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DATA PRIVACY STATEMENT (UNDER ART. 13 AND 14 OF EU REGULATION 679/2016) IN CONNECTION WITH APPLICATIONS (i) FOR PARTICIPATION IN/REQUESTS FOR REGISTRATION WITH GME’S MARKETS AND/OR (ii) BROWSING THE GME WEB SITE

Under art. 13 and 14 of "EU Regulation 679/2016 on the protection of natural persons with regard to the processing of personal data", as well as on the free transfer of such data (hereafter:"Regulation"), Gestore dei Mercati Energetici S.p.A (hereinafter “GME”) informs you about the processing of personal data (hereinafter the “Data”) in connection with: applications for participation in the Electricity Market, the Energy Efficiency Certificates Market, the OTC Registration Platform, Market for certificates of release to consumption of biofuels (MCIC) and the requests for registration with the Register of Energy Efficiency Certificates; and applications for participation in the P-GAS, the Gas Market (MGAS),the P-GO, the P-LOGISTICS, the PDC-oil, to the PAR, the requests for registration to the Data Reporting Platform (PDR) and the Privileged Information Platform (PIP), as well as the related rights exercisable by the parties under the Regulation. Furthermore, GME intends to inform you about the processing of personal data collected on this Web site ("Site"), through Technical cookies and Fingerprinting tools.

1. Data and contact Controller
The “Data Controller” is GME, having its registered office in Rome, Viale Maresciallo Pilsudski, 122/124, tel. no. +39-06-8012 4826 begin_of_the_skype_highlighting, fax no. +39-06-8012 4514, info@mercatoelettrico.org, and represented by its interim Chief Executive Officer.

2. Data Protection Officer
GME, based on art. 37 of the Regulations, appointed a Data Protection Officer. His contact details are: 06-80121 and rpd@pec.mercatoelettrico.org.

3. Privacy Officer
GME has also delegated functions relevant to the confidentiality. In relation to specific processing, the "Privacy Officer" is the Head of the “Markets” Direction, and each of the other Heads of the Directions (different from the “Markets” Direction), who will answer any requests about the processing of the Data. A full and updated list of the Privacy officers in charge of the processing is available at GME’s registered office.

4. Personal Data
Any data we process are those that you provide when submitting the aforementioned registration requests, in addition to those always provided by you or generated in the execution of the following activities, and consist mainly of personal identity data (name, surname, place and date of birth, details of the identity document) as well as contact details (e-mail accounts, telephone numbers), as well as the data the disclosure of which is provided for by the applicable rules for individual markets, where appropriate also data taken from public registers and archives. The computer systems and software procedures used to run the Web site acquire, during their normal operation, some personal data whose transmission is implied in the use of Internet communication protocols.

This data category includes the IP addresses or domain names of the computers used by users who connect to the site, the URI (Uniform Resource Identifier) addresses of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (successful, error, etc.) and other parameters related to the operating system and the user's IT environment.

These data, required for the use of the Web site, are processed only for obtaining statistical information on the use of the Services (most visited pages, number of visitors per hour or day, geographical areas of origin, etc.) and to check the correct functioning of the services offered.

The navigation data does not remain on the systems for more than sixty days and they are stored for 24 months for possible need, of the judicial authority, related to verification of crimes. 

Cookie policy

Furthermore, the Web site uses Technical cookies and Fingerprinting tools. Cookies are small text strings that contain information stored on computer or mobile device used by the visitor every time s/he visits an online site through a browser. Cookies allow sites to remember some information that allows the user to navigate in a safe and efficient way. Fingerprinting is a technique that allows to identify the device used by the user by collecting all or some of the information related to the specific configuration of the device itself used by the person concerned.

The interested party may, at any time, manage the cookies on his/her device, including through request of deactivation or cancellation, by specific change of settings of their Internet browser. It is understood that disabling cookies may slow down or prevent access to some parts of the Web site or make navigation within it less functional.

The settings to manage or disable cookies may vary depending on the Internet browser used, therefore, for more information on this point, it is necessary to consult the device manual or the "Help" function of your Internet browser.

Below, there are links on how to manage or disable Cookies for the most popular Internet browsers:

  • Internet Explorer: https://windows.microsoft.com/it-IT/internet-explorer/delete-manage-cookies
  • Google Chrome: https://support.google.com/chrome/answer/95647
  • Mozilla Firefox: https://support.mozilla.org/it/kb/Gestione%20dei%20cookie
  • Opera: https://help.opera.com/Windows/10.00/it/cookies.html
  • Safari: https://support.apple.com/it-it/HT201265

 

5. Purposes of the processing
GME will process data solely for institutional purposes, which are specified below:
a) fulfilment of obligations arising from contractual relationships established with GME; correct management of the contractual relationship and of related obligations; administration and handling of correspondence, including via fax or e-mail;
b) fulfilment of regulatory, accounting and tax obligations, as well as compliance with provisions issued by authorities, regulators, oversight bodies or with administrative practices;
c) collection of pre-contractual or contractual information, including economic and financial assessment, and protection, including in court, of GME’s interests and rights.

