Privacy Policy

Information on the processing of personal data pursuant to Art. 13 of EU Reg. No. 679/2016

Introduction

This privacy notice is provided by Società Agricola Locanda Orvieto S.S. (Tax code 01613100559, VAT number 01613100559), with registered office in Orvieto (TR), Strada della Stazione 23 (Società Agricola Locanda Orvieto S.S.) (hereinafter “Data Controller“), in compliance with Italian Legislative Decree 196/2003 (Italian Privacy Code) as amended by Legislative Decree No. 101 of 10 August 2018 to align national legislation with the provisions of European Regulation EU 2016/679 (GDPR).

This notice is provided to Customers, in their capacity as data subjects (in the singular, “User”), with regard to the processing of personal data carried out by the Data Controller, through the platform named “PIENISSIMO“, for the management of its business activities, bookings, services offered, and commercial contacts with its clientele.

The notice is provided through paper forms and/or electronic tools, including through any links available to and consulted by the User on the Data Controller’s website where services offered by the Data Controller are requested, namely:

• a) to Users who use the Data Controller’s website to request information or book a table;
• b) to Users who voluntarily provide their data, through their own mobile device or the Data Controller’s devices (tablets), to access services such as the restaurant’s loyalty program or the free Wi-Fi connection within the venue;
• c) to Users who, physically present in the venue, voluntarily provide their data to receive newsletters, commercial communications, and/or advertising material on products or services offered by the Data Controller.

Provisions

1. Data Controller

The Data Controller is Società Agricola Locanda Orvieto S.S. (Tax code 01613100559, VAT number 01613100559), reachable at the following contacts:

Postal address: Strada della Stazione 23, 05018 Orvieto (TR), Italy
Email: info@locandaorvieto.it

2. Data Acquisition

The personal data processed are acquired by the Data Controller for the management of bookings and/or to allow the User to access other services offered, for example to use the free Wi-Fi service within the venue, to use the “fast-line” option, for customer experience questionnaires, or to participate in the loyalty program in order to benefit from rewards and discounts.

3. Data Subject to Processing

Notwithstanding that the expression “common data” refers to any information concerning an identified or identifiable natural person, such as name, surname, tax code, contact details, residence, etc., and that the expression “sensitive/special data” refers to any information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, as well as genetic data, biometric data intended to uniquely identify a natural person, data concerning health or sexual life or sexual orientation:

The personal data that will be processed are the User’s common identification and contact data, in addition to other data instrumental to the requested service. In relation to specific requirements expressed by the User during booking, the Data Controller may collect and process sensitive/special data of the User, such as health-related data (e.g. food allergies or intolerances). In any case, outside of derogation cases, such data may be processed only with the written consent or equivalent (“equivalent consent” also being the online expression of will through procedures such as clicking buttons of the type “I Accept”, “Send”, etc., or ticking boxes next to the wording “I consent to processing”, etc.) of the User, in compliance with current regulations on the processing of personal data.

The purposes for processing sensitive/special category data are connected solely to the management of the booking (processing of data capable of revealing racial or ethnic origin in the case of foreign User name indication when booking a table, processing of data capable of revealing religious or philosophical beliefs or health-related data in the case of notes in the booking field, and similar). In any case, the Data Controller will process — where applicable — only the data essential for the purposes for which processing is permitted and which cannot be fulfilled, on a case-by-case basis, by processing anonymous data or personal data of a different nature.

4. Navigation Data

Where the acquisition of the User’s data takes place digitally, through IT devices such as PCs or smartphones — i.e. in the cases referred to in letters a) and b) of the introduction — the Data Controller will also collect and process the User’s navigation data, the transmission of which is implicit in the use of internet communication protocols.

The use of cookies and other digital tools with similar functionality is described in more detail in the dedicated cookie policy, available online on the Data Controller’s website in the appropriate section.

5. Primary Purposes of Processing

The primary purpose of processing is to allow the User to book a table or use other services offered by the Data Controller, such as free Wi-Fi within the venue, the fast-line option, or the loyalty program.

