Terms & Conditions
Welcome to our website www.perfectio.ca (the Site).
The processing of Personal Data of website users will be performed in Las Vegas, NV, USA and conducted in accordance with applicable American legislation and the Personal Data Protection Code (Legislative Decree 30 June 2003, No. 196), which governs the processing of personal data by anyone who resides or has a registered office in United States.
1. THE POLICY
2. WHO PROCESSES YOUR PERSONAL DATA, HOW AND FOR WHAT PURPOSES
Perfectio is the Data Controller of the Personal Data of www.perfectio.ca users, with the purpose of managing, finalizing and implementing sales transactions concerning the purchase of products via the same Site (“Purpose”), Perfectio decides the purposes and methods used to process such data and the instruments to be used, including all security related aspects. For purely organizational and functional requirements, we have appointed some Chief Processors to manage user Personal Data, for purposes strictly linked and related to the provision of services on the Site, including the sale of products. Such Chief Data Processors have been selected on account of their experience, capabilities and reliability, thorough compliance with the provisions in force applying to processing as also related to security matters. Chief Processors process the Personal Data of Site users following the instructions provided by KCS Brands.
Please contact the Customer Care service for a complete list of the Chief Processors assigned to processing your Personal Data, or send an e-mail to: [email protected]
In particular, to achieve our Purposes, and as part of the process when purchasing products on the Site, we collect Personal Data (e.g. name and surname, e-mail address, mailing address, credit card and bank details, telephone number) via the product order form available on the Site.
Personal Data are mainly processed in electronic format.
Personal Data shall be retained in the form that allows you to be identified for the time strictly necessary for the purpose for which the data were collected and subsequently processed and, in any case within the limits foreseen by the laws in force. To ensure that Personal Data is always accurate and updated, pertinent and complete, you are asked to kindly notify us of any changes to the same sending us an e-mail to: [email protected]
Further to what already provided for above, Personal data shall not be disclosed to third parties for purposes not permitted by law or without your express consent.
Personal data is made available to third parties, for ancillary purposes related to the provision of services required by the user (for example, for purchase related transactions). For further details on this aspect, please consult paragraph 4 (Whom we disclose Personal Data to). You can at any time obtain an updated list of Chief Data Processors by sending a request to the following e-mail address: [email protected]
Your personal data can be disclosed to Police forces or Judicial authorities, for instance pursuant to Site anti-fraud services, in accordance with the laws in force and whenever requested. Your Personal Data will also be accessible to Chief Data Processors as indicated in paragraph 2 and for the specific purposes listed therein. Personal data will not be transferred abroad to Countries other than those belonging to the United States of America, which do not guarantee a sufficient level of privacy protection. If the above should be necessary to achieve our Purposes, we will ensure that the transfer of Personal Data to Countries which do not belong to the Unites States of America and do not guarantee adequate levels of protection, will only be implemented after such parties and Perfectio have all signed specific contracts containing clauses for the protection of Personal Data, in accordance with applicable law and regulations.
The purposes for which your Personal Data are processed shall be specifically disclosed each time in the Information Note text provided on the page where the same are requested to confer their Personal Data.
There may be cases where Perfectio processes third-party personal data communicated directly by Perfectio users, e.g. when the user intends to tell a friend about a service or product on sale at the Site, or when the user purchases a product to be sent to a friend or when the subject paying for the purchase is different to the subject to whom it will be delivered.
3. DENYING CONFERRAL OF PERSONAL DATA AND RELATIVE CONSEQUENCES
Conferral of Personal Data to Perfectio and, in particular, personal data, your email address, your mailing address, your credit card / debit card and bank details and phone number, is required in order to fulfil our Purposes.
Some of the aforementioned data may be indispensable so as to fulfil the obligations imposed by the law or other regulations, or to provide other services you may have requested as provided on the Site.
Refusal to disclose certain essential Personal Data, identified on the Site by an asterisk (*), may make it impossible to complete all purchase contract phases, and/or fulfill obligations required by the laws and regulations in force. Failure to disclose certain Data can therefore, according to individual circumstances, constitute a legitimate and justified reason preventing the execution of the purchase contract on the Site or the supply of services via the same.
On the other hand, conferral to Perfectio of additional Personal Data, other than those which are compulsory, is optional and has no impact on the purchase of products on the Site.
4. TO WHOM WE DISCLOSE YOUR PERSONAL DATA
Personal Data may be disclosed and made available to third party companies that provide specific services to Perfectio, as Chief Data Processors or disclosed to other recipients of the data collected by Perfectio, who process data independently for the sole purpose of executing the purchase contract for products on the Site (such as, for instance, Global Collect, for the execution of remote electronic payment services, via credit card/debit card) and only when such a purpose is not inconsistent with the purposes for which your Personal Data was collected and subsequently processed and, in any case, in full compliance with the laws in force.
No Personal Data shall be disclosed, assigned or otherwise transferred to third parties without informing users and obtaining their consent in advance, when required by law.
