The ph-5.com US Site is operated under license by PH5 LLC, a Nevada limited liability company having an address at 5903 West Side Avenue, North Bergen, NJ 07047.
1. OUR POLICY
The ph-5.com US Site is not directed at, nor do we knowingly collect personally identifiable information from children under the age of 13, although we may sell children's products or services for purchase by adults. If you are under 18, you may use the ph-5.com US Site only with the involvement of a parent or guardian.
2. WHO PROCESSES YOUR PERSONAL DATA
For organizational and operational purposes only, PH5 LLC has appointed certain entities that will also process personal data of users and customers of the ph-5.com US Site. Such purposes are strictly connected to the performance of services provided on the ph-5.com US Site by PH5 LLC, including the sale of products.
The above-mentioned data processors have been chosen by PH5 LLC because of their experience in processing personal data, their sufficient guarantees with respect to compliance with applicable laws and regulations as well as the technical security measures adopted by them in connection with the processing of personal data. In processing personal data of the users of the ph-5.com US Site, our processors will act only in accordance with instructions provided by PH5 LLC. We regularly verify that our processors comply with our instructions and that they provide sufficient guarantees with respect to their compliance with applicable laws and regulations. The following is a list of the companies primarily involved in the processing of personal data of users and customers of the ph-5.com US Site:
- United Parcel Service ("UPS"). We provide UPS, by electronic means, with customers' addresses and other personal data for the purpose of shipping, delivering and returning products purchased on the ph-5.com US Site;
- Bergen Logistics, for purposes of managing shipping on behalf of PH5 LLC;
- and Bigcommerce Inc, for purposes related to the maintenance of the PH5 website.
Please contact our Customer Care or send us an e-mail at email@example.com if you would like to receive a full list of our data processors.
3. HOW DO WE USE PERSONAL DATA AND FOR WHAT PURPOSES
Your personal data are collected and processed by PH5 LLC for purposes which are strictly connected to the use of the ph-5.com US Site, its services and the purchase of products on the ph-5.com US Site. However, your personal data may also be used for other processing operations within the limits of such purposes. In particular, your personal data may be processed for the following purposes:
- when you register with the ph-5.com US Site we collect your personal data (for example, your personal information, e-mail address, gender) through the relevant registration form (My Account) in order to provide you with services in reserved access areas of the ph-5.com US Site and in order to send you our Newsletter, when specifically requested;
- when you request Customer Care services, we collect your personal data (for example, your password) for purposes strictly necessary to provide you with customer care services relevant to the US Site and to the purchase of products on the US Site;
- when you request Customer Service assistance, we collect your personal data (for example, your first and last names, e-mail address and password) for purposes strictly necessary to provide you with Customer Service relevant to the ph-5.com US Site and to the purchase of products on the ph-5.com US Site;
- when you are executing purchasing procedures for products sold on the ph-5.com US Site, including conclusion of an agreement for the purchase of products, we collect your personal data (for example, personal information, e-mail address, address, Credit Card numbers, bank account number and telephone number) on your order form only for the purpose of selling the products ordered by you;
- when you request technical assistance, we collect your personal data in order to provide you with information on net-surfing, Internet browsing or viewing and downloading web pages;
- when creating your Wish List, we process your personal data in order to customize our services for the purchase of products on the ph-5.com US Site.
Your personal data are generally processed by electronic means; however, in certain circumstances, paper-based means may be used (for example, when the processing of your personal data is required for the prevention of fraud against us). Your personal data are stored in a way which allows PH5 LLC to identify you for the period that is strictly necessary for the original purposes for which such personal data are collected and subsequently processed, all in accordance with applicable laws.
Please report any changes to your personal data to the e-mail address firstname.lastname@example.org in order to ensure that your personal data are always accurate and kept up-to-date.
Your personal data will not be transferred to any countries outside the United States if such countries do not provide for an adequate level of protection of the privacy of individuals. Should the above be necessary in order to supply services to you or to execute contracts for the purchase of products, the transfer of your personal data to any such countries will be carried out only after the execution of specific contracts between PH5 LLC and all parties involved, in accordance with applicable laws and regulations.
We wish to inform you that PH5 LLC process users' personal data for purposes that are strictly connected to the supply of services through the ph-5.com US Site, the execution of contracts related to the sale and purchase of products on the ph-5.com US Site and, after receiving your consent, in order to send you information on new commercial initiatives which are strictly related to the ph-5.com US Site's activities and services. PH5 LLC process your personal data for direct marketing purposes, including by e-mail, only after receiving your consent.
PH5 LLC may have access to third parties' personal data which is directly disclosed by their users to PH5 LLC, for instance when the user buys a product to be sent to a friend, when the user who pays the purchase price for a product is different from the recipient of such product, or when a user wishes to recommend to a friend a service provided through the ph-5.com US Site or the sale of a particular product posted on the ph-5.com US Site.
4. WHAT HAPPENS IF YOU DO NOT DISCLOSE YOUR PERSONAL DATA
The personal data we request you to provide to PH5 LLC, including your e-mail address, your address, your Credit/Debit Card numbers, bank account number and your telephone number, is necessary for the processing of your order for the purchase of products on the ph-5.com US Site, to supply other services provided on the ph-5.com US Site upon your request, or to carry out obligations arising out of applicable laws and regulations.
