PRIVACY POLICY

This Privacy Policy describes which of your personal data are collected by Tristate International SA and Tristate Digital SA, for what purposes and how they are processed. Below you will also find the information you need to exercise your rights under the applicable data protection regulations, such as the Swiss Data Protection Act and EU Regulation 679/2016 ("GDPR"), each to the extent applicable (the "Applicable Data Protection Regulations").

In general, we collect information about you when you create an account on the www.massimoosti.com shop (the "Online Shop"), when you purchase products offered for sale on the Online Shop, when you subscribe to the newsletter, when you send us emails or contact us for support or information about the availability of a product, when you ask questions and participate in discussions, including through our social pages Instagram, Facebook and YouTube (hereinafter, "Social Pages"). Please note that the personal data collected during these processes will be processed for the conclusion, administration and performance of contractual relationships, in order to respond to your requests, to allow you to take advantage of the services offered by the Online Shop by accessing restricted areas (for example, to process your orders and carry out related activities, including operations necessary for administrative and tax purposes and, where requested by you, sending newsletters and information material) and also to provide better services, marketing and support to you and other customers, as described below.

1. Who processes your data: joint controllers

Tristate Digital SA, with registered office in Lugano, Riva Albertolli 1, CHE 338710554 (hereinafter "Tristate Digital") and Tristate International SA, with registered office in Lugano, Riva Albertolli 1, CHE 147076577 (hereinafter "Tristate") are joint-controllers, pursuant to the Applicable Data Protection Regulations, of the processing of your personal data necessary for processing and managing your orders, shipping the products you have purchased, providing you with the necessary after-sales assistance, managing the procedure for returning purchased products, complying with tax regulations and other legal obligations. You can learn about the essential content of the joint controllership agreement between Tristate Digital and Tristate by contacting us by e-mail at privacy@eu.tristateww.com or at customerservice@massimoosti.com.

Tristate is the autonomous data controller of the processing of your personal data necessary for the management of your registration account in the Online Shop, for the management and maintenance of the Online Shop, for the management of customer requests made through customer care and, subject to your consent, for marketing purposes, also in a profiled manner.

Hereinafter, when we use the expressions "Data Controllers", "We" or "Our" we will refer jointly to Tristate and Tristate Digital. Conversely, in the event that the information refers to only one of the two data controllers, you will find the reference to either Tristate Digital or Tristate.

Limited to data collected through Social Pages, they are joint controllers of your personal data as published within the platforms themselves. Please review their privacy policy for more information.

2. What data we process - Type of data processed

Your contact and account information. Tristate and Tristate Digital will retain the information you provide to us (e.g., contact information) when you buy a product, interact with after-sales service. Tristate will also retain it when you create an account on the Online Shop, subscribe to the newsletter, participate in Tristate's contests or promotions, and/or contact customer care.

Your payment and billing information. Tristate Digital will retain the payment and billing information you provide to us (e.g., credit card number, personal and contact information) when you purchase a product, for the purpose of processing your purchase orders and shipping the products. For shipping purposes, Tristate will also process the relevant personal data.

Information about your use of the site and your activities on the Online Shop. Your use of the site involves processing data about the browser and device you are using and your IP address (this is the number that identifies a specific device on the Internet and is necessary for your device to communicate with the sites). Tristate may also analyse which site you came from and what actions you have taken on the site.

3. Where we get your data - How we collect data

Directly from you. For example, if you register to make a purchase on the Online Shop, create an account, participate in a prize competition, ask us a question, subscribe to the newsletter or interact with customer care.

If you do not provide us with your data, you will not be able to register on the Online Shop, make any purchases of the products offered for sale there, or use the other services.

Through the use of Online Shop features. Tristate uses cookies and other technologies such as pixel tags on the site and in emails in order to collect data about your usage and better target the promotion To learn more, please review the Cookie Policy.

Third party data provided directly by you. Any indication (e.g. for the shipment of the product) of personal and contact data of any third party other than you represents a processing of personal data with respect to which you act as autonomous data controller, assuming all the obligations and responsibilities provided for by current legislation on personal data. In this sense, you warrant to Tristate e Tristate Digital that any third party data you provide has been acquired by you in full compliance with applicable personal data protection laws and that there is an adequate legal basis for the communication of such third party personal data to Tristate e Tristate Digital, releasing Tristate e Tristate Digital from any claim, demand or damages that may be suffered by Tristate e Tristate Digital from any third party as a result of such communication.

