PRIVACY POLICY

Data Controller and Data Processor

RESTAURANT STUBE VIVES

Via Rezia 231

39046 Ortisei – Val Gardena (BZ)

Tel: (+39) 0471 796 782

Website: www.stubevives.it

E-Mail: info@stubevives.it

VAT: IT02844400214

Design & Development:

WINX Design & Marketing

Via Arnaria 9a

39046 Ortisei – Val Gardena (BZ)

Tel: (+39) 0471 188 4130

Website: www.winx.bz

E-Mail: info@winx.bz

VAT: IT00633430210

Privacy Policy

We are very pleased that you have shown interest 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 wishes to use special business services via our website, it may be necessary to enter and process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally require the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address or telephone number of the data subject, must be in line with the General Data Protection Regulation (GDPR) and in accordance with the specific data protection regulations of the country in which our company operates. By means of this data protection declaration, our company wishes to inform the public about the general nature, scope and purposes for which the personal data we collect, are used and processed. Furthermore, data subjects are informed through this declaration about the data protection rights to which they are entitled.

As controller, our company has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, data transmissions over the Internet may have security gaps and therefore absolute protection may not be guaranteed. For this reason, every data subject is free to transfer his or her personal data by alternative means, e.g. by telephone.

1. Definitions

Our company's data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be readable and understandable for the general public as well as for our customers and business partners. To ensure this, we would first like to explain the terminology used.

In this data protection declaration we use, among others, the following terms:

 (a) Personal data

Dati personali: qualsiasi informazione relativa a una persona fisica identificata o identificabile (“soggetto interessato”). Una persona fisica identificabile è colui che può essere identificato, direttamente o indirettamente, in particolare facendo riferimento a un identificatore come un nome, un numero di identificazione, dati relativi all’ubicazione, un identificatore online o uno o più fattori specifici per l’aspetto fisico, fisiologico, identità genetica, mentale, economica, culturale o sociale di quella persona naturale.

(b) Subject of data

The data subject is an identified or identifiable natural person whose personal data are processed by the data controller.

c) Processing

Processing shall mean any operation or set of operations which is performed upon personal data or sets of personal data, including by automated means, such as collection, recording, organisation, structuring, 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 treatment

Restriction of processing is a marking of stored personal data with the aim of limiting their processing in the future.

(e) Profiling

Profiling: any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects, relating to a natural person, in order to analyse or predict aspects concerning the natural person, such as performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a way that personal data can no longer be attributed to a specific data subject, without the use of additional information, provided that such additional information is stored separately and is subject to technical and organisational measures to ensure that personal data is not attributed to an identified or identifiable natural person.

g) Controller o responsabile del trattamento dati

The controller or data 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 the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for his or her appointment may be laid down by Union or Member State law.

h) Processor

The processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

(i) Recipient

The recipient is a natural or legal person, public authority, agency or other body, to whom personal data are disclosed, whether a third party or not. However, public authorities that may receive personal data in the framework of a particular investigation in accordance with Union or Member State law are not considered recipients; the processing of such data by such public authorities must comply with the applicable data protection rules according to the purposes of the processing.

(j) Third parties

A third party is a natural or legal person, public authority, agency or entity other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k) Consent

The data subject's consent is a freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by means of a statement or a clear affirmative action, signifies consent to the processing of personal data concerning him or her.

2. Name and address of controller

The controller for the purposes 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:

RESTAURANT STUBE VIVES

Via Rezia 231

39046 Ortisei – Val Gardena (BZ)

Tel: (+39) 0471 796 782

Website: www.stubevives.it

E-Mail: info@stubevives.it

VAT: IT02844400214

3. Cookies

The Internet pages of our website use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie has been stored. This allows the Internet sites and servers visited to differentiate the individual test subject's browser from other Internet browsers containing other cookies. A specific Internet browser can be recognised and identified using the unique cookie ID.

Through the use of cookies, we can provide users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of cookies, information and offers on our website can be optimised with the user in mind. 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 the user of the website using cookies, e.g. it is not necessary to enter login data each time the website is accessed, as this is taken over by the website and the cookie is then stored on the user's 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 may, at any time, prevent the setting of cookies via our website by means of the corresponding setting of the Internet browser used, and may then permanently deny the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible on all common Internet browsers. If the person concerned deactivates the cookie setting on the Internet browser used, 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 data subject or automated system calls up the website. This general data and information is stored in the server's log files. The following may 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 (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) any other similar data and information that may be used in the event of attacks on our computer systems.

When using these general data and information, no conclusions are drawn about the person concerned. Rather, this information is necessary to (1) correctly provide the content of our website, (2) optimise the content of our website and its advertising, (3) ensure the long-term viability of our computer systems and website technology, and (4) provide law enforcement authorities with the information they need to prosecute in the event of a cyber attack. Therefore, we statistically analyse anonymously collected data and data in order to increase the data protection and data security of our company and to ensure an optimal level of protection for the processed personal data. Anonymous data from server log files are stored separately from all personal data provided by a data subject.

