PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE “MY INTIMISSIMI” LOYALTY PROGRAM CAREFULLY. BY
PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY
REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
The “My Intimissimi” Program (“Program”) is offered by Calzedonia USA Inc. (“Calzedonia,” “we,” “our” or “us”) to reward and offer exclusive advantages to our loyal customers. The Program is available to individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years or older, for their personal use only and not for any business or commercial purpose. The Program is limited to one (1) account per individual, and Calzedonia reserves the right, in its sole discretion, to suspend, cancel or combine accounts that appear to be duplicative. Only one (1) account may be associated with a single email address. In the event of a dispute over ownership of an account, the Member (as defined below) will be deemed to be the authorized account holder of the email address provided when joining the Program. The “My Intimissimi” Card (the “Card”) is personal and may not be transferred, sold, assigned, and/or shared with family, friends or other third parties.
In order to enroll in the Program, you are required to provide an email address to receive operational communications from Calzedonia in connection with your participation in the Program (e.g., confirmation of enrollment, termination of membership, changes in status, eligibility for rewards, account updates, etc.). By accepting these Terms, you will be automatically included in our Program mailing list and you agree to receive Program-related email communications from Calzedonia.
In order to enroll in the Program, Members must obtain and activate a Card. The Card may be used at participating
“Intimissimi” and “Intimissimi Uomo” stores in the country of issuance or other participating countries
(collectively, the “Participating Stores”) or in connection with purchases online at www.intimissimi.com (the
“Website”). A list of Participating Stores is available on the Website. The Card issued by the Participating Store
will initially grant you “Essential” status (as described below).
Enrollment in the Program is only complete upon activation of the Card. In order to start earning and redeeming points, you must activate your Card at a Participating Store, with the help of a store assistant, or on the Website. The Card must be activated within twelve (12) months from the date of receipt. Notwithstanding the foregoing, you can start using your Card immediately upon issuance from a Participating Store, provided that any points you may have earned in connection with the first purchase made by using your Card will only be credited to your account upon activation of the Card.
Should you lose your Card or if your Card is stolen, you may request a replacement Card at any Participating Store, upon providing your name and email address. The lost/stolen Card will be deactivated and any points earned will be automatically transferred to the new Card. Your new Card will require activation, which can be completed on the Website, at a Participating Store, or by contacting customer care at (855)564-2408.
The Card cannot be used as payment for merchandise. Points are not redeemable for cash, are non-transferrable and non-negotiable.
Loyalty points will be automatically credited to the Card, once activated, upon each qualifying purchase made at a
Participating Store or through the Website.
One (1) point will be earned for every whole U.S. dollar ($1.00) spent, rounded down to the nearest dollar (e.g., $1.99 = 1 point). We may also offer promotions, for a limited amount of time, that enable our customers to earn double or triple points on select purchases, in our sole discretion and as advertised from time to time.
Only for purchases in Russia, the loyalty points will be credited subject to prior presentation of the Loyalty Card.
Points may be earned in participating countries other than the United States according to the following chart:
Eligible purchases include regular priced merchandise and exclude sales tax, discounts, handling charges, shipping
and delivery charges, and/or other excluded charges specified by us from time to time. You may also earn points by
purchasing an Intimissimi gift card; provided, however, that you will not earn any additional points when making
purchases entirely or partially paid for with such gift card.
In order to earn points, Members must present the Card, or provide name and email address, at checkout at Participating Stores before the payment is processed or, for online purchases, link their Card number to their “My Intimissimi” account and complete the checkout procedure on the Website through the account associated with the Card. For the avoidance of doubt, the Card must only be linked once to your account in order to earn points through online purchases. Any points that you would have earned in connection with a purchase made without presenting your Card, or your name and email address, prior to payment cannot be added to your account at a later time.
If you return any purchased merchandise or otherwise cancel a purchase previously made, points earned in connection with such transaction will be deducted from your account.
