Privacy Policy
THOM BROWNE Inc. - Website Privacy and Cookies Policy
Introduction
This is the privacy policy for Thom Browne Group for e-commerce activities.
We are aware of the importance of your personal data. Therefore, before using your personal data, we will provide you with complete information about the processing of your data and ask for your necessary consent.
This is the privacy and cookies policy for [http://www.thombrowne.com], being the e-commerce website of Thom Browne Inc. (hereinafter also “Thom Browne”) for the sale and purchase of our products (Site). For the purposes of European data protection legislation (hereinafter also “Data Protection Law”), we are the data controller in relation to the personal data processed in accordance with this policy.
The data processing is held by Thom Browne Inc. 3484679, Tax-ID number 90-0009098 whose registered office is at 240 W. 35th St. Fl. 16th New York, New York 1000. For any information regarding the processing of your personal data, you can contact us by email at privacy@thombrowne.com.
By using the Site, you acknowledge that you have read the terms of this privacy and cookies policy.
Your personal data (hereinafter also "Data") will be processed for the following purposes:
(i) Contractual purposes - purposes closely related to the sale (payment, order, delivery), including pre- and after-sales services provided by Thom Browne (cutting, dispatch, repair, customisation) and purposes related to the contractual guarantee provided by Thom Browne (in the case of Thom Browne's own sales registration, the contractual guarantee is in fact recognised even without the appropriate tax documentation).
(ii) Legal purposes - for any legally relevant purposes arising from the contract of sale (e.g., accounting, taxation, and legal obligations, e.g., legal warranties)
(iii) Customer service purposes - for the specific needs of the customer, in relation to the assistance services to be provided to the customer during the product evaluation and selection process, as well as in relation to the relationship with the customer in the boutique, the reception of the customer, the image consultation, the Style Suggestions ("style wear advice") provided by the dressing consultant, and any other activities related to the Customer Experience ("Customer Experience") in the Boutique.
and, with your prior consent, for the following purposes.
(iv) Marketing purposes - for commercial and marketing purposes, such as sending promotional offers, commercial activities and advertising information relating to products and services offered by Thom Browne by automated electronic delivery (including via SMS, instant message, e-mail, etc.) as well as by traditional means (paper letters and telephone calls).
(v) Purpose of the analysis - for research and analysis of your consumption habits, preferences, and choices to provide products and services that better meet your personal style and needs.
Data will be processed mainly electronically and by traditional means; indeed, some processing may take place on paper. At the same time, specific security measures will be observed to prevent data loss, illegal or incorrect use, and unauthorized access.
Study of customers' consumption habits and choices
With your explicit consent, Thom Browne will be able to study your consumption habits and choices to offer products and activities that best meet your personal style and needs, as described in point (v) above.
With the help of automated tools, Thom Browne will be able to process data relating to the value and frequency of purchases (including purchases during the discount season) and the types of products purchased during a given time (e.g., accessories, clothes, etc.). Thom Browne will be able to obtain more data directly from you about your preferences, hobbies, habits, lifestyle, and favorite sports. Such data may also be obtained indirectly (and therefore not from you) through certain social media platforms or using cookies on the Thom Browne website. In any case, this will only happen if you accept in advance with use of third-party login registration functions, by which the transmission of certain data about you from that social platform can authorize the use of analytics and marketing cookies in the manner provided on the platform's website. In addition, Thom Browne may integrate, or correct and update your personal data of a public nature, subject to the relevant restrictions and to the extent that you have consented and for the purposes described above.
In any case, the sole purpose of this research is to provide products, services, and activities to customers according to their style and needs. The way it is carried out is non-intrusive. In any case, you may at any time request that your personal data be analyzed and updated or amended as necessary.
The legal basis for the processing carried out in accordance with the purposes described above are the following:
- Contractual purposes - performance of the contract and obligations before and after the contract, as well as specific legal obligations arising from the performance of the contract (contractual guarantees).
- Legal purposes - the fulfilment of legal and tax obligations relating to the sale.
- Customer service purposes - to guarantee to its customers a level of service and assistance consistent with the relevant industry and brand reputation, where it is in Thom Browne's legitimate interests to do so.
- Marketing purposes - subject to your specific consent.
- Analytical purposes - subject to your specific consent.
Data is kept for different periods of time depending on the specific purpose for which it was collected, for the following periods:
- Contractual purposes - to comply with civil law provisions and to be kept for a period not exceeding 10 years.
- Legal purposes - to comply with tax regulations and to be kept for a period not exceeding 10 years.
- Customer Service purposes - to be kept for a period appropriate to the needs of the service, the needs of the customer relationship and the needs related to the expression of the customer.
- Marketing purposes - for a period not exceeding 5 years from the date of data collection, except where consent for continued retention has been requested from the client prior to the cut-off date.
- Analytical purposes - no more than 5 years from the date of data collection.
- Mandatory or optional nature of the data
The provision of data for contractual and legal purposes is not compulsory, but failure to provide certain data may prevent Thom Browne from performing sales contracts and/or related services.
If certain data is not provided for "service purposes", it may not be possible to obtain help and advice from Thom Browne, but this will not affect the sales contract.
