We recognize the importance of your privacy and of transparency in our processing of your personal data. At WineCo Swiss SA (we, our or WineCo), we recognize the importance of your privacy and of transparency in our processing of your personal data. This privacy notice (Privacy Notice) informs you on the personal data we collect and process in connection with the provision of our application accessible at VintageCellar App available on Android and Appstore, our website accessible at www.vintage-cellar.com (the Platforms) and/or the services provided through the Platforms (together with the Platforms, our Services). By accessing and using our Services, you expressly acknowledge that we may collect and process your personal data in accordance with this Privacy Notice. This Privacy Notice is incorporated into and forms an integral part of our terms of use for the Platforms (ToU). All capitalized terms not defined in this document have the meaning given to them in the ToU.
The following is a summary of (but not a replacement for) this Privacy Notice:
– WineCo Swiss SA is responsible for the processing, as controller, of your personal data. This Privacy Notice, however, only applies to our activities, and not to those of third party providers (even if we link to their services or contents) (see section 3);
– As part of our operation of the Services, we may collect personal data which is provided to us by you, or which we collect automatically when you interact with the Services (see section 4);
– We process such personal data in compliance with Swiss laws and other laws applicable to us, mainly for the purpose of providing our Services, in particular to operate the Platforms. We may also process your personal data to process your orders and payments, send our newsletter, analyze and improve the use of our Services, comply with our legal obligations, and for the other legitimate purposes indicated in this Privacy Notice (see section 7, as well as sections 5 and 6);
– Your personal data is stored in Switzerland and/or in the E.U. We do not share it with third parties or transfer it abroad unless this is both necessary for the operation of our Services and permitted by applicable laws. This may for instance be the case when we use service providers or must interact with third parties to conduct our professional activities (see sections 8 and 9);
– We do not store your personal data for longer than necessary for us to fulfill the purposes set out in this Privacy Notice (see section 10);
– We apply security measures and strive to protect your personal data. However, no IT infrastructure is completely secure and we cannot guarantee that ours is (see section 11);
– You may contact us ([email protected]) to exercise your rights pertaining to your personal data (see sections 13 and 14).
WineCo Swiss SA, Boulevard des Philosophes 15, c/o OBERSON ABELS Services SA, 1205 Geneva, Switzerland is responsible for the processing, as controller, of your personal data. You will find our contact details below in Section 12. This Privacy Notice only applies to data processing undertaken by or on behalf of us. Whilst we may provide links to third party websites, contents, or services, we are not responsible for their policies in relation to personal data. In such circumstances, the collection and use of your personal data are governed by the privacy policy of those third-party providers, which you should carefully review to learn more about their personal data processing practices
We collect the personal data you provide us. We collect the personal data that you provide to us when using our Services, for example when you use our Platforms, place an order or communicate with us, when you create and/or manage your account, through web forms you fill, when you subscribe to our newsletter, apply for a job, upload or publish content (pictures, comments, etc.). You are only authorized to provide us with personal data relating to you directly unless you obtain the prior consent of the individual you want to share information about. Some information is mandatory, and some is optional. It is mandatory that you complete the data fields identified by an asterisk. If one or more mandatory data fields are not completed, we will not be able to provide access to our Services. You are not required to complete the optional data fields in order to access our Services. These fields may be completed at any time through your account settings. Certain personal data are also collected in an automated manner. We also automatically collect personal data, including by means of tools, web forms, cookies and other active elements, as further described in this Privacy Notice. You may define certain authorizations relating to the automatic collection of your personal data when you configure your device or your internet browser according to available functionalities. You may also define certain settings for the automated collection of your personal data through the cookies setting plugin available on the Platforms. For more detailed information, please see the cookie section below (section 12).
We collect the personal data you provide us. We collect the personal data that you provide to us when using our Services, for example when you use our Platforms, place an order or communicate with us, when you create and/or manage your account, through web forms you fill, when you subscribe to our newsletter, apply for a job, upload or publish content (pictures, comments, etc.). You are only authorized to provide us with personal data relating to you directly unless you obtain the prior consent of the individual you want to share information about. Some information is mandatory, and some is optional. It is mandatory that you complete the data fields identified by an asterisk. If one or more mandatory data fields are not completed, we will not be able to provide access to our Services. You are not required to complete the optional data fields in order to access our Services. These fields may be completed at any time through your account settings. Certain personal data are also collected in an automated manner. We also automatically collect personal data, including by means of tools, web forms, cookies and other active elements, as further described in this Privacy Notice. You may define certain authorizations relating to the automatic collection of your personal data when you configure your device or your internet browser according to available functionalities. You may also define certain settings for the automated collection of your personal data through the cookies setting plugin available on the Platforms. For more detailed information, please see the cookie section below (section 12).
