Privacy Policy

 

 Information provided pursuant to articles 13-14 of EU Regulation 2016/679 on the protection of personal data (General Data Protection Regulation - GDPR)

Welcome to our website "www.luxechocolat.com". For Luxe Chocolat S.r.l. your privacy and the security of your personal data are very important, for this reason personal data are collected and processed, mainly with electronic methods and specific measures to keep them safe. Below you will find the methods and information on the processing of data by Luxe Chocolat S.r.l. of your personal data relating to navigation, purchases and services offered on www.luxechocolat.com.

We invite you to read our Privacy Policy below and for further information also our Cookie Policy and the General Conditions of Use of the website www.luxechocolat.com which describe the conditions relating to our services and the policies on cookies.

This information is provided pursuant to EU Regulation 2016/679 on the protection of personal data and subsequent national legislation of adaptation (hereinafter "GDPR").

If the user is under sixteen years of age, pursuant to art. 8, paragraph 1, of European Union Regulation 2679/2016, he or she is obliged to legitimise his or her consent through the authorisation of his or her parents or legal guardians.

WHO IS THE DATA CONTROLLER?

The data controller is Luxe Chocolat S.r.l. with registered office in Italy - Via Libero grassi 4, Bagnolo Cremasco (CR) which manages the website www.luxechocolat.com and acts as an independent data controller for all activities relating to sales, orders and their processing, management of payments and collections, management of any returns and customer care and post-sales services. Below is the information on how your personal data is processed by Luxe Chocolat S.r.l. For any clarification, question or need regarding your privacy and the processing of your personal data, you can contact us at any time by sending an email to our Customer Service.

For any further request, you can contact the Data Protection Officer (DPO) of Luxe Chocolat S.r.l. by writing to info@luxechocolat.com

The data controller also manages the profiles relating to the security of personal data.

WHAT PERSONAL DATA DO WE COLLECT AND WHY?

The personal data that Luxe Chocolat S.r.l. processes are those provided with the activity on this site and/or during the purchase and conclusion of a registration order and those that we collect when you browse and use the services of www.luxechocolat.com. We collect personal data such as name and surname, shipping and billing addresses, payment data and navigation data. Luxe Chocolat S.r.l. processes, with your consent, the data that you provide to receive newsletters and promotional information from Luxe Chocolat S.r.l. and data relating to your purchases such as name, surname and e-mail address.

Your personal data are collected and will be processed exclusively for purposes strictly connected to the use of the website, its services and the online purchase of products. In particular, your personal data may be processed for the following purposes:

  • conclude the purchase contract for goods offered on www.luxechocolat.com;
  • as part of the processes through the relevant registration form to provide you with access services to the reserved areas of www.luxechocolat.com;
  • subscription to newsletter services;
  • manage requests sent to our Customer Service and provide assistance and customer care services.

When placing an order for products, the following additional information will also be requested, the entry of which is mandatory in order to complete the purchase order:

  • Shipping address;
  • Payment data, credit/debit card number and associated personal details, credit/debit card expiry data, billing address.

When the user, following a purchase, intends to receive the relevant electronic invoice, the personal data provided for this purpose (to be considered including the user's tax code), will be processed by Luxe Chocolate S.r.l. exclusively so that it is possible to proceed with the invoicing itself. In this regard, it is highlighted that the provision of billing data is optional; however, failure to enter them prevents the issuing of the electronic invoice.

The processing of data for the purposes mentioned above is legitimate, as it is necessary to execute the contract concluded with you relating to the sale of the products and services purchased or requested and the refusal to provide the personal data subject to processing makes it impossible to perform the services requested relating to the purchase of goods or services.

WHO WILL PROCESS YOUR PERSONAL DATA?

Pursuant to art. 28 of the European Union Regulation 2679/2016, upon appointment by Luxe Chocolat S.r.l., the data controller for this website is: enter the name of the controller and the full address of the registered office and administrative office.

The stored personal data may be processed by employees of Luxe Chocolat S.r.l., only and exclusively if they have been formally appointed as persons authorised to process the data and will be required to process the data in accordance with the purpose for which the data was acquired.

HOW LONG ARE THE DATA STORED?

Your personal data is stored for a limited period of time, based on the purposes for which it was collected, at the end of which it will be deleted or otherwise rendered anonymous in an irreversible form. The data collected during the purchase of goods on www.luxechocolat.com are retained until the conclusion of all activities to fulfill the administrative and accounting formalities, therefore they are archived in accordance with

local tax legislation which is equal to 10 years, while the data used to send you the newsletters will be retained until you request to stop sending them, except for any longer period necessary for the fulfillment of the legal obligations imposed on Luxe Chocolate S.r.l., or for the management of its own accounting, or to ensure the useful exercise of its right of defense.