5. HOW WE COLLECT YOUR PERSONAL DATA ON THE SITE
Perfectio collects Personal Data and other information during the online registration process or when sending order forms to purchase products on the Site so as to execute e-commerce transactions. These data are processed by Perfectio within the limits and purposes illustrated in the Information Note presented to users in the relative data collection section.
6. SECURITY MEASURES
However, as it is impossible to guarantee that such measures for the security of the Site and the transmission of data and information on the same Site limit or exclude any risk of unauthorized access or dissemination of data, we recommend you check that you have an updated antivirus protection system installed on your computer, which protect incoming and outgoing data, and that your Internet provider uses firewalls and anti-spamming filters where suitable for the security of data transmission on the web.
7. RIGHTS TO ACCESS PERSONAL DATA AND OTHER RIGHTS
You are always entitled to receive confirmation as to whether or not Personal Data concerning you exists, regardless of their being already recorded, and communication of such data in an intelligible form.
You are always entitled to obtain from Perfectio:
– updating, rectification or, where interested therein, integration of the data;
– erasure, anonymizayion or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
– certification to the effect that the operations indicated above have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared to the right that is to be protected.
You are also entitled to oppose, totally or partially:
– for legitimate reasons, the processing of your personal data, despite them being relevant to the purpose of the collection;
– to the processing of Personal Data concerning you, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.
– You are entitled to exercise your rights at any moment in time, within the terms and conditions of the law, sending such requests by e-mail to Perfectio at [email protected] ; we will respond to your mail as soon as possible.
8. LINKS TO OTHER WEBSITES
The Site provides links to these websites exclusively to assist users in their search and browsing activities and to facilitate links to other websites on the Internet. Posting of such links does not infer that Perfection recommends the use or browsing of these websites, nor any guarantee of their content, services or merchandise supplied and sold to Internet users.
If you wish to receive further information on how [email protected] processes Personal Data, please send an e-mail to the following email address: [email protected] To receive further information and be updated on the rights and the regulations concerning the protection of persons in relation to the processing of Personal Data.
10. APPLICABLE LAW
The Code ensures that Personal Data are processed by respecting data subjects’ rights, fundamental freedoms and dignity, particularly with regard to confidentiality, personal identity and the right to Personal Data protection.
Copyrights, Disclosures, and Disclaimers
Authorization of Use
P hereby auterfectio horizes any person to access this Website for informational purposes only. Perfectio reserves the right to terminate access to this Website at any time without notice. The data, information and material included in this Website is copyrighted by Perfectio. All rights are reserved under the copyright laws of the United States of America. No part of this Website can be redistributed, copied or reproduced without the prior written consent of Perfectio.
The user of this Website assumes all responsibility and risk for the use of this Website and the Internet generally. Perfectio, and its affiliated companies disclaim all warranties, representations or endorsements, expressed or implied, with regard to the data, information and material included in, or accessible from, this Website or the Internet, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose or noninfringement. Perfectio and its affiliated companies have the right to discontinue, change or update any data, information or material included in the Website without prior notice, and they do not assume any legal liability or responsibility for the accuracy, completeness or usefulness of any data, information or material included in, or accessible from, this Website. No advice or information given by Perfectio or its affiliated companies shall create any warranty. Neither Perfectio nor its affiliated companies warrants that the data, information and material included in the Website or on the Internet will be uninterruptible or error free or that any data, information, software or other material accessible from this Website is free of viruses or other harmful components.
Disclaimer of Liability
In no event shall Perfectio or its affiliated companies be liable for any compensatory, special, direct, incidental, indirect, or consequential damages, exemplary damages or any damages whatsoever resulting from loss of use, data, information or profits arising out of or in connection with the use or performance of the data, information or material included in this Website or on the Internet generally or on any other basis.
Disclaimer for Links
Although this site includes links providing direct access to other Internet sites, Perfectio and its affiliated companies take no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites.
Perfectio will not be deemed to have accepted any electronic communication unless Perfectio provides the sender of the electronic communication with an acknowledgment verifying receipt of the communication. If Perfectio sends any electronic communication, Perfectio will assume the communication was received intact by the intended recipient. The recipient of such message must notify Perfectio if the transmission was not received or was not received in a readable format.
Despite the security measures taken by Perfectio, there is an inherent risk in disclosing personal information over the Internet. Anyone electronically transmitting personal information assumes the risk that such information may be disclosed or intercepted by unintended third parties and Perfectio disclaims all liability resulting from such interception or disclosure.
The Perfectio logo, and other marks, including the names of various products and services described within and offered by companies represented by Perfectio and its subsidiaries are service marks of these companies.
Permission to use, copy and distribute these materials is not granted.
Use of this site shall be governed by and construed in accordance with the laws of our state of business, without giving effect to any principles of conflicts of laws. Any dispute concerning this site shall be subject to the exclusive venue of a court of competent jurisdiction in state of Florida .
Should any provision of our terms and conditions be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.