Privacy Policy

Betty Blue S.p.A. (owner of the "Elisabetta Franchi" brand and hereinafter referred to as such) and The Level S.r.l. (hereinafter "The Level Group" or "TLG") care about protecting your personal data and respecting your privacy.

Here we explain which data we use, for what purposes and how you can exercise your choices.

Who this policy is for

This information concerns you if you shop on the website www.elisabettafranchi.com, if you have an account, if you receive our communications, or if you visit the website or interact with the official social media channels of the Elisabetta Franchi brand. This policy is provided pursuant to Articles 13 and 14 of Regulation (EU) 2016/679 on the protection of personal data, hereinafter the "Regulation".

Who we are

For registration on the website and the management of purchases, Betty Blue S.p.A., tax code and VAT number 01842471201, with registered office at Via Viadagola, 30 - 40057 - Quarto Inferiore di Granarolo Emilia (BO), and The Level S.r.l., with registered office at Piazza Arcole 4, 20143 Milano, VAT number 12627050961, REA MI-1945372, are joint controllers: together they determine the purposes and the essential means by which data are used for these activities. TLG enters into the sales contract with you and manages the platform, orders, payments and customer service; Elisabetta Franchi is responsible for product availability and shipping and assists in managing orders and returns. The companies have allocated their respective responsibilities by means of an arrangement pursuant to Article 26 of the Regulation and work together to provide you with information and to respond to your requests. You may exercise your rights in respect of and against each of them, irrespective of this allocation, and you may request further information from either privacy@elisabettafranchi.com or privacy@thelevelgroup.com.

For Elisabetta Franchi's promotional initiatives, the marketing communications and profiling described below, and the management of its social media channels, the data controller is Betty Blue S.p.A.: it determines the purposes and means of these activities and engages TLG as a data processor, which acts on its instructions. This also applies if you have subscribed to the newsletter without having an account on the website. Elisabetta Franchi has appointed a Data Protection Officer, whom you can contact at dpo@elisabettafranchi.com.

You can contact TLG's Data Protection Officer at dpo@thelevelgroup.com. Each company acts as an independent data controller for its own accounting and tax obligations and for the protection of its own rights. The role of the social media platform operators is explained in the section "Our social media pages".

Our responsibility

We use the data necessary for the purposes described in this policy, respecting your choices and the responsibilities set out above. If a service requires further information, we will provide it to you before collecting the data.

When and how we collect your personal data

We collect the data you provide to us when you create an account, make a purchase, request assistance or sign up to Elisabetta Franchi's communications. Some technical data are collected automatically while you browse. Cookies, i.e. small files stored on your device, and similar tools are used without consent only where strictly necessary for the technical operation of the website; in all other cases we will first ask for your consent through the cookie preferences panel. More information on cookies is available in the Cookie Policy, which can always be accessed via the link in the footer of every page of the Site.

This is how data are collected:

The types of data we collect

• Name and contact details – Provided by you: in forms and requests. Collected by the service: –

• Browsing – Provided by you: –. Collected by the service: technical data; other data according to your cookie choices.

• Telephone number – Provided by you: if required for the service or provided optionally. Collected by the service: –

• Use of the website – Provided by you: preferences and requests. Collected by the service: interactions, within the limits described.

• Purchases – Provided by you: order and contact details. Collected by the service: payment and delivery outcomes.

• Customer service – Provided by you: requests and messages. Collected by the service: necessary order data.

• Promotional communications – Provided by you: contact details and choices. Collected by the service: opens and clicks, with your consent.

a. Contact details, purchases and requests

Your first name and surname, shipping and billing addresses, email address and, where necessary for the service requested or provided optionally, your telephone number. We also use account data, the products purchased and the amounts paid, payment outcomes, information on deliveries, returns and refunds, your customer service requests and the preferences you share with us. Mandatory fields are identifiable in the forms; all other fields are optional.

b. Browsing data

Your IP address, i.e. the address used by your device to communicate over the network, the type of device and software used to browse, the dates and times of access, and the technical information necessary for the operation and security of the website.

c. Data relating to use of the website and to communications

The pages and products viewed, interactions with the website and, with the consent described below, email opens and clicks on the links they contain. The information collected through cookies and similar tools, their respective purposes and the choices available are described in the Cookie Policy, which can always be accessed via the link in the footer of every page of the Site.

d. What about more sensitive and special data?

