TERMS AND CONDITIONS OF THE CUSTOMER CLUB
The below terms & conditions apply to our customer club, which is offered by BESTSELLER RETAIL CANADA INC.
1. YOUR MEMBERSHIP
Membership of our customer club is free of charge and non-binding, and you can terminate your membership at any time.
The membership is limited to natural persons with a valid email account. You must be at least 14 years of age to be a member of our customer club, and by signing up you confirm that you are 14 years of age or older.
Companies, groups, or others making commercial purchases are not eligible for membership. The membership may not be used for reselling or profit.
Your membership is personal, non-transferable, and subject to these terms and conditions as well as any other terms and conditions, policies, etc. as approved by you upon taking part of competitions, offers, making purchases and other related services.
It is your responsibility, and a condition for your membership, that you keep your email address and contact details up to date.
You are responsible for all activity conducted through your membership account. This means that you should keep your login details, such as email address and password, secure and private. We advise using a unique password that you don’t use on any other account. If your password or account is compromised, we advise you to change it quickly or reach out to our customer service for further assistance.
2. YOUR BENEFITS
As a member of our customer club, you get an online membership account.
As member of our customer club, you also get access to special loyalty benefits which may be subject to additional terms & conditions. You can find more information HERE. We reserve the right to – at any time and without warning – apply minor changes to the terms & conditions for the customer club or related benefits, provided that such changes do not significantly affect your membership negatively.
3. OUR COMMUNICATION
By becoming a member of our customer club, you agree that Our Companies may send you direct marketing. Your consent includes marketing materials from the brand(s) you sign up to and any sub-brand.
Our communication and marketing materials can be sent via email, SMS, MMS, post and social media such as Facebook, Instagram, etc. and relate to our online shops and stores operated by Our Companies directly. The content concerns:
• The current and future product range, including clothes, shoes, bags, accessories, textiles, and the like.
• Offers, sales, competitions, as well as events and other marketing initiatives
• Information about items you have added to your wish list or placed in your online basket.
You further agree that this consent may be used to send requests for you to update your consent to include other relevant products, brands, business partners or communications channels.
4. WITHDRAWAL OF YOUR CONSENT
In the event that you have already consented to the collection, use and/or disclosure of your personal information, you may subsequently “opt-out” at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our privacy officer as described in the section entitled “Contacting us” below, or by following the “opt-out” instructions provided in the promotional materials sent to You . Our privacy officer will also be able to provide You with more information regarding the implications of withdrawing consent.
In respect of requests not to receive promotional communications from us, please be sure to include your full name, address, telephone number and any e-mail address You used when You signed up or entered a contest on the Site, registered with or made a purchase from us. It may take up to two (2) weeks to process your request, during which period You may continue to receive communications from BESTSELLER or BESTSELLER Affiliates. If You prefer not to receive promotional information from BESTSELLER, please follow the unsubscribe instructions set out in this Policy or in the respective privacy policies and/or communications of the BESTSELLER Affiliate.
5. TERMINATION OF YOUR MEMBERSHIP
You may terminate your membership of our customer club at any time via your membership account.
We, furthermore, reserve the right to suspend or terminate your membership in case of violation of these terms & conditions, inactivity, actions that violate applicable laws or actions that are not compatible with the interests of Our Companies. We also reserve the right to terminate our customer club entirely without reason by giving 1 month's written notice.
6. COMPLAINT
You can also contact our privacy officer for any questions about or to make any complaint in relation to this Policy, as well as to BESTSELLER’s privacy practices in general (see the “Contacting us” section below).
PRIVACY POLICY
Our Companies are joint controllers in relation to the customer club. When you sign up as a member to our customer club, you accept that we process your personal data as set out below in addition to our general privacy policy, which you can find HERE.
1. Our collection and processing of your personal data
Overall, we collect and process your personal data in order to administer your membership of our customer club, provide you with membership benefits and send you targeted communication, marketing and newsletters based on your profile. Below you can find more information about what types of personal data we collect about you, what purposes we use it for and what the legal bases for our use are:
Administration of your membership
To create and administer your membership of the customer club, we use your personal data including your name, address, contacts details, age, gender, date of birth and interests which you provide to us when signing up or add subsequently. When signing-up you will receive a membership number, just as you will need to set up a password for your account. In addition, we collect information when we communicate with you regarding your membership or benefits associated herewith and provide you with customer service.
Customer club benefits
We use your personal data to provide you with the various benefits associated with your membership of our customer club. Depending on the nature of the benefits additional information may be collected and registered on your profile such as points, vouchers, customer category etc. You can find more information in the terms and conditions for each particular benefit.
