decree 30 June 2003, n. 196 (Code of protection of the personal data). Pursuant to section 13 of Italian Law No. 196/2003, Philips hereby informs that any personal data provided by BUYER are collected and processed in order to fulfil the purchase orders, handling of shipping and invoicing, and thus to fulfil all the contractual obligations; to manage the relationship with the BUYER from the administrative, fiscal, accounting point of view in compliance with the law in force; to assess its solvency, handle litigation (including credit collection); to perform after sale service; evaluate customer satisfaction and to perform marketing and promotional activities to the customers.
BUYER’s personal data will be processed manually and/or by automated systems that guarantee security and confidentiality, according to logics which are strictly connected to the purposes above indicated.
BUYER’s submitting personal data (such as name, address, VAT number) is mandatory to fulfil the obligations imposed by law, and it is necessary as well since connected and instrumental to the management of the contractual relationship. Thus, the refusal to provide personal data causes the impossibility to execute or perform the Agreement.
With reference to the purposes above indicated, collected data may be communicated to the relevant Authorities imposed by law, the companies of Philips group, banks or financial institutions, consultants, contractors, forwarders and service companies, only in the event the disclosure is necessary or functional to the performance of the task assigned to them. Upon placing the purchase order, the Buyer acknowledges and gives hereby its consent that the data provided by the BUYER may be transmitted abroad, even outside European Union, only to affiliated companies, for purposes associated to the management of contractual relationship with the BUYER, in compliance with the requirements set forth by privacy law in force. BUYER’s data will not be matter of dissemination. The data will be disclosed to the employees or third parties expressly appointed by Philips S.p.A. as Data Processor and individuals in charge for the data processing.
BUYER is entitled to exercise all rights granted by section 7 of Italian Law No. 196/2003, such as right to access, request updating, rectification or integration, erasure of the personal data, and the right to object on legitimate grounds to the data processing by writing to Philips Spa,Via Casati 23, 20900 MONZA – Italy - f.a.o. Privacy Officer fax no. +390392036713.
In accordance to the provisions set forth in section 1341, II co. Buyer hereby expressly acknowledges and accepts the following clauses:
3 b) and c) Suspension of performance by Philips;
4 e) Delivery and Quantity;
6) Rights in software, documentation and intellectual property;
7) Limited Warranty and Disclaimer;
8) Intellectual Property Rights;
9) Limitation of Liability;
11) Export/import controls
12) Assignment and set off;
14) Governing Law and Forum;
15) Breach and termination.