We process your personal data only if we have a valid legal ground to do so. We will only process your personal data if we have a valid legal ground for doing so. Depending on the processing activity carried out, we will therefore only process your personal data if:
– The processing is necessary to fulfil our contractual obligations to you or to take pre-contractual steps at your request (Contractual Necessity);
This is particularly the case when processing your personal data is strictly necessary to provide you with the Services, as further specified in section 7 below. When the GDPR applies, Contractual Necessity is based on Article 6(1)(b) GDPR;
– The processing is necessary for the fulfilment of our legitimate interests, and only to the extent that your interests or fundamental rights and freedoms do not require us to refrain from processing (Legitimate Interest);
Our Legitimate Interests include in particular (i) ensuring that our Services are provided in an efficient and secure way (e.g. through internal analysis of the Services’ stability and security, updates and troubleshooting, as well as support services); (ii) improving and developing the Services (including monitoring the use of our Services, and for statistical purposes); (iii) benefiting from cost-effective services (e.g. we may opt to use certain services offered by suppliers rather than undertaking the activity ourselves); and (iv) achieving our corporate goals. When the GDPR applies, Legitimate Interest is based on Article 6(1)(f) GDPR;
– We have obtained your prior consent in a clear and unambiguous manner (Consent);
When the GDPR applies, Consent is based on Article 6(1)(a) GDPR;
– The processing is necessary to comply with our legal or regulatory obligations (Legal Obligation);
Finally, we will process your personal data if we are required to do so by law, as further specified in section 7 below. When the GDPR applies, Legal Obligation is based on Article 6(1)(c) GDPR.
Your personal data is stored in Switzerland and/or the European Union, or in the geographic location where you reside, but may in certain circumstances be disclosed in other countries. We store your personal data on servers located in Switzerland and/or the European Union. We may also store a copy your personal data near to the geographic location where you reside (e.g. in the U.S. for U.S. users) in order to provide you with a better service. In principle, we do not transfer your personal data to other countries or make it available there. However, in certain circumstances, in particular in connection with the operations of our subcontractors, your personal data may be made available to recipients located abroad (e.g. Google is headquartered in the U.S, from which locations some data may be available). In such cases, we will ensure that suitable safeguards are in place, in accordance with applicable data protection laws, for instance by relying on standard contractual clauses adopted by the European Commission. If you transmit information and data to us, you are expressly deemed to consent to such data transfers. You may request additional information in this regard and obtain a copy of the relevant safeguards upon request by sending a request to the contact address indicated in section 14 below.
Your personal data will not be stored longer than necessary. We will erase or anonymize personal data as soon as it is no longer necessary for us to fulfil the purposes set out in section 7 of this Privacy Notice. This period varies, depending on the type of data concerned and the applicable legal requirements. More information on each type of processing can be found in section 7 above. Your account information is retained for as long as your account is active. If you suppress your user account, your account information will be deleted or anonymized within 30 days after such event, unless data must be retained for a valid reason (such as evidentiary or tax purposes). In view of the legal obligations incumbent upon us, certain information relating in particular to the contractual relationship must be retained for at least 10 years.
We maintain physical, technical, and procedural safeguards to keep your personal data secure. We are committed to the security of your personal data, and have in place physical, administrative and technical measures designed to keep secure your personal data and to prevent unauthorized access to it. We restrict access to your personal data to those persons who need to know it for the purpose described in this Privacy Notice. In addition, we use standard security protocols and mechanisms to exchange the transmission of sensitive data. When you enter sensitive information on our Platforms, we encrypt it using Transport Layer Security (TLS) technology. Although we take appropriate steps to protect your personal data, no IT infrastructure is completely secure. Therefore, we cannot guarantee that data you provide to us is safe and protected from all unauthorized third-party access and theft. We waive any liability in this respect. The internet is a global environment. As a result, by sending information to us electronically, such data may be transferred internationally over the internet depending upon your location. Internet is not a secure environment and this Privacy Notice applies to our use of your personal data once it is under our control only. Given the inherent nature of the internet, all internet transmissions are done at your own risk. If we have reasonable reasons to believe that your personal data have been acquired by an unauthorized person, and applicable law requires notification, we will promptly notify you of the breach by email (if we have it) and/or by any other channel of communication (including by posting a notice on the Platforms).
