Welcome to our website www.elenarcollective.com (the “site”). Please read our privacy policy carefully.
This privacy policy applies when you visit or surf the site without purchasing any product, when you register on the site and when you use our services for purchasing products. By using this site, you accept the practices described in this privacy policy. If you do not want to accept the practices described in this privacy policy, please do not use the site.
Since personal data (“personal data”) of users and customers (collectively “users”) of this site may be processed in Switzerland, any processing of personal data will be conducted in compliance with applicable Swiss laws.
Your personal data are collected and processed by ELENAR Neukomm (”ELENAR”) as well as by their service providers located within and outside of Switzerland (collectively “us”, “we”, “our”). For any issues relating to this privacy policy you can contact our customer care and select “Privacy” as the subject in your request.
Your personal data will be processed to provide the services you subscribed to or reserved for registered users, to facilitate your navigation of and shopping from the website and to keep you informed of ELENAR’s news and offers.
ELENAR is the controller of personal data collected and processed for the purpose of rendering the e-commerce services and the sale of products (herein the “commercial purposes”) through the site.
ELENAR is the controller of personal data of users and customers of the site throughout the world, which is collected for conducting, concluding and performing transactions for purchasing products on the aforementioned site. ELENAR ensures that personal data are processed in a correct and lawful manner and in accordance with good practice. Any such processing of personal data will be conducted in compliance with applicable Swiss law.
ELENAR is the sole data controller of the personal data processed for marketing purposes, notably to send users, also through newsletter, information and updates on its products, offers, exclusive sales, promotional campaigns and on events and similar initiatives organized by ELENAR (herein the “marketing purposes”).
1. OUR POLICY
Everyone has the right to protection of his/her personal data. We respect users’ right to be informed regarding the collection of and other operations involving their personal data. In using data that may directly or indirectly identify you personally, we will apply a principle of strict necessity. For this reason, we have designed the site in such a way that the use of your personal data will be kept to a minimum and will not exceed the purposes for which your personal data was collected and/or processed; We do not process your personal data when we can provide you with services through the use of anonymous or traffic data (such as marketing research made for improving our services, browsing data processed to provide you with customized contents or offers adapted to your preferred language, your location, etc.) or by other means which allow us to identify you, apart from when it is strictly necessary or upon request by competent public authorities or the police (for example, in case of traffic data or your IP address).
This privacy policy provides you with all information needed to understand how we collect data which may identify the site’s users. For further information on our privacy policy, please contact us through our customer care and select “Privacy” as the subject in your request.
2. WHO COLLECTS AND PROCESSES YOUR PERSONAL DATA, HOW AND FOR WHICH PURPOSES?
ELENAR may be the controller of your personal data as it determines the commercial purposes and means of processing personal data. For the commercial purposes only, ELENAR, has appointed certain entities that will also process personal data relating to the site’s users (herein the “processors”).
The above mentioned service providers and processors have been chosen because of their experience in processing personal data and they provide sufficient guarantees regarding compliance with data protection laws (including the technical security measures governing the processing to be carried out).
For the commercial purposes, we collect your personal data (such as personal details, email, address, credit card numbers, bank code, tax code and telephone number etc.) on your order form only for the purpose of selling the products ordered by you. Your personal data is mostly processed by electronic means and, in some circumstances, by paper-based means, such as when the processing of your personal data is required for preventing fraud on the site. Your personal data shall be stored in a way which allows us to identify you for the period necessary for the purposes which the data was collected for and subsequently processed and, in any case, in accordance to applicable laws. Please report any modification of your personal data to our customer care and select “Privacy” in your request or through your personal account on the site in order to ensure that your personal data is always accurate and up-to-date, relevant and complete. Your personal data shall not be disclosed to third parties other than us for purposes which are not permitted by law or without your consent.
Aside from the processors appointed for personal data processing, your personal data will be made available also to third parties, autonomous controllers, for purposes related to supplying services requested by users (for example, for purchase transactions) or for purposes of third parties. Please contact our customer care and select “Privacy” as the subject in your request if you would like to receive a full list of our data processors involved in processing your personal data.
