Privacy Policy

1. Vegas Kölner and its subsidiaries and associates (hereinafter: Vegas Kölner) would like to thank you for visiting this website (hereinafter: Website). Access and use of the services made available by this website are subject to the following terms and conditions (hereinafter: Conditions) which must always be observed. Use of the website requires the user’s (hereinafter User) complete acceptance of all the Terms and Conditions. Users who do not intend to accept the Terms and Conditions, and comply with applicable laws and regulations, are asked to leave the Website.

2. The structure, layout and organisation of the Website contents as well as any image, information, text, photographic material, products and in general all of the material contained in the Website (hereinafter: Material) shall be considered the exclusive property of Vegas Kölner and its predecessors in title and may only be used for personal purposes and not for commercial or professional reasons. In any case, every copy, including partial, of each Material item must include the information on the exclusive ownership of Vegas Kölner as well as all other information on ownership contained in the Material.

3. The trademarks Vegas Kölner,Retour Collection, and all other graphic and/or figurative marks present in the Website in any form and in relation to any use thereof, whether registered or not, such as dominion names, designs, patents, copyrights and any other intellectual or industrial property rights, are and shall remain the exclusive property of Vegas Kölner and it is expressly prohibited, for any reason or purpose, to use, including for personal and not commercial or professional reasons as well as for the reproduction, distribution, publication, transmission, complete or partial modification and sale thereof.

4. It is prohibited to record, memorise, multiply in copies, reproduce, further publish, present, exhibit, transmit, distribute, transfer, translate, transpose, modify and/or sell, including partly, the Material and/or the Website and/or works derived from or inspired by the Material (regardless if they are images, photographs, texts, videos, trademarks and in general the elements and materials and any creative expression made available in this website) in any form and with any medium (electronic, mechanical, online, and with photocopies, prints, microfilm or recordings on any magnetic support, including CD ROM or others) without prior written authorization from Vegas Kölner. The Material is the exclusive property of Vegas Kölner, or in the lawful possession with rights to use thereof, which shall not be held liable nor provide any warranty, for any reason, on the User’s use of any Material that is considered illegal.

5. Vegas Kölner, with the exception of mandatory legal limits, shall not be held liable if the Material contains inexact technical information or typographical errors.

6. The Material may be changed or updated without prior notice. Vegas Kölner reserves the right, up to its sole discretion, to make changes and/or improvements, without prior notice and at any time, to the image, products, texts and software applications present in the Website. Despite all the adopted precautionary measures, such software applications and programs may present malfunctions and could contain viruses or other damaging elements. Vegas Kölner, with the exception of mandatory legal limits, shall not be held liable in these cases.

7. The User shall be completely and unconditionally liable for any losses, costs and damages, direct and/or indirect of any type or entity that may result from use of the Website.

8. Vegas Kölner, with the exception of mandatory legal limits, shall not be held liable for websites accessed through this Vegas Kölner website. Thus, it cannot be held liable, with the exception of mandatory legal limits, for any reason, cause or purpose, for the contents of the same connected websites, nor can it be held liable for any direct, indirect, special or consequential damage connected with the use of this Website or other websites accessed by hypertext link.

9. All of the images, photographs, texts, videos, trademarks and in general all elements and materials and any creative expression sent to the Website or Vegas Kölner by the User (User Material), with the sole exception of the personal data provided by the User (name, surname and e-mail address) as indicated below, shall be treated as non-confidential and shall be irrevocably assigned and at no cost, when sent or shipped, to Vegas Kölner, which shall have the unconditional right (but shall not be obligated) for recording, memorisation, multiplication in copies, reproduction, further publication, presentation, exhibition, transmission, distribution, transfer, translation, transposition, modification, or sale. Therefore, sending of such information, ideas and materials shall be considered as consent for free use of the User Material by Vegas Kölner which shall have no obligation whatsoever to pay consideration to the User or third parties, unless expressly required by law.

10. The User declares and guarantees that the User Material does not violate third party rights and shall be considered solely liable for all of the User Material sent to the Website.

11. For anything not governed by these Conditions of this Website, reference shall solely be made to Italian law. If any of these Conditions should be invalid and/or null and void this shall not make the remaining ones invalid and/or null and void: they shall remain fully effective.

12. Any disputes connected with the interpretation of the aforesaid Terms and Conditions and/or use of the Website shall be exclusively referred to the Court of Milan.

