1.- Website owner
The present website is owned by Limited liability company “Russian Retail Holding” (hereinafter, Tous®).
Name of the company: Limited liability company “Russian Retail Holding”
Registered address: 115280, Building 26, Office 206, Leninskaya Sloboda, Moscow, Russia
2.- User acceptance
Tous® can offer through the Website services that may be subject to special conditions. Users will be informed of the relevant particular conditions in each specific case.
3.- Access to the website and passwords
Overall prior registration as a user is not required for access and use of the Website, without prejudice that certain services or contents thereof require subscription or registration.
Users data obtained through registration are protected by passwords chosen by themselves. Users agree to keep their password secret and to protect it from unauthorized use by third parties. Users shall immediately notify Tous® of any unauthorized use of their account or any security violation related to the service of the website, of which they are aware.
Tous® adopts the necessary technical and organizational measures to ensure the protection of personal data and prevent alteration, loss, unauthorized treatment and/or access, taking into account the state of the art, the nature of the data stored and the risks to which they are exposed, all in accordance with the provisions of the Russian data protection legislation. In particular, Tous® uses SSL (Secure-Sockets-Layer) protocol, ensures location of servers in a secure datacenter in Moscow, ensures secure credit card payment, allows use of secure passwords, which must be minimum 8 characters long, contain at least one capitalized character and one number.
Tous® is not liable before users for the disclosure of personal data to third parties, which is not due to causes directly attributable to Tous®, or by the use of such data by third parties unrelated to Tous®.
4.- Intellectual property
Reproduction, copy, use, distribution, marketing, public communication or any other activity that can be carried out with the information contained in this Website and made without the express authorization of Tous® and/or the trademark owners constitutes an infringement of intellectual and industrial property punishable by law.
The names and logos displayed on these pages are registered trademarks owned by Tous® or companies of the TOUS Group.
All materials, including video clips, illustrations, photographs, product, images, creativities, designs, logos and trademarks (hereinafter "Content") displayed on the website are owned by by Tous® or companies of the TOUS Group or its affiliates and are protected by applicable law. Permission is granted to electronically copy or partial printing of the Website with the sole purpose of placing an Order on the Website as a source of purchase. Any other use, including reproduction, modification, distribution, transmission, republication, display or performance of the Website Content is strictly prohibited. Tous® beyond the limits described above, does not grant any license or authorization for personal use to Users on their intellectual and industrial property or any other right related to its Website and the services offered therein.
Tous® reserves all rights of the content of this Website. No other company or individual may use such content without the express written consent of Tous®. Tous® items are available exclusively on the Tous® website (www.tous.ru), Tous® stores, Tous® points of sale and specialized multibrand stores. The Tous® products sold through unauthorized channels could be fake.
5.- Liaisons or Links
This Policy refers only to the web and content of Tous® and does not apply to links or the third party websites accessible through the website.
The destinations of these links are not under the control of Tous® and Tous® is not responsible for the content of any destination websites of a link, or any link contained in a web page that is reached from the website of Tous®, or any changes or updates to these pages.
These links are provided solely to inform Users about the existence of other sources of information on a particular topic, and the inclusion of a link does not imply approval of the linked website by Tous®.
In the event that the company had actual knowledge that the activity or information to which these links leads is illegal, criminal or could damage property or rights of third parties subject to compensation, Tous® will act with due diligence to remove or disable the corresponding link as soon as possible.
6) Proper use of the website
Users shall be solely responsible for any false or inaccurate statements made and the damage caused to Tous® or to third parties by the information provided. Notwithstanding the provisions of the preceding paragraph, Users must also refrain from:
- Make an unauthorized or fraudulent use of the website and/or its content with illegal or illicit purposes, prohibited by the present conditions, wrongful of third party interests and rights, or that in any way damage, disable, overburden, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer.
- Access or attempt to access restricted areas of the website, without fulfilling the conditions required for such access.
- Cause damage to physical or logical systems of the website, its suppliers or third parties.
