PRIVACY & COOKIE NOTICE
UPDATED: 28 March, 2019
At TOMS, we are committed to protecting the privacy and security of your personal information in accordance with local law in the places where we operate (see details below). To learn more, please read this privacy & cookie notice that follows (the "Privacy Notice").
This Privacy Notice describes the types of personal information we may collect, how we may use this information and when (under certain circumstances) we may disclose this information. This Privacy Notice also details the steps we have taken to secure your personal information. By visiting our Site, you accept the practices described in this Privacy Notice.
We are not responsible for the content on, or privacy practices of, any non-TOMS website to which this Site links or that links to this Site.
Otherwise, TOMS will not collect any personal information about you except when specifically and knowingly provided by you. Examples of such information are name, shipping and billing addresses, phone number, email address, credit card information and customer preference data. Examples of ways in which we may collect such information from you include the following:
- Registration and Ordering. Before using certain parts of this Site or ordering products, you must complete a registration form. When registering, you will be prompted to provide certain personal information, including but not limited to your name, shipping and billing addresses, phone number, email address, and credit card number. In addition, you may also be asked to provide your gender, country of residence and/or for corporate account: the company's country of operation, so we can comply with applicable laws and regulations. These kinds of personal information are used for billing purposes, to fulfil your orders, to communicate with you about your order and this Site, and for internal marketing purposes. If we encounter a problem when processing your order, we will use the personal information to contact you.
- Email Addresses. Some areas of the Site allow you to enter your email address for purposes including, but not limited to: signing up for the TOMS newsletter or opening a TOMS account.
- Live Support: Our Live Chat function stores all chat for a period determined by TOMS (see the section titled 'Data Retention'). These transcripts are only accessed by TOMS for training and customer service purposes.
- Written Reviews: TOMS will require a valid registered e-mail address and a review name when it comes to completing the review form in relation to a specific TOMS product. Following the moderation process, your review, alongside your review name and date, will be posted on our Site.
- Video Reviews: You may submit a video review either by uploading or directly recording onto our Site. This may be rated, flagged or shared by users visiting the Site through e-mail, or across social networking sites (e.g. Facebook, Twitter, LinkedIn or Google+). Following the moderation process, the video is uploaded onto our Site. Note that if your TOMS profile is linked to a social networking profile (such as Facebook), your name will act as a hyperlink and Site users will be able to click through to access your social networking profile.
Data from other sources:
We can receive data from third party social networks (e.g. such as Facebook, Twitter, Google). This refers to any information that you share publicly on a third party social network or information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share with us. Examples include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share. We receive your third party social network profile information (or parts of it) including statistics and analysis of your social network information every time you download or interact with a TOMS web application on a third party social network such as Facebook, every time you use a social networking feature that is integrated within a TOMS site (such as Facebook Connect) or every time you interact with us through a third party social network. To learn more about how your information from a third party social network is obtained by TOMS, or to opt-out of sharing such social network information, please visit the website of the relevant third party social network. Data that is mandatory is indicated on relevant forms that you complete. Where provision of data is mandatory, if relevant data is not provided, then we will not be able to fulfil your requests to register or otherwise engage with TOMS. All other provision of your information is optional.
