DATA TREATMENT

Last Revision 24/05/2018

1. RESPONSIBLE OF THE DATA PROCESSING

The data responsible for the processing of the data is GOLMAR COLLECTIONS S.L. (“TCN”), with Corporate Tax ID number B-58471426.

The contact details of TCN are as follows:

• Postal address: C/ Amsterdam 4, (43870) Amposta, Barcelona, Spain, Barcelona
• Telephone: 937 93 75 81
• e-mail: lopd@tcn.es

We really believe in any concerning related with data treatment, for this reason you may contact a specialized team by sending an e-mail to lopd@tcn.es with Subject: “DPO”, or by sending us a requirement to our address: Rial de Can Bellsolell 30 – CP 08358 Arenys de Munt, Barcelona

PERSONAL INFORMATION COLLECTED BY TCN

TCN may collect the following personal information from users of the TCN website (WEB) through the corresponding forms. The information that we collect are as follows:

• Name
• E-mail address
• Postal address
• Telephone number
• Date of birth
• Gender

Information to process payments (credit card, bank account or any other payment method used).

Data is obtained when the user is registered, buy any product or service, ask for information or when the user take part of actions or events organized by TCN (promotions or questionnaires). All the personal data TCN originate from the interested party, except for contact details that may be provided to us by friends and family to: send any gift voucher or any other gift.

PURPOSE OF PERSONAL DATA PROCESSING

The personal data of the interested party shall be processed for the following purpose, as applicable:

- To manage and execute the registration on the web. The registration involves the drafting of user browsing profiles on the web. Said profiling consists of the use of the customer’s personal data and information on their browsing, such as the products viewed or added to the shopping basket, the sections of the web visited, lasts visits, and other actions that the user may carry during the visit to the web, to adapt the offered content through the web, and offer promotions and services.

- To manage and execute online purchasing. We use the personal information of the customer to process and deliver their order and inform them by e-mail and/or SMS of the status of their order.

- To manage and send information on exclusive promotions, latest news and personalized information adapted to the profile, interests and needs of the interest party as a customer via e-mail, ordinary mail, SMS or phone calling. The sending of this information will involve the drafting of user profiles (explained in the previous points), which consists of using the personal data, the history of their purchases, and the browsing information on the web to evaluate certain aspects related to their personal preferences, to offer them commercial notifications adapted to their profile.

- The content, products or services will be personalized to the customer in the communications, in accordance with their interests. All the interest may be modified into the section “My Account”

- To respond to the exercise of Access, Rectification, Cancellation and Opposition (“ARCO”) or any other queries and complaints.

- To manage the notification service for when a certain garment becomes available on the web.

- To manage and issue accreditation of sale documents: e-receipt, invoicing or Tax-Free invoice.

DURATION OF DATA TREATMENT

TCN will keep your personal data while you are a costumer, and until user decided to unsubscribe of exclusive promotions. User may consider that in case of respond to issues that are raised or to resolve problems, make improvements, activate its services and fulfil the requirements of the applicable legislation, TCN will keep personal data, even after the user has unsubscribed. After this period, the personal data will be blocked on all TCN systems, and TCN will no longer have access to the data.

LEGITIMATE AUTHORISATION TO PROCESS THE DATA

TCN has the following lawful bases to process personal data:

Execution of the agreement: The legal basis for processing the personal data of the interested party which is collected is the execution of the sale and purchase agreement. In this regard, the interested party is obliged to provide that data necessary for its execution. If we are not provided with this data, the sale and purchase cannot be executed.

Legal obligations: The management and issue of the sales invoice is based on the legal obligation of TCN in its relationship with its customers.

Consent: To the following purposes, the legal basis for the processing of the personal data of the interested party will be the consent of the same, in cases where it has been given:

-Web registration.

-Management of the sending of information on exclusive promotions, latest news and personalized information adapted to the profile of the interested party.

- To respond to the exercise of ARCO rights, queries and complaints on the part of the interested party.

-Management of the garment availability notification service on the web.

- Management and issue of the following accreditation of sale documents: e-receipt, invoicing and Tax-Free.

The withdrawal of consent of said processing on the part of the interested party shall not affect the execution of the sale and purchase agreement entered by the user and TCN.

Legitimate interest: In relation to the following purposes, the legal basis of the processing of the personal data of the interested party will be the legitimate interest of TCN: The main purposes are:

- The drafting of profiles via the browsing on the web on the part of a user registered, in addition to all other users that have provided us with their data for any other purpose.

- The drafting of profiles for the sending of information on exclusive promotions, latest news and personalized information adapted to the profile of the interested party.

- The sending of satisfaction questionnaires on the products purchased or services used by TCN customers to know their opinion and improve them.

Our legitimate interest consists of being able to guarantee that our web remains secure, and to help TCN understand the requirements, expectations and degree of satisfaction of the users and, consequently, improve the services, products and brands. All these actions will be performed to improve the degree of satisfaction of the customer and guarantee a unique browsing and shopping experience.