- Introducing or spreading computer viruses or any other physical or logical systems that are capable of causing damage to physical or logical systems of Tous®, its suppliers or third parties.
- Trying to access, use and/or manipulate Tous® data, third party suppliers and other users.
- Reproducing or copying, distributing, allowing public access through any form of public communication, transform or modify the contents, unless you have obtained the authorization of the corresponding rights owner or it is legally permitted.
Also, Users agree to compensate Tous® against any damages arising from their use of "robots," "spiders," "crawlers" or similar tools used to gather or extract data or any other action on their part that imposes an unreasonable burden on the operation of the website.
7) Forums or Blogs
The person identified in each case as it having made comments and/or sent photographs, is responsible for them. Comments and/or photographs do not reflect the opinion of Tous®, or means that Tous® makes statements in this regard.
Tous® shall not be liable, unless by applicable law, of any mistakes, inaccuracies or irregularities that may contain comments and/or photographs, as well as damages that could be caused by the insertion of the comments and/or photos on the Forum or in other sections of the website that allow this kind of services and content.
The text supplier Users and/or photographs assign to Tous® the rights for reproduction, use, distribution, public communication and any activity on them, both in electronic form, digital, paper, and any other support. And, in particular, Users grant these rights to the placement of text and/or pictures on the website, so that other users can access them.
The supplier Users declare to be the holder of the rights on the texts or pictures or, where appropriate, guarantee that they have the necessary rights and authorization of the author or owner of the text and/or photographs, for use by Tous® through the website.
Tous® will not be liable, except by applicable law, for damages that could be caused by the use, reproduction, distribution or public communication or any type of activity carried out on texts and/or photographs that are protected by intellectual property rights belonging to third parties without the user having previously obtained from the owners the authorization needed to carry out the use made or to make the intended use.
Also, Tous® reserves the right to withdraw unilaterally the comments and/or photographs hosted on any section of the web, where there is evidence that the comments and/or photographs violate any legal provision, violate any third party rights, or they are used for advertising purposes (spam) as well as when Tous® deems its appropriate.
Tous® shall not be liable for the information sent by users when there is no actual knowledge that the information stored is unlawful or harms property or rights of a third party liable for compensation. At the moment Tous® have actual knowledge that it stores data as the above-mentioned, Tous® undertakes to act expeditiously to remove or block all access to them.
In any case, for any claim related to the inserted in any of the sections, you can contact the following email address: email@example.com.
8) Social Networking
9) Protection of personal data
Users may send Tous® their personal data through the website by different channels in order to obtain services, provided by Tous®.
Tous® collects following personal data:
· Name, surname and last name;
· E-mail address;
· ID or Passport number;
· Telephone (mobile) number;
· Postal address;
· Zip code;
· Country of citizenship;
· Age (date of birth);
· Payment data (credit/debit card number, account bank number,);
· User name (login) and encripted password.
When users use Tous® website certain personal data may be collected by automated means such as:
· Log information: certain information in server logs, including but not limited to internet protocol (IP) addresses, viewed and exit pages and date or time stamps;
· Details of users visits activities of the website, including resources that users access;
· Device information: information about the device or any computer the user may use, including, where available, the device's unique device identifiers and for system administration.
Tous® may process users’ personal data for the following purposes:
· in order to manage the user’s registration account, answer the user’s questions, compile statistics;
· in order to manage the user’s purchase;
· in order to keep the user informed about TOUS products, services, events, promotions and future campaigns;
· to administer, support, improve, optimise and develop the website of Tous® and its services;
· to operate, evaluate and improve Tous® business (including by developing new products and services; managing Tous® communications; determining the effectiveness of advertising of TOUS brand; analyzing TOUS branded products, services and website; facilitating the functionality of Tous® websites; and performing accounting, auditing, billing, reconciliation and collection activities;
· to enforce Tous® Terms and conditions;
· to comply with applicable legal requirements and industry standards and TOUS Group and Tous® policies.
Users are not required to provide Tous® with their personal data. However, should they choose not to, it may be difficult or even impossible for Tous® to provide the users with the above-mentioned information and services.
