The website www.rogervivier.com ("Website") is owned by TOD'S S.p.A., based in Italy at Via Filippo della Valle 1, S. Elpidio a Mare (FM) ("TOD'S" and/or the "Company").
TOD'S is the owner of the ROGER VIVIER brand. The store of the Website in which it is possible to buy online ROGER VIVIER branded products ("E-Commerce") is found at store.rogervivier.com ("Store").
TOD'S E-Commerce is provided by the company ITALIANTOUCH s.r.l., a single-member company, based at Corso Umberto I, n. 171, Civitanova Marche (MC) ("ITALIANTOUCH"), that sells ROGER VIVIER branded products at the Store.
In order for You to register with the Store, which allows You to access services including TOD'S E-Commerce, ITALIANTOUCH processes Your personal data according to the provisions of D.Lgs 30 giugno 2003, n. 196 ("Privacy Code").
TOD'S and ITALIANTOUCH shall process the personal data You provide when registering with the Store as joint data controllers (each, a "Joint Data Controller" or "Data Controller" and jointly "Joint Data Controllers" or "Data Controllers").
This statement is directed at all individuals who interact with the Store, and in particular:
- at those who navigate the Store without registering;
- at those who register with the Store and make use of the services offered through the Store, including E-commerce.
This statement is not made on behalf of other websites that may be consulted by You through links contained in the Store. Neither TOD'S nor ITALIANTOUCH shall be liable in any way for any unlawful processing of Your data that may be undertaken by third parties.
This statement is provided pursuant to article 13 of the Privacy Code, and in accordance with Recommendation no. 2/2001 which the European Authorities for the Protection of Personal Data, brought together in the Working Party set up by Article 29 of Directive 95/46/EC, adopted on 17 May 2001 in order to identify certain minimum requirements for collecting personal data online in the European Union.
It is possible to access the Store without being required to provide any personal data. However, the information systems and the software used to operate the Store acquire, during the course of their normal operation, certain personal data whose transmission is implicit in the use of Internet communication protocols.
This information is not collected in order to be associated with identified individuals, but also due to its very nature it could, through processing or association, enable the user to be identified.
Included in this category are the IP addresses or the domain names of the computers operated by the users who access the Store, the URL addresses of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, etc. These data are only used to gather anonymous statistical information on the usage of the Store (such as, in particular, the number of visitors) and to check that it is operating correctly and they are deleted immediately after processing. This process does not require the processing of any information that can directly identify individuals.
Consequently, in compliance with the provisions of the Privacy Code, we hereby inform you that TOD'S and ITALIANTOUCH shall process Your personal data in accordance with the following terms and conditions.
Art. 1. Purpose of the processing
The processing of personal data is aimed exclusively at achieving the following objectives:
a. to ensure registration with the Store and for the fulfilment of the relevant administrative and legal requirements;
b. in the case You intend to make use of the E-Commerce Service provided by ITALIANTOUCH:
- to enable the correct execution of online purchase operations on the part of the latter and, thus, to comply fully and promptly with all obligations resulting from the contractual relationship, and with the relevant administrative and legal requirements;
- limited to the e-mail details provided by You when purchasing a product or service from the Store, to allow for the direct sale of similar products or services (known as soft spamming), provided that You do not object to such processing.
c. with Your consent, for subscribing to mailing lists held by ITALIANTOUCH, for sending promotional and informative material on the part of ITALIANTOUCH, in its capacity as Data Controller, on its products or services or those of third parties, as well as for undertaking market research also for customer satisfaction purposes, through automated systems such as e-mail and SMS, or by phone and by mail;
d. with Your consent, in order to allow TOD'S in its capacity as independent Data Controller to (i) provide offers, discounts, benefits and other services, (ii) send promotional and marketing material and free products, (iii) send invitation to attend exhibitions or events, (iv) undertake market research and (v) inform customers of all special initiatives regarding TOD'S products or products or services of third parties through automated systems such as e-mail and SMS, or by phone and by mail;
e. with to your consent, to the communication of your personal data at the time you finalize a purchase transaction by ITALIANTOUCH to TOD'S, for allowing TOD'S, in its capacity as independent Data Controller, to analyze your shopping habits and commercial choices (i.e. "profiling") through a survey of the type and frequency of your online purchases in order to provide you with a better service when you make future purchases at one of the Group's stores and to pursue the purposes set forth in lett. (d) above, according to the methods described in such point. In accordance with the disposition of the Italian Data Protection Authority of November 7th 2013, TOD'S has the right to retain your personal data for profiling purposes for a maximum period of seven years after which all data will be automatically deleted or made permanently anonymous;
f. for statistical and historical purposes.