THIRD PARTIES

The personal data of the interested party may be transferred/communicated to the following addresses:

- Public Administrations whenever required by the tax, employment, Social Security or any other applicable legislation.

- Data processing companies, such as franchisees and suppliers that provide a service to TCN (courier companies, communications companies, agencies, profiling companies, web services providers, and secure payment gateways, etc.)

International transfers of data may also occur in relation to the above transfers/communications for which TCN shall use the Standard Contractual Clauses adapted by the European Commission and the EU-US Privacy Shield as a guarantee of transfers to European Commission non-compliant countries. In all cases, third parties sharing certain personal data will have previously accredited the adoption of suitable technical and organizational measures for the correct protection of the same. TCN does not commercialize with customer data.

DATA PROTECTION

The website uses data security technologies such as firewalls, access control procedures and cryptographic mechanisms to prevent any unauthorized access to data and guarantee data confidentiality. To achieve these purposes, the user agrees that TCN will obtain data for the corresponding authentication of access controls.

In addition, any transaction performed via the web will be executed via secure payment gateways as BrainTree and Paypal, you may visit their policy in the following links:

https://www.paypal.com/es/webapps/mpp/ua/privacy-full?locale.x=es_ES

https://www.braintreepayments.com/en-es/legal/braintree-privacy-policy

TCN declares that it has adopted all the technical and organizational measures needed to guarantee the security and integrity of the personal data processed, and to prevent the loss, alteration and/or access of the same by unauthorized third parties.

RIGHTS

You have the following rights, which may be exercised via the e-mail address: lopd@tcn.es

Right of access: You have the right to obtain confirmation whether at TCN we are processing personal data that concerns you, or not, in addition to access to the personal data TCN possesses about you.

Right of modification: You have the right to ask TCN to rectify the personal data whenever they are inaccurate, or to complete them whenever they are incomplete. If you are registered on our web, it may be easier for you to correct them directly by modifying it into your profile.

Right to erasure/right to be forgotten; You may ask us for your personal data to be erased whenever, among other reasons, the data are no longer necessary for the purposes they were collected for.

Right to restriction: You have the right to request the restriction of the processing of your data, in which case we will only keep them for the exercise or defense of complaints.

Right to data portability: You have right to receive the personal data in a structured, commonly-used and machine-readable, and to transmit them to another interested party whenever the processing is based on consent or on an agreement and is carried out by automated means.

Right to object: You may object to the processing of personal data based on the public or legitimate interest pursued by TCN, including profiling. In this case, TCN will cease to process the data, except for compelling legal grounds or the exercise or defense of possible legal claims.

Automated individual decisions: You have the right of not being the object of a decision based solely on automated processing, including profiling, while produces a legal effect on you or significantly affects you in a similar manner. However, it will not be possible to exercise these rights in cases where the decision is necessary for the formalization or execution of a contract between you and TCN; it is authorized by the law applicable to TCN provided it establishes the appropriate measures to safeguard its rights, freedoms and legitimate interests; or where it is based on your explicit consent.

Right to lodge a complaint: You have the right to lodge a complaint to the Spanish Data Protection Agency.

To make the application, we may ask you to accredit your identity.

2.USE OF OUR SITE/APPLICATION

Users agree to use the web content in an appropriate manner, for non-commercial purposes only and undertake:

(i) to provide true and exact information on the data requested in the registration form or order placement, and keep it up-to-date while using the Site/Application;

(ii) To not incur in activities that are illicit, unlawful or contrary to good faith and public order;

(iii) To not publish content or propaganda of a racist, xenophobic or discriminatory nature based on race, gender, ideology, religion or act in any way contrary to the morality, public order, fundamental rights, public liberties, honor, intimacy or image of third parties and the applicable legislation in general;

(iv) To not damage the physical and logical systems of web of TCN suppliers or third parties, or introduce or spread computer viruses into the network or any other physical or logical systems likely to result in the damage;

(v) To not use the content of the web and the information of the same for sending publicity, or sending messages for any other commercial purpose, or to collect and store the personal details of third parties;

(vi) To not attempt to access and, wherever applicable, use the e-mail accounts of other users and modify or tamper with their messages;

(vii) To not remove or change any content of the web or attempt the security or interfere with the proper functioning of the web or the servers on which it is hosted;

(viii) To not create links to the web from any other website;

(ix) To not alter the Application program code or parts thereof, decompile, disassemble or ascertain the source code in any other way or create derivations of the software.

TCN reserves the right to make whatever modifications it considers appropriate to its web without prior notice, and may change, delete or add content and services it provides via the same, such as the way the same are presented or located on its website.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY

All intellectual and industrial property rights over the web and its content, including, by way of example, the images, sound, audio, video, designs, texts, graphics, logos, icons, color combinations, structure, buttons, in addition to the software, commercial names, trademarks, works, illustrations, photographs and industrial drawings and any other symbols for industrial and commercial use are the property of TCN or of third party owners of the same who have duly authorized their inclusion on the website.