Tous® may process the users’ personal data by automated or manual means. Tous® may perform following actions with the users’ personal data: collection, recording, systematization, accumulation, storage, specification (adaptation or alteration), extraction, usage, transfer, depersonalization, blocking, deletion, destruction.
Tous® processes the users’ personal data upon collection in the databases located in Russia.
Tous® may transfer users’ personal data to the following third parties, whom Tous® may engage in order to support its business activity (e.g., fulfilment services, technical support) and who may process users’ personal data in accordance with Tous® instructions:
· “Yandex.Money”, NBCO LLC, registered at 11 Timura Frunze Street, bld. 44, 119021 Moscow, Russia in order to perform secure payments of the users purchases on the Tous® website;
· “CROC incorporated” CJSC, registered at 5 Volochaevskaya Street, bld. 1, 111033 Moscow, Russia (postal address), located at 26B Bolshaya Pochtovaya Str., bld. 2, 105082 Moscow, Russia in order to host the users personal data;
· “SPSR-Express” LLC, registered at 42 Volgogradsky prospect, bld. 23, 109316, Moscow, Russia (postal address) and located at 5/7 Rozhdestvenka Street, bld. 2, premise V, room 18, 107031, Moscow, Russia in order to enforce the Terms and Condition in part of delivery of the purchases made through Tous® website.
When Tous® transfers users’ information, it will only ever do so where the user has consented to the transfer or Tous® has implemented appropriate safeguards to ensure the adequate protection of the personal data and such transfer is allowed by applicable legislation.
The user can exercise his/her rights of access, rectification, updating, request to cease processing of personal data and other rights, specified in the legislation, and also revoke the consent given for sending commercial communications, by writing to Limited liability company “Russian Retail Holding”, 115280, Building 26, Office 206, Leninskaya Sloboda, Moscow, Russia Ref. “Data Protection” or email at firstname.lastname@example.org. In order to respond at the user’s query, Tous® is entitled to request the user to provide the details of his/her identification document.
11) Applicable Law and Jurisdiction
The relationship between Tous® and Users shall be governed by Russian law and any dispute shall be submitted to the Courts of the User’s domicile.
12) Companies of the Group
· S. TOUS, S.L., domicilio social: Ctra. De Vic, El Guix, nº 3, Manresa (Barcelona), CIF: B-08.332.074, Inscripción registral: Registro Mercantil de Barcelona, al tomo 42.837, folio 89, hoja nº B-161.832;
· JOYERIA TOUS, S.A., domicilio social: C/ Carme, nº 2 Lleida, C.I.F.: A-25.039.199, Inscripción Registral: Registro Mercantil de Lérida, al Tomo 191, Folio 1, Hoja nº L-3513;
· TOUS FRANQUICIAS, S.A.U., domicilio social: Ctra. de Vic, El Guix, nº 3 (Barcelona), C.I.F.: A-61.737.037, Inscripción Registral: Registro Mercantil de Barcelona, al Tomo 31.016, Folio 19, Hoja nº B-183.978;
· TOUS & TOUS COMPLEMENTS, S.L.U, domicilio social: C/ Sallent, 97-103, Polígono Industrial Els Dolors, Manresa (Barcelona), C.I.F.: B-61872362, Inscripción Registral: Registro Mercantil de Barcelona, al Tomo 31.527, Folio 143, Hoja nº B-194.172;
· TOUS PERFUMES, S.A., domicilio social: C/ Isla de Java, 33 de Madrid (Antes Isla del Hierro, 5 de San Sebastian de los Reyes, Madrid), C.I.F.: A-82722042, Inscripción Registral: Registro Mercantil de Madrid, al tomo 16.344, folio 186, hoja M-277686;
· TOUS WATCHES, S.L., domicilio social: Avda. Diagonal, 463, bis 6ª planta Barcelona, CIF: B- 64.836.752, Inscripción Registral: Registro Mercantil de Barcelona, al Tomo 40470.