Privacy Policy

LM Europe SA, with its registered office at 2 Via Comacini - 6830 Chiasso - Switzerland (hereinafter referred to as "LM") – as well as its commercial partners and affiliated companies – recognises the importance of protecting the personal data of its customers. It therefore undertakes to inform you about the procedures adopted for the collection, processing and storage of the personal data communicated by you during the purchase of La Martina brand products at a shop.

This Privacy Policy has been drafted and personal data will be processed in accordance with European Regulation 2016/679 (the GDPR) as well as the Swiss Federal Data Protection Law (LPD) of 25/09/2020.

Personal Data refers to any information relating to an identified or identifiable natural person ("Data Subject"); an identifiable person is one who can be identified, directly or indirectly, by way of, for example, an identification number or one or more factors specific to their physical, physiological, mental, economic, cultural or social identity.

1. Purpose of Processing

1.1 Personal Data will be transferred and processed only for specific and legitimate purposes. The Personal Data processed and collected may include (i) first and last names, (ii) addresses, (iii) postcodes, (iv) email addresses, (v) telephone numbers, (vi) dates of birth, (vii) payment information, (viii) demographic data, (ix) details on the items purchased. Other data may be freely provided by the user.

1.2 In its capacity as Data Controller, LM will collect and use the customer's Personal Data to enable online purchases on the www.lamartina.com website (hereinafter referred to as the "Website") and, subject to the express consent of the latter:

(i) for marketing purposes, including carrying out customer satisfaction evaluations, market research and surveys, and product offers and promotions by sending short emails, SMS and newsletters regarding LM or the products and services offered, or by employing traditional methods;

(ii) for market analyses to tailor promotions, discounts and targeted communications to the data provided;

(iii) for profiling activities to assess the customer's interests, preferences and purchasing habits with regard to La Martina products; (iii) for the international transfer, storage and processing of personal data in places other than the headquarters of the Data Controller.

1.3 Failure to consent will not give rise to any consequences, other than the inability to be included in statistical analyses; to receive promotions, discounts and targeted communications based on the data provided; and/or to be informed about any marketing and promotional initiatives/advertising. We may collect the following categories of Personal Data:

- registration data uploaded when the user creates an account on our online platform, which may include their first and last name, address, gender, date of birth, country of birth, email address, username and password;

- transaction data collected when one of our products is purchased via our online platform, which may also include information about the products purchased and payment information;

- information on the customer's location at the time they visit our online platform;

- registration data when the customer participates in competitions and/or promotions organised by a shop or by LM.

1.4 The Personal Data provided by the customer may also be used and processed by LM for the following core purposes:

1.5 With optional consent, Personal Data may be used by LM for marketing purposes, as described in the points mentioned above. This type of Personal Data can be defined as "Optional Information", and it is therefore possible to revoke the use of such Personal Data at any time by sending a communication to: LM Europe SA, Via Livio, 1 - 6830 Chiasso - Switzerland, Telephone: +41 (0)91 6905100 - Fax: +41 (0)91 6905109; email: privacy@lamartina.eu

In some cases, the customer may provide us with information regarding third parties (for example, for a gift). In these cases, the customer must obtain specific authorisation from these third parties to provide us with their personal information.

1.6 Soft spam. Limited to the email address provided by the customer during the purchase of a product, the data provided may be used to allow LM to directly offer similar products and services (so-called soft spam), without prejudice to the right of the user to object to such processing.

1.7 Automatic decision-making processes. The Personal Data processed by LM will not be subject to automated decision-making processes that may have legal effects and/or any other similar effects on the Data Subject.

2. Processing Methods

Personal Data may be collected using electronic or paper processes via a specific protected system. Personal Data will also be processed via the CRM (Customer Relationship Management) system managed directly by LM or by a data processor. The customer database is located in Germany (Cloud), Switzerland, Italy and Belgium (hereinafter referred to as the "Database"). Your Personal Data will be processed by LM's employees and/or business partners who have been specifically designated as data processors, and LM may therefore also share your Personal Data with the following third parties:

a) any entity (including public authorities) that may access Personal Data on the basis of statutory and administrative provisions;

b) any public and/or private body, be they individuals and/or entities (legal, administrative and tax consulting firms; judicial authorities; Chambers of Commerce; employment authorities, etc.), if disclosure is required or functional for the correct execution of contractual obligations or statutory obligations;

c) external parties appointed by LM for certain tasks that are necessary for the supply or distribution of the products (for example: IT providers, hosting companies, project managers, programmers, system experts and database administrators) or whose activities are connected, instrumental or supportive to those carried out by LM;

e) LM's commercial partners:

(i) Besting Limited - 86 Jermyn Street - London - United Kingdom

(ii) LM Retail Srl - Piazza Repubblica, 32 - Milan - Italy

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

(iv) Quilate Services SA - Via Comacini, 2 - 6830 Chiasso - Switzerland

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

Personal Data may be communicated – via electronic means – to third parties who provide specific services on behalf of LM as data processors, exclusively to ensure the correct execution of purchase contracts for products in the shops and for marketing purposes, as described above. Personal data will not be disclosed, disseminated or transferred to other third parties without informing you and obtaining your explicit consent.