You may check your points balance at any time by requesting it at any Participating Store or by accessing the account associated with your Card on the Website. Points are typically added to your account within twenty-four (24) hours of purchase; in the event of any technical malfunction, we may experience a delay in awarding points for up to fifteen (15) business days.
The later to occur of: (i) twelve (12) months after the date of activation of the Card, or (ii) if you achieved a new status during any such twelve (12) month period, twelve (12) months after the date you achieved a new status is referred to herein as the “Anniversary Date”. After each Anniversary Date, you will start earning new points.
You will be placed in one of three (3) levels based on the number of points earned through eligible purchases before
each Anniversary Date. Status in any given level is valid for the twelve (12) month period after the date you
qualify for such status. Thereafter, you need to earn enough points to maintain your status.
The three (3) Program levels are:
Level 1 – “Essential” Status
Upon activation of the Card, you will be placed in the first level, “Essential” status. If you are still in “Essential” status on the Anniversary Date, any points earned to date will be reset to zero.
Level 2 – “Superior” Status
To reach “Superior” status, you must earn 1,000 points prior to your Anniversary Date. If on your Anniversary Date you have earned between 1,000 and 1,999 points, you will maintain “Superior” status for the following year, however all points in excess of those used to maintain your status level will be reset to zero. If you do not earn at least 1,000 points before the Anniversary Date, you will return to “Essential” status, and any points earned to date will be reset to zero.
Level 3 – “Privilege” Status
To reach “Privilege” status from “Essential” status, you must earn 3,000 points prior to your Anniversary Date; to reach “Privilege” from “Superior” status, you must earn 2,000 points prior to your Anniversary Date. If on your Anniversary Date you have earned at least 2,000 points, you will maintain “Privilege” status for the following year, and any points in excess of 2,000 will be carried over to the next year. If you do not earn at least 2,000 points before the Anniversary Date, you will return to “Superior” status, and any points earned to date will be reset to zero.
Once you have earned enough points to qualify for the next level, you will receive an invitation at the email address provided upon creating your account to pick up a new Card at any Participating Store. The new Card will be activated at the Participating Store upon pick up. The new status will be immediately active, regardless of when the new Card is obtained. Upon reaching a new status, the points accumulated in the previous status will automatically reset, and any points earned in excess of those needed in order to reach the new status will be immediately credited to your account. For example, if you are in “Essential” status and earn 1,200 points through eligible purchases, you will be placed in “Superior” status and your new balance will be 200 points.
Rewards are based on your status and are granted at the discretion of Calzedonia. Rewards are subject to change from
time to time in our discretion.
You may learn about your eligible rewards on your personal account and at Participating Stores, and you will receive an email communication when you are eligible for a reward according to your membership status.
Rewards may include, without limitation and depending on your status, the following:
* Discounts cannot be combined. If you are eligible for multiple rewards in the form of discounts, the higher
discount will be applied to your purchase. For example, if you are eligible for a 20% discount and a 10% birthday
discount on your purchase, the 20% discount will be applied to your purchase.
** While supplies last; substitutions may be made in Calzedonia’s sole discretion. Merchandise redeemed as part of the Program can only be exchanged for a different size (while supplies last), and cannot be exchanged or returned for points, a different product, a cash refund or store credit. All products received as part of the Program are for personal use only, and not for resale or other commercial purposes, and cannot be transferred.
To access your rewards, you must present your Card, or provide your name and email, at checkout at a Participating Store or enter your Card number before placing an order through the Website. You cannot use your rewards in connection with discounted merchandise and products subject to other promotions.
The Program and its rewards are offered at our sole discretion. Calzedonia reserves the right to change all or any
portion of these Terms, including without limitation how points are earned, any restrictions on the types of
purchases subject to the Program, the number or types of rewards offered, or any combination thereof, at any time in
its sole discretion.
