Privacy Policy

1. General

Top Shop International SA (hereinafter: provider), a company that is operating Studio Moderna website, including all its components and (sub) pages and sections which are available on *.studio-moderna.com, (hereinafter: website), is committed to protecting your personal data and respecting your privacy. This Privacy Policy sets out the type of personal data that provider collects, defines the purpose and the rights that you have in relation to this information, and applies to all persons who are considered a user of the website. In this Privacy Policy, the terms 'user', 'website' and 'provider' have the same meaning as in the General Terms and Conditions. The personal data and contact information of the user of the website will not be disclosed to any third party unless required by law or unless the user grants its consent. Provider does not send spam or unsolicited notices to the users, with the exception of important transactional e-mail messages or communication to which the user has given his/her consent. The users may easily and quickly stop receiving notices by following the procedure provided in the received notice or send the cancelation request to the following email address info.si@studio-moderna.com. Provider respects the privacy of all users and will take all reasonable precautions to ensure that all the personal data that you have submitted via website remains confidential. Any activities of provider are in accordance with the applicable European legislation and legislation of Swiss Confederation. This Privacy Policy regulates the disposal of information collected by provider about the users visiting its websites. Provider processes the personal data as “data controller”.

2. Collection and Processing of Personal Data

All users can visit the website and certain subsections without disclosing any personal data to provider. However, sometimes, the failure to provide the minimum necessary data required in the relevant data entry sections and other parts of the relevant website may result in provider not being able to provide the user with products or certain services, including after sales services. If the user makes a purchase via provider’s website, the user enters into the contractual relationship with provider and is requested to disclose necessary personal data. In order to fulfill the user inquiries and for specific order purposes or other purposes listed below in the “Purpose for Data Processing” section, provider may collect the following data about the users: name, surname, birth date, email, address and telephone number. The user may be asked to disclose the personal data when placing an order, requesting service, registering purchased product, etc. In such event, the user is asked to provide his/her express consent to the processing of the disclosed personal data that shall be used for the purpose stated below in the “Purpose for Data Processing” section, and in accordance with other sections of this Privacy Policy. By virtue of voluntary ordering products from provider and/or registering the purchased product, the user agrees with the processing of his/her personal data by provider in its information system both manually and automatically to the extent and for the purposes set out below. If the user does not agree therewith, he/she is entitled not to use certain sections of provider’s website and not to provide provider with his/her personal data. Provider has the right to process the disclosed personal data for a period necessary for the fulfillment of the respective purpose of the processing or until it receives the request for complete removal of data from the system, and to act according to the mandatory archiving under the applicable legislation.

3. Purpose for Data Processing

Provider processes personal data for the following purposes: - carrying out the necessary acts related to sale and purchase transactions or the performance of any other contract between provider and the user, including verifying the payment and the shipping of the user’s order; - registration of the product to provide the user with information available with regard to the authenticity of the product the user has purchased and on the other hand acquire some information with regard to the product that is relevant to the provider within its brand protection activities (such as acquiring information from users about distributors, retailers and/or dealers, who distribute, sell or deal counterfeited products as authentic provider’s products); - registration of the user and granting the user rights and access to certain sections of the website, sending provider's instructions and notices, and meeting provider's obligations concerning registration of users, registration of products and other kinds of use of the website; - keeping records of registered users of the website, of authentic provider's products and of registered provider's products; - statistical, marketing and other analyses and researches related to (registered) users and (registered) provider's products; - transmission and forwarding of data and information, collected in accordance with this Privacy Policy, to companies, associations or other third parties, who are affiliated or related with the provider (hereinafter: related companies; please see the full list by clicking here), who will use the collected data and information in accordance with the purposes defied in this provision; - sending advertising or non-advertising direct mail, e-mail and other messages (such as postal or mobile massages) and notifications about the website, provider's and other products (existing and new) and services, special offers, promotions and new items, daily, weekly and monthly actions; - sending advertising or non-advertising direct mail, e-mail messages and other messages (such as postal or mobile massages) and notifications, containing e-newspaper, e-books, newsletters, articles, catalogues, and other promotional materials; - sending advertising or non-advertising direct mail, e-mail and other messages and notifications for and from related companies and processors; - providing customer care services (requesting the user’s opinion of products and services, conducting product surveys, facilitating and processing user’s searches and requests for information about provider and its products and services and informing the user of prize draws, contests and promotional activities).

4. Use and Disclosure of Personal Data to Third Parties

Provider uses the disclosed personal data for the purposes outlined above. Provider employees are obliged to respect the confidentiality of the information provided by the users. You confirm that personal data you have disclosed to the provider are your personal data and agree that provider may provide, make available or transmit your personal data to its related companies (please see the full list by clicking here), for the purposes listed in the “Purpose for Data Processing” section (including the provision and marketing of such companies’ own products and services). You agree that personal data may also be disclosed to third parties in cases, where provider or a provider’s related companies reasonably consider it necessary in order to prevent fraud, comply with mandatory obligations, to enforce or defend the legal rights of provider or any provider related companies, or in connection with the corporate activities such as a merger, acquisition, sales or purchase of business assets and others.

