This notice is meant for all the subjects who visit and interact with the Internet website of the TOD’S S.p.A. Company (hereinafter, the "Company").
The provisions contained herein apply solely to the Company website (www.tods.com) to the exclusion of other websites as may be reached by a user via links contained in the Company site. The Company shall not be liable in any way for any illegitimate use of your data by third parties. Accordingly, for the exercise of the rights set out below in the paragraph “Rights of the subjects concerned” you are referred to the specific information to be made available to you by third parties in their position as independent Personal Data Controllers .
This notice is also in keeping with Recommendation no. 2/2001 that the European authorities for the protection of personal data, working as a Group set up pursuant to art. 29 of directive no. 95/46/CE, adopted on 17 May 2001 in order to identify certain minimum requirements for the on-line collection of personal data and, in particular, the modalities, timing and nature of the information that personal data controllers must provide to users connecting with a web page, irrespective of the purposes of the connection.
Specific summary information shall be given or displayed from time to time in the website pages concerning specific services supplied on request.
The Company shall process your personal data in accordance with the provisions set out in Law Decree 196/2003 and subsequent amendments thereto (hereinafter, the “Privacy Code”).
In the course of their normal operation, the IT systems and the software procedures used to operate this website acquire personal data whose transmission is implicit in the use of Internet communication protocols.
Although personal information is not collected to be associated with identified subjects, nevertheless, on account of its very nature, through ad hoc processes and association with data held by third parties, personal information could lead to the identification of the users concerned.
This category of data includes the IP addresses and domain names of the computers used by the users to connect with the website, the addresses of the resources requested in URI (Uniform Resource Identifier) notation, the time of the request, the method used to submit the request to the server, the size of the file obtained in reply, the numerical code denoting the status of the reply by the server (completed successfully, error, etc.), and other parameters concerning the operating system and the IT environment of the users.
Such data are used for the sole purpose of collecting anonymous statistical information on the use of the website and to make sure that the site is working properly. Once processed, the data are deleted forthwith. The data might be used for the determination of accountability in the event of alleged IT crimes being committed against the website. Other than in this case, web contact data are not kept longer than fifteen days.
The website does not make use of cookies for the transmission of information of a personal nature, and the so-called permanent cookies are used solely for registered users, in encrypted mode, for the sole purpose of keeping their navigation sessions active.
The use of the so-called session cookies (which are not permanently saved in the user’s computer and disappear when the browser is closed) is strictly limited to the transmission of session identifiers (random numbers generated by the server) as needed to ensure an effective and secure exploration of the site.
The use of the so-called permanent cookies (lasting longer than the navigation session) are used solely to operate the user cart, if any. No tracing system is used for personal data and reserved information.
Users may configure their browser to reject cookies or to receive a warning every time a cookie is sent. To this end, users will find the instructions on how to disable the cookies in the tool bar of their browser, under the heading “Help”. However, this may affect the operation of some websites and our Company cannot ensure that its site will work properly when cookies are disabled.
The session cookies used avoid recourse to other IT techniques that may compromise the privacy of the users navigating the web, and do not permit the acquisition of a user’s personal ID data.
We wish to inform you that TOD’S S.p.A. shall process your personal data in keeping with the provisions set out in Law Decree 196/2003 and subsequent amendments thereto; therefore, your personal information shall be processed according to the principles of honesty, legitimacy and transparency, as well as the protection of your privacy rights and other rights. Accordingly, pursuant to art. 13 of said law decree, we submit to your attention the following information:
- The data you supply shall be processed for the following purposes:
(a) meet the obligations arising from the contractual relationship established between you and the Company;
(b) fulfil administrative and accounting tasks (order management/filling, correspondence, invoicing, etc.) associated with the aforementioned contractual relationship;
(c) comply with the applicable law provisions, regulations and, in general, with any applicable standards, including EU standards, on case by case basis.
- The data shall be processed by means of telematic, paper and IT tools.
- Communicating the data is mandatory for the fulfilment of the abovementioned tasks.
Failure to supply the data required or the submission of incorrect data may entail the inability on the part of our Company to execute the tasks entrusted to it either fully or partly and/or the impossibility of maintaining the relationship established with it.
- Your data shall not be disclosed. The data shall be accessible to the Company employees in charge of data processing for the purposes set out above at points (a), (b) and (c); the data may be communicated to third parties, including our commercial partners and authorised service providers solely for administrative and accounting purposes associated with the contractual relationships established with the Company and in order to meet the obligations arising therefrom; in particular, your data may be communicated to other TOD’S S.p.A. Group member companies operating in Italy and abroad. The data may also be communicated/made accessible to subjects entrusted with the tasks of maintaining/developing our IT system, for the time necessary for the execution of said task.
