Everyone has the right to protection of their Personal Data. We respect users' right to be informed regarding the collection of and other operations involving their Personal Data. In using data that may directly or indirectly identify you personally, we will apply a principle of strict necessity. For this reason, we have designed the Website in such a way that the use of your Personal Data will be kept to a minimum and will not exceed the purposes for which your Personal Data was collected and/or processed; we do not process your Personal Data when we can provide you with services through the use of anonymous or traffic data (such as marketing research made for improving our services, browsing data processed to provide you with customized contents or offers adapted to your preferred language, your location, etc.) or by other means which allow us to identify you, apart from when it is strictly necessary or upon request by competent public authorities or the police (for example, in case of traffic data or your IP address).
For the purposes of the Data Protection Legislation (as defined below) companies of the PUIG Group that may need to have access to and process the Personal Data collected on the Website for one of the purposes listed below shall be considered as separated and independent controller of your Personal Data. In this context, the following companies (hereinafter, jointly referred as to the “Companies”) may be classified as controller of your Personal Data with respect to the following data processing activities:
· Marketing purposes (as defined below) (including general Online Customer and Information/Complaint Services regarding the Website): PUIG FRANCE S.A.S - a French company with registered office at 65-67 Avenue des Champs Elysées 75008, Paris (France), holder of Tax Identification Number (SIRET) nº 682030507 and intra-European number VAT: FR14 682030507, recorded with the Commercial Registry of Paris (hereinafter referred to as “PUIG FRANCE”);
· Online Sales (as defined below): Online Store – Europe (including customer service functions provided in conjunction with online sales):
o For fragrances products: ANTONIO PUIG S.A. – a Spanish company with its registered office at Plaça d ’Europa 46-48, 08902, Hospitalet de Llobregat (Barcelona (hereinafter referred to as “Fragrance NINA RICCI”).
To ensure the accuracy of your Personal Data in our files, please communicate any changes to our customer service department, the contact details of which are below. We reserve the right to suspend or interrupt the provision of any requested services should you provide inaccurate Personal Data. This is without prejudice to any other cause of action we may have.
Any and all Personal Data sent to the Company through the Website will be collected and/or processed by the Company pursuant to the EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation or GDPR), without prejudice however to any applicable local mandatory laws benefitting to consumers, in accordance with EU Regulation 593/2008 (“ROME I”) of 17 June 2018, or any other conflict of laws rules applicable as the case may be (together, “Data Protection Legislation”).
The purposes for which the Companies collect Personal Data are listed below. The responsible controller is specified for each particular purpose.
· Online Sales: Your Personal Data may be processed to provide you with e-commerce services, e.g. to fulfil placed orders for products, to contact you in case of any order issues or where we need to provide your Personal Data to our service providers to fulfil your order (“Commercial Purposes"). This data processing is based on the fulfilment of our contractual obligations with the client in relation to the order.
Your Personal Data may also be processed to enable us to send users information such as newsletters, commercial information and updates related to previously purchased products, offers, exclusive sales, promotional campaigns, events and similar initiatives organised by the Companies. You can opt out of receiving such communications at any time.
At times we may be the recipient of Personal Data of third parties when disclosed by a user of our website, for example when a customer purchases a product to be delivered to a friend as a gift, or a customer provides a friend’s email address to receive promotional email addresses.
The specific Company, which is acting as a seller, shall be considered as the controller of the Personal Data collected and processed on the Website for Commercial Purposes, as it will determine the purposes and means of processing such data, specifically:
o If you order fragrance products in the European territories where we deliver: Fragrance NINA RICCI is responsible as data controller.
Marketing Purposes (Website and individual Online-Shops): With your consent, Personal Data may also be processed for Marketing Purposes so we can market directly to you, by sending you information such as newsletters, commercial information and updates related to previously purchased products, offers, exclusive sales, promotional campaigns, events and similar initiatives organised by the Companies. You may opt out of receiving such communications at any time by contacting our Customer Service Department. Your Personal Data will not be disclosed to third parties outside of the PUIG group other than us for purposes which are not permitted by law or without your consent.
