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Cookie Policy

ENERGY FISIOTERAPIA S.r.l., (VAT n.: 02673380347) (hereinafter “ENERGY FISIOTERAPIA”), in the person of its legal representative pro tempore, with registered office in Parma, Stradello S. Girolamo, 6/a, in its capacity as Data Controller pursuant to Articles 4 no. 7) and 24 of EU Regulation no. 2016/679 (GDPR), illustrates below the cookie policy (Policy) referring to this website (Site). 

  1. Legal framework 
    1.1. The Policy is based on the following EU and/or national (first and/or second level) regulatory provisions: (i) Directive no. 2002/58/EC of 12.7.2002 (the “ePrivacy Directive”), as amended by Directive no. 2009/136/EC; (ii) Art. 122 of the amended Legislative Decree no. 196/2003 (Privacy Code), which transposed the ePrivacy Directive into the national legal system; (iii) GDPR: Articles 4 no. 11), 7, 12, 13, 25 and 95 (as well as, in particular, Recitals no. 30, 32 and 173); (iv) Guidelines no. 5/2020 adopted on 4.5.2020 by the EDPB, replacing the Guidelines of 10.4.2018 signed by WP Art. 29; (v) Measure No. 231 of 10.6.2021 [web doc. no. 9677876] and No. 224 of 9.6.2022 [web doc. no. 9782890] (and related press release of 23.6.2022) signed by the Italian Data Protection Authority; (vi) Recommendation No. 2/2001 of the WP Art. 29; (vii) Opinion No. 2/2010 of the WP Art. 29; (viii) Opinion No. 4/2012 of the WP Art. 29; (ix) Guidelines No. 8/2020 of the EDPB. 
  1. Cookies and other tracking tools: definition and classification.
    2.1. The “cookies are, as a rule, strings of text that a website (“publisher” or “first party”) visited by the user or a different website (“third party”) places and stores, directly (in the case of the first party website) or indirectly (through the latter, in the case of the third party website), in a terminal device available to the user. 4 no. 1) of the GDPR (e.g. IP address; user name; email address; unique identifier) as well as non-personal data ex art. 3 no. 1) of EU Regulation no. 1807/2018 (e.g. language; type of device used).

    Alongside (or in addition to) them, ‘other tracking tools‘ may exist (and therefore be used), which can be subdivided into ‘active’ (which have almost the same characteristics as cookies) and ‘passive’ (e.g. finger printing). 

    2.2. In addition to the described intrinsic characteristics, cookies (and other tracking tools) may have different peculiarities in terms of time (and, therefore, be considered “session” or “permanent” , depending on their duration), from a subjective point of view (depending on whether the publisher acts autonomously or on behalf of a “third party”) and, finally (but in particular), depending on the purpose of the processing pursued, so that they can be divided into two different (macro) categories: 
  • technical‘, used for the sole purpose of ‘carrying out the transmission of a communication over an electronic communications network, or to the extent strictly necessary for the provider of an information society service explicitly requested by the contracting party or user to provide such service’ (Art. 122(1) of the Privacy Code).
    In this regard, the Privacy Guarantor highlighted, within Provision no. 231 of 10.6.2021 (in continuity with the previous Measure on the subject of 2014), that the “analytics cookies may well be included within the scope of cookies (or other tracking tools) of a “technical” nature (and, therefore, may be used in the absence of the prior acquisition of consent by the data subject), provided that certain conditions are met, aimed at precluding the possibility that, through their use, the direct identification of the data subject (single out) is achieved .
  • profiling”/”marketing” (so-called non-technical), used to link specific actions or recurring behavioural patterns in the use of the functions offered (patterns) to specific identified or identifiable subjects, in order to group the various profiles within homogeneous clusters of different sizes, so that the data controller can, among other things, also modulate the provision of the service in an increasingly customised manner beyond what is strictly necessary for the provision of the service, and send targeted advertising messages (i.e., in line with the preferences expressed by the user when surfing the web). 
  1. Cookies installed on the Site.
    3.1. Within the Site, the following types of cookies have been installed (or may be installed, subject to obtaining the specific consent of the user):

Name

Type

Function

First/Third Part

Duration

YSC

Analytical/Technical

This cookie is set by the YouTube video service on pages with embedded YouTube video to keep track of views.

Part Three

(YouTube)

session

VISITOR_INFO1_LIVE

Analytical

This cookie is set by YouTube to keep track of user preferences for YouTube videos embedded on the site; it can also determine whether the website visitor is using the new or old version of the YouTube interface.