- Your data shall be kept by our Company for the time period necessary to ensure the proper fulfilment of the aforementioned contractual obligations, subject to the possibility of having to keep the data over a longer period of time pursuant to the applicable regulations in force, including accounting regulations.
- The data controller is TOD’S S.p.A., with registered office in Via Filippo Della Valle 1, Sant’Elpidio a Mare (FM), Italy.
- The person in charge of managing the data, towards whom you may exercise the rights as per point 8 below is the manager ad interim of the Administration and Finance office of the Company, who can be contacted at the following email address: info.privacy@todsgroup.com.
- You have the right to be informed at any time as to what information is in possession of our Company and how it is processed pursuant to art. 7 of Law Decree 196/03 whose text is given in full below, in paragraph “Rights of the subjects concerned”.
If the product purchasing service is available in your Country, the data you submit to buy a product on-line shall be processed by the Company and by E.TOD’S.Inc, a TOD’S Group member company, with registered office at 450 West 15th Street, Suite 501, New York, NY 10011, for the following purposes:
(a) to ensure the delivery of the products you purchased and the prompt fulfilment of all the contractual obligations arising from the relationship established with our Company;
(b) to comply with the administrative, accounting and tax requirements arising from the relationship established with our Company;
(c) in the event of an interruption in the product purchasing service occurring for any reason, to send you an e-mail to allow you to restart the purchasing procedure at the point where it was interrupted and to profit from the assistance of our staff to address any problems to do with the purchasing process;
(d) to comply with the applicable law provisions and regulations and, in general, with any applicable standards, including EU standards, on case by case basis.
In some cases, to be able to purchase products on-line through the www.tods.com site, you may be asked to create a personalised account by registering through an ad hoc procedure. When you register, you shall be asked to submit only the data necessary for the purchase of the products. Such data may also be used for the purposes specified in the following section, but only if you have given your free and express consent in advance. In all cases, when you register, you shall be provided with specific information about the processing of your personal data.
Information relating to the credit card you use to purchase our products shall not be recorded and/or retained by E.TOD’S.Inc or by any other Group member company.
Pursuant to Recommendation no. 2/2001, we hereby inform you that you have the right to access your personalised account at any time to modify, correct and/or delete the personal data submitted during the purchasing process. You can exercise this right by using the procedure provided on our site for accessing your personalised account.
The data you submit when you purchase our products (whether on-line or at one of the Group’s stores) shall be processed – only with your free and express consent given in advance – by the parent company, TOD’S S.p.A., with registered office in Italy, Via Filippo della Valle 1, S. Elpidio a Mare (FM), for the following purposes:
(a) offering promotions, discounts, special payment terms and other services, as well as providing commercial or promotional information or free products, information about participation in exhibitions or events, conducting market surveys, notifying special initiatives reserved for TOD’S customers;
(b) analysing your consumption choices (i.e., “profiling”) by determining the types and frequency of the purchases made at TOD’S Group stores, so as to be able to assist you more efficiently on the occasion of future purchases at one of the Group’s stores, or for the purposes stated in the preceding paragraph;
(c) processing the information for statistical and historical purposes.
Your data shall be processed with IT, paper and telecommunications tools. Processing modalities shall be governed by the principles of honesty, legality, transparency and protection of your rights and privacy.
The data shall be processed in such a way as to reduce to a minimum the risks of destruction, loss, unauthorised access to or illicit use of the data, or the use thereof for purposes other than those for which it was collected.
Submitting the required data, consequences of not consenting to the processing of your data
Failure to submit the required data or failure to consent to the processing of the data for the purposes set forth in paragraphs (a), (b) and (c) of the section “Purchase of products” may result in E.TOD’S.Inc.’s inability to fulfil its obligations either fully or partly, and/or the inability to continue the contractual relationship established with E.TOD’S.Inc.
Refusal to submit the data or failure to consent to the processing of the data for the purposes set forth in paragraphs (a), (b) and (c) of the section “Marketing and/or profiling” shall simply result in TOD’S S.p.A.’s inability to process the data for the purposes set forth in said paragraphs. It remains understood that your ability to purchase TOD’S Group products shall not be affected by your not consenting to the processing of your data for “Marketing and/or profiling” purposes.
Subjects or categories of subjects to whom the data may be communicated and scope of dissemination of the data
Your information shall not be disclosed.
Data that you submit to purchase one of our products shall be accessible to employees and collaborators of E.TOD’S.Inc who are in charge of processing the data for the purposes set forth above in points (a), (b) and (c) of the section “Purchase of products”. Such data may be communicated solely and exclusively for said purposes, in Italy and abroad, to business partners and all vendors of services and products with whom E.TOD’S Inc. collaborates for the sole purpose of fulfilling its contractual obligations. Such data may also be communicated to TOD’S Group member companies, but only to the extent necessary to purchase products you request and for administrative and accounting purposes;
With your prior consent, for the purposes set forth in letters (a), (b) and (c) of the section “Marketing and/or profiling”, your information shall be communicated (solely to fulfil said purposes and to ensure that your information is always correct and updated whenever you come into contact with our 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.