4. Why and for how long we process your data - Purpose and legal basis of data processing; data retention period

a) To provide you with the products and services you have purchased and to send you communications relating to your order or payments. Tristate Digital and Tristate will process your data in order to manage your order, confirm your purchase and manage ancillary services such as shipping of purchased products. Without your data we will not be able to manage and process your order.

The legal basis for this processing is the performance of the agreement to which you are a party from the moment you accept the Online Shop's terms and conditions of sale.

The data retention period of your data is equal to the period necessary to process your order (it being understood that if other processing activities are applicable, e.g. after-sales service and administrative position management, the retention period is the one indicated in relation to such processing activity in this notice).

b) To enable you to register on the Online Shop. Tristate will process your personal data to enable you to create an account on the Online Shop, whether or not you make a purchase on the Online Shop.

The legal basis for this processing is the execution of a contractual/pre-contractual request by you.

The data retention period of your data, in addition to the period necessary to process your order, will be equal to the period of activity of your account, which in any case will be deactivated 24 months after your last access or your last action on the account.

c) To provide you with the necessary after-sales assistance, for example to handle returns and in compliance with applicable product warranty legislation. Tristate Digital and Tristate will use your information to provide you with assistance, to handle returns and/or repairs of products purchased by you in the Online Shop in accordance with applicable laws and the Online Shop's general terms and conditions of sale.

The legal basis for this processing is compliance with legal obligations and the data retention period is equal to the time required to fulfil the obligations required by applicable legislation (in particular consumer law).

d) To properly manage your administrative position. Tristate Digital and Tristate will process your data for accounting, administrative and tax purposes, directly related to Tristate Digital and Tristate's business activities and required by applicable laws.

The legal basis for this processing is compliance with legal obligations, and the data retention period is as long as required by legislation (in particular civil, tax, anti-money laundering, banking and public security legislation).

e) So that you can interact with customer care operators. Tristate Digital and Tristate may use your personal and contact information to assist you if you need help using products purchased from the Online Shop

The legal basis for this processing is the performance of the sales contract you entered into with Tristate Digital when you accepted the Online Shop's terms and conditions of sale and compliance with legal obligations regarding warranties and consumer assistance. The data retention period of your data in relation to this processing is equal to the time necessary to process your request (it being understood that if other processing activities are applicable, the retention period is that indicated in relation to such processing activity in this policy).

f) To prevent or control unlawful conduct or to protect and enforce rights. Tristate Digital and Tristate may use your information to prevent infringement of our intellectual property rights (e.g. counterfeiting of our and/or our partners' trademarks) or theft (including credit card cloning and theft that we believe may occur during a contest or event) or other torts, as permitted by applicable law.

The legal basis for such processing is the legitimate interest of the Joint Data Controllers.

The data retention period of your data is equal to the time reasonably necessary to assert Our rights from the moment We become aware of the offence or its potential commission.

g) To give feedback to your requests collected through the Social Pages. Tristate will use your data to answer to your requests received through its Social Pages, either as public comments or private messages.

The legal basis for this processing is the performance of a contract to which the data subject is a party or the performance of pre-contractual obligations.

The data retention period is equal to the time necessary to fulfil the data subject's requests.

h) For newsletter subscription. Subject to your consent, you may be contacted by Tristate by email or other electronic means of communication with information or offers on products and services offered by the Online Shop, which could also contain surveys, including following your subscription to the newsletter by entering your email address.

The legal basis for this processing is your explicit consent, which with regard to the newsletter subscription only consists of entering your e-mail address.

The data retention period of your data is 24 months from the collection of your data.

i) To send commercial proposals and offer products in line with your preferences. With your consent, Tristate analyses your personal data and your use of the site and the Online Shop, your purchasing and product preferences in order to improve its approach to you and its customers in general, by means of automated processing including profiling. Tristate does this so that it can send you personalized marketing communications, which could also contain surveys targeted on the basis of your interests, and it can provide you with targeted and relevant ads based on your preferences and interests.

The legal basis for this processing is your explicit consent.

The data retention period for your data is 12 months from the collection of your data.

j) To make you participate in surveys. Tristate may, with your consent, send you surveys to analyse any feedback you voluntarily provide via such surveys, for example, in connection with a customer service contact or a purchase from the Online Shop. The legal basis for this processing is your explicit consent. The data retention period is equal to the time required to process your feedback as a result of your participation in the survey, without prejudice to any further retention periods provided for in this policy.

5. Nature of the provision of personal data

For the purposes a) to g) above, the provision of data is necessary to allow you to create an account on the site, make purchases in the Online Shop and receive the other services required.

