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PERSONAL DATA INFORMATION

Last update: 9 September 2018.

WHO IS THE DATA CONTROLLER FOR THE PROCESSING OF YOUR DATA?

(“THSMN”), Registered under David Movsisian with Corporate Tax ID number 717362. The contact details of THSMN are as follows:

– Postal address: Žemaitijos g. 9Vilnius 01134

– Telephone: +3706185425

– e-mail: info@thsmn.com

The interested party is informed that THSMN has appointed a Data Protection Officer to deal with any issue relating to the processing of your personal data. The interested party may contact the Data Protection Officer via the following contact details: info@THSMN.com

WHAT TYPE OF PERSONAL INFORMATION DOES THSMN COLLECT?

THSMN may collect the following personal information from users of the THSMN website and/or THSMN mobile application (“WEB/APP”) through the corresponding forms: name, e-mail address, postal address, telephone number, date of birth, gender and credit card (PAN+CVV2) in compliance with PCI DSS standards or bank account number (provided by the customer in the case of refunds) when the user visits the WEB/APP, registers, places an online order, contacts THSMN or participates in THSMN promotions or questionnaires.

In addition, THSMN collects all the information relating to their browsing on the WEB/APP and their interaction with the brand.
All the personal data THSMN originate from the interested party, with the exception of contact details that may be provided to us by friends and family:

– To send any gift voucher or other gift.

– To share the Wishlist saved in the WEB/APP.

FOR WHAT PURPOSE DO WE PROCESS YOUR PERSONAL DATA?

The personal data of the interested party shall be processed for the following purpose, as applicable:

– To manage and execute the registration on the WEB/APP. The registration involves the drafting of user browsing profiles on the WEB/APP. Said profiling consists of the use of the customer’s personal data and information on their browsing, such as the products viewed or added to the shopping basket, the sections of the WEB/APP visited, the location in order to evaluate their personal preferences and/or interests to offer them WEB/APP content, offers, services and products adapted to their profile.

– To manage and execute online purchasing. We use the personal information of the customer to process and deliver their order, and inform them by e-mail and/or SMS of the status of their order.

– To manage and send information on exclusive promotions, latest news and personalised information adapted to the profile, interests and needs of the interest party as a customer via e-mail, SMS or ordinary mail. The sending of this information will involve the drafting of user profiles, which consists of using the personal data, the history of their purchases, if applicable, and the browsing information on the WEB/APP to evaluate certain aspects related to their personal preferences, in order to offer them commercial notifications adapted to their profile.

– The content, products or services will be personalised to the customer in the communications, in accordance with their interests. To manage the notifications, consult the ‘Subscriptions’ section in My account.

– To respond to the exercise of data protection rights, queries and complaints.

– To manage the notification service for when a certain garment becomes available on the WEB/APP.

– To manage and issue accreditation of sale documents: e-receipt, sales or Tax Free invoice.

– To manage the WIFI service in THSMN stores.

HOW LONG DO WE KEEP THE DATA?

THSMN will keep the personal data only for a period that is reasonably necessary given the requirements to respond to issues that are raised or to resolve problems, make improvements, activate its services and fulfil the requirements of the applicable legislation. This means that it may keep the personal data for a reasonable time, including after the interested party has stopped using the services of THSMN or has stopped using the WEB/APP. After this period, the personal data will be blocked on all THSMN systems.

WHAT AUTHORISES US TO PROCESS THE DATA?

THSMN has the following lawful bases to process personal data:

Execution of the agreement
The legal basis for processing the personal data of the interested party which is collected is the execution of the sale and purchase agreement. In this regard, the interested party is obliged to provide that data necessary for its execution. If we are not provided with this data, the sale and purchase cannot be executed.

Legal obligations
The management and issue of the sales invoice is based on the legal obligation of THSMN in its relationship with its customers.

Consent
In relation to the following purposes, the legal basis for the processing of the personal data of the interested party will be the consent of the same, in cases where it has been given:

– Management of the registration on the WEB/APP.

– Management of the sending of information on exclusive promotions, latest news and personalised information adapted to the profile of the interested party.