PRIVACY POLICY

WEBSITE PRIVACY POLICY

Vegas Kölner with registered offices at Henderson, Nevada which may process personal data under the circumstances specified below are committed to protecting the online privacy of the users of its websites and social network pages. As such, this Privacy Policy has been written in order to allow you to understand Vegas Kölner’s policy regarding your privacy, and how your personal information will be handled when using our websites (www.vegaskolner.com, vegaskölner.com, vegaskoelner.com hereinafter, collectively, "Website"), also pursuant to the Website’s terms and conditions, and when interacting with Vegas Kölner’s social network pages (on Instagram, Spotify, Facebook, Twitter, LinkedIn, YouTube, Pinterest, Weibo, LINE, etc. “Social Pages”; however, please note that when interacting with the Social Pages, the privacy policy of the relevant social network provider applies to you). This Privacy Policy will also provide you with information so that you are able to consent to the processing of your Personal Data in an explicit and informed manner, where appropriate.

The information and data which you may provide, or which may otherwise be collected in the context of your use of Vegas Kölner’s services – e.g., access to reserved areas in the Website, browsing the Social Pages, contacting the Vegas Kölner Group’s customer care through the Website or Social Pages, etc. (hereinafter, the "Services") – will be used by Vegas Kölner in compliance with the internationally recognized data protection principles. This means, in particular, that any Personal Data processing carried out by Vegas Kölner will respect the principles of lawfulness, fairness, transparency, purpose limitation, storage limitation, data minimization, accuracy, integrity and confidentiality.

CONTENTS

Data Protection Officer

Personal Data processed

Browsing data

Special categories of Personal Data

Data provided voluntarily by the data subject

Personal Data collected from third parties

Purchase data

Location data

Cookies

Purpose of the processing

Legal bases, data controllership and mandatory / discretionary nature of the processing

Recipients of Personal Data

a. Disclosure of Purchase Data for anti-Misuse/Fraud

Transfers of Personal Data

Retention of Personal Data

Data subjects’ rights

Amendments and effective date

Further Information for California residents. California Consumer Privacy Act 2018 (“CCPA”)

1. DATA PROTECTION OFFICER

1.1. At the address angela@vegaskolner.com you may contact the DPO of the Vegas Kölner.

2. PERSONAL DATA PROCESSED

2.1. As you use the Website or interact with Vegas Kölner’s Social Pages (in particular, when you proactively contact Vegas Kölner by means of the Social Page chat service), we inform you that Vegas Kölner may collect and process information related to you as an individual and which allows you to be identified (either directly or together with additional information), or which is related to other individuals (“Personal Data”), such as your name, an identification number, an online ID or one or more characteristic elements of your physical, physiological, mental, economic, cultural or social identity.

2.2. Personal Data which may be processed by Vegas Kölner through the Website and/or Social Pages are as follows:

Browsing Data

2.A.1. The Website’s operation, as is standard with any website on the Internet, involves the use of computer systems and software procedures, which collect information about the Website’s users as part of their routine operation. While Vegas Kölner does not collect this information in order to link it to specific users, it is still possible to identify those users either directly via that information, or by using other information collected – as such, this information is also considered Personal Data.

2.A.2. This information includes several parameters related to your operating system and IT environment, including your IP address, location, the domain names of your computer, the URI (Uniform Resource Identifier) addresses of resources you request on the Website, the time of requests made, the method used to submit requests to the server, the dimensions of the file obtained in response to a request, the numerical code indicating the status of the response sent by the server (successful, error, etc.), and so on.

2.A.3. These data are used exclusively to compile anonymous, statistical information on the use of the Website, as well as to ensure its correct operation and identify any faults and/or abuse of the Website – the data is deleted immediately after processing, unless it must be used to identify responsible parties in the event of cybercrime committed which harms the Website or third parties, in which case information on web contacts may be kept for a period of 7 (seven) days.

Special Categories of Personal Data

2.B.1. Where registering an account to the Website, or in the "Human Resources", “Contact”, “Thesis Support” or “Internship” section of the Website, you are allowed to submit Personal Data which may fall under special categories of Personal Data – i.e. data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.

2.B.2. While this should not prevent you, for example, from submitting your CV for a job application through the Website, Vegas Kölner asks that you do not disclose any such types of Personal Data, unless you consider this to be strictly necessary. Indeed Vegas Kölner remind you that if you disclose such special categories of Personal Data in absence of an explicit consent to process them, Vegas Kölner may not in any case be held liable.

