NOTICE IN COMPLIANCE WITH THE REGULATION UE 2016/679 WITH REGARD TO PROCESSING OF PERSONAL DATA 

LM Europe SA, with registered office in Via Livio, 1 – 6830 Chiasso – Switzerland (hereinafter “LM”) recognizes the importance of protecting your Personal Data of its own customers and for this reason adopts this specific Privacy Policy describing how LM collects such information, how LM uses it and to whom and under what circumstances LM may disclose it including security measures to protect your Personal Data.

This Privacy Policy was drawn up and your Personal Data will be processed in compliance with the EU Regulation 2016/679 and Privacy Swiss law (LPD 9.06.1992).

Personal data, means any information relating to an identified or identifiable natural person ("Data subject"); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. 

 

 

1. Data collection
1.1 The Personal Data will be transferred and processed for specific and legitimate purposes only. Personal Data may include, your name, postal address, postal code, email address, telephone number, date of birth, payment information, demographic information, details on items purchased, and any other information you choose to provide us.

1.2 LM, as data controller, will collect and use your Personal Data, with your prior express consent, in order to allow your online purchases on the web site www.lamartina.com (hereinafter the “Website”) and, with your prior express consent: 

(i) for the marketing purposes including assessing the customer’s satisfaction, carrying out market surveys and polls, promotions and offering products by sending short e-mail, SMS, newsletter notice messages, or employing traditional methods, regarding LM or products and services offered by the partners of LM;

(ii)for profiling and/or market analysis activities with the purpose of receiving promotions, discounts and focused communications based on the provided data;

(iii) for international transfer, storing and processing of the personal data located in different places worldwide. 

 1.3 The denial will not involve any consequence, except for the impossibility of being included in statistical analysis and/or profiling and to receive promotions, discounts and focused communications, based on the provided data, or to be informed on any marketing and promotional/advertisement initiatives. We may collect the following categories of personal data: 

  • registration data uploaded when the user creates an account on our Website, which may include name and surname, home address, sex, date of birth, state of birth, e-mail address, username and password;

  • data of the transaction uploaded when one of our products is purchased through Website, which may include also information on the purchased products and the payment information;

  • information on the location of the user at the moment of the visit to our Website;

  • registration data when the user participates in contest and promotion organized by LM.

 1.4 The Personal Data you provide may be used and processed by LM for the following main purposes:

a) create your account on the Website

b) manage your online purchase request;

c) process the order and on-line services activity;

d) comunicate with LM via social media site;

e) participate in contest and promotion;

f) manage communication, market analysis, research, newsletter, profiling, promotional materials and mailing with LM;

g) apply for a job;

h) compliance with laws;

We use your personal data for the performance of the purchase contract, the management of the customer database, the technical management and the further development of the Website.

1.5 LM will process your personal data only after receiving your consent, freely and unambiguously expressed, in order to send you advertising material and direct marketing or other commercial communications, including by e-mail, which do not fall within customer requested services.

Each time your consent is required, we will inform you in advance and we will give you the option to either provide or refuse your consent for the use of your personal data, including your email address, for the above purposes, by ticking the appropriate boxes.

We wish to inform you that we may process your personal data also without your consent in certain circumstances provided by law, such as when such processing is necessary for performing a legal obligation to which we are subject or when such processing is necessary for performing obligations undertaken in contracts with the users

1.6 With your optional consent, your Personal data may be used by LM for marketing purposes, such as mailing and direct e-mailing, communications and invitation in order to offer you customized services, as described at above mentioned point d), e) and f). This type of Personal data can be defined as “Optional information”, for this reason you can at any time revoke the use of your Personal Data for marketing purposes by sending a communication to: LM Europe SA, Via Livio, 1 - 6830 Chiasso - Switzerland, Phone: 0041 091 6905100 – Fax: 0041 091 6905109 e-mail: privacy@lamartina.eu In some cases, you may provide information to us about third parties (i.e. gift). In such cases, you have to obtain specific authorization from these parties to provide us with their personal information. 

1.7 Soft spamming. limited to the e-mail address provided by the user while purchasing a product, the provided data may be employed for allowing the direct offer by LM of similar products and services (so-called soft spamming), without prejudice for the right of the user to oppose such processing.