PURCHASES WITHOUT REGISTRATION - GUEST PROFILE

You can make the purchase of products, even without creating any profile on this site.

To this end, it will still be necessary to proceed to enter your personal data (name and surname), contact details (email address), telephone number, as well as the data necessary for shipping and payment methods.

The above information will be processed exclusively for the purposes set out in the following paragraph, limited to completing and processing the purchase order you have placed and fulfilling the related legal obligations.

Please note that, for the purposes of this paragraph, only the email address you provided will be used to purchase products.

Personal data will be stored and shared as provided in the following paragraphs.

PURPOSE OF THE PROCESSING AND LEGAL BASIS

Pursuant to art. 6.1, letters a) – b) – c) – d) – e) – f), of European Union Regulation 2679/2016, the data is processed for the following purposes:

  1. a) for contractual needs. When we process your data for the conclusion of the purchase contract, we take care to use only the minimum information necessary for its execution. This basis legitimises the processing of personal data that occurs in the following activities:

- conclusion and execution of a purchase contract for the products offered on www.luxechocolat.com;

- management of orders and related activities (customer support, communications on the status of the order, responses to requests for information, payment management, etc.);

- registration on the Site and use of services reserved for registered users;

- provision of the services offered on www.luxechocolat.com,

- management of your requests by our Customer Service.

The provision of your personal data for these activities is a contractual obligation. You are free to communicate your data to us or not, but in the absence of the requested data it will not be possible for us to conclude or execute the contract and your requests. This means that you will not be able to purchase the products and you will not be able to use the services of Luxe Chocolat S.r.l. and we will not be able to manage your requests.

  1. b) on the basis of your express consent. We will carry out the following processing exclusively if you have given us your express consent:

- carrying out marketing activities and opinion polls and market research;

- sending newsletters relating to Luxe Chocolat S.r.l. products or services, sending commercial or advertising communications on events, promotional and commercial initiatives of Luxe Chocolat S.r.l., market research and surveys for the detection of satisfaction, as well as to carry out statistical analyses with anonymous data, organised in aggregate form.

You may object to such processing at any time via the appropriate link in each email or by changing your preferences in the “Account” section of the site. Providing your consent for such activities is optional. You are free to provide your consent or not, but in the absence of the same it will not be possible for Luxe Chocolat S.r.l. to carry out marketing activities, opinion polls and market research, and to analyse your habits.

  1. c) for our legitimate interest

- for the analysis and improvement of our services;

- for the performance of statistical and/or research and development activities, including through the analysis of data from the use of services and products or consumer behavior;

- in order to defend our rights during the course of judicial, administrative or extrajudicial proceedings, and in disputes arising in relation to the services offered;

  1. d) to comply with a legal obligation

In the event of the conclusion of a contract for the purchase of goods on www.luxechocolat.com, the processing of the user's data will take place in order to comply with the legal obligations to which Luxe Chocolat S.r.l. is subject. You are free to decide whether to conclude a contract and whether or not to communicate your data to us, but if you conclude it, your data will be necessary and will be processed in order to comply with the aforementioned legal obligations to which Luxe Chocolat S.r.l. is subject.

METHODS OF PROCESSING

The processing of personal data consists of the operations provided for by art. 4, n. 2 of the European Union Regulation 2679/2016, namely: collection, registration, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, cancellation and destruction of data. In fact, this website, like any other website, uses log files in which the information collected in an automated manner during user visits is stored.

The information collected could be the following: internet protocol (IP) address, type of browser and parameters of the device used to connect to the site, name of the internet service provider (ISP), date and time of visit, web page of origin of the visitor (referral) and exit and possibly, the number of clicks.

The information referred to in the previous point consists of test rates in an automated form and is collected in an exclusively aggregated form in order to verify the correct functioning of the site and for security reasons.

For security purposes (anti-spam filters, firewalls, virus detection), the automatically recorded data may also include personal data, such as, for example, the IP address, which

could be used, in accordance with the laws in force on the matter, in order to block attempts to damage the site itself or to cause damage to other users or harmful or criminal activities. Such data is never used for the identification or profiling of the user, but is acquired for the sole purpose of protecting the site and its users. Such information will be used based on the legitimate interests of the owner.

The information that you decide to make public through the services and tools made available to you by the site, is understood to be provided by you knowingly and voluntarily, exempting Luxe Chocolat S.r.l. from any liability regarding any violations of the law: it is up to the user to ensure that they have permission to enter personal data of third parties or content protected by national and international laws.

The data processing may be carried out using paper and/or digital methods, with organizational and logical methods strictly related to the purposes indicated.

COMMUNICATION AND DISSEMINATION OF DATA TO THIRD PARTIES

Your personal data will be processed by our internal staff duly trained and authorized to process it.

