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Disclaimer

Totême does not guarantee that all items included in the Totême webshop are in stock at the time of your order. In the event that an item is unavailable, Totême will contact you shortly by phone or by email. Totême cannot promise that the content of the site is free of inaccuracies or typographical errors at all times. Neither can we guarantee that all information is up to date. Totême may, at any time, amend the content of the site. Although Totême strives to display the correct texts, images and pricing on the site and webshop, errors may occur. If you have been charged the wrong amount in the webshop, Totême will give you the option of placing a new order with the correct price or cancelling your order. Totême, however, reserves the right to cancel any order prior to dispatch should we find that the price is incorrect. In such case we will notify you by email. If we are unable to contact you, your order will be automatically cancelled. Part of the services mediated through the site are maintained by outside organizations. In situations where Totême acts as agent for such services, we cannot be held responsible for any errors resulting from their activities. Totême cannot be held responsible for any damage caused from using the site or, for that matter, not being able to use the site. Totême cannot guarantee problem-free, uninterrupted, and secure access to the site.

General Terms and Conditions

These terms apply to all users of the domain toteme-studio.com. Please read the Terms and Conditions carefully before placing any orders on www.toteme-studio.com. Due to Swedish legislations we only accept orders from those over 18 years old. If you are under 18 years old you must have permission from a parent or legal guardian. If you are under 16 years old you must let your parent or guardian accept Totêmes’s privacy policy before you register to use this site or any of this site’s services. Changes made after you have placed an order will not affect your order unless we are required to make the change by law. Totême reserves the right to revise these terms and conditions. Users are responsible for keeping themselves updated with such changes. If you do not agree to any changes of these Terms and Conditions, we kindly ask you to contact us immediately at shop@toteme-studio.com.

Copyright Permission Notice

Copyright in the documents provided on this site (including, without limitation, the trademarks of Totême, logos, graphics, text, photos, designs, logos, icons, images, data and software) are owned by or licensed to Totême. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use, provided this copyright permission notice is included in all such copies. You may not charge anyone for use of the material and you may not publish, duplicate or otherwise distribute the material to others without prior consent from Totême. You may not modify the material in any way, without the prior written permission of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion there of, shall be granted or implied. For press inquirers please email press@toteme-studio.com

Trademarks

Our trademark include the Totême name and logo. This trademark may be used or registered in more than one country and your use of this web site does not grant you any rights to use our trademarks.

Links

The site may contain links to other websites beyond our reach. We cannot be held liable for content or privacy policies of such sites.

Privacy Policy

1                   Introduction

Totême recognizes the importance of protecting the privacy of your personal data. We have instituted strict policies and security measures to protect the information you provide us.

The purpose of this privacy policy is for you, as a customer to learn how Totême handles your personal data and for you to be able to feel secure that the processing is being carried out in accordance with the General Data Protection Regulation and other applicable data protection law. The privacy policy also describes your rights vis-à-vis us and how you can enforce those rights. By purchasing or receiving our products/services, you confirm that you have read and understood the content of this privacy policy.

This privacy policy is aimed towards you as a customer belonging to one or more of the following categories:

  • Retail customers (customers in our stores)
  • Etail customers (customers that shop online)
  • Account holders (customers with a registered account on our website)
  • Newsletter subscribers

2                   Who is responsible for the processing of your personal data?

The Swedish company Totême AB, reg. No. 556951-0182 (“Totême” “We” “Us“), is the controller of your personal data. Totême affiliated companies (including other companies within the Totême group, joint ventures, franchisees and licensees) and selected suppliers may process your personal data on Totême’s behalf and in accordance with Totême’s instructions as stated below and are thereby processors of your personal data.

You may contact Totême at any time, please find our contact details below.

 

Mail address: Tegnérgatan 37A, 111 61 Stockholm

Visiting address: Tegnérgatan 37A, 111 61 Stockholm

Phone: +46 8 20 38 20

E-mail: shop@toteme-studio.com

 

3                   Categories of data processed, purpose and legal basis for processing

3.1               General

Below is a summary of the categories of data that we process, the purposes of processing the data and on what legal basis we are processing your data.

