Privacy Policy

CELLARTE LTD.

PRIVACY POLICY

For customers, their representatives, contact persons and other related persons

• Information on the controller
  

Our company name is CELLART LTD., registration number: 40103551071, legal address: Mārupes nov., Jaunmārupe, Mazcenu aleja 6A, LV-2166, Latvia.

You may contact us by phone (+371) 26038333 or by writing to the following e-mail address: office@cellarte.eu.

• General characterisation of the personal data processing carried out by CELLARTE LTD.
  

This Privacy policy describes how we are carrying out personal data processing of our clients, representatives/contact persons of clients, co-operation partners, visitors of the website and other persons the data of whom may become at our disposal within the framework of the commercial activity implemented by us.

We assume that prior to use of our website or upon becoming of our client, you have read this Privacy policy and have accepted the provisions thereof. This is the current version of the Privacy policy. We reserve the right to make amendments therein and, where necessary, update this Privacy policy.

The purpose of this Privacy policy is to provide you a general overview regarding the personal data processing activities carried out by us and the purposes thereof, however, please, take into account that also other documents (for example, service agreements, co-operation agreements, provisions for the use of cookies) may provide additional information regarding processing of your personal data. We hereby inform you that the provisions for the personal data processing included in this Privacy policy refer only to the personal data processing of natural persons.

In addition to these provisions you may become familiar with the following additional notifications on personal data processing:

• Provisions for the use of cookies (available here)

https://cellarte.eu/sikdatnu-politika/ We are aware that personal data are your value and we will process them by complying with the confidentiality requirements and taking care of the safety of your personal data at our disposal in accordance with the requirements of REGULATION (EU) 2016/679 OF THE EUROPENA 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, and repealing Directive 95/46/EC (General Data Protection Regulation).

• Purposes and legal basis personal data processing

We will process your personal data only in conformity with the laid down legitimate purposes, including for:

a) the commencement and provision of services, as well as for the performance and ensuring of the obligations laid down in an agreement (incl. distance agreement, co-operation agreement)

Within the framework of this purpose it is necessary to identify you, to ensure appropriate payment calculation and to ensure payment performance process, to contact you in issues related to provision of a service and/or performance of an agreement (including also sending of invoices, delivery of goods), in certain cases also to ensure recovery of outstanding payments. For this purpose and for the abovementioned sub-purposes we need at least the following personal data: the given name, surname, address (delivery address of a consignment/invoice), bank account number, phone number, e-mail address of a customer, contact person of a customer and/or co-operation partner.

The main applicable legal basis for reaching this purpose:

• entering into an agreement with a data subject and performance thereof (Article 6 (1)(b) of the General Data Protection Regulation);
• performance of a legal obligation (Article 6 (1)(c) of the General Data Protection Regulation);
• legitimate interests of the controller (Article 6 (1)(f) of the General Data Protection Regulation), identification of you as a client, contact person of a client and/or co-operation partner, ensuring communication with you.
  

  b) the compliance with the requirements laid down in laws and regulations in respect of provision of services or compliance with the requirements laid down in other laws and regulations

Within the framework of this purpose it is necessary to meet the requirements of the laws and regulations governed by the Consumer Rights Protection Law, the requirements of the law On Accounting, the requirements of the Archives Law and the requirements laid down in other laws and regulations.

For this purpose, we have to process at least the following personal data: the given name, surname, address, delivery address of a consignment/invoice of a customer, contact person of a customer and/or co-operation partner.

The main applicable legal basis for reaching this purpose:

• performance of legal obligations (Article 6 (1)(c) of the General Data Protection Regulation).
  

  c) Provision of marketing activities

Within the framework of this purpose we could send you commercial notifications, to ensure your participation in surveys, lotteries and/or drawings organized by us, as well as to publish materials from the public events organized by us.

For this purpose, we need at least the following personal data: the given name, surname, phone number, e-mail address of a customer, contact person of a customer and/or co-operation partner.

