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Privacy Policy – Max Mara Canadian Site

Torontomax Inc. (the "Company", “Max Mara”, “our”, “we” or “us”) is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose any personal information from you when you visit or purchase merchandise on our site [ca.maxmara.com] (the "Site") or from our stores in Canada.  This Privacy Policy explains our information practices and the choices that you, as a visitor or user of this Site, can make about the collection, use and disclosure of your personal information. We will only collect, use and disclose your personal information in accordance with this Privacy Policy.

This Privacy Policy is incorporated into and forms part of our Terms and Conditions of Use, which outline the terms and conditions you agree to when accessing and using the Site. By accessing and using this Site, or otherwise providing us with your personal information in our stores, you agree and consent to the collection, use and disclosure of your personal information as outlined in this Privacy Policy. 

WHAT PERSONAL INFORMATION DO WE COLLECT?

Personal Information

For purposes of this Privacy Policy, "personal information" means any information by which you can be personally identified, including name, address, telephone number, email address, billing and shipping address, account information, credit or debit card information, and other information incidental to the purchase of goods or services. 

We collect personal information from you only when you voluntarily provide us with this information, such as when placing an order through the Site as a “guest”; establishing an account or modifying your account; by setting up a wish list; entering a contest, sweepstakes or promotion; searching on the Site; contacting us with a comment or question; signing up to receive email newsletters and updates regarding our latest products and services, store openings, events or promotions concerning the brands of MaxMara; or requesting to receive an order confirmation, shipping confirmation or other alerts. 

 

The Company also collects and retains personal information as well as aggregated information about purchases you make and your activities on the Site.  This information is used by the Company in connection with its efforts to provide you with more meaningful and relevant advertising and promotional materials.

The personal information collected on the Site is processed mainly using electronic or on-line means.  In stores, personal information may also be processed in hard copy and subsequently copied onto the Company’s computer platforms.

Browsing Information; Cookies

When you visit the Site, our web servers automatically recognize certain information about you, such as your domain name, access provider, internet protocol (IP) address, and browser language. The Site also uses a browser feature known as a cookie, which assigns a unique identification to your computer.  The information collected from cookies allows us to provide better customer service to you and improve features of our Site in a variety of ways, including by determining whether you have visited the Site in the past and which pages of our Site you have visited. 

 

We also use cookies and/or a technology known as single pixel gifs or web beacons to help us confirm receipt of and response to our emails, to record the actions of users of the services, to measure statistics of our marketing efforts, to deliver more meaningful and targeted advertisements about the services, promotions and our products that may be more relevant to individual consumers and to provide you with a more personalized experience. 

We want to make your experience with Max Mara as interesting and as customized as possible, and to do this, we, with the help of one or more third party service providers, will use cookies on your computer to trace your online browsing habits and purchasing activities on our Site and other websites you visit. We and/or our third party service providers will then use the information collected from the cookies to provide you with suitable and tailored Max Mara advertisements when you visit our Site and other websites, such as social media sites, Google and Yahoo.  If you do not want to receive this type of customized advertising, we will give you the option to opt-out when you visit our Site. 

Please consult the Cookie and Advertising Management section of the Site for more information about cookies generally and how to turn cookies on and off.

HOW DO WE USE YOUR INFORMATION?

We use personal information collected on the Site for the following purposes:

  • to purchase a product, open an account and process returns;
  • to develop, market, sell or provide our products and services to you;
  • to conduct surveys, contests, sweepstakes or promotions if you have agreed to receive electronic communications from us
  • to manage and develop our business and operations, administer accounts, and collect and process payments; and
  • to provide you with more relevant and targeted advertisements, both on the Site as well as on other third party sites (including social media sites) that you may subsequently visit.

In order to serve you better (including in connection with our advertising programs), we may also combine information you provide to us on the Site with information you provide to us in other ways, such as in our United States and Canadian retail stores, and with information from third parties including demographic or public information.

If you expressly opted-in to receive electronic communications from us or unless we are otherwise permitted to send you electronic communications under Canadian law, we may use the information to: communicate with you regarding our products, services and promotions; send you more relevant and targeted advertising as described above and provide you with other information that you request, including newsletters and information about product sales and offerings. You will always have the opportunity to "unsubscribe" from receiving e-mail or other communications at any time as is discussed below.

