Privacy NOTICE

 

March 2022

This privacy notice (“Privacy Notice”) applies to you and your personal data collected on the www.12janvier.com by 12JANVIER as the owner of the Website (“12JANVIER” “we” or “us”). 

This Privacy Notice explains how 12JANVIER as data controller uses the information (“Personal Data”) that it collects and processes from you as part of the online services it provides through the Website. 12JANVIER is committed to maintaining your privacy.

Categories of Personal Data, purposes of processing and legal basis on which 12JANVIER processes Personal Data – WHAT INFORMATION DO WE COLLECT AND WHY

Purpose and legal basis

12JANVIER is the Data Controller and responsible for this Privacy Notice.

We will use your Personal Data which you submit through this Website for the following purposes:

1. To handle your purchases, provide (Customer) services and fulfill other requests
1.1. Orders and accounts 

  • Online, when you purchase an item via our Websites, We collect your name and your company name (in case you are a small business), full postal and/or separate billing address, e-mail address, ordered and returned items, delivery information, invoice information and other data relating to fulfilling your order. We will also collect data on the usage of your vouchers (e.g., validity and amount) or gift cards. Furthermore, we collect data you choose to provide us with additional fields, such as your date of birth and telephone number.

  • We use this data because it is necessary to conclude, execute and manage your purchase and to handle your order. Please note that in some cases requested information may be mandatory. If you do not provide us with a name and delivery address, we will not be able to deliver your items.


  • 1.2. Customer service and other requests

  • We also collect data to answer your queries via email. In such case we will only ask you to provide the data necessary to handle your request (to manage our contractual relationship with you and/or comply with a legal obligation). For example, if you contact us regarding item return, we may ask you for purchase date and location, or information about your decision to return.

  • We may process this data because it is necessary to manage our contractual relationship with you in case your request is related to an order or because we have a legitimate interest in helping you and thereby improving our services.

  • 1.3. (Changed) terms, conditions or notices

  • We are required by law to inform you about any (changes in) terms and conditions, and notices that apply to the relationship that we have with you. In order to comply with these legal obligations, we may use your contact details such as your email address to inform you.

  • 1.4. Payments and check fraudulent credit card usage or excessive credit card charge backs

  • We have to process your personal data in order to process your payment if you buy something with us. Your data will be shared by the payment providers we partner with. These payments providers are also a data controller in relation to your data used for payment purposes. If you have any questions regarding the use of your personal data by the payment providers, please contact the payment providers directly.

  • If you wish to pay your order by credit card, we will have a credit check performed in order to establish whether your personal data is not associated with fraudulent credit card usage or excessive credit card charge back. For this purpose, our payment service provider will use your name and banking account details. We do not collect information related to the payment instrument that you use, e.g. credit card information ourselves. This information is processed solely by our payment service provider and by the providers of the payment instruments subject to strict information security assurances. We have this check performed to protect our legitimate business interest to prevent fraud and financial loss, or comply with our legal obligations.

  • 2. To maintain our relationship with you through marketing initiatives

2.1. Newsletters, promotional communications or clickable links in an e-mail

  • Where you consent or where we have a legitimate interest to do so, we will collect your e-mail address and/or mobile number and/ or your postal address to send you our newsletter and other commercial messages. In addition, we will retain a history of the e-mail that we sent to you and we will record what you do with these messages (for example, if you open them or click on their content). Please note that you can unsubscribe at any given moment via the ‘unsubscribe’ or ‘ opt out’ button below each email, or by requesting us to do so via the contact details set out below or in the relevant commercial message.

  • 2.2. Personalized experience and improvement of online experience

  • When you visit our websites, we will drop cookies, pixels and other digital tools with similar functionality (“cookies”) on your browser or device that enable us to understand you better and personalize your experience with us and our communication and marketing towards you.

  • Our use of cookies, pixels and other digital tools with similar functionality, is described in more detail in our cookie notice which can be found here.

  • 2.3. Personalized targeted advertising

  • Based on your on- and offline purchase history, your behavior on websites (visited pages, links clicked) and interaction with chatbot(s), we will set-up and maintain your personal digital marketing profile to make sure that we only show you advertisements that will most likely suit your personal taste. This is called targeted advertising. The more successful we are in targeted advertising, the higher our (prospective) Customer satisfaction.

  • To be able to show you targeted advertisements, we can also match your data profile with Customers that have a similar profile.

  • We may also use the data for retargeting by showing you a targeted advertisement on a third-party website that is linked to an event on our website, for example a specific purchase that was abandoned.

  • In addition, Facebook, Google and other online and social media actors can independently register your use of our advertisements. Please read the privacy policies of such third parties as we are not responsible for the personal data they process for their own purposes.

  • You can request us to remove your digital marketing profile by sending us an e- mail to the contact e-mail address that is displayed below.

  • We only use your data for targeted advertising if you have given your consent for the placement of cookies of and the collection of personal data via the cookie. Our use of cookies, pixels and other digital tools with similar functionality, is described in more detail in our cookie notice which can be found here.