For the purposes from h) to j), the provision of data is optional, a refusal will not affect the purposes from a) to g). The data subject may revoke his consent at any time, but this shall in no way affect the processing carried out by Tristate prior to such revocation.

6. Where your data is processed - data transfer

The data will be processed and stored in the offices and computer systems of Tristate and Tristate Digital.

Personal data may also be disclosed, including for the purpose of customer service interaction, to companies providing services - specifically appointed as data processors pursuant to the Applicable Data Protection Regulations - based in countries outside Switzerland and the European Union.

Such data transfers are authorised alternatively on the basis of:

- an adequacy decision of the third country to which the data are transferred, adopted by the competent authorities such as the European Commission pursuant to Article 45 of the GDPR; or

- of the appropriate or adequate safeguards provided for by the Applicable Data Protection Regulations such as Articles 46, 47 and 49 of the GDPR (such as standard contractual clauses approved by the European Commission, binding corporate rules, contractual or covenantual safeguards provided by the data controllers involved, or such as exemptions to the prohibition of transfers applicable in specific situations).

Exclusively with regard to data collected on Social Pages, the same will be stored on the aforementioned platforms, according to the privacy policies of the latter, which we invite you to consult.

7. Who we share your data with - recipients of personal data

Provided that, where required by law, we will obtain your prior consent and carry out any formalities required by law, we may share your data with the following third parties (including as data processors):

Our service providers We may share your data with third parties so that they can provide us with services (e.g., providers of IT services for the management of the Online Shop, providers of profiling services and compliance automation, payment gateways and other entities that provide banking services, couriers, companies that manage warehouses and provide logistics services, legal, tax and accounting consultants) who may act as autonomous data controllers or as data processors: in this second case we will enter into a data processing agreement. These entities will only process the data necessary to perform their functions and may only use it to perform such services on Our behalf or to comply with legal requirements. You can find out the details of such data processors by contacting us by email at privacy@eu.tristateww.com or customerservice@massimoosti.com. If such providers operate outside Switzerland or the European Union, we will meet one of the conditions set out above before disclosing any personal data to them.

Where We believe We must do so to comply with legal obligations or in order to provide legal protection to Us or a third party. Where permitted or required by law, We may also share information requested by a government agency or other authorised entity or organisation in order to protect or exercise Our or a third party's rights, or in order to limit or prevent fraud (including credit card fraud or other fraud that We believe may occur during a promotion or event) and other illegal activity.

8. Minors

Our Online Shop is not intended for children under the age of 18 but is intended for an adult audience. If you are a parent or guardian and you think your child has transmitted data to us, you can contact us.

9. Security Measures

We take the security measures required by law.

We take security measures to protect your data. The standard security measures we use depend on the type of data we process and meet the requirements of the law and the standards of European government agencies.

10. Your rights

You may contact Tristate and Tristate Digital to request access to your personal data, rectification, erasure or restriction of processing, to object to processing and to request the portabilitỳ of your data; you may also withdraw your consent at any time (this will not affect the lawfulness of processing based on consent given before the revocation).

When you exercise your right of access, you have the right to know whether your data are being processed, what the purpose of the processing is, what categories of data are being processed, who the recipients or categories of recipients are to whom your data are disclosed (and, if they reside in a third country on the basis of what safeguards), the retention period of your data (or the criteria for determining the retention period), whether any automated processing is taking place (e.g. by profiling) and the logic of such processing, the origin of the data (if not initially collected by Us).

You have the right to lodge a complaint with the competent Data Protection Authority and to ask the data controller, at any time, for information about the data controllers and the persons authorised by the data controllers to process your data.

You can exercise your rights by contacting Tristate or Tristate Digital (at the above-mentioned addresses or by sending an e-mail to privacy@eu.tristateww.com or customerservice@massimoosti.com).

In any case, you can change or revoke your consent through the Online Shop functionalities.

You may withdraw your consent to receive marketing communications including newsletters and personalized marketing communication. In order to stop receiving marketing communications, you can log in to your account and change your choice or follow the instructions set out in the promotional message you receive. Alternatively, you may communicate your withdrawal of consent by sending an email to privacy@eu.tristateww.com

You can control and disable cookies and other profiling tools. To find out how we use cookies and other profiling tools, click here.

You can also exercise your rights, in relation to the processing of personal data carried out through Social Pages, by contacting them directly in accordance with their respective privacy policies.

12. What we do if we change this policy

We may make changes to Our privacy policy. We will notify you of such changes as required by law. We will also post an updated version on Our site. It will have a different date from ones shown below. Please check the site periodically for updates.

Version updated to 01/17/2024