PRO MEMORIA
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tmwines.it is a website managed by Tenuta Montemagno s.p.a., Internal Revenue Code 05089970965, with Registered Office in Via Turati 29 Milano, 20121, Italia.
The processing of Personal Data pertaining to the website users will be carried out in Italy and will be done conforming to the applicable European regulations (in particular, with the EU 2016/679 Regulation concerning the protection of natural persons as regards the processing of Personal Data and the free circulation of said data), and to Legislative Decree No. 196, dated June 30, 2003, Code on the subject of Protection of Personal Data (the “Privacy Code”).
This Privacy Policy illustrates the modalities and purposes for the personal data processing carried out by the Data Controller and is applied whenever the user navigates through the pages of website tmwines.it (the “Site”), independently of the fact that the user might decide to make use of the services and functionalities provided and/or purchase the products advertised therein.
The Privacy Policy has been drawn up conforming to Recommendation No. 2/2001, adopted on May 17, 2001 by the Work Group for the Protection of Personal Data - Art. 29 as regards the minimum requisites for on-line data collection in the European Union and furthermore represents information for the interested parties in compliance with art. 13 of Leg. Dec. No. 196/2003, as well as articles 13 and 14 of Reg. (EU) 2016/679.
Thee Privacy Policy specifies the identity of the processing Controller who controls and manages Personal Data collected and processed through the Website, indicates the personal information collected and their purposes, the modalities of the processing, the scope of divulgation of the user’s Personal Data to third parties, the security measures adopted aimed at safeguarding and protecting said data and the modalities through which users can verify the data processing concerning them and exercise all rights recognised by the Privacy Code.
1. THE POLICY
Tenuta Montemagno, as the Website’s Controller and Provider, commits itself to observing a principle governed by strict need for the processing of Personal Data that can identify the user even indirectly. For this reason, the Website is configured so that the use of Personal Data is reduced to the minimum necessary, and to exclude the processing altogether when the purposes pursued in each individual case can be implemented through the use of anonymous data or in other ways that will prevent the individual involved from being identified unless strictly necessary or upon the request of the public authorities or police force.
2. WHO PROCESSES THE DATA, FOR WHAT REASON AND HOW
Tenuta Montemagno is the Controller of the processing of the users’ Personal Data in Website wineshop.tenutamontemagno.it for purposes regarding management, conclusion and performance of commercial transactions for purchasing products through the Website itself.
Any further purposes, for which Personal Data are requested and processed, are specifically illustrated each time in the informative text that gets proposed to the user by the Website page where the data contribution is required.
The Controller decides on the aims and modalities of the data processing as well as the instruments to be adopted, even as regards the security profile.
For the aims strictly connected and correlated to the provision of services on the Website, inclusive of the sale of the products themselves, external individuals will be appointed as Persons in Charge of the processing.
In any case, the Persons in Charge get selected on the basis of their proving to be capable, experienced and reliable, and being able to provide suitable guarantees for full compliance with current provisions on the matter of personal data processing, including the data security profile. The Persons in Charge process the Personal Data pertaining to the users of the Website according to the Controller’s specific instructions.
To obtain a complete list of the Persons in Charge entrusted with the processing, even for the purposes concerning the exercising of rights as provided for by articles 7 of the Code on Privacy and 15 Reg. EU 2016/679, an e-mail can be sent to the following electronic mail address: info.tenutamontemagno.it
In pursuing the aims outlined above and to allow the purchasing of products on the Website, the Controller collects Personal Data (which could be, for example, register file data, electronic mail address, postal address, credit card and banking coordinates, telephone number) by means of the specific order form provided on the Website.
The Personal Data collected are processed mainly by automated, telematic and IT equipment (and, in some instances, even in hard-copy format as, for example, when this would be necessary to prevent fraud on the Website), according to logics and procedures strictly correlated with the aims of the processing.
Data can also be processed without the aid of electronic equipment, i.e. manually; in any case, the data will just be stored for the time strictly necessary and functional to attain the specific aim pursued each time and in compliance with the regulation in force for the protection of personal data, inclusive of their security profile and confidentiality obligations.
