PRIVACY POLICY

TOD’S

This information sheet is intended for all persons who visit and interact with this website of the company TOD’S S.p.A. (hereinafter also referred to as “Company”) and is provided for this website only and not for other websites that may be visited by the user by means of the links contained on this site, notwithstanding those items that are clarified, for the purpose of providing complete information, in relation to the web Store in which it is possible to purchase [Tod’s/Hogan/Fay, etc.] products online. The Company shall not in any way be responsible for any unlawful processing of its data by third parties. Therefore, to exercise the rights pursuant to the paragraph “Rights of the interested party”, please see the specific informational reports that such third parties will be required to provide to you as autonomous Personal Data Controllers.

We would like to emphasise that you can access the e-commerce website of TOD’s S.p.A directly from this website. This is the so-called “web Store”, in which you can make online purchases; the web Store is managed by Italian Touch S.r.l., a subsidiary of the Diego Della Valle e C. S.r.l. Group, which sells products under the [Tod’s/Hogan/Fay, etc.] brand marketed on the Store.

If, therefore, you access the Store directly from this website, you will on each occasion be provided with an information page on the handling of the data gathered, depending on the various end goal of the data that may be requested from you (for example, registration for the Store or for online purchases, etc.), which will also be on behalf of TOD’s S.p.A as joint controller or, depending on the case, an independent controller.

The informational report is also motivated by Recommendation no. 2/2001 that the European authorities for the protection of personal data, who comprise the Group created by Art. 29 of Directive no. 95/46/EC, adopted on 17 May 2001 to identify certain minimum requirements for the gathering of personal data online, and, in particular, the manner, timing and nature of the information that the personal data controllers must provide to users when users connect to webpages, independently of the purposes of the connection.

Specific summarized informational reports will be reported or displayed from time to time on the pages of the site which have been prepared for particular services upon request.

The Company will process your personal data in accordance with the provisions set out under Legislative Decree 196/2003 and subsequent amendments (hereinafter, the “Privacy Code”).

Browsing Data

The IT systems and software procedures devoted to the task of operating this website acquire some personal data as part of their normal functions, the transmission of which is implied in the use of the internet communication protocols.

This information is not gathered for the purpose of being connected with identified interested parties but may, due to its nature, enable users to be identified by processing and combination with data held by third parties.

This category of data includes IP addresses or domain names of computers used by users who connect to the website, URI (“Uniform Resource Identifier”) notation addresses of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file returned, the numeric code indicating the status of the response given by the server (successful, error, etc.) and other parameters related to the user’s operating system and IT environment.

This data is used for the sole purpose of obtaining anonymous statistical information on site usage and to control the correct functioning of the site, and is deleted immediately after it is processed. The data may be used to verify liability in the case of hypothetical computer crimes that constitute damages to the website, otherwise, in the current state, the website contact data will not be kept for more than fifteen days.

Cookies

Cookies are not used for the transmission of personal information. The use of these persistent cookies pertains only to users registered by means of encryption for the sole purpose of keeping their browsing sessions active.

The use of so-called session cookies (which are not persistently stored on the user’s computer and are deleted when the browser is closed) is strictly limited to the transmission of session identifiers (composed of random numbers generated by the server) necessary to enable the website to be explored efficiently and safely.

The use of so-called persistent cookies (which have a lifetime beyond the browsing session) is exclusively intended to keep the user’s shopping basket open. No confidential personal data or information is tracked in any way.

The user can also configure their browser to reject cookies or to warn when a cookie is received. For this purpose, each user can find the necessary information to disable the cookies in their browser’s menu bar under the “help” heading. The risk of this is that some websites do not function correctly without cookies. Therefore, if cookies are disabled, our Company cannot guarantee that its website will function correctly.

The so-called session cookies used on this website avoid the need for other computer techniques that may compromise the confidentiality of the user’s browsing session and prevent the user’s personal identification details from being obtained.

Purposes of data processing

Signing up for our newsletter and any consent for marketing and/or profiling; purchase of products from Tod’s Group’s stores and possible completion of coupons for marketing and/or profiling purposes.

If you wish, you can also sign up to receive our newsletter.

Similarly, when making a purchase from one of Tod’s Group’s stores, you may be given the option to provide us with your data by filling out an appropriate paper coupon intended to help us improve the service that TOD’S Group intends to offer to its Customers.

