PRIVACY NOTICE MODA ITALIA
(version May 2018)
Hi there, this is our privacy notice. When you visit our websites op App, or when you buy our products online, we will collect and process your personal data. In this notice we will explain what personal data we collect and what we do with it. We will also inform you on several other topics related to the way we process your personal data. This privacy notice is structured in the same way you interact with us. It applies to both consumers and small businesses (jointly referred to as ‘Customers’) that buy our clothing and other items. In case you are a small business, some of the content of this privacy notice may not apply to you. Please also note that this privacy notice may change. The version that you find on our website will be updated on a regular basis.
1. WHO IS THE CONTROLLER?
Moda Italia HQ at the Netherlands is responsible for this privacy notice. Moda Italia is referred to as “we” or “us” in this document. You can contact us at the address listed at the bottom of this privacy notice.
2. WHAT INFORMATION DO WE COLLECT?
When you make a purchase on one of our websites or via our app
When you purchase an item online via one of our websites or our app, we collect your name and – in case you are a small business - your company name, full postal and/or separate billing address, e-mail address, ordered and returned products, delivery information and invoice information. Furthermore, you may choose to provide us with your date of birth and telephone number. We do not collect information related to the payment instrument that you use, e.g. credit card information. This information is processed solely by our payment service provider and by the providers of the payment instruments subject to strict information security assurances.
During the purchasing process, you have the option to set up a account. If you choose to do so, we will ask you to consent to receiving newsletters and other (electronic) communications via e-mail.
When you visit one of our websites or use our app
When you opt-in to receive our newsletter or promotional communications or click on a link in an e-mail
We will collect your e-mail address and/or mobile number. In addition, we will retain a history of the e-mail that we sent to you and we will record what you do with these messages.
3. OUR DIGITAL MARKETING ACTIVITIES
Based on your on- and offline purchase history and your behaviour on website, app and chatbot(s), we will set-up and maintain your personal digital marketing profile. We can also try and infer data regarding you as a person by matching your data profile with customers that have a similar profile.
We use your digital marketing profile and customer look-alike profile to target a similar audience of consumers to make sure that we only show you advertisements that will most likely suit your personal taste. This is called targeted advertising. The more successful we are in targeted advertising, the higher our (prospective) customer satisfaction.
In order to support our targeted advertising we make use of a Data Management Platform, DMP. A DMP is a third party platform that processes data that is derived from your online behaviour on our website, apps and the way you react to advertisement to come to insights that can help us create relevant targeted advertising. The platform links data that is derived from your online behaviour on our website through an online identifier especially created for the purpose of supporting us for this purpose and to be as relevant as possible. The identifier enables us to individualise your behaviour.
Although the DMP profile exists in parallel to your personal digital marketing profile, we do export information from the DMP to your personal digital marketing profile and vice versa. We can furthermore complete and amplify your DMP profile with data from third party DMPs or by adding data from data vendors. For instance, data regarding the weather can be added to the DMP, helping us to show advertisements on items that are appropriate to your local weather. These second and third party data sources change regularly. If you would like to know what data sources we use in the DMP at any given point in time please send a request to the e-mail address indicated at the bottom of this privacy notice.
Targeted advertising achieved by using your data as explained, may result in us showing specific (targeted) advertisements on Facebook, Google properties, online properties of so-called affiliate parties and other online locations. We may also use retargeting to show you a targeted advertisement on a third-party website that is linked to an event on our website or app, for example your failure to complete a specific purchase. Our advertisements may also lead to the addition of your personal data to advertising profiles that third parties maintain about you. Facebook, Google and other online actors can independently register your use of our advertisements.
You can request us to remove your digital marketing profile by sending us an e-mail to the contact e-mail address that is displayed below. Please note that this is only possible if you have a personal account.