If you contact one of our Customer Services Representatives through this Site, we may ask you for personal information such as your name, address, phone number, or e-mail address so that we can respond to your questions or comments.

Please do not send us confidential or proprietary information when communicating with us through this Site. Any information that you send us, including information that is confidential or proprietary to you, will be deemed to be and treated by us as non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.

HOW DO WE DISCLOSE PERSONAL INFORMATION?

Except as described below, we do not sell, transfer or otherwise disclose to third parties the personal information that we collect on this Site or in our stores. 

Subject to Canadian law requirements, we share your information collected on this Site with our affiliates, distributors, licensees and franchisees, including those located in other countries and to other companies that provide services on our behalf (as further described below), whether upon our direction or the direction of a third party.  We will only provide those companies and organizations the information required to deliver the services described on this Site and will prohibit them from using that information for any other purpose.

We also share your information with selected third parties who provide services to us, including those that fulfill orders, ship products, process credit and debit card payments, monitor and analyze Site activity, host Site content, maintain our customer database, assist in marketing and administer emails, surveys, contests, sweepstakes or promotions (collectively, “Third Party Providers”).  To provide such services on our behalf, such Third Party Providers may have access to, store and process your personal information in jurisdictions (including the United States) whose data protection laws differ from those of Canada. As a result, personal information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.  For example, information may be shared in response to valid demands or requests from government authorities, courts and law enforcement officials in those countries. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require our Third Party Providers to maintain protections on personal information that are equivalent to those that apply in Canada.

We also reserve the right to transfer any personal information we have about you in the unlikely event that we sell or transfer all or a portion of our business or assets to a third party or due to any merger, reorganization or liquidation. 

Further, we reserve the right to disclose any personal information as needed if such information is requested by law enforcement agencies or if we are requested to do so by law, regulation, court order, or by a government entity. We may also disclose your personal information to third parties if we have reason to believe that disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) cooperate in any legal investigation that involves the possible contravention of the laws of Canada; (iii) identify, contact, or bring legal action against someone who may be violating the Terms and Conditions of Use of this Site; or (iv) to protect our rights, privacy, safety or property in instances of fraud or violations of the laws of Canada.  Lastly, we may disclose your personal information for any other purpose to which you consent.

HYPERLINKS

We provide links to various Max Mara owned or controlled websites, as well as links to third party websites, for example to provide access to certain social media platforms or in connection with surveys conducted by third parties on behalf of the Company.  If you elect to provide your personal information on any such linked website(s), that information will be subject to such linked website's privacy policy and security practices and is not governed by this Privacy Policy.  We are not responsible or liable for any content presented by or contained on any website other than the Site, including, but not limited to, any advertising claims or marketing practices.  Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit.  We also are not responsible or liable for any privacy or security policies of any sites that are linked to from the Site.   

CHILDREN'S PRIVACY

We do not knowingly request or collect personal information from any person under the age of thirteen on this Site.  If a child has already provided us with personal information, his or her parent or guardian may contact us for the purpose of deleting this information.  In the event we learn we have collected personal information from a child under age thirteen, we will delete that information.

SECURITY

The security of your personal information is important to us. We maintain administrative, technical and physical safeguards appropriate to the sensitivity of such information designed to protect against unauthorized use, disclosure or access of the personal information that we collect on this Site.  For example, when you provide any order information, we use Secure Socket Layer (SSL) technology, an encryption tool that provides security while transmitting this information over the Internet.  We also use firewall technology, password controls, and other technological and procedural safeguards in maintaining the Site.  Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure.  While we are committed to protecting your personal information, we cannot ensure or warrant the security of any information you provide to us.  All Third Party Providers that obtain personal information from us are contractually required to protect your confidentiality and personal information in a manner consistent with this policy, and/or as required by law.

If we believe that the security of your personal information in our possession or control was or may have been compromised, we will notify you of that development as required by applicable law using any of the methods prescribed thereunder.

