Privacy Policy
Privacy Notice
Last updated: November 1, 2023
We at Brosway Italia (Bros Usa Corporation) (collectively, “Brosway Italia,” “we,” or “us”) respect your concerns about privacy. This Privacy Policy describes the types of personal information we collect from you when you access or use www.brosway.com/en-us and other online products and services that link to this Privacy Policy (collectively, the “Sites”), shop in our retail stores (“Stores”), communicate with customer service, or otherwise interact with us. This Privacy Policy also explains how we use and disclose such personal information, and the choices available to you.
While this Privacy Policy provides you with information about our privacy practices and certain rights, our Terms of Use governs our relationship with you, including your transactions with us and your use of our Sites and visits to our Stores.
Our privacy practices may vary in the locations where we operate to reflect local practices and legal requirements. You can view the following region-specific information below:
- Additional Information for Individuals in California, Colorado, Connecticut, Utah and Virginia
- Additional Information for Individuals in Canada
- Additional Information for Individuals in Europe
- Additional Information for Individuals in the People’s Republic of China
- Additional Information for Individuals in Hong Kong
CONTENTS
- Collection of Personal Information
- Use of Personal Information
- Targeted Advertising and Analytics
- Disclosures of Personal Information
- Data Retention
- Your Privacy Choices
- Data Transfers
- Joint Collection of Information for Shipments Outside the United States
- Data Privacy Framework
- Links to Other Websites
- Updates to Our Privacy Policy
- How to Contact Us
- Additional Information for Specific Jurisdictions
COLLECTION OF PERSONAL INFORMATION
The categories of personal information we collect and the sources from which we collect it depend on your interactions with us and are described in more detail below.
Personal Information You Provide Directly to Us
We collect personal information directly from you, including when you engage in any of the activities listed below:
- Place an order from our Sites;
- Make a purchase at one of our Stores;
- Return an item or make an exchange from a previous purchase;
- Inquire about our products or services;
- Contact us to request assistance;
- Create an online account and profile;
- Subscribe to receive our emails or text messages;
- Enter a contest or sweepstakes;
- Participate in a marketing survey, promotion, or event; and
- Interact with us on social media, including by posting content and tagging us.
The types of personal information we collect directly from you may include your contact information (such as name, postal address, telephone number, and email address); social media handle; date of birth, engagement date, and anniversary date; login credentials for the Sites; purchase and transaction information (including serial numbers for timepiece registration); jewelry size information; marketing preferences; age or age range; gender; and any other information you choose to provide.
If you make a purchase from us, we work with third-party payment processors and financing partners to collect and process your payment information.
The provision of your personal information is voluntary. However, if you do not provide us with your personal information, we may not be able to provide you with our goods and services, fulfill your requests, or respond to your inquiries.
Personal Information We Collect by Automated Means
When you access and use our Sites, shop in our Stores, or otherwise interact with us, we may automatically collect certain information, including:
- Transaction Information: When you make a purchase or return, we collect information about your transaction, including products or services you purchased, returned, or are considering purchasing from us, the purchase price, and the date and location of the transaction.
- Information Collected via Cookies, Web beacons, and Other Tracking Technologies: We (and those that perform work for us) use cookies, web beacons, and other tracking technologies to collect information about your browsing behavior, purchase behavior, and other engagement with our Sites. Cookies are small data files stored on your hard drive or in device memory that help us improve our Sites and your experience, see which areas and features of our Sites are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Sites and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness. See the “Targeted Advertising and Analytics” and “Cookies and Similar Tracking Technologies” sections below for further information.
- Devices and Usage Information: We collect information about how you access and use our Sites, including your device type, operating system type, browser type, domain, other system settings and unique device identifiers, as well as the language your system uses and the country and time zone where your device is located. The web server logs may also record information such as the routes by which you access our Sites and the IP address of the device you use to connect to the Internet. They may also log information about your interaction with the Sites, such as which pages you visited, items placed in your shopping cart, your access times, and your use of any hyperlinks available within our Sites. We may also use session replay technology to capture information concerning your interaction with our Sites, including keystrokes, mouse movements, and form field entries.
- Audio, Video, and Image Recordings, Customer Support, and Chat Conversations: We collect video recordings and images in our Stores for security, fraud, and loss prevention purposes. We also capture audio and video recordings during audio and video conference calls with you. If you contact customer support through our chat feature, we may monitor and retain the chat conversation, including for training purposes. Please do not participate in audio or video conference calls or use the chat feature if you do not consent to our monitoring and retention of calls or chat conversations with you.