3. Data storage and retention period

3.1 Personal data will be stored, with the exception of duly authorised Optional Information, in the LM Database for the time strictly necessary for the execution of the purchase contract and, in any case, for no longer than the necessary period for the purposes for which the Personal Data has been obtained. The Database is managed by LM or third-party 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 the Personal Data; (c) update, supplement or delete your Personal Data; (d) obtain any other information about your Personal Data collected by LM.

3.3 Cloud. LM may store Personal Data on a cloud, which means that the data may be managed by a cloud service provider on behalf of LM and stored in different locations around the world. In some cases, the Data Subject may be exposed to risks due to the absence of an adequacy decision and appropriate safeguards. However, no matter where Personal Data is transferred, stored or processed by us, we take appropriate organisational and contractual measures to safeguard Personal Data, and if our activities involve the transfer of Personal Data to third parties located in different parts of the world, for the purposes described in this Privacy Policy, we will impose similar requirements, which are no less restrictive, on cloud service providers, including the obligation to process Personal Data only for the purposes listed above. Additionally, when we use or disclose Personal Data transferred from countries that have entered into Privacy Shield Frameworks with the United States, we comply with the Privacy Shield Principles as defined by the US Department of Commerce; take other measures, in accordance with European Union law, to ensure adequate protection; and obtain customer consent.

3.4 The customer has the right to request, at any time and for any reason, that their Personal Data be transferred from LM to another duly indicated data controller.

4. Data transfers

4.1 For the correct conclusion and execution of the purchase contract, your Personal Data may be transferred to companies affiliated with and controlled by LM – as listed under point 2. d) – located in and outside the EU, which operate as data importers. Personal Data may also be transferred abroad, including within the European Union, to LM affiliated companies or commercial partners. All of these parties must act in accordance with the law and instructions from LM.

4.2 Personal Data will not be transferred abroad to non-EU countries that do not guarantee an adequate level of protection of the data. If such a transfer is necessary to provide services or to execute a contract for the purchase of products, LM – as a data exporter – will ensure that such Personal Data is processed in accordance with this Privacy Policy. In the absence of a local privacy law that guarantees adequate protection of Personal Data, LM will enter into agreements that guarantee an adequate level of data protection. Data exporter refers to the data controller who transfers the Personal Data. Data importer refers to the data processor who agrees to receive the Personal Data from the exporter in order to process it on the latter's behalf after the transfer, in accordance with its instructions and the terms of this Privacy Policy.

5. Data security

5.1 LM has implemented reasonable and advanced technical and organisational security measures to safeguard Personal Data from unauthorised access, improper use, inadvertent or intentional manipulation, loss or destruction (hereinafter referred to as the "Security Measures").

5.2 The Security Measures are implemented by LM on a continuous basis to ensure an adequate level of security with respect to the nature of and risks associated with the Personal Data. LM ensures that all data processors – as listed in Article 2 – provide an adequate level of technical security and organisational measures to manage processing in full compliance with this Privacy Policy. LM applies the widest-reaching and most appropriate approach – including technological measures – to protect the Personal Data and to avoid any violations. LM cannot guarantee that the Security Measures are able to reduce or eliminate the risk of unauthorised access to or dissemination of Personal Data from user devices; we therefore recommend that you always keep your computer (or other device) updated and equipped with adequate security software. Personal Data is transmitted in an encrypted form (SSL: Secure Socket Layer). The technical Security Measures to protect Personal Data are checked and updated regularly.

5.3 To ensure a higher level of security, Personal Data stored in your account is protected by a username and password (hereinafter referred to as "Credentials"). You are solely responsible for keeping these Credentials confidential. Please report any unauthorised use of your Credentials immediately.

6. Data of minors

Persons under the age of sixteen (16) cannot effectively give their consent to the collection of Personal Data. Under the applicable law, the parent or guardian must give consent to the collection of the minor's Personal Data.