Calzedonia further reserves the right to suspend or terminate the Program at any time in its sole discretion. Any changes to the Terms, suspension and/or termination of the Program will be communicated by publication on the Website, without further notice to you, and will be effective immediately. Therefore, please review these Terms and visit the Website frequently. Without limiting the generality of the foregoing, use of the Card after amendments to the Terms have become effective shall constitute acceptance of any changes thereto.
We reserve the right to audit your account at any time, in our sole discretion. If as a result of such audit we deem or suspect in our sole judgment that you have violated any of these Terms, abused the Program, engaged in any illegal activity, fraud, misrepresentation, unauthorized use of the Program, points, rewards, the Card or any other aspect of the Program, or operated more than one (1) account, your membership may be revoked in Calzedonia’s sole discretion, and you will be ineligible for further participation in the Program. Any decisions by Calzedonia concerning the termination of any Member’s membership shall be final and binding in all respects. If we suspect that you have engaged in illegal activity, fraud, misrepresentation, abuse of the Program or violation of these Terms, we also reserve the right in our sole discretion to take appropriate legal action.
Members may terminate enrollment in the Program at any time by logging into their personal account on the Website or by contacting customer care at (855)564-2408. In the event you fail to use your Card for five (5) years following the date of activation or of your last purchase made using the Card, whichever is later, Calzedonia reserves the right in its sole discretion to deactivate your Card and terminate your membership in the Program. If you decide to re-enroll in the Program, you will need to obtain and activate a new Card and you will be placed in level 1 – “Essential” status.
Upon termination of your enrollment or of the Program as a whole for any reason, all earned points, eligibility for rewards and status will be void and cannot be transferred to a different account or Card, and your access to the Program will automatically terminate.
The Calzedonia Group companies care about privacy and the protection of personal data. We hereby wish to inform you about how we process your personal data following the registration to the My Intimissimi Loyalty program.
Your participation to the My Intimissimi Loyalty program involves our use of your personal data.
In particular, we need to process the personal data provided to us at the time of registration (failure to provide the data marked with an asterisk on the registration form involves the inability to complete the registration process, in case of registration carried out in each point of sale with the support of the sales assistants, the phone number or email address are mandatory data. Failure to provide these data involves the inability to complete the registration process) and the data relating to purchases made at points of sale Intimissimi. These data include, for example, the price and type of products purchased. With your consent, we may also use other information that you freely provide to us at the time of registration or concerning the manner in which you interact with us (hereinafter, collectively, the "Data").
More precisely, we could collect:
We may use your Data, including by electronic means:
a) for the management of your participation to the My Intimissimi Loyalty Program. Your Data will be used to provide you with discounts and other benefits, which may available to you and, more generally, for all related contractual and administrative obligations.
With your consent, we may also use your Data for the following purposes:
b) to provide you a personalized service in all our points of sale where the My Intimissimi loyalty program is active. Wherever you are you could receive the help and advice of our sales assistants, with information (eg. for Intimissimi size, color or pattern) on items purchased in the previous 12 months at any point of sale Intimissimi or even online. Provided that Intimissimi is a global brand, such use of your Data, based on our legitimate interest, allows us to improve the quality of our services at the point of sale and to ensure a consistent service to our customers who have joined the My Intimissimi loyalty program in all our stores. In any case, if you do not wish to receive this assistance, it is sufficient that you, at the time of registration or even at a later time, ask that your Data not be used for this purpose
c) to send you, through the contact details provided to us, newsletters, information about products and services provided by us, offers and promotions, as well as to conduct market researches. For example, we may send you emails or text messages (eg. SMS e WhatsApp), send you promotional materials at your postal address or contact you by telephone via an operator. Our products are marketed under the following brands: CALZEDONIA, INTIMISSIMI, TEZENIS, FALCONERI and SIGNORVINO.
d) to review your preferences, how you interact with us, and your purchasing behaviour. In particular, in order to better understand your tastes and interest in our products and communications, we may examine - also through the use of automated systems – the information provided at the time of your registration to the My Intimissimi Loyalty Program, the purchases made at our Intimissimi points of sale in the last 12 months, your interest in communications and newsletters that we send you, the navigation of our websites, the use of our Apps and the interest in our social channels (e.g. Facebook). For further information on the Data that we may acquire through browsing our websites and/or through the use of our Apps, you may consult the relevant privacy policies. Finally, we may enrich your profile with statistical information that we may lawfully acquire from other sources: for example, in relation to your area of residence (such as demographic information, geo-referencing data, etc.) or to the electronic tools that you use to interact with us.
