European Regulation 679/2016 (hereinafter, for the sake of simplicity, also referred to as the “Regulation”) concerning the protection of personal data provides for the protection of natural persons with regard to the processing of personal data.
In compliance with the aforementioned legislation, the processing of personal data covered by this privacy policy carried out by Cesari S.r.l. (hereinafter “Data Controller” or “Company”) will be based on the principles of correctness, lawfulness, transparency, relevance, non-excessiveness with respect to the purposes for which the data are collected, and the protection of your confidentiality and your rights.
In relation to data processing, the Company Cesari S.r.l informs you of the following.
- PERSONAL DATA PROCESSED
The Data Controller processes personal data relating to Customers who are natural persons, representatives of the Customer, the Supplier, or Third Parties, provided by the Customer/Supplier/Third Party (on the occasion of current or past direct or indirect contractual relationships, during visits or commercial meetings, trade fairs, conventions, courses, seminars, or other promotional events, past communications, or previous occasions meeting with representatives of Cesari S.r.l.) or acquired from publicly distributed directories or websites, as well as data of Users of the websites www.umbertocesari.it, www.umbertocesari.com.
“Special categories of personal data” (as per Articles 9 and 10 of the Regulation) will not be processed by the Data Controller.
The processed data are listed below by type:
navigation data: IP addresses or domain names of the computers used by users connecting to the sites, 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 relating to the user’s operating system and computer environment, given that the computer systems and software procedures used to operate these websites acquire, during their normal operation, personal data whose transmission is implicit in the use of Internet communication protocols. This is information that is not collected to be associated with identified data subjects, but which by its very nature could, through processing and association with data held by third parties, allow users to be identified,
common personal data such as name, surname, place and date of birth, tax code or VAT number, residential address or registered office, email address, telephone number, bank details, and any data necessary for the fulfillment of fiscal/accounting/contractual obligations.
Should the User wish to register for the reserved e-commerce area of the site, the following additional personal data will be requested: a password created by the Users themselves at the time of registration, or the password and username of Facebook, Twitter, or another social network imported directly from the websites www.umbertocesari.it and www.umbertocesari.com if registration occurs via a social network, and any additional information that may be optionally provided.
Should the User wish to sign up for the Wine Club to benefit from specific services and promotions for purchasing products, their gender and further optional data are required, which are necessary to participate in certain promotional initiatives, along with any additional information that may be optionally provided,
technical and third-party cookies which are collected and processed according to the methods, purposes, and legal bases indicated in the specific cookie policy present on this website.
The Data Controller processes personal data through its delegates, internal or external data processors, and by employing its own staff, who will adhere to the instructions provided by the Controller in accordance with the Regulation.
Processing operations connected to web services are handled only by technical personnel in charge of processing or by any persons in charge of site maintenance.
- PLACE OF DATA PROCESSING
Processing operations are carried out in Italy, at the registered office of the Company, or at the appointed external data processors.
- PURPOSES OF PROCESSING
Personal data are processed for the following purposes:
A) personal data automatically acquired during navigation are collected for the sole purpose of obtaining anonymous statistical information on the use of the sites and to check their correct functioning. The data could be used to ascertain responsibility in the event of hypothetical computer crimes against the sites.
B) additional common data are collected for the purpose of:
a) providing the products and services envisaged by the contractual relationships in place between Cesari S.r.l. and the Customer / Supplier;
b) providing information and/or sending communications relating to products and services created or to be created, or products and/or services to be purchased or collaborations to be established, both in the pre-contractual phase (e.g., for the preparation of a commercial offer) and subsequently;
c) fulfilling accounting, fiscal, and legal obligations relating to the pre-contractual and contractual relationship with the Customer/Supplier, and managing the exercise of the right of withdrawal through the functionality available on the site;
d) sending information and/or offers on products or services provided by Cesari S.r.l., which may be deemed of interest to the Customer, Supplier, or User, without this resulting in the transfer of personal data to third parties;
e) verifying the quality of the products and services offered;
f) assessing the quality of supplies and related services;
g) sending commercial communications and information and/or advertising material relating to its own products, services, events, and initiatives;
h) credit protection;
i) carrying out promotional, direct-marketing, and web-marketing activities for wine-club members, including through profiling and sending newsletters and targeted, personalized communications (via email, SMS, mail) based on the preferences of the Customer and/or User;
j) organizing promotional initiatives such as events and prize contests in order to promote the winery’s brand.
4. LEGAL BASIS FOR PROCESSING
Personal data will be processed on the following legal bases:
– legitimate interest of the Data Controller to maintain a web presence and to protect company assets for the purposes referred to in point A) (Art. 6, paragraph 1, letter f) of the Regulation);
– compliance with legal, contractual, and pre-contractual obligations for the purposes referred to in points a), b), and c) (Art. 6, paragraph 1, letters b) and c) of the Regulation);
– legitimate interest of the Data Controller to promote its business, products, and services to all individuals who provided their data when purchasing a product or service for the purposes referred to in points d), e), f), g), and j) (Art. 6, paragraph 1, letter f) of the Regulation);
– legitimate interest in the protection of company assets for the purposes referred to in point h) (Art. 6, paragraph 1, letter f) of the Regulation);
– consent of the data subject who has subscribed to the newsletter or the wine club for the purposes referred to in points d), e), f), g), j), and i) (Art. 6, paragraph 1, letter f) of the Regulation).
