2. DATA CONTROLLERS AND THEIR RESPECTIVE DATA PROTECTION OFFICERS
Wolfden Swag USA Inc., Wolfden Swag USA’s parent company act as independent data controllers.
As an independent data controller, Wolfden Swag USA Inc. will process your personal data in order to manage online sales activity (e.g. managing orders and payments), as well as for “pick-up in store”, “return in store”, “click from store” and “click and reserve” services. Wolfden Swag USA Inc. can be contacted by writing to email@example.com.
As an independent data controller, we will process your personal data in order to carry out marketing activities (e.g. newsletters) as well as profiling.
3. SOURCES OF DATA AND THE PURPOSES OF DATA PROCESSING
3.1 Browsing data
During their normal operation, the computer systems used to operate the Website acquire some of your personal data, the transmission of which is implicit in the use of Internet communication protocols. This information is not collected for the purpose of identifying you, but may lead to your identification if, for example, it is combined with information held by a third party. This category of data includes the IP address and domain name of your computer, the URI (Uniform Resource Identifier) addresses of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained in reply, the numerical code indicating the status of the reply given by the server and other parameters relating to your operating system.
We use this data for the sole purpose of obtaining anonymous statistical information on the use of the Website and to check it is working properly. The data collected is deleted immediately after processing. The data could be used to ascertain responsibility in the event of cybercrime committed to the detriment of the Services.
Additional details about the collection and use of the above browsing data can be found under Section 3.5 on cookies below.
3.2 Registration information and further information provided by the user
Use of the Website does not require the creation of a personal account. However, in order to access certain pages reserved for registered users and, for example, to send us a request for information or feedback on the Services, you must create a personal account and become a registered user. When you create your account, you will be asked to enter the following registration information:
·first name and surname,
·date of birth,
In addition, personal data voluntarily provided by you when you place an order to purchase an item will be collected and processed, this consists of data collected by sending electronic mail, interacting with the functionality of the Website and requesting services offered by the Website. The personal data we collect and process includes your first name, surname, gender, nationality, email address, and shopping habits.
3.3 Purpose of the processing
Providing the above registration information is necessary in order to create an account and also to respond to and manage requests for information and/or user feedback; to provide the services requested through the Website, including registration and subsequent updates and to manage the activities organized through the Website; to carry out statistical analysis and surveys; to manage sales activities and to provide sales and after-sales services, such as administration, accounting, returns and guarantee management, fraud prevention, customer relationship management, including compliance with legal obligations, regulations and EU regulations (including anti-money laundering regulations) and to exercise rights in legal proceedings.
Any refusal by you to provide this information would still allow you to use the Website, but would prevent you from using some of our Services reserved for registered users.
In addition, your personal data must be processed in order to fulfil the contractual relationship arising from the purchase of Wolfden Swag products. The provision of such data is a contractual obligation. You are free to disclose your data to us or not, but in the absence of the requested data it will not be possible to conclude or execute the agreement and your requests. This means that you will not be able to purchase Wolfden Swag products and that it will not be possible to handle your requests.
3.4 Further purposes of the processing
With your consent, which is optional, Wolfden Swag will use your personal data for further purposes such as marketing, commercial or advertising communications, direct sales, market research, in-store sales support worldwide through email (newsletter), telephone, SMS, MMS, chat, instant messaging, social networking and traditional mail, including sending invitations to events. You may at any time indicate your preferred means of contact from among those listed above and you may refuse the receipt of promotional communication by any or all of these means of contact.
With your consent, which is optional, Wolfden Swag collects information about your preferences, habits and lifestyle as well as details of purchases made in order to use these to create group and individual profiles (“profiling”) and to send you personalized communications. Personalized communication may be sent by email (newsletter), phone, SMS, MMS, chat, instant messaging, social networking and traditional mail. You may at any time indicate your preferred means of contact from among those listed above and you may refuse the receipt of promotional communication by any or all of these means of contact.
Consent for the above marketing and profiling purposes is optional and refusal will not have any consequences. Data may be provided by you on registration at our points of sale by means of paper and/or electronic forms, acquired during visits to our stores belonging to the Wolfden Swag Group or through interaction with websites, internet applications and mobile applications belonging to the Wolfden Swag Group.
3.5 Information collected through cookies and other technologies
On the Website you may also find social buttons/widgets, in other words those distinctive “buttons” showing social network icons like Facebook, Instagram and Twitter. These buttons allow users who are browsing the Website to share and interact with social networks with a simple “click”.
We hereby inform you that our Services use:
·technical cookies necessary for the functioning of the Website, including the provision of the Services offered by the Website. This category of cookies includes analytics, session and functionality cookies, used by the owner to, for example, collect information, in aggregate form, about the number of users and how they use the Website or to save your browsing preferences, such as the language.
·analytics cookies are used to carry out statistical analyses of how users navigate the Website and are collected anonymously and exclusively for statistical purposes.
·our own and third party profiling cookies, designed to create user profiles and used to send and display advertising messages in line with the preferences expressed by users during their browsing.
The above cookies may be:
·temporary, when they are automatically deleted at the end of the connection;
·permanent, when they remain on the user’s hard drive, unless the user deletes them;
·first party, when they are issued and managed directly by the Website administrator;
·third party, when they are managed by a domain other than the one visited by the user.
While the use of technical cookies does not require the user’s consent, the use of profiling cookies always requires the user’s optional consent and the user can choose which profiling cookies to consent to.
Cookies can be managed and disabled using the browser settings (e.g. Internet Explorer, Google Chrome, Safari, Firefox).