Additional purposes for which the Data Controller collects data are:

• a) compliance with legal, accounting, tax, administrative and contractual obligations related to existing or future relationships, or to the provision of the requested services;
• b) preparation of measures concerning the protection of staff against any acts committed by Users that are unlawful or fraudulent or otherwise in violation of the service offered or of legal provisions or principles of correct conduct in commercial relations, including activities and processing aimed at identifying the person responsible for such acts and at retaining the relevant information for subsequent judicial protection or other determinations by the Data Controller;
• c) collection, retention and processing of the data provided by the User to carry out statistical analyses in anonymous and/or aggregated form, without the possibility of identification, aimed at verifying the quality of services offered;
• d) communicating with Users via email or telephone regarding the booking made.

5.1 Mandatory or optional nature of consent for primary processing purposes

The provision of data, although not mandatory, is necessary and essential to manage and finalize the booking, and to access the other services described above. The Data Controller therefore has no obligation to acquire specific consent for processing from the User, as the processing responds to specific requests by the data subject.

Should the User not wish to provide the personal data requested and necessary for the booking, it will not be possible to proceed with the booking.

6. Secondary Processing Purposes for Promotional, Advertising and Marketing Purposes

The personal data collected may also be processed, both in paper form (e.g. filling out forms, coupons and similar paper materials at the Data Controller’s premises and subsequent electronic use) and through automated/IT methods, for the following purposes as provided by current regulations on commercial promotion, advertising communication, solicitation of purchasing behavior, market research, surveys (including by telephone, online or by forms), statistical processing (in identifying form), and marketing in the broad sense, of products and/or services attributable to the Data Controller (hereinafter, collectively, “Marketing Processing“).

By providing consent for Marketing Processing — based on procedures available from time to time on the Data Controller’s website or directly at the premises of its business where specific informed marketing consent may be collected — the User specifically acknowledges such promotional, commercial and marketing purposes in the broad sense and expressly authorises the Data Controller.

Pursuant to current regulations on “Consent to the processing of personal data for ‘direct marketing’ purposes through traditional and automated contact tools”, we specifically draw Users’ attention to the fact that:

• a) any consent given for sending commercial and promotional communications, through the use of email, SMS, automatic systems without operator intervention and similar, including electronic platforms and other telematic means, will imply receipt of such communications not only through such automated contact methods, but also through traditional methods, such as paper mail communications or operator phone calls;
• b) the User’s right to object to the processing of their personal data for “direct marketing” purposes through the aforementioned automated contact methods will in any case extend to traditional methods, and in such case, the possibility of exercising this right partially remains, as provided by current regulations, both with respect to specific means and with respect to specific processing;
• c) the User who does not intend to give consent under the terms indicated above retains the right to express the eventual willingness to receive communications for the aforementioned marketing purposes exclusively through traditional contact methods, where provided: this willingness may be exercised free of charge by sending a simple email to the Data Controller’s address;
• d) for the purpose of fulfilling privacy obligations by the Data Controller, in accordance with the principles of simplification of the same obligations, we inform that the specific consent formula available based on the consent collection procedure provided from time to time will be unified and comprehensive, and will refer to all possible means of marketing processing — without prejudice to the User’s ability to notify the Data Controller of a different willingness regarding the use of certain means and not others for receiving, subject to consent, marketing communications. Furthermore, in accordance with the principles of simplification of the same obligations, the Data Controller also informs that the specific consent formula will be unified and comprehensive, and will also refer to all the different and possible marketing purposes explicitly stated here (i.e. without multiplying consent formulas for each distinct marketing purpose pursued by the Data Controller) — without prejudice to the User’s ability to subsequently notify the Data Controller of a different selective willingness regarding consent or refusal of consent for individual marketing purposes.

To proceed with Marketing Processing, specific, separate, express, documented, prior, informed, free and entirely optional consent must be acquired.

Consequently, where the User of the Platform decides to give specific consent, they must be previously informed and aware that the purposes of the processing pursued are of a specifically commercial, advertising, promotional and marketing nature in the broad sense. With a view to absolute transparency, we therefore inform that data will be collected and subsequently processed based on specific consent:

• 1) to send advertising and informational material of a promotional nature or commercial solicitation to those who have given informed consent;
• 2) to carry out direct sales activities or placement of the Data Controller’s products or services;
• 3) to send commercial information; carry out interactive commercial communications through the use of email;
• 4) to develop studies, research, market statistics and conduct surveys, including by telephone or through electronic communication means.