Personal Information We Collect from Other Sources
We may collect personal information about you from other sources. For example, we may collect personal information about you from other customers who provide information about you, such as to send you a gift; marketing and advertising companies, such as data co-ops, mailing list providers, and market research companies; fraud prevention providers; and shipping and fulfilment partners. This information includes your name, email address, phone number, postal address.
Personal Information We Derive
We may derive information or draw inferences about you based on the information we collect. For example, we may infer your approximate location based on your IP address or that you are interested in purchasing certain products based on your browsing behavior on our Sites.
USE OF PERSONAL INFORMATION
We use the personal information we collect to provide, maintain and improve our Sites, products and services. We also use personal information to:
- create and manage your account;
- process your payment and fulfil your order;
- communicate with you about special events, programs, offers/promotions, product/service offerings, surveys, market research, and other information offered by Brosway Italia that we think will interest you, unless you have opted out of such
- communications (see “Opting Out of Marketing Communications” for more information);
- respond to your inquiries, comments, and requests and provide customer service;
- administer and fulfill our contests, sweepstakes, and other promotions and deliver rewards;
- identify, report, and repair errors that impair the functionality of our Sites;
- analyze trends and statistics, learn more about your shopping preferences and your interactions with our Sites, and improve your shopping experience;
- operate, evaluate and improve our business (including developing new products and services; enhancing and improving our products and services; and performing accounting, auditing and other internal functions);
- protect against, identify and prevent security incidents, fraud, and other malicious, deceptive, or unlawful activity, claims and other liabilities;
- personalize and improve the Sites and provide content or features that match your profile and interests;
- target advertisements to you on third-party platforms and websites, unless you have opted out of such targeted advertising (see “Targeted Advertising and Analytics” for more information); and
- comply with our applicable legal and financial obligations.
TARGETED ADVERTISING AND ANALYTICS
We engage others to provide analytics services, serve advertisements, and perform related services across the web and in mobile apps. These entities use cookies, web beacons, SDKs, device identifiers and other technologies to collect information about your use of the Sites and other websites and applications, including your IP address and other identifiers, web browser and mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information is used to deliver advertising targeted to your interests on the sites or mobile apps of other companies and to analyze and track data, including to understand how our ads perform, determine the popularity of certain content, and better understand your online activity. Upon your initial interaction with the Sites, you can turn off cookies used for ad targeting purposes by following the instructions on the screen.
In addition, some of our advertising partners enable us to translate your email address or phone number into an identifier that can’t be used to identify you personally. Our advertising partners then use that unique identifier to show ads that are more relevant to you across the web and in mobile apps.
Some of the activities described in this section may constitute “targeted advertising,” “sharing,” or “selling” under certain state privacy laws. See “Individuals in California, Colorado, Connecticut, Utah and Virginia” for more information and the privacy rights available to residents of those states.
DISCLOSURES OF PERSONAL INFORMATION
In certain circumstances, we may disclose the personal information that we collect about you. We disclose the categories of personal information described in the “Collection of Personal Information” section above in accordance with the following:
- Vendors and Service Providers: We make personal information available to our vendors, service providers, and contractors who perform services on our behalf, such as companies that assist us with customer service, content personalization, analytics, advertising and marketing, surveys, payment processing, fraud prevention, shipping and delivery, gift card and merchandise credit processing and fulfilment, and web hosting.
- Corporate Affiliates: We disclose certain personal information to our corporate affiliates for the purposes described in this Privacy Policy.
- For Marketing Purposes: We disclose personal information to third parties, for their own marketing purposes and to expand the reach and effectiveness of our own marketing campaigns. If you prefer to opt out of having your information disclosed in this way, see the “Your Privacy Choices” section below.
- Law Enforcement Authorities and Individuals Involved in Legal Proceedings: We disclose personal information in response to a request for information if we believe that disclosure is in accordance with, or required by, any applicable law, regulation, or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
- Corporate Transactions: We disclose or transfer personal information in the event of, or during negotiations of, any purchase, sale, lease, merger, amalgamation, or transfer of all or a portion of our business or assets, including in the event of any acquisition, reorganization, dissolution, securitization, financing, or liquidation.