Art. 2. Provision of data and consequences in the event of failure to consent to processing
The provision of data for the purposes referred to in points a) and b1) of art. 1 above is purely optional. However, given that such processing is necessary in order to allow registration with the Store and the provision of the services, including E-Commerce, if You refuse to provide the data in question, this will make it impossible to register You with the Store and to make purchases.
Furthermore, in the event that, once You have registered, You intend to perform an online purchase, you must provide ITALIANTOUCH with some personal data in addition to those already provided when you registered, in particular, those relating to the delivery address. The processing of this personal data is necessary to finalize the purchase and failure to provide these data will prevent a Store purchase from being completed.
Should You choose a credit card as Your method of payment, You may be asked for data relating to the credit card that you intend to use. These data will not be processed in any way either by ITALIANTOUCH or TOD'S, but only by the provider of the payment service.
With regard to the purposes of the processing referred to in points c) and d) of art. 1 above, the consent to the processing of Your data is purely optional. Failure to consent shall not result in any consequences with regard to the possibility of registering with the Store and/or making purchases.
Failure to consent shall only result in the following consequences:
- failure to consent to the processing of data for the purposes referred to in art. 1, point c) above, will prevent You from receiving promotional and informative material, brochures and informative communications on the part of ITALIANTOUCH relating to its own products and services or those of third parties, through automated systems such as e-mail and SMS, or by phone and by mail;
- failure to consent to the processing of Your personal data for the purposes referred to in art. 1, point d) above, will prevent TOD'S from being entitled to provide offers, discounts, benefits and other services, send promotional and marketing material and free products, send invitation to attend exhibitions or events, undertake market research and inform customers of all special initiatives regarding TOD'S products or products or services of third parties, through automated systems such as e-mail and SMS, or by phone and by mail;
- failure to consent to the processing of Your personal data for the purposes referred to in art. 1, point e) above, will prevent ITALIANTOUCH from communicating the data you provided at the time of the purchase to TOD'S, and TOD'S from acquiring the aforesaid data in order to analyze your shopping habits and commercial choices (i.e. "profiling") through a survey of the type and frequency of your online purchases in order to provide you with a better service when you make future purchases at one of the Group's stores. Consequently, TOD'S will be prevented from sending you information and promotional material of your specific interest and to pursue the purposes set forth in lett. (d) of Art. 1 above, according to the methods described in such point.
Please, also note that Your consent to the processing of data for one or more of the purposes referred to in art. 1, points c), d) and e) above, may be revoked at any time, whenever you access Your account at the Store, in the "Personal Profile / Authorizations" section of the Store, or by contacting the Data Controllers at the addresses indicated in art. 5. which follows.
Furthermore, in relation to the processing consisting in the sending of informative material, promotional brochures and informative communications on the part of TOD'S and ITALIANTOUCH, as well as for the purposes set forth in lett. (b2) of art.1 above, please note that You may revoke your consent by clicking on the relevant box [Unsubscribe] that is shown at the bottom of every communication containing informative or promotional information that You are sent.
Art. 3. Processing methods
The processing of Your personal data shall mainly be carried out with the aid of electronic or automated means, according to the methods and with the appropriate tools to ensure the security and confidentiality of these data, in compliance with the provisions of the Privacy Code. In particular, all the technical, electronic, organisational, logistical and procedural safety measures shall be taken to ensure the minimum level of data protection stipulated by law, only allowing access to individuals authorised to process data on the part of each of the Data Controllers or the Data Processors authorised by each of the Joint Data Controllers.
The information acquired and the processing methods shall be pertinent and not excessive in relation to the type of services provided.
The data shall also be managed and protected in environments to which access is constantly supervised.
Art. 4. Communication and dissemination of data
Your personal data shall be communicated:
- for the purposes referred to in point a) of preceding art. 1, to the employees or staff of the Joint Data Controllers, who will process them in their capacity as Data Processors or persons in charge of the processing;
- for the purposes referred to in point c) of preceding art. 1, to the employees or staff of ITALIANTOUCH, who will process them in their capacity as Data Processors or persons in charge of the processing.
- for the purposes referred to in point d) and e) of preceding art. 1 - and to ensure that your information is always correct and updated whenever you come into contact with Tod's Group in the future - to: employees and collaborators of TOD'S S.p.A. in charge of data processing, TOD'S Group companies in their capacity as external data processing supervisors, and the managers of TOD'S stores in Italy and abroad who are in charge of processing the data.