5. Possibility of contact via the website

Our 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 is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purpose of processing or contacting the data subject. There is no transfer of these personal data 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 storage, or insofar as this is permitted by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the purpose of archiving is not applicable or if a retention period prescribed by the European legislator or another competent legislator expires, personal data are regularly blocked or deleted in accordance with legal requirements.

7. Rights of the data subject

a) Right of confirmation

Every data subject has the right conferred on him by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning him exist. If a data subject wishes to make use of this right of confirmation, he or she may, at any time, contact any employee of the controller.

(b) Right of access

Every data subject has the right conferred on him by the European legislator to obtain from the controller, free of charge, information on his stored personal data at any time and a copy of that information. Furthermore, European directives and regulations grant the data subject access to the following information:

- the purposes of the processing;

- the categories of personal data in question;

- 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 expected period for which personal data will be retained or, if not possible, the criteria used to determine that period.

- the existence of the right to request 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 existence of a right to lodge a complaint with the supervisory authority;

- where personal data are not collected from the data subject, any available information about their source;

- existence of automated decision-making processes, including profiling, as referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information on the logic involved, as well as on the significance and expected consequences of such processing for the data subject.

Furthermore, the data subject has the right to obtain information on the transfer of personal data to a third country or an international organisation. In such a case, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to make use of this right of access, he or she may, at any time, contact any employee of the controller.

(c) Right of rectification

Every data subject has the right conferred on him by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him. Taking into account the purposes of the processing, the data subject has the right to complete incomplete personal data, including by submitting a supplementary declaration.

If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact any employee of the controller.

(d) Right to erasure (right to be forgotten)

Every data subject has the right conferred on him by the European legislator to obtain from the controller the erasure of personal data concerning him without undue delay, and the controller is obliged to erase personal data without undue delay if one of the following grounds applies, provided that the processing is not necessary:

- Personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

- The data subject shall withdraw the consent on which the processing is based in accordance with Article 6(1)(a) of the GDPR, or Article 9(2)(a) of the GDPR, and where there are no other grounds for processing.

- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there is no legitimate ground for the processing or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

- Personal data have been unlawfully processed.

- Personal data must be erased in order to comply with a legal obligation under Union or Member State law to which the controller is subject.

- Personal data was 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 the data subject wishes to request the deletion of personal data stored by us, he or she may, at any time, contact any employee of the controller. An employee of our company must promptly ensure that the request for deletion is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to delete personal data, the controller, taking into account available technology and the costs of implementation, will take reasonable measures, including technical measures, to inform other controllers of personal data that the data subject has requested the deletion by such controllers of any links, copies or replications of such personal data, insofar as processing is not required. One of our employees will take the necessary measures in individual cases.

(e) Right to restrict processing

Every data subject has the right, granted by the European legislator, to obtain from the controller the restriction of processing if one of the following conditions applies:

- 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.

- The processing is unlawful and the data subject objects to the deletion of personal data and instead requests the restriction of their use.

- The controller no longer needs the personal data for processing purposes, but they are required by the data subject for the establishment, exercise or defence of legal claims.

- The data subject objected to the processing pursuant to Article 21(1) of the GDPR pending verification that the legitimate grounds of the controller outweighed those of the data subject.

If one of the above conditions is met and the data subject wishes to request the restriction of the processing of personal data stored by us, he or she may at any time contact any employee of the controller. Our employees will take care of the restriction of 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 that have been 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 hindrance to the controller to whom the personal data were provided, provided that the processing is based on the consent referred to in Article 6(1)(a) of the GDPR or point (a) of Article 9(2) 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, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to transmit personal data directly from one controller to another, where technically feasible and in doing so does not adversely affect the rights and freedoms of others.

In order to claim the right to data portability, the data subject may at any time contact any employee of our company.

(g) Right to object

Every data subject has the right, recognised by the European legislator, to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her, based on point (e) or (f) ) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

Every data subject has the right, recognised by the European legislator, to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her, based on point (e) or (f) ) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

If we process personal data for direct marketing purposes, the data subject has the right to object to the processing of personal data concerning him or her for such marketing at any time. This 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, on grounds relating to his or her particular situation, to object 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 GDPR, unless the processing is necessary for the performance of an activity carried out for reasons of public interest.

To exercise the right to object, the data subject may contact one of our employees. Furthermore, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58 / EC, to use his or her right to object by automated means using specific techniques.