Persons in charge of the maintenance and development of our IT system shall also be able to access the data, but only for the period of time strictly necessary to perform such service.
Your data shall be kept by E.TOD’S.Inc only for the time period strictly necessary to ensure proper performance of the services purchased, unless it proves necessary to keep the data for a longer period of time to comply with applicable regulations, including accounting regulations.
It remains understood that your data shall be retained and processed by TOD’S S.p.A. for profiling purposes only for the maximum period of time permitted by the applicable regulations. At the end of said period, our Company may ask you to renew your consent to the processing of your data or to consent to their being converted to anonymous form and used solely for statistical or historical purposes.
In any event, you may revoke your consent to the processing of your data for marketing purposes at any time: every business communication to you shall include a section which allows you to revoke your consent through a simple procedure.
The Data Controllers for purposes relating to the purchase of products online on the www.tods.com site are: the Parent Company, TOD’S S.p.A., with registered office in Sant’Elpidio a Mare (FM), Via Filippo Della Valle 1, and the E.TOD’S.Inc Company, a TOD’S Group member company with registered office at 450 West 15th Street, Suite 501, New York, NY 10011, which may be contacted by writing to the following email address: info.privacy@todsgroup.com.
For the processing of data for the purposes set forth in the section “Marketing and/or profiling”, the Data Controller is the Holding Company, TOD’S S.p.A., with registered office in Italy, Via Filippo della Valle n. 1, Sant’Elpidio a Mare (FM).
The Data Processing Supervisor whom you should contact to exercise the rights set forth below, in the paragraph on the “Rights of the subjects concerned”, is the pro-tempore supervisor of the Customer Care Department who can be reached by writing to the following email address: customercare@todsgroup.com.
Rights of the subjects concerned
You have the right to be informed at any time as to what information is in possession of our Company and how it is processed. You have the right to exercise your rights towards the Data Controller at any time, pursuant to art. 7 of Law Decree no. 196/2003.
For our convenience, we reproduce below the text of art. 7 in its entirety:
“Art. 7. Right of access to personal data and other rights
1. The subjects concerned have the right to obtain confirmation of the existence of their personal data, whether or not the data have already been registered, and the communication thereof in intelligible form.
2. The subjects concerned have the right to be informed of:
a) the origin of their data;
b) the purposes and modalities of the data processing;
c) the criteria applied if the information is processed by means of electronic equipment and tools;
d) the identification data of the data controller, the people in charge and the representative appointed pursuant to article 5, clause 2;
e) the subjects and the categories of subjects to whom the personal data may be communicated, or who may come in possession of the data in their position as appointed representatives within the national territory, or in their position as controllers or supervisors.
3. The subjects concerned have the right to obtain:
a) that their data be updated, corrected, or, if desired, supplemented;
b) that their data be deleted, converted into anonymous form, or blocked if processed in violation of the law, including the data that need not be retained in connection with the purposes for which the information has been collected or was subsequently processed;
c) a statement attesting that the operations as per letters a) and b) have been communicated, also in terms of the content thereof, to the persons and organisations to whom the data have been disclosed or communicated, other than when meeting this requirement proves impossible or calls for the use of resources clearly out of proportion with the right to be protected.
4. The subjects concerned have the right to oppose, fully or partly:
a) on legitimate grounds, the processing of their personal data, even for the purposes for which the data is collected;
b) the processing of their personal data for the sending of advertising or direct sales materials or the execution of market surveys, or the dissemination of commercial information.”
If you claim that your personal information has been used in a manner that is improper and/or contrary to these Terms of Use or that we have otherwise violated your rights or privacy, you must first give us an opportunity to resolve your claim by sending a written description of your claim to Richard Spata, Chief Financial Officer, r.spata@todsgroup.com. We each agree to review and negotiate your claim in good faith. If we reject your claim or if we are unable to negotiate a resolution of your claim with you, then either you or we may start arbitration proceedings which shall be conducted in New York, New York or such other jurisdiction as may be agreed by the parties in the interest of fairness and convenience. You agree that if you choose to pursue any such claim, you will pursue such claim in an arbitration proceeding (rather than in any judicial forum or court). Any dispute arising out of or relating in any way to use of your personal information and/or violation of your rights of privacy will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in the city of New York, New York, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"). No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys fees without regard to which party is deemed the prevailing party in the arbitration proceeding. The arbitrator shall be authorized to award either party any remedy permitted by applicable law.
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/