2.B.3. In any case, Vegas Kölner stresses the importance of providing your explicit consent to process special categories of Personal Data if you decide, nonetheless, to share it.

Data provided voluntarily by the data subject

2.C.1. When using some of the Website’s Services (e.g., when using the “Contact” form, where registering an account on the Website, where applying for an Internship or for Thesis Support in the relevant section of the Website, where answering to a Survey), you are allowed to submit Personal Data related to other persons.

2.C.2. In any situation where you decide to share Personal Data related to other persons through the Website, you will be considered as an independent data controller regarding that Personal Data, and must assume all inherent legal obligations and responsibilities. This means that you must also make sure that you have these third parties’ consent to their Personal Data being used in this manner before providing them to Vegas Kölner, or another appropriate legal basis which may allow for lawful processing of this information.

2.C.3. To this end, you must fully indemnify Vegas Kölner against any complaints, claims or demands for compensation for damages which may arise from the processing of this Personal Data, initiated by the third parties whose information is processed via the Website by your initiative.

Purchase Data

2.E.1. You may use the Vegas Kölner e-commerce platform either as a registered user or as a guest user. When you purchase Vegas Kölner products on the e-commerce platform of the Website, the Personal Data you provide for the purchase and delivery of our products and, where you have registered, the Personal Data you provide as a registered user of the Website (jointly referred to as the “Purchase Data”) will be collected and processed by Vegas Kölner to manage your Sale and to prevent Misuse / Fraud in payments, as better described in section 3 of this Privacy Policy.

2.E.2. When you consent to the Profiling purpose, as described in Paragraph 3 below, Purchase Data are analysed by Vegas Kölner in order to provide you with promotional material which you may find more relevant to your preferences.

Location Data

2.F.1. For providing you with more precise and useful Services, Vegas Kölner may ask you to enter your address, postcode or simply the Country where you are to find the Vegas Kölner boutique closest to you, for example for the purposes of Reserve, Pick-up and Ship to Store, as better defined in paragraph 3 below.

2.F.2. Alternatively, and under your previous and explicit consent, your Internet navigation programme (“Browser”) may share with the Website an approximation of your geographic location through information on wireless access points close to you and on your IP address of your device.

2.F.3. In both cases, it is an optional use of Personal Data but extremely useful Vegas Kölner for proving you even more useful Services. If you think that sharing your approximate location through your Browser is invasive, you may revoke at any time your consent changing the settings of your Browser (or settings of you operating system). To obtain more information we invite you to read the specific privacy notice of your Browser.

2.F.4. When you activate a Smart Tag within a Vegas Kölner product by means of your device, through the Near Field Communication (NFC) technology, in order to access further information on the product, Vegas Kölner will have access to the generic IP location, but without being able to precisely locate you. The same generic localisation takes place for Anti-Counterfeiting purposes.

Cookies

2.G.1. Information regarding the use of cookies is available in the Cookie Policy at the following link: https://www.vegaskolner.com/cookie-policy

3. PURPOSE OF THE PROCESSING

3.1. Vegas Kölner intends to use your Personal Data, collected through the Website and/or, where relevant, the Social Pages, for the following purposes:

to verify your identity and assist you, in case you lose or forget your login / password details for any of your personal accounts; to enable you to consult your purchase history and to save your preferred products (“Client Management”);

to send you the newsletters for which you have subscribed as a Service, containing only informative and not marketing content, e.g. preview of new collections (“Newsletter”);

to browse and interact with Vegas Kölner’s Social Pages (e.g. Facebook, Instagram, LinkedIn etc.) (“Social Management”);

to sell you our products and to provide assistance before, during and after a purchase, in particular by: (i) providing general pre- and after- sale assistance through Vegas Kölner’s customer care (“Customer Care”); (ii) upon your request, exploring Vegas Kölner brick-and-mortar stores via videocall (“Remote Selling”); (iii) upon your request, to finalise purchase orders and make them available for pick-up from the Vegas Kölner boutique chosen by you from those available at the time of order placement (“Reserve, Pick-up and Ship to Store”); (iv) addressing and managing requests for personalization, return and/or repair of products (“Personalization, Return and/or Repair”); (v) assuring compliance with Vegas Kölner’s obligations on producer’s liability for damages arising from defective products, where applicable (“Producer’s Liability”, jointly with the purposes mentioned in this paragraph referred as "Sale");