- Professional Advisors: We disclose personal information to our legal, financial, insurance, and other advisors in connection with the kinds of corporate transactions described above or in connection with the management of Brosway Italia’s business or operations.
- Consent: We disclose personal information when we have your consent or you intentionally direct us to do so. For example, if you tag us on social media, we may seek your permission to repost your content, which may include your username and image, along with the content of your original post.
We also disclose aggregated or de-identified information that cannot reasonably be used to identify you. Brosway Italia processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.
DATA RETENTION
Our retention periods for personal information are based on business needs and legal requirements. We retain personal information for as long as is necessary for the processing purpose(s) for which we originally collected it and for other legal and business purposes described in this Privacy Policy. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired. In addition, we retain your email address and information about your marketing preferences to ensure that we can honor those preferences.
YOUR PRIVACY CHOICES
Updating Your Account Information
You can review and modify certain account information at any time by logging into your online account. You can also update your account information by contacting customer service at customerservice-usa@brosway.com.
Cookies and Similar Tracking Technologies
As described above, Brosway Italia uses cookies and similar tracking technologies for various purposes, including to analyze visits to our Sites and deliver targeted advertising on the websites or mobile apps of other companies. In addition, most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Sites.
Opting Out of Marketing Communications
You may opt out of receiving promotional emails or text messages from Brosway Italia by following the instructions in those communications or by clicking the unsubscribe link provided at the bottom of any Brosway Italia promotional email. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
Opting Out of Marketing Databases
You have the option to prevent disclosure of your information in connection with a marketing database. Accordingly, you may object at any time free of charge to the use of your personal information in connection with a marketing database or withdraw any consent you previously provided to us and we will apply your preferences going forward. This will not affect the lawfulness of our use of your information based on your consent before its withdrawal.
If you do not wish for your personal information to be used in connection with a marketing database for direct marketing purposes, or, where applicable, you wish to withdraw any consent you previously provided to us, you may ask us to opt out of this use by contacting us as described in the How to Contact Us section below.
DATA TRANSFERS
Brosway Italia is headquartered in the United States and we have operations and vendors in the United States and other countries. Therefore, we and those that perform work for us may transfer the personal information we collect about you through the Site to store or access it in countries other than the country in which the information originally was collected, including to the United States. Those countries may not have the equivalent data protection laws as those of your home jurisdiction. Where required by law, we provide adequate protection for the transfer of personal data in accordance with applicable law; Brosway Italia will implement appropriate safeguards in relation to those data transfers. To obtain a copy of the appropriate safeguards Brosway Italia has implemented, please contact customercareservice-usa@brosway.com.
JOINT COLLECTION OF INFORMATION FOR SHIPMENTS OUTSIDE THE UNITED STATES
If you are making a purchase on our website that will be shipped outside of the United States, such purchase is made through a separate company, Global-e, rather than Brosway Italia. When you purchase through Global-e, the information you provide and other transaction information is received by both Global-e and Brosway Italia (except for payment information, which is processed exclusively by Global-e or its payment processors). Brosway Italia will handle the information it receives in accordance with this Privacy Policy. Global-e and its payment processor will handle the information they receive in accordance with Global-e’s (or the payment processor’s) privacy policy. If you have questions about how Global-e collects, uses, and discloses your personal information, please contact Global-e or review its privacy policy.
LINKS TO OTHER WEBSITES
Our Sites may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we strongly suggest you review. To the extent any linked websites are not owned or controlled by us, we are not responsible for the content on those websites, any use of those websites, or the privacy practices of those websites.
UPDATES TO OUR PRIVACY POLICY
This Privacy Policy may be updated periodically. If we make changes to this Privacy Policy, we will notify you by revising the date at the top of this Privacy Policy. If we make any material changes to this Privacy Policy, we will post a prominent notice on our Sites to notify you and/or provide you with additional notice, such as sending you a notification. We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.
HOW TO CONTACT US
If you have any questions or comments about this Privacy Policy or our privacy practices, would like to exercise your privacy rights, or would like us to update information we have about you or your preferences, please contact Customer Care by email at customerservice-usa@Brosway.com. You also may write to:
Brosway Italia
Bros Usa Corporation
1200 Brickell Ave, Suite 310
Miami, FL, 33131
ADDITIONAL INFORMATION FOR SPECIFIC JURISDICTIONS
Individuals in California, Colorado, Connecticut, Utah and Virginia
California, Colorado, Connecticut, Utah, and Virginia have enacted consumer privacy laws that grant their residents certain rights and require additional disclosures (collectively, “State Laws”). If you are a resident of one of these states, this section applies to you.
