WEB POLICIES

Joyería Tous S.A. (hereinafter “TOUS”) facilitates the access of customers and visitors to the “MYTOUS” Loyalty Program via the www.tous.com portal and at TOUS points of sale. The loyalty program offers a range of benefits, which will be posted both on our website (except for countries with an international website), and in the establishments listed below. Customers who are interested in this Program can register as members and (hereinafter “the User” and/or “the Users”), and find all related information on the TOUS website and at TOUS points of sale. Registration is free of charge and is subject to the conditions detailed in this document (hereinafter “Terms and Conditions”). 

Users can check any query related to the processing of their personal data and on the program by sending an email to info@tous.com, or they can cancel their membership of the “MYTOUS” Program by sending an email to: dataprotection@tous.com. There is no penalty for canceling membership.

TOUS sales points connected to the Program, and referred to throughout these Terms & Conditions, include all TOUS stores in Spain (Iberian peninsula, Canary Islands, Balearic Islands and Ceuta and TOUS stands in El Corte Inglés), as well as TOUS stores in Portugal, Mexico, the USA, Columbia, Puerto Rico, Costa Rica and Chile - including TOUS stands in Palacio del Hierro, Bloomingdale’s and Falabella - (hereinafter, they are all referred to as “TOUS Stores”), with the exception of TOUS Rolex stores. Registration into the Program will be possible in the case of Outlet stores, but not the delivery of promotional gifts. As for stores located at airports, the MYTOUS Program only applies to the following:

- Palma de Mallorca Airport - Son Sant Joan,  Módulo D, Joyería TOUS – 07611 Palma de Mallorca.
- Madrid Adolfo Suárez Airport – Barajas, T3, Planta 1ª, Local 71061-T, Joyería TOUS - 28042 Madrid.
- Porto Airport - Francisco Sá Carneiro, EC 27 Piso 2 – 4470 558 Maia.
- Lisbon Airport - Humberto Delgado, loja 1034 - 1700 111 Lisbon. 

TOUS aims to make the “MYTOUS” loyalty program available in other countries, too. Therefore, TOUS may make modifications to the above, and new openings may be added. 

The various countries participating in the MYTOUS program may have differing versions of the loyalty program. However, all versions are compatible with each other, as they allow the User to accumulate points within the program they have subscribed to. In any case, the benefits obtained, as well as the conditions of point expiry, will be implemented in accordance with the version of the MYTOUS program in force in the User’s country of registration.

TOUS reserves the right to change, suspend or cancel the “MYTOUS” Program at any time, in addition to the Terms and Conditions and/or any of the benefits associated with membership of the same, informing Users by email and/or other means provided by the User. Without prejudice to the above, the latest version of the Terms and Conditions can be consulted at www.tous.com. In case of force majeure, the “MYTOUS” Program may be suspended or cancelled at any time without giving Users any prior notice. In this situation, TOUS will subsequently notify the User of the reasons for the temporary suspension or cancellation of the “MYTOUS” program. The modification or cancellation of the “MYTOUS” Program does not give the User any rights to compensation.

Due to the nature of the “MYTOUS” Program, the titleholder must take into account that the benefits publicized at any given time are those that are in effect. TOUS will inform its members, at any given moment, of any change in the “MYTOUS” Program so that they may be aware of the applicable terms and conditions at all times.

TOUS reserves the right to suspend a User’s access to the “MYTOUS” Program without prior notice, as well as to cancel associated advantages and benefits, in the event of non-compliance with the requirements of these Terms and Conditions or use of the same in bad faith or in a fraudulent manner. In such an event, the User will be duly informed of the termination of the “MYTOUS” Program at a later date.

TOUS cannot guarantee the availability or continued operation of the “MYTOUS” Program, specifically when there is a technical malfunction of the computer systems, servers, computer equipment, Internet malfunction, destruction of data due to hacking or error, or any other kind of technical issue that may occur. Whenever possible, TOUS will notify the User of any interruptions to the “MYTOUS” Program. TOUS will not accept responsibility for damages of any nature that occur as a consequence of a lack of availability or continued operation of the “MYTOUS” Program.

