If you are a customer or Site visitor located in the European Economic Area (“EEA”), please carefully note the information in this Policy on your rights under the EU General Data Protection Regulation (“GDPR”).
Brayola’s Commitment to Privacy
Our primary objective in collecting your information is to provide you with an easier way to: search and purchase Items on the Site which are suitable for you; provide you with the Services you sign up for; carry out marketing analysis and send you the communications permitted by law and offer you additional related Services or to take steps for such purposes. We may also process some of your information for the purpose of self-study and internal statistics (we will treat all the aforementioned as "Purpose").
Information we collect and what we use it for
We may collect and processes your "Personal Information" as follows:
For technical purposes, some information we collect automatically from any visitor to our Site regardless of whether or not this visitor uses our Services. Other information we will only process if you are a customer of the Brayola Service.
Personal Information we automatically process:
• Technical information, such as your computer’s IP address, operating system, the website from which you were linked to ours, the time and date of your visit, your searching history, the websites to which you were linked through the Site, and your activities in the Site.
• Information about the use of the Site and/or Services, such as how often users visit the Site, what pages they
visit when they do so, and what other websites they used prior to coming to the Site (including by collection the
IP address assigned to you on the date you visit the Site).
We process this usage and analytics data in order to enable you to use the Site and to ensure the functionality of the Site. In addition, we process this data to analyze the performance of the Site, continuously improve the Site and correct errors or personalize the content on the Site for you. However, we also process usage data in order to guarantee IT security and the operation of our systems and to prevent or detect misuse, in particular fraud. These purposes represent our legitimate interests and, if you are a user located in the EEA, our legal basis for the processing of this Personal Information is Art. 6 (1) lit. f) of the GDPR.
Personal Information we only process if you are a customer of the Service:
• Information that you provide us when you register and use the Site. You generally provide your name, email address, phone number, date of birth, username, password and other registration information. We also collect your registration date; we need to process this information to fulfil our contract with you and, if you are a user located in the EEA, our legal basis for the processing of this Personal Information is Art. 6 (1) lit. b) of the GDPR.
• Information about activities made in the Site that directly linked to you, such as your purchase history (through affiliate programs or directly from us), data on loyalty dashboard program, how many purchases did you places, how many Items you declared that you have, details on Items you declared that you have, details on Items you purchased via the Site, details on orders you performed via the Site, your Items wish list, Avatar image to be used on the Site, size and garment choices; we need to process this information to fulfil our contract with you and provide you with the personalized user experience we have promised you. If you are a user located in the EEA, our legal basis for the processing of this Personal Information is Art. 6 (1) lit. b) of the GDPR.
• We also collect information received from third parties to the extent that they have entered into an agreement with you as a result of your relationship with us (for example, when you perform a purchase by using payment clearing services as described below); we need to process this information to fulfil our contract with you and, if you are a user located in the EEA, our legal basis for the processing of this Personal Information is Art. 6 (1) lit. b) of the GDPR.
We may use the Personal Information referred to in this section in the following manner:
We use your Personal Information to create a user profile for the purposes of Art. 4 (4) GDPR when you use our Service. This means that we use your information to provide you with a personalized Site based on your personal preferences and interests, and to provide you with customized offers based on your past behavior. For example, your past searches will be processed to adjust your search results to your preferences; your purchase history will be processed to customize your use of the Site or Services according to your preferences, and to tell you about specific Items or Services we believe will be of interest to you.
However, we will never process and analyze your personal data within the scope of this user profile in such a way that this leads to an automated decision that is legally effective for you or significantly impairs you in a similar manner.
Information Retention Policy, Managing Your Information
We will retain your Personal Information for as long as you use the Site and for a reasonable time thereafter. These purposes typically include business or legal reasons. You may ask to delete such information at any time as broadly described below.
If you use any of the features of the Site or Services, please remember that any information disclosed in these venues may be automatically made public. You should exercise caution when disclosing any information, including Personal Information, in such venues, as you do not know who will access or use such information and for what purposes. Brayola is in no way responsible for the accuracy, use or misuse of any information, including Personal Information, which you disclose in such venues.
Third parties that have access to Personal Information
We will share Personal Information with third parties only in the ways that are described in this Privacy
We may disclose Personal Information subject to the following provisions:
• To our partners - vendors, drop-shippers and retailers so that we can provide you with the Services and you will be able to receive the Items ordered through the Site.
• as required by law, such as to comply with accounting requirements and other legal requirements;
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request (including court order);
• We are engaged with third parties which provide us with certain services including, hosting and maintenance (for example, Amazon AWS), billing, customer relationship, the Site shop, shipping, Item storage, credit card processing companies (such as Shopify and Spark shipping), management and direct marketing campaigns (such as Wunderkind and Listrak) and web analysis services and web traffic providers (such as Google Analytics and CJ Affiliate). We may share your information with these third parties, but only to the extent necessary for the Purpose unless otherwise permitted by law.