With reference to the sending of newsletters by email to which the User may consent, we also inform that the electronic content of such promotional communications may be assisted by software (such as cookies or web beacons) capable of revealing to the Data Controller a series of parameters such as, by way of example: time of newsletter opening, pages of the newsletter viewed, links clicked within the newsletter, connections to the Data Controller’s sites directly from the newsletter. Such parameters, which will not constitute profiling of the recipient, are intended to provide the Data Controller with statistical data regarding booking generation from different sources.

By providing optional consent, the data subject specifically acknowledges and authorises such further possible secondary processing.

In any case, even where the User has given consent to authorise the Data Controller to pursue all the purposes mentioned in points 1 to 4 above, they will in any case remain free at any time to revoke it, by sending without any formality a clear communication in this sense to the Data Controller’s contact details. Upon receipt of such request, the Data Controller will promptly remove and delete the data from the databases used for Marketing Processing and inform any third parties to whom the data have been communicated for the same deletion purposes. Mere receipt of the deletion request will automatically serve as confirmation of deletion having occurred.

6.1 Mandatory or optional nature of consent for marketing purposes

The provision of personal data to the Data Controller and the granting of consent to Marketing Processing for the purposes and in the manner illustrated above are absolutely optional (revocable without any formality even subsequently to the provision by sending a communication to the Data Controller’s contact details). Failure to provide such consent will not affect the pursuit of the primary processing purposes referred to in paragraph 5, but will exclusively determine the impossibility for the Data Controller to proceed with the marketing processing mentioned.

7. Recipients of Data

The personal data collected will be processed within the Data Controller’s business activities by strictly authorised employees, suitably trained within the scope of their related duties.

Outside the company, the data may instead be communicated and processed by all natural persons and/or legal entities engaged in carrying out, on behalf of the Data Controller, activities necessary and/or instrumental to ensure its operation. The updated list of Data Processors appointed and authorised to process personal data is kept at the Data Controller’s premises and can be viewed upon request.

The personal data processed will not be subject to dissemination but may be communicated to inspection bodies responsible for verifying and controlling compliance with legal obligations.

8. Processing of Personal Data for Commercial Profiling Purposes

It is possible that, for marketing purposes and improvement of its services, the Data Controller may carry out so-called “profiling” processing of data. According to current regulations on the protection of personal data, profiling activity may concern “individual” personal data or “aggregated” personal data derived from detailed individual personal data of the User.

To clarify what “profiling” consists of, reference may be made by way of example to the following parameters:

• data are structured and coordinated based on predefined parameters identified from time to time, according to business needs (regardless of marketing, contractual, administrative purposes, etc.);
• the starting data, individually considered, may include personal information of varied types, including contractual data and data relating to consumption, but it is only following profiling (i.e. structuring according to predetermined parameters) that further indications referable to each User can be derived — further indications (i.e. the “profile”, for example consumption range, level of expenditure sustained, active services, commercial attitude, etc.) that would not derive from the mere informative attitude of the data individually or separately considered. In other words, from profiling in the strict sense may follow the availability of an information asset that goes well beyond the information considered individually and relating to each data subject;
• furthermore, profiling in the strict sense provides added value given by the multiple correlations that can be established between the individual data collected, in order to derive additional useful information. The founding elements of a profiling treatment are therefore: 1) the predetermination of parameters for structuring the data individually considered; 2) the comparison, crossing, putting into relation of such data with each other and the comparative analysis carried out based on the predefined parameters (i.e. the cataloguing of individual data into clusters); 3) obtaining a profile through the preceding activities, which allows identification of Users and additional analytical indications with respect to the individual data relating to their personal sphere (tastes, preferences, habits, needs and consumption choices) and allows the generation of mapping/segmentation into homogeneous groups of behaviour (dynamic creation of behavioural profiles).

The processing described above will hereinafter be collectively defined as “Profiling Processing“.