3.2               Retail Customers

If you make a purchase in one of our physical stores we may process your name, email, and purchase history to provide customer service, process returns and give customer advice on any products you have bought [and send electronic receipts to you]. We will only collect the information if this is accepted by you. The legal basis for the processing is a balance of interests where our legitimate interest is to be able to provide customer service and facilitate the administration of returns, exchanges and complaints.

Your contact details may also be processed for direct marketing purposes, namely to keep you informed via e-mail or other messenger services of our products, special events or promotions. The legal basis for the processing is a balance of interests where our legitimate interest is to market our products to existing customers.

3.3               Etail Customers

When you purchase a product online your name, email, phone number, shipping address and billing address (including street name, zip code, city and country) are used to process your order. The data is also processed so that Totême can process any returns, exchanges, and complaints as well as communicating with you regarding any questions or comments you may have regarding the product(s). The phone number is collected so that we can send a text message to you when the product(s) have arrived at your pick-up place. The legal basis for the processing is that it is necessary in order for Totême to fulfil its contractual obligations towards you.

You purchase history is also stored so that Totême can process any returns, exchanges, and complaints as well as communicating with you regarding any questions or comments you may have regarding the product(s). The legal basis for the processing is a balancing of interests where Totême’s legitimate interest is to facilitate the administration of returns, exchanges and complaints.

Information regarding returns is also stored for accounting purposes. This storing is based on a legal obligation.

Your contact details may also be processed for direct marketing purposes, namely to keep you informed via e-mail or other messenger services of products, special events or promotions. The legal basis for the processing is a balance of interests where our legitimate interest is to market our products to existing customers.

Payments made for purchases on Totême’s website are processed by a third-party payment service and such third party is the controller of the credit card information and other information relating to the payment. Totême does not collect or store any payment information.

3.4               Account Holders

You may sign up to be an Account Holder by subscribing to the services offered by Totême to Account Holders. Signing up as an Account Holder is completely voluntary and is not a requirement for purchasing Totême’s goods. When you subscribe to become an Account Holder, you will enter into an agreement with Totême.

When you sign up to be an Account Holder, Totême collects your name and email to create and administer your account. Furthermore, your phone number and address (including street name, zip code, city and country) is collected and stored to make future purchases quicker and to provide you with relevant information regarding our products. Purchase history is stored to provide you with the possibility to review your purchases and returns and for us to send relevant information to you.

The legal basis for the processing of your data as an Account Holder is that it is necessary to fulfil a contractual obligation namely a service which includes (i) smoother order placements once you purchase a product online (ii) allowing you to access and review previous purchases and returns and (iii) access to relevant information regarding Totême’s products.

Direct marketing or information may be sent to you as a member for as long as you remain a member. However, if your account has been inactive for three (3) years a request will be sent to you asking if you want to remain a member, if no confirmation is received Totême will cease sending direct marketing.

 

3.5               Newsletter subscribers

If you have subscribed to our newsletters, we will use your email to send out the newsletter. Your IP-address will also be collected in order to send marketing based on geographic location, such as country or city. The legal basis for this processing is that it is necessary to fulfil a contractual obligation, namely the providing of the newsletter. The newsletter will be sent to you until you unsubscribe to the service.

Direct marketing, other than the newsletter itself can be sent to newsletter subscribers on the same basis as Etail and Retail customers who are not Account Holders.

3.6               Anonymized data

It can be noted that we may also use anonymized data for statistical purposes.

4                   Does Totême share your information with others?

Totême does not sell or rent our customers’ personal data to any other entity.

We may share your data with affiliated companies including other companies within the Totême group, joint ventures, franchisees and licensees. If you have subscribed as an Account Holder with Totême, we may combine your data provided to us with data that you have provided to such affiliated companies, for the purpose of improving our services to you, and to enhance your shopping experience when visiting a Totême store in another country than your residence. The legal basis for the processing is that it is necessary for Totême’s performance of the services to Account Holders.

