CUSTOMER CLUB TERMS & CONDITIONS AND PRIVACY POLICY
TERMS AND CONDITIONS OF THE CUSTOMER CLUB
The below terms & conditions apply to our customer club, which is offered by BESTSELLER A/S (Fredskovvej 5, 7330 Brande, Denmark, company registration number 88216512), BESTSELLER Handels B.V. (Sint Jorissteeg 2, 1012 XV Amsterdam, the Netherlands, company registration number 59896604), VILA A/S (Stilling Kirkevej 10, Stilling, 8660 Skanderborg, Denmark, company registration number 67756819) as well as local BESTSELLER companies operating our retail stores and related online stores (click HERE to see full list) (hereafter referred to as “Our Companies”).
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 16 years of age to be a member of our customer club, and by signing up you confirm that you are 16 years of age or older. If you are under the age of 16, you can sign up for our customer club by sending a signed confirmation from a parent or guardian to customerservice@bestseller.com.
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 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. In your account you will receive digital receipts for your purchases made in our online shops and in our physical stores, including stores operated by franchisees. You will further have the option to see your past purchases via your membership account.
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 or by our franchisees. The content concerns:
• The current and future product range, including clothes, shoes, bags, accessories, textiles, home accessories, designs, toys, magazines, interior, food products, subscriptions, 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
At any time, you can withdraw your consent to receive marketing material via email or SMS by either following the instructions in the messages we have sent to you, via your membership account, by contacting us at customerservice@bestseller.com or by submitting a contact form that can be found [HERE][3]. If you choose to withdraw your consent to receive marketing material via email and/or SMS, your membership of our customer club, and any benefits included in your membership, will not automatically terminate unless other terms are set out for the particular benefit.
Please be aware that if you have subscribed to receive information regarding several brands, the withdrawal of your consent regarding one brand will not affect the consent for any other brands that you have subscribed to. You therefore have to unsubscribe from each brand individually.
5. Termination of your membership
You may terminate your membership of our customer club at any time via your membership account, by contacting us at customerservice@bestseller.com or by submitting a contact form that can be found HERE .
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
In case you have filed a complaint with us, and you disagree with our handling of your complaint, it is possible to submit a complaint via the European Online Dispute Resolution platform, which you can access [HERE][5] .
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.
If you wish you can also update your profile with information about your kids or future due date for the benefit of better recommendations and support on products.
Our legal basis for processing your personal data is your customer club membership agreement, cf. GDPR article 6 (1) (b) and our legitimate interests in providing customer service, cf. GDPR article 6 (1) (f).
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.
Our legal basis for processing your personal data is your customer club membership agreement and sign-up to benefits, cf. GDPR article 6 (1) (b).
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 and stores. 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).
Personalization is also offered via individual service in our stores where the store personnel can use the information about you such as previous purchases (both online and in stores) to guide you better in relation to styles, sizes, etc.
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, cf. GDPR article 6 (1) (f). Information obtained via cookies is processed for marketing purposes based on your consent, cf. GDPR article 6 (1) (a).
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, cf. above.
Our legal basis for processing your personal data in relation to direct marketing is your consent, cf. GDPR article (1) (a).
At any time, you can withdraw your consent by clicking in the unsubscribe link in our communications or by contacting us at . Please be aware that if you have subscribed to receive information regarding several brands, the withdrawal of your consent regarding one brand will not affect the consent for any other brands that you have subscribed to. You therefore have to unsubscribe from each brand individually.
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, cf. GDPR article 6 (1) (a). Any publishing of winners is based on our legitimate interest in documenting the winners towards all participants, cf. GDPR article 6 (1) (f).
Electronic receipts
As part of our customer club, we store digital copies of your receipts from purchases made in our physical stores (both own stores and stores operated by our partners/franchisees) as well as in our web shops. 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, cf. GDPR article 6 (1) (b).
Investigation of misuse and fraud detection
If we suspect any misuse of your membership or fraud associated with benefits or payments associated herewith we will use your personal data in order to conduct an investigation hereof.
Our legal basis for processing your personal data is our legitimate interest in preventing and detecting irregularities that may lead to loss by us or third parties, cf. GDPR article 6 (1) (f).
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, cf. GDPR article 6 (1) (f).
2. Who do we share your personal data with?
In order to provide you with the best customer experience and membership benefits when you shop in both our physical and online stores we will share your information with our franchisees who operates physical and/or online stores under our brands but in their own company name. These franchisees will be individual data controllers and are only allowed to use your information for the purposes of the customer club and related benefits.
In addition, 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 the EU. 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 the EU. In such case, our partner is obligated to keep your personal data equally safeguarded. If you want specific information about our non-EU partners or these external sub-processors, please contact customerservice@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 submit our online request form which is available [HERE][7].
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.