YOUR RIGHT TO ACCESS

Max Mara supports your right to access personal information that we have collected about you. To make a request for access to the personal information that we have on file for you, please contact our Privacy Officer by emailing us at privacy@maxmara.com.  When contacting us, please be sure to provide us with your name, email address, mailing address and/or telephone number(s) in order to be sure we handle your request correctly.

Please note that Max Mara cannot guarantee you complete access due to certain legal restrictions upon your right to access. For example, you will not have access to files that contain information about other individuals or information that is confidential to Max Mara. If you are denied access, Max Mara will notify you of the reason and of any recourse available to you. Max Mara will also endeavour to provide you with the factual information that pertains to you and is contained in those files.

ACCURACY

Max Mara will endeavour to keep your personal information as accurate, complete and up-to-date as necessary. Registered users may access and edit the personal information that is stored about them in their user accounts by signing or logging in on the Site.  Unregistered users (such as “guest” users and users that only subscribe to newsletters) may contact our Privacy Officer to assist them in updating their personal information.  At any time, you may contact our Privacy Officer to update and amend your personal information we have on file to ensure its accuracy and completeness, correct any such personal information about you, remove such information from our marketing databases, unsubscribe from electronic communication, or dispose of any or all personal information about you.

RETENTION

Max Mara has established a retention policy for all personal information collected. We and our Third Party Providers will only keep your personal information on our records so long as it is needed for its identified purposes, or as required by law.  Max Mara destroys your personal information when it is no longer needed, or we will otherwise anonymize such personal information.

ELECTRONIC COMMUNICATIONS

In accordance with Canada’s anti-spam legislation, when you signed one of our customer cards in-store or registered for an account here at the Site, you had the opportunity to provide us with express consent to receive electronic communications from us. If you wish to receive ongoing marketing materials and promotional opportunities from us electronically, we will ask you to opt-in at the time of account registration.  We will not communicate with you electronically unless you have given us your express consent to do so or are otherwise permitted under applicable law.  You can always later opt-out from receiving electronic communications by contacting our Privacy officer at privacy@maxmara.com or by contacting us at (866) 676 - 2962 or by clicking the “unsubscribe” section at the bottom of the electronic communication that you received from us. If you ever have any questions regarding email profiles and subscriptions, please do not hesitate to contact our Privacy Officer at privacy@maxmara.com.

UPDATING THIS POLICY; NOTICES

The Company reserves the right, at its discretion, to change, modify, add, or remove portions of this Privacy Policy at any time, without prior notice to you, by posting such revised Privacy Policy on this page of the Site and updating the “Last Modified” date above.  It is your responsibility to review this Privacy Policy from time to time to take notice of any changes we made.  In some cases, we may provide additional notification of material changes to this Privacy Policy by adding a statement on the homepage of our Site or, for registered users, by sending a notification email or by adding a statement on their account page.  By accepting such revised Privacy Policy through a “click accept” in such notification email or account page statement, by completing a purchase on the Site or in any Canadian store after this Privacy Policy has been revised, or, otherwise, by using or submitting information to the Site following the posting of the revised Privacy Policy, you accept and agree to such revised Privacy Policy. 

HOW TO CONTACT US

We welcome your feedback. If you have questions, comments or concerns about our Privacy Policy, or would like to do any of the following:

          see personal information that you have already sent us so that you can correct or update it delete your personal information from our files;

          if your child under 13 has sent us personal information, delete that personal information from our files;

          ask that we not send you mailings or otherwise contact you; or

          report any violation of this Privacy Policy,

Please contact our Privacy Officer at privacy@maxmara.com

Phone number: (866) 676 - 2962

We will use commercially reasonable efforts to deal quickly with your request and will always respond to you within thirty (30) days. If we need to extend the time, or if Max Mara has to refuse your request, Max Mara will tell you why, subject to any legal restrictions and will notify you of the new deadline, the reasons for the extension, and your rights under applicable legislation respecting the extension. 

We want to make your experience with Max Mara as interesting and as customized as possible, so we, with the help of third party service providers, will place cookies on your computer to trace your online browsing habits and purchasing activities on this website and other websites you visit. We can then use this information to provide you with useful and tailored Max Mara advertisements when you later visit this website and other websites, such as social media sites, Google and Yahoo. I do not want to receive this type of customized advertising.

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