4. METHODS OF DATA PROCESSING AND DATA STORAGE
Your personal data is stored in compliance with the following terms and criteria:
1.data collected to conclude and execute agreements for the purchase of products on the Website: until the administrative and accounting formalities have been completed. Billing information will be retained for ten years from the date of the original invoice;
3.data relating to payment: until such time as the payment has been confirmed and the administrative and accounting formalities relating thereto have been completed, after the expiry of the right of withdrawal and after the deadline for contesting the payment;
4.data collected in connection with the use of Services offered on the Website (e.g. “pick-up in store”, “return in store”, “click from store”, “click and reserve”): such data is stored until the service has been fully performed;
5.data related to user requests to our Client Service department: relevant data will be retained until your request is resolved;
6.If you have consented to your personal data being processed, the data relating to your purchases will be kept for marketing and profiling purposes for a period of 7 years, after which time the data will be automatically deleted or permanently and irreversibly anonymized.
In any case, for technical reasons, the termination of the processing and the subsequent cancellation or irreversible anonymization of the related personal data will be final within thirty days of the terms indicated above.
5. SCOPE OF DISCLOSURE
5.1 Internal and external communication of personal data
Personal data is accessible to our duly authorized personnel (e.g., Digital, CRM, Retail, IT personnel) as necessary and is disclosed to third parties in the following cases: (i) when disclosure is required by laws and regulations applicable to legitimate third party recipients, such as authorities and public bodies for their respective institutional purposes, e.g. anti-money laundering legislation, court authorities; (ii) disclosure to third parties in the event of extraordinary transactions (e.g. mergers, acquisitions, sale of business, etc.).
Personal data is also shared with our service providers, e.g. for services of a technical and organizational nature that are necessary for the purposes indicated above, such as independent partners, including associates, shipping companies, marketing, payment management, etc. We provide such parties only with the data necessary to perform the agreed services and they act as data processors, based on instructions received from Wolfden Swag or Wolfden Swag USA Inc. (depending on the relevant data controller).
Finally, for the purposes of profiling, marketing and customer relationship management (to provide you with the same level of service worldwide), other companies in the Wolfden Swag Group may access your personal data as data processors, based on instructions received from Wolfden Swag.
5.2 Data transfer abroad
6. RIGHTS OF THE DATA SUBJECT
Below is a general description of them and how to exercise them:
1.right of access to your personal data: you can obtain confirmation that your personal data is or is not being processed and, consequently, obtain access to your personal data and information about its processing, including (a) the categories of personal data we have collected about you, (b) the categories of sources from which the personal data has been collected, (c) the business or commercial purposes for collecting your personal data, (d) the categories of third parties with whom we share your personal data, and (e) the specific pieces of personal data we have collected about you. If you wish, you will be provided with a copy of your personal data;
2.right to withdraw your consent: you may at any time withdraw your consent to the processing of your personal data in connection with any activity for marketing purposes, including profiling. In this regard, please note that sending commercial and promotional communications, carrying out market research and surveys to measure satisfaction and tailoring commercial offers to your interests are considered marketing activities. On receipt of your request, the processing of your personal data based on such consent will cease, while different processing operations or processing based on other grounds will continue to be carried out in full compliance with applicable laws;
3.right to the deletion of your personal data when your personal data, subject to certain exceptions;
4.right to data portability: you may request to port your personal data, to the extent feasible, in a readily usable format that allows the consumer to transmit this information to another entity;
5.financial incentives. you may have the right to be notified of any financial incentives offered to you in exchange for any right we wish to have to collect, sell or delete your personal data;
6.information “sold”: you may also have the right to request from us the information from or about you that we have “sold” (as such term is defined under applicable law) to third parties within the past 12 months.
To exercise the rights described above, you can:
·call the toll-free number +1-303-471-6839 from Monday to Friday from 10 a.m. to 7 p.m., excluding public holidays;
·write to Client Service by selecting the “privacy” topic in the relevant form in the “Contact us” section of the Website; or
·contact Wolfden Swag USA Inc. and Wolfden Swag directly at the addresses indicated in Section 2 above.
Disclosures for Business Purposes. California residents also have the right to know the categories of personal data we have disclosed for “business purposes”, as such term is defined under the California Consumer Privacy Act. We may have disclosed certain categories of personal data for business purposes described under the sections above titled (i) Browsing data, (ii) Registration information and further information provided by the user, and (iii) Information collected through cookies and other technologies, including registered user data, data relating to payments, and data related to customer requests.
6.1 Do Not Sell My Information
In addition to the above, California residents also have the right to opt-out of the “sale” of their personal data, as such term is defined under the California Consumer Privacy Act. To opt-out of the “sale” of your personal data, please visit our “Do Not Sell My Personal Data” web page. California residents also have the right to know the categories of personal data we have sold. We may have shared your profiling and marketing information, and contact details to the Wolfden Swag Group and ad tech providers to send promotional materials, which could be considered a “sale” under California law.
To ensure that the data of users of the Website is not compromised or misused by third parties, prior to accepting your request to exercise any of the rights listed above, you may be asked to provide certain information to confirm your identity.
6.2 Do-not-track (“DNT”) signals sent via browsers
Given the divergent practices of organizations that offer browsers and the lack of a standard in the marketplace, we generally do not respond to DNT signals at this time.
We do not knowingly collect personal information online from children under the age of 13. If a child under the age of 13 has provided us with personal information, we ask that a parent or guardian contact us at the contact details provided under Section 2.
If you believe that your personal data has not been correctly processed, you may contact us using the contact information noted in Section 2 above.
Address: 1102 Pearl St, Boulder, CO 80302