to examine applicants’ resumes / CVs and motivational or reference letters and to get in contact with applicants, for open job positions or internships, who have submitted their application via the Website (“Recruitment”);

to allow Vegas Kölner to provide personalised sales services to you at stores worldwide, to send you commercial communications by using the automated (e-mail, texts, chat) and traditional (mail, phone) contact methods you selected and collect your opinion with regard to Vegas Kölner products and initiative through the contact channel indicated by you (“Marketing”);

to allow Vegas Kölner to send promotional communications by e-mail about Vegas Kölner products and events ("Soft Opt-In");

to send you e-mail and mail marketing communication regarding products and services provided by Vegas Kölner and which are similar to those you have chosen in the context of a purchase via the Website, even when the purchase has not been finalized (“Recovery Cart”);

to understand your purchase preferences in order to send you communications and provide services in line with your interests. Your Personal Data are processed in compliance with the guarantees and measures set forth by the Italian Data Protection Authority in the decision accepting the request for preliminary verification submitted by Vegas Kölner of 30 May 2013. For this purpose, your consent is required (“Profiling”);

to observe the preferences you reveal through your use of the Website, to send you advertising messages in line with those preferences, through the use of Profiling Cookies, described more in detail in our Cookie Policy. These cookies, if used together with other information about you, such as for example how our products and/or services are used, allow us to recognize when access is made to the reserved area, and to send personalized marketing messages in line with your preferences. Social and profiling cookies, as better detailed in our Cookie Policy, which also enable users to interact with social networks (Facebook, Twitter), enable you to share contents of the Website through social networks (“Retargeting”);

to send you customer satisfaction surveys and process the answers and feedbacks voluntarily provided by you in order to assess your level of satisfaction when using Vegas Kölner services and/or making purchases, contact you to address any possible dissatisfaction and, more generally, also based on aggregated statistical analyses, improve Vegas Kölner services (“Survey”);

to access and enjoy the contents by means of interaction with the tag placed inside Vegas Kölner products through your device, by using the Near Field Communication (NFC) technology; in the context of this activity, Vegas Kölner processes only general information related to the device you are using (device type, language, IP general localization), without processing any ID of your device (“Smart Tag”);

to combat and prevent the unlawful manufacturing and/or distribution of Vegas Kölner products, by analysing data relating to when and where a tag stored inside a Vegas Kölner product is read by a device, by using the Near Field Communication (NFC) technology, to check for irregularities and clones; your device reads the ID tag and thus interrogates Vegas Kölner internal database; Vegas Kölner then detects the device type, language, IP general localization in order to ascertain whether products have been counterfeited (e.g., this could be the case where the same tag has been read by two different devices located far away from each other). This processing activity does not imply the continuous monitoring of your location, nor whether a specific product has been counterfeited, and allows Vegas Kölner to gather general information related to counterfeiting (“Anti-Counterfeiting”);

to comply with laws which impose upon Vegas Kölner, according to the specific cases, the collection and/or further processing of certain types of Personal Data (“Compliance”);

to prevent and detect any misuse of the Website, or any fraudulent activities carried out through the Website, especially as regards the payments made through the e-commerce platform and enable Vegas Kölner to defend its rights (“Misuse/Fraud”). For this purpose, Personal Data relating to your purchase are shared with Riskified and – only for the Japanese Website - Cybersource. Please find more information on paragraph 5.A of this Privacy Policy.

4. LEGAL BASIS, DATA CONTROLLERSHIP AND MANDATORY / DISCRETIONARY NATURE OF THE PROCESSING

4.1. Vegas Kölner’s legal bases to process your Personal Data, according to the purposes identified in Section 3, are as follows:

Client Management: the processing for this purpose is carried out by Vegas Kölner as autonomous data controller for the Services. This processing is necessary to provide the Services to you and, therefore, is necessary for the performance of a contract with you. It is not mandatory for you to give Vegas Kölner your Personal Data for these purposes; however, if you do not, Vegas Kölner will not be able to provide the relevant Services to you.

Newsletter: the processing for this purpose is carried out by Vegas Kölner as autonomous data controller and is necessary to provide you the newsletter informational Services that you have requested. It is not mandatory for you to give Vegas Kölner your Personal Data for this purpose. The newsletter Service is entirely optional and is provided on your specific request through the provision upon subscription of your e-mail address; you can at any time opt-out from receiving further e-mails through the unsubscribe link at the bottom of our newsletter or by following the instructions in Paragraph 8 of this Privacy Policy and the sole consequence will be that you will not receive the newsletter anymore.

