0. General foreword to the model Privacy Policy
Lo Staff de il Pesciolino beacHouse rispetta gli standard previsti dal GDPR aggiornando l'informativa e consentendone una più facile lettura e comprensione.
Why do we keep our privacy policy up to date?
The staff of il Pesciolino beacHouse complies with the standards set by the GDPR by updating the policy and making it easier to read and understand.
What is the GDPR?
The GDPR is a regulation aimed at strengthening and unifying data protection for all entities within the European Union. And because we believe in the importance of privacy for all our customers, we are implementing it. The GDPR requires a higher level of transparency on how personal data is collected, stored and used, and more generally, imposes stricter limits on its use.
Why do we need your data?
beacHouse uses the data collected to improve your experience with us and through your consent offer you tailored offers, save you time, and make your experience or purchases even more convenient.
1. The role of the Organisation and that of the e-commerce site's sellers with respect to the processing of personal data
The information below is drafted, pursuant to Art. 13 of EU Regulation 2016/679, by the Staff of il Pesciolino beacHouse and in relation to the personal data of users collected when accessing and/or registering on the site www.ilpesciolino.com ("site") and/or making a purchase on the site and/or requesting the site's support and customer care services (cumulatively, the "Site Services").
The beacHouse operates on the site, of which it is the owner, as the provider of the registration service and the sales service. The site also hosts a technological platform, which also allows third party sellers, other than the Organisation ("Third Party Sellers" or "Sellers"), and buyers to be put in contact with each other for the purpose of buying and selling goods and/or services online ("Platform").
On the Platform resides the e-commerce site, i.e. the virtual space created and managed by the Organisation, within which Third Party Sellers can also offer and offer for sale their products and conclude the relevant purchase contracts with users ("MarketPlace"). On the site, therefore, users, after registering, can purchase both products sold by the Organisation and products sold by Third Party Sellers.
The user's personal data are therefore processed by the Staff of il Pesciolino beacHouse and, in case of purchase from a Third Party Seller, also by such Third Party Seller.
In this case, the Staff of il Pesciolino beacHouse and the Third Party Vendor act as autonomous data controllers, i.e. each of them processes the user's personal data for its own purposes, as illustrated in detail in this information notice.
The following information is provided, therefore, pursuant to Article 13 of the Regulation, with reference to the Organisation and, in case of purchase from a Third Party Vendor, also with reference to such Third Party Vendor, as, from time to time, identified and identifiable before the conclusion of the purchase contract on the website.
2. Identity and contact details of the Organisation and Third Party Sellers as autonomous data controllers
The Staff of il Pesciolino beacHouse with head office in Via Facta 18, Lido Marini - Salve, e-mail prenotazione@ilpesciolino.com, is the data controller of the personal data of users collected when using the Services of the site and, in particular, when accessing and/or registering on the site and/or making a purchase on the site and/or requesting the site's assistance and customer care services.
In the event of purchasing a product from a Third Party Vendor, the Third Party Vendor is also the data controller, limited to the data necessary for the execution of the purchase contract concluded through the site and further data collected when exercising the rights arising from said contract (and, in particular, the right of withdrawal and the legal guarantee of conformity).The contact details and identification details of the Third Party Vendor and its representative, if the Third Party Vendor is not established in the European Union, are contained in the Vendor's Data Sheet.
3. Contact details of the Organisation's Data Protection Officer and Third Party Sellers, if appointed
Users may contact the Data Protection Officer (also called "Data Protection Officer" or "DPO") for all matters relating to the processing of their personal data and the exercise of their rights under the Regulation.
The contact details of the Data Protection Officer of each Third Party Seller, if designated, can be found in the Seller's Schedule.
4. Processing of data by the Organisation for purposes of access and registration to the site, fulfilment of the purchase contract and/or execution of pre-contractual measures at the request of the interested party
The staff of il Pesciolino beacHouse will process the user's personal data to:
5. Processing of data by third party sellers for purposes of contract fulfilment in the case of purchase on the e-commerce site
In the case of a purchase on the e-commerce site from a Third Party Seller, without prejudice to the independent ownership of the Staff of il Pesciolino beacHouse for all the purposes illustrated in this policy, the Third Party Seller shall process the user's personal data in order to fulfil the sales contract concluded through the site.
The legal basis of this processing is the fulfilment of the contract (art. 6.1.b) of the Regulation).
