Personal Information and Aggregate Information of users of the Site may be processed, shared with and/or used by, in accordance herewith, Elisabetta Franchi and Our respective affiliates, subsidiaries, parents, agents, representatives and/or employees (collectively referred to herein as “Our Affiliates”), including Our Affiliates located in the European Union (“EU”). In light of the foregoing, any processing of data will be conducted in compliance with US law as well as the laws of the EU and other applicable countries.
WHAT KIND OF INFORMATION DO WE OBTAIN AND MANAGE?
The information that We may collect from You (and/or manage) when You use the Site includes, but is not limited to:
- "Personal Information" that (i) You provide to Us and (ii) personally identifies You, such as name, email address, mailing address, phone number, billing, credit card and banking information; and
- "Aggregate Information" such as the types of products purchased, the Site pages you access most frequently or search terms you enter.
We use customer information in an effort to improve Your shopping experience and to communicate with You about the Elisabetta Franchi products, services, promotions and contests. We may also use this information to make offers to You, to help Us target specific products and services to You, and to help Us develop and improve the Site by tailoring it to Your interests.
HOW DO WE OBTAIN THE PERSONAL INFORMATION?
We may obtain, collect, retain, store or otherwise maintain Your Personal Information from the following sources:
- Information that You provide to Us when You (i) initiate contact with Us through this Site and/or through Our Customer Service line, (ii) voluntarily register with the Site, (iii) subscribe to Our electronic newsletter, (iv) respond to a survey published by Us or purchase goods from Us;
- Your payment for Elisabetta Franchi Products;
- Your entries for sweepstakes and other promotions provided or sponsored by Us or Elisabetta Franchi;
- Your responses to communications from Us. From time to time, We may communicate with You through email, postal mail or other forms of electronic communications regarding Your purchases of goods from Us and the Site. If You respond to these communications, Your responses may contain Personal Information; and
- Third parties to whom You have provided Your Personal Information and have consented to those third parties’ sale, rental or transfer of such Personal Information.
You can decline to provide Your Personal Information to Us by not engaging in the activities described above. If You decline to submit Personal Information, We may not be able to or may choose not to provide to You some or all of the features available on the Site.
The Aggregate Information that We also collect is non-personally identifiable server-log information relating to users of the Site. This information may include information such as, but not limited to (i) Your account activity, including storage usage, number of log-ins, data displayed or selected, including user interface elements, links, etc.; and (ii) Your web requests, Internet Protocol address, browser type, browser language, the date and time of Your requests, the pages accessed, date and time of access, one or more cookies that may uniquely identify Your browser and referrer Uniform Resource Locator (“URL”). None of this information enables Us to personally identify or contact You. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information. The Site collects Aggregate Information, as may be permitted by applicable law.
How We Collect Personal Information From Third Parties:
We may collect or purchase information from third parties regarding persons who provided such information to those third parties. Information provided by the third party may include, but is not limited to, individual names, email and postal addresses, telephone numbers, birth dates, genders, and any other information provided by the third party. When obtaining such information from third parties, We use commercially reasonable efforts to ensure that (i) the third party possesses the right to transfer the information to Us and (ii) We have received the right to communicate with the persons who provided the information.
HOW DO WE USE YOUR INFORMATION?
- Doing business with You, including processing Your orders and payments and communicating with You regarding Your purchases of Elisabetta Franchi products from Us;
- Communicating with You regarding sweepstakes and other contests and promotions offered or sponsored by Us or Elisabetta Franchi that you have entered;
- Sending You electronic newsletters and promotional emails if You have agreed to receive such emails during registration or by completing Our email sign up form (mobile marketing communications may be sent to You if You have submitted Your mobile telephone on this Site);
- Processing, formatting and displaying customized content on the Site for You to enhance Your shopping experience;
- Auditing, research and analysis in order to maintain, protect and improve the Site and the goods offered or provided by Us;
- Responding to communications initiated by You;
- Ensuring the technical functioning of the Site, including creating and maintaining back-ups or other archival copies of Personal Information and other related data; and/or
- Internal purposes, such as fraud and theft prevention, accident reporting, development and administration of the Site, data analytics, and compliance with Our legal obligations, policies and procedures.
We restrict access to Personal Information to those employees, contractors and agents of FiloBlu and/or Elisabetta Franchi (including their respective affiliates and subsidiaries) who need to access Personal Information for the purposes specified above. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations.
[HOW IS INFORMATION COLLECTED BY AUTOMATED MEANS?][
We use "cookies" and "web beacons" as automatic systems of data collection to receive certain information every time You interact with Us.
Most browsers will tell You how to stop accepting new cookies, how to be notified when You receive a new cookie and how to disable existing cookies. Without cookies, however, You may not be able to take full advantage of all of the features of the Site. For example, if You turn off cookies or refuse them, You will not be able to make purchases on the Site.
Certain pages on this Site contain "web beacons" (also known as Internet tags, pixel tags and clear GIFs). Web beacons are used for internal purposes, such as to obtain the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, and the type of browser used to view the page. We also retain service providers who use web beacons to assess the effectiveness of Our email communications and learn what pages Our visitors viewed.
