Legal Notes

Privacy Policy

 

Updated: November 01, 2018

Welcome to our website https://xarissfe.com. For Xariss Holding B.V. (“Xariss“/ ”We” / “Us”), company number 68564562, with registered office in Dorpstraat 40, 6373 JD, Landgraaf, The Netherlands, your privacy and the security of your personal data are very important; thus, we collect and manage your personal data with the utmost attention and we take specific measures to ensure their safety.

This Privacy Policy (“Policy“) describes how we use your personal data collected via www.xarissfe.com (“Website“), and by other means (e.g., via social media, cookies, etc.). Please read this Policy carefully.

For any clarification, question or requirement related to your privacy and the processing of your personal data you can contact us at any time by sending a request to our Customer Service department.

 

        1 What Personal Data Do We Collect?

The categories of personal data that we collect about you for the purposes described in this Policy, include:

  • Contact information (such as your name, birthday, nationality, email address, postal address, telephone number, photo and any other personal data) that you provide by completing forms on the Website, including if you subscribe to our newsletter and register and create an account on the Website;
  • Details of any transactions made by you;
  • Personal data that may be contained in communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Website or its content;
  • Information from surveys that we may, from time to time, conduct on the Website for research purposes, if you choose to respond to, or participate in, them;
  • Credit/debit card information;
  • Information about your use and navigation of our Website, such as your IP address and other device identifiers, your operating system and browser type, and information about the Website pages you visit, collected by cookies or other tracking technologies;
  • Personal information collected from third parties, such as data that you agree to share with us on publicly accessible social networks (e.g., Facebook, Instagram, etc.) and/or that we may collect from other publicly accessible databases; and
  • Personal data of third parties that you provide to Xariss, for example if you decide to buy a product or service to be delivered to a friend or as a gift. We will arrange to deliver the privacy policy to the third party at the time of the first communication. We remind you that the use of personal data of third parties is subject to the discipline regarding the protection of personal data.

 

You are under no obligation to provide any such information. Providing your personal data to us (in particular, your personal details, your email, your address, your credit/debit card numbers and bank code and your telephone number) is necessary for processing your order for the purchase of products on the Website, supplying other services provided on the Website upon your request, or when your personal data is needed to fulfil obligations required by law or regulations. The refusal to provide us with any personal data necessary for performing the above purposes may consequently prevent us from processing your order for the purchase of products sold on the Website or fulfilling obligations required by law and other regulations. Therefore, failure to provide personal data may constitute, in some cases, a legitimate and justified reason for not processing your order for the purchase of products sold on the Website or not providing the Website’s services.

 

Disclosure of further personal data to us other than that required for fulfilling legal or contractual obligations and to properly browse our services with necessary traffic data is, on the contrary, optional and does not have any effect on the use of the Website and of its services or on the purchase of products on the Website. We will inform you at every step whether disclosing your personal data to us is required or optional by marking with an appropriate symbol (*) the information that is required or data needed for the purchase of products and/or for the provision of requested services on the Website.

        2 Minimum Age

Protecting the safety and privacy of children is very important to us. We do not accept registrations or orders submitted by, and will not knowingly collect or use personal data from anyone under the age of sixteen (16) years, or any other age limit set out by the law of his/her country of residence. By registering or making any purchase on the Website, you confirm that you have reached the age of majority in your country of residence.

 

        3 Use Made of Your Personal Data

 

Whenever we process your personal data, we do so in the presence of one of the conditions provided for by applicable law and on a lawful legal basis for processing. In the majority of cases, the processing of your personal data will be justified on one of the following bases:

  • processing is necessary to perform a contract with you or take steps that you have requested in order to enter into a contract (e.g., sale contract);
  • processing is necessary for us to comply with a legal obligation;
  • processing is in our legitimate interests as a business, and our interests are not overridden by your interests, fundamental rights or freedoms. Our legitimate interests may include our interest in using customer and Website user personal data to conduct and develop our business activities (including by carrying out standard marketing activities), with current and potential customers and Website users; and in establishing, exercising or defending legal claims; or
  • processing is based on your prior explicit consent, such as segmented and customized marketing activities.