– To respond to the exercise of data protection rights, queries and complaints on the part of the interested party.

– Management of the garment availability notification service on the WEB/APP.

– Management and issue of the following accreditation of sale documents: e-receipt and Tax Free.

– Management of the WIFI service in THSMN stores.

The withdrawal of consent of said processing on the part of the interested party shall not affect the execution of the sale and purchase agreement entered into by the same and THSMN .

Legitimate interest
In relation to the following purposes, the legal basis of the processing of the personal data of the interested party will be the legitimate interest of THSMN :

– The drafting of profiles via the browsing on the WEB/APP on the part of a user registered on the same, in addition to all other users that have provided us with their data for any other purpose.

– The drafting of profiles for the sending of information on exclusive promotions, latest news and personalised information adapted to the profile of the interested party.

– The sending of satisfaction questionnaires on the products purchased or services used by THSMN customers in order to know their opinion and improve them.

Our legitimate interest consists of being able to guarantee that our WEB/APP remains secure, and to help THSMN understand the requirements, expectations and degree of satisfaction of the users and, consequently, improve the services, products and brands. All these actions will be performed to improve the degree of satisfaction of the customer and guarantee a unique browsing and shopping experience.

TO WHICH ADDRESSEES CAN WE COMMUNICATE THE DATA?

The personal data of the interested party may be transferred/communicated to the following addressees:

– Public Administrations and Bodies whenever required by the tax, employment, Social Security or any other applicable legislation.

– Data processing companies, such as franchisees and suppliers that provide a service to THSMN (courier companies, communications companies, agencies, profiling companies, etc.).

International transfers of data may also occur in relation to the above transfers/communications for which THSMN shall use the Standard Contractual Clauses adapted by the European Commission and the EU-US Privacy Shield as a guarantee of transfers to European Commission non-compliant countries. In all cases, third parties sharing certain personal data will have previously accredited the adoption of suitable technical and organisational measures for the correct protection of the same.

THSMN does not under any circumstances sell customer data to third parties.

HOW DOES THSMN PROTECT PERSONAL DATA?

The WEB/APP uses data security technologies such as firewalls, access control procedures and cryptographic mechanisms to prevent any unauthorised access to data and guarantee data confidentiality. To achieve these aims, the user agrees that THSMN will obtain data for the purpose of the corresponding authentication of access controls.

In addition, any transaction performed via the WEB/APP will be executed via secure payment systems. The confidential data are transmitted directly and in an encrypted manner (SSL) to the corresponding entity.
THSMN declares that it has adopted all the technical and organisational measures necessary to guarantee the security and integrity of the personal data it processes, and to prevent the loss, alteration and/or access of the same by unauthorised third parties.

WHAT ARE YOUR RIGHTS IN RELATION TO PERSONAL DATA?

You have the following rights, which may be exercised via the e-mail address online@THSMN .com:

Right of access You have the right to obtain confirmation whether at THSMN we are processing personal data that concerns you, or not, in addition to how to access the personal data THSMN possesses about you.
Right of modification You have the right to ask THSMN to rectify the personal data whenever they are inaccurate, or to complete them whenever they are incomplete. If you are registered on our WEB/APP, it may be easier for you to correct them directly by modifying the profile.
Right to erasure/right to be forgotten You may ask us for your personal data to be erased whenever, among other reasons, the data are no longer necessary for the purposes they were collected for.
Right to restriction You have the right to request the restriction of the processing of your data, in which case we will only keep them for the exercise or defence of complaints.
Right to data portability You have right to receive the personal data in a structured, commonly-used and machine-readable, and to transmit them to another controller whenever the processing is based on consent or on a contract, and is carried out by automated means.
Right to object You may object to the processing of personal data based on the public or legitimate interest pursued by THSMN , including profiling. In this case, THSMN will cease to process the data, except for compelling legal grounds or the exercise or defence of possible legal claims.
Automated individual decisions You have the right not to be the object of a decision based solely on automated processing, including profiling, while produces a legal effect on you or significantly affects you in a similar manner. However, it will not be possible to exercise said right in cases where the decision is necessary for the formalisation or execution of a contract between you and THSMN ; it is authorised by the law applicable to THSMN provided it establishes the appropriate measures to safeguard its rights, freedoms and legitimate interests; or where it is based on your explicit consent.
Right to lodge a complaint You have the right to lodge a complain to the Spanish Data Protection Agency.