 

 

2. Data processing

The Personal Data will be collected through electronic or paper process under specific secured system. The Personal data will be also processed through CRM (Customer Relationship Management) system directly managed by LM or data processor. The customers database is located in the European Union. (hereinafter the “Database”). The Personal Data will be processed by LM’s employees and/or business partner specifically appointed as data controller, therefore LM can also share your personal data with following third parties:

(a) to any entity (Public Authorities includes) which may access to the personal data based on statutory and administrative provisions;

(b) to any public and/or private subject, individuals and/or entities (legal, administrative and tax consultancy firms, Judicial Authorities, Chamber of Commerce, Labour Authorities, etc.), if the disclosure is required or functional for the correct performance of the contractual obligations, and also of the statutory obligations;

(c) external trusted subjects which are entrusted by LM with certain task or parts thereof, that are required for supplying or distributing the products (for example: IT Providers, hosting companies, project managers, programmers, system experts and database administrators), or whose activity is connected, instrumental or supportive of that performed by LM (for example, subjects to whom LM can assign customer care activities; subjects who carry out technical or organizational type of activities, such as press services, mailing, transmission, transport, and sorting of communications; consultants).

(d) US direct ecommerce limited – 110-115 Airiside Business Park, Swords, County Dubin, Ireland.

Lm Affiliates:

(I) Besting Limited - 86 Jermyn Street - London - UK 

(ii) LM Retail S.r.l. - Piazza Repubblica, 32 - Milano - Italy

(iii) LM Deutschland - Kaiser Wilhelm Ring 14 - Düsseldorf - Germany

(iv) Quilate Services SA - Via Livio, 1 - 6830 Chiasso - Switzerlan

(v) Lanes SA - Fragata Pte. Samiento 2064 - Bueno Aires – Argentina

Personal data will be disclosed to third parties – through electronic support - that provide, on behalf of LM, specific services as data processors only to enable a correct execution of the contract for purchasing products in the Store and for marketing purpose as above mentioned. Personal data will not be disclosed, disseminated, transferred to other third parties without informing and obtaining your express consent. 

 

 

3. Data storage
3.1 The Personal data will be stored – except Optional Information duly authorized - at LM’s database for the time due to the execution of the purchase contract only, anyway for longer than necessary for the purposes for which Personal Data are obtained. The Database is managed and maintained by LM and by third parties companies involved in the processing.

3.2 You have the right, at any time and free of charge, to contact LM to: (a) confirm and rectify your personal data; (b) verify the content, source and accuracy of your personal data; (c) update, integrate or delete your personal data; (d) obtain any other information about your personal data collected by LM. This provisions will be also applied to the Optional Information mentioned at the article 1.5 above.

3.3 Cloud. There is the possibility that LM stores personal data on a cloud, that means that the data may be managed by a provider of cloud services on behalf of LM and stored in different locations worldwide. In some cases there are possible risks for the data subject due to the absence of an adequacy decision and appropriate safeguards. If our activity implies the transfer of personal data to third parties located in different places worldwide, for the purposes described in this Privacy Policy, wherever the personal data are transferred, stored or processed by us, we shall adopt suitable organizational and contractual measures for safeguarding the personal data and we shall impose similar requirements, which are not less restrictive, to the providers of the cloud services, including the obligation to process the personal data only for the purposes listed above. Furthermore, when we use or disclose personal data transferred from countries which entered into Privacy Shield Frameworks with the USA, we comply with the Privacy Shield principles as defined by the US Department of Commerce, we adopt other measures under the legislation of the European Union for ensuring an appropriate protection, or we obtain the consent of the user.

3.4 You have the right to ask that your own Personal Data be transferred by LM to another different Data Controller by you duly indicated. 

 

 

4. Data Transfer
4.1 For the correct conclusion and execution of the purchase contract your personal data may be transferred to companies affiliated and controlled by LM and to provider - located in the European Union and United States, operating as Data Importer. Personal data may also be transferred abroad, including in or outside the European Union, to LM Affiliates or LM business partners. Any data processor acts on instruction provided by LM only.

4.2 Your personal data will not be transferred abroad to non-EU countries that do not ensure an adequate level of protection of individuals. Should this be necessary in order to supply services or to execute a contract for the purchase of products, LM - as data exporter - will ensure that such personal data is processed in accordance with this Privacy policy. In the absence of local privacy law that guarantees adequate protection to your Personal Data, LM will enter into agreements ensuring an adequate level of data protection.

Data exporter, means the data controller who transfers the personal data.

Data importer, means the data processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of this Privacy Policy.

