Privacy policy

1. Privacy and Data Protection Policy

Respecting the provisions of current legislation, Celler Dasca Vives (hereinafter, also the Website) undertakes to adopt the necessary technical and organizational 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 regarding the protection of personal data on the internet. Specifically, it respects the following rules:  

  • 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 December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).  
  • Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the protection of personal data (RDLOPD).  
  • Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).  

Identity of the data controller  

The controller of the personal data collected at www.dascavives.com is: Josep Dasca Batalla, with NIF 39701873D (hereinafter, the Data Controller). Their contact details are as follows:

Contact email: celler@dascavives.com

Registry of Personal Data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data requested by Celler Dasca Vives, through the forms available on its pages, will be incorporated and processed in our file in order to facilitate, expedite, and fulfill the commitments established between Celler Dasca Vives and the User or the maintenance of the relationship established in the forms that the User fills out, or to attend to a request or query. 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 is applicable, a record of processing activities is maintained that specifies, according to its 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 will be subject to the following principles set out in Article 5 of the GDPR and in Articles 4 et seq. of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:  

  • Principle of lawfulness, fairness and transparency: the User’s consent will be required at all times prior to fully transparent information on the purposes for which personal data are collected.  
  • Principle of purpose limitation: personal data will be collected for specified, explicit, and legitimate purposes.  
  • Principle of data minimization: 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 kept up to date.
  • Principle of storage limitation: personal data will only be kept in a form which permits identification of the User for no longer than is necessary for the purposes of the processing.  
  • Principle of integrity and confidentiality: personal data will be processed in such a way as to ensure appropriate 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 at Celler Dasca Vives are solely identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.  

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Celler Dasca Vives undertakes to request 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, the withdrawal of consent will not condition the use of the Website.  

On occasions when the User has or may provide their data through forms to make inquiries, request information, or for reasons related to the content of the Website, they will be informed if the completion of any of these is mandatory because they are essential for the proper development of the operation carried out.  

Purposes of the processing to which personal data are intended  

Personal data are collected and managed by Celler Dasca Vives for the purpose of facilitating, expediting, and fulfilling the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills out, or to attend to a request or query.  

Likewise, the data may be used for a commercial purpose of personalization, operation, and statistics, and activities inherent to the corporate purpose of Celler Dasca Vives, 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, operation, and navigation of the Website.  

At the time the personal data are obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be used; that is, the use or uses that will be given to the information collected.  

Periods of retention of 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: 50 years, or until the User requests its deletion.  

At the time the personal data are obtained, the User will be informed about the period for which the personal data will be kept or, when this is not possible, the criteria used to determine this period.

Recipients of personal data

The User’s personal data will be shared with the following recipients or categories of recipients:  

Email provider: Gmail, owned by Google LLC. The contact forms we receive are not stored on our servers, we only receive them by email.

In the event that the Data Controller intends to transfer personal data to a third country or international organization, at the time the personal data are obtained, the User will be informed about the third country or international organization 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

Respecting the provisions of Articles 8 of the GDPR and 7 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, only those over 14 years of age may grant their consent for the processing of their personal data lawfully by Celler Dasca Vives. In the case of a minor under 14 years of age, the consent of the parents or guardians will be necessary for the processing, and this will only be considered lawful to the extent that they have authorized it.  

Secrecy and security of personal data  

Celler Dasca Vives undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, in such a way as to guarantee the security of personal data and prevent the accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or otherwise processed, or the unauthorized communication or access to said data.  

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

However, given that Celler Dasca Vives cannot guarantee the absolute invulnerability 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 personal data security breach is likely to result in a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a personal data security breach is understood to be any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized 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 about and guarantee through a legal or contractual obligation that said confidentiality is respected by its employees, associates, and any person to whom the information is made accessible.  

Rights derived from the processing of personal data

The User has rights over Celler Dasca Vives and may, therefore, exercise the following rights before the Data Controller, recognized in the GDPR and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:  

  • Right of access: It is the User’s right to obtain confirmation of whether or not Celler Dasca Vives is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Celler Dasca Vives has carried out or will carry out, as well as, among other things, the available information on the origin of said data and the recipients of the communications made or planned.  
  • Right to rectification: It is the User’s right to have their personal data that is inaccurate or, taking into account the purposes of the processing, incomplete, modified.
  • Right to erasure (“the right to be forgotten”): It is the User’s right, provided that current legislation does not establish otherwise, to obtain the erasure of their personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis; the User objects to the processing and there is no other legitimate ground to continue with it; the personal data have been unlawfully processed; the personal data must be erased in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to erasing the data, the Data Controller, taking into account the available technology and the cost of its implementation, must take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for the erasure of any links to those personal data.  
  • Right to restriction of processing: It is the User’s right to limit the processing of their personal data. The User has the right to obtain the restriction of processing when they contest the accuracy of the personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs them to make claims; and when the User has objected to the processing.  
  • Right to data portability: In the event that the processing is carried out by automated means, the User will have the right to receive their personal data from the Data Controller in a structured, commonly used, and machine-readable format, and to transmit them to another data controller. Whenever technically possible, the Data Controller will directly transmit the data to this other controller.  
  • Right to object: It is the User’s right not to have their personal data processed or to cease its processing by Celler Dasca Vives.
  • Right not to be subject to a decision based solely on automated processing, including profiling: It is the User’s right not to be subject to a decision based solely on automated processing of their personal data, including profiling, existing unless current legislation provides otherwise.  

Thus, the User may exercise their rights by means of a written communication addressed to the Data Controller with the reference “RGPD-[URL]”, specifying:  

  • Name, surname of the User, and a copy of their ID document (DNI). In cases where representation is permitted, it will also be necessary to identify by the same means the person representing the User, as well as the document proving the representation. The photocopy of the DNI may be replaced by any other valid legal means that proves identity.  
  • Petition with the specific reasons for the request or the information to which access is desired.
  • Address for notification purposes.
  • Date and signature of the applicant.
  • Any document that accredits the request made.  

This request and any other attached document may be sent to the following address and/or email:  

Email: celler@dascavives.com

Links to third-party websites

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

Claims before the supervisory authority

In the event that the User considers that there is a problem or infringement of current regulations in the way their personal data are being processed, they will have the right to effective judicial protection and to file a claim 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/).  

2. Acceptance and changes to this privacy policy

It is necessary for the User to have read and agreed to the conditions on the protection of personal data contained in this Privacy Policy, as well as to 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. The use of the Website will imply the acceptance of its Privacy Policy.  

Celler Dasca Vives reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential, or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is recommended to consult this page periodically to be aware of the latest changes or updates.  

This Privacy Policy was updated to adapt to 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 to Organic Law 3/2018, of December 5, on the protection of personal data and guarantee of digital rights.