To make the application, we may ask you to accredit your identity.

 

 

 

 

USE OF OUR SITE/APPLICATION

Access and use of the Site/Application confers the status of a user upon visitors of the Site/Application and implies full acceptance without reservation of the terms of use applicable at any moment.

Users agree to use the Site/Application content in an appropriate manner, for non-commercial purposes only and undertake (i) to provide true and exact information on the data requested in the registration form or order placement, and keep it up-to-date while using the Site/Application; (ii) not to incur inactivities that are illicit, unlawful or contrary to good faith and public order; (iii) not to publish content or propaganda of a racist, xenophobic or discriminatory nature based on race, gender, ideology, religion or act in any way contrary to the morality, public order, fundamental rights, public liberties, honour, intimacy or image of third parties and the applicable legislation in general; (iv) not to damage the physical and logical systems of the Site/Application, of THSMN suppliers or third parties, or introduce or spread computer viruses into the network or any other physical or logical systems likely to result in the aforementioned damage; (v) not to use the content of the Site/Application and the information of the same for sending publicity, or sending messages for any other commercial purpose, or to collect and store the personal details of third parties; (vi) not to attempt to access and, wherever applicable, use the e-mail accounts of other users and modify or tamper with their messages; (vii) not to remove or change any content of the Site/Application or attempt to circumvent security or interfere with the proper working of the Site/Application or the servers on which it is hosted; (viii) not to create links to the Site/Application from any other website; (ix) not to alter the Application program code or parts thereof, decompile, disassemble or ascertain the source code in any other way or create derivations of the software.

THSMN reserves the right to make whatever modifications it considers appropriate to its Site/Application without prior notice, and may change, delete or add content and services it provides via the same, such as the manner in which the same are presented or located on its Site/Application.

By downloading the Application, THSMN grants you the non-exclusive right to use it on a device which is in your possession on which the software can be run in accordance with the system requirements.

 

 

 

INTELLECTUAL AND INDUSTRIAL PROPERTY

All intellectual and industrial property rights over the Site/Application and its content, including, by way of example, the images, sound, audio, video, designs, texts, graphics, logos, icons, colour combinations, structure, buttons, in addition to the software, commercial names, trademarks, works, illustrations, photographs and industrial drawings and any other symbols for industrial and commercial use are the property of THSMN or of third party owners of the same who have duly authorised their inclusion on the Site/Application.

The reproduction, distribution and public communication, including making part or all of the content of the Site/Application available for commercial purposes, in any medium and by any technical means, is strictly prohibited without the authorisation of THSMN .

Users agree to respect the intellectual and industrial property rights owned by THSMN . Users may use the Site/Application and their content for their own personal and private use and acknowledge that they do not acquire any ownership rights by downloading content from the Site/Application. Any other use is prohibited and shall require the user to obtain the prior, express and written consent of THSMN . Users shall refrain from deleting, altering, eluding or tampering with any protective device or security system installed on the Website.

 

 

 

 

RESPONSIBILITY DERIVED FROM USE OF THE WEBSITE

THSMN shall not, under any circumstances, be liable for any loss or damages of any nature they may occur, by way of example, as a result of: errors , omissions inaccuracy, incompleteness, incorrectness, unreliability, lack of integrity and quality of any content of the Site/Application, unavailability, modification, suspension or withdrawal of the Site/Application or any features or parts or content or the transmission of viruses or malware in the content, in spite of having adopted all the technological measures required to prevent this. It is users’ responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy their particular requirements as to the safety and reliability of content.

Users may be redirected from the Site/Application to the content of third-party websites. Given that THSMN  go cannot control the content introduced by third parties on to its website at all times, we cannot assume any liability in relation to said content. In all cases, THSMN declares that it shall withdraw any content that may contravene national and international legislation, morality or public order with immediate effect, through the immediate withdrawal of the redirection to said website, reporting said content to the competent authorities.