INFORMATION USE AND THE LEGAL GROUNDS FOR SUCH USE
|Purpose||Legal grounds for use (EU)|
|To process your orders and communicate with you about your orders and deliveries, and we may send you a confirmation email when you register/place an order with us.||Contractual necessity, legal requirements and legitimate interest grounds (to provide you with products or requested information).|
|If you submit your email address for signing up for the TOMS newsletter or to open a TOMS account, we may use this information to stay in touch with you and/or monitor whether you open and/or click on URLs in TOMS e-mails.||Individuals' consent where required or legitimate interests (i.e. keep you informed of TOMS activities).|
|To send you information newsletters about TOMS, including offers about our products and services.||Individuals' consent where required or legitimate interests (i.e. keep you informed of TOMS activities).|
|If you use our Live Chat function we will use your information for dealing with your query, training and customer service purposes.||Contractual necessity and legitimate interest grounds (to provide you with requested information and for training staff in responding to such requests).|
|We will use your written and/or video reviews on our Site and/or within TOMS for product improvement, product development, customer experience improvement, and possible communication/PR purposes.||Individuals' consent where required and legitimate interest grounds (i.e. making improvements to our products and services by obtaining feedback from you in relation to products that you purchased and/or your customer experience).|
|To compile statistics and analysis about the use of our Site and related services, which statistics are only used to enable us to provide a better service, features and functionality to you and other Site users.||Individuals' consent and legitimate interest grounds (i.e. ensure that our services function smoothly and we understand your interests).|
|To help prevent fraud and other prohibited or illegal activities.||Legal requirements.|
|Third party social networks: We use your personal data when you interact with third party social networking features, such as "Like" functions to serve you with advertisements and engage with you on third party social networks. You can learn more about how these features work, the profile data that We obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third party social networks||Individuals' consent where required or legitimate interests (i.e. keep you informed of TOMS activities).|
We have carried out balancing tests for all the data processing we carry out on the basis of our legitimate interests, which we have described above. You can obtain information on any of our balancing tests by contacting us using the details set out in the section titled 'Questions and Feedback'.
Wherever we rely on consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above. You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time. You can do this by (i) clicking on the opt-out message provided in the communication, or (ii) emailing newsletters@TOMS.com.
TOMS may transfer your personal information between TOMS Shoes, LLC (U.S.) and TOMS EMEA B.V. (The Netherlands) as necessary to provide the products and services you have requested and to fulfill any of the other purposes set out above. Wherever your personal information is transferred, TOMS will (i) comply with all applicable laws and (ii) take reasonable steps to safeguard the privacy of your personal information.
We do not sell or rent information about our customers and all information provided to TOMS remains confidential, except that:
- We may share aggregate or summary information regarding our customers with partners, advertisers or other third parties.
- We may share information with companies that provide support services to us such as a printer, mailing house, fulfilment company, payment service provider, or web host. These companies need information about you in order to perform their functions and are subject to confidentiality agreements. Unless otherwise required by law, they are not authorized to use any of your personal information we share with them for any other purpose. This information may also be shared with marketers whose products or services we feel may be of interest to you. This helps them and/or TOMS to market products and services in accordance with any marketing preferences that you indicated during registration.
- We may be required to disclose such information (a) in response to subpoenas, court orders, requests from law-enforcement officials, (b) if the request is necessary to protect to protect legitimate interests of TOMS or others, or (c) if we are otherwise required to disclose such information by law.
- We may publicly disclose the identity of the winner of any online sweepstakes, contests or promotions.
- In the event that TOMS or its assets are acquired by or merged with another company, we may share your information with any of our legal successors.
- We will use your written and/or video reviews on our Site.
Where information is transferred outside the EEA (e.g. US, Switzerland, Canada) and where this is to a TOMS affiliate or vendor in a country that is not subject to an adequacy decision by the EU Commission, data is adequately protected by EU Commission approved standard contractual clauses or an appropriate Privacy Shield certification. A copy of the relevant mechanism can be provided for your review on request.
- Strictly necessary cookies: These cookies are essential in order to enable you to move around our Site and use its features, such as accessing secure areas of the Site. Without these cookies, services you have asked for, like shopping baskets, cannot be provided.
- Performance cookies: These cookies collect information about how visitors use the Site, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don't collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.
- Functionality cookies: These cookies allow the Site to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.
- Targeting/advertising cookies: These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaigns. They are usually placed by advertising networks with our permission. They remember that you have visited the Site and this information is shared with other organizations such as advertisers. For example we use Facebook Custom Audiences and Facebook Lookalike to deliver advertisements to website visitors.
- Social Media Cookies: These cookies allow you to share what you've been doing on the Site on social media such as Facebook and Twitter. These cookies are not within our control. Please refer to the respective privacy policies for how their cookies work.
Further to this, please note that our Site and our service providers may also process your device’s IP address (either full or in part) in a similar fashion.
Certain parts of our Site require cookies. Use our consent banner, our cookie management tool, the consent mechanisms of our regular services providers where available (see details below) and/or adjust your browser settings (consult the "Help" section of your browser for more details) so as to accept or reject cookies. You can find out more information about cookies at: www.allaboutcookies.org.