Your refusal to provide certain personal data to PH5 LLC may prevent PH5 LLC from processing your order for the purchase of products sold on the ph-5.com US Site or from providing other services through the ph-5.com US Site, such as Customer Services, sending the Newsletter, use of the Wish List, recommending a product to a friend.
Your failure to provide personal data to PH5 LLC may prevent the processing of your order for the purchase of products sold or to provide services through the ph-5.com US Site.
The disclosure of personal data to PH5 LLC other than that required in order to fulfill legal or contractual obligations or to provide the services requested by you is optional and does not have any effect on the use of the ph-5.com US Site and its services or on the purchase of products on the ph-5.com US Site. We will inform you if the personal data we ask you to provide is necessary or optional by marking with an asterisk (*) the information that is necessary. Your failure to disclose optional personal data will not pose any obligation or disadvantage to you, except to the extent that we may no be able to offer you some of our optional, personalized features of the ph-5.com US Site.
5. TO WHOM YOUR PERSONAL DATA WILL BE DISCLOSED
Your personal data may be disclosed to third parties who provide specific services as Data Processors on behalf of PH5 LLC or who autonomously process personal data collected by PH5 LLC in connection with the performance of a contract for the purchase of products on the ph-5.com US Site (for example, Bank of America).
Any such disclosure will be conducted, in each instance, without exceeding the original purposes for which your personal data were collected and subsequently processed. In addition, your personal data may be disclosed to third parties in order to (1) comply with applicable laws, (2) respond to governmental and judiciary inquiries, (3) comply with valid legal process, and (4) protect the rights or property of PH5 LLC.
In the event there is a change in the corporate structure of PH5 LLC including, without limitation, by merger, consolidation, sale, liquidation, or transfer of substantial assets, PH5 LLC may, in their sole discretion, transfer, sell or assign personal data collected on and through the ph-5.com US Site, including, without limitation, personally identifiable information and aggregate information concerning users and customers, to one or more affiliated or unaffiliated third parties.
In any event, your personal data will not be disclosed to third parties without you being informed or without your consent, when such consent is required by law.
6. HOW DO WE COLLECT YOUR DATA ON ph-5.com
We disseminate cookies in connection with functions such as browsing the catalogue, purchasing products on-line and supplying "My Account" services.
As you may know, each Internet browser allows the deletion of cookies after each session. Your Internet browser contains instructions on how to carry out these procedures of deletion. Please access the appropriate instructions section on your Internet browser if you wish to delete cookies.
Other Methods of Collecting User Information.
PH5 LLC directly collect personal data and information from users when they register on-line with the ph-5.com US Site or when they send purchase orders for products sold on the ph-5.com US Site in order to finalize their transactions.
7. SECURITY MEASURES
Nevertheless, PH5 LLC cannot guarantee that the security measures adopted for the protection of the ph-5.com US Site and the transmission of data and information through the ph-5.com US Site will prevent or exclude any risk of unauthorized access to or loss of data. It is advisable that your computer be equipped with software devices for the protection of network data transmission and receipt (such as, updated antivirus systems) and that your Internet service provider take appropriate measures for the security of network data transmission (such as, firewalls and anti-spam filtering).
8. OPT-IN/OPT OUT Advertising material and direct marketing or other commercial communications which are not specifically requested by you or necessary to provide a service you requested, including the purchase of products on the US Site, will be sent to you only after we receive your consent. Please note that each time your consent is required, we will inform you in advance and we will give you the option to either provide or refuse your consent by selecting the appropriate box.
PH5 LLC may process your personal data without your consent when such processing is necessary to comply with applicable laws and regulations or to provide you with services you requested, including the purchase of products on the US Site.
Even when your prior consent is not necessary, you may exercise, at any time, your right not to receive future communications regarding services you requested, such as the Newsletter.
9. YOUR RIGHT TO ACCESS PERSONAL DATA AND FURTHER RIGHTS
You are entitled to obtain, at any time, confirmation from PH5 LLC as to whether or not data relating to you is being processed, even if not yet registered, and the communication of any such data in an intelligible form.
You are entitled to obtain at any time from PH5 LLC:
- a. the updating, rectification or integration of your personal data;
- b. the deletion, transformation into anonymous form or blocking of your personal data, which are processed in violation of the law, including when the storage of data is not necessary for the purposes for which it has been collected and subsequently processed;
- c. the confirmation that the operations under letters a) and b) have been reported to whom the data were disclosed or disseminated, except when it becomes impossible to do so or if it means exceeding the protection of the right you are claiming.
You are entitled to object, in all or in part:
- a. for legitimate reasons, to the processing of your personal data, even if it is related to the purposes for which it was collected;
- b. to the processing of your personal data for advertising or direct marketing purposes or in order to carry out marketing research or commercial communications.
You may freely and at any time exercise your rights, provided that you do so in compliance with applicable laws and regulations, by sending your request to PH5 LLC at the following e-mail address: email@example.com.
10. LINKS TO OTHER WEB SITES
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY PH5 LLC, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS PH5 LLC LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
If you wish to receive further information regarding our privacy practices, please contact us at the following e-mail address: firstname.lastname@example.org.
12. GOVERNING LAW
The processing of personal data by PH5 LLC will be conducted in compliance with applicable US laws.
13. MODIFICATION AND UPDATING