Privacy Policy
INFORMATION ON THE PROCESSING OF PERSONAL DATA
pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR” or “Regulation”)
For Yumibio it is very important to protect your privacy and for this reason our site has adapted to the European legislation provided by the so-called "GDPR". On this page we explain how your data is processed and what your rights are in terms of privacy.
Summary
Art. 1 Identity and contact details of Feronia Italia srls as data controller.
Art. 2 Processing of data for the purpose of purchasing products offered by Feronia Italia srls
Art. 3 Processing of data for general marketing purposes
Art. 4 Processing of data for profiling purposes
Art. 5 Processing of data for assistance and customer care purposes
Art. 6 Processing of data for administrative, accounting and fiscal purposes
Art. 7 Processing of data for the purposes of ascertaining, exercising or defending a right
Art. 8 Categories of subjects to whom Feronia Italia srls communicates the user's personal data (recipients)
Art. 9 Transfer to third countries
Art. 10 Right to object
Art. 11 Right of access
Art. 12 Right of rectification
Art. 13 Right to erasure
Art. 14 Right to restriction of processing
Art. 15 Right to data portability
Art. 16 Gift Card
Art. 17 Response times and methods in case of exercise of the rights of the interested party
Art. 18 Right to lodge a complaint with a supervisory authority
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Art. 1
Identity and contact details of Feronia Italia srls as the data controller of personal data
Feronia Italia srls is the owner of the processing of users' personal data illustrated in this information notice and having as its object the data collected by the site www.yumibio.com (Site) for the purposes indicated therein.
The identification details and contact details of Feronia Italia srls are as follows:
Feronia Italia srls with registered office in Castellammare di Stabia, Traversa Fondo D'orto 11 (80053), share capital 2,900.00 euros fully paid up, registered with the Chamber of Commerce of Naples, VAT number 08605841215 (Yumibio).
You can also contact the data controller by filling out the form on the “Contact Us” page of the Site.
Art. 2
Processing of data for the purposes of access and registration on the Site and conclusion and execution of the purchase contract
Yumibio will process your personal data for:
- allow registration on the Site and the use of services reserved for registered users, including the possibility of purchasing online through the Site;
- allow the conclusion of purchases via the Site;
- enable Yumibio to properly perform the obligations arising from such contracts;
- execute pre-contractual requests sent by the user.
For this purpose, Yumibio will process the user's data for the time strictly necessary to carry out the individual processing activities, without prejudice to the fact that, after this period, Yumibio may retain the data for the purposes and for the maximum retention periods referred to in the other sections of this information notice, if relevant, and/or, in any case, in the cases established by the Regulation and/or by law.
The provision of data for the purpose in question is optional: there is no legal or contractual obligation to communicate the data; however - since their processing is necessary to allow the execution of the purchase contract of the products offered or to respond to pre-contractual requests made by the user - failure to communicate the data will make it impossible for the user to purchase the products or to receive a response to their pre-contractual requests.
Art. 3
Data processing for general marketing purposes
Upon the user's express consent, Yumibio will process the user's personal data to send him/her, via email, informative and promotional communications, including the newsletter, relating to its own and/or third-party products and/or services.
The legal basis for this processing is the express consent of the user (art. 6.1.a) of the Regulation).
The user may revoke the consent given at any time and/or oppose, at any time, the processing of his/her data for marketing purposes by contacting Yumibio at the contact details indicated in art. 1.
Providing data for general marketing purposes is optional: there is no legal or contractual obligation for the user to provide such data for this purpose and/or to give consent to the processing of his/her personal data for this purpose.
Failure to consent to the processing of data for marketing purposes will make it impossible for the user to receive advertising material relating to products and/or services of Yumibio and/or third parties as well as the impossibility for Yumibio to send newsletters to the user.
For general marketing purposes, Yumibio will process the user's data until the revocation of consent and/or the exercise of the right to object and, in any case, no later than 24 months from the collection of the data, reserving the right, before the expiry of this term, to ask the user to renew the consent and/or update the data.
Art. 4
Data processing for profiling purposes
Yumibio will process the user's personal data for profiling purposes, i.e. for the analysis of his/her consumer choices by revealing his/her online behavior (even before a purchase) as well as the type and frequency of purchases made, in order to both send the user advertising material from Yumibio or third parties, and to offer products for sale on the Site, in both cases of specific interest to the user.
The legal basis for this processing is the legitimate interest of the user (art. 6.1.f) of the Regulation).
It is a legitimate interest of Yumibio to offer the user personalized advertising communications and services that are as relevant as possible to the user's interests. In this way, Yumibio achieves its legitimate business interest and, at the same time, allows the user to view and possibly purchase products of specific interest to him, thus optimizing his time and economic assets.
This legitimate interest therefore coincides with the user's interest in receiving advertising communications of specific interest to him and in being able to purchase products related to his interests.
The legitimate interest of Yumibio thus identified can therefore be considered to prevail over the fundamental rights and freedoms of the interested party, also by virtue of such reasonable expectations and the relationship existing between the interested party and Yumibio as well as in consideration of the nature of the data processed and the coinciding interest of the interested parties themselves.