In any case, this profiling activity is aimed at better personalizing our services and does not have any legal or other significant effect on you.
Your subscription to the My Intimissimi Loyalty Program is in no way conditioned upon the provision of your consent under b) and c).
Your Data will not be processed for longer than the time required to manage your participation to the My Intimissimi Loyalty Program. In any case, information about your purchases and your interactions with us will not be stored or processed for longer than 12 months from the date of collection. In the event that you decide to leave the My Loyalty Program your Data will be deleted within the 3 months thereafter.
For the purposes of the management of the My Intimissimi Loyalty Program and for administrative purposes, we may communicate your Data to our service providers (e.g. IT services) and to the companies that manage the Intimissimi points of sale, present in the various countries where the My Intimissimi Loyalty Program is active, who will be acting as data processors, and to other third parties where there is a legal obligation to do so. A complete list of such companies will be made available by sending a written request to the contacts below.
Your Data may be transferred outside the territory of the United States and of the European Union, even to countries
where the level of protection of personal data may be lower than that guaranteed by US and European legislation.
The transfer to non-EU countries shall, in any case, be subject to adequate safeguards for the protection of your Data and, in particular, to the standard contractual clauses approved by the EU Commission by Decision 2010/87/EC.
You have the rights of access, rectification, erasure, limitation of and opposition to the use of the Data by us, as well as the right to request the transfer to you of some of the Data.
Rights of the data subject
Right of access
The data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
(a) The purpose of processing;
(b) The categories of personal data concerned;
(c) The recipients or categories of recipients to whom the Personal Data have been or will be disclosed, in particular recipients of third-party countries or international organizations, with confirmation as to whether adequate safeguards are in place;
(d) Where possible, the envisaged period for which the personal data will be stored or, if not possible, the criteria used to determine that period;
(e) The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing concerning the data subject or to object to such processing; (f) The right to lodge a complaint with a Supervisory Authority;
(g) Where the personal data have not been collected from the data subject, any available information on their source;
(h) The existence of an automated decision-making process, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her and, at least in those cases, meaningful information about the rationale, the significance and the envisaged consequences of such processing for the data subject.
Right to rectification
You have the right to obtain, without undue delay, the rectification of any inaccurate personal data concerning you.
Right to erasure
You have the right to obtain the erasure, without undue delay, of your personal data if there are any of the following reasons:
(a) personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(b) you have withdrawn your consent to the processing and there is no other legal grounds for the processing;
(c) you objected to the processing, and there is no overriding legitimate grounds for doing so;
(d) the personal data have been unlawfully processed;
(e) personal data have to be erased for compliance with a legal obligation.
Right to restriction of processing
You have the right to obtain the restriction of processing when one of the following applies:
a) contest the accuracy of personal data, for the period necessary for the data controller to verify the accuracy of such personal data;
(b) the processing is unlawful and you oppose to the erasure of the personal data and request the restriction of their use instead;
c) although the data controller no longer needs the personal data for the purposes of processing, but they are necessary for ascertaining, exercising or defending a right in court;
d) you objected to processing, pending verification of the possible prevalence of our legitimate grounds.
Right to object
The data subject has the right to object at any time to the processing of personal data concerning him or her which is based on the data controller’s legitimate interest, including profiling. The data subject has the right to object at any time to the processing of personal data concerning him or her for direct marketing purposes, including profiling to the extent that it is related to such direct marketing.