Access to the “MYTOUS” Program is conditional upon the User’s acceptance of the Terms and Conditions and the Privacy Policy. The User, on accepting the current Terms and Conditions, declares to be of legal age and have sufficient legal capacity to be associated with the same. Legal entities and juridical persons may not register on the “MYTOUS” Program. 

TOUS reserves the right to verify the age of the Users registered in the “MYTOUS” Program at any time through reliable means to prove that the User is of required legal age. The User accepts explicitly and without exceptions that access to the “MYTOUS” Program and the use of its services and contents are done so under their sole and exclusive responsibility. 

The User can register as a member of the “MYTOUS” Program via the www.tous.com website, as well as in any of the TOUS Stores identified in these Terms and Condition. 

It is the responsibility of the User to read these Terms and Conditions of use of the “MYTOUS” Program. In any case, updated access to them is always available at the website www.tous.com. TOUS will send Users an email with the updated Terms and Conditions so that they may consult the new rules applicable to the “MYTOUS” Program. 

The registered User should show due diligence to prevent the access and/or use of the “MYTOUS” Program by third parties who use their codes or passwords in their name. The User account created for the “MYTOUS” Program is personal and non-transferable. For this reason, TOUS reserves the right to verify the identity of Users of the service at any time for any issue related to the “MYTOUS” Program. 

a) Online registration

The User can register for the “MYTOUS” Program via the website at www.tous.com, by completing a registration form and accepting the Terms and Conditions and the General Privacy Policy.

Registration will allow Users to create a username (email) and a password, chosen by the User, allowing them access to their account on future occasions, as well as to manage the information previously provided.

Once registered in the online store, the User will have access to their personal information and the information associated with their account, either via the website www.tous.com, or through the TOUS Stores identified in the current Terms and Conditions, with the help of staff at these Stores.

b) Store registration

The User can register in any TOUS Store by providing the information required by the staff at the store and accepting the current Terms and Conditions of the “MYTOUS” Program. 

Once the User has registered at a TOUS Store, a username and password will not be necessary for identification in any of the TOUS Stores. In order to identify the User, TOUS Store staff may ask for any document that they consider necessary with the aim of verifying the User’s identity. 

Users who register at TOUS Stores do not have access to their “MYTOUS” space online. This access can be achieved by registering online at any time via www.tous.com, as set out in the previous section related to online registration. 

The appropriate use of the “MYTOUS” Program and the safeguarding of access codes and passwords is the sole responsibility of the registered User at all times. These may not be used for any unlawful purpose or for reasons contrary to the provisions established in these Terms & Conditions, as well as in the General Privacy Policy. 

TOUS guarantees full and complete compliance with the obligations stipulated by current regulations on data protection.

The User will need to submit their personal data through an online registration form for the “MYTOUS” Program. Acceptance of the General Privacy Policy, which is included in this form, is essential for this subscription and for participation in promotions and benefits available at any time. The aforementioned data will be incorporated into a file owned by Joyería TOUS, S.A.

The information facilitated by the User upon registration, as well as other information collected through purchases and/or transactions for such purchases, may be used for the purpose of market segmentation on the preferences and tastes of Users. Likewise, if Users have expressly marked the checkbox created for said purpose, their personal data may also be processed in order to offer them products and services adapted to the preferences shown.

All communications received due to being a member of the “MYTOUS” Program may be adapted and personalized according to the interests of Users, whether that be based on products and services requested, on data that can be deduced or obtained from search history, interest in certain content and reaction to contact from TOUS, amongst others. The aforementioned personalization is carried out, in part, in an automated way, in the sense that TOUS determines the personalization parameters, but it is the technological platform that generates the User profile.