Your personal data may also be transmitted to third parties that we use to provide our services on www.luxechocolat.com; these parties have been adequately selected and offer a suitable guarantee of compliance with the rules on the processing of personal data.

These parties have been designated as data controllers and carry out their activities according to the instructions given.

The third parties in question belong to the following categories: site manager, banking operators, internet providers, companies specialized in IT and telematic services, couriers, agencies that carry out marketing activities, companies specialized in market research and data processing.

Your data may be transmitted to the police and to the judicial and administrative authorities, in accordance with the law, for the detection and prosecution of crimes, the prevention and protection from threats to public safety, to enable us to exercise or defend a right in court, as well as for other reasons related to the protection of the rights and freedoms of others.

GENERAL, PROFILED AND THIRD-PARTY COMMERCIAL COMMUNICATIONS

By registering on this site, you can take advantage of the service of receiving generic, profiled and third-party commercial communications.

In particular, you can give your consent to receive generic commercial communications, including the receipt of newsletters.

The processing of your personal data for the purpose of sending generic commercial communications is strictly subject to your consent, given by you by ticking the relevant box, pursuant to art. 6.1, letter a) of European Union Regulation 2679/2016.

You may also give your consent to profiling (i.e. to the analysis of your consumption habits and related purchasing choices and to your inclusion among subjects with homogeneous characteristics) and to the receipt of profiled commercial communications, including the receipt of personalized newsletters in line with the preferences, characteristics and consumption and purchasing habits expressed by you and aligned with your behavioral data (for example, the interest you have shown in a certain product may be followed by notifications of commercial offers concerning the same product or similar types of products, assuming your liking in this regard) and navigation on this site (for example, the choice of products placed in the cart), in order to guarantee you an increasingly targeted and personalized service, in accordance with your individual preferences.

In this case, the processing of your personal data will be possible exclusively with your explicit consent, given by ticking the relevant box, pursuant to art. 6.1, letter a) of European Union Regulation 2679/2016.

Furthermore, you may give your consent to receive commercial communications that promote or advertise products/services of third parties, our partners (third parties).

Also in this case, the processing of your personal data will be possible only with your explicit consent, given by ticking the relevant box, pursuant to art. 6.1, letter a) of the European Union Regulation 2679/2016.

We inform you that, for the purposes of receiving generic, profiled and third-party commercial communications, providing your e-mail address is optional; however, failure to provide such information prevents Luxe Chocolat S.r.l. from fulfilling your request to register for the service of receiving generic commercial communications.

TRANSFER OF DATA TO NON-EU COUNTRIES

If personal data is transferred to countries outside the European Union, the transfers will take place in compliance with the provisions established by the GDPR in order to ensure an adequate level of protection. In particular, the transfers will take place through the conclusion of Standard Contractual Clauses approved by the European Commission, a copy of which may be obtained by sending a specific request to the contact details contained in this information notice.

WORK WITH US SECTION

Anyone can contact us by forwarding their application and curriculum vitae to the email address indicated in the “work with us” section of this site.

The personal data transmitted in this way (contact details, data relating to professional qualifications and other data contained in the curriculum vitae) will be processed for the sole purpose of personnel selection, so that Luxe Chocolat S.r.l. is able to examine the applications forwarded by users for job positions and to contact them if necessary.

The provision of data, in this case, is optional: however, failure to provide the data prevents Luxe Chocolat S.r.l. from evaluating the user’s application.

The legal basis for the processing of the aforementioned personal data is the obligation to execute pre-contractual measures and prepared at the user’s request pursuant to art. 6, paragraph 1, letter b) of European Union Regulation 2679/2016.

If the user provides the data listed in art. 9 of the European Union Regulation 679/2016 (for example: data relating to health status; racial or ethnic origin), for the purposes of managing the request, such data will be processed pursuant to art. 9, par. 2, letter b) of the European Union Regulation 2679/2016.

The legal basis for the processing of these special categories of personal data is the need to fulfill the obligations and exercise the specific rights of the data controller or the data subject in the field of labor law and social security and social protection, in compliance with art. 9, paragraph 2, letter b) of the European Union Regulation 2679/2016.

DATA RETENTION PERIOD

We retain your personal data for a limited and strictly necessary period of time, which varies depending on the type of activity that involves the processing of your personal data. After this period, your data will be permanently deleted or otherwise rendered anonymous in an irreversible way.

Your personal data is stored in compliance with the terms and criteria specified below:

data collected to conclude and execute purchase contracts for goods on www.luxechocolat.com: until the conclusion of the administrative and accounting formalities. The data relating to invoicing will be stored for ten years from the date of invoicing;

registered user data: the data will be stored until you request the cancellation of your account in the "Account" section;

data relating to payment: until the certification of payment and the conclusion of the related administrative and accounting formalities following the expiry of the right of withdrawal and the terms applied for contesting the payment;

data collected for the use of services offered on www.luxechocolat.com: this data is stored until the termination of the service or the request to cancel the subscription to the service by the user;

data related to user requests to our Customer Service: the data useful to assist you will be retained until your request is resolved;

spontaneous application: for a maximum of 24 months;

You can at any time request the deletion of data for marketing purposes and oppose their processing.

