Data Controller and Data Processor

Trinche di Luis Miguel Andrada Dutra
Via  Martin Luther King 108 , 51015 Monsummano Terme, PT, Italy

Controller contact email address: shop@trinchebalk.com

Types of Data collected

The Controller does not provide a list of the categories of Personal Data collected.

Complete details on each category of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanatory texts displayed prior to the collection of the Data.
Personal Data may be freely provided by the User or, in the case of Usage Data, collected automatically when using this Website.
All Data requested by this Website are mandatory and failure to provide such Data may make it impossible for this Website to provide the Service. In cases where this Website specifically states that some Data are not mandatory, Users are free not to communicate such Data without this having any consequence on the availability or the functioning of the Service. Users who are uncertain about which Data are mandatory may contact the Controller.
Any use of Cookies - or of other tracking tools - by this Website or by the owners of third-party services used by this Website serves the purpose of providing the Service requested by the User, in addition to any other purposes described in this document and in the Cookie Policy, if available.

The User assumes responsibility for any third-party Personal Data obtained, published or shared through this Website and hereby confirms that they have the third party's consent to provide such Data to the Controller.

Mode and place of processing the Data collected

Methods of processing

The Controller processes Users' Data in a proper manner and takes appropriate security measures to prevent unauthorised access, disclosure, modification or destruction of the Data.
The Data processing is carried out using computers and/or IT-enabled tools, following organisational procedures and modes strictly related to the purposes indicated. In addition to the Controller, in some cases the Data may be accessible to certain categories of authorised persons involved in the operation of this Website (administration, sales, marketing, legal and system administration) or external parties providing services to the Controller (such as third-party technical service providers, couriers, hosting providers, IT companies, communications agencies), who will be appointed as Processors by the Controller where necessary. The updated list of these parties may be requested from the Controller at any time.

Legal basis of processing

The Controller may process Personal Data relating to Users if one of the following applies:

• Users have given their consent for one or more specific purposes. Note: under some legislations, the Controller may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other legal basis. This, however, does not apply whenever the processing of Personal Data is subject to European data protection law;
• collection of the Data is necessary for the performance of a contract with the User and/or for any pre-contractual obligations thereof;
• processing is necessary for compliance with a legal obligation to which the User is subject;
• processing is related to a task carried out in the public interest or in the exercise of official authority vested in the Controller;
• processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party.

In any case, the Controller will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Place

The Data are processed at the Controller's operating offices and in any other places where the parties involved in the processing are located.
Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organisation governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Controller to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or by enquiring with the Controller using the information provided in the contact section.

Retention period

Personal Data shall be processed and stored for as long as required by the purpose for which they have been collected.

Therefore:

• Personal Data collected for purposes related to the performance of a contract between the Controller and the User shall be retained until such contract has been fully performed.
• Personal Data collected for the purposes of the Controller's legitimate interests shall be retained for as long as needed to fulfil such purposes. Users may find specific information regarding the legitimate interests pursued by the Controller within the relevant sections of this document or by contacting the Controller.

The Controller may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Controller may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

The rights of Users

Users may exercise certain rights regarding their Data processed by the Controller.

In particular, Users have the right to do the following:

• Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
• Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
• Access their Data. Users have the right to learn whether their Data are being processed by the Controller, to obtain disclosure regarding certain aspects of the processing and to obtain a copy of the Data undergoing processing.
• Verify and seek rectification. Users have the right to verify the accuracy of their Data and to ask for them to be updated or corrected.
• Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Controller will not process their Data for any purpose other than storing it.
• Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Controller.
• Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine-readable format and, where technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data are processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
• Lodge a complaint. Users have the right to lodge a complaint before their competent data protection authority.

Details about the right to object to processing

Where Personal Data are processed for a public interest, in the exercise of an official authority vested in the Controller or for the purposes of the legitimate interests pursued by the Controller, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know, however, that, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn whether the Controller is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.

How to exercise these rights

Any requests to exercise User rights can be directed to the Controller through the contact details provided in this document. These requests shall be dealt with by the Controller free of charge, as early as possible and in any event within one month.

