1. Personal Data We May Collect About You
We will collect various types of personal data about you for the purposes described in this Policy, including:
- Contact information (such as your name, birthday, nationality, email address, postal address, telephone number and any other personal data) that you provide by completing forms on the Website, including if you subscribe to our newsletter and register and create an account on the Website;
- Details of any transactions made by you;
- Personal data that may be contained in communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Website or its content;
- Information from surveys that we may, from time to time, conduct on the Website for research purposes, if you choose to respond to, or participate in, them;
- Credit/debit card information; and
- Personal information collected from third parties, such as data that you agree to share with us on publicly accessible social networks (e.g., Facebook, Instagram, etc.) and/or that we may collect from other publicly accessible databases.
You are under no obligation to provide any such information. Providing your personal data to us and YNAP (in particular, your personal details, your email, 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 to provide us and YNAP with any personal data necessary for performing the above purposes may consequently prevent us or YNAP from processing your order for the purchase of products sold on the Website or fulfilling obligations required by law and other regulations. Therefore, failure 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 and YNAP 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 and YNAP is required or optional by marking with an appropriate symbol (*) the information that is required or data needed for the purchase of products and/or for the provision of requested services on the Website.
2. Minimum Age
Protecting the safety and privacy of children is very important to us. We will not knowingly collect or use personal data from anyone under the age of sixteen (16) years, or any other age limit set out by the law of his/her country of residence. By registering on the Website, you confirm that you have reached the age of majority in your country of residence.
3. Use Made of Your Personal Data
Whenever we process your personal data, we do so on the basis of a lawful “justification” (or legal basis) for processing. In the majority of cases, the processing of your personal data will be justified on one of the following bases:
- processing is necessary to perform a contract with you or take steps that you have requested in order to enter into a contract (e.g., sale contract);
- processing is necessary for us to comply with a legal obligation;
- processing is in our legitimate interests as a business, and our interests are not overridden by your interests, fundamental rights or freedoms. Our legitimate interests may include our interest in using customer and Website user personal data to conduct and develop our business activities (including by carrying out standard marketing activities) ,with current and potential customers and Website users; and in establishing, exercising or defending legal claims; or
- processing is based on your prior explicit consent, such as segmented and customized marketing activities.
|The purpose for which we process your personal data are the following:||The processing of your personal data is justified by the following legal basis:|
|1. Process your purchases and to provide you with the services and information offered through the Website and which you request||Performance of a contract|
|2. Verify and carry out financial transactions in relation to payments you make||Performance of a contract|
|3. Improve and customise our products, services and our business in general, such as by tracking your product preferences, shopping history and interactions with the Website||Our legitimate interest to improve our products and services|
|4. Carry out data analytics and market research||Our legitimate interest to get to know our customers better and improve our services accordingly|
|5. Carry out data enrichment, such as by analysing your product preferences, shopping history and interactions with the Website together with data collected from third parties, such as data that you agree to share with us on social networks (e.g., Facebook, Instagram, etc.) and/or that we may collect from publicly accessible databases||Your prior explicit consent|
|6. Correspond with you to resolve your queries or complaints||Your prior explicit consent|
|7. Send you marketing communications containing news, information and updates about our products and services, offers, promotions and special events, and other marketing communications that may be of interest to you (by SMS, email or telephone), and customize your experience with us to your interests and shopping habits and improving our services, notably via profiling.||Your prior explicit consent and our legitimate interest in keeping our customers/prospects updated about our services and products|
4. Disclosure of Your Personal Data
We may disclose your personal data to any of our affiliate companies, or to our service providers who assist us in providing the services we offer, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support services or in performing other tasks, from time to time.
In particular, we share your personal data with E_Lite S.p.A., an Italian joint stock company (società per azioni) with registered office at via E. Marelli 2, 20139 – Milan, Italy, and with ContactLab France, a French corporation (société à responsabilité limitée) with registered office at 5 rue du Helder, 75009 Paris, France, which provide us with marketing campaign management services as a data processor.