The data that you provide by filling out coupons in one of the Group’s stores and/or by signing up for our newsletter shall be processed - only with your free, prior, express consent – by TOD’S S.p.A. with registered office in Italy at Via Filippo della Valle 1, S. Elpidio a Mare (FM), for the following purposes:

(i)offers for promotions, discounts, special payment terms and other services, as well as to send commercial or promotional information or free products, information about participation in exhibitions or events, conduction of market research and notification of all the special initiatives dedicated to TOD’S/HOGAN/FAY customers;

(ii)analysis of your consumer choices (so-called “profiling”) through a survey of the type and frequency of your online purchases and/or purchases at TOD’S Group stores, so that we can better serve you when you make future purchases at one of the Group’s stores or for the purposes stated in the preceding paragraph.

The data may also be processed for statistical or historical purposes.

Browsing and registering on the “web Store”; possible consent for marketing and/or profiling.

As already mentioned, on this website, you can directly access the e-commerce website of TOD’s S.p.A., the so-called “web Store”, in which you can also make online purchases; the web Store is managed by Italian Touch S.r.l., a subsidiary of Diego Della Valle e C. S.r.l. Group; in the web Store, you will, on each occasion, be presented with an appropriate information page related to the various purposes of the data that might be required from you.

The data provided for registration with the Store, and thus intended for potential online purchase of a product, will be processed by TOD’S in its capacity as joint data controller together with ITALIANTOUCH S.r.l., sole shareholder company, a subsidiary of Diego Della Valle e C. S.r.l. Group, with registered office at Corso Umberto I, n. 171, Civitanova Marche (MC), in order to manage access to the Store’s services and facilitate the online purchase of products.

At all times in the web Store, you can give you prior, free, express consent for your data to be handled by TOD’S S.p.A. for the following possible purposes:

(i)offers for promotions, discounts, special payment terms and other services, as well as to send commercial or promotional information or free products, information about participation in exhibitions or events, conduction of market research and notification of all the special initiatives related to TOD’S/HOGAN/FAY products or third-party products

(ii)analysis of your consumer choices (so-called “profiling”) through a survey of the type and frequency of your online purchases and communicated to TOD’S, so that we can better serve you when you make future purchases at one of the Group’s stores or for the purposes stated in the preceding paragraph.

The data may also be processed for statistical or historical purposes.

Data handling methods

Data handling will be carried out with the help of computer, paper and telecommunications tools. The data handling will be governed by principles of honesty, legality, transparency and protection of your rights and privacy.

The data will be handled in such a way as to reduce to a minimum the risks of destruction, loss, unauthorised access, or handling which was not consented to or which does not conform to the purposes for which it was collected.

The providing of data and consequences if no consent is given to handling data

Data necessary for registration with the Store.

If the data required for registration or for access to the Store’s services, and possible online purchases, is not provided, it will not be possible to register or make purchases on the web Store.

We should point out, for the sake of completeness, that the information related to your credit card used to purchase our products will not be registered and/or stored either by ITALIANTOUCH or by TOD’s or by other companies in the TOD’s Group. The said information will only be stored by the payment service provider.

Optional consent for marketing and/or profiling

Any refusal to provide data or failure to give consent for processing of such data for marketing and/or profiling purposes, as indicated in points (i) and (ii) of the paragraphs “Signing up for our newsletter and possible consent for marketing and/or profiling; purchase of products from Tod’s Group’s stores and completion of coupons for marketing and/or profiling purposes” and “Browsing on the ‘web Store’; consent for marketing and/or profiling”, will simply mean that the data cannot be processed for the purposes indicated in those respective points.

It is therefore understood that in no event will your not consenting to the handling of your data for the purposes of “Marketing and/or profiling” impede your ability to purchase TOD’S Group products.

Persons or categories of persons to whom the data may be communicated and scope of dissemination of the data

Your data will not be disclosed.

Data provided by signing up to our newsletter or with the Tod’s Group stores.

The data provided by you, subject to consent, for the purposes stated in points (i) and (ii) and in the paragraph “Signing up for our newsletter and possible consent for marketing and/or profiling; purchase of products from Tod’s Group stores and completion of coupons for marketing and/or profiling purposes”, will be accessible – always and exclusively with a view to achieving the aforementioned purposes and to ensure constant accuracy and updates at the time of any future relations you may have with TOD’S Group – by employees and contractors (including service providers such as couriers and shipping agents, data entry companies, etc.) of TOD’S S.p.A., charged with processing the data, by companies of TOD’S Group, in the capacity of external data managers, and by TOD’S store managers charged with processing the data, with registered office in Italy or abroad (including outside the EU).