TOUS does not send out communications that are not segmented by means of the above procedure, as it believes that it is in both TOUS’s and Users’ interests to send or receive information that may be relevant.

Users may, at any time, modify their personal data and withdraw their consent to receiving personalized commercial communications via the link provided for this purpose in the “Your account” section of their profile on the TOUS website. You can obtain more information about the privacy of your data from our TOUS Group General Privacy Policy, available on the company website https://www.tous.com/es-es/policies/privacy-policy. The country selector at the bottom of the page will allow you to access the General Privacy Policy for each country.

On completion of the registration form, “MYTOUS” Program Users declare to have read and accepted the Terms and Conditions of the Program and the General Privacy Policy of the TOUS Group. These conditions can be checked in any TOUS Store, as well as through our website: www.tous.com.

In any event, Users of the “MYTOUS” Program may exercise, at any time, their rights to access, rectification, deletion, limitation of processing, data portability and objection before the data controller, by sending a written request by email to dataprotection@tous.com, or by post to the following address: Joyería TOUS, S.A., Customer Services, Ref: “Personal data” Carretera de Vic, El Guix 3, 08243 Manresa (Barcelona), Spain, stating their first name, last name and proof of identity, as well as information regarding their request.

TOUS cannot be held liable for the veracity of data provided by Users through the website.

Registration forms are not intended for the use of minors. It is therefore necessary to state your date of birth during registration. TOUS cannot be held responsible for cases in which minors have submitted personal information through this website. Anyone who has or exercises custody and/or is the legal guardian of the minor will be able to exercise the right to access, rectification, deletion, limitation of processing, portability and objection to the processing of their data, by sending a written request, including name, surnames and ID number, to the address mentioned in the previous paragraph.

The information of Users registered at TOUS stands located in the El Corte Inglés, and who have expressly given consent by accepting the checkbox for such effect, will be transferred to Financiera El Corte Inglés, EFC, S.A. with registered address at Calle Hermosilla, 112, 28009 Madrid, as well as to the companies of Grupo El Corte Inglés, whose current structure and operation is shown in detail on the website www.elcorteinglescorporativo.es. The purpose of this transfer of information is the realization of marketing studies, and, in cases where the User has expressly accepted the checkbox “I would like to receive promotional messages”, to develop promotional activities, whether in a general nature or adapted to personal preferences on travel, insurance, financial products and retail of goods and services. The User may exercise their right to access, rectification, cancellation or opposition by contacting El Corte Inglés, S.A:, Ref.: LOPD, calle Hermosilla, 112. 28009-Madrid, under the terms of current law.

The benefits available to Users of the “MYTOUS” Program are detailed below. In order to take advantage of these benefits, the User must always identify themselves as a member of the “MYTOUS” Program.

Users of the “MYTOUS” Program can achieve 3 levels according to the points (hereinafter referred to as “GEMS”) they have obtained from the types of benefits available at each level.

Gems that enable the User to go up a level can be obtained from the User’s purchases or interactions with TOUS. The rules and procedures of the program are detailed below:

When a User joins the “MYTOUS” Program, they start with 0 gems at level 1 Fan. Upon subscription, the User will receive additional gems for purchases of TOUS products and interactions with the brand, both in TOUS Stores and in the online store of those countries that have the “MYTOUS” Program. This is why it is essential for the User to identify themselves as a Loyalty Program member. 

The User will be entitled to a series of advantages for each Fan level, as described below. Additional gems are obtained within the Program in accordance with the following rules: 

• PER PURCHASE: the User will receive one program gem for each dollar ($) spent. 
• PERSONAL MOMENTS: the User will be awarded the following gems for: 

• • Adding your ring size (once) ➝ 10 gems 
  • Adding your favorite material (gold, silver, silver vermeil) ➝ 10 gems 
  • Adding your favorite accessory ➝ 10 gems 
  • Adding special moments; anniversary, birth of child, your wedding day, and others. (Max 3) ➝ 10 gems 
  • For choosing between an iconic vs. trendy item ➝ 10 gems
    IMPORTANT: This option will also allow TOUS to remind the User of these special moments by sending personalized communications. 