Social Management: the processing for this purpose is carried out by Vegas Kölner, in some instances as joint data controller with the Relevant Company and/or the social network provider for the processing carried out through cookies, (as for Facebook, here you can find the joint controllership agreement entered into between Vegas Kölner and Facebook), and is necessary to let you interact with Vegas Kölner’s Social Pages. However, please note that when interacting with the Social Pages, the privacy policy of the relevant social network provider also applies. It is not mandatory for you to provide Vegas Kölner your Personal Data for these purposes; however, if you do not, Vegas Kölner will not be able provide you the relevant Services.

Sale: the processing for this purpose is carried out by Vegas Kölner as autonomous data controller for the Services performed in European Union, and by Vegas Kölner and the Relevant Company as joint data controllers for the Services performed outside the European Union. This processing is necessary to invoice your purchases and deliver you the products and, therefore, in order to perform the purchase agreement with you and to comply with legal obligations applicable to Vegas Kölner stemming from consumer law. It is not mandatory for you to provide to the joint controllers your Personal Data for these purposes; however, if you do not, the joint controllers will not be able to fulfil your request.

Marketing: the processing for this purpose is carried out by Vegas Kölner as autonomous data controller when you provide your Personal Data in Italian stores or by using Italian Website, or by Vegas Kölner and the Relevant Company as joint data controllers when you provide your Personal Data in non-USA stores or by using a non-USA Website. This processing is based on your consent. It is not mandatory for you to give consent to Vegas Kölner for use your Personal Data for these purposes, and you will suffer no consequence if you choose not to give it (aside from not being able to receive further marketing communications from Vegas Kölner). Any consent given may also be withdrawn at a later stage (please see Section 8 for more information).

Soft opt-in: the processing for this purpose is carried out by Vegas Kölner as autonomous data controller when you provide your e-mail address by using making a Sale on the Website. This processing is based on Vegas Kölner’s legitimate interest to send promotional communications, and does not require your consent. You can always object (i.e., opt-out) of this processing, and you will suffer no consequence (except for the non-receipt of Soft Opt-In communications by Vegas Kölner). You may object by using the opt-out link at the bottom of each e-mail received.

Recovery Cart: the processing for this purpose is carried out by Vegas Kölner as autonomous data controller and is based on its legitimate interest in sending you direct e-mail marketing communication regarding products and services provided by Vegas Kölner and which are similar to those you have previously purchased through the Website. You can interrupt these communications, and you will suffer no consequence if you do so (aside from not being able to receive further communications from Vegas Kölner), by objecting through the link provided at the bottom of all such communications (please see Section 8 for more information).

Profiling: the processing for this purpose is carried out by Vegas Kölner as autonomous data controller when you provide your Personal Data in Italian stores or by using the Italian Website, or by Vegas Kölner and the Relevant Company as joint data controllers when you provide your Personal Data in non-Italian stores or by using a non-Italian Website. This processing is based on your consent. It is not mandatory for you to give consent to the joint controllers to use of your Personal Data for this purpose, and you will suffer no consequence if you choose not to (aside from not being able to benefit from greater personalisation of your user experience regarding the Website). Any consent given may also be withdrawn at a later stage (please see Section 8 for more information).

For the purpose of Profiling, the Relevant Company is the company (among the subsidiaries of the Vegas Kölner Group, listed here) to which you have freely given your Personal Data. Please note that your Personal Data may be also shared with other companies of the Vegas Kölner Group as data processor, in line with guidelines and instructions specified by Vegas Kölner.

Retargeting: the processing for this purpose is carried out by Vegas Kölner as autonomous data controller. This processing is based on your consent, which is provided by you when browsing the Website, as stated in the Website cookie banner. It is not mandatory for you to give consent to Vegas Kölner to use your Personal Data for this purpose, and you will suffer no consequence if you choose not to (aside from not being able to benefit from greater personalisation of your user experience regarding the Website). Any consent given may be withdrawn at a later stage by using the options provided in section 6 of the Cookie Policy.