5. PROVISION OF DATA – CONSEQUENCES OF FAILURE TO PROVIDE DATA
Browsing data is collected automatically: the computer systems and software applications dedicated to the operation of the website detect, during their normal operation, such data whose transmission is implicit.
As regards further personal data, the data subject is free to provide those necessary for the execution of the contract or service, to request the sending of informative material or other communications, and to access the reserved e-commerce and wine-club area.
Failure to provide the data collected for the purposes referred to in points a), b), and c) could result in the non-performance or partial performance of the contract concluded between the parties and/or the impossibility of formulating the offer for the service of interest; it also entails the impossibility of accessing the reserved e-commerce area in order to make online purchases. Failure to provide the data collected for the purposes referred to in points d), e), f), g), h), i), and j), or the subsequent request for erasure or restriction of processing, entails the impossibility of receiving future information on our services based on your needs.
6. PROCESSING METHODS – RETENTION PERIOD
Data processing will be carried out manually or, predominantly, with the aid of electronic means. In compliance with the limits and conditions set forth in Articles 2, 3, and 4 of EU Regulation 2016/679, this includes all operations, or sets of operations, defined as “processing” by the same Regulation, with the exception of dissemination.
The methods for processing personal data are described in the procedural documentation prepared by CESARI S.r.l. These methods entail the adoption of appropriate security measures to protect the confidentiality, integrity, and availability of data stored in electronic or paper format. Such measures have been deemed suitable following a risk assessment – evaluated by considering the respective severity of consequences and probability of occurrence – affecting the processed personal data and natural persons.
Personal data will be retained for the period necessary to fulfill the aforementioned purposes, in particular:
– to comply with all legal obligations, fulfill contractual commitments and, in order to satisfy the legitimate interest of the data controller (retention of know-how, maintenance of evidence relating to the quality of products and services), for ten years from the termination of any contractual relationship;
– for Wine Club Card holders, data will be retained until the end of the promotion as indicated in the specific Regulations and for an additional 12 months starting from the last purchase, unless otherwise consented to by the user. If a registered Wine Club user does not make a purchase within 12 months, they will be automatically deleted;
– for the management of events and prize contests, the personal data collected will be retained for a maximum of 5 years from the end of the initiative.
In any case, data retention is permitted for a further period necessary for the purposes of complying with tax and accounting obligations and for the protection, including in court, of the Company’s rights.
7. COMMUNICATION AND TRANSFER OF PERSONAL DATA
The personal data collected may be disclosed to third parties external to CESARI S.r.l. for the purposes listed above, in particular:
– in the event of an existing contractual relationship with the Customer or Supplier, the data necessary to comply with legal obligations may be disclosed to tax and/or legal consultants, social security institutions, banks and insurance companies, IT support service provider companies, law firms, the Judicial Authority, and couriers responsible for deliveries, solely for purposes related to the management of the contractual relationship, compliance with a legal obligation, and the protection of company assets;
– to carry out certain data processing activities for marketing purposes (direct marketing, sending newsletters, social media, etc.), including user profiling, data may be transmitted to companies providing marketing and communication services, website management services, and third-party web services (Eventbrite, Wine Platform, Mailchimp). In this case, the legal basis is consent, expressed in accordance with this privacy policy.
The entities to whom the personal data will be disclosed will act as Data Processors, independent Data Controllers, or persons authorized to process data.
Personal data will under no circumstances be disseminated.
In the event of a transfer to non-EU countries, the Company ensures that the Data Processor is contractually bound by the standard contractual clauses’ authorized by the European Union.
8. CONTACT DETAILS OF THE DATA CONTROLLER
The Data Controller is:
CESARI S.r.l.
Via Stanzano 1120, 40024 Castel San Pietro Terme (BO)
Tel. +39 051 6947811
Fax. +39 051 944387
e-mail: [email protected]
9. RIGHTS OF THE DATA SUBJECTS At any time, you may exercise your rights towards the Data Controller, pursuant to Articles 15 (“Right of access by the data subject”), 16 (“Right to rectification”), 17 (“Right to erasure”) and 18 (“Right to restriction of processing”) of the Regulation – which, for your convenience, are reproduced in full below – by addressing the relevant requests to the Privacy Office at the headquarters of the DATA CONTROLLER, at the address indicated, or by sending an e-mail to [email protected]. In the same manner, you may withdraw your consent for the processing
of data concerning you. It is also possible to lodge a complaint regarding the processing of personal data with the National Supervisory Authority, namely the Italian Data Protection Authority (Garante per la Protezione dei Dati Personali – www.garanteprivacy.it).
“EU Regulation 2016/679 Articles 15-16-17-18
Article 15 – Right of access by the data subject
1.The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
a) the purposes of the processing;
b) the categories of personal data concerned;
c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
f) the right to lodge a complaint with a supervisory authority;
g) where the personal data are not collected from the data subject, any available information as to their source;
h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
2. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
3. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
Article 16 – Right to rectification
The data subject shall have the right to obtain from the controller the rectification of inaccurate personal data concerning him or her without undue delay. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Article 17 – Right to erasure (‘right to be forgotten’)
1.The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
d) the personal data have been unlawfully processed;
e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
2. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
a) for exercising the right of freedom of expression and information;
b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
e) for the establishment, exercise or defence of legal claims.
Article 18 – Right to restriction of processing
1.The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
2. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
3. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.”