Personal Data are processed in compliance with regulations in force in relation to security, in order to reduce to the minimum all risks of destruction and loss, even accidental, of data, unauthorised access, processing forbidden or not conforming to the purposes of the data collection and unlawful or improper use of the data themselves, with specific but not exclusive reference to Attachment B to the Privacy Code (Technical Disciplinary on the subject of minimum security measures). Furthermore, the information systems and IT programs are configured so that the use of Personal and Identifying Data is kept to the minimum, thus being utilised only when necessary to the specific aim pursued each time with the processing.
Personal Data are stored in the format that will allow identification of the user for the time strictly necessary for the purposes for which the data themselves are collected and processed and, in any case, in compliance with the provisions dictated by the applicable regulation. In order to guarantee that Personal Data are always correct, updated, complete and pertinent, the interested parties are invited to notify any changes that might have occurred, to the following e-mail address: info.tenutamontemagno.it
Personal data can be supplied by the user on a voluntary basis while interacting with the Website functions and/or services offered by the Website itself can be requested.
With the consent of the user, which is free and optional, the Controller will be able to process the user’s data also for purposes of defining individual or group profiles (profiling) and for marketing purposes, i.e. to send to the user, also through newsletters, electronic mail (e-mail), sms and mms, information and updates on products, offers and/or other events and initiatives linked to the Website.
The user will always be entitled to oppose the processing of his Personal Data for the purposes of promotional information being sent via electronic mail; with each notification received, a specific section will outline the way to block the processing and prevent further promotional material and information from being dispatched.
User Personal Data in any event will not be communicated to third parties for purposes forbidden by the law or without the users’ express consent.
Personal Data could also be made available to third parties, such as Persons in Charge or Entrusted with the processing, for accessory purposes and correlated with the provision of services requested by the user (for example, for transactions relative to purchases or shipment of products). For details on this aspect, please refer to what is outlined at the following paragraph 4.
User Personal Data could be communicated to the police force or to the judicial authorities should they be demanded, in compliance with the regulations in force.
Personal Data cannot be transferred abroad, to those Countries not part of the European Union that fail to ensure proper levels of protection to persons. Should the Controller find this to be necessary for attaining his aims, that the transfer of Personal Data to Countries not part of the European Union, and which fail to ensure proper levels of protection, is assured to be done only with prior stipulation of specific agreements, containing appropriate safeguarding clauses for the Protection of user Personal Data, in compliance with the law and applicable regulations.
3. PLACE OF STORAGE OF PERSONAL DATA COLLECTED
The Personal Data collected will be stored and processed by persons we have appointed, through an electronic system managed by Weblink srl, using servers hosted at IT.net, 1 Via Ortles - Milan.
4. TO WHOM DOES THE PERSONAL DATA GET DIVULGED
The Controller will divulge user Personal Data within the limits and according to the modalities specified in this Privacy Policy and in any further informative notifications published upon the conferment of data by the user, at any event in full compliance with the consent manifested by the latter, when requested, according to the provisions of the ruling regulations on privacy.
The data will be accessible to our internal and external personnel entrusted with the processing; third party companies carrying out specific services on behalf of Tenuta Montemagno, could furthermore be notified of, and have the Personal Data made available to them, in their capacity as external Entity in Charge of the processing; or they could be communicated to further third parties autonomously handling the data, solely to perform the purchasing contract for products on the Website and on condition that said purpose will not prove incompatible with the purposes for which the data were collected and processed by the Controller and, in any case, in compliance with the legal provisions in force on the subject.
The complete and updated list of Persons in Charge of the processing and of the parties to whom the data get notified, can be obtained by prior request to the following e-mail address: info.tenutamontemagno.it
The data will not be revealed, ceded or in other way transferred to other third parties without the users having been preventively informed and without their prior consent, when demanded by law.
5. FAILURE IN PROVIDING PERSONAL DATA AND CONSEQUENCES
Conferment of Personal Data by the user is necessary to attain the above-mentioned purposes and for the services and functionalities requested by the user himself to be provided. Some of the data could be indispensable in fulfilling the obligation deriving from legal provisions or regulations.