Regarding marketing and analysis, failure to provide data will not in any case affect the sales contract and its related services, but may prevent you from receiving invitations, information, and business proposals, or even from responding to your needs, as well as from participating in questionnaires and satisfaction surveys.
- Categories of recipients of personal data
Thom Browne may disclose your personal data to the following parties:
- Thom Browne group companies.
- Third party service providers engaged in processing activities that provide services or assistance and advice to Thom Browne, with particular - but not exclusive - reference to technological, accounting, administrative, legal, insurance, information technology, and marketing.
- Persons and authorities whose right of access to personal data is recognized by laws, regulations or provisions issued by legally legitimized authorities.
- Competent authorities
In addition, your personal data will be made known to Thom Browne's employees and consultants, who will act as authorized parties and process your personal data on behalf of the Data Controller in accordance with the instructions of the controller.
- Transfer of data outside the EU
Thom Browne may transfer your Data to the recipients listed above, including outside the European Union and to the United States. For transfers from the European Union to countries not deemed appropriate by the European Commission, the Company has put in place adequate and appropriate safeguards to protect your Data. Accordingly, Personal Data is transferred in accordance with the requirements and obligations under applicable data protection laws under Articles 44 et seq. of the GDPR. For further information regarding appropriate or adequate safeguards and the means to obtain a copy, you may contact Thom Browne at privacy@thombrowne.com in the manner set forth in this privacy notice.
- Your rights
You have certain rights under the applicable data protection laws regarding your personal data. For example, you may request information from Thom Browne as to what personal data about you is held by Thom Browne and how it has been used or disclosed, and you may request access to such personal data in an understandable form. You may also request deletion, correction or updating of your personal data. You may also request to deregister your account (if any) or withdraw your consent to automated decision.
We remind you that you may also withdraw your consent at any time, as well as restrict specific contact details. It should be noted that the right to object to the processing of data for marketing purposes is also valid for traditional means if you do so electronically.
You can exercise this right by contacting us at privacy@thombrowne.com.
- Contacts
To exercise your rights, withdraw your consent, to ask information or to make a complaint about our handling of your personal data, please send the relevant request to privacy@thombrowne.com or Avv. Valeria Finazzi at rappresentanteprivacyEU@thombrowne.com
Finally, please note that you may at any time lodge a complaint with the competent supervisory authority.
EU/UK/SWISS - U.S. Data Privacy Framework Policy - Non-HR Data
Effective date: 7/12/24
Thom Browne Inc. (“Thom Browne”) respects Consumers’ concerns about privacy and recognizes the importance of being transparent regarding the personal information Thom Browne collects about them.
This Privacy Policy applies to personal information Thom Browne collects about Consumers in connection with its products and services, for example when visiting the European website (“Website”), when visiting any store in the European Economic Area, United Kingdom, and Switzerland and/or when engaging with Thom Browne through social media platforms.
Thom Browne complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Thom Browne has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Thom Browne has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the DPF Principles shall govern.
For purposes of this Policy:
“Consumer” or “Consumers” means any natural person who is located in the EU, UK or Switzerland, but excludes any individual acting in his or her capacity as an employee of Thom Browne. Personal data of consumers can also be referred to as Consumers Personal Data.
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“DPF Principles” means the Principles and Supplemental Principles of the DPF.
“European Union” or “EU” means the European Union and Iceland, Liechtenstein, and Norway.
“Personal Data” means any information that is (i) about an identified or identifiable individual, (ii) received by Thom Browne in the U.S. from the EU, UK, or Switzerland, and (iii) recorded in any form.
“Processor” means any natural or legal person, public authority, agency, or other body that processes Personal Data on behalf of a Controller.
“Purpose” means the purpose for which Thom Browne carries out a processing activity on Personal Data such as marketing activities.
“Website” means the official Thom Browne website: www.thombrowne.com.
“Store” or “Stores” means each store of Thom Browne located in the EU, UK, or Switzerland.
Thom Browne’s DPF certification, along with additional information about the DPF, can be found at https://www.dataprivacyframework.gov/.
For more information about Consumer Personal Data processing with respect to information obtained through Thom Browne’s Website and in Stores, please visit the Company’s website (www.thombrowne.com).
1. Types of Personal Data Thom Browne collects and related Purposes.
Thom Browne collects Personal Data directly from Consumers through the Website and in Stores. Thom Browne obtains, uses, transfers and otherwise processes Personal Data related to its Customers to (i) process transactions they request, including e-commerce, (ii) improve its Stores and Website quality of service, and Consumers’ shopping experience, (iii) send communications about its products, services, campaigns and brand promotions, (iv) enable service providers to perform certain activities on the Company’s behalf, and (v) comply with legal obligations, policies and procedures and for internal administrative and analytics purposes.
The types of Consumers Personal Data Thom Browne collects include:
• Name
• Surname
• Age
• Date of birth
• Gender
• Billing and shipping address
• Telephone number
• Email address
• Social Media information
• Shopping preferences and purchase history
• Information obtained by automated means when Consumers visit the Website, such as through cookies, web beacons, and web server logs (including the IP address of the device the Consumer uses to connect to the Internet, domain name, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on the Website, dates and times of Site visits and the pages accessed)
• Any other information Consumers provide or generate on the Website and in Stores.