 

  The purposes for which we process your personal data are the following: The processing of your personal data is justified by the following legal basis:
1 Process your purchases and to provide you with the services and information offered through the Website and which you request Performance of a contract
2 Administer your account with us Performance of a contract
3 Verify and carry out financial transactions in relation to payments you make Performance of a contract
4 Audit the downloading of data from the Website Our legitimate interest to get to know our customers better and improve our services accordingly
5 Improve and customize our Website, and our products, services and our business in general, such as by tracking your product preferences, shopping history and interactions with the Website Our legitimate interest to get to know our customers better and improve our services accordingly
6 Identify visitors to the Website Our legitimate interest to improve our products and services
7 Carry out data analytics and market research Our legitimate interest to get to know our customers better and improve our services accordingly
8 Carry out data enrichment, such as by analyzing your product preferences, shopping history and interactions with the Website together with data collected from third parties, such as data that you agree to share with us on social networks (e.g., Facebook, Instagram, etc.) and/or that we may collect from publicly accessible databases Your prior explicit consent
9 Correspond with you to resolve your queries or complaints Your prior explicit consent
10 Send you marketing communications containing news, information and updates about our products and services, offers, promotions and special events, and other marketing communications that may be of interest to you (by SMS, email or telephone), and customize your experience with us to your interests and shopping habits and improving our services, notably via profiling. We also may use the data we collect about you to assist us in advertising our products and services on third party websites – please see our Cookie Policy for additional information. Your prior explicit consent and our legitimate interest in keeping our customers/prospects updated about our services and products

 

        4 Who Will Process Your Data?

We may disclose your personal data to any of our affiliate companies, or to our service providers who assist us in providing the services we offer, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analyzing data, providing support services or in performing other tasks, from time to time.

 

For the avoidance of doubt, we will get your express opt-in consent before we share your personal data with any third-party company other than Xariss for marketing purposes.

 

Your personal data will be accessible by authorized personnel of Xariss and affiliated companies, and service providers acting on our behalf on a need-to-know basis. The third parties in question belong to the following categories: banking operators, Internet providers, companies specialized in IT and telematic services; transportation services, couriers, companies that carry out marketing activities; companies specialized in market research and data processing; companies specialized in tax refunds, boutiques and styling professionals. Transfer of your personal data from your country of residence to third countries where we operate, including The Netherlands and Italy, will be involved.

 

The transfer of your personal data to countries that do not belong to the European Union, subject to the General Data Protection Regulation (UE) 2016/679, and that do not ensure adequate levels of protection will be performed only in compliance with the guarantees provided by law, pursuant to the EU Model Clauses.

 

We may also share your personal data with third parties in connection with potential or actual sale or restructuring of our company or any of our assets, or those of any associated company, in which case personal data held by us about our users may be one of the transferred assets.

 

We will also respond to requests for personal data where required to do so by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator or any other legal process served on us.

 

        5 For How Long Do We Keep Your Personal Data?

Our general approach is to retain your personal data only for as long as required to fulfil the purposes for which it was collected. We generally retain your personal data for three years from the end of our relationship or from the last contact from you, unless local law requires otherwise. However, in some circumstances we may retain personal data for longer periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements.

 

In specific circumstances we may also retain your personal data for longer periods of time corresponding to the applicable statute of limitations so that we have an accurate record of your dealings with us in the event of any complaints or challenges.

        6 Cookies

Our Website uses cookies. More information can be found in our Cookie Policy.

 

 

        7 Security

We place great importance on the security of all personal data associated with our users. We have adopted security measures to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access. For the best possible protection of your personal data outside the limits of our control, your device should be protected (such as by updated antivirus systems) and your internet service provider should take appropriate measures for the security of network data transmission (such as, for example, firewalls and anti-spam filtering).

While we take reasonable steps to protect your personal data, we cannot guarantee that the personal data you disclose to us will be 100% secure, nor that any data breach will not occur.

 

You accept the inherent security implications of dealing on-line over the Internet and will not hold Xariss or their processors responsible for any data breach unless it is due to our negligence.

 

 

        8 Your Rights

 

At any time, you can exercise the rights with reference to the specific processing of your personal data by Xariss.  Find below their general description and how to practice them.

 

  • Right of access, rectification and erasure
    You have the right to access your personal data and to request that they be corrected, modified, integrated with other information, or deleted under certain circumstances. You can see and update most of this data yourself online, or if you wish, we will provide you with a copy of your data in our possession.
  • Right to revoke consent 
    Where applicable, you have the right to revoke your consent at any time.  For example, a consent that you have given for the processing of your personal data in relation to any activity for marketing purposes. In this regard, we remind you that marketing activities are considered the sending of commercial and promotional communications, the conduct of market research and surveys for the detection and satisfaction for the customization of the Website and commercial offers according to your interests. Upon receipt of your request, we will promptly cease the processing of your personal data based on this consent, while different processing based on other conditions will continue to e carried out in full compliance with the provisions in force.
  • Right to object to processing for marketing purposes
    Where we process personal data for direct marketing purposes, then you have the right to object to that processing at any time.
  • Right of data portability
    Under certain conditions, you have the right to receive all such personal data which you have provided to us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller or third party of your choice where this is technically feasible.
  • Right to restriction of processing
    You have the right to oppose the processing of your personal data on the basis of our legitimate interest, where:

– you contest the accuracy of the personal data until we have taken sufficient steps to correct or verify its accuracy;

– the processing is unlawful but you do not want us to erase the data;

– we no longer need your personal data for the purposes of the processing, but you require such data for the establishment, exercise or defense of legal claims; or

– you have objected to processing justified on legitimate interest grounds (see below) pending verification as to whether we have overriding compelling legitimate grounds to continue processing.