Personal data provided by You may also be communicated:
a. to all those parties (including Public Authorities) who have access to personal data as stipulated by legislative or administrative provisions;
b. to post offices, to the companies or third parties responsible for the services of printing, packaging, shipping and/or delivery of products purchased at the Store;
c. to companies, consultants or professionals who may be responsible for the installation, the maintenance, the upgrading and, in general, the management of the hardware and software of TOD'S or of ITALIANTOUCH or used by both for the provision of their services;
d. to companies or Internet providers responsible for sending documentation and/or informative material;
e. to all those public and/or private parties, natural and/or legal persons (legal, administrative and tax consultants, Judicial Offices, Chambers of Commerce, Trade Union Offices, etc.), where the communication is necessary or functional for the correct compliance with the contractual obligations assumed, and with legal obligations.
Personal data provided by You shall not be disseminated, other than anonymously and collectively, for statistical or research purposes.
The up-to-date list of Data Processors and persons in charge of the processing can be consulted at the offices of each Data Controller.
Art. 5. Data Controllers and Data Processors
The Data Controllers are: TOD'S S.p.A. and ITALIANTOUCH s.r.l..
In relation to the personal data provided when registering with the Store, in relation to which TOD'S and ITALIANTOUCH perform the role of Joint Data Controllers (pursuant to art. 1, lett. a of this disclaimer), You may send all enquiries and requests relating to the processing of your data to either of the Joint Data Controllers, at the following addresses:
Via Filippo della Valle, 1
S. Elpidio a Mare (FM)
Tel. +39 0734 8661
Fax. +39 0734 866280
Via Bergognone, 14/8
Tel. +39 02 89623211
Fax. +39 02 89623482
In relation to the personal data provided when making a purchase at the Store (pursuant to art. 1, lett. b1 of this disclaimer), you may send all enquiries and requests relating to the processing of said data to ITALIANTOUCH, in its capacity as independent Data Controller, at the address shown above.
Finally, You may send all enquiries and requests relating to the processing of personal data performed by TOD'S and ITALIANTOUCH in their capacity of Data Controllers to:
- ITALIANTOUCH, at the address shown above, for the marketing purposes referred to in points b2) and c) of preceding art. 1;
- TOD'S, at the address shown above, fort the marketing purposes referred to in point d) of preceding art. 1;
- for the marketing purposes referred to in point e) of preceding art. 1: ITALIANTOUCH, limited to the communication of data related to the purchase transaction to TOD'S; and TOD'S, limited to the analysis of your shopping habits and commercial choices (i.e. "profiling") through a survey of the type and frequency of your online purchases.
Art. 6. Storage of personal data
Your personal data shall be stored only for the length of time necessary in order to guarantee the correct provision of the services offered.
In the event of deletion or disabling due to failure to use Your account on the Store, Your data shall be stored for administrative purposes for a period of no longer than three months, notwithstanding any specific legal obligations on the storage of accounting documentation or for the purposes of public safety. In these cases, the automatic deletion of the data shall be guaranteed also by third parties to whom they may have been communicated.
In any case, it is understood that Your personal data shall be stored and processed for the purposes of verifying consumer and marketing behaviour for the period of time allowed by law and by the provisions of the Italian Data Protection Authority.
After this period, Your data shall be made anonymous, so as to prevent Your identification, even indirectly.
Art. 7. Right to access personal data
Pursuant to art. 7 of the Privacy Code, you have the right, inter alia, to:
a. obtain confirmation of the existence or not of Your personal data and their communication in an intelligible form;
b. obtain, from either of the Data Controllers:
- information on the source of the personal data, on the purposes and methods of the processing, on the logic applied in case the data have been processed with the aid of electronic means;
- information on the identification details of each of the Data Controllers;
- information regarding the parties or the categories of parties to whom the data may be communicated or who may become aware of them in their capacity as a representative appointed in the territory of the state, as data processors or persons in charge of the processing;
- the updating, rectification or integration of Your data;
- the deletion, rendering anonymous or blocking of data processed in breach of the law, including those which need to be stored in relation to the purposes for which the data have been collected or subsequently processed;
- confirmation of the fact that the operations referred to in the above points have been brought to the attention, also in relation to their content, of those to whom the data have been communicated or disseminated, except in the case where such compliance is impossible or would involve the use of means which are clearly disproportionate to the right protected;
- object, in whole or in part:
d. for legitimate reasons, to the processing of Your data, even if they are pertinent to the purpose of the collection;
- to the processing of Your personal data, provided for the purposes of commercial information or sending promotional or direct sales material or for carrying out market research or commercial communication. Please note that refusal to consent to personal data processing for the purposes described at points b2) and c) of art. 1 through automated systems (e-mail and SMS) is extended to traditional means of contact (post and telephone), except if the customer specifically choses to exercise his right in part, i. e. to reject communications originating only from selected means of contact, for example automated systems.
The aforementioned rights may be exercised by submitting a request to each of the Data Controllers by registered letter, by fax or also by e-mail to the addresses indicated above in art. 5.