Thom Browne may also obtain and use Consumers Personal Data in other ways for which the Company provides specific notice at the time of collection.
Thom Browne’s privacy practices regarding the processing of Consumers Personal Data comply with the DPF Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.
2. Notice
Thom Browne provides information in this Policy and the privacy notice published on the Website regarding its Consumers Personal Data practices, including the types of Personal Data Thom Browne collects, the types of third parties to which Thom Browne transfers the Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and transfer of their Personal Data, and how to contact Thom Browne about its practices concerning Personal Data.
Relevant information regarding the processing of Consumers Personal Data may also be found in notices pertaining to specific data processing activities such as in-store events.
3. Choice
Thom Browne generally offers Consumers the opportunity to choose whether their Personal Data may be (i) transferred to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. Consumers may contact Thom Browne as indicated below (see Section 9. How to Contact Thom Browne) regarding the Company’s use or transfer of their Personal Data. Unless Thom Browne offers Consumers an appropriate choice, the Company uses Personal Data only for the same purposes indicated in this Policy.
Thom Browne shares Personal Data with its affiliates and subsidiaries. Thom Browne may transfer Personal Data without offering an opportunity to opt out, and may be required to transfer the Personal Data, (i) to third-party Processors the Company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. Thom Browne also reserves the right to transfer Personal Data in the event of an audit or if the Company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution, or liquidation).
4. Accountability for Onward Transfer of Personal Data
This Policy and the privacy notices published on the Website or otherwise provided to Consumers indicate Thom Browne’s transferring of Personal Data. In particular, Thom Browne transfers Consumers Personal Data to other entities within the group (i.e. infra-group transfers between TBI and TBT) and to third parties (e.g. digital marketing agencies) for purposes related to Customer service and marketing activities.
Except as permitted or required by applicable law, Thom Browne provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. Thom Browne requires third-party Controllers to whom it transfers Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the DPF Principles, and (iii) notify Thom Browne and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the DPF Principles.
With respect to transfers of Personal Data to third-party Processors, Thom Browne (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the DPF Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with Thom Browne’s obligations under the DPF Principles, (v) requires the Processor to notify Thom Browne if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the DPF Principles, (vi) upon notice, including under (vii) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (viii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. Thom Browne remains liable under the DPF Principles if the Company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the DPF Principles, unless Thom Browne proves that it is not responsible for the event giving rise to the damage.
5. Security
Thom Browne takes reasonable and appropriate measures to protect Consumers Personal Data from loss, misuse and unauthorized access, disclosure, alteration, and destruction, considering the risks involved in the processing and the nature of the Personal Data.
6. Data Integrity and Purpose Limitation
Thom Browne limits the Personal Data to what is relevant for the purposes of the processing. Thom Browne does not process Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes, Thom Browne takes reasonable steps to ensure that the Personal Data the Company processes are (i) reliable for its intended use, and (ii) accurate, complete, and current. In this regard, Thom Browne relies on its Consumers to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers may contact Thom Browne as indicated below (see Section 9. How to Contact Thom Browne) to request Thom Browne to update or correct their relevant Personal Data.
Subject to applicable law, Thom Browne retains Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer.
7. Access
Consumers generally have the right to access their Personal Data. Accordingly, where appropriate, Thom Browne provides Consumers with reasonable access to the Personal Data Thom Browne maintains about them. Thom Browne also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the DPF Principles, as appropriate. Thom Browne may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Data by contacting Thom Browne as indicated below (in Section 9. How to Contact Thom Browne).
8. Recourse, Enforcement and Liability
Thom Browne has mechanisms in place designed to help assure compliance with the DPF Principles. Thom Browne conducts an annual self-assessment of its Personal Data practices to verify that the attestations and assertions Thom Browne makes about its DPF privacy practices are true and that Thom Browne’s privacy practices have been implemented as represented and in accordance with the DPF Principles.
Consumers may file a complaint concerning Thom Browne’s processing of their Personal Data. Thom Browne will take steps to remedy issues arising out of its alleged failure to comply with the DPF Principles. Consumers may contact Thom Browne as specified below (see Section 9. How to Contact Thom Browne) about complaints regarding the Company’s Personal Data practices.
If a Consumers’ complaint cannot be resolved through Thom Browne’s internal processes, Thom Browne will cooperate, at no cost to the individual, with JAMS pursuant to the JAMS DPF Program, which is described on the JAMS website at https://www.jamsadr.com/DPF-Dispute-Resolution. JAMS mediation may be commenced as provided for in the JAMS rules. Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has DPF investigatory and enforcement powers over Thom Browne. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about Thom Browne’s compliance with the DPF Principles.
9. How to Contact Thom Browne
To contact Thom Browne with questions or concerns about this Policy or Thom Browne’s Personal Data practices:
Write to:
Thom Browne Inc.
Attention: Pasqualino Granato, Privacy Manager
Via Ligornetto, 14
68550 – Stabio, CH
Or:
E-mail: privacy@thombrowne.com