Survey: surveys are sent only on the basis of your explicit consent to Marketing, while the processing for statistical purposes is carried out by Vegas Kölner as autonomous data controller and is based on its legitimate interest to improve Vegas Kölner services and/or purchase experiences based on clients’ level of satisfaction. It is not mandatory for you to provide to Vegas Kölner your Personal Data for this purpose, and you will suffer no consequence if you choose not to.

Smart Tag: the processing for this purpose is carried out by Vegas Kölner as autonomous data controller and is necessary to fulfil your request to access contents stored in the Tag located inside Vegas Kölner products through your device. It is not mandatory for you to allow Vegas Kölner to use your Personal Data for this purpose, and you will suffer no consequence if you choose not to (aside from not being able to benefit from the access to further product information).

Anti-Counterfeiting: the processing for this purpose is carried out by Vegas Kölner as autonomous data controller and is based on its legitimate interest to prevent and combat counterfeiting of its products. It is not mandatory for you to allow Vegas Kölner to use your Personal Data for this purpose, and you will suffer no consequence if you choose not to.

Compliance: the processing for this purpose is carried out by Vegas Kölner and/or the Relevant Company (among the subsidiaries of the Vegas Kölner Group, listed here), as autonomous data controller(s) according to their respective area of competence and it is necessary to comply with its legal obligations. When you provide any Personal Data to Vegas Kölner, Personal Data must be processed in accordance with applicable laws, which may include retaining and reporting your Personal Data to official authorities for compliance with tax, customs or other legal obligations.

Misuse/Fraud: information collected for this purpose are used exclusively to prevent and detect fraudulent activities or misuse of the Website (for potentially criminal purposes) and allow Vegas Kölner and/or the Relevant Company, as autonomous data controller, to defend themselves in subsequent legal proceedings that may arise. For this purpose, Purchase Data are shared by Vegas Kölner with Riskified for Sales transactions taking place in the European Union, Australia and the United States; Please find more information on paragraph 5.a of this Privacy Policy.

5. RECIPIENTS OF PERSONAL DATA

5.1. Your Personal Data may be shared, for the purposes listed in Section 3, with different persons / entities (hereinafter and collectively, “Recipients”):

entities acting as data processors on Vegas Kölner’s behalf, in particular:

persons, companies or professional firms providing Vegas Kölner with advice and consultancy regarding accounting, administrative, legal, tax, financial and debt collection matters related to the provision of the Services;

entities engaged in order to provide the Services (e.g., hosting providers or e-mail platform providers); and

companies and persons authorised to perform technical maintenance (including maintenance of network equipment and electronic communications networks);

public entities, bodies or authorities acting as autonomous data controllers to which your Personal Data may be disclosed, in accordance with the applicable law or binding orders of those entities, bodies or authorities;

payment service providers, acting as data processors, to which your Purchase Data may be disclosed in order to process your payment for Sale purposes;

legal entities which provide Vegas Kölner anti Misuse/Fraud services, as better described in the following Section 5.A;

persons authorised by Vegas Kölner to process Personal Data needed to carry out activities strictly related to the provision of the Services, who have undertaken an obligation of confidentiality or are subject to an appropriate legal obligation of confidentiality (e.g., employees of Vegas Kölner and/or the Relevant Company).

Your Personal Data may be shared within the Vegas Kölner Group for the purposes specified in Paragraph 3 above, in accordance with a data protection agreement concluded among all companies of the Vegas Kölner Group. For further information, please contact angela@vegaskolner.com

A. Disclosure of Purchase Data for Misuse/Fraud

5.A.1. For purposes of Misuse/Fraud, as better described above, Riskified Ltd., a company with registered offices at 30 Kalisher St., Tel Aviv 6525724 Israel (hereinafter referred to as “Riskified”) or – only for the Japanese Website – Cybersource Limited (hereinafter referred to as “Cybersource”) will carry out security and Misuse/Fraud checks through the Purchase Data on the transactions carried out. Riskified and Cybersource are companies specialized in anti-fraud services, software and platforms in the field of e-commerce. Riskified and Cybersource will process your Purchase Data as autonomous data controllers to ascertain the security of your payments and prevent misuse of our Services and the trust we have in our customers.

5.A.2. Vegas Kölner and the Relevant Company, which you may find in paragraph 4 above, disclose your Purchase Data to Riskified and Cybersource, which process such data pursuant to the legitimate interest of Vegas Kölner to prevent fraud, in order to guarantee the legality of payments made using the e-commerce platform of the Website and ensure that payment will take place. The data processing by Riskified and Cybersource will be carried out through automated means and will consist of aggregating your Purchase Data with other data relevant to transactions concluded on e-commerce platforms, in order to assess the regularity of the payment, according to pre-determined criteria.

