OWNER AND RESPONSIBLE FOR DATA PROCESSING
Ristorante Bar Tubladel di Spinelli Gerardo
Via Josef Innerhofer 6 San Michele
Appiano sulla strada del Vino (BZ)
Phone: +39 0471 796 879
VAT ID 03138920214
DESIGN & DEVELOPMENT
WINX Design e Marketing
Via Arnaria 9a
39046 Ortisei – Val Gardena (BZ)
Tel: (+39) 0471 188 4130
VAT ID: IT00633430210
We are very pleased that you are interested in our company. The protection of your data is one of our highest priorities. The use of the Internet pages of our website is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, entering and processing personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to our enterprise. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. In addition, this declaration informs the data subjects about the data protection rights to which they are entitled.
As the controller, our enterprise has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, data transmissions via the Internet may be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit their personal data by other means, e.g. by telephone.
The data protection declaration of our company is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration must be easy to read and understand for the general public and for our customers and business partners. To this end, we would first like to explain the terminology used.
In this data protection declaration we use, among others, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person ("data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social situation of that natural person.
(b) Subject of the data
The data subject is an identified or identifiable natural person whose personal data are processed by the controller for the purposes of processing.
Processing shall mean any operation or set of operations which is performed upon personal data or a set of personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
(d) Limitation of processing
Limitation of processing is a marking of stored personal data with the aim of limiting their processing in the future.
Profiling is any form of automated processing of personal data that involves using such personal data to evaluate certain personal aspects relating to a natural person in order to analyse or predict aspects relating to the natural person, such as job performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific individual without the use of additional information, provided that such additional information is stored separately and is subject to technical and organisational measures that ensure that the personal data is not attributed to an identified or identifiable natural person.
(g) Data controller or processor
The controller or processor is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data; where Union or Member State law determines the purposes and means of the processing, Union or Member State law may provide for the controller or the specific criteria for its designation.
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not it is a third party. However, public bodies that may receive personal data in the context of a specific investigation under Union or Member State law are not considered recipients; the processing of such data by such public bodies must be carried out in accordance with the applicable data protection rules, in line with the purpose of the processing.
(j) Third parties
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process personal data under the direct responsibility of the controller or the processor.
The data subject's consent is a non-coercive, specific, informed and unambiguous indication of his or her wishes, by which the data subject indicates his or her assent, by way of a statement or an unambiguous affirmative act, to the processing of personal data relating to him or her.
2. NAME AND ADDRESS OF THE DATA CONTROLLER
The controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the Member States of the European Union and other data protection provisions is:
Ristorante Bar Tubladel di Spinelli Gerardo
Via Josef Innerhofer 6 San Michele
Appiano sulla strada del Vino (BZ)
Phone: +39 0471 796 879
VAT ID 03138920214
Cookies allow us to optimise the information and offers on our website in relation to the user. Cookies allow us, as mentioned above, to recognise users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, as a user of the website using cookies, you do not have to enter your login details each time you access the website, as these are taken from the website and the cookie is then stored on your computer system. Another example is the cookie of a shopping cart in an online shop. The online shop stores the items that the customer has placed in the virtual shopping cart via a cookie.
The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus permanently oppose the setting of cookies. In addition, cookies that have already been set can be deleted at any time using an Internet browser or other software programs. This is possible with all common Internet browsers. If the person concerned deactivates the cookie setting in the Internet browser used, it is possible that not all functions of our website will be fully usable.
4. DATA COLLECTION AND GENERAL INFORMATION
Our website collects a series of general data and information when a person or automated system calls up the website. This general data and information is stored in server log files. The following can be collected: (1) the types of browser used, (2) the operating system used by the access system, (3) the website from which an access system reaches our website (the so-called referrer), (4) the subpage, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the access system and (8) other similar data and information that can be used in the event of attacks on our computer systems.