We will not ask you for data concerning your health, religious or political beliefs, ethnic origin, sex life or any other data belonging to the special categories referred to in Article 9 of the Regulation, and we will never use such data for advertising or to analyse your preferences. We ask you not to include them in messages or comments.

Why do we collect your data?

Every use of data must have a specific purpose and a basis provided for by law, known as the "legal basis". Below you will find the purposes, the activities carried out and their respective legal bases.

i. Use of the website and management of services

We process your data to enable you to create and manage your account, to receive orders and to perform the sales contract entered into with TLG, including payments, delivery, returns, refunds and guarantees. The legal basis is the performance of the contract or of pre-contractual measures requested before entering into it, pursuant to Article 6(1)(b) of the Regulation. For accounting and tax compliance and other legal obligations, the legal basis is Article 6(1)(c); for establishing, exercising or defending the rights of the joint controllers, including in relation to complaints or disputes, it is legitimate interest, pursuant to point (f) of the same Article.

ii. Control and fraud prevention activities

We use order data, payment outcomes and relevant technical information to prevent fraud, unauthorised access and unlawful use of the website. The legal basis is our legitimate interest in protecting transactions and systems, taking your rights into account. If further checks are needed, we will tell you what information is required (such as the authorisation code, which is not shown in the confirmation email but can be requested from your bank) and through which secure channel to provide it; failure to provide the strictly necessary information or the additional information requested for verification purposes may prevent the order from being completed. We will never ask you to send us by email a full copy of your credit or debit card, its security code or the login credentials for your banking services.

iii. Customer support

We use your contact details, order data and the content of your requests to assist you through the available contact channels and to send you the necessary service communications. The legal basis is the performance of the contract or of the measures requested before purchase.

iv. Marketing

With your consent, Elisabetta Franchi uses the contact details you provide to send you news, offers, invitations and other commercial communications about its products, as well as, where applicable, optional customer satisfaction surveys. Elisabetta Franchi may select the communications sent using simple spending brackets based on purchases made over the last 24 months. This selection is used to choose which offers to send you and does not involve building an individual profile of your tastes or predicting your interests. Communications are sent by email and, if you select them through the relevant forms, through the other channels indicated, such as WhatsApp messages, telephone calls or postal mail. The legal basis is consent, pursuant to Article 6(1)(a) of the Regulation. You may refuse or withdraw your consent without any consequences for your purchases or for the services requested.

If you have already made a purchase on the website, Elisabetta Franchi may use the email address provided at the time of purchase to offer you other Elisabetta Franchi Products (sold by TLG) similar to those purchased, pursuant to Article 130(4) of the " Italian Privacy Code " (Legislative Decree 196/2003 as subsequently amended and supplemented). For this marketing purpose Elisabetta Franchi acts as an independent data controller.

v. Email opens and clicks

Email communications may contain small invisible images, known as "tracking pixels", and links that record interactions. These make it possible to detect whether and when a message is opened or a link is clicked and to associate these events with the recipient user, together with other technical data necessary for detection. Elisabetta Franchi uses these data to measure the effectiveness of its communications and to tailor their content. This detection, which may be affected by the settings of the email software used, may take place on the various devices on which you read the messages sent to the address you have provided to us.