5.A.3. For a description of the commitments and measures provided by Riskified and Cybersource to guarantee the protection of your Personal Data, please read, respectively, Riskified (https://www.riskified.com/privacy/) and Cybersource (https://www.cybersource.com/privacy/) privacy policy. You may also contact the Vegas Kölner DPO on angela@vegaskolner.com for further information.

5.A.4. Please be aware that the disclosure of your Purchase Data to Riskified entails the transfer of your Purchase Data outside the European Economic Area. Your Purchase Data will be transferred to the USA, where they will be retained in the Riskified servers in that country. This transfer is subject to Riskified’s undertaking to provide adequate guarantees relevant to your Purchase Data, by accepting the standard “Controller to Controller” contract clauses adopted by the European Commission. To obtain a copy of the standard contractual clauses please write to angela@vegaskolner.com. A backup copy of your Purchase Data will also be retained by Riskified on servers in the State of Israel. Your Personal Data are transferred according to the adequacy decision of the European Commission adopted on 31 January 2011, which recognised that the legal system of the State of Israel ensures that your right to the protection of your personal data, is substantially guaranteed, and equivalent to that in force in the European Union.

5.A.5. Please note that you may always object to the communication of your Purchase Data for Abuse/Fraud, as better described in Paragraph 8.6 of this Privacy Policy.

6. TRANSFERS OF PERSONAL DATA

6.1. Given the international presence of the Vegas Kölner Group, apart from the transfer referred to in the previous paragraphs, some of your Personal Data are shared with Recipients who may be located outside the European Economic Area. Vegas Kölner ensures that your Personal Data are processed by these Recipients in accordance with applicable data protection legislation. These transfers can be based on an adequacy decision or on the Standard Contractual Clauses approved by the European Commission. Further information is available at the following address: angela@vegaskolner.com.

7. RETENTION OF PERSONAL DATA

7.1. Personal Data processed for Client Management will be kept for the period in which you have an account on the Website and are part of the Vegas Kölner’s loyalty program (“Vegas Kölner Private Client List”). As Personal Data for this purpose are processed in order to provide the Services, Vegas Kölner may retain the data for a longer period as may be necessary to protect Vegas Kölner’s interests to defend against potential liability related to the provision of the Services.

7.2. Personal Data processed for Newsletter will be kept until you unsubscribe from the newsletter through the link at the bottom of every e-mail sent to you. As Personal Data for this purpose are processed in order to provide the Services, data may be retained for a longer period as may be necessary to protect Vegas Kölner’s interests to defend against potential liability related to the provision of the Services.

7.3. Personal Data processed for Social Management will be kept for the period necessary to interact with you. When the platform is jointly managed with the platform provider, please refer to Personal Data retention policy available in the relevant social network privacy notice.

7.4. Personal Data processed for Sale will be kept for assuring compliance with Vegas Kölner’s obligations on producer’s liability for damages arising from defective products, where applicable. In any case, as these Personal Data are processed for the provision of the Services, Vegas Kölner may retain the data for a longer period as may be necessary to protect Vegas Kölner’s interests to defend against potential liability related to the provision of the Services, in accordance with the statutes of limitation.

7.5. Personal Data processed for Recruitment will be retained as follows. If a working relationship with Vegas Kölner or the Relevant Company is not established, your Personal data will be stored for a maximum of thirty-six (36) months from receipt of your CV or the end of the selection process. Before the expiration of the thirty-six (36) months period, the Data Controller may contact you to update your Personal Data and receive communications about open positions. If your answer is negative or not received within fifteen (15) days, Vegas Kölner will delete your personal data within the deadline; if your answer is positive, the data will be kept for a further period of thirty-six (36) months.

7.6. Purchase Data collected by Vegas Kölner and/or the Relevant Company for Marketing and Profiling purposes will be retained for seven (7) years, in compliance with the decision accepting the request for preliminary verification filed by Vegas Kölner, adopted by the Italian Supervisory Authority on 30 May 2013.

7.7. Personal Data processed for Soft Opt-In will be kept until you object to such purpose.

7.8. Personal Data processed for Retargeting will be retained until you withdraw your consent.

7.9. Personal Data processed for Recovery Cart will be kept until you object to this processing through the link you may find at the bottom of every Recovery Cart e-mail.