(h) Automated individual decision-making, including profiling

Every data subject has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on him or her or significantly affects him or her, provided that the decision (1) is not necessary for entering into or performing a contract between the data subject and a data controller or (2) is not authorised by the law of the Union or the Member State to which the controller is subject and which also lays down appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

If the decision (1) is necessary to enter into, or perform, a contract between the data subject and a data controller, or (2) is based on the data subject's explicit consent, we will take appropriate measures to safeguard the data subject's rights and freedoms and the data subject's legitimate interests, as regards at least the right to obtain human intervention by the data controller, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise his or her rights regarding automated individual decision-making, he or she may, at any time, contact us.

i) Right to revoke data protection consent

Every data subject has the right, granted to him by the European legislator, to withdraw his consent to the processing of his personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, he or she may, at any time, contact us.

8. Data protection provisions concerning the application and use of YouTube

On this website, the controller has integrated YouTube components. YouTube is an Internet video portal that allows video publishers to set up video clips and other users free of charge, which also provides free viewing, reviewing and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full-length films and TV broadcasts, as well as music videos, trailers and user-made videos via the Internet portal.

YouTube's operating company is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

With each call to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, the Internet browser on the computer system of the person concerned is automatically requested to download a display of the corresponding YouTube component. Further information on YouTube can be obtained under https://www.youtube.com/yt/about/en/. In the course of this technical procedure, YouTube and Google acquire knowledge of the specific subpage of our website visited by the data subject.

If the data subject has logged onto YouTube, YouTube recognises the call to a subpage containing a YouTube video, which specific subpage of our website was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.

YouTube and Google will receive information via the YouTube component, about the fact that the data subject visited our website, if the data subject was logged into YouTube at the time of the visit to our website; this occurs regardless of whether the person clicks on a YouTube video or not. If the transmission of this information by YouTube and Google is not desired by the data subject, delivery can be prevented if the data subject logs out of their YouTube account before a call to our website is made.

YouTube's data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information on the collection, processing and use of personal data by YouTube and Google.

9. Payment method: data protection provisions concerning the use of PayPal as a 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 represent virtual private or business accounts. PayPal is also able to process virtual credit card payments when a 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 enables online payments to third parties or the receipt of payments. PayPal also accepts trustee functions and offers buyer protection services.

PayPal's European operating company is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the data subject chooses "PayPal" as payment option in the online shop when placing an order, we automatically transfer the data subject's data to PayPal. By selecting this payment option, the data subject accepts the transfer of 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 the processing of payments. The processing of the purchase contract also requires such personal data, which are related to the respective order.

The transmission of data is for the purpose of payment processing and fraud prevention. The data controller will transfer personal data to PayPal, in particular, if a legitimate interest in the transmission is provided. The personal data exchanged between PayPal and the data controller will be transmitted by PayPal to the credit agencies. This transmission is intended for identity and creditworthiness checks.

PayPal will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfil contractual obligations or for the data to be processed in the order.

The data subject has the possibility of revoking consent for the processing of personal data at any time by PayPal. Revocation has no effect on personal data that is to be processed, used or transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of PayPal can be retrieved at https://www.paypal.com/us/webapps/mpp/ua/privacy-full.

10. Legal Basis for Processing

Art. 6 (1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, such as when the processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6 (1) lit. b GDPR. The same applies to processing operations that are necessary for the execution of pre-contractual measures, such as in the case of requests relating to our products or services. Our company is subject to the 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 would be the case, for example, if a visitor was injured on our premises and their name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 (1) lit. d GDPR. Finally, processing operations could be based on Art. 6 (1) lit. f GDPR. This legal basis is used for processing operations that are not covered by any of the above-mentioned legal grounds, if the processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, except where such interests are outweighed by the interests or fundamental rights and freedoms of the data subject that require the protection of personal data. Such processing operations are particularly permissible because they were expressly mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2, GDPR).

11. LEGITIMATE INTERESTS PURSUED BY THE DATA CONTROLLER OR A THIRD PARTY

Where the processing of personal data is based on Article 6(1) lit. GDPR, our legitimate interest is to carry out our business for the benefit of all our employees and shareholders.

12. Period of retention of personal data

The criteria used to determine the retention period for personal data are the respective statutory retention periods. After the expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the commencement of a contract.

13. Provision of personal data as a legal or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide personal data; Possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information about the contractual partner). Sometimes it may be necessary for the conclusion of a contract that the data subject provides personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company enters into a contract with him or her. Failure to provide personal data would have the consequence that the contract with the data subject cannot be concluded. Before personal data is supplied by the data subject, the data subject may contact any employee. The employee will clarify to the data subject whether the provision of personal data is required by law or by the contract or is necessary for the conclusion of the contract, whether there is an obligation to provide personal data, and the consequences of not providing personal data.

14. Existence of automated decision-making processes

As a responsible company, we do not use automated decision-making or profiling.

This privacy policy was generated by the DGD's Privacy Policy Generator - Your External DPO, developed in cooperation with the German lawyers of WILDE BEUGER SOLMECKE, Cologne.inx.bz