This notice is addressed to anyone visiting and interacting with this Tod’s S.p.A. Internet site (Tod’s S.p.A. or the 'Company'). It only applies to this website and not to any other websites visited by the user via links on this website; this does not affect the information provided, for the sake of completeness, in relation to the web Store where Tod’s, Hogan orFay products can be purchased online. The Company shall to no extent be held liable for the unlawful processing of your data by third parties. Therefore, in order to exercise the rights referred to in the paragraph headed 'Rights of the Data Subject', please refer to the specific notices that those third parties are required to provide you with as independent Data Controllers.
The notice is also based on Recommendation No. 2/2001 adopted by the personal data protection authorities in the European Union, in the form of the Working Party established by Article 29 of Directive No. 95/46/EC, on 17 May 2001 in order to identify certain minimum requirements for collecting personal data online and, more specifically, the manner, timescale and nature of the information that data controllers must provide to users when they link up to web pages, regardless of the purpose of that link.
As the various pages of the site designed for the particular services on request are visited, specific notices in summary form will appear.
The Company will process your personal data in compliance with the provisions of Legislative Decree No. 196/2003 as subsequently amended (the 'Privacy Code').
During the course of their normal operation, the IT systems and software procedures that are used to run this web site acquire certain personal data; the transmission of this data is an inherent feature of the use of Internet communication protocols.
This information is not collected in order to be linked to identified individuals. However, its very nature dictates that, via processing and matching with data held by third parties, it might enable users to be identified.
This category of data includes the IP addresses or domain names of the computers used by users who connect with the site, the Uniform Resource Identifier 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, the numerical code that indicates the response status provided by the server (success, error, etc.) and other parameters that relate to the operating system and the user's IT environment.
This data is only used in order to gather statistical information in an anonymous form about the use of the site and to check that it is operating correctly, and is deleted immediately once it has been processed. The data could potentially be used in order to establish liability where computer crimes are committed to the prejudice of the site; save in those circumstances, web contact data is currently held for no longer than fifteen days.
Purposes of the processing
Signing up for our newsletter and consent to marketing and/or customer profiling where provided; purchase of products in the Tod’s Group stores and completion of coupons for marketing and/or customer profiling purposes where applicable.
You can also sign up for our newsletter, if you wish to do so.
Similarly, when you make a purchase at one of the Tod’s Group stores, you will be given the option of providing us with certain data by filling in a specific coupon; this is so that the Tod’s Group can improve the service that it intends to offer its customers.
The data provided by you when filling in the coupons at one of the Group's stores and/or by signing up for our newsletter will (only where you have freely provided your express consent in advance) be processed by Tod’s S.p.A., registered office at Via Filippo della Valle 1, S. Elpidio a Mare (FM), for the following purposes:
(i) to offer promotions, discounts, concessions and other services and to send commercial or promotional information, giveaways and invitations to events, to carry out market research and to announce any special schemes designed exclusively for Tod’s Group clients;
(ii) to carry out customer profiling, in compliance with the guarantees and necessary measures established by the Italian Data Protection Authority, by identifying the type and frequency of purchases that you make online and/or at Tod’s Group stores in order to be able to provide you with a better service on the occasion of future purchases at one of the Group's stores and for the purposes set out above.
The data may also be processed for statistical or historical purposes.
Methods of processing
The processing will be carried out in paper form and using web and IT tools; this processing will be carried out in accordance with the principles of propriety, legality and transparency and with principle that your rights and your privacy must be protected.
The way that the data will be processed will mean that the risk of the data being destroyed, lost, accessed without authority or subject to processing without consent or other than for the purposes that it was collected for is kept to a minimum.
Provision of data and the consequences of withholding consent to processing
Consent to marketing and/or customer profiling (always optional)
A refusal to provide the data or withholding consent to the data being processed for the purposes of marketing and/or customer profiling as referred to in points (i) and (ii) of the paragraphs headed 'Signing up for our newsletter and consent to marketing and/or customer profiling where provided; purchase of products in the Tod’s Group stores and completion of coupons for marketing and/or customer profiling purposes where applicable' and 'Browsing the web Store; consent to marketing and/or customer profiling where provided' will simply mean that it is impossible to process the data for the purposes set out in those paragraphs.
It follows that where consent to your data being processed for the purposes of 'Marketing and/or customer profiling' is withheld, you will still be able to purchase Tod’s Group products.
Parties or categories of parties that the data can be provided to and the extent to which the data is disseminated
Your data will not be disseminated.
Data provided when signing up to our newsletter or at Tod’s Group stores
The data provided by you, with your consent, for the purposes set out at points (i) and (ii) of the paragraph headed 'Signing up for our newsletter and consent to marketing and/or customer profiling where provided; purchase of products in the Tod’s Group stores and completion of coupons for marketing and/or customer profiling purposes where applicable' will be accessible to Tod’s S.p.A.'s employees and contract staff (including service providers such as couriers, freight forwarders and data entry firms etc.) authorised to carry out the processing, to companies in the Tod’s Group as external data processors, and to the operators of Tod’s stores authorised to carry out the processing, based in Italy or abroad (including outside the EU); such access will be solely and exclusively for the purposes referred to hereunder and in order to ensure that the said data is accurate at all times and is updated whenever you deal with the Tod’s Group in the future.
Duration of the processing
Save where storage for a longer period is required in order to comply with the applicable regulations, including accounting regulations, the Company will store your data by for the amount of time strictly necessary in order to ensure that the services purchases are properly provided.
