Revised date: April 2020
We would like to inform you that we will process your personal data in compliance with the provisions of EU Regulation 679/2016 (hereinafter: “Regulation”), of California Consumer Privacy Act of 2018 (CCPA) and any other specific local rules applicable to the protection of personal data.
Below you will find all the information regarding our processing of your personal data to provide you our marketing and promotional communication service.
We would like to point out that the protection of children's safety and privacy is very important to the Tod's Group. Therefore, we do not intend to collect and voluntarily use the personal data of individuals below the age of sixteen (16), or below any other minimum legal age limits in force in your country of residence. Consequently, we ask that you refrain from providing us with any personal data if you are below 16 years of age or if you are not of legal age in your country of residence.
1. Data Controllers
a) Joint Controllers:
· Tod’s S.p.A., with registered office in 1, Via Filippo Della Valle, Sant'Elpidio a Mare FM – Italy (EU).
· ItalianTouch S.r.l., with registered office in 171, Corso Umberto I, Civitanova Marche MC – Italy (EU), a company within the Tod’s Group, directly controlled by Tod’s S.p.A.
The relationship between the joint controllers applies to all the processing of your personal data prior to or as it relates to the creation of your personal account and to the use of services reserved for account holders.
b) Data Controller: Tod’s S.p.A., with registered office in 1, Via Filippo Della Valle, S. Elpidio a Mare FM – Italy (EU), for the processing of your personal data for marketing and customer profiling purposes (which do not include the sale of your personal data).
c) Data Controller: ItalianTouch S.r.l., with registered office in 171, Corso Umberto I, Civitanova Marche MC – Italy (EU), a company within the Tod’s Group, for the processing of your personal data to provide you a smoother check out process when you purchase Tod’s Group products on its online store (hereinafter, “Store”).
d) Legal Basis and Purpose of Processing
We will process your personal data as joint controllers as indicated in the previous section to comply with your request to create a personal account and to avail of the services that come with it, which necessitates said processing for the performance of a contract and/or adoption of pre-contractual measures at your request. Failure to disclose certain personal data could in some cases prevent you from creating a personal account and from fully availing the services reserved to personal account holders.
ItalianTouch S.r.l. will process your personal data to provide you the services reserved for personal account holders when you purchase Tod’s Group products on the Store, which necessitates said processing for the performance of a contract and/or adoption of pre-contractual measures at your request. Failure to disclose certain personal data could in some cases prevent you from using specific services at all or from using them to the full extent.
Tod’s S.p.A. will also process your personal data but only with your explicit and specific consent to do so to:
i. conduct marketing activities (which do not include the sale of your personal data) through newsletters, promotions, discounts, incentives, commercial information, and other related marketing schemes, via paper mail, phone calls, direct sales, email, automatic voice calls, messaging platforms or SMS/MMS, and to send invitations to shows or events, perform market research and send notifications on special initiatives dedicated to TOD’S Group customers;
In addition to the email address, indispensable for your subscription to the newsletter, in accordance with the marketing procedure that we will adopt, we may use complementary channels / tools (telephone, traditional mail, etc.), corresponding to the contact information you have provided or will provide in the future;
ii. perform customer profiling activities, such as analyzing your interests and preferences concerning our products and services, and your shopping habits. Also, by looking into the type and frequency of purchases you make online (via your personal account or as guest) and/or at our boutiques/points of sale, we can better guarantee a personalized service for your future visits to the TOD'S Group boutiques. Likewise, if you also have consented to processing your personal data for marketing purposes (which do not include the sale of your personal data), we will be able to send you promotional information and/or invitations to initiatives that fit best your profile, preferences and expectations as a shopper.
Please note that, if you decide not to give your consent to the processing of your personal data for marketing purposes, we will not be able to send you newsletters, promotional communications and provide the marketing service you are subscribing to. If you decide not to give your consent to the processing of your personal data for profiling purposes, this will not have any impact on your subscription to the promotional communication and marketing newsletter service, but this would not allow us to fulfil the purposes mentioned in the above par. ii).
If you have previously consented to processing your personal data, you will be requested to provide consent for each purpose (in particular, for marketing and customer profiling activities which do not include the sale of your personal data), by marking the selection box for each specific purpose to allow us to process your personal data accordingly.
If you do not wish to authorize the processing of your personal data for any of the indicated purposes, please do not mark the selection box associated with the specific purpose, and we will assume that:
- i. you do not consent to processing your personal data for that specific purpose if you have not previously authorized the Company to do so.
- ii. ii. you are withdrawing the consent you have previously given the Company to process your personal data for that specific purpose. Therefore, the Company (i) will not process in any way your personal data for the specific purpose indicated or (ii) will cease all processing activities that up until then had been lawfully performed.
Finally, we may also process your personal data to comply with any legal obligations that we may have or to pursue our rights or of third parties, in compliance with the conditions and limits set forth by the current applicable laws.