• if Brayola is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of this information, as well as any choices you may have regarding this information. It is hereby clarified that some of the Personal Information collected and processed by these third parties are collected directly by them (and not transferred by us). We provide these third parties with access to the Site and enable them to collect and use the Personal Information in order to provide you with excellent Services. In case you object to the process of any of these third parties of your Personal Information, you can contact us and ask us to stop granting them with access to your Personal Information. Please note that in such case some or all of the Services may not be available to you.
In addition, we may disclose Personal Information in the good faith belief that we are required to do so by law, or that doing so is reasonably necessary to comply with legal process, respond to any claims, or to protect the rights, property, or personal safety of Brayola, our customers, or the public. Information about our customers, including Personal Information, may be disclosed as part of, or during negotiations of, any merger, sale of company assets or acquisition.
You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart reminders. To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages.
In providing the Site and the Services, we may disclose your Personal Information to third parties or governmental authority, under the following obligations:
• we may disclose Personal Information in the good faith belief that we are required to do so by law, or that doing so is reasonably necessary to comply with legal process, respond to any claims, or to protect the rights, property, or personal safety of Brayola, our customers, or the public. Information about our customers, including Personal Information, may be disclosed as part of, or during negotiations of, any merger, sale of company assets or acquisition.
• We may also disclose information about you if we determine that such disclosure is reasonably necessary to enforce the terms and conditions of the Services or to protect our operations or customers.
Protection of Personal Information
Brayola has put into place security measures in an effort to protect personal information from loss, misuse or alteration while it is under our control. Personal information we collect is stored electronically and may be combined with other membership information. We use technical, contractual, administrative and physical measures in an effort to protect against unauthorized access. Further, when you enter personal information online, that information is encrypted using a security software. Account information is accessible online only through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. If other people have access to your email, they may be able to obtain access to your password and obtain personal information about you, or change information about your user profile. You may not want to use an email account operated by an employer because many employers have the legal right to access such email accounts.
Security of Processing
All information provided by you or collected by us is stored on our secure servers or by our data processors who have implemented technical and organizational measures to guarantee the security of your Personal Information. Unfortunately, the transmission of information via the internet is not completely secure. Although we take reasonable commercial effort to protect your Personal Information, we cannot guarantee the complete security of your Personal Information transmitted to the Site and therefore any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features in order to prevent unauthorized access.
By registering to the Site, you agree to receive promotional, service and other messages from Brayola for special offers and other interesting information related to our Site and Service. If at any time you wish to stop receiving promotional information from Brayola, you may opt out by e-mailing us at email@example.com or accessing your registration information and checking the box that allows you to opt out of receiving promotional emails.
Likewise, information about the Items or Services you use or purchase may be collected and combined with information about the Items and services used or purchased by others, but no Personal Information will be included in the resulting data. Aggregate de-identified data helps understand trends and customer needs so that new Items and services can be considered and so existing Items and services can be tailored to customer desires.
Online Links to Other Websites
You acknowledge and agree that Brayola shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services and acknowledge that all use of third-party websites is at your own risk.
Additionally, Brayola cannot accept responsibility for any payments processed or submitted through such third-party websites, or for the privacy policies of any such websites. Brayola is not responsible for content or services available by means of such websites. Brayola does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party websites.
Rights to Access and Control the Personal Information
We provide many choices about the collection and use of the Personal Information, such as deleting or correcting
the Personal Information. We offer you to control and manage the Personal Information that we have about you.
You are entitled to ask us to:
• Withdraw the consent – You may, at any time, withdraw your consent and no longer permit us to use and keep your Personal Information, but by doing so, your experience of the Site may be affected and you may not be able to use all the Services that we offer.
• Delete Data - You can ask us to erase or delete all or some of the Personal Information (e.g., if it is no longer necessary to provide you with the Services).
• Change or Correct Data - You can ask us to edit some of the Personal Information. You can also ask us to change, update or fix Your Personal Information in certain cases, particularly if it’s inaccurate.
• Object to, Limit or Restrict, use of Personal Information: - You can ask us to stop using all or some of the Personal Information (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if the Personal Information is inaccurate or unlawfully held). Further, you have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is processed on the basis our legitimate interests; this also applies to any profiling based on this processing. If you object, we will no longer process your personal data in the future unless we can prove compelling grounds for the processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise, or defend legal claims. You also have the right to object at any point in time to the processing of your data for direct marketing purposes (i.e. receiving newsletters or other direct marketing communications). If you exercise your right to objection, we will no longer use your Personal Information for sending you any marketing communications.
• Right to Access and/or Take Your Data - You can ask us for a copy of Personal Information and can ask for a copy of Personal Information you provided in machine-readable form.