HOW DO WE COLLECT INFORMATION FROM SOCIAL MEDIA?
WHAT INFORMATION DO WE SHARE WITH THIRD PARTIES?
We also may disclose information about You (i) if You have consented to the sale, rental or sharing of Your Personal Information,
(ii) if We are required to do so by law or legal process (such as a court order), (iii) in response to a request by law enforcement authorities, or (iv) when We believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.
In the event there is a change in Our corporate structure, including but not limited to a merger, consolidation, sale, liquidation, transfer of all or a portion of Our business or assets, We reserve the right to transfer or assign all Personal Information and other information We have collected on and through the Site. Following such a transfer, You may contact the entity to whom We transferred Your Personal Information with any inquiries concerning the processing of that information.
In order to offer you Klarna’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna’s own privacy notice.
HOW WE PROTECT YOUR PERSONAL INFORMATION?
We maintain commercially reasonable and appropriate administrative, technical and physical safeguards to protect the Personal Information that You provide on this Site against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use and other unlawful forms of processing. We use Secure Sockets Layer ("SSL") technology to protect the transmission over the Internet of Your credit card data. You can check the security of Your connection by looking at the URL line of Your browser. When accessing a secure site, the first characters of the site address change from "http" to "https." If You are using a web browser or firewall that does not permit communications through secure sites, You will not be able to make purchases on the Site. If You cannot access the secure server for any reason, please print Our shopping page and place Your order by phone at calling Customer Service at +1 8002501921.
No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under Our control to intercept or access transmissions or private communications unlawfully. While We strive to protect Your Personal Information, neither We nor any of Our service providers can ensure or warrant the security of any information You transmit to Us over the Internet. Any such transmission is done at Your own risk.
HOW DO WE TREAT LINKS TO OTHER SITES?
HOW DO YOU OPT OUT OR UPDATE INFORMATION STORED WITH US?
We make good faith efforts to provide You with access to Your Personal Information. Where applicable, We ask individual users to identify themselves and the information requested to be accessed, corrected or removed, in writing, before processing such requests. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical efforts, jeopardize the privacy of others, or would be extremely impractical, or for which access is not otherwise required. In any case, where We provide information access and correction, We provide this service free of charge, unless doing so would require a disproportionate effort.
You can choose not to receive marketing communications from Us by clicking on the unsubscribe link in Our marketing emails, or contacting Us as follows: Please include Your name, address, email address and request in an email to Customer Care at email@example.com. In addition, You may use the same contact information if You would like to update any Personal Information that You have previously provided to Us.
WHAT RIGHTS DO CALIFORNIA CONSUMERS HAVE?
In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by telephone at (916) 445-1254 or (800) 952-5210; or by email to firstname.lastname@example.org. For more information about protecting Your privacy, You may wish to visit: www.ftc.gov.
If You are a resident of California, You may make a written request to email@example.com,or firstname.lastname@example.org to ask Us (i) to refrain from sharing Your Personal Information with certain of Our affiliates and other third parties for marketing purposes; and/or (ii) how We have shared Your Personal information with select third parties for their direct marketing purposes. In response to Your written request, We will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses.
Do Not Track Signals
The Site does not recognize Do Not Track signals. Some third parties may collect aggregate information about the users’ online activities over time and across websites while using the Site. While this information generally does not include personally identifiable information, certain processing activities that combine aggregate information with other information in possession of such third parties could result in the identification of users.
ARE CHILDREN/MINORS ALLOWED TO USE THE WEBSITE?
Consistent with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), We will never knowingly request personally identifiable information from anyone under the age of 13 without verifiable parental consent. If We become aware that a customer is under the age of 13 and has registered without prior verifiable parental consent, We will remove his or her personally identifiable registration information from Our files. If You are under the age of 18, You may use this Site only with the involvement of a parent or guardian.
WHERE IS THE INFORMATION COLLECTED STORED?
All Personal Information that is securely maintained in Our web servers within Italy is subject to Italian legislation (Reg. EU 679/2016), hereinafter called Personal Data Protection Code or “Code” for short, which expressly states the purposes and methods of processing personal data which are submitted to the Site. The Data Controller is Elisabetta Franchi and FiloBlu. According to the law, You can at any time obtain (i) proof about whether or not Your Personal Information is present in the system, (ii) information about Your Personal Information’s contents and origin, (iii) verification, integration or updating and rectification of Your Personal Information, (iv) removal or change to anonymous form of Your Personal Information.
HOW DO WE ADDRESS COMPLAINTS?
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.
NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS. CERTAIN STATES LAWS SIMILARLY DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By completing forms provided by Us and providing Personal Information through the Site, through any means, and by using the Site and services contained therein, You hereby represent and warrant that:
- You are an actual person of at least 18 years of age, You have the right to provide the information that You submit to Us, and the information You submit is accurate, complete and truthful; and
Effective Date: 23rd October 2018