Personalization
In order to optimize your shopping experience, we strive to send you communication, product information, marketing and newsletters that match your interest and profile, such as birthday greetings. We do this based on segmentation and personalization.
When using segmentation our members are divided into various customer groups based on general and common characteristics such as age, zip code, etc. and the communications and content that you are presented with are then linked to what specific customer group you are part of.
Our aim is to personalize and create relevant content and information which we display to you in our communications, in our apps, on social media platforms or on our websites based on your interests, preferences, and activities such as previous purchases in our online shops. We combine these data with data obtained via cookies or other tracking technologies meaning that when you visit our websites or apps, we register information about what you show interest in and what you buy. We may also record whether you have opened a newsletter and whether you have clicked on the advertisements therein. This information may be combined with other information which you have provided to our advertising partners or which they have collected themselves. Based on this information, we analyze what you are interested in and customize our communication and marketing towards you.
The above types of information are only collected via cookies if you have consented to these types of cookies being placed on your device(s).
Our legal basis for processing your personal data in relation to personalization is our legitimate interest in providing better individual services and more relevant product information and communication to you. Information obtained via cookies is processed for marketing purposes based on your consent.
Direct marketing
As part of our customer club, we will send you various communication and marketing material. We may contact you via email, SMS, app notifications and/or your social media profile(s) depending on your profile settings. Some of the communications we send to you are personalized.
Our legal basis for processing your personal data in relation to direct marketing is your consent.
At any time, you can withdraw your consent by clicking in the unsubscribe link in our communications or by contacting us.
If you withdraw your consent to direct marketing via email and/or SMS your membership of our customer club and any related benefits will not automatically terminate.
Participation in competitions/events
If you participate in competitions/events arranged by us, you may need to submit additional information depending on the nature of the competition/event. We use this information to complete the competition/event, draw winners and distribute any prizes. Winners may be published in our communications, on our websites or social media profiles.
Our legal basis for processing your personal data in relation to competitions/events is your consent. Any publishing of winners is based on our legitimate interest in documenting the winners towards all participants.
Electronic receipts
As part of our customer club, we store digital copies of your receipts from purchases made in our web shop. All receipts are stored as long as you are a member of the customer club. If you choose to terminate your membership, we will provide you with the opportunity to extract copies of your receipts.
Our legal basis for processing your personal data for electronic receipts it is your customer club membership agreement.
Analysis and statistics
Your information can be part of various analysis and statistics in order for us to understand and develop our products and services, however, in most cases your personal data will be aggregated or anonymized.
Our legal basis for processing your personal data related to analysis and statistics is our legitimate interest in understanding and developing our business.
2. Who do we share your personal data with?
Your personal data may be shared with our external business partners (data processors) who process the information on our behalf – for example, by sending our newsletters to you, showing ads on social media platform or other websites, creating content, conducting analysis, or by storing your personal data.
3. International transfers
Some of your personal data may be handled by our partners (data processors) outside Canada. In such case we always ensure that your personal data is still governed by an adequate level of data protection. Currently, we have partners who are located in the USA and the data transfers are safeguarded by the EU-US Data Privacy Framework or the EU Commission’s Standard Contractual Clauses.
In addition, some of our partners may use external subcontractors (sub-processors) located outside Canada. In such case, our partner is obligated to keep your personal data equally safeguarded. If you want specific information about our non-Canadian partners or these external sub-processors, please contact privacyofficercanada@bestseller.com
4. How long do we keep your personal data?
We will keep your data as long as you are a member of our customer club. If you terminate your membership, we will delete or anonymize your profile and related information within 30 days, however, information about your consent will be stored for a period of 2 years for documentation purposes. In addition, information about you may be stored for a longer period if we are required to do so in order to comply with legal requirements or in order to establish, exercise or defend legal claims.
5. Your rights and remedies, etc.
When we collect and use your personal data you have a number of privacy rights. If you wish to exercise any of your rights, please send an e-mail to canadasupport@bestseller.com.
You can read more about your various rights below:
Right to withdraw consent
You always have the right to withdraw your consent to the processing of data with effect for the future. In the event of withdrawal, we will delete the data in question immediately, unless our processing may continue based on another legal basis. The withdrawal of your consent does not affect the lawfulness of the processing carried out based on the consent up to the point of withdrawal.
Right of access
One of the most important rights that you have is the right to request access to the data that we have registered on you. If you request access, we will provide you with a copy of your personal data.
Right to be forgotten
Another important right in terms of your relationship with us is that you have the right to be forgotten, meaning you can file a request asking that we delete the data that we have registered on you. We may not be able to delete all your personal data as we are required to continue to store certain data in order to comply with legal requirements or to establish, defend or exercise legal claims.
Right to object
You are entitled to object to the processing of your personal data on certain grounds. For example, you can object to the processing of your personal data for direct marketing purposes, including profiling.