For this purpose, the Third Party Seller will process the user's data for the time strictly necessary for the execution of the contract (for example, the data necessary for the execution of the purchase contract will be processed until the delivery of the product or, in the event of non-delivery, until the termination of the contract), it being understood that, once this term has expired, the Third Party Seller may retain such data for the purposes and for the maximum retention periods specified in sections 12, 13 and 14 of this information notice and/or, in any case, in the cases established by the Regulations and/or the law.
6. Data processing by the Organisation for generic marketing purposes
Subject to the user's express consent, the staff of il Pesciolino beacHouse will process the user's personal data in order to send him informative and promotional communications, including newsletters, discount vouchers and special offers, referring to its own and/or third parties' products and/or services, as well as for direct sales purposes and to carry out market research, by e-mail and by postal service.
The legal basis for this processing is the express consent of the user (Art. 6.1.a) of the Regulation).
The user may revoke the consent given and/or object to the processing of his or her data for marketing purposes at any time:
7. Treatment of e-mail address by the Organisation for soft-spam purposes
The Staff of the Pesciolino beacHouse will process the e-mail addresses (i.e. the e-mail address) provided by the user in the context of the purchase of a product and/or service offered and sold on the site directly by the Pesciolino beacHouse, in order to allow the same direct sale of similar products or services (and therefore the sending by e-mail to the user of promotional communications having as object such products and/or services) without the need for the express and prior consent of the interested party, as provided for by art. 130, 4th paragraph, Privacy Code, and provided that the user does not exercise the right to object in the manner indicated below (so-called soft-spam).
The legal basis for this processing is Art. 130, IV paragraph, of the Privacy Code, which expressly permits the processing in question.
The user may object to receiving soft-spam communications:
8. Processing of data by the Organisation for profiling purposes for marketing purposes
Subject to the user's explicit consent, beacHouse will process the users' personal data, in an automated way, to:
9. Processing of data by the Organisation for the purpose of assistance/customer care
The staff of il Pesciolino beacHouse will process users' data for general assistance and customer care activities and therefore to respond to requests for information from users or to respond to complaints, reports, objections as well as to allow the user, if he/she so wishes, to give a review.
The legal basis for this processing is the execution of pre-contractual measures taken at the request of the interested party (art. 6.1.b, last paragraph, of the Regulation) or, as the case may be, the legitimate interest of the Organisation (art. 6.1.f) of the Regulation).
It is the legitimate interest of the Staff of il Pesciolino beacHouse to respond to requests for information and / or reviews and / or reports and / or complaints and / or complaints of users of the Site (to which, moreover, il Pesciolino beacHouse is obliged to respond, even under the rules of the Consumer Code, for itself and also for Third Party Sellers, given its role as manager of the e-commerce site). This legitimate interest of the Staff of il Pesciolino beacHouse also coincides with the legitimate interest of the users of the Site themselves who make the requests and/or the reports and/or the disputes and/or the complaints in question and who, therefore, in the context of their relationship with il Pesciolino beacHouse, can be reasonably expected to expect that their personal data will be used by il Pesciolino beacHouse in order to provide a response.
The legitimate interest of il Pesciolino beacHouse thus identified may therefore be deemed to prevail over the fundamental rights and freedoms of the data subject, also by reason of such reasonable expectations and of the relationship existing between the data subject and il Pesciolino beacHouse as well as by reason of the nature of the data processed and of the coinciding interest of the data subjects.
The user has, in any case, the right to object, at any time, for reasons related to his personal situation, to the processing of personal data concerning him for the purpose in question (i.e. assistance and customer care).
To exercise this right, the user may:
Contact beacHouse at the following numbers:+39 351 8418342
10. Treatment of data by the Organisation for purposes of fraud prevention in the case of online payment by credit card, including profiling and monitoring
The staff of il Pesciolino beacHouse will process users' data for general assistance and customer care activities and therefore to respond to requests for information from users or to answer complaints, reports, objections as well as to allow the user, if he/she so wishes, to issue a review.
The legal basis for this processing is the execution of pre-contractual measures taken at the request of the data subject (art. 6.1.b, last paragraph, of the Regulation) or, as the case may be, the legitimate interest of il Pesciolino beacHouse (art. 6.1.f of the Regulation).
It is the legitimate interest of the staff of il Pesciolino beacHouse to respond to requests for information and / or reviews and / or reports and / or complaints and / or complaints of users of the site (to which, however, il Pesciolino beacHouse is obliged to respond, even under the rules of the Consumer Code, for itself and also for Third Party Sellers, given also its possible and implementable role as manager of the e-commerce site).
Such legitimate interest of il Pesciolino beacHouse also coincides with the legitimate interest of the same users of the site who make the requests and/or the reports and/or the disputes and/or the complaints in question and who, therefore, in the context of the relationship with il Pesciolino beacHouse, can be reasonably expected to expect that their personal data will be used by il Pesciolino beacHouse in order to provide a response.