Finally, we may also process your personal data to comply with any legal obligations that we may have and to pursue our rights or those of third parties, in compliance with the conditions and limits set forth by the current applicable laws.
e) Processing Procedures
We will process your personal data by means of telematic, paper and computer tools, and such processing will be based on the principles of fairness, lawfulness, and transparency to protect your rights and privacy. In particular, the processing of your data, also for purposes of customer profiling, may be automated, for example through a comparative analysis of your purchases (types, quantities, frequency, timing etc.), and through the analysis of the type and number of your requests for product information within a given timeframe.
We will also process your data in a manner that will minimize the risk of destruction, loss, and unauthorized access to your data or any unauthorized or non-compliant processing.
f) Disclosure and Dissemination of Personal Data
We will not disseminate your personal data.
We will not sell your personal data to third parties.
We will disclose your personal data only for the purposes described above to other companies within the Tod’s Group, therefore including companies directly or indirectly controlled or owned by Tod’s S.p.A., with headquarters in countries both within and outside the European Union or the US.
Your data may also be accessible to companies, organizations or associations that perform technical and organizational tasks on our behalf, again consistent with attaining the purposes previously described, as well as to public authorities that make it lawful and legally required.
Any transfers of your personal data to entities outside the European Economic Area (EEA) or the US will be made only if the level of protection of personal data, guaranteed by the Regulation, is not compromised.
At any event, your personal data will only be processed by parties, duly instructed and able to provide adequate technical and organizational safeguards, as well as bound to the strictest confidentiality by the Data Controllers.
g) Duration of Processing
We will process your personal data for marketing purposes (which do not include the sale of your personal data) until your consent withdrawal.
Your personal data, processed to create a personal account and to use the services reserved for personal account holders, whether performed by ItalianTouch S.r.l. as joint controller or as sole data controller, will be kept and processed until you close your personal account. Also, your personal data will be deleted automatically (or made anonymous) after 7 years from the last time you interacted with your personal account (for instance, when you access or update your data, create new orders, etc.).
To protect you further, near the end of the 7-year time frame as mentioned above, we will notify you that your account is soon to expire. If you wish to keep your personal account active, you need only to interact with it.
If you decide to consent to processing your personal data for marketing purposes (which do not include the sale of your personal data), the duration of said processing will not exceed 7 years from the date of consent.
With regard to our newsletter service, we will send you an email before your consent expires inviting you to renew your consent so you can continue receiving our newsletters. If you do not respond to said email, we will cease to send you any promotional and/or commercial communication at the end of the seventh year.
If you have consented to processing your personal data for customer profiling purposes, said processing will be performed no more than 7 years from the date of consent, automatically renewed each time you make a purchase at any boutique/point of sale of the Tod’s Group, or at the Store.
If the processing of your personal data is based on legal provisions or on any our rights or those of third parties, the processing of your personal data will be strictly limited to the time required to achieve the purposes for which the data was collected and/or processed.
h) Your Rights
You have the right to access your personal data, to request disclosure of such data and additional details, including its use purposes and any third parties with which such data may have been shared, to correct or update it, or to delete or transmit it in a readily useable format to you or any third party. You may also request to limit or object to its processing.
Especially with regards to processing for marketing and/or customer profiling purposes (which do not include the sale of your personal data), we would like to remind you that you may at any time exercise your right to withdraw the consent you have given us.
You may oppose at any time to receive direct marketing communications both via automatic means (text messages, MMS, messaging platforms, e-mails and push notifications) and traditional means (mail, phone calls by operators) without prejudice to your possibility of exercising this right only in part, i.e. by opposing only to receive promotional communications via automatic tools. You may exercise these rights at any time, by writing to our Data Protection Officer (DPO) to the following e-mail address: firstname.lastname@example.org. If you have given your consent, you may withdraw it at any time without compromising the lawfulness of the data processing procedure followed until the withdrawal.
Notwithstanding your right to withdraw the consent to the processing of your personal data for marketing and/or profiling activities by writing to the e-mail address email@example.com, please note that each communication contains a link that you can use to:
- i. stop the transmission of the received message - and/or -
- ii. withdraw the consent to the data processing for marketing purposes. In this case we will not send you advertising and/or promotional material anymore and any eventual newsletter will be automatically disabled (related to any brand of the Tod's group) - and/or -
- iii. withdraw the consent to profiling activities
Furthermore, you may at any given time, withdraw (or give) your consent to processing for purposes of marketing and/or customer profiling through your personal account, if you have activated one, on our Site.
Withdrawing your consent does not negate the legitimacy of the processing you had previously consented to.
We will make sure to comply with your request to exercise your rights always within the limits of the law.
Remember that you can file a complaint with competent authorities if you believe that we have violated any rules concerning the protection of personal data.