REVOCATION OF CONSENT PROVIDED FOR GENERIC, PROFILED AND THIRD-PARTY COMMERCIAL COMMUNICATIONS

You may revoke your previously expressed consent to receive generic, profiled and third-party commercial communications at any time in one of the following alternative ways:

  • access your personal area on this site and revoke one at a time the consents previously given to generic, profiled and third-party commercial communications;
  • Unsubscribe via the cancellation link at the bottom of the commercial communications received: any further instructions are provided by Luxe Chocolat S.r.l. within the individual

communications you will receive. With this unsubscription method, you will simultaneously revoke all consents previously given for commercial communications, unless otherwise and expressly specified;

  • Send a revocation request to the address enter email address, by which you can indicate which specific consent previously given you wish to revoke.

Without prejudice to the lawfulness of the data processing activities carried out by Luxe Chocolat S.r.l. until the consent is revoked, as well as the lawfulness of the processing activities carried out by the same on the basis of consents not expressly revoked in accordance with the methods set out in this paragraph.

Furthermore, the revocation of consent to receive commercial communications does not in itself determine the cancellation of your personal profile on this site, which must therefore take place in accordance with the methods set out below.

COMMERCIAL COMMUNICATIONS IN LINE WITH PURCHASES ALREADY MADE

Luxe Chocolat S.r.l. may send you e-mail messages relating to the products we process, of a similar type to those you have previously purchased through the site, on the basis of our legitimate interest, as established by art. 130, paragraph 4, of Legislative Decree no. 196/2003 (so-called Personal Data Protection Code).

For these purposes, the processing of your data is based on a legitimate interest of Luxe Chocolat S.r.l. pursuant to art. 6.1, letter f) of the European Union Regulation 2679/2016 and, therefore, is not subject to your consent.

However, you can express your wish at any time to no longer receive the aforementioned communications, thus exercising the right to object in accordance with the law, by sending a specific request to this effect to the following address: enter email address.

We would like to point out that the lawfulness of the data processing activities carried out by Luxe Chocolat S.r.l. remains intact until the moment of your objection, which will not have any effect on the future purchase of our products.

YOUR RIGHTS

Pursuant to the GDPR, at any time you can obtain confirmation of the existence or otherwise of your personal data in our possession, even if not yet registered, and their communication in an intelligible form.

Furthermore, you may: revoke your consent to the processing, know the origin of your personal data in our possession and how it is used, request its updating, rectification or integration as well as, in the cases provided for by the provisions in force, the cancellation, the limitation of the processing or oppose their processing. If you wish, you can request to receive the personal data in our possession in a structured, commonly used and readable format and, where technically possible, we can transfer your data directly to a third party indicated by you.

If you believe that the processing of your personal data has been carried out unlawfully, you can file a complaint with one of the supervisory authorities responsible for compliance

with the rules on personal data protection. In Italy, the complaint can be filed with the Guarantor for the Protection of Personal Data (http://www.garanteprivacy.it/). This information may undergo changes and additions over time, therefore we invite you to periodically check its contents.

Where possible, we will try to inform you promptly of the changes made. To exercise your rights, you can send a communication to the address of the Data Controller or contact the Data Protection Officer (DPO) of Luxe Chocolat S.r.l. by writing to info@luxechocolat.com.

COMPLAINTS

You can send a complaint if you believe that your personal data has been processed unlawfully, to one of the supervisory authorities responsible for compliance with the rules on personal data protection. In Italy, the complaint can be submitted to the Guarantor for the Protection of Personal Data. More information on how to submit a complaint is available on the Guarantor's website, at http://www.garanteprivacy.it/.

CHANGES TO THIS INFORMATION

We may periodically modify, integrate or update this Information, also in consideration of any changes and developments to our services and to the applicable legislation or provisions of the Guarantor for the Protection of Personal Data.

We therefore invite you to periodically check its contents: where possible, we will try to inform you promptly of the changes made and their consequences.

The updated version of the privacy information will in any case be published on this page and you will find the indication of the update date at the bottom of this Information.

LEGISLATIVE REFERENCES AND USEFUL LINKS

The processing of your personal data is carried out by the Data Controllers in full compliance with the relevant provisions of Regulation (EU) 2016/679 General Data Protection Regulation, the Italian rules on the processing of personal data and the provisions of the Italian Supervisory Authority (http://www.garanteprivacy.it/) and, where applicable, of the competent foreign supervisory authorities.