• SHARED MOMENTS: the User will be awarded the following gems for: 

• • Registering a friend in the Loyalty Program ➝ 25 gems 

• MOMENTS WITH THE BRAND: the User will be awarded the following gems for: 

• • Subscribing to segmented communications (NL, SMS, Push) ➝ 10 gems 
  • Identifying your nearest TOUS store ➝ 10 gems 
  • Completing a survey sent by TOUS ➝ 15 gems 
  • Your program anniversary ➝ 15 gems 

The GEMS that have been accumulated by the User following the above dynamics will expire after twenty-four (24) months from their acquisition. 

In line with the above, in the event that the User descends in level, they will need to accumulate points again for non-rated purchases and interactions. The benefits that the User may have due to the level previously achieved will not be preserved. Likewise, when the User returns a TOUS product, the amount of said product will be deducted from the total calculation of accumulated gems generated in the “MYTOUS” Program. 

The advantages to be obtained by the User at each level can be achieved free of charge when the Users reaches the total number of gems required, as defined above. The User will be able to enjoy basic advantages obtained by simply registering in the Program, as well as specific advantages by progressing through the levels.

The User may only make a single use of the gift/advantage awarded on each level, until all the gifts/advantages that correspond to them for having reached the specific level have been used up/spent.

TOUS reserves the right to change the elements of these advantages at any time, as well as the value of the points=gems. 

BASIC ADVANTAGES:

1. My virtual jewelry box
The virtual jewelry box is available by accessing “MYTOUS” on the www.tous.com website, or by making a request through store staff at TOUS Stores participating in the Program. It is a space that collects the information detailed below about TOUS® brand products purchased both at TOUS Stores, participating in the “MYTOUS” Program, and the online Store. If the purchase is made at a physical store, the items will be added to the User’s virtual jewelry box, provided that the User requests this and identifies themselves as a member of the “MYTOUS” Program prior to completing the purchase

In this regard, TOUS would like to point out that the procedure mentioned above may take some time, even up to a day, approximately, depending on the method used by the User.

The information contained in the virtual jewelry box about the User’s items will be as follows: name of the product, photo of the product (if unavailable, a generic photo will be used), retail price at the time of the purchase, date of purchase and size (when relevant). In addition, the User will have the chance to include their reason for the purchase of this item as well as to add any comments they wish.

Only confirmed purchases made by the User (where the User identifies themselves as a Program member) will be included in this virtual jewelry box, including any previous purchase history, even though the User was not yet part of the “MYTOUS” Program. In this way, the items will be viewable in the virtual jewelry box once the User has joined the Program. When the User returns an item, it will be removed from the virtual jewelry box. The inclusion of items in the virtual jewelry box does not amount to, nor does it substitute, any Quality Certificate for the item.

2. Pre-sale collections 
At certain times of the year, MYTOUS Program Users will be able to access and purchase specific collections before other customers. For these purposes, the User will be informed by email or the channel provided during registration. 

3. Share your points = gems
The User may share their gems with a friend, family member or whomsoever they wish (as long as this person is also part of the loyalty program), so that they can enjoy exclusive benefits and services. By giving them away, the gems will be deducted from the User’s MYTOUS account and it may mean downgrading the User from the level obtained prior to donating the points.

The User must donate the program gems through the website: by logging into their MYTOUS personal area and stating the email address of the other user to whom the points are to be given. If within forty-eight hours (48 h.) the user receiving the points has not accepted this gift, or does not appear in the loyalty program database, the points will be returned to the User making the gift.

4. My birthday
The User may receive a gift during their birthday month (only one gift will be given per year).

If this gift is not in stock at the time of fulfilling the requirements for obtaining it, TOUS may present an item of equivalent value.