Consent to the use of tracking pixels is requested at the time of sign-up, together with consent to our promotional communications, with an explicit indication of their use. Thereafter, you can always deactivate pixel tracking alone, while continuing to receive our emails, using the preference management link in the footer of every message. If you unsubscribe from our newsletter services, both the mailings and pixel tracking will stop. The legal basis is consent, pursuant to Article 122 of the Italian Privacy Code. Even after you have withdrawn your consent to the use of tracking pixels in connection with our newsletter service, institutional communications that are required by law or necessary for orders and for the security of your account may still contain pixels used for strictly technical purposes.

vi. Suggestions closer to your style

If you wish, Elisabetta Franchi may get to know your preferences better in order to offer you selections of its Products, suggestions and content closer to your style, on the website and in the communications you have chosen to receive. With your separate consent to profiling (pursuant to Article 6(1)(a) of the Regulation), we analyse and combine your purchase history, the preferences you share with us and your interactions with the Products and content on our website and in our emails, collected in accordance with your tracking choices, in order to identify Products and offers you might like.

For this purpose we do not in any way use information about your health or other sensitive or special aspects, nor data purchased from third parties or the reconstruction of your browsing on websites unrelated to Elisabetta Franchi. We use browsing data only with your consent to the relevant cookies or tools; interactions with emails may contribute to this purpose only if you have also consented to their use.

You may choose marketing without profiling, or profiling without receiving promotional emails, and likewise you may withdraw these consents separately via the dedicated preference management links or by writing to privacy@elisabettafranchi.com or privacy@thelevelgroup.com. We also produce sales statistics on the basis of our legitimate interest in organising product assortments and improving our services.

We do not take decisions based solely on automated processing that produce legal effects or similarly significant consequences for you.

Our social media pages and the social media campaigns we may run

Elisabetta Franchi uses its own pages on Instagram, Facebook, TikTok, X (Twitter), YouTube and Snapchat and its own WhatsApp channels to share content and manage messages, comments and requests. It may therefore process your profile name, the content of your interactions and the information you choose to make visible, to the extent necessary to reply to you and to manage the pages, including moderating unlawful, offensive or unwanted messages. The legal basis is the legitimate interest in communicating with the public and maintaining orderly and secure channels; for requests relating to a purchase or a service, the (pre-)contractual basis applies.

The platforms also provide us with aggregate statistics on visits, interactions and content performance, which we use to understand how the pages are performing. For operations that we help to determine, such as the production of certain statistics and standard campaigns (so-called retargeting), Elisabetta Franchi and the platform operator may be joint controllers. Other operations carried out independently by the platforms remain governed by their own privacy policies.

For retargeting activities, Elisabetta Franchi may use, with the consent collected through the cookie management mechanisms, data on visits to the website to show on social media the products viewed or similar products; or compare the email addresses or telephone numbers of those who have consented to profiling with those of the social media platform's users, in order to show advertisements to a selected audience ("tailored audience" or "custom audience"). In the latter case, contact details are protected by converting them into codes before the comparison. In addition, we may ask social media platforms to identify new recipients with characteristics similar to the target audience we have described, in order to introduce the Elisabetta Franchi brand to new potentially interested people. These latter activities (so-called prospecting) may result in the social media platform, as data controller, associating the descriptive information received from Elisabetta Franchi with the information it already holds.

For advertising tracking on the website, you can always choose and change your consent in the cookie panel. You may also exercise the rights described in this policy against Elisabetta Franchi in relation to social media activities. You can also manage your advertising preferences directly in the platforms' own settings. To learn about and be aware of the other processing activities carried out independently by social media platform operators, we suggest that you consult the relevant privacy policies of Instagram, Facebook, TikTok, X (Twitter), YouTube and Snapchat.

Minors

Purchases on the website are reserved for adults. We do not intentionally direct our promotional initiatives at minors. If you believe that a minor has provided us with data in an unauthorised manner, you can report it to us using the contact details given in this policy, so that we can investigate and take the necessary measures.

What we mean by legal basis

Consent

This is the authorisation to process your personal data for a specific purpose.

When we ask for your consent, you can give it freely through an active choice, for example by ticking a box that is not pre-ticked. You can change your mind whenever you wish.