Eventual failure in providing certain of the necessary data, identified in the Website by an asterisk (*), could make it impossible to perform purchasing contracts for the products or to correctly fulfil legal and regulatory obligations. Failing to provide said data could therefore constitute, according to the various cases, a legitimate and justified reason for not performing purchasing contracts for the products on the Website or for providing services via the Website.
The user’s providing data for purposes of profiling and marketing, instead, is free and optional; the user’s eventual failure to provide Personal Data for purposes of profiling and marketing will therefore have no consequences whatsoever.
6. SECURITY MEASURES
The Controller adopts suitable security measures in order to keep to the minimum the risks of destruction or loss, even accidental, of the data themselves, of unauthorised access to the data, or of a processing not allowed or not in compliance with the collection purposes stated in this Privacy Policy.
Apart from the control and management of Tenuta Montemagno, we invite users to ensure that their computers are equipped with appropriate software devices for the protection of network data transmissions, both incoming and outgoing (such as updated antivirus systems) and that their Internet services provider has adopted suitable measures for the security of data transmission over networks (such as, for example, firewalls and anti-spamming filters).
7. RIGHT OF ACCESS TO THE DATA AND OTHER RIGHTS
The user is entitled at any time to exercise the rights provided for by art. 7 of the Privacy Code and by art. 15 of the Reg. (EU) 2016/679.
The user is always entitled to obtain confirmation on whether or not his Personal Data exist, even should they not yet be recorded, and to have them communicated in intelligible form.
Furthermore, he has the right to obtain information as to the origin of his personal data, the purposes and the way in which the processing gets done, the logic applied in case of processing carried out with aid of electronic equipment, the particulars identifying the Controller and the Person in Charge of the processing, indication of the individuals or categories of individuals to whom the Personal Data could be revealed or that could gain knowledge of these in their position, for example, of Persons in Charge of or entrusted with data processing. This information is already partially contained in this Privacy Policy; to obtain further information, an e-mail can in any case be sent to the electronic post address: info.tenutamontemagno.it
The user is always entitled to obtain:
- updating, correction or integration of personal data;
- cancellation, transformation into anonymous form or blocking of Personal Data eventually processed in violation of the law, including those for which storage is unnecessary to the purposes for which the data were collected, or subsequently processed;
- certification that the operations dealt with at the previous points have been brought to the notice, for what concerns their content as well, of those persons to whom the data were communicated or revealed, excepting in the case where said fulfilment proves impossible or implies the deployment of means manifestly disproportionate to the protected right.
In any event, the User will be entitled to oppose, totally or partially:
- for legitimate reasons, the processing of his Personal Data, even where pertinent to the purpose of their collection;
- the processing of his Personal Data for purposes of sending advertising material or for direct marketing, for compiling market research or for commercial communications.
Tenuta Monte Magno reminds the user that he will be able to exercise his rights freely at any time, provided these are within the limits of the law, with specific request sent to the electronic mail address: info.tenutamontemagno.it, and to which suitable confirmation receipt will be given.
8. LINKS TO OTHER WEBSITES
wineshop.tenutamontemagno.itcontains all hypertext links (the “links”) to other websites pertaining to third parties; it provides links to other websites solely to facilitate its users in searching and navigating, and making hypertext linking the Internet towards other websites easier. Activation of the links does not imply any recommendation or signalling by the Controller to access and navigate in these websites, nor any guarantee regarding their contents, the services provided and/or goods supplied by these and sold to Internet users.
The Controller of the processing and Provider of the Website does not control nor carries out checking and/or monitoring operations on third party websites whose link may appear on his own website.
This Privacy Policy is not applicable to said sites; Tenuta Montemagno, as the Controller of the processing and Provider of the Website, will not therefore be held responsible for the contents of said websites and for the rules adopted by these, even as regards the privacy and processing of Personal Data during navigation.
Users are therefore urged to pay utmost attention when connecting to these websites through the links present on wineshop.tenutamontemagno.it, and to carefully peruse the conditions governing their usage and regulations on privacy.
