Proxy Solicitation & Information Statement • Mar 13, 2020
Proxy Solicitation & Information Statement
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| I, the undersigned (name) ____ (surname) | ______ | born |
|---|---|---|
| in (place) _________ on (date) | //______, resident | |
| in (town or city) ______ |
(address) ____ |
|
| street no. __ (1), Tax Identification Number _________ | [if | |
| applicable] legal representative of (company name) | __________, | |
| with registered office in (town or city) ___ (address) _______ | ||
| street no. __, Tax Identification Number _________ | (2) | |
| as (check whichever applies): |
Proxy holder Substitute of the Proxy holder
to participate to the Ordinary and Extraordinary Shareholders' Meeting of Moncler S.p.A. (the "Company"), to be held on April 22th, 2020, at 10:00 a.m., on single call, at the headquarters of the Company, in Via Andrea Solari, No. 33, Milan, under my responsibility, to the effects and purposes of Art. 135-novies, subsection 5, of Legislative Decree No. 58/1998, hereby
(i) that the copy of the proxy for participation in the aforesaid meeting, delivered / transmitted to the Company, is a true copy of the original, and
(ii) confirm the identity of the delegating party __________________________________________________
________________________________________________________________________________ (3) and
(iii) that the signatory to the proxy has full and valid signatory powers.
I acknowledge that pursuant to Art. 135-novies, subsection 5, of Legislative Decree no. 58/1998, the proxy holder must keep the original proxy and keep records of any voting instructions received for one year after the conclusion of the meeting.
___________, __________________ 2020
Signature of proxy holder/substitute of proxy holder
____________________________________________________
( )Obligatory.
(1) Enter the data of the proxy holder/substitute of the proxy holder/Appointed Representative/substitute of the Appointed Representative. If the proxy holder/substitute of the proxy holder/Appointed Representative/substitute of the Appointed Representative is a legal person, enter the data of the legal representative.
(2) Complete this section if the proxy holder/substitute of the proxy holder/Appointed Representative/substitute of the Appointed Representative is a legal person.
(3) Enter the data of the delegating party (if a natural person: name, surname, place and date of birth, Tax Identification Number; if legal person: company name, full address of the registered office, Tax Identification Number), as they appear on the notice for participation in the meeting as per Art. 83-sexies, Legislative Decree No. 58/1998.
that the enclosed proxy does not give the proxy holder the right to vote at their discretion; the proxy holder is obliged to follow the written voting instructions.
___________, __________________ 2020
Signature of proxy holder/substitute of proxy holder
____________________________________________________
Pursuant to EU Regulation 2016/679 (hereinafter, "GDPR Regulation" or "GDPR") and the current national legislation on the protection of personal data (hereinafter, together with the GDPR, "Privacy Law"), Moncler S.p.A. (hereinafter, the "Company" or the "Data Controller"), acting as Data Controller, is required to provide the delegated party and the delegating party (hereinafter, jointly referred to as "Data Subjects") with information regarding the process of their personal data.
In order to enable the Shareholders to attend the shareholders' meeting (the "Shareholders' Meeting") also by virtue of proxy, the Company collects and processes the personal data provided in the proxy and the information relating to the place of birth, address of residence and tax code of the delegated party and the information relating to the place of birth, residence address, tax code, ID document and voting rights in the Shareholders' Meeting of the delegating party (hereinafter, jointly referred to as "Personal Data").
All Personal Data are collected and processed, in compliance with the legal provisions and confidentiality obligations, for the purposes of verifying the proper constitution of the Shareholders' Meeting, verifying the identity and entitlement of those who are attending it, as well as the execution of further compulsory corporate obligations and formalities and Shareholders' Meeting obligation and formalities. The provision of data for such purposes is mandatory. Failure to provide data may result in in non-admission to the Shareholders' Meeting.
The legal basis is the compliance with a legal obligation (art. 2370 c.c. et seq.) and the related and consequent requirements by the Data Controller.
Personal Data are processed, in compliance with the provisions of the Privacy Law, by paper-based, computer or electronic means, with methods strictly related to the indicated purposes and, in any case, with appropriate methods to ensure their security and confidentiality in accordance with the Privacy Law.
In order to achieve the purposes described in point b) above, the Company's employees who will act as persons authorized to the processing have access to Personal Data.
In addition, Personal Data may be communicated to:
a) the entities to whom the communication is required for the compliance with legal and/or regulatory obligations and/or those deriving from EU legislation (taking into account that the Company is listed on a regulated market and, therefore, is subject to additional requirements and information obligations);
b) the company Spafid S.p.A. which is acting as Data Processor;
c) other third-party suppliers which provide services to the Company and which are authorized by the Company, if necessary, to act as Data Processor.
The list of subjects to whom the Personal Data are communicated can be asked by sending an email to: [email protected].
All Personal Data are stored, together with the documents produced during the Shareholders' Meeting, by the Company in order to document what has been transcribed in the minutes. In compliance with the principles of proportionality and necessity, Personal Data will be stored in a form that allows to identify the Data Subjects for a period of time not exceeding the fulfilment of the purposes for which they are processed and, in any case, no longer than ten years.
Data Subjects have the right, at any time, to obtain confirmation as to whether or not such data exist and to be informed of their content and source, to verify their accuracy or to request them to be completed, updated or rectified (Articles 15 and 16 of the GDPR).
In addition, Data Subjects have the right to request the erasure and restriction to processing.
The rights listed above can be exercised by sending a written communication to: [email protected].
The Data Controller, also through the designated units, shall take charge of the request and provide, without undue delay, information relating to the action taken in relation to the same.
In the event that the processing of Personal Data is in violation of the provisions set forth by the GDPR, Data Subjects have the right to lodge a complaint to the Italian Data Protection Authority (the "Garante per la protezione dei dati personali"), by using the contact details available on the website www.garanteprivacy.it, or to bring an action before the appropriate courts.
The Data Controller is Moncler S.p.A, with legal office in Milan, Via Stendhal 47.
The Company has appointed a Data Protection Officer that may be contacted at the following address: [email protected].
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