Totême may also share your data with selected suppliers who perform functions on our behalf such as fulfilling orders and delivery of orders, processing payments, carrying out promotional services or data management, to maintain our website, to distribute emails, to send out our newsletter, to provide client communications and to manage our customer database. As necessary, the personal data you provide to us may be processed by these third parties, solely on Totême’s behalf and in accordance with Totême’s instructions as data processors. We do not authorize any of our suppliers to make any other use of your personal data.

If Totême and/or its subsidiaries are subject to an actual or potential merger or acquisition or similar transaction, we may share your data with potential and actual buyer(s) and their financial and legal advisers, subject to such third parties undertaking appropriate confidentiality.

Totême may also disclose your personal data to a public authority where Totême is obligated to do so by law. In the event all or part of Totême’s operations are sold, Totême may transfer your personal data to a potential purchaser of the business.

5                   Transfer outside of the EU/EES

We may share your data with our selected suppliers, who may process your data in countries both inside and outside of the EU/EES when performing functions on our behalf as set out in section 4 above.

If you have subscribed as an Account Holder with Totême, we will share your contact details and information on previous purchases and shopping preferences with our affiliated companies both inside and outside of the EU/EEA (please see further under section 4).

Please note that countries outside of the EU/EEA may not provide an adequate level of protection for your personal data. Totême has however taken appropriate safeguards to ensure that the receiving parties of your data in countries outside of the EU/EEA shall provide an adequate protection of your data. Such safeguards may be that the receiving party has joined the Privacy Shield (if the receiving party is a company established in the United States) or that the receiving party has signed so called standard data protection clauses adopted by the EU Commission. Please contact us at shop@toteme-studio.com if you want further information on what safeguards have been taken and if you want a copy of such safeguards.

6                   How long do we keep your data?

6.1               General

Notwithstanding anything to the contrary herein, Totême reserves the right to keep and process your personal data in accordance with this policy to the extent necessary to perform our contractual obligations to you, and to the extent we are required to process your data by law or in order to defend ourselves in a dispute, to prevent fraud or abuse, or to enforce our Terms and Conditions.

6.2               Retail and Etail Customers

Your email may be saved for up to 12 months from the last purchase for direct marketing purposes, subject to your ongoing right to opt-out. Thereafter it shall be deleted.

Purchase history (i.e. name, contact information and purchase data) will be stored during the return and exchange period for the purpose of administrating returns and exchanges.

If you make a complaint Totême may save your data to the extent necessary to handle the complaint. Totême may also save the complaint information as such for the remaining period under which the customer is entitled to make a complaint in order to prevent a customer from filing two complaints and being compensated twice for the same defect.

The information regarding return for accounting purposes shall be stored as long as legally required by applicable law.

6.3               Account holder

If an account holder has not made any purchases or logged into their account during a consecutive period of 36 months Totême will contact the account holder and ask whether they wish to keep the account. Unless they confirm that they want to keep the account, the data in the account will be deleted unless we need to keep it for other purposes that are legally justifiable.

6.4               Newsletter subscribers

The information can be saved as long as you do not unsubscribe from the newsletter but no longer than three years from the subscription date, unless you confirm that you want to keep receiving the newsletter.

7                   Your DATA SUBJECT RIGHTS

In this section 7, we have summarized your data subject rights to request access, portability, rectification, erasure of your personal data, to restrict the processing of your personal data, to object to processing, and your right to lodge a complaint with the supervisory authority.

If you want to exercise your rights, please send us an email to shop@toteme-studio.com. Please note however that if you want to lodge a complaint with the supervisory authority, you need to contact the authority directly.

Right of access

You have the right to obtain confirmation of whether personal data concerning yourself are being processed and, where that is the case, access to the personal data and information regarding, inter alia, the purpose of processing, the categories of personal data concerned, the categories of recipients to whom your data have been or will be disclosed, and the envisaged period of time for which personal data will be stored (or the criteria for determining this).

Right of rectification

You have the right to request rectification of inaccurate personal data concerning yourself, and to complete incomplete data.

