WEB POLICIES

The right to privacy and, in particular, the right to personal data protection, is one of the basic principles of Joyería TOUS, S.A., part of the TOUS Group (hereinafter, “TOUS”), with registered address at Carretera de Vic - El Guix Km 3 · 08243 Manresa, Barcelona, which is included in its Code of Ethics, available on the corporate website.

The purpose of this General Privacy Policy (hereinafter, the “Policy”) is to explain how TOUS processes any personal data collected through the various forms which appear on TOUS websites.

This Policy applies only to this Website and not to the Websites owned by third parties. From this website, TOUS will provide links to other pages that it considers of interest to its visitors. TOUS aims to guarantee the highest privacy standards of these pages.

In particular, this TOUS website is supported by the GLOBAL-E SPAIN, S.L. platform (hereinafter Global-e) in the management of your purchase and in maintaining you informed on the progress of your order. With regard to these processes, the privacy policy that will govern will be that of Global-e, which can be consulted during the purchase process by customers to ensure their knowledge and understanding of the processing of their data.

However, due to the very nature of the Internet, TOUS cannot guarantee privacy levels on these Websites, nor can it be held responsible for the contents of the pages that are not owned by TOUS.

TOUS is fully committed to regulatory compliance, especially the General Data Protection Regulation of the European Union (“GDPR”) and the regulations related to personal data protection in effect at all times. This is a priority objective for the Group.

For this reason, TOUS has decided to implement the following principles, with all instances of processing being carried out with privacy as the base of their configuration:

• Transparency in data processing is one of TOUS’s priorities. Thus, whenever gathering personal data is necessary, it will duly inform you when this occurs through the corresponding privacy policy, including, among other aspects, the purposes of said processing.
• Processing only the personal data that is strictly necessary to provide the service you request, when applicable.
• Accessibility and proactivity, whenever possible, to make simple means of controlling your personal data available to you.
• Not transferring your personal data to third parties, except to suppliers who provide a service to TOUS, or of whom TOUS has previously informed you of and received your consent in this regard.
• Confidentiality of any personal data collected and processed by TOUS by guaranteeing the adoption of appropriate security measures for their protection.

TOUS collects your personal data in order to, among other purposes, manage your requests and offer you the services and products that may be of interest to you. Specifically, TOUS will process your personal data for the following purposes:

1. Address your inquiries, questions or requests made through the customer service or communication channels identified on each website and to contact you to resolve them.
2. Manage your registration on the TOUS database.
3. Allow you to make purchases on the TOUS website and Global-e.
4. Send transaction-related communications in relation to your purchase.
5. Manage user participation in TOUS loyalty programs.
6. Manage billing for accounting purposes.
7. Comply with the applicable legal obligations, both regarding taxation and in the area of the prevention of money laundering and terrorist financing.
8. Process the warranty of products purchased at TOUS.
9. Manage your data to send you business information.
10. Obtain information regarding your tastes and preferences from your purchase history and wishlist.
11. Send information from the TOUS Group that may be considered of special interest to our stakeholders.

Likewise, while we manage your purchase, either from TOUS or Global-e, we may send you transactional communications in relation to the execution of your purchase and delivery of the order, as they are necessary for the execution of the contracted service.

TOUS will only process personal data that you have voluntarily disclosed to us or provided to us through third parties that manage payment gateways or intervene during the purchase processes (e.g. GLOBAL-E SPAIN, S.L.).

In accordance with current regulations on data protection, as well as on information society and e-commerce services, TOUS will inform you that said personal data provided at the time of registration or in the purchase process will be processed by this company.

The following data may be requested from you:

• Identification information. Information concerning an individual that allows them to be distinguished from others in a community, such as: name; handwritten and electronic signature; tax ID number; place and date of birth; nationality; photograph; age.
• Contact details. Information that allows you to keep in touch with, or enter into contact with, the holder, such as: address, email, landline or cell phone.
• Data on physical characteristics. Information about an individual relating to their physiognomy, anatomy, specific features or characteristics, such as measurements, required for the manufacture of personalized products.
• Wealth or financial data. If necessary, information concerning an individual relating to their assets, rights, charges or obligations subject to economic valuation.

Processing your personal data may be necessary to fulfill certain legal obligations or in relation to a contractual relationship that TOUS could have with you. In other cases, whenever appropriate, TOUS will request your consent to process your personal data or they will be considered protected in the legitimate interest of the company.