Personal Data in the form of web browsing data ("Traffic data") resulting from the use of the Website may also be collected to facilitate navigation of the Website and to enable us to provide you with customised content and offers related to our services. Such information may include the internet protocol (IP) address of the device you are using, the navigation program you use, your operating system, the date and time of access, the Internet address of the website whereby you accessed our websites and also information on how you use our websites.
You can always withdraw your consent regarding the data processing for Marketing Purposes by informing us using the contact information provided in below clause 9.
PUIG FRANCE shall be considered as the controller of your Personal Data collected and processed on the Website for Marketing Purposes, as it determines the purposes and means of processing Personal Data.
· Recipient: The Companies and certain entities appointed by the Companies that will also process Personal Data relating to the Website’s Users and the Online Sales (hereinafter the "Processors").
The above-mentioned Processors have been chosen because of their experience in processing Personal Data and they provide sufficient guarantees regarding compliance with Data Protection Legislation (including the technical security measures governing the processing to be carried out). In processing the Personal Data for Commercial Purposes, the Processors shall act only under the instructions from the Companies. We regularly check that our Processors comply with our instructions and that they continue to provide sufficient guarantees regarding their full compliance with Data Protection Legislation on Personal Data processing.
The Processors of your Personal Data for Commercial Purposes are:
· Customer service, for purposes related to the shipping, delivery and return of products purchased on the Website and customer service to users of the Website;
· Computer services, for purposes related to hosting Companies servers;
· Payment platforms, for purposes related to the payment method and its execution;
· Logistic services, for purposes related to shipping and delivery and return of the products purchased on the Website.
· Marketing services, for the analysis of use of our Website, sending communications, managing advertising content, etc.
Aside from the Processors appointed for Personal Data processing, your Personal Data will be made available also to third-parties, independent controllers, for purposes related to supplying services requested by Users (for example, for purchase transactions) or for purposes of third parties. For more information on the matter, see section 6 (To Whom Your Personal Data Will Be Disclosed).
Moreover, your Personal Data may be disclosed to the police or to judicial authorities, according to applicable laws and upon a formal request by such entities, for example in the event we need to prevent fraud on the Site (anti-fraud services).
The processing of your Personal Data is justified on different grounds (legal basis) depending on the use that Company makes of the Personal Data.
In some cases, Company asks for your consent in order to process your Personal Data.
However, in certain circumstances, Data Protection Legislation allows us to process your Personal Data without the need to obtain your consent.
You will find below the legal grounds and retention periods that Company applies to its main processing operations:
- Consent: you agree to the processing of your Personal Data by means of an express consent (check box, click ...). You can withdraw this consent at any time;
- The contract: the processing of Personal Data is necessary for the execution of the contract to which you have consented;
- The legitimate interest: Company has a commercial interest to treat your data. This interest is justified, balanced and does not affect your privacy. Except exception, you can at any time oppose to a processing based on the legitimate interest by informing Company.
- The law: the processing of your Personal Data is made compulsory by the applicable regulation.
o Purpose of the processing: Commercial purposes - Legal basis: Contract - Retention period: 5 years from the date of order
o Purpose of the processing: Marketing purposes - Legal basis: Consent - Retention period: 3 years from the last activity
o Purpose of the processing: Exercise of data rights - Legal basis: Law - Retention period: 5 years from the date of request
Granting your Personal Data to us (in particular, your personal details, your e-mail address, your address, your Credit/Debit Card numbers and bank code and your telephone number) is necessary for processing your order for the purchase of products on the Website, supplying other services provided on the Website upon your request, or when your Personal Data is needed to fulfil obligations required by law or regulations. The refusal regulations. Therefore, failing to provide Personal Data may constitute, in some cases, a legitimate and justified reason for not processing your order for the purchase of products sold on the Website or not providing the Website’s services.
Disclosure of further Personal Data to us other than that required for fulfilling legal or contractual obligations and to properly browse our services with necessary traffic data is, on the contrary, optional and does not have any effect on the use of the Website and of its services or on the purchase of products on the Website. We will inform you at every step whether disclosing your Personal Data to us is compulsory or optional by marking with an appropriate symbol (*) the information that is compulsory or data needed for the purchase of products on the Website.
Personal Data will be disclosed to third-party companies that provide, on behalf of the Company, specific services as data Processors or to other recipients of Personal Data collected by us that process your Personal Data only for the Commercial Purposes and, in any case, according to applicable laws and regulations.