The processing referred to in subparagraph a) are necessary to form and execute contracts and in any case to provide the services and carry out the activities you request. The legal basis of this treatment is the contract fulfilment of which the interested party is a party.

The processing referred to in subparagraph b) are necessary to comply with legal obligations. The legal basis of this treatment is the fulfilment of legal obligations, in particular those related to the relevant regulatory framework:
- provision of the Data when submitting applications for participation in the Electricity Market Market is compulsory, since it is required for admission to the respective markets, in accordance with the Integrated Text of the Electricity Market Rules, approved by the Ministerial Decree of 19 December 2003, as subsequently amended and supplemented;
- provision of the Data when submitting applications for participation in the Energy Efficiency Certificates Market is compulsory, since it is required for admission to the same market, in accordance with the Energy Efficiency Certificates Market Rules. These Rules, which GME adopted in consultation with Autorità? di Regolazione per Energia Rete e Ambiente (ARERA – the Italian electricity & gas regulator) under art. 10, para. 3, of the Ministerial Decrees of 20 July 2004, entered into force on the date of their publication on Web site on 9 May 2005 and were approved by ARERA on 14 Apr. 2005 (Decision 67/05);
- provision of the Data when submitting applications for participation in the OTC Registration Platform is compulsory, since it is required for admission to the same platform, in accordance with the Rules Governing the OTC Registration Platform. These Rules were successfully verified by the Director of Markets of ARERA for electricity (Decision of 7 Feb. 2007, as subsequently amended and supplemented);
- provision of the Data when submitting requests for registration with the Register of Energy Efficiency Certificates is compulsory, since it is required for registration with the same register, in accordance with the Rules for Registering Bilateral Transactions of Energy Efficiency Certificates, approved by ARERA on 14 Apr. 2008 (Decision EEN 5/08);
- provision of the Data when submitting applications for participation in the Platform for the Trading of Natural Gas (P-GAS) is compulsory, since it is required for participation in the same platform, in accordance with the Regulations of the Platform for the Trading of Bids/Offers of Natural Gas (P-GAS), approved by the Ministry of Economic Development on 23 Apr. 2010;
- provision of the Data when submitting applications for participation in the natural Gas Market (M-GAS) is compulsory, since it is required for admission to the market, in accordance with the Natural-Gas Market Rules (approved by the Ministry of Economic Development with his Decree of 6 March 2013, as subsequently amended and supplemented), which superseded the Gas Market Rules (approved by the Ministry of Economic Development, after hearing the opinion of ARERA, on 26 Nov. 2010);
- provision of the Data when submitting applications for participation in the P-GO is compulsory, since it is required for admission to the platform, in accordance with the Rules governing the operation of the regulated market and of the platform for registration of bilaterals of guarantees of origin, successfully verified by the Director of Markets of ARERA on 22 Dec. 2011, as subsequently amended and supplemented;
- the insertion of the data regarding the Market Platform Participation Application for the Provision of Mineral Oil Logistics Services (P-LOGISTICS) is mandatory as it is necessary to sign up to the platform, as provided for in Regulation Of the Mineral Oil Logistics Platform (P-LOGISTICS), approved by the Ministry of Economic Development on 5 July 2017;
- provision of the Data when submitting applications for participation in the Mineral-Oil Storage and Transit Capacity Data Reporting Platform (PDC-oil) is compulsory, since it is required for admission to the platform, in accordance with the Regulation Governing the Mineral-Oil Storage and Transit Capacity Data Reporting Platform (PDC-oil), posted on the Web site.
- the provision of data relating to the participation applications to the Platform for the Allocation of Regasification Capacity (PAR) is mandatory as necessary for participating in the platform, as required by the Platform for the Allocation of Regasification Capacity Regulation, approved by the Autorità di Regolazione per Energia Rete e Ambiente (ARERA, the electricity, gas and water regulator) with Resolution of 1 March 2018, n. 111/2018/R/gas;
- the provision of data relating to requests for registration in the Data Reporting Platform (PDR) is required as necessary for registration to the same platform, as laid down in the relevant standard contract model and in the manner specified in the PDR User Manual, posted on the Web site;
- the conferment of the data relating to requests for registration to the Privileged Information Platform (PIP) is required as necessary for registration to the same platform, as laid down in the relevant standard contract model and in the manner specified in the PIP User Manual, posted on the Web site.
- the provision of data relating to the requests for admission to the MCIC is mandatory as it is necessary for registration on the platform, in accordance with the Rules of Operation of the certificates for the release to consumption of biofuels, approved by the Ministry of Economic Development on 3 April 2020.

The processing referred to in subparagraph c) are necessary for performing pre-contractual and contractual measures and for GME's legitimate interest only in relation to defend its rights in court. However, the processing is strictly limited to what is necessary for these purposes, respecting the rights of the interested parties.