 

 

5. Data Security
5.1 LM implemented reasonable and advanced technical and organizational security measures to safeguard the personal data under our custody and control, against unauthorized access, misuse, inadvertent or intentional manipulation, loss or destruction. (hereinafter “Security measures”) 
 

5.2 To provide you with increased security, the access to personal data stored in your Account is protected with username and password. (hereinafter “Credentials”) You are responsible for maintaining confidential these Account Credentials. Please notify us immediately of any unauthorized use of your credentials.

5.3 The Security measures are constantly implemented by LM to ensure an appropriate level of security regarding the risk and the nature of Personal Data. LM guarantees that all data processors – as listed in the article 2 - provide an adequate level of technical security and organizational measures to govern the processing in full compliance with this Policy. Every care is taken to protect personal data and to avoid a data protection breach.

 

 

6. Data from children
People who are below the age of sixteen (16) cannot effectively grant their consent to the collection of the Personal Data. According to the applicable Law, the Parent or Tutor must grant his consent to the collection of the personal data of the minor;

 

 

7. Data Controller and Processor
7.1 Data Controller, means a person who, either alone or jointly or in common with other persons, determines the purposes for which and the manner in which any personal data are, or are to be processed. The Data Controller is LM Europe SA with registered office in Via Livio, 1, 6830 Chiasso – Switzerland - e-mail: privacy@lamartina.eu – Phone: 0041 091 6905100 – Fax: 0041 091 6905109.

7.2 Data Processor, means and any person who processes the data on behalf of the data controller. The data processor is any LM’s employees specifically appointed as person in charge of the processing and LM’s providers for purposes related to the maintenance of the Database.

 

 

8. Cookies
8.1 On your computer you can store information that can identify you. Such information is designated by the name of “cookies”. This information helps LM to provide, improve and personalize the website.

Cookies. It’ a text file sent to your web browser and placed on your computer when you access a website. The cookies can track your activities on the Sites and across websites. Cookies also allow us and our Providers to: (a) track your activities on the websites; (b) track clicks, purchases and conversion; (c) recognize your computer or device; (d) customized content, messages and advertising; (e) preserve the contents of your shopping cart; (f) improve Site security; (g) personalize your experience on the Sites.

8.2 The website uses service providers a web analysis service of Google Inc. US as well as social plugin "like" / "like" the Facebook Inc. US (hereinafter "Providers"). These services collect information and can cookies. The information generated through your use (including, your address IP) will be transmitted to the servers of these providers, at national or international level, where they are stored and processed and can eventually be matched to your account with these providers.

8.3 Providers can use this information to analyze your use of our website, compiling reports on website activity for the operators of that site, to insert display advertising and to provide additional services related to use of the website and the Internet. Providers may also transmit this information to third parties, nationally and internationally. By using this website you agree with the processing of data collected about you in the manner described above and for the purpose mentioned before.

8.4 The main browsers accept cookies as a standard setting. It is, however, possible to configure your browser to refuse cookies or requires prior confirmation from you. Rejecting cookies may result as a consequence, the inability on your part to take advantage of the full functionality of our website. By continuing to use this website, you consent to our use of cookies as described in this Privacy Policy.

 

 

9. Data subject’s rights
You are entitled, at any time and free of charge, to exercise the following rights:

To access your Personal Data being processed by each Data Controller;

(a) To correct/update/change your Personal Data processed by each Data Controller potentially inaccurate or incomplete;

(b) To request erasure of your Personal Data being processed by each Data Controller, where you feel that the processing is unnecessary or otherwise unlawful;

(c) To request the restriction of the processing of your Personal Data, in case your Personal Data processed is inaccurate, unnecessary or unlawfully processed, or where you have objected to the processing;

(d) To exercise the right of portability, by obtaining a copy of your Personal Data provided to each Data Controller, in a structured, commonly used and machine-readable format, as well as the transmission of that Personal Data to another data controller;

(e) To object to the processing of your Personal Data;

(f) To withdraw your consent to processing;

 

 

10. Other Privacy Policies

Please note that if you are a LM customer, and/or you are already registered in any LM database on worldwide basis, additional privacy policies and statements may apply to you as a customer of a particular LM relationship or as a registered contact in the said Database. This Privacy Policy does not replace or revise any other privacy policy or statement that may be applicable to personal information collected or used by LM through that specific relationship with us.

 

 

11. This Privacy Policy
LM may change and amend this Privacy Policy from time to time in order to include new technologies, industry practices and statutory requirements, or other purposes. Any amended version will be published on the Website. This Privacy Policy version takes effect on MAY 2018.