Where personal data is subject to restriction in this way, we will only process it with your consent or for the establishment, exercise or defense of legal claims.

Before accepting your request of restriction of processing, Xariss will have to assess the reasons for your request.

  • Right to object to processing justified on legitimate interest grounds
    Where we are relying upon legitimate interest to process personal data, then you have the right to object to that processing. If you object, we must stop that processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defense of legal claims. Where we rely upon legitimate interest as a justification for processing, we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
  • Right to request that the processing of your personal data is temporarily limited
    In this case, We will continue to keep your personal data but will not process it, unless it is subject to your different request and the exceptions established by law. You an get the limitation of processing when you dispute the accuracy of your personal data, when the processing is unlawful but you oppose to the deletion of your data, when your data is no longer relevant for anymore but you need to exercise your right in court and when you oppose your processing, in the period in which we evaluate the reasons for your request.
  • You also have the right to file a complaint with a supervisory authority if you consider that the processing of your personal data infringes applicable law.

For further information regarding your rights, to exercise any of your rights, or if you have any complaints or questions regarding the processing of your personal data please contact privacy@xarissfe.com.

 

Please note that in order to ensure that the data of our users is not infringed or illegitimately used by third parties, we will request proof of identity before accepting your request to exercise one of the rights indicated, and we reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. We will endeavor to respond to your request as soon as possible and in any case within the applicable timeframes.

 

        9 Changes to this Policy

The constant evolution of our services may involve changes in the characteristics of the processing of your personal data described up to now. Consequently, this Privacy Policy may be subject to changes and additions over time, which may also be necessary with regard to new regulatory measures regarding the protection of personal data.

We request of you, therefore, to periodically check the contents. Where possible, we will try to inform you promptly about the changes made and their consequences. The updated version of the privacy notice, in any case, will be published on this page, with the indication of the date of its last update.

Cookie Policy

 

The use of cookies by Xariss Holding B.V. (“Xariss“/ ”We” / “Us”), company number 68564562, with registered office in Dorpstraat 40, 6373 JD, Landgraaf, The Netherlands, falls under the company’s Privacy Policy, in conformity with the terms of Legislative Decree 196/03 of the Personal Data Protection Code (Privay Code) and the Order of 8 May 2014, “Identification of the simplified procedures for proiding information and getting consent for the use of cookies” from the Italian Data Protection Authority. Pursuant to Art. 13 of the Privacy Code, we inform you that Xariss Holding B.V., as Data Controller, acts in conformity with the terms of the corresponding legislation.

 

As specified in the brief notice indicated in the banner, you may give your consent to the use of cookies simply by clicking on the “Accept” key. , and closing the banner with the “X” key, scrolling down the page or clicking on any element of the content within the site’s pages. Continuing to navigate upon exiting this cookie policy without specifically choosing to manage permissions is equivalent to granting consent to the use of all cookies.

 

          1. What is a cookie and what is its purpose?

 

A cookie is a small file that is sent to the browser and saved on your device (computer, tablet or mobile) when you visit a website like xarissfe.com (“the website”).

A cookie allows the site to “remember” your computer, but not specifically who is using it, and improve your user experience. They are used generally for different purposes, such as letting the user navigate between pages efficiently, and improving the user’s browsing experience, in addition to providing information to the site owner for statistical or advertising purposes, primarily to personalize your navigation experience by remembering your preferences (for example, remembering the language you set, in order to recognize you at the next visit, etc.).

 

          2. 2.    Which cookies do we use and for what purpose?

Our website uses various types of first party cookies (organized and managed by Xariss), and third party cookies (organized and managed by third parties based on their own individual privacy policies and not under the control of Xariss) and similar technologies, each of which has a specific function.

In particular we use:

  1. A)   Session cookies, which only last for the duration of a browsing session. They are usually used to facilitate the access to the services on our website, to authenticate you when you are a registered member, and to remember what a user has put in their shopping basket, and
  2. B)   Persistent cookies, which last for more than one visit. They are used to remember a user’s preferences and actions within the website. In this case, when a user returns to our website, or visits sites that use the same cookies, the site reads the cookies and identifies the user’s browser.