The birthday gift can be obtained in person by visiting any of the TOUS Stores participating in the “MYTOUS” Program and by making a purchase of no minimum value in the case of Spain and Mexico, above €100 in the case of Portugal, $150,000 in Chile, $650,000 in Colombia and ₡250 in Costa Rica, or $249 in the cases of the USA and Puerto Rico.

5. Competitions
Registered users of the “MYTOUS” Program can participate in the competitions and draws that regularly appear on the website. These are exclusive to members of the “MYTOUS” Program, who will be eligible for the prizes explained in each case in the terms and conditions of the competition or draw.

Users can participate in the competitions and draws through the section “MYTOUS” on the TOUS website at www.tous.es and through the TOUS Jewelry Facebook page in the section “MYTOUS Competition”.

The conditions for participation, the procedures of the various competitions or draws, prizes and other conditions will be established in the specific rules defined for this purpose, which will be published on the corporate website. 

6. Welcome 10% 
The User will enjoy a 10% discount on the purchase following registration for the TOUS Newsletter channel, i.e. by accepting the reception of commercial communications related to TOUS products and the latest personalized news adapted to the User’s preferences.

The User will receive the discount code with the Newsletter welcome email. This code can only be used once, within 14 days of receiving the welcome email.

7. Welcome Gems 
By registering in the MYTOUS Program, the User will automatically benefit from ten (15) extra welcome gems, without the need to make any purchase.

8. Exclusive surprises 
Throughout the year and depending on their level, the User will receive specific surprises and discounts, of which the Users will be duly informed through the usual communication channels. 
TOUS reserves the right to change the elements of these advantages at any time. 

ADVANTAGES BY LEVEL:
1. TOUS Life (after-sales service) 
With the MYTOUS Program, the User will benefit from after-sales service of a higher standard for the care of their jewelry. This advantage includes the maintenance of their TOUS jewelry.

The User will have one of two types of guarantee depending upon their level. In general, for jewelry purchased less than two years previously (2 years), the after-sales services of this piece will enjoy the additional benefits of TOUS after-sales service.

Furthermore, once two years from the purchase of a specific piece of jewelry have passed, and depending on the User’s level, the “TOUS Life” benefit will be applied as follows: 

The maximum number of refills will be counted from January 1st to December 31st of the same year. So that, at the beginning of each year, the counter of refills to be requested will return to 0 and the user will be able to enjoy this benefit again, depending on the level he/she has at that moment within the loyalty program. 

In the following web page you can review the details of the services included in each of the levels mentioned above: www.tous.com/us-en/tous-life-mytous  

2. Free shipping
Depending on their level, the User will enjoy some free shippings. In this way, Users of the Fan level will obtain the following “Free shipping” advantage:

3. Events
Starting at FAN level (level 1), the User will have the benefit of being able to attend virtual events of all kinds. When the User progresses to Lover level (level 2), TOUS will send them invitations to VIP event celebrations. 

4. Experience raffles

At EXPERT level (level 3), the User will be able to take part in raffles of all kinds of experiences.  

Registered users of the “MYTOUS” Program can participate in the exclusive competitions that appear regularly on the website. These will be announced at the same time in the TOUS Newsletter. MYTOUS Users will be eligible for prizes according to the conditions laid down in each case. 

Users can participate in the competitions through the “MYTOUS” section on the TOUS website at www.tous.com and through the TOUS Jewelry Facebook page in the section “MYTOUS Competition”. 

The conditions for participation, as well as the procedures of the various competitions or draws, prizes and other conditions shall be laid down in specific rules to be defined for this purpose. 

The relationship between TOUS and the User shall be governed by the applicable Spanish law and any controversy shall be submitted to the Courts of the User’s residence.
TOUS shall prosecute any non-compliance with these Terms and Conditions, as well as any undue use of the website using all of the civil and penal recourse that may correspond and exist in law.
The European Commission provides a platform that consumers can use to resolve claims regarding online purchases available at the following link: http://ec.europa.eu/consumers/odr/