Date provided on the “web Store”

The data provided by you for registration and access to the Store will be accessible by employees and contractors of TOD’S (in its capacity as joint data controller together with ITALIANTOUCH S.r.l.) and may be communicated, for administrative purposes only, to TOD’S Group companies, commercial partners, all service providers and product suppliers used by Tod’s in Italy and abroad.

The data provided by you, subject to consent, for the purposes stated in points (i) and (ii) of the paragraph “Browsing and Online Purchasing of products on the ‘web Store’“; consent for marketing and/or profiling, will be accessible – always and exclusively with a view to achieving the aforementioned purposes and to ensure constant accuracy and updates at the time of any future relations you may have with the Group – by employees and contractors (including service providers such as couriers, shipping agents, data entry companies, etc.) of TOD’S S.p.A., charged with processing the data, by companies of TOD’S Group, in the capacity of external data managers, and by TOD’S store managers charged with processing the data, with registered office in Italy or abroad (including outside the EU).

Persons in charge of maintenance and development of the computer system will also be able to access the data, but only for the periods of time strictly necessary to perform such service.

For any additional information, please refer to the respective information page shown at the time the data is collected on the web Store.

In general, the data may, if necessary, be transmitted to the Competent Authorities, in accordance with legal obligations.

Duration of data handling

Your data will be retained by the Company only for the period which is strictly necessary to ensure proper performance of the services purchased, unless there is a need to retain the data for a longer period of time to comply with regulations, including accounting regulations.

It is understood that your data will be retained and handled by TOD’S S.p.A. for profiling purposes only for the maximum period of time permitted by applicable regulations. At the end of that period, our Company may ask you to renew your consent to process your data or convert them to anonymous form and retain them solely for statistical or historical purposes.

In any event, you may revoke your consent to the handling of the data for marketing purposes at any time: every business communication to you will have a section which will allow you to easily revoke your consent.

The data transmitted to any service providers will be handled by these for the time strictly necessary for the performance of the tasks entrusted to them.

Data Controller

The independent data controller for the data that may be provided as part of signing up to this website’s newsletter and/or completion of the coupons at one of Tod’s Group’s stores is TOD’S S.p.A., with registered office in Italy, at Via Filippo della Valle 1, S. Elpidio a Mare (FM), which can be reached by writing to the following email address: info.privacy@todsgroup.com

In addition, Tod’s S.p.A. is:

- joint data controller (together with Italian Touch) of the data provided by you when registering with the Store to access the respective services;

- independent data controller for the data provided for the marketing and/or profiling purposes mentioned in the paragraph “Browsing on the ‘web Store’; consent for marketing and/or profiling”,

The Data Handling Supervisor for the purposes of handling your personal data, whom you should contact to exercise the rights set forth in the following paragraph (“Rights of the data subject”), is the pro tempore supervisor of the Customer Care Department, who can be reached by writing to the following email address: customercare@todsgroup.com.

General information for Suppliers.

We wish to inform you that TOD’S S.p.A. will process your data in compliance with the provisions of Legislative Decree 196/2003 as subsequently amended; your data will thus be processed in full accordance with the principles of fairness, legitimacy and transparency and the principles of protecting your privacy and rights. Within the meaning of article 13 of the above Legislative Decree, please be informed of the following:

• The data supplied by you will be handled for the following purposes:

• performance of the obligations derived from the contractual relations entered into between you and the Company;
• fulfilment of administrative and accounting requirements (management/entering orders, correspondence, invoicing, etc.) connected to the aforementioned contractual relations;
• fulfilment of legal and regulatory obligations and, in general, rules that may become applicable from time to time, including community rules.

• The data will be processed with the help of telematic, hard copy, and computer instruments.
• The provision of the data is obligatory in order to fulfil the above purposes.

Any refusal to provide the required data or inaccuracy of such data, may lead to non-performance or partial performance of the tasks entrusted to the Company and/or it will not be possible to pursue the relations implemented with the said Company.