When using these general data and information, no conclusions are drawn about the data subject. This information is necessary in order to (1) correctly provide the content of our website, (2) optimise the content of our website and the advertising of it, (3) ensure the permanent operability of our computer systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. Therefore, anonymously collected data and information are, on the one hand, statistically evaluated and, on the other hand, further evaluated with the aim of increasing the data protection and data security of our enterprise and, ultimately, to ensure an optimal level of protection for the personal data we process. The anonymous data contained in the server log files are stored separately from the personal data provided by the person concerned.
5. CONTACT OPTIONS VIA THE WEBSITE
The website contains information that enables quick electronic contact with our company, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts us by e-mail or via a contact form, the personal data transmitted by the data subject will be stored automatically. This personal data, which the data subject provides to the controller on a voluntary basis, is stored for the purpose of processing or contacting the data subject. Personal data is not disclosed to third parties.
6. ROUTINE DELETION AND BLOCKING OF PERSONAL DATA
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of the storage, or to the extent required by the European directive and regulation or by other legislators in laws or regulations to which the controller is subject.
If the purpose of storage ceases to be valid or if a storage period prescribed by the European Directive and the Maker Regulation or by another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the provisions of the law.
7. RIGHTS OF THE DATA SUBJECT
a) Right of confirmation
Every data subject has the right, recognised by the European legislator, to obtain from the controller confirmation as to whether or not personal data concerning him or her exist. If the data subject wishes to exercise this right of confirmation, he or she may, at any time, contact an employee of the controller.
b) Right of access
Every data subject has the right guaranteed by the European legislator to obtain from the controller, at any time and free of charge, information on the stored data relating to him and a copy of that information. Furthermore, the European Directives and Regulations guarantee the data subject access to the following information
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the period for which the personal data are to be stored or, if that is not possible, the criteria for determining that period
- the existence of the right to obtain from the controller the rectification or erasure of personal data or the restriction of the processing of personal data concerning the data subject or to object to such processing
- the right to lodge a complaint with the supervisory authority;
- if the personal data have not been collected from the data subject, any available information as to their origin;
- the existence of automated decision-making, including profiling, within the meaning of Article 22(1) and (4) of the GDPR and, at least in such cases, meaningful information about the logic involved and the importance and likely consequences of such processing for the data subject.
In addition, the data subject has the right to obtain information on the transfer of personal data to a third country or international organisation. In this case, the data subject has the right to be informed about the appropriate safeguards in relation to the transfer.
If the data subject wishes to exercise this right of access, he or she may contact an employee of the controller at any time.
c) Right of rectification
Every data subject has the right guaranteed by the European legislator to obtain from the controller, without undue delay, the rectification of personal data relating to him that are inaccurate. Taking into account the purposes of the processing, the data subject has the right to complete incomplete personal data, including by means of a supplementary declaration.
If the data subject wishes to exercise the right of rectification, he or she may contact an employee of the controller at any time.
(d) Right to erasure (right to be forgotten)
Every data subject has the right guaranteed by the European legislator to obtain from the controller the erasure without delay of personal data concerning him or her, and the controller is obliged to erase the personal data without delay if one of the following grounds applies, provided that the processing is not necessary:
- The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
- The data subject withdraws the consent on which the processing is based pursuant to Article 6(1)(a) of the General Data Protection Regulation or Article 9(2)(a) of the General Data Protection Regulation and if there are no other grounds for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no legitimate grounds for processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- Personal data has been processed unlawfully.
- Personal data must be erased in order to comply with a legal obligation under Union law or the law of a Member State to which the data controller is subject.
- The personal data were collected in connection with the provision of information society services as referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to have personal data stored by us erased, he or she may at any time contact any employee of the controller. An employee of our company will immediately comply with the erasure request.
If the controller has made the personal data public and is obliged to erase it pursuant to Article 17(1), it shall take reasonable measures, including technical measures, taking into account available technology and the costs of implementation, to inform the other controllers of the personal data that the data subject has requested those controllers to erase all links, copies or replicas of such personal data, unless the processing is not necessary. The employee will arrange for this to be done in individual cases.
e) Right to restriction of processing
Every data subject shall have the right, granted by the European legislator, to obtain from the controller the restriction of processing if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject within a period allowing the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject objects to the deletion of the personal data and instead requests the restriction of their use.