The legitimate business interest thus identified may therefore be deemed to prevail over the fundamental rights and freedoms of the data subject, also by reason of such reasonable expectations and of the relationship existing between the data subject and the Pesciolino beacHouse as well as by reason of the nature of the data processed and of the coinciding interest of the data subjects.
The user has, in any case, the right to object, at any time, for reasons related to his personal situation, to the processing of personal data concerning him for the purpose in question (i.e. assistance and customer care).
To exercise this right, the user may:
Contact beacHouse at the following numbers:+39 351 8418342
11. Processing of personal data by the Organisation or the third party vendor for administrative-accounting and fiscal purposes
The Pesciolino beacHouse and, in case of purchase from a Third Party Vendor, such Third Party Vendor, shall process users' data for the purpose of fulfilling administrative and/or accounting and/or fiscal obligations connected to the provision of the Services of the site and/or the purchase contract concluded through the site, such as, for example, the keeping of accounting records and the issuing of the sales invoice.
The legal basis of this processing is the fulfilment of legal obligations to which the Pesciolino beacHouse is subject and/or, in the event of purchase from a Third Party Seller, the Third Party Seller itself.
The provision of data for the purpose in question is compulsory because their processing is necessary to allow il Pesciolino beacHouse and/or the Third Party Vendor to fulfil legal obligations incumbent on them. Any refusal to provide data for this purpose will make it impossible for the user to use the Services of the site and, in particular, to conclude the purchase contract through the site.
For this purpose, the Pesciolino beacHouse and/or the Third Party Seller shall process the user's data until the expiry of the terms provided for by law for the performance of each administrative-accounting and fiscal fulfilment and/or for the storage periods provided for by law for the preservation of the relative documentation.
12. Processing of personal data by the Organisation or the third-party vendor in order to allow the user to exercise rights
The beacHouse and in case of purchase from a Third Party Vendor, such Third Party Vendor, will process users' data in order to
13.Processing of data by the Organisation or the Third Party Seller for the purpose of ascertaining, exercising or defending a right
The beacHouse and, in case of purchase from a Third Party Seller, such Third Party Seller, shall process users' data for the establishment, exercise or defence of a right in all the competent venues.
The legal basis for this processing is legitimate interest (Art. 6.1.f of the Regulation).
It is a legitimate interest of the data controller to pursue remedies to ensure compliance with its contractual rights or to demonstrate that it has fulfilled its obligations arising from the contract with the data subject or imposed on the data controller by law. This legitimate interest is, in turn, based on the constitutionally protected right of defence. It may therefore be deemed to prevail over the fundamental rights and freedoms of the data subject, also by reason of the data subject's reasonable expectations.
The user has, in any case, the right to object, at any time, on grounds relating to his personal situation, to the processing of personal data concerning him for the purpose in question (i.e. defence of a right/justice).
To exercise this right, the user may:
14. Processing of health-related data by the Organisation or third-party vendor
The provision of health-related data is not required for registration on the site. The provision of health-related data is also not required to conclude a purchase contract via the website.
It may happen, however, that, in case of purchase of specific products (such as, for example, personal hygiene products or food products) ("Sensitive Products"), beacHouse or, in case of purchase from a Third Party Vendor, the Third Party Vendor may process data that, according to Art. 4.15 of the Regulation, can be considered as "data relating to health", insofar as they can infer, even indirectly, the state of health of a natural person or can infer information relating to his/her state of health. This data will be processed only for the purpose of executing the purchase contract and only and exclusively with the express and specific consent of the person concerned, which will be requested from the user before the order is placed for Sensitive Products.
The legal basis for this processing is the explicit consent of the data subject (Art. 9.2.a of the Regulation). In addition, beacHouse or, as the case may be, the Third Party Seller will process data relating to health, in the event that the user intends to take advantage of the facilitated VAT rate in relation to the purchase of a product that admits the application of this regime, as provided for by Law 28 February 1997, no. 30. In this case, in fact, the user will be asked to provide documentation proving the existence of a disability and, therefore, the provision of data relating to health, as defined in Article 4.15 of the Regulations.
Such data will be processed only for the purpose of enabling Il Pesciolino beacHouse, as the case may be, the Third Party Vendor, to comply with the provisions of Law 28 February 1997, no. 30 relating to the application of the reduced VAT rate and only and exclusively subject to the express and specific consent of the person concerned, which will be requested from the user at the same time as sending the documentation concerning the existence of the disability.