• The data will not be disseminated. It will be accessible by the employees of the Company charged with processing the data in order to fulfil the purposes stated in points (a), (b), and (c) above; it may be communicated to third parties, including our commercial partners and authorised service providers, exclusively for administrative and accounting purposes related to the aforementioned contractual relations implemented with the Company and to better fulfil the obligations derived from such relations; in particular, your data may be communicated, in Italy or abroad, to other Companies of TOD’S S.p.A Group.

Persons in charge of maintenance and development of our computer system may also receive/be able to access the data, but only for the periods of time strictly necessary to perform such service.

• Your data will be retained by the Company only for the period which is strictly necessary to ensure proper performance of the aforementioned contractual obligations, unless there is a need to retain the data for a longer period of time to comply with regulations, including accounting regulations.
• The Data Controller is TOD’S S.p.A., with registered office at Via Filippo Della Valle 1, Sant’Elpidio a Mare (FM), Italy.
• The Data Supervisor whom you should contact to exercise the rights set forth in the following paragraph, is the pro tempore supervisor of the Administration and Finance Department of the Company, who can be reached by writing to the following email address: info.privacy@todsgroup.com.
• You have the right, at any time, to know which data the Company is in possession of and how such data is used in compliance with the provisions of article 7 of Legislative Decree 196/03, the text of which is fully transcribed in the following paragraph “Rights of the data subject”.

Rights of the data subject

You have the right, at any time, to know which data the Company is in possession of and how such data is used. You may at any time exercise your rights with the Data Controller in accordance with article 7 of Legislative Decree no. 196/2003.

For your convenience, we have reproduced, hereunder, the text of article 7:

“Article 7. Right of Access to Personal Data and Other Rights

1. The data subject shall have the right to obtain confirmation as to whether or not personal information concerning him exists, regardless of their being already recorded, and communication of such information in intelligible form.

2. The data subject shall have the right to be informed:

a) of the source of the personal information;

b) of the purposes and methods of the processing;

c) of the logic applied to the processing, if the latter is carried out with the help of electronic means;

d) of the identification information concerning the data controller, data processors and the representative designated as per article 5, paragraph 2;

e) of the entities or categories of entities to whom or which the personal information may be communicated and who or which may obtain knowledge of said information in their capacity as designated representative in the State’s territory, data processor or person in charge of the processing.

3. The data subject shall have the right to obtain:

a) updates or rectification of or, where interested therein, additions to the data;

b) deletion, anonymisation or blocking of data that has been processed unlawfully, including data whose retention is unnecessary for the purposes for which it was collected or subsequently processed;

c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data was communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.

4. The data subject shall have the right to object, in whole or in part:

a) on legitimate grounds, to the processing of personal data concerning him/her, even if it is relevant to the purpose of the collection;

b) to the processing of personal information concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.

For US residents only

If you claim that your personal information has been used in a manner that is improper and/or contrary to these Terms of Use or that we have otherwise violated your rights or privacy, you must first give us an opportunity to resolve your claim by sending a written description of your claim to Richard Spata, Chief Financial Officer, r.spata@todsgroup.com. We each agree to review and negotiate your claim in good faith. If we reject your claim or if we are unable to negotiate a resolution of your claim with you, then either you or we may start arbitration proceedings which shall be conducted in New York, New York or such other jurisdiction as may be agreed by the parties in the interest of fairness and convenience. You agree that if you choose to pursue any such claim, you will pursue such claim in an arbitration proceeding (rather than in any judicial forum or court). Any dispute arising out of or relating in any way to use of your personal information and/or violation of your rights of privacy will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in the city of New York, New York, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"). No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys fees without regard to which party is deemed the prevailing party in the arbitration proceeding. The arbitrator shall be authorized to award either party any remedy permitted by applicable law.

If you wish to pursue your claim in arbitration, you must send a letter requesting arbitration and describing your claim to our registered to [name of agent] in order begin arbitration. The American Arbitration Association (AAA) will arbitrate all disputes pursuant to the rules of the American Arbitration Association (AAA). For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.

We each agree that any proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the above arbitration agreement will be void as to you.

An. Del. U.S.A., Inc. , - a wholly owned subsidiary of TOD’S - complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. An. Del. U.S.A., Inc. has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view An. Del. U.S.A., Inc.’s certification, please visit http://www.export.gov/safeharbor/