You can withdraw your consent at any time by writing to privacy@elisabettafranchi.com or privacy@thelevelgroup.com or by using the links in our communications or within the reserved area for managing your account. You can manage your consents to marketing and profiling separately and also deactivate email tracking alone.

Withdrawal does not affect the lawfulness of processing carried out before it. After withdrawal, we stop processing for that purpose; we may retain data needed for different purposes, such as tax obligations or the protection of rights, but only where the relevant legal basis exists.

The contract

Processing your data is necessary to perform the contract or to carry out the activities you request before entering into it, such as responding to a query about a purchase.

Legal obligations

Certain data must be processed in order to comply with obligations laid down by law, for example to issue and retain tax documents or to respond to requests from the competent authorities.

Legitimate interest

We may process the data necessary for a legitimate interest of ours or of third parties only if, after balancing it against your interests, rights and freedoms, the latter do not override it. In this policy we expressly indicate, for each purpose, the interests pursued, the activities to which they relate and how you can object.

How we process your data

We process data mainly using IT tools and, where necessary, also on paper. Access is granted to authorised and trained personnel and to suppliers who need it for the tasks entrusted to them.

Your choices and your rights

Your choices

You can decide not to provide us with your data

If you do not provide the data necessary for a purchase or for another service requested, we cannot carry it out. Refusing cookies and other optional processing does not prevent normal browsing or purchases; only the technical data essential for the operation of the website remain necessary.

Signing up to promotional communications and personalised advertising is optional and is not a condition for creating an account, making a purchase or requesting assistance.

You can stop promotional communications via the unsubscribe link in every email, by writing to privacy@elisabettafranchi.com or privacy@thelevelgroup.com or by using the functions within the reserved area for managing your account. Unsubscribing from emails does not automatically also withdraw profiling on the website, which you can deactivate separately, and vice versa.

Your rights

You can exercise the rights provided for in Articles 15 to 22 of the Regulation by writing to privacy@elisabettafranchi.com or privacy@thelevelgroup.com. For processing carried out under joint controllership, you may contact either company; for other processing, your request will in any event be forwarded to the competent entity without undue delay.

You have the right to access information concerning you.

You can find out whether we process data concerning you, obtain a copy of it and learn about the purposes, the categories of data, the recipients, the retention periods, any sources and the safeguards for transfers abroad.

We will reply to you without undue delay and, as a rule, within one month. If the request is complex or there are numerous requests, the deadline may be extended by up to a further thirty days, and we will in any case inform you of this within the first month. Exercising your rights is free of charge, subject to the exceptions provided for by law. If we cannot grant your request, we will explain why and what remedies are available to you. We may ask you for further information to verify and confirm your identity.

You have the right to obtain the rectification or completion of your data if they are inaccurate or incomplete.

You have the right to request the erasure of your data.

You can request it, for example, when the data are no longer necessary, when you withdraw your consent and there is no other basis for retaining them, or when you withdraw one or more consents you have freely given. This is without prejudice to legal obligations and the other cases in which the Regulation allows the data to be retained.

You have the right to request restriction of processing.

In the cases provided for by the Regulation, for example while we verify the accuracy of data you contest or the grounds for an objection, you can request that the data be retained while restricting their other uses.

You have the right to data portability.

For the data you have provided to us, processed by automated means on the basis of consent or a contract, you can receive a copy in a structured, commonly used and machine-readable format. Where technically feasible, you can ask us to transmit them directly to another controller, while respecting the rights of others.

You have the right to object to the processing of your data.

For processing based on legitimate interest, you can object on grounds relating to your particular situation: we will stop the processing unless the conditions laid down in Article 21 of the Regulation for continuing it are met.

You may also lodge a complaint with the Garante per la protezione dei dati personali (Italian Data Protection Authority), www.garanteprivacy.it, or with the authority of the European Union Member State in which you reside, work or believe the infringement took place.

For decisions based solely on automated processing with legal or similarly significant effects, the Regulation provides specific safeguards, including, where applicable, human intervention and the possibility of contesting the decision. As stated above, we do not take decisions of this kind.