Our Privacy Policy explains how we collect, use, and disclose information about you, as well as our targeted advertising and analytics practices. As required by certain State Laws, below we use two different tables to explain this same information, including the categories of personal information we collect (and have collected over the preceding 12 months), the types of entities to which we disclose such information, and the ways we use each category of information.
Collection, Use, and Disclosure of Personal Information for Business Purposes
|
Categories of Personal Information |
Categories of Recipients |
Use of Personal Information |
|
Identifiers (such as your name, email address, postal address, phone number, social media handle, or IP address) |
Advertising and marketing partners, Internet service providers, data analytics providers, operating systems and platforms, payment processors, shipping and fulfillment partners, repair partners, customer support partners, event partners, fraud prevention partners, cloud service providers, corporate affiliates |
|
|
Characteristics of protected classifications under California or U.S. law (such as your age range, gender) |
Advertising and marketing partners, data analytics providers |
|
|
Commercial information (such as records of products or services purchased and returned, products viewed or placed in your shopping cart) |
Advertising and marketing partners, data analytics providers, operating systems and platforms, payment processors, shipping and fulfillment partners, repair partners, customer support partners, fraud prevention partners, cloud service providers |
|
|
Internet and electronic network activity information (such as information from cookies, browsing history, and search history) |
Advertising and marketing partners, Internet service providers, data analytics providers, operating systems and platforms, payment processors, cloud service providers, fraud prevention partners |
|
|
Approximate geolocation data (such as your city of residence, approximate location from your IP address) |
Cloud service providers, advertising and marketing partners, data analytics providers, payment processors, fraud prevention partners |
|
|
Audio and visual information (such as call recordings when you contact customer service and CCTV footage from our Stores) |
Fraud prevention partners, customer support partners, cloud service providers |
|
|
Inferences |
Advertising and marketing partners, data analytics providers, cloud service providers |
|
|
Other personal information that relates to or is reasonably capable of being associated with you (such as jewelry size information) |
Other users of our services, customer support partners, repair partners, data analytics providers, fulfillment providers, cloud service providers |
Personal Information that we “Share,” “Sell,” or use for “Targeted Advertising”
We disclose the following categories of personal information to third parties for the purpose of engaging in targeted advertising and other marketing activities, including to expand the reach and effectiveness of our own marketing campaigns and for the third parties’ own marketing purposes. These disclosures may be considered “sales” or “sharing” or use of personal information for “targeted advertising” under certain State Laws.
|
Categories of Personal Information “Shared,” “Sold,” or Used for Targeted Advertising |
Categories of Third Parties |
|
Identifiers |
Advertising and marketing partners |
|
Commercial information |
Advertising and marketing partners |
|
Internet and electronic network activity information (including information from cookies) |
Advertising and marketing partners |
Other Details About Our Information Practices
- We collect personal information directly from you (for example, when you place an order from our Sites or make a purchase at one of our Stores), automatically when you access or use our Sites or shop in our Stores, and from third-party sources such as joint marketing partners, each described in more detail in the “Collection of Personal Information” section above.
- We do not knowingly collect, sell, or share personal information about consumers under the age of 16.
- We generally do not collect information that is considered “sensitive” under State Laws. In the limited circumstances that we do, such as collection of your account username and password, which is designated as “sensitive” under the California
- Consumer Privacy Act, we do not use or disclose such sensitive personal information for the purpose of inferring characteristics about you.
- We retain personal information for as long as necessary to carry out the purposes for which we originally collected it and for other purposes described in this Privacy Policy. See the “Data Retention” section above for more information about our retention practices.
Your Privacy Rights
Access, Correction, and Deletion Rights
You have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request correction of inaccurate personal information, and (3) request deletion of your personal information.
To exercise the access, correction, and deletion rights described above, please submit a verifiable consumer request to us by either:
- emailing us at customerservice-usa@brosway.com
Opt Out of Sales, Sharing, Targeted Advertising
Some of the activities described in the “Targeted Advertising and Analytics” section above may be considered “sales” or “sharing” of your personal information or use of your information for “targeted advertising” under the law that applies to you. You have the right to opt out of such “sales” or “sharing” or “targeted advertising.” You may exercise this right by following the instructions on the screen upon your initial visit.