Right to rectification
If you believe that the data, we have registered on you is inaccurate or incomplete, please let us know and we will make sure to update your information.
Right to restriction
In combination with some of your other rights you can also request that we restrict the use of your personal data, e.g., instead of full erasure or during our assessment of your objection.
Right to data portability
You can file a request asking us to supply you with the personal data that you have provided to us in a structured, commonly used, and machine-readable format and to transmit the data directly to a specific recipient.
Complaints
If you wish to lodge a complaint about how we handle your personal data, you can always contact our customer service team. You can also file a complaint with your local data supervisory authority.
CONTACTING US
Personal information files will be maintained on our servers or those of our service providers and will be accessible to authorized employees and agents who require access for the purposes described in this Policy.
To request access to or correction of your personal information, or to ask us any questions about how we use your information, you may write to BESTSELLER’s privacy officer at:
privacyofficercanada@bestseller.com or by mail at the address below.
BESTSELLER RETAIL CANADA
Melanie Armstrong, Privacy Officer
225-A Rue De Liège Ouest
Montréal, QC
Canada
H2P 1H4
Customer Club Privacy Policy
This privacy policy applies to the processing of personal data that we collect or you submit when you visit our website and when you use our apps.
BESTSELLER Handels B.V., Sint Jorissteeg 2, 1012 XV Amsterdam, the Netherlands, is the data controller of the personal data covered by this privacy policy.
1. OUR STATEMENT ON PRIVACY
It is our mission to give you a great fashion experience right from the moment you start browsing the many styles, to the time that you actually receive your order. As part of your shopping experience with us, we want to ensure you that we protect and respect your privacy and handle all your personal data with care.
We uphold the following principles when handling your personal data:
- We collect and store data for these main purposes:
• Packing and delivering your order
• Customer service
• Improving your user experience
• Marketing
• Fraud prevention
• Regulatory requirements
- We only collect data that we need for the purposes mentioned above
- We delete your personal data when we no longer need it
- We don’t sell your data
- We keep your data secure
Below you can read more about how and why we collect and store your personal data – and who we share it with. You can also read about how you can exercise your privacy rights, e.g. how to request access to your personal data.
2. COLLECTING & USING YOUR PERSONAL DATA
FULFILLMENT OF YOUR ORDER
To handle your order, we need some information from you. When you place an order with us, you provide us with your name, address, email, phone number, payment method and, of course, which products you wish to purchase. We use the information to fulfill your order including sending an order confirmation and packing and delivering your order.
CUSTOMER SERVICE
When you contact our customer service via email, chat or phone etc., we will register the personal data that you provide to us. Our customer service has access to all information about your order, so we can help you in the best possible way, whether you have questions about the status of your order, or if you need to return an item, e.g. via an online return portal. Our customer service is also able to see any previous correspondence with you as this allows us to provide you with a better service.
If you use our “Notify Me”-service, we will use your email, in accordance with your request, to notify you when a certain item is back in stock.
IMPROVEMENT OF YOUR USER EXPERIENCE
We constantly strive to give you the very best user and shopping experience on our website. We do that in different ways, but an important part of it is by tracking your browsing behavior on our site as well as our social media platforms in order for us to improve the user friendliness, layout, functionalities, and overall experience of the site. We do that by using cookies. You can read more about cookies HERE. We also use your browsing data to recommend you products that we think you might like.
MARKETING
In order for us to present you with the best possible fashion advice and most relevant news and marketing, we and our advertising partners use personal data to personalize the recommendations and promotions on our website and to show you relevant advertising on other websites, social media networks and apps. Doing this, we use information about your use of our websites and services including information such as order history, past correspondence and profile information. This information may be combined with other information which you have provided to our advertising partners or which they have collected themselves. Our partners may use cookies to collect information when you visit our website. Read more about the cookies used on our website HERE.
Below you can read more about how we personalize our marketing towards our customer club members, the users of our apps and through our marketing cookies.
1. CUSTOMER CLUBS
If you have signed up to our customer club we use information about you to send you newsletters with offers, information about new styles, fashion guides etc., based on your preferences. You can read more about the membership in the specific customer club terms & conditions and privacy policy, which can be found HERE.
2. COOKIE BASED MARKETING
Some of our marketing activities are based on cookies. Among other things, the marketing cookies that we use collect information about your style and size preference, device ID, geolocation based on your IP address and your general browsing behavior on our websites. These cookies also track which ads you have already seen, how many times you have seen them, whether you have clicked on any of them and whether or not you have placed an order after clicking. Further, some of the cookies will be able to track you also when you visit other websites or social media networks. We use that information to personalize the recommendations and promotions on our websites and to show you relevant advertising on other websites such as social media networks and comparison shopping engines as well as on other applications. For instance, if you have looked at a specific pair of jeans, we may present you with adds for that pair of jeans or similar on your social media news feed.
