Data Privacy (Non-HR Data)

EU/UK/SWISS - U.S. Data Privacy Framework Policy - Non-HR Data

Effective date: 7/12/24

Thom Browne Inc. (“Thom Browne”) respects Consumers’ concerns about privacy and recognizes the importance of being transparent regarding the personal information Thom Browne collects about them.


This Privacy Policy applies to personal information Thom Browne collects about Consumers in connection with its products and services, for example when visiting the European website (“Website”), when visiting any store in the European Economic Area, United Kingdom, and Switzerland and/or when engaging with Thom Browne through social media platforms.


Thom Browne complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Thom Browne has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Thom Browne has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the DPF Principles shall govern.
For purposes of this Policy:


“Consumer” or “Consumers” means any natural person who is located in the EU, UK or Switzerland, but excludes any individual acting in his or her capacity as an employee of Thom Browne. Personal data of consumers can also be referred to as Consumers Personal Data.


“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.

“DPF Principles” means the Principles and Supplemental Principles of the DPF.

“European Union” or “EU” means the European Union and Iceland, Liechtenstein, and Norway.


“Personal Data” means any information that is (i) about an identified or identifiable individual, (ii) received by Thom Browne in the U.S. from the EU, UK, or Switzerland, and (iii) recorded in any form.


“Processor” means any natural or legal person, public authority, agency, or other body that processes Personal Data on behalf of a Controller.

“Purpose” means the purpose for which Thom Browne carries out a processing activity on Personal Data such as marketing activities.


“Website” means the official Thom Browne website: www.thombrowne.com.

“Store” or “Stores” means each store of Thom Browne located in the EU, UK, or Switzerland.

Thom Browne’s DPF certification, along with additional information about the DPF, can be found at https://www.dataprivacyframework.gov/.


For more information about Consumer Personal Data processing with respect to information obtained through Thom Browne’s Website and in Stores, please visit the Company’s website (www.thombrowne.com).

 

1. Types of Personal Data Thom Browne collects and related Purposes.

Thom Browne collects Personal Data directly from Consumers through the Website and in Stores. Thom Browne obtains, uses, transfers and otherwise processes Personal Data related to its Customers to (i) process transactions they request, including e-commerce, (ii) improve its Stores and Website quality of service, and Consumers’ shopping experience, (iii) send communications about its products, services, campaigns and brand promotions, (iv) enable service providers to perform certain activities on the Company’s behalf, and (v) comply with legal obligations, policies and procedures and for internal administrative and analytics purposes.

The types of Consumers Personal Data Thom Browne collects include:

  • Name
  • Surname
  • Age
  • Date of birth
  • Gender
  • Billing and shipping address
  • Telephone number
  • Email address
  • Social Media information
  • Shopping preferences and purchase history
  • Information obtained by automated means when Consumers visit the Website, such as through cookies, web beacons, and web server logs (including the IP address of the device the Consumer uses to connect to the Internet, domain name, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on the Website, dates and times of Site visits and the pages accessed)
  • Any other information Consumers provide or generate on the Website and in Stores.

Thom Browne may also obtain and use Consumers Personal Data in other ways for which the Company provides specific notice at the time of collection.
Thom Browne’s privacy practices regarding the processing of Consumers Personal Data comply with the DPF Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.

2. Notice

Thom Browne provides information in this Policy and the privacy notice published on the Website regarding its Consumers Personal Data practices, including the types of Personal Data Thom Browne collects, the types of third parties to which Thom Browne transfers the Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and transfer of their Personal Data, and how to contact Thom Browne about its practices concerning Personal Data.

Relevant information regarding the processing of Consumers Personal Data may also be found in notices pertaining to specific data processing activities such as in-store events.

3. Choice

Thom Browne generally offers Consumers the opportunity to choose whether their Personal Data may be (i) transferred to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. Consumers may contact Thom Browne as indicated below (see Section 9. How to Contact Thom Browne) regarding the Company’s use or transfer of their Personal Data. Unless Thom Browne offers Consumers an appropriate choice, the Company uses Personal Data only for the same purposes indicated in this Policy.