In this sense, below are the applicable standing rules for each of the purposes indicated in point 4 of this Policy.

 TOUS specifically reflects on the value of the legitimate interest that supports it in terms of the processing of personal data based on its legitimate interest, as well as the possible existence of any damage or interest contrary to the interests of the user. Should you require further information on these conclusions, contact the Data Protection Officer at the address indicated below. 

Within the framework of its promotional activity, TOUS can provide you with resources for signing up for or subscribing to news or commercial information related to the TOUS Group. Said resources shall always be subject to your prior and expressed consent to send them.

The contact channels available for sending commercial communications are the following: email, telephone, SMS, push notifications (App) and WhatsApp, along with other similar means of communication.

In the event that you have authorized it, TOUS will send you information on products, activities and personalized services, based on your tastes and preferences. Likewise, you may receive information related to TOUS competitions and/or sweepstakes, as well as its corporate events.

You may revoke your consent to receive promotional messages at any time through the link or button enabled for this purpose in each of the communications, or by directly communicating your wish to revoke your consent through the following channels:

(i). Email that must sent to the following address: dataprotection@tous.com          

(ii). Mail addressed to Joyería Tous, S.A., Carretera de Vic, El Guix 3, 08243 Manresa (Spain)

TOUS will obtain your expressed consent for the processing of your personal data in order to adopt automated decision making and/or profiling.

For the provision of some services, TOUS may process your personal data through automated means. This means that certain decisions are made automatically, without human involvement. For example, if you have products in your shopping cart or on your wishlist or when your order has left the TOUS facilities, you will receive specific communications.

Another process that TOUS may perform with your data is the creation of profiles in order to predict your behavior on the website. As a result, you will receive personalized marketing communications, and/or products that may be of interest to you will be displayed on the main page, based on the preferences you have shown in your previous purchases, through your browsing or information obtained through cookies.

You can review the applicable Cookies Policy at the following link: https://www.tous.com/sa-en/policies/cookies-policy. Similarly, you can contact TOUS with any questions or concerns related to the processing of your personal data at the following address: dataprotection@tous.com.     

TOUS undertakes to process your personal data for the period of time in which they are useful and necessary, in order to offer you quality service gained from the processing of them. For this reason, TOUS will make all reasonable and timely efforts to minimize the processing and the storage period of your personal data.

In any case, and even if you request the erasure of your personal data, TOUS will have the right to store and maintain them, subject to the corresponding blocking, for the period necessary to comply with its corresponding legal obligations, as well as to make them available to the competent Authorities in the different matters that are applicable.

As a result of the processing of your personal data by TOUS, current legislation grants you a series of rights. Here, TOUS offers a summarized explanation of each right to facilitate its exercise:

1. Right of access: You will have the right to know the personal data that is processed by TOUS, as well as the purposes of such processing; you may also request a copy of your personal data that is the subject of processing.
2. Right of rectification: You can request that your personal data be corrected at any time if the data appearing in the TOUS records are incorrect.
3. Right of erasure: You may request, at any time, that your personal data be erased from TOUS files. However, as previously stated, it should be taken into account that in certain circumstances, compliance with current legislation may prevent the effective exercise of this right.
4. Right of objection: You can object to the processing of your personal data in certain circumstances and for reasons related to your particular situation. In this regard, TOUS will cease to process your data, except for compelling legitimate reasons, or the exercise or defense of possible claims.
5. Right of restriction of processing: You may request the restriction of processing in the following cases: 

1. 1. When you consider that the data that TOUS keeps about you is not correct or accurate;
   2. When, even though you consider that TOUS is not processing your data legitimately, you prefer that its processing be limited to its elimination;
   3. When the data that TOUS maintains is no longer necessary, according to the purpose for which they were collected, but you need them to be kept to file legal claims;
   4. When, having exercised the right to objection to any processing, TOUS has not yet responded.

6. Right to the portability of your data: You will have the right to, whenever technically possible and reasonable, request that the personal data you have provided be directly communicated to another controller. If this is possible, TOUS will provide your data directly to said other controller. If that is not possible, you will be provided with them in a standard format.

As long as TOUS processes your personal data based on your expressed consent, you may revoke it at any time, without any consequences for you beyond being unable to provide you with certain services, depending on the right exercised.