Part Three

(youtube)

6 months

PLL_LANGUAGE

Technician

This cookie is used to remember the languages selected by the user when he or she visits the site again.

Part One

1 year

COOKIEYES-CONSENT

Technician

This cookie keeps track of the user’s choice via the banner cookie.

Part One

1 year

  1. Browser settings.
    4.1. The Data Controller highlights the possibility for the user to delete and block the operation of the cookies described in art. 3 above at any time by using the appropriate setting functions within the browser used: in this regard, the Data Controller adds that, where the user decides to deactivate the technical cookies referred to in art. 2.2. point i), the quality and speed of the services and functions offered and made available on the Site may deteriorate.

    You can find information on how to manage cookies with some of the most popular browsers by visiting the following web pages: 
    https://support.google.com/chrome/answer/95647?hl=it
    https://support.mozilla.org/it/kb/Gestione%20dei%20cookie?redirectlocale=enUS&redirectslug=Cookies 
    https://support.microsoft.com/it-it/help/17442 
    https://support.microsoft.com/it-it/help/4468242/microsoft-edge-browsing-data-and-privacy-microsoft-privacy
    https://support.apple.com/it-it/guide/safari/sfri11471/mac
    https://support.apple.com/it-it/HT201265
    https://help.opera.com/en/latest/security-and-privacy/#clearBrowsingData 

    In addition, ENERGY FISIOTERAPIA indicates below the main web pages of the third parties described in Article 3 above: 
    https://www.youtube.com
    https://www.google.com 

  1. Data subject’s rights.
    5.1. In relation to the user’s personal data, ENERGY FISIOTERAPIA informs that the relevant data subject pursuant to art. 4 n. 1) of the GDPR has the right to exercise the following rights which may be subject to the limitations provided for in art. 2 undecies and 2 duodecies of the Privacy Code: right of access pursuant to art. 15 of the GDPR: right to obtain confirmation as to whether or not personal data concerning the data subject are being processed, as well as the information referred in art. 15 of the GDPR (e.g. purpose of processing, storage period); right to rectification under art. 16 of the GDPR: right to correct, update or supplement personal data; right to erasure under art. 17 of the GDPR: right to obtain erasure or destruction or anonymisation of personal data, where, however, the conditions listed in the same article apply; right to restriction of processing under art. 18 of the GDPR: right to obtain the restriction of the processing of personal data in the cases governed by art. 18 of the GDPR; right to data portability under art. 20 of the GDPR: right to obtain the personal data provided to ENERGY FISIOTERAPIA in a structured, commonly used and machine-readable format (and, where required, to transmit them directly to another Data Controller), where the specific conditions set out in that article are met (e.g. legal basis of consent and/or execution of a contract; personal data provided by the data subject); right to object under art. 21 of the GDPR: right to obtain the cessation, on a permanent basis, of a specific processing of personal data; right to lodge a complaint with the Privacy Guarantor under art. 77 of the GDPR: right to lodge a complaint where it is considered that the processing under analysis violates national and EU legislation on the protection of personal data.  

    5.2. In addition to the rights described in art. 5.1. above), ENERGY FISIOTERAPIA specifies that, in relation to the personal data of the data subject, there is, where possible and conferring, the right to exercise, on the one hand, the (sub)right provided for art. 19 of the GDPR (“The controller shall communicate to each of the recipients to whom the personal data have been transmitted any rectification or erasure or restriction of processing carried out pursuant to article 16, article 17(1) and article 18, unless this proves impossible or involves a disproportionate effort. The data controller shall inform the data subject of such recipients if the data subject so requests”), to be considered connected and related to the exercise of one or more of the rights regulated in articles 16, 17 and 18 of the GDPR; on the other hand, ENERGY FISIOTERAPIA specifies that, in relation to the personal data of the data subject, there is, where possible and conferring, the right to exercise the right provided for in art. 22(1) of the GDPR (“The data subject shall have the right not to be subject to a decision which is based solely on automated processing, including profiling, and which produces legal effects concerning him or her or significantly affects him or her in a similar way”), subject to the exceptions provided for in paragraph 2 below.)

    5.3. Pursuant to article 12 paragraph 1) of the GDPR, ENERGY FISIOTERAPIA undertakes to provide the User with the communications referred in art. from 15 to 22 and 34 of the GDPR in a concise, transparent, intelligible, easily accessible and plain language form: such information shall be provided in writing or by other electronic means, or, at the User’s request, orally provided that the User’s identity is proven by other means. 