Right of erasure

Under certain circumstances you are entitled to request that we erase your personal data or restrict our processing of your data, namely in the following events:

  • When it is no longer necessary for us to process your data taking into consideration the purposes for which it was collected.
  • When our processing is based on your consent and you have withdrawn your consent, and there is no other legal basis for the processing of your data.
  • When our processing of your data is based on a legitimate interest legal basis and you object to such processing, and there is no overriding legitimate ground for our processing.
  • When you have objected to our processing of your data for direct marketing purposes.
  • When your personal data has been unlawfully processed.
  • When the personal data must be erased for compliance with a legal obligation that applies to us.
  • When the personal data collected concerns a child (under 13 years of age) in relation to the offer of information society services.

Right to objection – direct marketing and profiling

You have the right to object at any time to our processing of your personal data for direct marketing purposes, which includes profiling to the extent that it is related to such direct marketing. If you object to our processing of your personal data for direct marketing purposes, including profiling, we will cease such processing of your data.

Data portability

If our processing is based on your consent or if the processing is necessary for our performance of a contract with you, you have the right to request that the data which you have provided to us shall be provided to you in a structured, commonly used and machine-readable format and you also have the right to transmit such data to another controller.

Right to lodge a complaint with supervisory authority

Please note that if you consider the processing of your data to be in violation of applicable data protection laws, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence or the place of the alleged infringement (see http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm).

8                   How do I unsubscribe from TOTÊME’s newsletters and emails?

If you no longer wish to receive our newsletters or other emails, you can unsubscribe as indicated in the particular communication, i.e. by using the unsubscribe link which is included on all newsletters and other emails. You may also contact us at shop@toteme-studio.com.

9                   Is it mandatory to provide personal data?

Certain personal data is required to provide in order for you to access certain services. For example, to create an account on the website. The provision of mandatory data is necessary for Totême to be able to fulfil our contractual obligation to you, for example processing your order, or fulfilling the account services.

When you purchase our products in our physical stores, you do not have to provide any personal data.

10                Children’s privacy and legal purchase age

Totême does not wish to collect personal information from anyone under the age of sixteen (16). If you are under eighteen (18), we require that you inform and get your parents’ or guardians’ consent before purchasing anything or provide any personal data to us at www.toteme-studio.com or any other website related to Totême.

11                Cookies

We use cookies on our website. Please see our separate policy for cookies, which you can find on our website.

12                Modifications

Totême reserves the right to occasionally make changes to our privacy policy or practices. We will post the updated policy on our website, and thus we encourage you to review this page from time to time.

Last date for modification: 18 October, 2018

Resale Policy

You may purchase products on www.toteme-studio.com for personal use only and not for resale. By placing an order on www.toteme-studio.com you certify that you are purchasing products for you own personal use and not for resale and that you accept our general terms and conditions. We reserve the right to refuse orders for any reason without explanation.

Cookies

Cookies are used on the site to improve your browsing experience. In addition to use for statistical purposes, cookies identify your computer and allow the site to recall your personal settings. Your browser can be set to send a notification when a cookie is activated. This allows you to deny use of this cookie or to delete the cookie at the end of your visit. The webshop cannot be accessed if cookies are disabled.

Colors

We cannot guarantee that colors on the website will be true to life. This depends partly on the color settings of your computer and monitor.

Force Majeure

In case of Force Majeure, Totême’s obligations will be suspended. The contract between you and Totême can, in such cases, be partially or fully terminated by yourself or by Totême. A Force Majeure is in the event of war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events. Under such circumstances, Totême will attempt to resolve all issues in a timely manner.

Governing Law

These terms of use are compiled in accordance with Swedish law. The laws of your country may differ from Sweden. Users should comply with all applicable local and international laws and regulations regarding your use of our website.

Order Policy

We reserve the right to limit the quantities of Totême products that we supply, and/or refuse any order that is unusual pr placed in bad faith.

If you have any questions kindly call or email our customer service at +46 73 392 22 82 or shop@toteme-studio.com.