The reproduction, distribution and public communication, including making part or all of the content of the Site/Application available for commercial purposes, in any medium and by any technical means, is strictly prohibited without the expressed authorization of TCN.

Users agree to respect the intellectual and industrial property rights owned by TCN. Users may use the web and their content for their own personal and private use and acknowledge that they do not acquire any ownership rights by downloading content from the web. Any other use is forbidden and shall require the user to obtain the prior, express and written consent of TCN. Users shall refrain from deleting, altering, eluding or tampering with any protective device or security system installed on the web.

4. RESPONSIBILITY DERIVED FROM USE OF THE WEBSITE

TCN shall not, under any circumstances, be responsible for any loss or damages of any nature they may occur, as a result of: errors, omissions inaccuracy, incompleteness, incorrectness, unreliability, lack of integrity and quality of any content of the web, unavailability, modification, suspension or withdrawal of the web or any features or parts or content or the transmission of viruses or malware in the content, in spite of having adopted all the technological measures required to prevent this. It is users’ responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy their requirements as to the safety and reliability of content.

Users may be redirected from the web to the content of third-party websites. Given that TCN cannot control the content introduced by third parties on to its website at all times, we cannot assume any liability in relation to said content. In all cases, TCN declares that it shall withdraw any content that may contravene national and international legislation, morality or public order with immediate effect, through the immediate withdrawal of the redirection to said website, reporting said content to the competent authorities.

TCN shall not be liable for stored information and content, including but not limited to, on forums, chats, blog generators, comments, social networks or any other medium that allows third parties to publish content independent from the Site/Application. However, TCN shall make itself available to all users, authorities and security forces and actively collaborate in the withdrawal or blocking of any content that may affect or contravene national or international legislation, third party rights, morality or public order. In cases where users consider that content which may be classified as such exists on the web, they are asked to report this without delay to the web Administrator.

The website has been checked and tested to ensure it works correctly. The correct operation of the same can be guaranteed 24 hours a day, 7 days a week, all year round. However, TCN cannot rule out the possibility that certain programming errors exist, or that access to the website may be impeded owing to force majeure, natural disasters, industrial action or other circumstances.

The introduction of hyperlinks for commercial purposes on third-party websites that allow access to the website is forbidden without the prior written consent of TCN. TCN shall not be liable for the use or content of third-party websites which may be linked to website.

5. USE OF COOKIES

TCN, acting on its own behalf or via a third party contracted to provide statistical services, may use cookies when a user browses the website. Cookies are files sent to the browser from a server to register the activity of users while they are browsing.

The use of cookies allows the website server to recognize the web browser being used by the user to simplify the browsing experience, permitting, for example, access to users that have previously registered, access to areas, services, promotions and competitions reserved exclusively to them without the need to register on each visit. They are also used to measure the audience and traffic parameters, monitoring the progress and number of entries.

Guarantees on the use of cookies

The cookies used by the web are only associated to anonymous users and their computers and do not provide personal details on users.

Some cookies are used by third parties (e.g. Google Analytics) to provide TCN with data on the effectiveness of its promotions. Under no circumstances the cookies will collect personal information that could be used to identify a specific user.

The cookies used on the website are, in all cases, of a temporary nature, used only to improve the efficiency of the last transmission.

Users may configure their browser to notify them of the reception of cookies and to prevent their installation on their computer.

By deleting or disabling TCN cookies, the user may not be able to access certain functions of the website.

It is not necessary for users to allow the installation of cookies to use the website, although they are required to log into services that require prior registration or logging in.

TYPE OF COOKIES

TCN uses four types of cookies:

Technical cookies: These allow the users to browse the Website and use functions such as the shopping basket or Wishlist.

Analytical cookies: TCN uses Google Analytics cookies to calculate the number of users who visit the Site/Application. These cookies make it possible to measure and analyze the way in which users browse the Site/Application. This information allows TCN to continually improve its services and the shopping experience of users of the Site/Application. For more information, consult the Google Analytics privacy page:  https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage

Preference cookies: Whenever users are browsing or shopping on the Site/Application, the site will remember their preferences (for example, their location or preferred language). Thanks to these cookies, we are able to offer users a simple, more convenient and personalized browsing experience.

Advertising cookies: These cookies are used to show advertisements that are relevant to users. They also limit the number of times each user sees an advertisement and helps TCN measure the effectiveness of its advertising campaigns. When browsing on the Site/Application, users accept that TCN will download these types of cookies onto their devices and will consult when the user visits the TCN Site/Application in the future.

The website may contain links to other websites with confidentiality policies that are different to those of TCN. Consequently, TCN shall not be liable for the content or practices of linked websites. TCN advises users to check the confidentiality policy of any website they access via ww.tcnbarcelona.com

The website servers can automatically detect the IP address and domain name used by users.

An IP address is a number automatically assigned to a computer when it connects to the Internet. This information allows the subsequently processing of data to obtain statistics that make it possible to know the number of visits to the website, the order of the visits, the point of access, to detect threats to our website or limit the use of the website to certain countries.