Your personal data will be accessible by authorized personnel of Topas and affiliated companies, and service providers acting on our behalf on a need-to-know basis. Transfer of your personal data from your country of residence to third countries (notably to countries where we operate) will be involved; some of these countries are subject to a data protection adequacy decision of the European Commission, whereas others are not. To ensure the protection of your personal data is consistent with applicable law, such transfers outside your country of residence or the EEA will be made pursuant to the EU Model Clauses, the EU-US Privacy Shield certification,
We may also share your personal data with third parties in connection with potential or actual sale or restructuring of our company or any of our assets, or those of any associated company, in which case personal data held by us about our users may be one of the transferred assets.
We will also respond to requests for personal data where required to do so by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator or any other legal process served on us.
We place great importance on the security of all personal data associated with our users. We store your personal data in hardcopy and electronically (in computer systems operated by either us or our external service providers). We have adopted security measures to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access. For the best possible protection of your personal data outside the limits of our or YNAP’s control, your device should be protected (such as by updated antivirus systems) and your internet service provider should take appropriate measures for the security of network data transmission (such as, for example, firewalls and anti-spam filtering).
While we take all reasonable steps to protect your personal data, we cannot guarantee that the personal data you disclose to us will be 100% secure, nor that any data breach will not occur.
6. Retention of Your Personal Data
Our general approach is to retain your personal data only for as long as required to fulfil the purposes for which it was collected. We generally retain your personal data for three years from the end of our relationship or from the last contact from you, unless local law requires otherwise. However, in some circumstances we may retain personal data for longer periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements.
In specific circumstances we may also retain your personal data for longer periods of time corresponding to the applicable statute of limitations so that we have an accurate record of your dealings with us in the event of any complaints or challenges.
7. Your Rights
You have the following rights with respect to your personal data:
- Right to withdraw consent – where applicable, you have the right to withdraw your consent at any time. For example, if you wish to opt-out of receiving electronic marketing communications, you can change your settings in your account on the Website, use the ‘unsubscribe’ link provided in our emails or text the STOP number in our SMS, or otherwise contact us directly and we will stop sending you communications.
- Right of access, rectification and erasure – you have the right to request access to and obtain a copy of any of your personal data that we may hold, to request correction of any inaccurate data relating to you and to request the deletion of your personal data under certain circumstances. You can see and update most of this data yourself online, or by contacting directly [email protected]
- Right of data portability – Under certain conditions, you have the right to receive all such personal data which you have provided to us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
- Right to restriction of processing – you have the right to restrict our processing of your personal data where:
– you contest the accuracy of the personal data until we have taken sufficient steps to correct or verify its accuracy;
– the processing is unlawful but you do not want us to erase the data;
– we no longer need your personal data for the purposes of the processing, but you require such data for the establishment, exercise or defence of legal claims; or
– you have objected to processing justified on legitimate interest grounds (see below) pending verification as to whether we have overriding compelling legitimate grounds to continue processing.
Where personal data is subject to restriction in this way, we will only process it with your consent or for the establishment, exercise or defence of legal claims, in accordance with local legislation.
- Right to object to processing justified on legitimate interest grounds – where we are relying upon legitimate interest to process personal data, then you have the right to object to that processing. If you object, we must stop that processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a justification for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
- Right to object to processing for marketing purposes – where we process personal data for direct marketing purposes, then you have the right to object to that processing at any time.
You also have the right to lodge a complaint with a supervisory authority if you consider that the processing of your personal data infringes applicable law. If you are in Australia, you may contact the Australian Information Commissioner (www.oaic.gov.au).
For further information regarding your rights, to exercise any of your rights, or if you have any complaints or questions regarding the processing of your personal data please contact [email protected]
Please note that we may request proof of identity, and we reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. We will endeavour to respond to your request as soon as possible and in any case within the applicable timeframes.
8. Changes to this Policy
We may occasionally change this Policy, for example, to comply with new requirements imposed by the applicable laws or technical requirements. We will post the updated Policy on the Website. We may also notify you in case of material changes and seek your consent to those changes, where required by applicable law. You are thus encouraged to periodically review this page.