Among these cookies it is possible to refer to:

  • First party cookies, which are supplied by the website you are visiting, i.e. xarissfe.com and can be read only by such site. For example the cookies that maintain the products in the shopping bag of a user while the user is still surfing the site. First party cookies can be either session or permanent cookies.
  • Third party cookies, which are meant to collect data on an anonymous way, for example analytics information, including browsing statistics. Other third party cookies are meant to track our visitors’ response to our online promotional activities. This technology uses information about your visits to our website and third parties’ sites on which we advertise, to deliver relevant advertisements. We also use this to learn which banner adverts bring users to our website. Also third party cookies can be either session or permanent cookies.

The type of cookie used on our website can fall under one of the categories below.

Technical Cookies

Based on the Guidelines of the Italian Data Protection Authority (Garante) on simplification of procedure to release the data protection notice and to collect the consent for cookies (dated 8 May 2014) technical cookies include navigation or session cookies, cookies analytics and functionality cookies.
We do not need to seek your consent to use these cookies.

 

Type of cookie Function
Navigation or session cookies From the first access these cookies allow the website to function correctly and allow you to view content on your device by recognizing the language and market of the country from which you’ve chosen to connect. If you are a registered user, they will allow you to be recognized and to access the services offered from the dedicated areas. Navigation cookies are needed for the functioning of the website. These cookies include session authentication cookies. Without these cookies, necessary services such as shopping baskets or e-billing cannot be provided.

If you choose to disable these cookies, you will be unable to use our site for ordering our products or services, but only for browsing.

We also use a cookie to track that you have been informed of our use of profiling cookies and consented (if so) to it.

 

FUNCTIONALITY COOKIES  Functionality cookies allow, based on your express request, for you to be recognised when you subsequently access the website, so that you do not have to enter your information each time (for example: “Remember me”). If you have added items into your Shopping Bag and closed the session without completing the purchase and without eliminating those items, these cookies allow you to continue the shopping experience the next time you access the website (within a limited period,) finding the same articles that were selected. These cookies can also be used to remember changes you made to text size, fonts and other parts of web page that you can customize. They may also be used to provide services you have asked for or to prevent you from receiving services you have already refused.

Functional cookies are not essential to the functioning of the website, but rather improve navigation quality and experience. These types of cookies may be first party or third party. Presently we only use first party cookies, and can be session or permanent.

When you choose functionalities and services, you agree to our use of the related functionality cookie.

 

Analytical cookies These cookies are also known as performance cookies and collect information about how you use our website, so that we can improve the quality of our site and services. Some examples include which pages you visit most often, whether you get error messages from web pages. Performance cookies allow us to implement these choices and optimize the functionality of our site. These cookies collect data in an anonymous and aggregated way.

These types of cookies may be first party or third party and include analytics that allow us to obtain statistics about website access and browsing, monitor which website our users arrive from, help us improve the site by measuring usage information and any errors which occur during our users browsing experience, as well as the effectiveness of advertising campaigns, using aggregated information.

We treat the results of these analyses anonymously and exclusively for statistical purposes only.

 

Profiling Cookies

 

Type of cookie Function
our own and third party marketing and profiling cookies These cookies, that include advertising and targeting cookies, are used by Xariss, our advertising providers and/or third parties to offer you a customized browsing experience by delivering you advertisements that are relevant to you and your interests on third party websites. Cookies are used to identify your preferences and analyze your online interactions and transactions with us. This information is exclusively for the benefit of Xariss and will not be shared with any third party, except with Xariss service providers for the purpose of processing it on our behalf.

Under certain circumstances, especially if you are logged-in on your account, we may combine data collected through the cookies with your personal data for the purposes set out above, unless you have explicitly refused to be the subject of such processing and you have opted out from these types of cookies.  We invite you to read our privacy policy for full details of how we can process your personal data under such circumstances.

Among many types of advertising or targeting cookies, we may use

  • Flash Cookies: We may also use local shared objects, known as Flash cookies, to store your preferences. The amount and type of information collected through Flash cookies and how they work is different from browser cookies. Please be aware that the browser’s tools to manage cookies will not remove Flash cookies. To disable flash cookies, please use the setting tool provided by Flashplayer:
  • http://www.macromedia.com/support/documentation/
  • Pixel Tags: If you agreed to being tracked and/or profiled, we may use other tracking technologies (e.g. web beacons, clear gifs) in the communications we send to you. The purpose of these may be to learn about whether you have read or opened the email, whether you have interacted with any link, e.g. by clicking on it, and if so which ones. This information may be combined with other information we have gathered about you, to help us deliver more interesting communications to you, based on your browsing experience and shopping.