    5.4. In accordance with article 12 paragraph 3) of the GDPR, ENERGY FISIOTERAPIA informs you that it undertakes to provide you with information regarding the action taken in respect of a request pursuant to art. from 15 to 22 of the GDPR without undue delay and, in any event, at the latest within one month of receipt of such request; this period may be extended by n. 2 months if necessary, taking into account the complexity and number of requests (in this case, the Controller undertakes to inform the user of such extension and the reasons for the delay, within one month of receipt of the request).

    5.5. The user may exercise the above-described rights at any time (except for the right under Art. 77 of the GDPR) by using the contact details set out in art. 
  1. Contact details.
    6.1. ENERGY FISIOTERAPIA can be contacted at the following address: energyfisioterapia@pec.it

    Parma, 4.6.2024 (date of last update).
    ENERGY FISIOTERAPIA S.r.l.
    (in the person of its legal representative pro tempore)

 
 

 1.See Recital 30) of the GDPR (‘Natural persons may be associated with online identifiers produced by the devices, applications, tools and protocols used, such as IP addresses, temporary markers (cookies) or other identifiers such as radio frequency identification tags. Such identifiers may leave traces which, in particular when combined with unique identifiers and other information received from the servers, can be used to create profiles of natural persons and identify them”), and Article 122(1) and (2) of the Privacy Code (“1. The storage of information in the terminal equipment of a contractor or user or access to information already stored is permitted only on condition that the contractor or user has given his consent after being informed in a simplified manner. This shall not prohibit any technical storage of or access to information already stored if this is for the sole purpose of carrying out the transmission of a communication over an electronic communications network, or to the extent strictly necessary for the provider of an information society service explicitly requested by the contracting party or user to provide such a service. For the purposes of determining the simplified modalities referred to in the first sentence, the Garante shall also take into account the proposals formulated by the most representative associations at national level of the consumers and economic categories involved, also with a view to ensuring the use of methodologies guaranteeing the effective awareness of the contracting party or user. For the purpose of expressing the consent referred to in paragraph 1, specific configurations of computer programmes or devices that are easy and clear for the contracting party or user to use may be used…”); cf, also, p. 15) of Provision no. 231 of 10.6.2021 signed by the Privacy Guarantor: “…there is not yet, to date, a universally accepted system of semantic coding of cookies and other tracking tools that allows to objectively distinguish, for example, the technical ones from the analitycs or from those of profiling, if not based on the indications made by the owner himself in the privacy policy […] the hope that a general coding will be reached quickly”.
2.Cookies designed to collect and store data while a user accesses a website, and disappear once the user has closed the relevant browsing session.
3.Cookies designed to last for a set period of time (e.g. minutes; months; years).
4.Analytical cookies are usually used to assess the effectiveness of an information society service provided by a publisher, for the design of a website or, finally, to help measure traffic (i.e. the number of visitors, also possibly broken down by geographic area, time of connection).
5.Cf. Provision No. 231 of 10.6.2021 signed by the Privacy Guarantor, p. 13/14: ‘The structure of the analytics cookie must then provide for the possibility that it is referable not only to one, but to several devices, so as to create reasonable uncertainty as to the computer identity of the person receiving it. As a rule, this effect is achieved by masking appropriate portions of the IP address within the cookie. Taking into account the 32-bit representation of IP version 4 (IPv4) addresses, which are usually represented and used as a sequence of four decimal numbers between 0 and 255 separated by a dot, one of the measures that could be implemented in order to benefit from the exemption consists in masking at least the fourth component of the address, an option that introduces an uncertainty in the attribution of the cookie to a specific data subject equal to 1/256 (about 0.4%). Similar procedures should be adopted with regard to IP version 6 (IPv6) addresses, which have a different structure and a much larger address space (being made up of binary numbers represented with 128 bits). The Garante also emphasises the need for the use of analytics cookies to be limited solely to the production of aggregate statistics, and for them to be used in relation to a single site or a single mobile application, so as not to allow the tracking of a person’s browsing using different applications or surfing different websites. It is therefore understood that the third parties that provide the publisher with the web measurement service shall not combine the data, even if minimised in this way, with other processing (customer files or statistics on visits to other websites, for example) or pass them on to other third parties, otherwise the risk of user identification would be unacceptably increased, unless the production of statistics by them using the minimised data involves several domains, websites or apps that can be traced back to the same publisher or business group. It is, however, possible to consider lawful, even in the absence of the adoption of the prescribed minimisation measures, the use of statistical analyses relating to more than one domain, website or app attributable to the same data controller, provided that the latter carries out the statistical processing itself, without such analyses resulting in an activity which, going beyond the boundaries of a mere statistical count, actually takes on the characteristics of a processing aimed at making decisions of a commercial nature”.