9. CONTACTS
Should the user wish to receive further information on how Tenuta Montemagno, as the Controller, deals with his Personal Data, he is urged to send an e-mail to the following electronic mail address: info.tenutamontemagno.it
To be aware of his rights and always updated on regulations regarding the protection of persons in relation to the processing of personal data, the user is urged to visit the Website of the Authority for the Protection of Personal Data at address www.garanteprivacy.it.
10. APPLICABLE LAW
This Privacy Policy is governed by Italian legislation and, in particular, by the Code on the subject of Protection of Personal Data (Privacy Code – Leg. Dec. 196/2003), which disciplines the processing of Personal Data – even those held abroad – carried out by anyone residing or with offices in Italy or by means of equipment situated in Italy; it furthermore conforms to the provisions of Regulation (EU) 2016/679 concerning the protection of natural persons as regards the processing of Personal Data and the free circulation of said data.
The regulation in force guarantees that the processing of Personal Data will be carried out in compliance with fundamental rights and freedom, as well as ensuring the dignity of the interested person, with particular reference to confidentiality, personal identity and the right to protection of personal data.
11. MODIFICATIONS AND UPDATES OF THE WEBSITE PRIVACY POLICY
The Controller will be entitled to modify and/or update, totally or partially, this Privacy Policy also in consideration of the eventual amendments of the applicable legislation or regulations governing this matter and protecting the rights of users. Amendments and updates of the Privacy Policy will be notified to the users through the Website’s Homepage as soon as they are adopted, and will become binding as soon as published in this section itself.
Users are therefore urged to regularly access this section of the website, to check on the publication of a more recent and updated version of the Privacy Policy.
When demanded by the applicable regulation, the Controller will obtain the user’s consent to the applied amendments.
This Privacy Policy has been in force since March 10, 2017.
INFORMATION ON THE PROCESSING OF PERSONAL DATA FOR PURPOSES OF A NEWSLETTER
These guidelines are provided in compliance with art. 13 of Leg. Dec. No. 196/2003 - Code relating to the protection of personal data, as well as articles 13 and 14 of Regulation (EU) 2016/679 concerning the protection of natural persons as regards the processing of Personal Data and the free circulation thereof.
The newsletter is sent via electronic mail to those that expressly request it, filling in the form provided on this page and authorising Tenuta Montemagno, as the Controller, to process the requesting user’s own personal data.
Aims of the processing
The Personal Data supplied by the users are only utilised for sending the newsletter and will not be revealed to third parties.
Modalities used for data processing
Collected data are mainly processed with IT equipment.
The Controller adopts suitable security measures to prevent data loss, illegal or incorrect use and unauthorised accesses.
Compulsory/optional nature of data providing
Providing data is optional; refusing to provide data implies the impossibility of obtaining the newsletter service.
Processing Controller
The Controller of the processing of data collected is Tenuta Montemagno, Internal Revenue Code 05089970965, with registered office at Via Turati 29 Milano, 20121, Italia.
The processing of data linked with the newsletter service is carried out by the Controller using servers located at IT.net, 1 Via Ortles, Milan, and are dealt with by personnel specifically appointed to the processing.
Persons entrusted with and in Charge of the processing
Should it be needed, owing to activities linked to maintenance of the technological section of the Website, the data connected to the newsletter service may be dealt with by suitably appointed concerns and/or preventively appointed Persons in Charge of the processing, in compliance with article 29 of the Code on the subject of Protection of Personal Data and of art. 28 of the Reg. (EU) 2016/679.
Rights of the interested parties (art. 7 Privacy Code; art. 15 Reg. EU 2016/679)
The individuals to whom the collected Personal Data refer, are entitled at any time to obtain confirmation on whether these data exist or otherwise, and to know their content and origin, check their correctness or request their integration, updating or change.
Furthermore, in compliance with the same article, the interested parties are entitled to request cancellation, transformation into anonymous form or the blocking of the data processed in violation of the law, as well as to oppose in any case, for legitimate reasons, their processing.
Requests must be forwarded:
- via e-mail, to address: info@tenutamontemagno.it;
- via fax: 0039 0331323282
Cancellation of the service
In order to stop receiving the newsletter, click on "Cancel the Newsletter" caption provided with every e-mail received from Tenuta Montemagno.