You can read more about the cookie policy of the third party partners whose profiling cookies are used on our site by clicking here.

We need your consent to use profiling cookies. At any time you can manage your preferences for advertising or targeting cookies through your browser settings or by enabling/disable all third party cookies as per section 4 below.

social network cookies These cookies are necessary to allow your social account to interact with our website. For example, they are used to express your appreciation and to share it with your social networking friends. The social network cookies are not needed for navigation. For more information on the policies regarding the use of social network cookies, it is possible to consult the respective privacy and cookies policies:

Facebookhttp://www.facebook.com/about/privacy/

Google+http://www.google.com/intl/it/policies/privacy/

Twitterhttp://twitter.com/privacy

Instagramhttps://instagram.com/legal/cookies/

YouTubehttps://www.youtube.com/static?template=privacy_guidelines

 

 

          3. Information Sharing

We do not share information collected through the use of cookies and pixel tags with any third party, except with other companies within Xariss Holding B.V., our advertising agencies/providers and our IT service providers (e.g. hosting providers), exclusively for the purposes set out above.

 

          4. How to Manage Your Cookie Preferences & Disable Third Party Cookies

Browser

At any time, you have the option to accept or decline the use of cookies/pixel tags by changing your browser application settings. The majority of browsers are configured to accept, control or potentially disable cookies through the settings. On most browsers, the “Help” portion of the toolbar will tell you how to prevent it from accepting cookies, how to have it notify you when you receive cookies/pixel tags, or how to disable cookies/pixel tags altogether.

Below are pages describing the procedure to follow to manage cookies from the following browsers:

Chrome

Firefox

Internet Explorer 7 and 8

Internet Explorer 9

Safari

Opera

If you use multiple browsers (e.g. Internet Explorer, Google Chrome, Firefox, etc) you must repeat this procedure with each one, and if you connect to the web from multiple devices (e.g. from work and at home), then you will need to set your preferences on each browser on each device.

Please note that by disaling navigation or functional cookies from the browser may affect the functioning of the website and/or limit the service we offer.

Third Parties

For more information on cookies and to manage your preferences for third party profiling cookies, please go to http://youronlinechoices.com/. Once on the site, by accessing the area “Your Choices” you can: visualize the list of third party companies, our partners, which install cookies on our site (Company); verify the presence and activation status of installed cookies (Status) and manage your consent selectively (On/Off). By expanding the dedicated voice (Info) for each company, you can access more information relative to the company and, via a link, reach the specific information about privacy and cookies. For what concerns our the specific provider for retargeting service Criteo, as well as in the platform http://www.youronlinechoices.com you can express your consent following this direct link too http://www.criteo.com/en/privacy.

          5. Access to Data and Customer Service

You may freely and at any time exercise all of your rights pursuant to Art. 7 of the Privacy Code, or receive assistance and explanations on how to provide your consent or selective refusal, or on how to delete cookies from your browser, by sending an e-mail to Customer Service or privacy@xarissfe.com, or via a written request sent to Xariss at the mailing address of the registered office. We will reply to you promptly.

 

          6. More information  

We invite you to read our privacy policy for full details of how we process your personal data.

A full overview of the cookies we use on our website and their respective names and purposes can be found hereunder:

 

 Cookie name Purpose / Supplier
__troruid Cookie for marketing profiling
__trosync Cookie for marketing profiling
JSESSIONID User Session Cookie
ggbackurl URL type “Back” in current page
ggcategoryurl URL type “Category” in current page
gghomeurl URL type “home” in current page
site_abbreviation ID for Country / language
….-<countryCode>-cookieaccepted Acceptance for the cookies policy
ide Cookie for marketing profiling form doubleclick.net
__sonar Cookie for marketing profiling form doubleclick.net
__utma Cookies for user statistics
__utmb Cookies for user statistics
__utmc Cookies for user statistics
__utmz Cookies for user statistics
_utmt_ua_xxxxxxxx-y Cookies for user statistics
_drt_ Cookie for marketing profiling form doubleclick.net
id Cookie for marketing profiling form doubleclick.net
….-<countryCode>-cart User cart Cookie
….-<countryCode>-recentlyViewed User recently viewed items Cookie
…… To enable Single Sign ON
acceleratorSecureGUID To minimize the risk of session stealing
m-xxxxxxxx This is not from Hybris
_ga This is not from Hybris
_dc_gtm_UA-XXXXXXX-X Cookies for user statistics