Further information about the collection and processing of Data

Legal action

The User's Personal Data may be used for legal purposes by the Controller in court or in the stages leading to possible legal action arising from improper use of this Website or the related Services.
The User declares to be aware that the Controller may be required by public authorities to disclose Personal Data.

Additional information about the User's Personal Data

In addition to the information contained in this privacy policy, this Website may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data.

System logs and maintenance

For operation and maintenance purposes, this Website and any third-party services it uses may collect system logs, that is, files that record interactions with this Website and that may contain Personal Data, such as the User's IP address.

Information not contained in this privacy policy

More details concerning the collection or processing of Personal Data may be requested from the Controller at any time. The contact details are set out at the beginning of this document.

How “Do Not Track” requests are handled

This Website does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honour “Do Not Track” requests, please read their respective privacy policies.

Changes to this privacy policy

The Controller reserves the right to make changes to this privacy policy at any time by notifying Users on this page and, if possible, within this Website and/or, as far as technically and legally feasible, by sending a notice directly to Users, where the Controller holds the contact details required for this purpose. It is strongly recommended to check this page often, referring to the date of the last update indicated at the bottom of the page.

Should the changes affect processing activities performed on the basis of the User's consent, the Controller shall collect new consent from the User, where required.

Information for Californian consumers

This part of the document supplements and completes the information contained in the rest of the privacy policy and is provided by the business operating this Website and, where applicable, its parent company, subsidiaries and affiliates (for the purposes of this section referred to collectively as “we”, “us”, “our”).

The provisions contained in this section apply to all Users (hereinafter, Users are referred to simply as “you”, “your”, “yours”) who are consumers residing in the state of California, United States of America, under the "California Consumer Privacy Act of 2018" (the "CCPA"), as updated by the "California Privacy Rights Act" (the "CPRA") and subsequent regulations. For such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy.

This part of the document uses the term “personal information“ as defined in the California Consumer Privacy Act (CCPA/CPRA).

Notice at collection

Categories of personal information collected, used, sold or shared

In this section we summarise the categories of personal information that we have collected, used, sold or shared and the purposes thereof. You can read about these activities in detail in the section titled “Detailed information on the processing of Personal Data” within this document.

Information we collect: the categories of personal information we collect

We have collected the following categories of personal information about you: .

We do not collect sensitive personal information.

We will not collect additional categories of personal information without notifying you first.

What are the purposes for which we use your personal information?

We may use your personal information to allow the operational functioning of this Website and its features (“business purposes”). In such cases, your personal information will be processed in a manner that is necessary and proportionate to the business purpose for which it was collected, and strictly within the limits of compatible operational purposes.

We may also use your personal information for other reasons, such as for commercial purposes (as indicated in the section “Detailed information on the processing of Personal Data” within this document), as well as for complying with the law and defending our rights before the competent authorities where our rights and interests are threatened or we suffer actual damage.

We will not process your information for unexpected purposes, or for purposes incompatible with the purposes originally disclosed, without your consent.

How long do we keep your personal information?

Unless otherwise stated within the section “Detailed information on the processing of Personal Data”, we will not retain your personal information for longer than is reasonably necessary for the purposes for which it has been collected.

How we collect information: what are the sources of the personal information we collect?

We collect the above-mentioned categories of personal information, either directly or indirectly, from you when you use this Website.

For example, you directly provide your personal information when you submit requests via any forms on this Website. You also provide personal information indirectly when you navigate this Website, as personal information about you is automatically observed and collected.

How we use the information we collect: disclosing your personal information to third parties for a business purpose

We do not disclose your personal information to third parties. For our purposes, the term “third party” means “a person who is not any of the following: a service provider or a contractor, as defined by the CCPA.

No sale of your personal information

We do not sell or share your personal information. Should we decide to do so, we will inform you beforehand and will grant you the right to opt out of such sale.

Your privacy rights under the California Consumer Privacy Act (CCPA) and how to exercise them

The right to access personal information: the right to know and the right to portability

You have the right to request that we disclose to you:

• the categories of personal information that we collect about you;
• the sources from which the personal information is collected;
• the purposes for which we use your information;
• to whom we disclose such information;
• the specific pieces of personal information we have collected about you.