For the marketing purposes, we may process your personal data as well as browsing data (“traffic data”) resulting from the use of the site and of our services by any user, in order to provide users with customized contents and offers on our services or to deliver any newsletter they subscribed to, subject to their discretionary right to withdraw their subscription to such newsletter or to oppose or object to the receiving of any advertising or marketing content which we think is of interest to a specific user. For marketing purposes, personal data and traffic data is mostly processed by electronic means and shall be stored in any case, in accordance with applicable laws and available to our processors.
Moreover, your personal data may be disclosed to the police or to judicial authorities, according to applicable laws and upon a formal request by such entities, for example in the event we need to prevent fraud on the site (anti-fraud services).
Data processors will also have access to your personal data as stated in section 2 for the specific purposes stated therein. In all the above circumstances, your consent for data processing is not required as personal data processing would be necessary for the performance of commercial purposes.
We may have access to third parties’ personal data which was directly disclosed by its users, for example when a user bought a product to be sent to a friend, when the user paying for the product is different from the recipient of the product, or when a user wishes to recommend a service of the site or the sale of a particular product to a friend. In all the above cases, please make sure you receive the consent of such individuals before disclosing their personal data to us and make sure you inform them about this privacy policy; you will be the only person liable in connection with the disclosure of information and data regarding such third parties if they have not provided you with their prior explicit consent for it and for any improper and unlawful use of that information. In any event, we shall fulfill any obligation to inform third parties required by law and, when necessary, shall request their explicit consent upon registering in their archives the personal fata of the user indicated.
3. WHAT HAPPENS IF YOU DO NOT DISCLOSE YOUR PERSONAL DATA TO US?
Granting your personal data to us (in particular, your personal details, your email, your address, your credit/debit card numbers and bank code and your telephone number) is necessary for processing your order for the purchase of products on the site, supplying other services provided on the website upon your request, or when your personal data is needed to fulfill obligations required by law or regulations. The refusal to provide us with some of your personal data necessary for performing the above purposes may consequently prevent us from processing your order for the purchase of products sold on the site or fulfilling obligations required by law and other regulations. Therefore, failing to provide personal data may constitute, in some cases, a legitimate and justified reason for not processing your order for the purchase of products sold on the site or not providing the site’s services.
Disclosure of further personal data to us other than that required for fulfilling legal or contractual obligations and to properly browse our services with necessary traffic data is, on the contrary, optional and does not have any effect on the use of the site and of its services or on the purchase of products on the site. We will inform you at every step whether disclosing your personal data to us is compulsory or optional by marking with an appropriate symbol (*) the information that is compulsory or data needed for the purchase of products on the site.
4. TO WHOM YOUR PERSONAL DATA WILL BE DICLOSED?
Personal data will be disclosed to third party companies that provide, on behalf of ELENAR, specific services as data processors or to other recipients of personal data collected by us that process your personal data only for the commercial purposes and, in any case, according to applicable laws and regulations.
Notwithstanding the foregoing, personal data will not be disclosed to any other third parties or disseminated or transferred without informing our users of such disclosure/dissemination/transfer, and, in any case, in accordance with the applicable laws.
5. SECURITY MEASURES
We have adopted security measures to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access, and against all other reasons for data processing that do not comply with our privacy policy. For the best possible protection of your personal data outside the limits of our control and management of the same, it is advisable that your computer be provided with software devices that protect network data transmission/receipt (such as updated antivirus systems) and that your internet service provider take appropriate measures for the security of network data transmission (such as, for example, firewalls and anti-spam filtering).
6. COOKIES
The site uses automatic systems of traffic data collection, such as cookies. A cookie is a file stored on the hard disk of the terminal of an internet user; it does not contain intelligible information but it allows linking between a terminal and other information about user's experience on the site and his/her preferences expressed while choosing services and purchasing products offered by the site provided by the users. For cookies disseminated by our servers, no one else may gain access to the information contained therein. These information and data are gathered directly and automatically by the site. The information collected by cookies will be processed in order to optimize the services of the site. We have provided cookies in connection to functions such as selecting the country, the language, the location, browsing the catalogue, purchasing products online and in general in connection with the provision of services reserved to registered customers. Each internet browser allows the blocking or the deletion of cookies. Your internet browser contains instructions on these procedures. Please access the information on your internet browser if you wish to delete cookies.