Your Personal Data is also intended to the companies belonging to Puig’s Group, with registered offices in EU countries or non-EU countries, for their own Marketing Purposes.
Notwithstanding the foregoing, Personal Data will not be disclosed to any other third-parties or disseminated or transferred without informing our Users of such disclosure/dissemination/transfer, and, in any case, in accordance with the applicable laws.
For the best possible protection of your Personal Data outside the limits of our control and management of the same, it is advisable that your computer be provided with software devices that protect network data transmission/receipt (such as updated antivirus systems) and that your Internet service provider take appropriate measures for the security of network data transmission (such as, for example, firewalls and anti-spam filtering).
We will only hold your Personal Data for so long as is necessary for us to fulfill the purposes set out in this Privacy Notice. Where we no longer need to process your Personal Data for the purposes set out in this Privacy Notice, then we will delete your Personal Data from our system.
The Personal Data we collect from you is currently held within the European Union (‘EU’). However, it is possible that in the future such Personal Data may be transferred, stored and/or processed outside the EU.
By submitting your Personal Data, you agree to this transfer, storing and/or processing. You should be aware that countries outside the EU may not offer the same level of data protection as the EU. However, we will take reasonable steps to ensure that your Personal Data is given equivalent protection in accordance with the Data Protection Legislation, in particular by implementing adequate contractual conditions in our agreements with business partners dealing with transfer of Personal Data to ensure that Personal Data are processed according to our instructions, and in such a way to maintain their integrity and security.
We set out below a summary of the rights available to you in connection with your Personal Data.
For your convenience, and without prejudice to certain formal requirements set out in the Data Protection Legislation, you can exercise any of these rights by contacting us at email@example.com
· Right to withdraw your consent:
You may at any time withdraw the consent you give to the Company for processing your Personal Data. Please note, however, that where you do withdraw your consent or otherwise object to our processing of your Personal Data then this may impact on our ability to provide you with goods and services or affect the functionality of our Website.
In addition, if you want to stop receiving future marketing messages, communications and materials at any time, you can do so alternatively by clicking the 'unsubscribe' link which is included in all of our email marketing messages.
· Right to access your Personal Data in our possession:
You are entitled to obtain, at any time, confirmation from us as to whether or not we are processing your Personal Data and, where that is the case, access such Personal Data.
Moreover, you are entitled to receive from us all information listed on Article 15.1 of the GDPR, for example, information on the source of your Personal Data; the purposes and way of processing your Personal Data; the logic involved in any electronic data processing; details of the data controller and of the data processors; the names of the entities and categories of entities to whom your Personal Data may be disclosed or who may access your Personal Data, for example, as a data controller or a party so appointed.
· Right to have inaccurate Personal Data rectified:
You have the right to obtain from us without undue delay the rectification of inaccurate Personal Data that we hold and which concerns you. This includes the right to request that incomplete Personal Data is completed.
· Right to erasure:
You have the right to obtain from us the erasure without undue delay of Personal Data that we hold and which concerns you, in the circumstances as provided by Data Protection Legislation.
· Right to restriction of processing:
You have the right to restrict the way we process your Personal Data in the circumstances as provided by Data Protection Legislation.
· Right to data portability:
You have the right to receive from us the Personal Data concerning you which you have provided to us, in a structured, commonly used and machine readable format and have the right to transmit this data to another controller without hindrance from us. This right shall include the right to require us to transmit the relevant Personal Data to another controller on your behalf, where technically feasible. This right only applies to personal data that: (i) we gain your consent to process; or (ii) we obtain in order to perform our contractual obligations to you, and in each case to the extent we process your Personal Data by automated means.
· Right to lodge a complaint about us:
You are entitled to exercise your right to lodge a complaint with a competent supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes Data Protection Legislation.
Each time your consent is required, the Company will inform you in advance and will give you the option to either provide or refuse your consent for the use of your Personal Data, including your e-mail address, for the above purposes, by ticking the appropriate boxes.
We wish to inform you that we may process your Personal Data also without your consent in certain circumstances, such as when such processing is necessary for performing a legal obligation to which we are subject or when such processing is necessary for performing obligations undertaken in contracts with the users.
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