4. FOR WHICH PURPOSES DO WE PROCESS YOUR PERSONAL DATA?
Your personal data will be processed for the following purposes:
a) To fulfil your orders, this includes answering your queries on the phone, via post, via e-mail or online via chat;
b) To validate whether your personal data is not associated with fraudulent credit card usage or excessive credit card charge backs;
c) To provide effective targeted advertising to you. Effective targeted advertising is advertising optimized to your (inferred) personal preferences. Targeted advertising includes both online advertisements and advertisements in direct marketing communications;
d) If you have opted-in and thus agreed to receive these; send direct marketing messages to you and monitor your interaction with these messages;
e) To further improve the functionality and the responsiveness of our chatbot(s);
f) To perform social listening. Social listening is performed to enable us to have a general view of the opinion of people about us and our brands and to get an idea of relevant online influencers;
g) To administer the membership of our loyalty program;
h) To compose future item collections that meet your requirements and those of other customers;
i) To fulfil our legal obligations, for example our financial bookkeeping obligations;
j) To improve your user experience i.e. provide clear information, guidance to complete purchase etc.;
k) To service personalized content (e.g. product, size recommendations) across Tommy Hilfiger platforms
l) To provide high level of service, so when you contact us we can support you with reference to your interactions with the brand;
m) To enable the technical and functional management of our websites and our app (including maintaining information security), for example by identifying parts of the websites that have a low latency;
n) All of the above also applies to small businesses.
5. WHAT PROCESSING GROUNDS DO WE UTILIZE?
The way we process data is based on four processing grounds: (i) the performance of the purchase agreement between you and us for one or more items, (ii) to perform one or more of our legal obligations, (iii) your consent and (iv) our legitimate interest. These processing grounds may be combined whenever appropriate. When we request your consent, you may withdraw it at any time. The legitimate interests that we pursue is our interest to sell more items to you and make sure that these items are to your liking. For instance, when we validate whether your personal data is not associated with fraudulent credit card use or excessive credit card charge backs, this is because we want to avoid delivering an item to you without receiving the purchase price in return. Also social listening is performed to enable us to have a general view of the opinion of people about us and our brands and to get an idea of relevant online influencers.
If you fail to provide the obligatory data we request from you in the context of a purchase, the consequence of such failure is that the purchase cannot be completed.
6. WHO HAS ACCESS TO YOUR PERSONAL DATA?
Your personal data can be accessed by our employees to the extent that this access is required to enable them to perform their work for us. In addition, your personal data can be accessed by our external service providers. All third parties that we work with, that have access to your personal date, are subject to data processing agreement(s) that guarantee(s) that this data is exclusively processed for the purposes listed above.
If specifically required, by applicable law we may provide your personal data to regulatory authorities, police, justice department, fiscal authorities and other authorities assigned with investigative powers pursuant to applicable law.
7. HOW LONG DO WE RETAIN YOUR PERSONAL DATA?
We retain your personal data for the period that you actively interact with us. You are no longer considered to be actively interacting with us if, for a consecutive period of two (2) years, you have not purchased an item from us or have not visited one of our website(s) or used our app. After this two (2) year period we will only retain specific data that needs to be retained pursuant to a legal obligation of ours, e.g. records such as an invoice or a payment record.
In case you’ve opted-in to receive direct marketing communications from us, the data that we need to send you these communications will continued to be used (processed) by us until you opt-out from receiving them.
If you have an account, you can always request that we delete the account and its contents. You can do so by sending an e-mail to the e-mail address listed below.
8. YOUR RIGHTS
You have the right to access your personal data that we collect and process and may request from us that we rectify or erase personal data or restrict the processing of your personal data or object to the processing. In addition, you have the statutory right to file a complaint with a competent data protection authority.
You can exercise your rights towards us by sending an e-mail to the contact e-mail address listed below. We note that we will only oblige an exercise of rights by customers that have an account. For other non-registered customers, we are not able to verify your entitlement to the personal data to which your exercise of rights relates to.
If you wish to opt-out from receiving direct marketing communications you can click the opt-out link in the respective message or indicate your opt-out in your account settings. For your rights in relation to cookies, please check our cookie notice which can be found here.
9. OUR CONTACT DETAILS
Moda Italia (Headquater)
7602 RC Almelo