7. Cookies

7.1 Information that can identify you may be stored on your computer. This information is referred to as "cookies". This information allows LM to improve and personalise the Website.

Cookie. A cookie is a text file sent to your web browser and email client when you access a website. Cookies can track your activity on websites. Cookies also allow LM and our suppliers to: (a) track your activity on the Website; (B) keep track of your selections and purchases; (C) recognise your computer or device; (D) personalise content, messages and advertising; (E) protect the contents of your shopping cart; (F) improve the security of the Website; (F) personalise your experience on the Website.

7.2 The Website uses providers for the web analytics tools provided by Google LLC, as well as the social media plug-ins from Meta Platforms, Inc. (hereinafter referred to as the "Providers"). These services may collect information and cookies. The information generated through use (including your IP address) will be transmitted to the servers of the Providers, either nationally or internationally, where it will be stored and processed, and possibly linked to your account.

7.3 The Providers may use this information to analyse the use of the Website, compile reports on website activity, to insert advertising, and to provide further services related to the use of the Website. The Providers may also transfer this information to third parties, either nationally or internationally. By using this Website, you consent to the processing of data collected as described above and for the purposes mentioned.

7.4 The main browsers accept cookies as a standard setting. However, you can configure your browser to block cookies or require your prior confirmation. Blocking cookies may prevent you from using all the features of our Website. By continuing to use this Website, you consent to the use of cookies, as described in this Privacy Policy.

7.5 Links and websites. The Website and its applications may include links to third-party websites, applications and services that may be operated by companies not affiliated with LM. If you decide to access external websites linked to our Website, you do so at your own risk and subject to the terms of service or privacy policies associated with said third-party websites. Our products and services may also be made available through third-party platforms or other third-party channels. LM is not responsible for the privacy measures of third-party websites, applications or services.

7.6 For completeness, below we list the main services in use at the time of drafting this Policy, which are periodically updated: TikTok Conversion Tracking; TikTok Remarketing; Meta Events Manager; Shopify; Shop Pay; Visa; PayPal; Mastercard; Google Pay; American Express; Rakuten Advertising (https://rakutenadvertising.com/legal-notices/servicesprivacy-policy and https://rakutenadvertising.com/legal-notices/servicesprivacy-rights-request-form); NextRoll; Meta ads Conversion Tracking (Meta pixel); Google Tag Manager; Google Analytics 4; Cloudflare; Online sale of goods and services.
Amazon Web Services (AWS); Shopalyst; Rakuten LinkShare; Rakuten Advertising Affiliate; Rakuten Advertising Remarketing; Hotjar surveys; Hotjar Recruit User Testers; Hotjar Poll & Survey widgets; Hotjar Heat Maps and Recordings; Hotjar Form Analysis and Conversion Funnels.

8. Data Controller and Data Processors

8.1 Data Controller refers to a person who, individually or jointly with other persons, determines the purposes and manner in which the Personal Data is or should be processed. The Data Controller is LM Europe SA, with its registered office at Via Livio, 1, 6830, Chiasso - Switzerland - email address: privacy@lamartina.eu - Telephone: +41 (0)91 6905100 - Fax: +41 (0)91 6905109.

8.2 Data Processor refers to any person who processes data on behalf of the Data Controller. The Data Processor may be an employee of LM specifically appointed as a Data Processor or a supplier of LM responsible for maintaining the Database.

9. Rights of the data subject

The customer has the right, at any time, to exercise the following rights:

a. the right to access their Personal Data;

b. the right to correct/update/modify potentially inaccurate or incomplete Personal Data;

c. the right to request the deletion of their Personal Data where the processing is unnecessary or otherwise illegal;

d. the right to request the limitation of the processing of their Personal Data in the event that the Personal Data processed is inaccurate, unnecessary or processed unlawfully;

e. the right to portability, i.e. to obtain a copy of their Personal Data, in a commonly used and readable format, as well as the transmission of such Personal Data to another data controller;

f. the right to object to the processing of their Personal Data;

g. the right to withdraw their consent to processing;

h. the right to lodge a complaint with the competent supervisory authority

10. Other privacy procedures

Please note that if you are an LM customer and/or are already registered in any LM database on a worldwide basis, additional or different privacy policies and statements may apply. This Privacy Policy does not replace or modify any other privacy procedures or statements that may be applicable to personal information collected and/or used by LM elsewhere.

11. This Privacy Policy

LM may amend and modify this Privacy Policy from time to time to incorporate new technologies, industry practices and regulatory updates. Any modified version will be published on the LM Website and/or displayed in the shops.

Version: April 2024.