The main applicable legal basis for reaching this purpose:

• consent of a data subject (Article 6 (1)(a) of the General Data Protection Regulation);
• entering into an agreement with a data subject and performance thereof (Article 6 (1)(b) of the General Data Protection Regulation);
• legitimate interests of the controller (Article 6 (1)(f) of the General Data Protection Regulation), for example, for ensuring communication.

d) the prevention of risk to security, property and ensuring of other legitimate interests significant for us or third parties

Within the framework of this purpose, it is necessary to use personal data processors for ensuring of different functions, where necessary, to disclose information to courts and other public institutions, to exercise the rights vested by laws and regulations for ensuring legitimate interests.

For this purpose, we have to process at least the following personal data: the given name, surname, address of a customer, contact person of a customer and/or co-operation partner according to necessity.

The main applicable legal basis for reaching this purpose:

• legitimate interests of the controller (Article 6 (1)(f) of the General Data Protection Regulation), for example, for the purpose of discovery of criminal offences, provision of debt recovery.

 e) ensuring of duly provision of services

Within the framework of this purpose, we have to perform maintaining and improvement of technical systems and IT infrastructure, use of technical and organizational solutions which may include also the use of your personal data (for example, by using cookies) with a view to ensure duly provision of services.

The main applicable legal basis for reaching this purpose:

• legitimate interests of the controller (Article 6 (1)(f) of the General Data Protection Regulation).

Type and justification for obtaining of personal data

We may obtain your personal data in any of the following ways:

• on the website www.cellarte.eu by using cookies;
• via the process of entering into a mutual agreement by acquiring the data directly from you;
• if the agreement is entered into with a third party and it has indicated you as a contact person;
• from you if you will submit any applications, e-mails to us, or will call us;
• from you if you subscribe to our services online;
• from third parties if they will submit your data to us or request them from you.

We mainly collect your information in order to perform the undertaken contractual obligations, to fulfil legal responsibilities binding on us and in order to implement our legitimate interests. In these cases, obtaining of certain information is necessary for reaching the relevant purposes, thus non-provision of such information may hinder commencement of transaction relations or performance of a contract. If data will not be required mandatory, however provision thereof could help to improve the service or offer more beneficial offers, we will indicate it upon collection of data that provision of data is voluntarily.

Categories of potential recipients of personal data

We are carrying out the relevant measures in order to process your personal data in conformity with applicable legal acts and ensure that third parties without any relevant legal basis for your personal data processing are not accessing your personal data.

Your personal data, where necessary, may be accessed by:

• our employees or directly authorized persons for whom it is necessary for the performance of their work duties;
• artists who are the authors of the works posted on our website www.cellarte.eu, their representatives or contact persons;
• bank/payment institutions for the purposes of payment servicing;
• suppliers of goods, post offices, courier service;
• personal data processors in conformity with the services provided by them and only in the necessary amount, for example, auditors, website/database developer/technical maintainer, other persons who are related with the provision of the controller services;
• state and local government institutions in the cases laid down in laws and regulations, for example, law-enforcement institutions, local governments, tax administrations, sworn bailiffs;
• third parties upon careful assessment whether such data transfer has appropriate legal basis, for example, debt collectors, courts etc.

CELLARTE LTD. co-operation partners in personal data processing or personal data processors

We are taking the relevant measures to ensure processing, protection of your personal data and transfer thereof to data processors in accordance with the applicable legal acts. We are carefully selecting personal data processors and upon transfer of data we are assessing its necessity and amount of transferrable data. Data transfer to processors is carried out in compliance with the requirements for the personal data confidentiality and safe processing.

We may co-operate with the following categories of personal data processors:

• outsourcing accountants, auditors;
• maintainer of IT infrastructure, website/database owner/developer/technical maintainer;
• suppliers, carriers, post offices, courier service and other persons who are related to ensuring of provision of our services.

From time to time, personal data processors may change, and we will make changes thereon also in this document.

Time periods of personal data storage

Your personal data are stored as long as their storage is necessary in conformity with the relevant personal data processing purposes, and also in accordance with the requirements of the applicable legal acts. Upon assessing the duration of persona data storage, we take into account the requirements of the applicable legal acts, aspects for the performance of the contractual obligations, your instructions (for example, in the case of consent), and also our legitimate interests. If your personal data are not necessary any longer for the specified purposes, we will delete or destroy them.