To proceed with Profiling Processing, specific, separate (also from the marketing consent referred to in paragraph 6 above), express, documented, prior and entirely optional consent must be acquired. The Data Controller may carry out the following Profiling Processing, such as in the case of detection of:

• number and type of bookings made within a predetermined time horizon;
• frequency of use of services;
• other indices apt to highlight tastes and purchasing habits.

Consequently, where the User decides to give specific consent, they must be previously informed and aware that the purposes of the processing pursued are of a specifically commercial, advertising, promotional and marketing nature in the broad sense, based on Profiling Processing. With a view to absolute transparency, we therefore inform that the data collected based on specific consent may be subject to Profiling Processing for the same purposes referred to in paragraphs 6 and 8 of this notice, while the scope of communication will eventually be the same as already specified for Marketing Processing in paragraph 6.1.

8.1 Mandatory or optional nature of consent for profiling purposes

The provision of the User’s personal data to the Data Controller and the granting of consent to Profiling Processing are absolutely optional (and in any case revocable without any formality even subsequently to the provision by sending a communication to the Data Controller) and failure to provide consent will not affect the pursuit of the primary processing purposes referred to in paragraph 5, but will exclusively determine the impossibility for the Data Controller to proceed with the profiling processing mentioned.

9. Possible Indication by the User of Personal Data of Third Parties (Other Interested Users)

The User acknowledges that any indication (for example when filling out the booking form using the Platform from the website or from the Data Controller’s devices — tablets) of personal data and contact details of any third party other than the User represents a processing of personal data with respect to which they act as an autonomous Data Controller, assuming all obligations and responsibilities provided by current regulations on the matter. In this sense, the User guarantees to the Data Controller that any data of third parties indicated by the User (and which will consequently be processed as if the third party had themselves provided informed consent to processing) has been acquired by the User in full compliance with current regulations on the matter. The User confers the broadest indemnity in this regard with respect to any dispute, claim, request for compensation for processing damage, etc. that may reach the Data Controller from any third party concerned due to the provision of data indicated by the User in violation of applicable personal data protection regulations.

10. Transfer of Data to a Third Country

The User’s data will be transferred outside the European Union in compliance with applicable legal provisions. Specifically: data will be transferred to the Republic of San Marino (RSM) and processed by the supplier of the platform used for managing bookings and customer contacts, in the capacity of Data Processor. The aforementioned role has been formalised using Standard Contractual Clauses (SCC) pursuant to law and to guarantee the security and integrity of customers’ personal data.

11. Data Retention and Security Measures

Data will be retained for the periods defined by the relevant legislation, on servers located in EU countries or in any case in countries outside the European Union that guarantee adequate security measures. In any case, the retention period of the User’s data will exclusively be the time necessary to pursue the primary purposes indicated above in paragraph 5, except in the case of express and specific consent also in relation to the operations referred to in paragraphs 6 and 8 (marketing, profiling), in which case the data will be processed until subsequent revocation of consent and in any case in compliance with legal terms. Once these obligations have been fulfilled, the User’s data will in any case be deleted, except for retention based on different legal terms of the act and/or document containing the data.

12. Exercise of Rights by the User/Data Subject

At any time, the User may — without any formality — exercise their rights as set out by current regulations on the matter, as reported below. The exercise of rights is not subject to any formal constraint. It will be sufficient to make a request to the Data Controller’s contact details reported in paragraph 1.

Rights of the Data Subject

The User/Data Subject may exercise the right to:

• a) request confirmation of the existence or otherwise of their personal data and, in such case, obtain access to the same data and to all information relating to the processing itself;
• b) obtain rectification of the data and deletion of the data;
• c) obtain the limitation of processing;
• d) obtain the portability of data, i.e. receive them from a data controller, in a structured, commonly used and machine-readable format, and transmit them to another data controller without hindrance;
• e) object to processing at any time, including in the case of processing for direct marketing purposes;
• f) revoke consent at any time without affecting the lawfulness of processing based on consent given before revocation;
• g) lodge a complaint with a supervisory authority.

13. Modifications

In compliance with current regulations on the protection of personal data, the Data Controller reserves the right to make changes to this notice at any time, providing suitable notification to Users and in any case guaranteeing adequate and similar protection of personal data. In order to view any modifications, the User is invited to consult this notice regularly, which in any case indicates the date of last modification.

Last modified: 22 March 2024