In order to exercise any of your foregoing rights, you can contact us at the e-mail address provided in the "Questions or Concerns" section below. You acknowledge that by asking us to refrain from storing or processing the Personal Information or by performing any of the foregoing actions on its own, you may be prevented from using all or part of the Services and you hereby waive any claim or demand you might have against us in this matter.
If you believe that the process of the Personal Information is not complying with the law applicable to you or that our response has not satisfied you, you may lodge a complaint to the relevant Supervisory Authority (as defined in the GDPR).
Updating, Reviewing or Correcting Personal Information
You may update, review or correct your online account information at any time online by accessing your password-protected registration page. You may also e-mail us at firstname.lastname@example.org.
Lawful Bases for Processing
Where we rely on your consent to process certain Personal Information, you have the right to withdraw or decline
its consent at any time and where we rely on legitimate interests, we have the right to object. If you have any
questions about the lawful bases upon which we collect and use the Personal Information, please contact us through
the Contact Info.
At any time, you can withdraw the consent you have provided us by contacting us using the contact information detailed below.
Questions or Concerns
If you have any questions or concerns about this privacy statement or would like to contact us for any reason, you can e-mail us at email@example.com (the "Contact Info").
Changes to this Statement
Brayola reserves the right to change this privacy statement at any time but will alert you that changes have been made by indicating at the top of the privacy statement the date it was last updated. Where you have given us consent, we will not contain your privacy rights before obtaining your fresh declaration of consent before changing our privacy practices. We encourage you to review our privacy statement to make sure you understand how your information will be used. If there is ever a material change to how we use your information and the new uses are unrelated to uses we disclose in this statement, we will communicate the changes in advance.
1. Our own cookies (so-called "First-Party Cookies"):
Users can prevent the acceptance of First-Party Cookies by setting their browser settings so that they do not accept cookies at all. However, if this setting is made, you may not be able to use certain current or future elements of our Site.
2. Cookies and plugins on our Site that transfer data to third parties (so-called "Third-Party Cookies"):
In addition to First-Party Cookies, we also use the following Third-Party Cookies and plugins provided to us by
the following parties and for the following purposes:
Use of Google services on our Site:
The information generated by the cookie about your use of the Site (identifier, browser Type/-version, operating system used, referral URL, shortened IP-Address, time of the server request) is usually transferred to a Google server in the USA and stored there. However, within the member states of the European Union or in other signatory states to the Agreement on the European Economic Area, your IP address will first be shortened by Google on our Site. For this purpose we have implemented the code "gat._anonymizeIp() ;" to ensure anonymous collection of IP addresses (so-called IP masking).
Only in exceptional cases is the complete IP address transmitted to a Google server in the USA and abbreviated there. If personal data is exceptionally transferred to the USA, a data protection level appropriate to the data protection level in the EU is ensured there by Google's certification according to the so-called "Privacy Shield Agreement" between the EU and the USA ( https://www.privacyshield.gov/participant).
Google will use the information about your use of the Site on our behalf within the framework of Google Analytics
in order to evaluate your use of the Site, to compile reports on the Site activities and to provide other services
connected with the use of the website and the Internet. The IP address transmitted by your browser as part of
Google Analytics and Google Tag Manager is not merged with other Google data.
You can prevent cookies from being saved by adjusting your browser software or the operating system of your mobile device accordingly; however, we would like to point out that in this case you may not be able to use all functions of our Site to their full extent. In addition, you can prevent the collection of data generated by the cookie about your use of the Site (including IP address) by Google and its processing by Google by downloading and installing the browser plug-in under the following link: http://tools.google.com/dlpage/gaoptout.
Google AdWords & Google Remarketing enable users who have already visited the Site and are interested in the offer
to be addressed again through targeted advertising on the pages of the Google partner network. The advertisement
is placed through the use of so-called "Web Beacons" on our Site and all other websites that participate in the
AdWords & Remarketing program. These are pixels that are built into the Site but are not visible to you. The web
beacon causes a cookie to be stored on your end device. The cookie then records which websites you have visited,
what content or offers you are interested in and the website from which you accessed the Site. All data is only
stored pseudonymously: The information only allows conclusions to be drawn about the behaviour of the respective
user for whom the cookie was set. However, it is generally not possible to identify the actual person on whose
device the cookie was set.
You can also prevent data processing here by clicking on the link: http://tools.google.com/dlpage/gaoptout.
Google AdSense is an advertising service provided by Google Inc. This service uses the “Doubleclick” cookie, which
tracks use of this Site and user behavior concerning ads, products and services offered. The personal data
collected are cookies and usage data.
Users are free to disable all the Doubleclick Cookies by clicking on: www.google.com/settings/ads/onweb/optout.