7.10. Personal Data processed for Compliance will be kept for the period required by the specific legal obligation set forth by the applicable law.

7.11. Personal Data processed for Anti-Counterfeiting and Smart Tag will be kept for two years from the collection. Personal Data processed for preventing Misuse/Fraud will be kept for as long as deemed strictly necessary to fulfil this purpose for which it was collected and until Vegas Kölner has to keep the data in order to defend themselves in subsequent legal proceedings that may arise, or communicate this data to Public Authorities, as may be requested.

7.12. Personal Data processed for Survey will be kept, in the form of statistical analysis, for seven (7) years, in compliance with the decision accepting the request for preliminary verification filed by Vegas Kölner, adopted by the Italian Supervisory Authority on 30 May 2013.

7.13. More information on the data retention periods are available by writing to Vegas Kölner at: angela@vegaskolner.com. You may always object to the further retention of your Personal Data by writing to the same e-mail address.

8. DATA SUBJECT RIGHTS

8.1. As a data subject, are entitled to request from Vegas Kölner at any time, access to your Personal Data, the correction and erasure of your Personal Data, as well as to object to its processing, based on grounds relating to your particular situation. You are also entitled to request the restriction of the processing of your Personal Data, as well as to obtain the Personal Data you have provided to Vegas Kölner in a structured, commonly used and machine-readable format.

8.2. Please note that most of the Personal Data you provide Vegas Kölner can be changed at any time, including your e-mail preferences, by accessing, where applicable, your user profile created on the Website.

8.3. For Marketing, (thereby comprising Survey) and Profiling, you may always withdraw your consent at a later stage, without prejudice for the processing lawfully carried out before such withdrawal.

8.4. For the purpose of Newsletter, Soft opt-in and Recovery Cart, you have the right to object at any time by clicking at the opt-out link at the bottom of each e-mail received.

8.5. For Retargeting, you may always withdraw your consent at a later stage by using the options provided in section 6 of the Cookie Policy, without prejudice for the processing lawfully carried out before such withdrawal.

8.6. Requests should be made in writing to Vegas Kölner at: angela@vegaskolner.com. At the same address, you may contact the Vegas Kölner Group DPO.

8.7. Please note that you may always object to the communication of your Purchase Data for Survey, Anti-Counterfeiting and Abuse/Fraud, for reasons related to your particular situation. Vegas Kölner may continue to process your Personal Data for this purpose for compelling legitimate grounds which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

8.8. In any case, please note that, as a data subject, you are entitled to file a complaint with the competent supervisory authorities for the protection of Personal Data, if you believe that the processing of your Personal Data carried out through this Website violates applicable law.

9. AMENDMENTS AND EFFECTIVE DATE

9.1. This Privacy Policy came into force on May 21, 2021. Vegas Kölner reserves the right to partly or fully amend this Privacy Policy, or simply to update its content, e.g., as a result of changes in applicable law. Where they are of a substantive nature, Vegas Kölner will inform you of such changes as soon as they are introduced, and they will be binding as soon as they are published on the Website. In any case, Vegas Kölner invites you to regularly visit this Privacy Policy in order to acquaint yourself with the latest, updated version of the Privacy Policy, so that you may remain constantly informed on how Vegas Kölner processes and protects your Personal Data.

10. FURTHER INFORMATION FROM CALIFORNIA RESIDENTS. CALIFORNIA CONSUMER PRIVACY ACT 2018 (“CCPA”)

10.1. Under the California Consumer Privacy Act 2018, consumers have the right to request information about the personal data Vegas Kölner sells, as well as opting out of the sale of personal information. Please note that this right only applies to California residents. For the purposes of this section, a California resident is a natural person who resides in California, even if the person is temporarily outside the state.

10.2. To prevent Vegas Kölner from using cookies and other tracking technology for Retargeting and analytical/statistical reporting purposes – which may be regarded as selling your personal information pursuant to the CCPA – you may click on the “manage options” button of the cookie banner which appears the first time you land on our Website and select the “disable” option for “Analytical cookies”, “Profiling cookies” and “Social and profiling cookies”. You may also, at any time, use the options provided in section 6 of the Cookie Policy to opt-out from this kind of activity.

10.3. You may contact Vegas Kölner both by writing to angela@vegaskolner.com.