- The controller no longer needs the personal data for the purposes of the processing, but they are requested by the data subject for the establishment, exercise or defence of legal rights.
- The data subject has objected to the processing pursuant to Article 21(1) of the GDPR, provided that it has not been demonstrated that the data controller's legitimate grounds prevail over those of the data subject.
If one of the aforementioned conditions is met and a data subject wishes to request the restriction of personal data stored by us, he or she may, at any time, contact any employee of the controller. Our employees will arrange for the restriction of the processing.
(f) Right to data portability
Every data subject has the right, recognised by the European legislator, to receive personal data concerning him or her provided to a controller in a structured, commonly used and machine-readable format. He or she has the right to transmit such data to another controller without being prevented from doing so by the controller to whom the personal data have been provided, provided that the processing is based on consent within the meaning of Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, or a contract within the meaning of Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
In addition, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to obtain the direct transfer of personal data from one controller to another, provided that this is technically feasible and does not adversely affect the rights and freedoms of other persons.
To assert the right to data portability, the data subject may at any time contact any employee of our company.
g) Right to object
Any data subject shall have the right, recognised by the European legislator, to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
We will not process personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for processing that override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If we process personal data for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing. This also applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to the processing for direct marketing purposes, we will no longer process the personal data for such purposes.
Furthermore, the data subject has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation, unless the processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may contact any of our employees. Furthermore, in the context of the use of information society services and notwithstanding Directive 2002/58/EC, the data subject is free to exercise his or her right to object if such processing is carried out by automated means.
(h) Automated individual decision-making, including profiling.
Every data subject has the right, recognised by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her, unless the decision (1) is necessary for the conclusion or performance of a contract between the data subject and a controller or (2) is authorised by the law of the Union or of the Member States to which the controller is subject and which also provides for appropriate measures to safeguard the rights and freedoms of the data subject and his or her legitimate interests, or (3) is based on the data subject's explicit consent.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is made with the data subject's explicit consent, we shall implement appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, which shall include at least the data subject's right to obtain the involvement of the data subject by the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights relating to automated individual decision-making, he or she may contact us at any time.
i) Right of revocation of consent under the Data Protection Act
Every data subject has the right granted by the European legislator to withdraw his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact us at any time.
8. DATA PROTECTION PROVISIONS FOR THE APPLICATION AND USE OF YOUTUBE
On this website, the controller has integrated YouTube components. YouTube is a video portal on the Internet that enables video publishers to make video clips available free of charge to other users, who can also view, rate and comment on them free of charge. YouTube allows all types of videos to be published, so it is possible to access complete films and television programmes, as well as music videos, trailers and videos created by users via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave. in San Bruno, CA 94066, UNITED STATES. YouTube, LLC is a subsidiary of Google Inc. located at 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
Whenever one of the individual pages of this website operated by the data controller and on which a YouTube component (YouTube video) has been integrated is called up, the Internet browser of the data subject's computer system is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component. Further information on YouTube can be found at https://www.youtube.com/yt/about/en/. Within the scope of this technical procedure, YouTube and Google become aware of the specific subpage of our website visited by the data subject.
If the data subject has accessed YouTube, YouTube recognises which specific subpage of our website was visited by the data subject when a subpage containing a YouTube video is called up. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google receive information via the YouTube component about whether the data subject has visited our website, whether the data subject has logged into YouTube when visiting our website, and whether or not the data subject clicks on a YouTube video. If the transmission of this information by YouTube and Google is not desired by the data subject, the transmission can be prevented by the data subject logging out of his or her YouTube account before calling up our website.
9. PAYMENT METHOD: DATA PROTECTION PROVISIONS FOR THE USE OF PAYPAL AS PAYMENT PROCESSOR
On this website, the controller has integrated PayPal components. PayPal is a provider of online payment services. Payments are processed via so-called PayPal accounts, which are virtual private or business accounts. PayPal is also able to process virtual credit card payments if the user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there are no classic account numbers. PayPal allows online payments to third parties to be activated or payments to be received. PayPal also accepts escrow functions and offers buyer protection services.