The exercise of the rights you hold may be made effective by contacting TOUS through any of the following means, upon appropriate identification:

(i) By email that must sent to the following address: dataprotection@tous.com

(ii) By mail addressed to Carretera de Vic, El Guix 3, 08243 Manresa (Spain)

Furthermore, if you consider it necessary, you can contact the TOUS Data Protection Officer (DPO) at the following email address: dpo@tous.com.

In the event that you do not want to exercise a specific right, but you need to make a query or suggestion in relation to the processing of your personal data, you may also contact the addresses provided for the exercise of rights regarding personal data protection.

If you decide to exercise your rights, our team will be able to inform you, if requested, about: (i) the information that you must provide in order to prove your identity or the capacity of your representative, and the information or documentation that must accompany the request; (ii) the time it will take for TOUS to respond to your request; (iii) the way in which you must submit your request, including the form, if one is available; and (iv) the type or means of reproduction that TOUS will use to make the requested information available to you (which will generally be simple copies or electronic documents).

Please note that, in any case, you may file a claim with the Competent Data Protection Authority if you believe that TOUS has not processed your data in a lawful manner or has not properly addressed your requests or rights.

Joyería TOUS, S.A., adheres to the Code of Conduct for Data Protection in the Advertising Activity of AUTOCONTROL, accredited by the Spanish Data Protection Agency and is therefore linked to its out-of-court claims processing system when they relate to data protection and advertising, available to interested parties on the website https://www.autocontrol.es/servicios/reclamaciones-de-proteccion-datos-y-publicidad/usuarios/.

Your personal data is very important to TOUS. Thus, it undertakes to process them with the utmost confidentiality and discretion, as well as to implement all security measures it deems appropriate and reasonable.

In this regard, TOUS declares and warrants that it has established all the technical means within its reach to avoid the loss, misuse, alteration, unauthorized access and theft of the data provided by users. Likewise, TOUS constantly reviews its security measures to ensure that they are always up to date.

Social networks are part of the everyday activities of many Internet users. For that reason, TOUS has created several different profiles on them.

All users have the opportunity to join the TOUS pages or groups on different social networks. Nonetheless, you should keep in mind that, unless we request your data directly (for example, through marketing actions, contests, promotions, or any other valid form), your data will belong to the corresponding social network. Therefore, it is recommended that you carefully read their terms of use and privacy policies, as well as make sure that you set your preferences regarding data processing.

Your personal data will not be transferred to any third party, except to government agencies and authorities in those cases where a legal rule establishes it; as well as to those providers whose intervention is necessary for the provision of the services.

In particular, your personal data will be transferred to Global-e, which is the entity responsible for managing the purchase and delivery process of your order. For more information on how this partner processes the data, please refer to its Privacy Policy.

As a general rule, TOUS attempts to keep your personal data within the European Union (EU) or the European Economic Area (EEA). Nonetheless, TOUS may sometimes exceptionally need to provide them to other companies in the Group or to service providers located in other countries, either as a result of the need to provide the requested service or to be able to provide the service with the highest quality standards, or to assess or complete a business relationship or corporate transaction when necessary.

In these situations, TOUS guarantees the application of all necessary measures and controls to guarantee and protect the processing of your personal data, such as:

1. Transfer to countries that, despite not being part of the EU or EEA, have been considered by the European Commission as having data protection regulations that guarantee a level of security similar to that applicable in Europe.
2. Existence of standard contractual clauses approved by the European Commission to ensure that companies from third countries that are not part of the EU or EEA provide a similar level of protection. TOUS will sign these agreements as long as there is no equivalent alternative that guarantees the protection of its personal data.
3. Definition of binding corporate rules (BCRs) that are approved by the companies and are reviewed and approved by the control authorities in order to ensure that the company to which we provide your data provides, in any country, an adequate level of protection.
4. In certain cases, the company to which TOUS provides the data may have data protection certifications that guarantee the correct use of your data, in accordance with current regulations.

You may request information about said guarantees from the addresses listed below. 

If you have any questions or concerns about the processing of your personal data, please contact us through:

(i) Email that must be sent to the following address: dataprotection@tous.com

(ii) Web contact forms

(ii) By mail addressed to Carretera de Vic, El Guix 3, 08243 Manresa (Spain)

(iv) DPO contact information: dpo@tous.com