Privacy e cookies policies

NOTICE ON PERSONAL DATA PROCESSING

Essemoda s.r.l., company with registered office in Via P. M. Vergara 132, Frattamaggiore (Napoli) Italy, informs that the data provided by each person, both when using this website and in the circumstances specified below, will be processed pursuant to the terms and conditions described below, which constitute “notice” pursuant to article 13 of Italian Leg. Decree 196 of 30 June 2003 (Code for the protection of personal details, hereinafter “Privacy Code”).

1. DATA CONTROLLER

The controller of the data that are the subject matter of this notice is Essemoda s.r.l. Via P. M. Vergara 132, Frattamaggiore (Napoli), company with registered office in, Italy, which can also be contacted by writing to the following e-mail address: privacyconsumer@claytonitalia.com

2. TYPES OF PROCESSED PERSONAL DATA, PURPOSES AND METHODS OF DATA PROCESSING; OBLIGATORY OR VOLUNTARY NATURE OF PROVIDING THEM; STORAGE TIME.

Essemoda s.r.l. collects personal data of various kinds from users of this site, from its customers, from those who wish to subscribe to our newsletter, and from the holders of the various types of cards that the company issues. These data are always processed in accordance with the rights to privacy of the concerned persons as well as with the guarantees and necessary measures prescribed by the Privacy Code and the various measures of the Antitrust Authority on the subject.

2.1. Personal data that must be provided

2.1.1. Providing certain personal data is required and therefore mandatory in order to give way to specific requests of the concerned parties: the parties are always free to not provide the requested personal data, but in this case it would be impossible for Essemoda s.r.l. to satisfy the request received, complete the online purchasing process or however meet the needs of those concerned.

2.1.2. It is necessary to provide personal data for:

- signing up for our newsletter (email address);

- registering on our site, with the opening of a personal account (name, surname, postal code, country, email address, password);

- purchasing products and services on our website (name; surname; shipping address with street, town, postal code, province, country; phone, email address, password, credit card details);

- providing of any personal Card (name, surname);

- properly awarding benefits reserved for holders of certain cards issued by Essemoda s.r.l. (data regarding purchases made and the global spending volumes progressively realised).

2.1.3. These data will be processed only for management and administrative purposes in order to meet the explicit requests of the interested parties, on both paper and electronic media, and will be stored at Essemoda s.r.l. only so long as the persons concerned retain their personal account on the site, their registration to the newsletter or are holders of our registered Cards, without prejudice to any other storage time required by law. After this storage time has elapsed, your personal data will be automatically deleted or made permanently anonymous.

2.2. Optional personal data

2.2.1. Essemoda s.r.l. also requests optional personal data whose consent to process is required. Users may choose whether or not to provide them. This can be done using this website (in the various forms: subscription to the newsletter, registering a new personal account), as well as when a product is purchased or a card is requested.

2.2.2. Providing (and consenting to the processing of) data requested for marketing purposes (commercial communications and sending advertising material other than newsletters, direct sales proposals, market research) and profiling (definition of individual or group profiles, customer segments with similar characteristics, consumer preferences) is particularly optional.

2.2.3. If permission is not given for these purposes, there will be no effect on the possibility to subscribe to the newsletter, to complete an online purchase, to open a personal account on the website, to become a holder or to use a Clayton Card (each according to the specific “General Terms of Use”).

2.2.4. In particular, depending on the circumstances, these data may be: name, surname, gender, date of birth, complete address, phone number, email address, profession, favourite magazine or other consumer preferences or habits.

2.2.5. As seen in the previous paragraph, the request for consent may also include, for the same marketing and profiling purposes, the processing of mandatory data already provided for other purposes. However, if consent is not given for marketing and/or profiling purposes, the personal data that have in any case already been provided will never be processed by Essemoda s.r.l. for the purpose specified.

2.2.6. The only exception to the above rule is set out in art. 130 of the Privacy Code that establishes that with regard to the promotional activities carried out through e-mail, the consent is not necessary when dealing with products and services similar to those purchased and the interested party has not refused said use, either initially or when sending subsequent communications.

2.2.7. These data will be processed both with paper and electronic media if the consent to process for marketing and profiling purposes is provided. The personal data processed for these purposes may be related to data regarding purchase transactions (purchased products, individual and overall costs, etc.) both online and at the stores. The data collected for profiling and/or marketing purposes will be stored at Essemoda s.r.l. for a period no longer than 12 and 24 months, respectively, from their registration for said purposes. After this storage time has elapsed, the optional personal data will be automatically deleted or made permanently anonymous, while those previously collected for the purposes set out in paragraph 3.1, which are mandatory, will cease to be used for marketing and/or profiling purposes.

2.3. Navigation data

During their normal operation the ID systems and software procedures used to operate this website acquire some personal data whose transmission is implicit in using Internet communication protocols.

This information is not collected to be associated with identified interested parties, but by their very nature could allow users to be identified through processing and associations with data held by third parties.

This category of data includes IP addresses or domain names of computers used by users connecting to the site, URI (Uniform Resource Identifiers) of the requested resources, 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 (successful, error, etc.) and other parameters regarding the user’s operating system and computer environment.

These data are used only to obtain anonymous statistics on site usage and to check its correct functioning and they are deleted immediately after processing. The data could be used to ascertain responsibility in case of hypothetical computer crimes committed against the site: except for this possibility, at present the data concerning web contacts do not persist for more than seven days.