Right to data portability
You have the right to receive in a structured format, commonly used and readable by automatic device, the personal data concerning you in our possession and you have the right to transmit such data to another data controller without hindrance by the data controller to which you provided them if:
(a) the processing is based on consent or on a contract; and
(b) the processing is carried out by automated means.
At your request and if technically feasible, you can obtain the direct transmission of personal data to another data controller.
Right to file a complaint before the competent Data Protection Authority
When the data subject holds that the processing of his/her personal data is carried out breaching the provisions of the EU Regulation no. 2016/679, he/she is entitled to file a complaint before the competent Data Protection Authority in order to protect his/her rights.
How can you change your preferences or withdraw consent?
At any time, you may check, modify or revoke your consent in relation to the purposes set out under letters (c) and
(d) (as well as by declaring that you do not wish to receive commercial information by email and/or text messages)
and/or request that your Data not be used for the purposes under letter (b).
Regarding the registration carried out online you can change your preferences:
Regarding the registration carried out in each point of sale:
The data controller for the purposes under letter (a) is Calzedonia UK Limited. The data controller for the purposes under letters (c) and (d) is Calzedonia S.p.A.. For the purposes under letter (b), Calzedonia S.p.A. and Calzedonia UK Limited will be acting as joint data controllers.
You may exercise your rights by writing to the data controllers, and/or Data Protection Officer at the address below:
Registered office: Via Monte Baldo n. 20 - Dossobuono di Villafranca (VR) - Italy
The Data Protection Officer of Calzedonia S.p.A.:
Calzedonia USA Inc.
Registered office: c/o Funaro & Co. Empire State Building, 350 Fifth Avenue, 41 st Floor, New York, NY 10118
How will you be informed of any changes to this Privacy Notice?
This Privacy Notice may be subject to changes and updates as a result of changes concerning the way we process your Data or other information provided to you hereunder. Any changes will ensure, in any case, the full protection of your rights. If any changes are made that may limit the guarantees for the protection of your Data or your rights with respect to the current version, before the processing of your Data begins in the new manner, you will be promptly informed through the contacts provided and you will be guaranteed the right to cancel from the My Intimissimi Loyalty or, in any case, to modify your consents and preferences.
NEITHER CALZEDONIA NOR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, OR LICENSORS (COLLECTIVELY, THE “CALZEDONIA PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR ANY OF THE REWARDS ASSOCIATED WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION THAT DEFECTS OR ERRORS WILL BE CORRECTED.
NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, INCLUDING WITHOUT LIMITATION ITS REWARDS, AND/OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.
YOU AGREE THAT THE CALZEDONIA PARTIES SHALL NOT BE RESPONSIBLE FOR OR LIABLE IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) FOR ANY INTERRUPTION OF BUSINESS, DELAYS OR INTERRUPTIONS TO THE PROGRAM, DATA LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION, LOSS OR DAMAGES INCURRED IN CONNECTION WITH ANY THIRD-PARTY LINKS, COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS OF THE WEBSITE, ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT, ANY FRAUDULENT, IMPROPER OR UNLAWFUL USE OF THE CARD, OR EVENTS BEYOND OUR REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION ANY ACT OF GOD, ACT OF WAR, NATURAL DISASTER, CYBERATTACKS, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY).
IN NO EVENT SHALL THE CALZEDONIA PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE PROGRAM OR YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE), EVEN IF THE CALZEDONIA PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS. CERTAIN STATES LAWS SIMILARLY DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Please visit ww.intimissimi.it, call customer care at (855)564-2408, or visit any Participating Store in order to obtain additional information concerning the Program.
The Program and these Terms will be governed by and construed under the laws of the State of New York, without reference to its conflict of laws principles. Members hereby expressly consent to exclusive jurisdiction and venue in the courts located in New York for all matters arising in connection with the Program and these Terms.
Last Update: December 5, 2018