The acceptance of automatic data collection procedures and the use of cookies are necessary for using the site and its services, including the purchase of products. If you have started the procedure of blocking or deleting cookies, we cannot ensure that all web pages of the site will be displayed or that certain services will be supplied such as, for example, storage or display on the web pages of products you chose when you were finalizing the online purchase processes.
7. COMPULSORY PROCESSING
We wish to inform you that we may process your personal data also without your consent in certain circumstances provided by laws.
8. YOUR RIGHT TO ACCESS PERSONAL DATA AND FURTHER RIGHTS
You are entitled to obtain, at any time, confirmation from us as to whether or not data relating to you is being processed, whether the data is not yet registered, and the communication in intelligible form of the data undergoing processing. Moreover, you are entitled to receive from us information on the source of your personal data; the purposes and way of processing your personal data; the logic involved in any electronic data processing; For further information, contact our customer care.
You are entitled to obtain at any time from us:
a. The updating, adjustment or, when you have an interest in such, the integration of your personal data;
b. The deletion, the transformation into an anonymous form or blocking of your personal data (unlawfully processed), including data which does not need to be stored for the purposes for which it was collected and subsequently processed;
c. The confirmation that the operations under letters a) and b) have been reported (together with the contents of the same) to whom the data was disclosed or disseminated, except when it becomes impossible or if the means used are clearly disproportionate to the right's protection.
You are entitled to object, in whole or in part:
a. For legitimate reasons, to the processing of your personal data, even if it is related to the purposes for which it was collected;
b. To the processing of your personal data for advertising or direct marketing purposes or in order to carry out marketing research or commercial communications.
You may freely exercise your rights at any time, provided that you do so in compliance with applicable laws, by sending your request to us through our customer care and select ‘privacy’ as the subject in your request. We will reply to you as necessary.
9. OPT-IN / OPT-OUT
Each time your consent is required, ELENAR will inform you in advance and will give you the option to either provide or refuse your consent for the use of your personal data, including your email, for the above purposes, by ticking the appropriate boxes.
We wish to inform you that we may process your personal data also without your consent in certain circumstances, such as when such processing is necessary for performing a legal obligation to which we are subject or when such processing is necessary for performing obligations undertaken in contracts with the users.
To the extent of applicable laws and subject to your rights, your personal data may be processed by us for sending you advertising or offers for marketing purposes about products and services unless you object to it at any time, either when your personal data has been collected or at any time, notably when receiving any offer from us.
In any case, we wish to inform you that we guarantee that our users may exercise, at any time and without having to state their reasoning, their right not to receive future communications connected to particular services upon request.
10. LINKS TO OTHER WEBSITES
We do not control or monitor such websites or their web content. We shall not be held liable for the web content of such sites and for the rules adopted by them in terms of your privacy and the processing of your personal data while you are visiting those websites. Please, pay attention when you connect to these websites through the links provided on our website and read their terms and conditions of use and their privacy policy carefully. Our privacy policy does not apply to third party websites and we are by no means liable for the privacy policy adopted by those websites. The site provides links to other websites exclusively to help its users in their searches and net-surfing activities and to allow links to other websites on the internet. When we provide links to other websites, we do not recommend the use of these websites and do not provide any guarantees regarding their web content or the services and products supplied and sold by these websites to internet users.
11. CONTACTS
If you wish to receive further information on how we process your personal data, please contact our customer service.
12. GOVERNING LAW
To the extent that we are respectively established in Switzerland, this privacy policy is governed by Swiss law (herein and together, "governing laws"):
For the processing of personal data carried out by ELENAR as a data controller for online selling operations management and for the other processing of personal data carried out by ELENAR as a data controller for any other processing operations.
13. AMENDMENTS AND UPDATING OF THIS PRIVACY POLICY
We may amend or simply update all or part of this privacy policy, including when amendments are made to legal provisions or regulations which govern data protection and protect your rights. The amendments and the updating of the privacy policy shall be binding as soon as they are published on the site in this section. Therefore, you are requested to regularly access this section in order to check the publication of the most recent and updated privacy policy.