You also have the right to know what personal information is sold or shared and to whom. In particular, you have the right to request two separate lists from us where we disclose:

• the categories of personal information that we sold or shared about you and the categories of third parties to whom such personal information was sold or shared;
• the categories of personal information that we disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.

The disclosure described above will be limited to the personal information collected or used over the past 12 months.

If we deliver our response electronically, the information enclosed will be "portable", that is, delivered in an easily usable format to enable you to transmit the information to another entity without hindrance – provided that this is technically feasible.

The right to request the deletion of your personal information

You have the right to request that we delete any of your personal information, subject to exceptions set out by law (such as, including but not limited to, where the information is used to identify and repair errors on this Website, to detect security incidents and protect against fraudulent or illegal activity, to exercise certain rights, etc.).

If no legal exception applies, as a result of exercising your right, we will delete your personal information and notify each of our service providers and all third parties to whom we have sold or shared such personal information to do likewise – provided that this is technically feasible and does not involve disproportionate effort.

The right to correct inaccurate personal information

You have the right to request that we correct any inaccurate personal information we hold about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.

The right to opt out of the sale or sharing of personal information and to limit the use of your sensitive personal information

You have the right to opt out of the sale or sharing of your personal information. You also have the right to request that we limit our use or disclosure of your sensitive personal information.

The right of no retaliation following opt-out or exercise of other rights (the right to non-discrimination)

We will not discriminate against you for exercising your rights under the CCPA. This means that we will not discriminate against you, including but not limited to, by denying you goods or services, charging you a different price, or providing a different level or quality of goods or services just because you have exercised your consumer privacy rights.

However, if you refuse to provide your personal data to us or ask us to delete it or to stop selling it, and such personal data or sale is necessary for us to provide you with goods or services, we may not be able to complete that transaction.

To the extent permitted by law, we may offer you promotions, discounts and other deals in exchange for collecting, keeping or selling your personal data, provided that the financial incentive offered is reasonably related to the value of your personal data.

How to exercise your rights

To exercise the rights described above, you need to submit your verifiable request to us by contacting us via the details provided in this document.

For us to respond to your request, it is necessary that we know who you are. Therefore, you can only exercise the above rights by making a verifiable request which must:

• provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal data or an authorised representative;
• describe your request with sufficient detail to allow us to properly understand, evaluate and respond to it.

We will not respond to any request if we are unable to verify your identity and therefore confirm that the personal data in our possession actually relate to you.

Making a verifiable consumer request does not require you to create an account with us. We will use any personal data collected from you in connection with the verification of your request solely for the purposes of verification and shall not further disclose such personal data, retain it longer than necessary for purposes of verification, or use it for unrelated purposes.

If you cannot personally submit a verifiable request, you can authorise a person registered with the California Secretary of State to act on your behalf.

If you are an adult, you can make a verifiable request on behalf of a minor under your parental responsibility.

You can submit a maximum of 2 requests over a period of 12 months.

How and when we are expected to handle your request

We will confirm receipt of your verifiable request within 10 days and provide information about how we will process your request.

We will respond to your request within 45 days of its receipt. Should we need more time, we will explain to you the reasons why, and how much more time we need. In this regard, please note that we may take up to 90 days to fulfil your request.

Our disclosures will cover the preceding 12-month period. Only with regard to personal data collected on or after 1 January 2022, you have the right to request that we disclose information beyond the 12-month period, and we will provide it to you unless this proves impossible or would involve a disproportionate effort.

Should we deny your request, we will explain to you the reasons behind our denial.

We do not charge a fee to process or respond to your verifiable request unless such request is manifestly unfounded or excessive. In such cases, we may charge a reasonable fee or refuse to act on the request. In either case, we will communicate our choices and explain the reasons behind them.

Information for Virginia consumers

This part of the document supplements and completes the information contained in the rest of the privacy policy and is provided by the Data Controller running this Application and, if applicable, its parent company, subsidiaries and affiliates (for the purposes of this section referred to collectively as “we”, “us”, “our”).

The provisions contained in this section apply to all Users (hereinafter, Users are referred to simply as “you”, “your”, “yours”) who are consumers residing in the Commonwealth of Virginia, according to the “Virginia Consumer Data Protection Act" (the "VCDPA") and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy.