2.4. Cookies

Notwithstanding many of the views stated in this notice apply also to cookies, in this section we will provide some detailed information on the topic.

2.4.1. What is a cookie?

Cookies are pieces of information that a website puts on your computer when you visit a website, and usually involve the transmission of information from the website (or other websites that work on our behalf) to your device and vice versa. For more general information about cookies, we recommend that you visit two qualified sites: http://www.allaboutcookies.org and http://www.aboutcookies.org.

2.4.2. What types of cookies can be used?

The cookies that our site uses fall under the categories set out below.

Strictly necessary cookies

These cookies are essential in order to navigate correctly on our website and to view the content in your language from the very first access. Necessary cookies are fundamental in order to guarantee you use of the requested services, such as logging in and managing your orders.

Cookies for capabilities

These cookies are used to store the choices that you make (language preference, country or other online settings) and to provide the customised or optimised functions that you have selected. Cookies for capabilities can be used to offer you online services or to prevent you from being offered services you have refused in the past.

These cookies are not essential for operation of the website, but they significantly improve the quality of service and navigation.

Analytical cookies

These cookies have statistical purposes only and they are used as tools for analysing the major search engines. The results of these analyses track the browsing methods of users on the site when accessed by computers or Mobile applications regarding the number of pages accessed or the number of clicks made on a page when viewing the site. The data collected is processed anonymously and only for statistical purposes.

Promotional or advertising cookies

We (or suppliers of services that work on our behalf) place these promotional cookies on your navigation device and allow you to view advertising banners on other sites, showing you the latest products you have consulted on the Clayton website.

As you browse our website, these cookies are also used to show you products that may interest you or products similar to those you have previously viewed based on your browsing history. Use of these cookies does not normally entail processing personal data, but can allow you to connect to your computer or other devices and track the data saved: these cookies connect to the browser installed on your computer or on other devices used while navigating our site.

2.4.3. Enabling or disabling cookies

Cookies can be managed in various ways.

By changing the settings of your browser, you can accept or reject cookies or choose which cookie categories you accept or refuse, or choose to receive a warning message before accepting a cookie from the websites you visit. You can also delete all cookies installed in the cookie folder of your browser. We remind you that also in this case that if you disable cookies in your browser, you may not be able to use all of our interactive functions.

If you use multiple computers at different locations, be sure that each browser is set to meet your preferences.

Each browser has different procedures for managing settings. Click on one of the links below to get specific instructions.

Microsoft Windows Explorer

http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies

Google Chrome

https://support.google.com/chrome/bin/answer.py?hl=en&answer=95647&p=cpn_cookies

Mozilla Firefox

http://support.mozilla.org/en-US/kb/Enabling%20and%20disabling%20cookies

Apple Safari

http://docs.info.apple.com/article.html?path=Safari/5.0/en/9277.html

If you do not use any of the browsers listed above, select “cookies” in the relevant section of the guide to find out where your cookie folder is located.

3. CATEGORIES OF PARTIES TO WHOM PERSONAL DATA MAY BE COMMUNICATED OR WHO MAY LEARN OF THEM IN THEIR ROLES OF MANAGERS OR AGENTS, TRANSFER OF DATA ABROAD, SCOPE OF DISCLOSURE OF PERSONAL DATA.

3.1. Managers and agents of data processing

The parties who may become aware of the personal data referred to in this notice in their roles of processing managers or agents; directors of the Marketing, E-commerce, Retail, Administration and Accounting, Legal, Information Systems and Customer Care sectors; employees working at the relevant offices; and employees of Clayton stores, each as regards their powers and duties and on the basis of assignments and instructions given.

3.2. Communication of data (to certain external parties)

As regards its ordinary business, accounting and administration operations, and as regards the data and purposes described in paragraph 3.1. above, Essemoda s.r.l. may disclose the personal data in observance of the specific minimum security measures:

- to Group companies;

- to third party suppliers of services required only to supply the service requested;

- to postal services companies;

- to banks and financial intermediaries;

- to law firms and notary’s chambers;

- to consultants, including partnerships;

- to service companies;

- and to other parties in compliance with any legal obligations in force.

The data processed for the purposes referred to above in paragraph 3.2. may be disclosed, again in observance of specific security measures, to third parties specially designated as managers or agents, of which Essemoda s.r.l. could use of various services (postal services, technical and IT assistance and similar).

3.3. Transfer of personal data abroad.

In some specific cases, personal data may also be transferred abroad to parties with offices also in countries outside the European Union (used by Essemoda s.r.l. on its servers physically located in UK; exchanges or sending of e-mail through e-mail providers whose servers are located abroad). In this case, the data will be transferred abroad only in accordance with the provisions of Articles from 42 to 45 of the Privacy Code.

3.4. Disclosure of data (to certain indefinite parties)

In no case whatsoever may the personal data discussed in this notice be disclosed.

4. RIGHTS OF THE INTERESTED PARTY

At all times Customers may exercise their rights against the Data Controller in accordance with article 7 of the Privacy Code, i.e. they can obtain confirmation of whether or not personal data concerning them exist and learn of their content and origin, check their accuracy or request that they be supplemented, updated or corrected. Pursuant to the same article, customers also have the right to request that data processed in breach of the law be deleted, transformed into anonymous form or be blocked, and to object to their processing for legitimate reasons.

To exercise these rights, or to obtain any other information about them, requests should be addressed by email to the following address: privacyconsumer@claytonitalia.com