The acquisition of data for the above purposes is therefore necessary and is an essential requirement for the conclusion and execution of the reports, in the absence of which GME may not admit the participant to the markets and it would not be possible to provide the related services.

 

Technical Cookies and Fingerprinting tools, used by the Web site, allow the user device to be identified by collecting information related to the device configuration. GME's Technical Cookies and Fingerprinting tools are strictly necessary for browsing the Web site and, in this context, no information is used for profiling and tracking users. In particular, GME uses session cookies which are not permanently stored on the user's computer but end when the browser is closed. The use of these Cookies is strictly limited to transmission of session identifiers necessary to allow safe and efficient Web site navigation.

6. Parties to whom the data may be notified and who may process the data
Within the limits established by current legislation and the aforementioned purposes, the data may be notified by GME to the following parties:
i) to its parent companies and / or subsidiaries;
ii) to third parties - as providers of administrative, financial, accounting, IT services, etc., professionals and/or consultants - the support of which is used by GME for purposes strictly correlated and related to those for which the Data was collected;
iii) to Public Authorities, to the Supervisory and Control Bodies or to other parties indicated by the latter, on the basis of regulatory provisions or provisions issued by such parties;
iv) to the other parties operating in the platforms, markets and systems referred to at the beginning of this Statement, according to their regulation and technical rules.
Parties belonging to the above categories shall process personal data as separate Data Controllers or as Managers specifically designated by GME with the guarantees referred to in art. 28 of the Regulation.

Within GME, only authorized personnel who need it due to its activity and the tasks performed may access the data. These parties - employees, consultants, temporary workers and/or any other "natural person" under the direct authority of GME - shall carry out their activities as authorized and according to the instruction provided by art. 29 of the GME Code.

The Data will not be published or disseminated in any case, unless in cases set forth by regulatory obligations.

Any transfer of data outside the European Union will be limited to countries for which there is an adequacy decision of the EU Commission or in any case will be subject to adequate guarantees according to the Regulation. You may request information on this matter, including a copy of the data or an indication of the place where it was made available, by contacting the contact points indicated in this statement.

Cookie-related data and Fingerprinting tools are managed only within the Web site and will not be trasferred to third parties.

7. Data processing modalities
With reference to the aforementioned purposes, GME, in compliance with the law and the obligations of confidentiality and safety, processes the data by using manual, computerized and/or IT tools, setting organizational and logical procedures to ensure the safety and confidentiality of the same data.

As you will be reminded, in case you contact or are contacted by telephone from the Market Hall of GME, your conversation will be recorded for the purposes of Section 5, Paragraphs a), b) and c) as well as for the purpose of improving the service and protecting the rights of GME. The recording of telephone calls will take place by means of an automated system. The recordings will be archived and will be accessible and listen only to those expressly authorized. As a result of hearing the information, by accepting to continue the call, GME will record and process your personal data that you will provide to the operator in that moment.

The data will be processed for the time needed for the acquisition and for the duration of the relationships established. After the termination of such relationships, the data will be processed for a maximum period of 10 years for the fulfillment of all the legal retention obligations and for the protection, even in court, of the interests of GME, in this case also for the additional time necessary to conclude the disputes.

It is important to remind that GME's Technical Cookies and Fingerprinting tools are strictly necessary for browsing the Web site and, in this context, no information is used for profiling and tracking users.

8. Source of personal data
If personal data are not directly collected from the interested party, GME will acquire them through public registers and archives.

9. Rights of the interested party
Pursuant to articles 12 et seq. of the Regulation and if the conditions provided for by the same articles are met, the interested party may:

  • request the data controller to confirm that there is/is not a processing of his/her personal data and, if so, to obtain access to the data and information indicated in art. 15 of the Regulation;
  • request the data controller to access personal data and to rectify or cancel it or limit its processing or to oppose its processing, in addition to the right to data portability;
  • if the processing is based on Article 6 (1) (a) or Article 9 (2) (a), withdraw consent at any time without prejudice to the lawfulness of the processing based on consent given before the withdrawal;
  • propose a complaint to the supervisory authority (http://www.garanteprivacy.it/web/guest/home/footer/contatti);
  • obtain from the data controller the correction of inaccurate personal data concerning him/her without undue delay;
  • obtain from the data controller the cancellation of personal data concerning him/her without unjustified delay in the cases provided for by art. 17 of the Regulation;
  • obtain from the data controller the limitation of the processing of personal data in the cases provided for by art. 18 of the Regulation;
  • obtain data portability according to the terms and conditions set forth in art. 20 of the Regulation;
  • possibly oppose at any time, for reasons linked to his/her particular situation, the processing of personal data as per subparagraphs e) and f) of the art. 6, paragraph 1, of the Regulation, including the profiling of personal data made on the basis of these provisions.

Requests for the exercise of the rights above can be sent to the contact points indicated in this statement.

 
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