Note that by disabling cookies, you may not be able to shop from this Site. However, you can still place orders over the telephone by contacting our customer service number at 0-800-070-6175.
SAFE SHOPPING GUARANTEE (FOR U.S. RESIDENTS ONLY)
The Fair Credit Billing Act states that your bank cannot hold you liable for more than $50.00 of fraudulent credit card charges. If your bank does hold you liable for any amount up to the full $50.00, TOMS will cover the entire liability, up to the full $50.00.
If you suspect unauthorized use of your credit card, you must notify your credit card according to its reporting rules and procedures.
Please note that TOMS will cover this liability only if the unauthorized use of your credit card resulted through no fault of your own from purchases made at TOMS online shopping while using our secure server.
We do not intentionally collect personally identifiable information from children under the age of thirteen. If we become aware that we have collected personally identifiable information from a user of the Site who is under the age of thirteen, we will remove that child's personal information from our files.
If you are a customer, we will retain and use your personal information for as long as your account is active, as needed to provide you the products and respond to queries, to document our business relationship with you, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Where you have provided a product review, we will retain this information for a minimum period of 1 year and for no more than 2 years from the date of publication of the review.
Where we process your personal information for marketing purposes, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data indefinitely so that we can respect your request in future.
Where we process personal information in connection with performing a contract or for a competition, we keep the personal information for 6 years from your last interaction with us.
Where we process personal information to monitor and compile statistics about the use of our Site, we keep the personal information for 13 months.
Where we process personal information to meet legal requirements, we hold this for as long as the law requires (for examples, we may hold records to help prevent fraud and other prohibited or illegal activities).
OPT OUT / CORRECTIONS AND YOUR RIGHTS
You can ask us for a copy of your personal information, to correct, delete or restrict (stop any active) processing of your personal information and to obtain the personal information you provide to us for a contract or with your consent in a structured, machine readable format.
In addition, you can object to the processing of your Personal Information in some circumstances (including where we are using the data for direct marketing).
These rights may be limited, for example if fulfilling your request would reveal personal information about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping.
To exercise any of these rights, you can get in touch with us using the details set out below:
You can also suppress your account to prevent any future purchases through that account. Please note that in case of account suppression, we will still retain certain information (including but not limited to personal information) so as to fulfil our legal and accounting obligations, for business purposes and to protect TOMS’ interests (e.g. invoices, payment transaction details, shipping and transactional information, etc.). You can make these requests by emailing your request to TOMS Customer Support department at firstname.lastname@example.org. Please clearly label the subject line "Opt Out / Corrections," and do not email your credit-card number or other sensitive information. In specific circumstances, proof of identity and payment might be required.
OFFLINE COLLECTION, USE & DISCLOSURE OF INFORMATION
The majority of information that we collect is obtained through our Site, and this Privacy Notice applies only to that online collection of personal information. We also collect information offline, where we also try to protect the privacy of your personal information. One example involves someone calling us to place an order or to ask questions. When someone calls, we will ask only for the personal information we need in order to place the order or to answer the question. When we need to store information (such as order information), we will enter it into our database through SSL encryption. Note that all calls are recorded for for training/customer service purposes and to provide evidence of possible transactions. Calls are retained for a period determined by TOMS.
We may change our Privacy Notice from time-to-time. We encourage you to refer to this Privacy Notice on an ongoing basis so that you understand our current Privacy Notice.
Any substantive or material change to the Privacy Notice will be brought to your attention – for example, by including a pop-up notice on the website. Your continued use of the Site after this Privacy Notice has been updated, as shown in the version date, indicates your agreement and acceptance of this Privacy Notice, including all changes made as of the date of your use of the Site.
QUESTIONS AND FEEDBACK
We welcome your questions, comments and concerns about privacy.
|www.toms.com||TOMS Shoes, LLC||5404 Jandy Place, Los Angeles, California 90066 (USA)|
|www.toms.co.uk||TOMS EMEA B.V.||Danzigerkade 13 F, 1013 AP Amsterdam (The Netherlands)|
If you are resident in the European Union and you have unresolved concerns or at any time do not believe that we have complied with this Privacy Notice, you have the right to complain to an EU data protection authority where you live, work or where you believe a breach may have occurred.