2.4. Participation in a sweepstake, contest or a seasonal or other promotion

  • We may offer you the opportunity to participate in a sweepstake, contest or other promotion. Some of these promotions have additional rules containing information about how we will use and disclose your personal data.

  • We collect information required to allow you to participate in the activity and manage our contractual relationship with you, such as your name and email. Personal data collected by us in the context of a sweepstake, contest or a seasonal or other promotion may be subject to additional privacy notices.

  • In principle we get your personal data directly from you. However, in some cases we receive personal data such as your buying preferences and activity for example through publically available databases or our digital marketing activities and partners when they share the information with us. Please see Section 2.3 above for more information.

2.5. To improve our services and items

  • We process your personal data in order to identify usage trends and service personalized content (e.g., item, size recommendations) across websites. The information that we gain is used to further improve our services and our items, for instance to help create and design our new collection, or to make improvements to current collections so as to meet your expectations.

  • For example, if you actively communicate about us or our brands on social media, interact with our customer service we may use your input improve our services and items. We will engage in this activity where we have a legitimate interest.

2.6. In connection with a sale or business transaction

  • We may share your personal data with a third party as part of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). Such third parties may include, for example, an acquiring entity and its advisors. We will engage in this activity where we have a legitimate interest.

2.7. To manage and improve the functionality of our websites

  • When you visit our websites we will drop cookies, pixels and other digital tools with similar functionality (“cookies”) on your browser or device that enable us to improve the design and functioning of our websites, the responsiveness of our chatbot(s) and to enable the technical and functional management of our websites (including maintaining information security), for example by identifying parts of the websites that have a low latency. We will engage in this activity where we have a legitimate interest. Our use of cookies, pixels and other digital tools with similar functionality, is described in more detail in our cookie notice which can be found here.

2.8. To accomplish our other business purposes

  • Insofar necessary we may use your personal data if to manage security and fraud, for example, to detect and prevent cyberattacks or attempts to commit identity theft. Furthermore, we may use your personal data to protect our rights and to defend against lawsuits and to respond to legal and regulatory duties, such as requests from public and government authorities. We engage in these activities to comply with a legal obligation or because we have a legitimate interest.

  • 3. Use by minors

  • Please note that our websites are not directed to individuals under the age of sixteen (16). We ask that you do not post comments or submissions of anyone under that age.

    Who has access to your Personal Data?

The Personal Data are processed exclusively by authorized employees of 12JANVIER and/or by external companies:

  • Our employees may have access to the Personal Data. In such a case, access will be granted only if necessary for the purposes described above and only if the employee is bound by an obligation of confidentiality;

  • We may share your Personal Data with third parties acting on our behalf. These third parties include service providers. In such cases, these third parties may only use your Personal Data for the purposes described above and only in accordance with our instructions;

  • We may share your Personal Data if required to do so by law or court order, for example with law enforcement agencies or other governmental agencies.

    How long will 12JANVIER keep your Personal Data?

Your Personal Data is retained no longer than is necessary to achieve the purpose for which 12JANVIER collects and uses them.

We retain your personal data for the period that you actively interact with us. You are no longer considered to be actively interacting with us if, for a consecutive period of two (2) years, you have not purchased an item from us or have not visited one of our website(s) or used our app.  After this two (2) year period we will only retain specific data that needs to be retained pursuant to a legal obligation of ours, e.g. records such as an invoice or a payment record. 

In case you’ve opted-in to receive direct marketing messages, the data that we need to send you these messages will be used (processed) by us until you opt-out from receiving them. 

What measures does 12JANVIER take to protect your Personal Data?

12JANVIER has taken appropriate technical, and organizational (security) measures to protect the Personal Data it processes against accidental or unlawful processing, such as unauthorized access, disclosure, damage or loss of personal data.

Does 12JANVIER transfer your Personal Data to a country outside the EU?

In the context of the provision of our services, it may also be necessary for Personal Data to be transferred to third parties outside the European Economic Area (“EEA”). For example, Personal Data can be transferred outside the EEA, if 12JANVIER uses services from third parties outside the EEA, such as the hosting services of the Website, or if 12JANVIER is obliged to provide its information to foreign authorities. It is possible that the regulations of the countries the third parties are located in provide a different level of (legal) data protection as in the EEA. 12JANVIER will take the measures based on applicable law that are necessary to ensure the lawful transfer of your Personal Data.

In most cases, such a transfer will be governed by a contract based on the standard contractual clauses for data transfer, approved by the European Commission (European Model Clauses). 

What rights can you exercise in relation to your Personal Data?

If you have any questions related to this Privacy Notice, please contact us using the details set out below. Through these contact details you can also request access, rectification, erasure, restriction or portability of your personal data. If you are not satisfied with the way we use your personal data, you can make a complaint with us through the contact details below and/or with the Data Protection Authority. 

Questions and complaints

If you have any questions about this Privacy Notice, wants to exercise your rights as described above or if you have a complaint, you can send us an e-mail to hello@12janvier.com.

Changes to this Privacy Notice

12JANVIER may update this Privacy Notice from time to time. These changes will be announced on the Website.