The user has, in any case, the right to oppose, at any time, for reasons connected to his personal situation, the processing of personal data concerning him for the purpose in question.
Art. 5
Data processing for assistance and customer care purposes
Yumibio will process user data for general assistance and customer care activities and therefore to respond to requests for information from users or to respond to complaints, reports, disputes as well as to allow the user, if desired, to leave a review. The processing may also take place on the Site via the chat service offered by Facebook.
The legal basis for this processing is the execution of pre-contractual measures adopted at the request of the interested party (art. 6.1.b, last paragraph, of the Regulation) or, as the case may be, the legitimate interest of Yumibio (art. 6.1.f of the Regulation).
It is a legitimate interest of Yumibio to respond to requests for information and/or reviews and/or reports and/or disputes and/or complaints from users of the Site. This legitimate interest of Yumibio also coincides with the legitimate interest of the same users of the Site who make the requests and/or reports and/or disputes and/or complaints in question and who, therefore, in the context of the relationship with Yumibio, can be considered to reasonably expect their personal data to be used by Yumibio to give them feedback.
The legitimate interest of Yumibio thus identified can therefore be considered to prevail over the fundamental rights and freedoms of the interested party, also by virtue of such reasonable expectations and the relationship existing between the interested party and Yumibio as well as in consideration of the nature of the data processed and the coinciding interest of the interested parties themselves.
The user has, in any case, the right to object, at any time, for reasons connected to his personal situation, to the processing of personal data concerning him for the purpose in question (i.e. assistance and customer care).
Art. 6
Data processing for administrative, accounting and tax purposes
Yumibio will process the user's data for the purposes of fulfilling administrative and/or accounting and/or fiscal obligations, connected to the provision of services and/or the purchase of products offered on the Site.
The legal basis for this processing is the fulfillment of legal obligations to which Yumibio is subject (art. 6.1.c of the Regulation).
The provision of data for the purpose in question is mandatory, because their processing is necessary to allow Yumibio to fulfill legal obligations incumbent on it. Any refusal to provide data for this purpose will make it impossible for the user to use the services of the Site.
For this purpose, Yumibio will process the user's data until the expiry of the legal terms provided for the performance of each administrative-accounting and fiscal obligation and/or for the retention times provided by law for the conservation of the relative documentation.
Art. 7
Processing of data for the purpose of ascertaining, exercising or defending a right
Yumibio will process the user's data for the establishment, exercise or defense of a right in all competent venues.
The legal basis for this processing is the legitimate interest of Yumibio (art. 6.1.f of the Regulation).
In fact, it is a legitimate interest of Yumibio to seek remedies to ensure compliance with its contractual rights or to demonstrate that it has fulfilled the obligations arising from the contract with the interested party or imposed on Yumibio by law. This legitimate interest is, in turn, based on the constitutionally protected right to defense. It can therefore be considered to prevail over the fundamental rights and freedoms of the interested party, also in light of the reasonable expectations of the same.
The user has, in any case, the right to oppose, at any time, for reasons connected to his personal situation, the processing of personal data concerning him for the purpose in question (i.e. defense of a right/justice purposes).
The user can exercise this right by contacting Yumibio at the contact details indicated in art. 1 of this privacy policy.
Art. 8
Categories of subjects to whom Yumibio communicates the user's personal data (recipients)
The personal data provided by the user may be communicated by Yumibio to the categories of recipients indicated below.
The subjects to whom Yumibio communicates the data act as data controllers designated by Yumibio through a specific contract ("Data Processors") or as persons designated to process personal data under the direct authority of Yumibio ("Designees") or, in the case of third parties used by the Data Controller, as "Sub-Processors", pursuant to art. 28.4 of the Regulation.
Users' personal data may be communicated by Yumibio to the following categories of recipients:
- to companies, consultants or professionals who may be responsible for the installation, maintenance, updating and, in general, management of the hardware and software of the Site (including the platform), including cloud computing service providers, and to third parties they use;
- to companies appointed by Yumibio to send commercial communications;
- to all those subjects, including public authorities, who have access to the data by virtue of regulatory or administrative provisions;
- to companies that carry out logistical support and/or shipping and delivery or collection of the Products purchased on the Site and to the third parties they use;
- to the Payment Server Provider in order to allow payment for purchases made on the Site or their reimbursement, if applicable, and to the third parties they use;
- to all those subjects, including public authorities, who have access to the data by virtue of regulatory or administrative provisions;
- to all those public and/or private entities, natural and/or legal persons (legal, administrative and tax consultancy firms), if the communication is necessary or functional to the correct fulfillment of the contractual obligations undertaken in relation to the products and services offered on the Site, as well as the obligations deriving from the law or in the case of ascertaining, exercising or defending a right.
