PRIVACY POLICY

I. Privacy and data protection policy

In compliance with current legislation, Vinos Atlante (hereinafter also referred to as the Website) undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated into this privacy policy
This privacy policy is adapted to current Spanish and European regulations on the protection of personal data on the internet. Specifically, it complies with the following regulations:

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
Royal Decree 1720/2007 of 21 December, approving the Regulations implementing Organic Law 15/1999 of 13 December on the Protection of Personal Data (RDLOPD).
Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the person responsible for processing personal data
The data controller for the personal data collected by Vinos Atlante is: Jesús González de Chávez, with Tax Identification Number (NIF): 78606712A. His contact details are as follows:

Address: C/ Quinta 1, Barranco de San Antonio, La Orotava 38313, Santa Cruz de Tenerife – Spain
Contact email: atlante@vinosatlante.com

Registration of Personal Data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Vinos Atlante, through the forms on its pages will be incorporated and processed in our file in order to facilitate, expedite and fulfil the commitments established between Vinos Atlante and the User or to maintain the relationship established in the forms that the User fills in, or to respond to a request or query from the User. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is kept which specifies, according to their purposes, the processing activities carried out and the other circumstances established in the GDPR.

Principles applicable to the processing of personal data
The processing of the User’s personal data shall be subject to the following principles set out in Article 5 of the GDPR and in Article 4 et seq. of Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights:

Principle of lawfulness, fairness and transparency: the User’s consent shall be required at all times, following fully transparent information on the purposes for which the personal data are collected.
Principle of purpose limitation: personal data will be collected for specific, explicit and legitimate purposes
Principle of data minimisation: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
Principle of accuracy: personal data must be accurate and always up to date.
Principle of storage limitation: personal data shall only be kept in a form that allows the identification of the User for as long as is necessary for the purposes of its processing.
Principle of integrity and confidentiality: personal data shall be processed in a manner that ensures its security and confidentiality.
Principle of proactive responsibility: the Data Controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed by Vinos Atlante are solely identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

The categories of data processed by Vinos Atlante are both identifying data and special categories of personal data within the meaning of Article 9 of the GDPR.

Special categories of personal data are understood to be those that reveal ethnic or racial origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data aimed at uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

For the processing of special categories of personal data, the explicit consent of the User for one or more specific purposes will be required in all cases.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Vinos Atlante undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes. The User shall have the right to withdraw their consent at any time. Withdrawing consent shall be as easy as giving it. As a general rule, withdrawal of consent will not condition the use of the Website. On occasions when the User must or may provide their data through forms to make enquiries, request information or for reasons related to the content of the Website, they will be informed if the completion of any of these forms is mandatory because they are essential for the proper performance of the operation carried out.

Purposes of the processing of personal data

Personal data is collected and managed by Vinos Atlante for the purpose of facilitating, expediting and fulfilling the commitments established between the Website and the User or maintaining the relationship established in the forms filled in by the latter or to respond to a request or query. Likewise, the data may be used for commercial purposes of personalisation, operation and statistics, and activities related to the corporate purpose of Vinos Atlante, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, functioning and navigation of the Website. At the time the personal data is obtained, the User will be informed of the specific purpose or purposes for which the personal data will be processed; that is, the use or uses that will be made of the information collected.

Retention periods for personal data

Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: , or until the User requests its deletion. At the time the personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine this period.

Recipients of personal data

The User’s personal data will not be shared with third parties.

In any case, when the personal data is obtained, the User will be informed about the recipients or categories of recipients of the personal data.

If the Data Controller intends to transfer personal data to a third country or international organisation, at the time the personal data is obtained, the User will be informed of the third country or international organisation to which the data is intended to be transferred, as well as the existence or absence of an adequacy decision by the Commission.

Personal data of minors

In accordance with Article 8 of the GDPR and Article 7 of Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, only persons over the age of 14 may give their consent for the lawful processing of their personal data by Vinos Atlante. In the case of minors under the age of 14, the consent of their parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorised it.

Confidentiality and security of personal data

Vinos Atlante undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee the security of personal data and to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorised communication or access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in feedback, is fully encrypted.

However, as Vinos Atlante cannot guarantee the impregnability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a breach of personal data security occurs that is likely to entail a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a personal data breach is any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. Personal data will be treated as confidential by the Data Controller, who undertakes to inform and ensure, by means of a legal or contractual obligation, that such confidentiality is respected by its employees, associates and any person to whom it makes the information accessible.

Rights arising from the processing of personal data

The User has the following rights over Vinos Atlante and may therefore exercise the following rights recognised in the GDPR and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights vis-à-vis the Data Controller:

Right of access: This is the User’s right to obtain confirmation as to whether or not Vinos Atlante is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Vinos Atlante has carried out or is carrying out, as well as, among other things, the information available on the origin of such data and the recipients of the communications made or planned.
Right of rectification: This is the User’s right to have their personal data modified if it is inaccurate or, taking into account the purposes of the processing, incomplete.
Right of erasure (‘the right to be forgotten’): This is the User’s right, unless otherwise provided by current legislation, to obtain the erasure of their personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis for it; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data has been processed unlawfully; the personal data must be deleted in compliance with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its application, shall take reasonable steps to inform those responsible for processing the personal data of the data subject’s request to delete any links to that personal data.
Right to restriction of processing: This is the User’s right to restrict the processing of their personal data. The User has the right to obtain restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
Right to data portability: Where processing is carried out by automated means, the User shall have the right to receive their personal data from the Data Controller in a structured, commonly used and machine-readable format, and to transmit those data to another data controller. Where technically feasible, the Data Controller shall transmit the data directly to that other controller.
Right to object: This is the User’s right to have their personal data not processed or to have Vinos Atlante cease processing it.
Right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individualised decision based solely on the automated processing of their personal data, including profiling, unless otherwise provided for by current legislation.

Therefore, the User may exercise their rights by sending a written communication to the Data Controller with the reference ‘GDPR – Vinos Atlante Website’, specifying:

The User’s first name, surname(s) and a copy of their ID card. In cases where representation is permitted, it will also be necessary to identify the person representing the User by the same means, as well as the document proving representation. The photocopy of the ID card may be replaced by any other legally valid means of proving identity.
Request with the specific reasons for the request or information to be accessed.
Address for notification purposes.
Date and signature of the applicant.
Any document proving the request made.

This request and any other attached documents may be sent to the following address and/or email: atlante@vinosatlante.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites other than Vinos Atlante, and which are therefore not operated by Vinos Atlante. The owners of these websites will have their own data protection policies, and they themselves will be responsible, in each case, for their own files and their own privacy practices.

Complaints to the supervisory authority

If the User considers that there is a problem or infringement of current regulations in the way their personal data is being processed, they shall have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State where they have their habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.aepd.es/).

II. Acceptance and changes to this Privacy Policy

Users must have read and agree to the conditions on the protection of personal data contained in this Privacy Policy, as well as accept the processing of their personal data so that the Data Controller can proceed with it in the manner, during the periods and for the purposes indicated. Use of the Website implies acceptance of its Privacy Policy. Vinos Atlante reserves the right to modify its Privacy Policy, at its own discretion, or due to a legislative, jurisprudential or doctrinal change by the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. Users are advised to check this page periodically to keep abreast of the latest changes or updates. This Privacy Policy was updated to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights.