Privacy

Privacy Policy

Effective date: July 27, 2021

This Privacy Policy explains what personal data is collected by THM srl (hereinafter “THM”) and how such data is used when the User uses the THM website (www.thmitalia.it) and/or any THM online products (including THM mobile applications), THM hardware or software or other services (hereinafter “Services”). The data controller according to art. 4 (7) of the General Data Protection Regulation (hereinafter “GDPR”) is THM srl with registered office in via Sanpietro 112 21047 Saronno (VA), e-mail: privacy@thmitalia.it ).

THM will post all changes or modifications to the Privacy Policy on the THM website. THM reserves the right to modify this Privacy Policy at any time, so you are advised to review it frequently. If there are material changes to this Privacy Policy, you will be notified by email or by means of a notice on the THM website prior to the changes taking effect. THM regularly updates its software applications (including mobile and desktop) to make improvements, including those that better address your right to privacy.

1 THM compliance internationally

THM may process, transfer and store your information in other locations outside the European Economic Area. Any transfer of your data to another location outside the European Economic Area will be in accordance with applicable European data protection laws. THM uses the standard data protection clauses adopted by the European Commission pursuant to art. 46 (2)(c) of the GDPR. For more information on this, please contact the THM privacy team with registered office in via Maria Piazza 20, 21040 Cislago (VA), e-mail: privacy@thmitalia.it ).

2 Information collected

Information provided by the User

THM collects a variety of information provided directly by the User, including Personal Data that may be contained in any video, comment or other material that the User uploads or publishes on the Services. “Personal Data” is information that allows the User to be identified and that is collected in the following situations:

account registration and THM account administration (in this case the following categories of Personal Data are collected: name and email address);
uploads or posts to the Services (in which case the following categories of Personal Data are collected: all Personal Data included in content uploaded or posted by the User);
customer support and technical assistance services (in which case the following categories of Personal Data are collected: name, postal address, geolocation, IP address, serial number, telephone number and email address);
processing of orders for products or services offered by THM (in which case the following categories of Personal Data are collected:
name, postal address, billing address, payment details, telephone number, and email address);
product registration (in which case the following categories of Personal Data are collected: name, postal address, telephone number, device ID, serial number, and email address);
acquisition of firmware and/or application software updates (e.g. antivirus software, etc.) (in which case the following categories of Personal Data are collected: name and serial number);
newsletter subscriptions (in which case the following categories of Personal Data are collected: name, postal address and e-mail address);
access to products or services on social networks or third-party services (in which case the following categories of Personal Data are collected: categories of data that the User provides based on his/her settings on social networks or third-party services); or
services provided online (in which case the following categories of Personal Data are collected: name, postal address, billing address, payment details, telephone number and email address).

Information automatically collected

When you use THM Services that connect to the Internet, including but not limited to when you access the Services via devices, applications (web, mobile, desktop software, cloud services, connected TVs and gaming consoles), THM websites and THM’s online store, we collect personal information about you as described below. This information includes aggregated user information (which does not identify you), as described in more detail below. We also use third-party analytics providers and technologies to collect this information, as further explained in our Cookie Policy.

Websites

When you use THM websites (including the online store), the following information about your computer or mobile device is collected and analyzed: browser type, IP address, mobile device identifier (e.g. IDFA on Apple products such as iPhone and iPad or similar identifiers), browser language, operating system, error logs and other similar information.

Information from other sources

If you connect to a third-party network, platform or service (such as a social network) through the Services, you will be asked to authorize THM to collect, store and use, in accordance with this Privacy Policy, all information (such as your name, email address and location) that you have agreed to provide to THM based on your settings on the third-party network or platform. When you connect to a third-party network, platform or service through THM's Services and/or when you connect to one of THM's applications through one of these services, you will be asked for your consent.

The User may revoke consent at any time by contacting privacy@thmitalia.it. The revocation will have immediate and non-retroactive effect and will not affect the processing of Personal Data prior to the time of withdrawal.

3 Cookies and similar technologies

See our Cookie Policy.

4 Uses of information

THM uses the Personal Data collected as described in Section 2 above for the purposes and on the legal bases described below:

Customer Service : Depending on the type of Personal Data you provide when registering for your THM account or making a purchase, you will receive a confirmation email to verify your username and password. THM will also communicate with you in response to your questions, to provide the services you request, and to manage your THM account. THM will communicate with you by email or telephone, depending on your preference.

Such processing of Personal Data is necessary for the performance of THM Services; therefore, the legal basis for such processing of Personal Data is Art. 6 (1) (b) of the GDPR. Please note that the User is contractually obliged to provide such Personal Data and that without it THM will not be able to send communications regarding the User's orders.

Newsletters, Social Media Campaigns, Special Offers and Updates: Only with your prior consent, THM will occasionally send you information about products, services, special promotions, contests, events, customer satisfaction surveys and opportunities to interact with THM and its community. You can sign up to receive such emails and social media campaigns from THM on the newsletter sign-up page and/or during checkout when purchasing a product. You may opt out of receiving these types of communications at any time.

The legal basis for such processing of Personal Data is therefore the User's consent (Art. 6(1)(a) GDPR). Please note that the User is not legally required to provide Personal Data. However, without such data, THM will not be able to send the User newsletters and other information as described above.

Service-Related Communications: In rare instances, when necessary, THM will send service-related communications. For example, if the service is temporarily suspended for maintenance, you may receive an email. Generally, you do not have the ability to opt out of receiving these non-promotional communications. If you do not wish to receive them, you may deactivate your THM account.

THM Personalization Services : Only with your prior consent, the information collected when you access the Services via devices, applications (web, mobile, desktop software, cloud services, connected TVs and game consoles), your THM account, websites and online store is used to create profiles and to further personalize and improve the Services, such as by providing personalized customer support (e.g. to access THM device logs and resolve technical issues), sending in-application messages and promotions, recommending features and personalizing content and advertising.

The legal basis for such processing of Personal Data is therefore the User's consent (art. 6(1)(a) of the GDPR). Please note that the User is not legally required to provide his/her consent. However, without Personal Data, THM will not be able to offer the personalization services described above.

Order-Related Communications: If you place an order, THM will use your name and email address to send you an order confirmation email and a shipping confirmation email.

5 Sharing and Disclosure of Information

THM does not share, sell, transfer or otherwise disclose your Personal Data to third parties, except as required by law pursuant to Art. 6 (1)(c) GDPR, unless required for contractual purposes pursuant to Art. 6 (1)(b) GDPR or unless you have expressly consented pursuant to Art. 6(1)(a) GDPR.

THM uses other third-party service providers to offer or facilitate the Services on its behalf and shares your Personal Data with such providers to the extent necessary to allow them to perform their services on its behalf. Specifically, it uses a shipping company to fulfill orders, an e-commerce platform to provide the online store, a credit card processing company to charge for goods and services, a cloud-based enterprise resource planning software provider to record and manage subscriptions and online store sales, a cloud-based customer relationship management software to record and schedule interactions with customers, a cloud-based subscription software provider to automate subscription billing, a data center to administer all online aspects of the Services, a cloud-based storage provider to store content uploaded by THM accounts, a payment service provider to process payments to Users, a social media agency to manage social campaigns, and a data collection company to implement social campaigns. When you order a THM product, we share your Personal Data to the extent necessary to enable such third-party service providers to provide the applicable service to THM or on its behalf. Any sharing of your Personal Data with such third-party service providers will be done in accordance with applicable data protection laws and will be limited to the extent necessary. Such third parties are prohibited from using your Personal Data for any purpose other than those described herein.

THM may be required to disclose your information to government or law enforcement officials in response to a lawful request by a public authority or if necessary to comply with a legal obligation, including to meet national security or law enforcement requirements pursuant to Article 6 (1)(c) GDPR. THM may also disclose your information in order to pursue its legitimate interest in applying or enforcing its terms and conditions or responding to any claims, protecting its rights or those of third parties, protecting the safety of any person or preventing any illegal activity (including for the purposes of fraud protection and credit risk reduction) pursuant to Article 6 (1)(f) GDPR. For further questions regarding the balancing test in relation to Art. 6 (1)(f) GDPR, please contact THM using the contact details set out in Section 16 below.

6 User Choices

THM provides you with a number of choices regarding the information we collect and use, as described in this Policy. Some of the choices available include:

Marketing Communications. If you purchase a product but do not wish to receive additional marketing materials, you may indicate your preference on the order form by leaving the appropriate checkbox blank. If you have opted in to receive newsletters, social media campaigns and promotional emails and no longer wish to receive them, please follow the instructions included in each newsletter or email or contact customer service at http://www.thmitalia.it/contatti/ .
THM Personalization Services. As detailed in Section 4, THM may use the information collected from and about you to personalize your THM experience. If you do not want THM to provide you with such personalized services, you may opt out of THM account settings by disabling the personalization data submission tab.
Opt-out of receiving personalized online ads. THM is committed to providing the public with relevant and value-added content in the form of online advertisements. However, THM respects the wishes of those who do not wish to be tracked by third-party online advertising companies. For information on how to opt-out of cookie-based online advertising and analytics programs, please refer to our Cookie Policy.

7 Customer Testimonials

THM occasionally posts customer testimonials on its website. We recommend that you do not include Personal Data in such testimonials and in particular use a nickname rather than your real name.

8 User Generated Content

You may be able to disclose personal information when you contribute User-generated content to publicly available areas of the Services. This includes, but is not limited to: uploaded photos or videos, full name, email address, phone number, address, interests and favorite content. Your content will also be shared with users of other social media services with whom you have chosen to share your content, consistent with the privacy settings of those services. Such information is not encrypted and is public and accessible or recordable by THM and cannot be considered private or confidential. Any information, including Personal Data, that you submit in the course of such activities may be read, collected or used by other users. In particular, THM cannot prevent you from receiving unwanted messages from other users. If you would like to have specific User-generated content removed from publicly accessible areas of the THM Services, please contact us at privacy@thmitalia.it.

All Personal Data published on public areas of THM services are processed in order to provide the User with the respective Service pursuant to Art. 6 (1)(b) of the GDPR.

If you submit your video or other content to THM, it may be published on the THM website or applications together with certain Personal Data that identifies you, such as your first and last name or username, provided that you have given your consent.

The legal basis for such processing of Personal Data is therefore the User's consent (Art. 6(1)(a) GDPR). Please note that the User is not legally required to provide Personal Data. However, without Personal Data, THM will not be able to attribute the content sent by him to the User.

9 Information on User rights

The User has the following rights:

Right of access (art. 15 of the GDPR): the User has the right to request confirmation as to whether or not his/her Personal Data is being processed and, where that is the case, to access it and information such as the purposes of the processing or the categories of Personal Data concerned.
Right to rectification (art. 16 of the GDPR): the User has the right to request the correction of inaccurate Personal Data.
Right to erasure (Article 17 of the GDPR): You have the right to request the erasure of your Personal Data without undue delay in certain circumstances, for example if your Personal Data is no longer necessary for the purposes for which it was collected or if you withdraw your consent on which the processing is based pursuant to Article 6 (1)(a) of the GDPR and there is no other legal basis for its processing.
Right to restriction of processing (Article 18 of the GDPR): You have the right to request that THM restrict the processing of your Personal Data in certain circumstances, for example if you believe that your Personal Data processed is incorrect or unlawful.
Right to data portability (art. 20 of the GDPR): in some cases, the User has the right to receive the Personal Data he/she has provided, in a structured, commonly used and machine-readable format and has the right to transmit such information to another data controller without hindrance and to request THM to do so.
Right to object (Art. 21 GDPR):

The User has the right to object to the processing of Personal Data in certain circumstances, in particular if the data processing is based on legitimate interest (art. 6 (1)(b) of the GDPR) or if such data is used for marketing purposes.

You can exercise these rights at any time by making a request to THM by sending an email to privacy@thmitalia.it. You can also send an email to correct or modify any information or request which Personal Data (e.g. name and address) have been stored or to exercise any other of the rights indicated above.

10 Right to lodge a complaint with the European Data Protection Supervisor

You have the right to lodge a complaint with a supervisory authority, in particular that of the EU Member State in which you have your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of your Personal Data infringes applicable data protection laws. Please contact privacy@thmitalia.it for detailed information on the contact details of the competent supervisory authorities.

11 Links to third-party websites and features

THM Services may contain links to third-party websites or features. This Privacy Policy describes the privacy practices of THM and does not address the privacy practices of third-party websites or features. THM is not responsible for the privacy policies and/or practices of third parties. When you link to another Site or use a third-party service, you should read the privacy policy of that site or service. To the extent that third-party website features are available on the THM Services, the following terms apply:

Facebook

Facebook Like Button: THM uses a Facebook Like button plug-in (provided by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA) to enable users of the THM website to easily “Like” content found on THM.com and thus share it with their friends on Facebook. Each time you visit a page of the THM website that contains such a plug-in, your browser establishes a direct connection to the servers operated by Facebook. As a result, the content of the social plug-in is transferred via Facebook directly to your browser and then incorporated into the displayed website. If you visit the THM website while logged into your Facebook account, information about your visit is transferred to Facebook, which can associate the visit to the THM website with your account. Please note that a data transfer is already triggered when you visit the THM website, regardless of whether you interact with the plug-in. Information resulting from your interaction with Facebook plug-ins (for example, by clicking the Facebook “Like” button or leaving a comment) is transferred directly to Facebook and stored there. To prevent this, you must log out of your Facebook account before visiting the THM website. Please see Facebook’s privacy policy at http://.facebook.com/privacy/explanation.php for more information on the purpose and scope of data collection and data analysis by Facebook, as well as information on options for changing settings and how to protect your privacy.

Facebook Connect: The THM website also uses Facebook Connect, offered by Facebook, Inc. This feature allows you to use your Facebook account to log in to your THM account on the THM website and other websites without additional registration.

By using Facebook Connect, Facebook will have access to certain Personal Data, in particular your encrypted email address and other information related to your account. Facebook may also store this data in the United States. In turn, THM may gain access to publicly available Facebook profile data. If you do not agree to this practice, we recommend that you do not use Facebook Connect. In this case, you can continue to log in to your THM account via the THM website. For more details, please see Facebook's Privacy Policy at https://www.facebook.com/policy.php .

Facebook Messenger: The Quik mobile application also uses Facebook Messenger, offered by Facebook, Inc. This functionality allows you to share content through the Facebook Messenger application.

By using Facebook Connect, Facebook will have access to certain Personal Data, in particular the User's email address. Facebook may store such data in the United States. If you do not accept this practice, it is advisable not to use Facebook Messenger. For more details, see Facebook's Privacy Policy at https://www.facebook.com/policy.php .

Google

Google +1 Button: THM uses the social plug-in for the Google +1 button (provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) to allow website users to easily access the “+” content on THMweb.it and share it within the Google platform. Each time you visit a page of the THM website that contains such a plug-in, your browser establishes a direct connection to the servers operated by Google +. As a result, the content of the social plug-in is transferred via Google + directly to your browser and then incorporated into the website displayed. If you visit the THM website while logged in to your Google + user account, information about your visit is transferred to Google + and Google + can assign the visit to the THM website to your account. Please note that a data transfer is already activated when you visit the THM website, regardless of whether you interact with the plug-in. Information resulting from interaction with Google + plug-ins (for example by clicking the Google + button or leaving a comment) is transferred directly to Google + and stored there. To prevent this, you must log out of your Google + account before visiting the THM website. Please see the Google + privacy policy at https://policies.google.com/privacy for more information on the purpose and scope of data collection and data analysis by Google +, as well as information on options for changing settings and how to protect your privacy.

Sign in with Google: The THM website also uses Sign in with Google, offered by Google, Inc. This feature allows you to use your Google + account to sign in to your THM account on the THM website and other websites without additional registration.

By using Sign in with Google, Google will have access to certain Personal Data, in particular your encrypted email address and other information related to your account. Google may store this data in the United States. In turn, THM may gain access to publicly available Google + profile data. If you do not agree to this practice, we recommend that you do not use Sign in with Google. In this case, you can continue to log in to your THM account via the THM website. For more details, please see Google's Privacy Policy at https://policies.google.com/privacy/ .

Instagram

The THM and Quik mobile applications also use Instagram (provided by Instagram LLC, located at 1601 Willow Road Menlo Park, California 94025. United States of America). This functionality allows you to share content through the Instagram application.

By using Instagram, the app will have access to certain Personal Data, in particular the User's email address. Instagram may store such data in the United States. If you do not agree to this practice, it is advisable not to use Instagram. For more details, see Instagram's Privacy Policy at https://instagram.com/about/legal/privacy/before-january-19-2013/.

WhatsApp

The Quik mobile application also uses WhatsApp (provided by WhatsApp, Inc., located at 1601 Willow Road Menlo Park, California 94025. United States of America). This functionality allows you to share content via the WhatsApp application.

If you use this application, WhatsApp will have access to certain Personal Data, in particular your email address. WhatsApp may store this data in the United States. If you do not accept this practice, you should not use WhatsApp. For more details, see WhatsApp's Privacy Policy at https://www.whatsapp.com/legal/#privacy-policy.

YouTube (video)

THM uses YouTube plug-ins (provided by YouTube (Google, Inc.), 901 Cherry Ave., Second Floor, San Bruno, CA 94066, USA) to enable the User to share content from the THM website. Each time you visit a page of the THM website that contains such a plug-in, your browser establishes a direct connection to the servers operated by YouTube and the plug-in is displayed on the THM website. As a result, YouTube will receive information about the THM websites you have visited. If you visit the THM website while logged in to your YouTube user account, YouTube can assign information about your visit to the THM website to your account. Information from interaction with YouTube plug-ins (for example, by clicking or starting to play videos or by posting a comment) is also assigned by YouTube to your YouTube user account. To prevent this, you must log out of your YouTube account before visiting the THM website. Please refer to YouTube's privacy policy at https://policies.google.com/privacy for more information on the purpose and scope of data collection and data analysis by Vimeo, as well as information about settings options and how to protect your privacy.

13 How we protect your Personal Data

Protecting your Personal Information is very important to THM. To this end, we have implemented appropriate administrative, technical and physical safeguards to protect you from unauthorized access, destruction or alteration of your information. This includes encrypting our services using Secure Sockets Layer (SSL) and limiting access to your Personal Information to those THM employees, contractors and agents who need to know such information in order to process it on behalf of THM and who are subject to strict contractual confidentiality obligations. However, despite our best efforts, no safeguard is absolutely impenetrable.

14 Data retention

THM deletes or anonymizes your Personal Data as soon as it is no longer necessary for the purposes for which it was collected, as indicated in this Privacy Policy, unless further processing or storage of your Personal Data is necessary to comply with a legal obligation. For more information on the various categories of Personal Data and their respective retention periods, please contact privacy@thmitalia.it

15 Automated individual decision-making, including profiling

THM does not use the User's Personal Data to make decisions with legal or similar consequences based solely on the automated processing of the User's Personal Data.

16 THM Contact Details

If you wish to contact THM or have any questions or complaints regarding this Privacy Policy, please use the following contact details:

THM srl – via Maria Piazza 20, 21040 Cislago (VA)

Email: privacy@thmitalia.it

We have summarized here the main changes and the resulting benefits.

Greater Transparency: As technology evolves, so does the information we are able to collect. Therefore, we have updated our Privacy Policy to reflect the information we currently collect automatically through our website, software applications (including mobile and desktop apps).
General Data Protection Regulation (GDPR): The GDPR provides European Union individuals with a number of well-established rights regarding the collection, use, and onward transfer of their personal information. These include the right, in certain circumstances, to:
Access your personal information;
Correct any incorrect personal information;
Request the deletion of personal information without undue delay;
Request limited processing of your personal information;
Receive the personal information they have provided in a structured, commonly used and machine-readable format, and to transmit that information to another controller without restriction or to ask us to do so;
Object to the processing of your personal information.