THSMN shall not be liable for stored information and content, including but not limited to, on forums, chats, blog generators, comments, social networks or any other medium that allows third parties to publish content independent from the Site/Application. However, THSMN shall make itself available to all users, authorities and security forces and actively collaborate in the withdrawal or blocking of any content that may affect or contravene national or international legislation, third party rights, morality or public order. In cases where users consider that content which may be classified as such exists on the Site/Application, they are asked to report this without delay to the  Site/Application Administrator.

The Site/Application has been checked and tested to ensure it works correctly. In principle, the correct operation of the same can be guaranteed 24 hours a day, 7 days a week, all year round. However, THSMN cannot rule out the possibility that certain programming errors exist, or that access to the Site/Application may be impeded owing to force majeure, natural disasters, industrial action or other circumstances.

The introduction of hyperlinks for commercial purposes on third-party websites that allow access to the Site/Application is forbidden without the prior written consent of THSMN . THSMN shall not be liable for the use or content of third-party websites which may be linked to Site/Application.

 

 

 

 

USE OF COOKIES

WHAT ARE COOKIES AND HOW DOES THSMN USE THEM?

THSMN , acting on its own behalf or via a third party contracted to provide statistical services, may use cookies when a user browses the Site/Application. Cookies are files sent to the browser from a server in order to register the activity of users while they are browsing.

The use of cookies allows the Site/Application server to recognise the web browser being used by the user in order to simplify the browsing experience, permitting, for example, access to users that have previously registered, access to areas, services, promotions and competitions reserved exclusively to them without the need to register on each visit. They are also used to measure the audience and traffic parameters, monitoring the progress and number of entries.

Guarantees on the use of cookies

The cookies used by the Site/Application are solely associated to anonymous users and their computers and do not provide personal details on users.

Some cookies are used by third parties (e.g. Google) to provide THSMN with data on the effectiveness of its promotions. Under no circumstances do cookies collect personal information that could be used to identify a specific user.

The cookies used on the Site/Application are, in all cases, of a temporary nature, used solely to improve the efficiency of the last transmission. None of the cookies used on the Site/Application have a duration in excess of two years.

Users may configure their browser to notify them of the reception of cookies and to prevent their installation on their computer.

By deleting or disabling THSMN cookies, the user may not be able to access certain functions of the Site/Application.

It is not necessary for users to allow the installation of cookies in order to use the Site/Application, although they are required to log into services that require prior registration or logging in.

WHAT TYPE OF COOKIES DOES THSMN USE?

THSMN uses four types of cookies:

Technical cookies

These allow the user to browse the Website and use functions such as the shopping basket or Wishlist.

Analytical cookies

THSMN uses Google Analytics cookies to calculate the number of users who visit the Site/Application. These cookies make it possible to measure and analyse the way in which users browse the Site/Application. This information allows THSMN to continually improve its services and the shopping experience of users of the Site/Application. For more information, consult the Google Analytics privacy page:  https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage

Preference cookies

Whenever users are browsing or shopping on the Site/Application, the site will remember their preferences (for example, their location or preferred language). Thanks to these cookies, we are able to offer users a simple, more convenient and personalised browsing experience.

Advertising cookies

These cookies are used to show advertisements that are relevant to users. They also limit the number of times each user sees an advertisement and helps THSMN measure the effectiveness of its advertising campaigns. When browsing on the Site/Application, users accept that THSMN will download these types of cookies onto their devices and will consult when the user visits the THSMN Site/Application in the future.

WHAT HAPPENS WITH LINKS TO OTHER WEBSITES?

The Site/Application may contain links to other websites with confidentiality policies that are different to those of THSMN . Consequently, THSMN shall not be liable for the content or practices of linked websites. THSMN advises users to check the confidentiality policy of any website they access via THSMN .com.

HOW DOES THSMN COLLECT AND USE IP ADDRESSES?

The Site/Application servers can automatically detect the IP address and domain name used by users.

An IP address is a number automatically assigned to a computer when it connects to the Internet. This information allows the subsequently processing of data in order to obtain statistics that make it possible to know the number of visits to the Site/Application, the order of the visits, the point of access, etc.

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