Art. 9
Transfer to third countries
With reference to the transfer to third countries, personal data is transferred to the USA. The transfer occurs on the basis of the adequacy decisions of the European Commission and the consequent authorization provisions of the Guarantor for the Protection of Personal Data. In particular, the transfer of data to the USA takes place on the basis of the "Commission Implementing Decision (EU) 2016/2295 of 12 July 2016 (pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-US Privacy Shield" [notified under number C(2016)4176] and the consequent "Authorization for the transfer of data abroad through the agreement called "EU – USA Privacy-Shield" issued by the Data Protection Authority on 27.10.2016, since all recipients of the data based in the USA are registered with the Privacy Shield; in addition, in some cases, the contracts with such recipients also include the standard contractual clauses referred to in the "Commission Decision of 5 February 2010 on standard contractual clauses for the transfer of personal data to data controllers established in third countries pursuant to Directive 95/46/EC of the European Parliament and of the Council" [notified under number C(2010)/87/EU] and therefore on the basis of the consequent "Authorisation for transfers to third countries through the standard contractual clauses referred to in Commission Decision 2010/87/EU in the case of an importer established in a third country" issued by the Guarantor for the Protection of Personal Data with provisions of 27 May 2010 and 15 November 2012.
Art. 10
Right to object
The interested party has the right to object at any time, for reasons relating to his particular situation, to the processing of personal data concerning him carried out for the purposes having as their legal basis the legitimate interest of the data controller.
In the event that the data are processed for direct marketing or profiling purposes, the interested party also has the right to object at any time to the processing of personal data concerning him/her carried out for such purposes.
In the event of exercising the right to object, Yumibio will refrain from further processing the personal data, unless it demonstrates the existence of compelling legitimate reasons for proceeding with the processing that prevail over the interests, rights and freedoms of the interested party or for the establishment, exercise or defense of a right in court.
If the data subject objects to processing for direct marketing or profiling purposes, the personal data shall no longer be processed for such purposes.
Art. 11
Right of access
The interested party has the right to obtain from Yumibio confirmation as to whether or not personal data concerning him or her is being processed and, where that is the case, to obtain access to the personal data and information indicated below.
In the event of exercising the right of access, the user may obtain access to personal data and the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right of the data subject to request from the data controller rectification or erasure of personal data or restriction of processing of personal data concerning him or her or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, which produces legal effects concerning the data subject or similarly significantly affects him or her, and at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Art. 12
Right to rectification
The interested party has the right to obtain from Yumibio the rectification of personal data concerning him without undue delay. Taking into account the purposes of the processing, the interested party has the right to obtain the integration of incomplete personal data, including by providing a supplementary statement.
Art. 13
Right to erasure
The interested party has the right to obtain from Yumibio the deletion of personal data concerning him or her without undue delay and Yumibio has the obligation to delete personal data without undue delay, if one of the following reasons exists:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- the data subject withdraws the consent on which the processing is based, if there is no other legal basis for the processing;
- the data subject objects to the processing based on the legitimate interest of the data controller for reasons relating to his or her particular situation and there are no overriding legitimate grounds or objects to the processing of his or her personal data for direct marketing or profiling purposes;
- personal data are processed unlawfully;
- personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
Art. 14
Right to restriction of processing
The interested party has the right to obtain from Yumibio the limitation of the processing when one of the following hypotheses occurs:- the data subject contests the accuracy of the personal data for a period of time enabling Yumibio to verify the accuracy of such personal data;
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- although Yumibio no longer needs them for the purposes of processing, the personal data are necessary for the data subject to ascertain, exercise or defend a right in court;
- the interested party has opposed the processing in cases of processing based on the legitimate interest of the data controller, for reasons related to his particular situation, pending verification of the possible prevalence of the legitimate reasons of Yumibio with respect to those of the interested party.
The interested party who has obtained the restriction of processing shall be informed by the data controller before such restriction is revoked.
Art. 15
Right to data portability
The interested party has the right to receive in a structured, commonly used and machine-readable format, the personal data concerning him/her provided to Yumibio and has the right to transmit such data to another data controller without hindrance from the data controller to whom he/she has provided them, if:
- the processing is based on the data subject's consent or on a contract;
- the processing is carried out by automated means.
In exercising his right to data portability, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
The exercise of the right to portability is without prejudice to the right to erasure. The right to portability must not adversely affect the rights and freedoms of others.
Art. 16
Gift Card
In the event that the user provides Yumibio with an email address of a third party in order to purchase a Gift Card and send it to the third party, the user guarantees that he/she has the authorization to use the third party's email. The user indemnifies Yumibio from any liability arising from the improper use of the email address.
Art. 17
Response times and methods in case of exercising the rights of the interested party
Yumibio provides the interested party with information about the actions taken in relation to a request to exercise the rights recognized by Articles 15 to 22 of the Regulation (i.e. right of access, right to rectification, right to erasure, right to restriction of processing, right to data portability, right to object) and by this privacy notice (“Rights of the Interested Party”), without undue delay and, in any case, within one month of receiving the request. This period may be extended by two months, if necessary, taking into account the complexity and number of requests. Yumibio informs the interested party of such extension, and of the reasons for the delay, within one month of receiving the request. If the interested party submits the request by electronic means, the information shall be provided, where possible, by electronic means, unless otherwise indicated by the interested party.
Art. 18
Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation. The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and outcome of the complaint, including the possibility of a judicial remedy.