Thom Browne shares Personal Data with its affiliates and subsidiaries. Thom Browne may transfer Personal Data without offering an opportunity to opt out, and may be required to transfer the Personal Data, (i) to third-party Processors the Company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. Thom Browne also reserves the right to transfer Personal Data in the event of an audit or if the Company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution, or liquidation).

4. Accountability for Onward Transfer of Personal Data

This Policy and the privacy notices published on the Website or otherwise provided to Consumers indicate Thom Browne’s transferring of Personal Data. In particular, Thom Browne transfers Consumers Personal Data to other entities within the group (i.e. infra-group transfers between TBI and TBT) and to third parties (e.g. digital marketing agencies) for purposes related to Customer service and marketing activities.
Except as permitted or required by applicable law, Thom Browne provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. Thom Browne requires third-party Controllers to whom it transfers Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the DPF Principles, and (iii) notify Thom Browne and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the DPF Principles.

With respect to transfers of Personal Data to third-party Processors, Thom Browne (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the DPF Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with Thom Browne’s obligations under the DPF Principles, (v) requires the Processor to notify Thom Browne if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the DPF Principles, (vi) upon notice, including under (vii) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (viii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. Thom Browne remains liable under the DPF Principles if the Company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the DPF Principles, unless Thom Browne proves that it is not responsible for the event giving rise to the damage.

5. Security

Thom Browne takes reasonable and appropriate measures to protect Consumers Personal Data from loss, misuse and unauthorized access, disclosure, alteration, and destruction, considering the risks involved in the processing and the nature of the Personal Data.

6. Data Integrity and Purpose Limitation

Thom Browne limits the Personal Data to what is relevant for the purposes of the processing. Thom Browne does not process Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes, Thom Browne takes reasonable steps to ensure that the Personal Data the Company processes are (i) reliable for its intended use, and (ii) accurate, complete, and current. In this regard, Thom Browne relies on its Consumers to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers may contact Thom Browne as indicated below (see Section 9. How to Contact Thom Browne) to request Thom Browne to update or correct their relevant Personal Data.
Subject to applicable law, Thom Browne retains Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer.

7. Access

Consumers generally have the right to access their Personal Data. Accordingly, where appropriate, Thom Browne provides Consumers with reasonable access to the Personal Data Thom Browne maintains about them. Thom Browne also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the DPF Principles, as appropriate. Thom Browne may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Data by contacting Thom Browne as indicated below (in Section 9. How to Contact Thom Browne).

8. Recourse, Enforcement and Liability

Thom Browne has mechanisms in place designed to help assure compliance with the DPF Principles. Thom Browne conducts an annual self-assessment of its Personal Data practices to verify that the attestations and assertions Thom Browne makes about its DPF privacy practices are true and that Thom Browne’s privacy practices have been implemented as represented and in accordance with the DPF Principles.
Consumers may file a complaint concerning Thom Browne’s processing of their Personal Data. Thom Browne will take steps to remedy issues arising out of its alleged failure to comply with the DPF Principles. Consumers may contact Thom Browne as specified below (see Section 9. How to Contact Thom Browne) about complaints regarding the Company’s Personal Data practices.

If a Consumers’ complaint cannot be resolved through Thom Browne’s internal processes, Thom Browne will cooperate, at no cost to the individual, with JAMS pursuant to the JAMS DPF Program, which is described on the JAMS website at https://www.jamsadr.com/DPF-Dispute-Resolution. JAMS mediation may be commenced as provided for in the JAMS rules. Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has DPF investigatory and enforcement powers over Thom Browne. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about Thom Browne’s compliance with the DPF Principles.

9. How to Contact Thom Browne

To contact Thom Browne with questions or concerns about this Policy or Thom Browne’s Personal Data practices:

Write to:
Thom Browne Inc.
Attention: Pasqualino Granato, Privacy Manager
Via Ligornetto, 14
68550 – Stabio, CH
Or:
E-mail: privacy@thombrowne.com