The legal basis for this processing is the explicit consent of the data subject (Art. 9.2.a of the Regulation).
The provision of health-related data is optional: there is no legal or contractual obligation on the user to provide such data. The provision of consent to the processing of such data is also optional. However, given the purpose of the processing (i.e. to allow the conclusion and execution of the purchase contract or the fulfillment of the provisions of Law No. 30 of 28 February 1997 on the subject of reduced VAT rate), in the event of failure to provide such data and/or failure to give consent to the processing of data relating to health, the user will not be able to conclude the purchase contract for the Sensitive Product or request the application of the reduced VAT rate.
15. Categories of persons to whom the Organisation or the third party vendor communicates the user's personal data (recipients)
Personal data provided by the user may be communicated by Il Pesciolino beacHouse or, as the case may be, by the Third Party Vendor to the categories of recipients indicated below. The subjects to whom the Pesciolino beacHouse and/or the Third Party Vendor communicate the data, act as external data processors designated or, respectively, by the Third Party Vendor by means of an appropriate contract ("Data Processors") or as persons authorised to process personal data under the direct authority of the Pesciolino beacHouse, as the case may be, of the Third Party Seller ("Processors") or, in the case of third parties used by the Processor, as "Sub-Processors", within the meaning of Art. 28.4 of the Regulation, except in cases where the Recipients act as autonomous data controllers, as, for example, in the case of the Payment Service Provider, or also as autonomous data controllers, as in the case of couriers.
16. Transfers to third countries
The personal data of users are transferred by il Pesciolino beacHouse, as the case may be, from the Third Party Vendor to the following third countries: U.S.A., Israel, Albania, Switzerland and China. The transfer takes place on the basis of the decisions of adequacy of the European Commission and of the consequent authorization measures of the Guarantor for the Protection of Personal Data or on the basis of the standard contractual clauses between the data controller and the data processor or even, in the case of transfer to China, on the basis of the exemption referred to in art. 49.1.b of the Regulation.
17. Right to object
The data subject shall have the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her that have as their legal basis the legitimate interest of the controller.
Where the data are processed for direct marketing purposes (and thus in the case of processing for the purposes referred to in sections 6, 7, and 8 of this notice), the data subject also has the right to object at any time to the processing of personal data concerning him or her carried out for such purposes, including profiling insofar as it is related to such direct marketing.
The data subject may exercise the right to object against the data controller in the following ways:
18. Right of access
The data subject shall be entitled to obtain from the data controller (i.e. the Pesciolino beacHouse or, in case of purchase from a Third Party Seller, from said Seller) confirmation as to whether or not personal data relating to him are being processed and, if so, to obtain access to the personal data and information listed below.
The data subject may exercise the right of access:
19. Right of rectification
The data subject has the right to obtain from the controller the rectification of personal data concerning him/her without undue delay. Taking into account the purposes of the processing, the data subject has the right to obtain the integration of incomplete personal data, also by providing a supplementary declaration.
The data subject may exercise the right to rectification:
20. Right of cancellation
The data subject has the right to obtain from the controller the erasure of personal data concerning him/her without undue delay and the controller is obliged to erase the personal data without undue delay. The data subject may exercise the right to erasure:
21. ight of restriction of processing
The data subject has the right to obtain from the data controller the restriction of processing
22. Right to data portability
The data subject has the right to receive, in a structured, commonly used and machine-readable format, the personal data concerning him/her that he/she has provided to a data controller and has the right to transmit these data to another data controller without hindrance from the data controller to whom he/she has provided them, if:
23. Response time and modalities in case of exercise of the data subject's rights
The data controller shall provide the data subject with information about the actions taken in relation to a request to exercise the rights recognised by Articles 15 to 22 of the Regulation (i.e. right of access, right to rectification, right to erasure, right to restriction of processing, right to data portability, right to object) and referred to in Sections 18, 19, 20, 21, 22 and 23 of this Policy ("Data Subject's Rights"), without undue delay and, in any case, within one month from receipt of the request. This period may be extended by two months if necessary, taking into account the complexity and number of requests. The data controller shall inform the data subject of this extension, and of the reasons for the delay, within one month of receipt of the request. If the data subject submits the request by electronic means, the information shall, where possible, be provided by electronic means, unless otherwise specified by the data subject.
24. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, a data subject who considers that processing operations concerning him or her are in breach of the Regulation shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State where he or she normally resides, works or where the alleged breach has occurred. The supervisory authority to which the complaint has been lodged shall inform the complainant of the status or outcome of the complaint, including the possibility of a judicial remedy.