This part of the document uses the term “personal data” as defined in the VCDPA.

Categories of personal data processed

In this section we summarise the categories of personal data that we have processed and the purposes thereof. You can read about these activities in detail in the section titled “Detailed information on the processing of Personal Data” within this document.

Categories of personal data we collect

We have collected the following categories of personal data:

We do not collect sensitive data.

We will not collect any additional categories of personal data without informing you.

Why we process your personal data

To find out why we process your personal data, you can read the sections titled “Detailed information on the processing of Personal Data” and “Purposes of processing” within this document.

We will not process your information for unexpected purposes, or for purposes incompatible with the purposes originally disclosed, without your consent.
You may freely give, deny or withdraw such consent at any time using the contact details provided in this document.

How we use the data we collect: sharing of your personal data with third parties

We do not share or disclose your personal data to third parties.
For our purposes, the term "third party" means "a natural or legal person, public authority, agency or body other than the consumer, controller, processor or an affiliate of the processor or the controller", as defined by the VCDPA.

Sale of your personal data

We do not sell your personal data. Should we decide to do so, we will inform you beforehand and will grant you the right to object (opt out) to such sale.

Processing of your personal data for targeted advertising

We do not process your personal data for targeted advertising. Should we decide to do so, we will inform you beforehand and will grant you the right to object (opt out) to the processing of your personal data for targeted advertising.

Your privacy rights under the Virginia Consumer Data Protection Act and how to exercise them

You may exercise certain rights regarding your data processed by us. In particular, you have the right to do the following:

• access personal data: the right to know. You have the right to request that we confirm whether or not we are processing your personal data. You also have the right to access such personal data.
• correct inaccurate personal data. You have the right to request that we correct any inaccurate personal data we maintain about you, taking into account the nature of the personal data and the purposes of the processing.
• request the deletion of your personal data. You have the right to request that we delete any of your personal data.
• obtain a copy of your personal data. We will provide your personal data in a portable and usable format that allows you to transfer the data easily to another entity – provided that this is technically feasible.
• opt out of the processing of your personal data for the purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
• non-discrimination. We will not discriminate against you for exercising your rights under the VCDPA. This means that we will not, among other things, deny you goods or services, charge you a different price, or provide a different level or quality of goods or services just because you have exercised your consumer privacy rights. However, if you refuse to provide your personal data to us or ask us to delete or stop selling your personal data, and that personal data or sale is necessary for us to provide you with goods or services, we may not be able to complete that transaction. To the extent permitted by law, we may offer a different price, rate, level, quality or selection of goods or services to you, including offering goods or services for no fee, if you have exercised your right to opt out, or where our offer is related to your voluntary participation in a bona fide loyalty, rewards, premium features, discounts or club card programme.

How to exercise your rights

To exercise the rights described above, you need to submit your request to us by contacting us via the contact details provided in this document.

For us to respond to your request, we need to know who you are.

We will not respond to any request if we are unable to verify your identity using commercially reasonable efforts and therefore confirm that the personal data in our possession actually relate to you. In such cases, we may request that you provide additional information which is reasonably necessary to authenticate you and your request.

Making a consumer request does not require you to create an account with us. However, we may require you to use your existing account. We will use any personal data collected from you in connection with your request solely for the purposes of authentication, without further disclosing the personal data, retaining it longer than necessary for purposes of authentication, or using it for unrelated purposes.

If you are an adult, you can make a request on behalf of a minor under your parental authority.

How and when we are expected to handle your request

We will respond to your request without undue delay and, in any event, at the latest within 45 days of its receipt. Should we need more time, we will explain to you the reasons why, and how much more time we need. In this regard, please note that we may take up to 90 days to fulfil your request.

Should we decline to act on your request, we will explain to you the reasons for our refusal without undue delay and, in any event, at the latest within 45 days of receipt of the request. You have the right to appeal such decision by submitting a request to us via the contact details provided in this document. Within 60 days of receipt of the appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you may contact the Attorney General to submit a complaint.

We do not charge a fee to respond to your request, for up to two requests per year. If your request is manifestly unfounded, excessive or repetitive, we may charge a reasonable fee or refuse to act on the request. In either case, we will communicate our choices and explain the reasons behind them.