The data processed by Tod’s S.p.A. for customer profiling and/or marketing purposes (on condition, of course, that your express consent has been obtained), will be stored for a maximum period of seven years. When that period expires, we can ask you to renew your consent to the processing of your data or make the data anonymous and store it solely for statistical or historical purposes.
You may revoke your consent to your data being processed at any time; all commercial correspondence will include a section that you can use in order to revoke the consent that you have provided.
Data sent to service providers will be processed by them for the amount of time strictly necessary in order to enable them to provide the services required.
The independent Data Controller in relation to any data provided when signing up for this site's newsletter and/or completing coupons at one of the Tod’s Group stores is Tod’s S.p.A., registered office at Via Filippo della Valle 1, S. Elpidio a Mare (FM), Italy. You can also contact the Data Controller by e-mail at email@example.com
Tod’s S.p.A. is also:
- Data Processor in relation to your personal data. You can exercise the rights set out below under 'Rights of the Data Subject' against the Data Processor, who is the manager pro-tem of the Customer Care Office; you can write to him/her at firstname.lastname@example.org.
General notice for suppliers
We would like to inform you that your data will be processed by Tod’s S.p.A. in compliance with the provisions of Legislative Decree No. 196/2003 as subsequently amended; this processing will therefore be carried out in accordance with the principles of propriety, legality and transparency and the principle that your privacy and your rights must be protected. Pursuant to Article 13 of the above Legislative Decree, we therefore provide you with the following information:
- The data provided by you will be processed for the following purposes:
- compliance with obligations pursuant to contracts between you and the Company;
- compliance with administrative and accounting requirements (handling/processing of orders, correspondence and invoicing, etc.). connected with the contracts referred to above;
- compliance with requirements imposed by the law, regulations and in general by the applicable legislation, including EU legislation, from time to time in force.
- The processing will be carried out on paper and using web and IT tools.
- Provision of the data is compulsory for the purposes set out above.
A refusal to provide the data requested or the provision of inaccurate data may result in the Company being unable to carry out the work that it is required to do, or to do so in part only, and/or prevent the relationship with the Company from continuing.
- The data will not be disseminated. It will be accessible to employees of the Company authorised to carry out the processing for the purposes set out at points (a), (b) and (c) above; it may be communicated to third parties, including our commercial partners and authorised service providers, solely for administrative and accounting purposes related to the aforementioned contracts with the Company and in order to better perform the obligations arising out of the same; in particular, your data may be communicated to other companies in the Tod’s S.p.A. Group.
It may also be communicated/made accessible to third parties instructed to carry out maintenance/development work on our IT system for the amount of time strictly necessary in order to provide that service.
- Save where storage for a longer period is required in order to comply with the applicable regulations, including accounting regulations, your data will be stored by the Company for the amount of time strictly necessary in order to ensure that the aforementioned obligations are properly complied with.
- The Data Controller is Tod’s S.p.A., registered office at Via Filippo Della Valle 1, Sant'Elpidio a Mare (FM), Italy.
- You can exercise the rights set out below against the Data Processor, who is the manager pro-tem of the Company's Administration and Finance Office. You can write to him/her at email@example.com.
- In compliance with Article 7 of Legislative Decree No. 196/03, which is set out in full under 'Rights of the Data Subject' below, you are entitled to be informed at any time of the data in the Company's possession and how that data is being used.
Rights of the Data Subject
You are entitled to be informed at any time of the data in the Company's possession and how that data is being used. You may exercise your rights against the Data Controller pursuant to Article 7 of Legislative Decree No. 196/2003 at any time.
For ease of reference, the full wording of Article 7 is set out below:
“Article 7. Right of access to personal data and other rights
1. A data subject is entitled to receive confirmation of the existence or otherwise of personal data that concerns him, including where that data has not yet been recorded, and to have that data communicated in an intelligible form.
2. A data subject is entitled to be informed of:
a) the source of the personal data;
b) the purposes and methods of processing;
c) the logic applied in the event that processing is carried out electronically;
d) details identifying the Data Controller, the Data Processors and the representative appointed pursuant to Article 5, paragraph 2;
e) the parties or categories of parties that the personal data can be communicated to or who may acquire knowledge of the said data as the appointed representative in Italy, as data processors or as persons authorised to carry out the processing.
3. The data subject is entitled:
a) to have the data updated, rectified or, where he/she so wishes, supplemented;
b) where data is processed in breach of the law, including data which, in light of the purposes for which it was collected or subsequently processed, does not necessarily need to be stored, to have that data deleted, made anonymous or blocked;
c) to a statement confirming that the steps referred to at (a) and (b), and the content of those steps, have been brought to the attention of parties to whom the data has been communicated or disseminated, save where this proves to be impossible or would require the use of resources that is manifestly disproportionate to the right being protected.
4. A data subject is entitled to object, in whole or in part:
a) on lawful grounds, to the processing of personal data that concerns him, including where the processing is relevant to the purposes for which it was collected;
For US residents only.
If you wish to pursue your claim in arbitration, you must send a letter requesting arbitration and describing your claim to our registered to [name of agent] in order begin arbitration. The American Arbitration Association (AAA) will arbitrate all disputes pursuant to the rules of the American Arbitration Association (AAA). For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
We each agree that any proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the above arbitration agreement will be void as to you.
An. Del. U.S.A., Inc. , - a wholly owned subsidiary of TOD'S - complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. An. Del. U.S.A., Inc. has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view An. Del. U.S.A., Inc.'s certification, please visit http://www.export.gov/safeharbor/