5. Disclosure of Personal Data to Processors

You agree that personal data may be disclosed to other persons and entities (parties) to enable the performance of contracts which the user itself is a party to and to ensure that the users benefit fully from any relevant special offers, promotions and other services of provider. Provider uses services of other persons to perform functions on its behalf, such as fulfilling orders, delivering packages, sending postal mail and emails, sending text messages (SMS), providing marketing assistance, processing credit card payments, providing fraud checking services and providing other services. Such persons will have access to personal data needed to perform these functions, but may not use personal data for any other purpose or for their own business purposes. Provider requires these third parties to comply strictly with its instructions and to process the data in accordance with applicable legislation.

6. Rights of the User

The granting of the consent for the personal data processing by provider is voluntary and the user has the right to withdraw such consent. The rights of the users with respect to the processing of their personal data include also the right to ask for the update of the data or deletion of the data from the provider’s information system and the right to a transcript of the personal data that are subject to the processing by provider. Please note that it may take up to 28 days for provider to action such request of the user. User who no longer wishes to receive the provider’s emails with promotion notifications may follow procedure provided in the received notice or send a cancellation request to provider to the email address info.si@studio-moderna.com. User who wishes for his personal data to be completely removed from provider’s systems may send deletion request to the email address info.si@studio-moderna.com. Please note, however, that provider can require certain key information from the user in order to provide the user with the services and if the user asks the provider to delete all or part of such information the user may no longer be able to use or access parts of the website. The users are welcome to update any personal data provider have or request any information regarding provider‘s privacy policy or terms and conditions by writing to the email address info.si@studio-moderna.com.

7. Minors

Provider strongly advises all parents and guardians to teach their children safe and responsible handling of personal data on the Internet. Persons under age of 18 should not transmit their personal information to provider through this website without the permission of their parents or guardians. Provider will never intentionally collect any personal information from anyone under 18 years or use it in any way or disclose it to third parties without permission. In connection with the foregoing, provider assumes that the users of its websites are 18 years old or older.

8. Cookies

Cookies are small files that are temporarily stored on user hard disk, enabling the website to recognize the user’s computer on the following visits. Provider uses cookies exclusively to gather information concerning the use of the website. The data provided by cookies are anonymous and are not related to and do not constitute personal data. Web beacons, also known as single pixel or clear gif technology, or action tags, may be used on provider websites. Web beacon technology allows provider to know which visitors/users clicked on key elements (such as links or graphics) on a provider’s website or a provider’s email. The data provided by web beacons are anonymous, are not related to personal data and do not constitute personal data. The user may opt to turn off cookies/web beacons using browser settings to disable cookies and web beacons any time. When you access the website of provider (as an unregistered regular user), some non-personal information (type of internet browser used, number of visits, average time spent on website, websites viewed) is recorded automatically. This information is used as a feedback to improve the provider website appeal, content and functionality. For more information about cookies please read Cookie Statement.

9. Security

Provider intends to protect and administer the personal data of all users of its websites in line with the applicable legislation. Provider has taken all appropriate technical, organizational and personal measures in order to keep the maintained personal data of its users secure and protected from accidental or unlawful destruction and accidental loss, unlawful handling, unauthorized disclosure or access, and against all other unlawful forms of processing.

10. Links to Other Web Sites

This Privacy Policy applies to the website as defined above and with General Terms and Conditions. Some sections of these websites may contain links to other providers/other entities within or outside of provider. When the users leave the website, they are advised to follow carefully and read the principles for the personal data protection for each individual website that collects personal data. Provider does not control any information contained within these links and the principles for the personal data protection applicable to the other sites and is not responsible for any content, goods or services they offer. The use of these linked web sites is subject to conditions and agreements applicable to such linked websites. Provider does not accept any responsibility or liability for the privacy practices of such third party websites and the use of such websites is at the user’s own risk.

11. Exclusion of Liability

The user must properly ensure the security and confidentiality of the data disclosed to the provider when using the website. The provider reasonably assumes personal data has been disclosed by the user to whom the data apply or other authorized person. If the user suspects that the personal data is being used by a third unauthorised party or that the data has been disclosed without authorisation, he/she must immediately inform the provider thereof. The provider shall in no event be held liable for damage that may arise due to unauthorised disclosure of personal data to provider.

12. Notification of Changes

This Privacy Policy may be update, revised or supplemented at any time, without prior warning or notice to the user. By virtue of using the provider’s website or ordering products from the provider, following the changes of the Privacy Policy, the user agrees in full extent with the changes. These Privacy Policy enter into force on 8.3.2016.