The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
If you select "PayPal" as a payment option when placing an order in the online shop, your data will automatically be transmitted to PayPal. By choosing this payment option, the data subject consents to the transmission of the personal data required for payment processing.
The personal data transmitted to PayPal are usually first name, last name, address, e-mail address, IP address, telephone number, mobile phone number or other data necessary for processing the payment. For the processing of the purchase contract, these personal data are also required, which relate to the respective order.
The purpose of the data transfer is payment processing and fraud prevention. The controller will transfer personal data to PayPal in particular if there is a legitimate interest in the transfer. Personal data exchanged between PayPal and the controller will be transmitted by PayPal to credit reference agencies. This transmission is intended for identity and credit checks.
If necessary, PayPal transfers personal data to affiliated companies and service providers or subcontractors to the extent necessary to fulfil contractual obligations or to process data on behalf of third parties.
The data subject has the opportunity to revoke his or her consent to the processing of personal data by PayPal at any time. Revocation has no effect on personal data that is to be processed, used or transmitted in the context of (contractual) payment processing.
The applicable data protection provisions of PayPal are available at https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
10. LEGAL BASIS FOR PROCESSING
Article 6 (1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. When the processing of personal data is necessary for the performance of a contract to which the data subject is a party, for example when the processing is necessary for the supply of goods or the provision of another service, the processing is based on Article 6(1)(b) GDPR. The same applies to processing necessary for the performance of pre-contractual measures, for example in the case of requests for information about our products or services. Our company is subject to a legal obligation to process personal data, e.g. for the fulfilment of tax obligations; the processing is based on Art. 6 (1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This is the case, for example, if a visitor has been injured on our premises and his or her name, age, health insurance details or other important information needs to be passed on to a doctor, a hospital or a third party. In that case, the processing would be based on Art. 6 (1) lit. d GDPR. Finally, processing operations could be based on Article 6 (1) f GDPR. This legal basis is used for processing operations that do not fall under one of the above-mentioned legal bases, if the processing is necessary for the protection of the legitimate interests of our company or a third party, unless these interests are overridden by the interests or fundamental rights and freedoms of the data subject that require the protection of personal data. Such processing operations are permitted in particular because they were explicitly mentioned by the European legislator. It held that a legitimate interest can be presumed if the data subject is a customer of the controller (Recital 47, second sentence, GDPR).
11. LEGITIMATE INTERESTS OF THE CONTROLLER OR OF THIRD PARTIES
If the processing of personal data is based on Article 6(1) lit. GDPR, our legitimate interest is to carry out our activities for the benefit of the well-being of all our employees and shareholders.
12. PERSONAL DATA RETENTION PERIOD.
The criteria for determining the period of retention of personal data are the respective statutory retention periods. After this period has expired, the corresponding data are routinely deleted, provided that they are no longer required for the performance or initiation of the contract.
13. PROVISION OF PERSONAL DATA AS A LEGAL OR CONTRACTUAL REQUIREMENT; REQUIREMENT FOR THE CONCLUSION OF A CONTRACT; OBLIGATION OF THE DATA SUBJECT TO PROVIDE PERSONAL DATA; POSSIBLE CONSEQUENCES OF NOT PROVIDING SUCH DATA.
We would like to point out that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, for the conclusion of a contract, it may be necessary for the data subject to provide personal data, which will then have to be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide personal data would result in the contract with the data subject not being concluded. Before providing personal data, the data subject may contact any employee. The employee will inform the data subject whether the provision of personal data is required by law or by contract or is necessary for the conclusion of the contract, whether there is an obligation to provide personal data and what the consequences of not providing personal data are.
14. EXISTENCE OF AUTOMATED DECISION-MAKING PROCESSES
As a responsible company, we do not use automated decision-making or profiling.