In this policy “we”, “us”, “our”, “Portofino” and similar terms mean Portofino Technologies AG and its affiliate companies. “You”, “your” and similar terms mean the individual or legal entity accessing or using the Website or attending an Event, as applicable. For the meaning of capitalised terms, please refer to the “Definitions” section at the end of the policy.
This website is not intended for children and we do not knowingly collect data relating to children.
The data we collect about you
Portofino Technologies AG is the controller and responsible for the Website. We will let you know which Portofino entity will be the controller for your data when you attend an Event or purchase a product or service with us.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you, including Identity Data, Contact Data, Product Data, Technical Data, Profile Data, Usage Data and Marketing and Communication Data.
We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- attend Events;
- apply for our products or services;
- create an account on our website;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us feedback or contact us.
- Automated technologies or interactions. As you interact with our Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We may collect this personal data by using cookies, server logs and other similar technologies.
- Third parties or publicly available sources. We will receive personal data about you from various third parties such as analytics providers, advertising networks, data brokers or aggregators, or search information providers based inside or outside the UK.
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
We may use the personal data we collect from you in the following ways:
- To ensure legal and regulatory compliance: We are subject to laws and regulations requiring us to collect and use your Identity Data and Contact Data in order to comply with anti-money laundering and terrorist financing laws in different jurisdictions. If we do not collect such data we will be unable to provide you with many of our services.
- To communicate with you: We communicate with you to keep you updated about our services, inform you of relevant security issues or updates, or provide other transaction-related information. Without such communications, you may not be aware of important developments relating to your account that may affect how you can use our services.
- To ensure quality control: We process your personal information for quality control and staff training to make sure we continue to provide you with accurate information and a high quality of services. If we do not process personal information for these purposes, our level of service provision may be compromised.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. You can ask us or third parties to stop sending you marketing messages at any time by contacting us.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We share your personal data within the Portofino group. This will involve transferring your data across borders, including outside the European Union (if your data was gathered in the European Union) or outside the United Kingdom (if your data was gathered in the United Kingdom). We ensure a similar degree of protection is afforded to your personal data by only transferring it to countries that have been deemed to provide an adequate level of protection for personal data.
Data security and retention
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We will notify you and any applicable regulator of a suspected personal data breach where we are legally required to do so.
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. While retention requirements vary by jurisdiction, we typically retain data for six years after it was gathered or after the end of our contractual relationship with you, whichever is the later. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- If you want us to establish the data's accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Acceptance of this policy
By using our Website, you accept and agree to the terms of this policy. If you do not agree to this policy, you may not use our Website. Your continued use of the Website following the posting of changes to this policy will be deemed your acceptance of those changes.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Event means an event, conference and/or related activity organised by Us or at which we collect personal data on attendees.
External Third Parties means:
- Providers of IT and system administration services;
- Professional advisers including lawyers, bankers, auditors and insurers based in the Jurisdictions who provide consultancy, banking, legal, insurance and accounting services.
- Law enforcement, regulatory, tax and other authorities based in the Jurisdictions who require reporting of processing activities in certain circumstances.
Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
Internal Third Parties means other companies in the Portofino group which are based in the Jurisdictions and provide IT, system administration and other services to Portofino affiliates.
Jurisdictions means the British Virgin Islands, the member states of the European Union, Singapore, Switzerland, the United Kingdom, the United States or other countries in which Portofino companies may operate.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Product Data includes details of products and services you have purchased from us.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
Usage Data includes information about how you use our website, products and services.
Website means www.portofino.tech and any other website operated by Us.