In addition, we may also combine the information collected by cookies with your order history, past correspondence and other information you have provided us with for marketing purposes.
You can read more about our use of cookies HERE.
MY ACCOUNT
If you choose to create a personal customer account (My Account), you must provide us with your name and email address. You can also choose to give us your phone number and address.
My Account provides you with an overview of you shopping bag, your order history and your potential membership of our customer club.
You can update or delete your account at any time by logging in.
FRAUD PREVENTION
We use the personal data submitted by you when you place an order for fraud detection and fraud prevention purposes. For those purposes we may also receive additional information from our payment solution partners.
REGULATORY REQUIREMENTS
We use and store your personal data in order to comply with regulatory requirements, e.g. bookkeeping regulations.
LEGAL BASES FOR COLLECTING AND USING YOUR PERSONAL DATA
We collect and use your personal data on the following legal bases:
• Fulfilment of your order
• Customer service
• Improvement of your user experience
• Fraud detection and prevention
• Analysis, user experience and development based on cookies
• Customer clubs
• My Account
• Cookie-based marketing
• Regulatory requirements
3. SHARING PERSONAL DATA
In order to provide our services, we share personal data with our partners. We only share your data when this is allowed by law and all our partners are committed to keeping your data safe. Some of our partners are “data controllers” and others are “data processors”.
DATA CONTROLLERS
The below described partners are data controllers meaning that they are directly responsible for the processing of your data. We only share personal data to the extent it is required for performance of their services, e.g. shipping.
When you complete an order, your payment is handled by our payment solution partners. Some of our payment solution partners are data controllers such as Adyen, Klarna, and PayPal. In order to be able to offer you these payment options, we will pass certain aspects of your personal information, such as contact and order details, in order for the payment providers to assess whether you qualify for their payment options and to tailor the payment options for you. You can find more information about these providers, including their terms and conditions and privacy policies on their websites.
Afterwards, your order is sent to our warehouse. When your order is packed and ready to ship, we share your name, address, email and phone number with our carrier partners to fulfil your delivery.
For marketing purposes, we may share non-reversible and encrypted (hashed) information about you and your use of our websites and services with our advertising partners who may combine it with other information that you have provided to them directly or that they have collected themselves. We also share information such as your IP address and order information with our affiliate partners to settle commission for their reference to our online store.
DATA PROCESSORS
The partners described below are data processing operators authorized to process personal data on our behalf and according to our instructions. Our payment solution partner, Adyen, manages your payments as a data processor. Your payment data is sent directly to Adyen, where it is processed and stored in a highly secure environment in accordance with regulatory standards. Our technical service providers process your personal data when they have access to our databases or store personal data in their applications. These service providers include, for example, hosting providers, our website platform providers, and message distribution system providers. Additionally, we have partners who provide customer service and customer experience tools, such as a tool that allows customers to comment on their experience. Finally, as part of our advertising campaigns, we share non-reversible and encrypted customer email addresses with social media and other partners who will make these campaigns available on their sites or in your social media feeds.
OTHER SITUATIONS WHERE WE SHARE DATA
For club members, we share information about your orders and other activities on our online stores, such as your cart and wish list with the customer club. If we are required by law, a court order, or a decision from another authority, we will share personal data with the competent authority or a third party. We also report fraud incidents to the relevant authorities.
DATA TRANSFER OUTSIDE CANADA
Some of our partners process your personal data outside Canada. In this case, we will ensure that your personal data is always covered by an adequate level of data protection. Unless stated otherwise, data transfers are covered by the European Commission's standard contractual clauses. The partners listed below are entities located outside Canada:
- Google, United States
- Facebook, United States
- Zendesk, United States
- Atlassian, United States
Additionally, some of our partners may use external subcontractors located outside Canada. In this case, our partner is obligated to ensure the security of your personal data. If you would like specific information about these external subcontractors, please contact privacyofficercanada@bestseller.com.
HOW LONG DO WE KEEP YOUR PERSONAL DATA?
We store your personal data only for as long as necessary to achieve the purposes for which it was collected, to establish, defend, or exercise legal claims, or to comply with regulatory requirements (e.g., accounting regulations in the country where we operate). Once this is no longer the case, the information is deleted. You can also request the deletion of your personal data. We will comply with this request unless we are required to retain the information for regulatory reasons or to establish, execute, or defend a legal claim or ongoing dispute.
COMPLAINTS
If you wish to file a complaint regarding the processing of your personal data, you can always contact our privacy officer at privacyofficercanada@bestseller.com.