Your rights in respect of both joint controllers

The allocation of responsibilities between Elisabetta Franchi and TLG does not limit your rights: for activities carried out jointly, both cooperate in handling requests and ensure that they are answered.

What level of security do we adopt when processing your data?

We adopt technical and organisational measures appropriate to the risks in order to protect data against unauthorised access, loss, alteration, unavailability or disclosure. We verify the guarantees offered by suppliers and restrict access to those who need it.

We ask you to keep your account credentials safe and not to share them. If you suspect unauthorised access or a security issue, contact us immediately at privacy@thelevelgroup.com or privacy@elisabettafranchi.com.

Where are your data processed?

Data are processed by the companies and suppliers indicated in this policy. The use of IT services and communication platforms (such as, for example, cloud services on a SaaS basis and/or Direct Email Marketing platforms) may involve the transfer of your data, including by means of remote access, to countries outside the European Economic Area, which comprises the European Union, Iceland, Liechtenstein and Norway.

In such cases we rely on a decision of the European Commission recognising an adequate level of protection, within the limits of its scope, or on the standard contractual clauses approved by the Commission, together with any additional measures that may be necessary.

How long will we keep your data?

We retain data for as long as necessary for the purposes described, according to the following criteria and limits.

For technical data and information collected through cookies and similar tools, the retention periods are set out in the Cookie Policy. Any further retention concerns only the data necessary to investigate incidents or unlawful acts or to comply with legal obligations.

We retain account data for as long as the account remains active and, thereafter, for no more than 12 months from its closure. For customer service requests and anti-fraud checks, we retain data for no more than 12 months from the closure of the request or check, except as necessary for legal obligations or disputes.

For Elisabetta Franchi's promotional communications (marketing purposes), we retain contact details, individual data on email opens and clicks and the related preferences for no more than 4 years from sign-up or from your last purchase or your last positive Interaction recorded with our Elisabetta Franchi brand. By Interaction we mean a purchase made through a registered account or the opening (click) of a link contained in a commercial communication sent by us, which we can lawfully associate with a registered account.

Data processed for profiling purposes will be retained for a period of 4 years from sign-up or from your last purchase or your last positive Interaction recorded with our Elisabetta Franchi brand. Once the retention period has elapsed without any purchase or any Interaction, the data will be automatically deleted or permanently anonymised. We stop using and delete the data used for profiling if you withdraw your consent earlier. For cookie retention periods, please refer to the more detailed description in the Cookie Policy.

Accounting records are retained for 10 years from the date of the relevant entry, subject to any further legal obligations. Data necessary to establish, exercise or defend the rights of the data controller or of data subjects are retained, with restricted access, for the period justified by the specific need and by any pending proceedings, taking into account the applicable limitation periods.

Third parties who may process your data

Data may be disclosed, to the extent necessary, to providers of platforms and IT services, customer service, shipping, payments and communication activities. Providers acting on the instructions of and on behalf of the joint controllers are appointed as data processors pursuant to Article 28 of the Regulation and are bound by confidentiality and security obligations. Professional advisers, payment service operators and the competent authorities may instead process data as independent data controllers for the activities within their remit. For social media platforms, the roles described in the dedicated section apply.

Payment service operators receive the data necessary to carry out the transaction and perform the checks within their remit in accordance with their respective privacy policies, which are available when you choose your payment method. Elisabetta Franchi and TLG receive the information necessary to manage the order, such as the outcome of the transaction, without this entailing access to the full card details.

Your data are not disseminated to the public (except for content you choose to publish, such as your comments on Elisabetta Franchi's official social media pages).

Thank you!

We have tried to make this policy clear and useful. If you have any questions or suggestions, you can write to us at privacy@thelevelgroup.com or privacy@elisabettafranchi.com.

This policy may be updated, and any significant changes will be brought to your attention by appropriate means, including via the website or by email.