You have the right to access your personal data we process and may request that they be removed, updated, or rectified. Unless otherwise provided by law, you have the right to know whether we are processing your personal data. You may contact us to know the content of such personal data, to verify its accuracy, and to the extent permitted by law, to request that it be supplemented, updated, rectified or erased. You also have the right to ask us to cease any specific processing of personal data that may have been obtained or processed in breach of applicable law, and you have the right to object to any processing of personal data for legitimate reasons. By accessing your user account (if you have one), you can review, update, correct or delete the personal data available within your user account. If you request us to delete your personal data from our systems, we will do so unless we need to retain your data for legal or other legitimate reasons. Please note that any information that we have copied may remain in back-up storage for some period of time after your deletion request. Where we rely on your consent to process your personal data, we will seek your freely given and specific consent by providing you with informed and unambiguous indications relating to your personal data. You may revoke at any time such consent (without such withdrawal affecting the lawfulness of processing made prior to). The above does not restrict any other rights you might have pursuant to applicable data protection legislation under certain circumstances. In particular, if the GDPR applies to the processing of your personal data, the GDPR grants you certain rights as a data subject if the respective requirements are met: Right of access (Art. 15 GDPR) – you have the right to access and ask us for copies of your personal data. Right to rectification (Art. 16 GDPR) – you have the right to ask us to rectify personal data you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. Right to erasure (Art. 17 GDPR) – you have the right to ask us to erase your personal data in certain circumstances. Right to restriction of processing (Art. 18 GDPR) – you have the right to ask us to restrict the processing of your personal data in certain circumstances. Right to data portability (Art. 20 GDPR) – you have the right to ask that we transfer in a structured, commonly used and machine-readable format the personal data you gave us to another organization, or to you, in certain circumstances. Right to object to processing (Art. 21 GDPR) – you have the right to object to the processing of your personal data which is based on our Legitimate Interests, in certain circumstances. In such case, we will no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing, which override your interests, rights and freedoms or where the processing is necessary for the establishment, exercise or defense of legal claims. As a rule, you are not required to pay any charge for exercising your rights and we will respond to your request within one month. You will find further details of your rights in sections 5 and 7 of this Privacy Notice in connection with each processing activity we perform. If you want to exercise any of your rights, or want additional information about them, please contact us using the contact details listed below (see section 14). You have the right to lodge a complaint with the competent authority. If you are not satisfied with the way in which we process your personal data, you may lodge a complaint with the competent data protection supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, in addition to the rights described above. Although this is not required, we recommend that you contact us first, as we might be able to respond to your request directly. Your rights under the California Consumer Privacy Act (CCPA) If you are a California resident using the Services, the California Consumer Privacy Act (CCPA) may provide you the right to request access to and deletion of your personal data. If you are a California resident, you may request that we: – disclose to you the following information covering the 12 months preceding your request: the categories and specific pieces of personal information we collected about you and the categories of personal information we sold (see sections 4 and 7 of this Privacy Notice); the categories of sources from which we collected such personal information (see section 4 of this Privacy Notice); the business or commercial purpose for collecting or selling personal information about you (see sections 6 and 7 of this Privacy Notice); and the categories of third parties to whom we sold or otherwise disclosed personal information (see section 8 of this Privacy Notice). – delete personal information we collected from you; or – opt-out of any future sale of personal information about you. In addition, users of the Services who are California residents and under 18 years of age may request and obtain removal of content they posted. We do not sell user personal data to third parties for the intents and purposes of the CCPA. To exercise the right to request access to and deletion of your personal data, please see the contact details in section 14 below. We do not discriminate based on the exercise of any privacy rights that you might have under this section and will respond to your request consistent with applicable law. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the content you want removed and information reasonably sufficient to permit us to locate that content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information. Please note that your request does not ensure complete or comprehensive removal of the material. For example, materials that you have posted may be republished or reposted by another user or third party.
If you believe your personal data has been used in a way that is not consistent with this Privacy Notice, or if you have any questions or queries regarding the collection or processing of your personal data, please contact us at [email protected].
This Privacy Notice may be subject to amendments. Any changes or additions to the processing of personal data as described in this Privacy Notice affecting you will be communicated to you through an appropriate channel, depending on how we normally communicate with you (including by email and/or via the Platforms, e.g. banners, pop-ups or other notification mechanisms). If you do not agree to the changes made, you must stop accessing and/or using the impacted Services.
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