The most used time periods of personal data storage are as follows:

• we will keep personal data which are necessary for the performance of the contractual obligations until the contract will be performed and until other storage time periods will set in (see below);
• we will store personal data which must be stored in order to meet the requirements of legal acts for time periods laid down in the relevant laws and regulations, for example, in the law On Accounting it is laid down that source documents shall be kept until the day when they are necessary in order to detect the beginning of each economic transaction and track the progress thereof, however not less than 5 years;
• we will store data for the general claim limitation period in accordance with the claim limitation periods laid down in laws and regulations in order to prove the performance of our obligations – 10 years according to the Civil Law, 3 years according to the Commercial Law and other time periods by taking into account the time periods laid down in the Civil Procedure Law for bringing an action.

Use of personal data for taking of automated decisions

We are not using your data for taking of automated decisions. 

Transfer of personal data to countries outside the European Union (EU) or European Economic Area (EEA)

Usually your data processing takes place within the framework of the countries of the European Union (EU) and European Economic Area (EEA), however in certain cases personal data may be transferred and processed in the countries outside the EU and EEA, for example, if the author of the work purchased by you is located outside the EU and EEA and he/she or supplier needs receive your data in order to deliver your purchase to you.

Transfer and processing of personal data outside the EU/EEA may occur based on both the European Commission decision on sufficient protection level in certain countries and in other cases:

• in accordance with the consent of a data subject;
• if sending is necessary for the public interests or in order to bring an action, enforce and defend lawful claims;
• if sending is necessary in order to perform the contract between a data subject and controller.

Your rights as a data subject in respect to your personal data processing

a) Renewal of personal data

If changes occurred in your personal data which you have provided to us, for example, changes in the personal identity number, correspondence address, telephone number or e-mail, please, contact us and submit current data to us in order for us to reach the relevant purposes of personal data processing.

b) Your rights to access your personal data and correct them

In accordance with the provisions of the General Data Protection Regulation, you have the right to request access to your personal data which are at our disposal, to request correction, deletion, processing restriction thereof, to object to your data processing, and also the right to data transferability in the cases and in accordance with the procedures laid down in the General Data Protection Regulation.

CELLARTE LTD. respects such your right to access your personal data and to control them, therefore in the case of receipt of your request we will reply to it within the time periods laid down in laws and regulations (usually not later than within one month unless there is any special request which requires more time to prepare a reply) and, where possible, we will correct or delete your personal data respectively.

You may acquire information regarding your personal data at our disposal or to exercise other rights of a data subject in one of the following ways:

• by submitting a relevant submission to us sending it by post to the following address: Mazcenu aleja 6A, Jaunmārupe, Mārupes nov., LV-2166, Latvia
• by submitting the relevant application sending it to our e-mail: office@cellarte.eu, it is recommended to sign it with a safe electronic signature.

Upon receipt of your submission we will assess its content and your identification option, and, depending on the relevant situation, we reserve the possibility to ask you to additionally identify you in order to ensure your data safety and disclosure to the relevant person.

c) Withdrawal of consent

If your personal data processing is based on the consent given by you, you has the right to withdraw it at any time and we will not process anymore your personal data which we were processing on the basis of the consent for the relevant purpose. However, we inform that withdrawal of the consent may not influence such personal data processing which is necessary for the performance of the requirements of laws and regulations or which is based on the agreement, our legitimate interests or other grounds for lawful data processing laid down in laws and regulations.

You may object to your personal data processing, if the personal data processing is based on the legitimate interests or is used for marketing purposes (for example, for sending commercial notifications, participation in drawings and similar).

Possibility to submit a complaint

If you have any questions or objections in relation to processing of your personal data carried out by us, we encourage you to apply to us first.

However, if you are of opinion that we were not able to mutually settle the issue and you think that we are infringing your right to personal data protection, you have the right to submit a complaint to the Data State Inspectorate. Sample applications to the Data State Inspectorate and other related information you may find on the website of the Data State Inspectorate (http://www.dvi.gov.lv/lv/datu-aizsardziba/privatpersonam/iesniegumu-paraugi/).