In addition to cookie-based ad targeting, we may disclose information about your purchases and contact information (such as email and mailing address) to our affiliates, advertising partners, and other third parties for marketing and advertising purposes, which may constitute “sales” or “sharing” of your personal information or use of your information for “targeted advertising.”
Appeals
If we deny your request, you may appeal our decision by contacting us at customerservice-usa@brosway.com. If you have concerns about the result of an appeal, you may contact the attorney general in the state where you reside.
Authorized Agents
If you are from California, Colorado, or Connecticut, you, or a person you have designated in writing as your authorized agent (“Authorized Agent”) may make a consumer rights request.
If you wish to have an Authorized Agent make a request on your behalf, we may ask them to provide us with written proof that you have designated them as your Authorized Agent (such as a valid power of attorney or proof that you have provided signed permission for the Authorized Agent to make the request) and we may require you to provide information to allow us to reasonably verify that you are the person about whom we collected personal information.
Non-Discrimination
We will not discriminate against you for exercising any of your privacy rights.
Shine the Light Law – California Residents Only
California’s “Shine the Light” law requires certain businesses to respond to requests from California customers who ask about the business’s practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt out of such disclosures. We have such a policy. If you want to opt out of these disclosures of your information, please contact us as described in the How to Contact Us section below.
Individuals in Canada
If you are a resident of Canada, this section applies to you.
Your Rights
You may exercise your rights to access and correct the personal information we hold about you by contacting us at customerservice-usa@brosway.com. By submitting personal information to us or our service providers, you consent to the collection, use, disclosure, and transfer of your personal information in accordance with this Privacy Policy and as permitted or required by law.
You may withdraw your consent at any time by contacting us at customerservice-usa@brosway.com. If you withdraw your consent (or if you decide not to provide certain personal information), you acknowledge that we may not be able to provide you with certain products, services, or information.
Individuals in Europe
If you are located in the European Economic Area (the “EEA”), the United Kingdom (“UK”), or Switzerland, the following specific provisions apply to our processing of your personal information.
Legal Basis for Processing
When we process your personal data as described above, we do so in reliance on the following lawful bases:
- To perform our responsibilities under our contract with you (e.g., processing payments for and providing the products and services you requested).
- When we have a legitimate interest in processing your personal data to operate our business or protect our interests (e.g., to provide, maintain, and improve our products and services, conduct data analytics, and communicate with you).
- To comply with our legal obligations (e.g., to maintain a record of your consents and track those who have opted out of marketing communications).
- When we have your consent to do so (e.g., when you opt in to receive marketing communications from us). When consent is the legal basis for our processing your personal data, you may withdraw such consent at any time.
Data Subject Requests
You may have the right to access your personal information, to have your information rectified or deleted, and to restrict or object to the processing of your personal information. You may also have the right to receive, in a structured, commonly-used and machine-readable format, the personal information that you have provided to us about you, with your consent or based on a contract to which you are a party. You have the right to have this information transmitted to another company, where it is technically feasible. To exercise your rights, please contact us by email at customerservice-usa@brosway.com or write to us at:
Brosway Italia
(Bros Usa Corporation
1200 Brickell Ave, Suite 310
Miami, FL, 33131
Individuals in the People’s Republic of China
If you are a resident of China, in addition to the relevant sections of this Privacy Policy, the following China-specific provisions apply to our processing of your personal information:
How We Use Your Personal Information
We may process your personal information using automated processing methods to:
- Communicate with you about, and administer your participation in, special events, programs, product introductions, offers and special promotions, surveys and market research; and
- Develop mailing lists to facilitate our communications with you, and send you emails from time to time that contain commercial advertising.
By providing your personal information to us, you consent to our use of your information for the purposes listed in (1) our Privacy Policy and (2) this Addendum.
How We Disclose the Information We Collect
We disclose your personal information in accordance with the “Disclosures of Personal Information” section above.
Individuals in Hong Kong
If you are a resident of Hong Kong, in addition to the relevant sections of this Privacy Policy, the following Hong Kong-specific provisions apply to our processing of your personal information for direct marketing purposes:
- We intend to use your name and contact information to send you marketing and promotional materials about our products and services, and your consent is required in order for us to do so.
- We also intend to share your name and contact information with our third-party vendors and our affiliates who provide services to better market products and services to you, and your written consent is required in order to do so