In particular, DIESEL is the sole, independent data controller of personal User information related to general and profiled marketing activities of store.diesel.com.
The management of the sale of the products and the transactions performed on store.diesel.com, within the United States of America are operated, under license, by YOOX S.p.A.’ s subsidiary YOOX Corporation, a Delaware corporation having an address at 148 Lafayette Street, 10th Floor, New York, New York 10013 ("YOOX USA", YOOX S.p.A. and YOOX USA also jointly referred to as YOOX).
YOOX USA is the controller of personal data of users and customers of the Site within the United States of America, which is collected for conducting, concluding and performing transactions for purchasing products on the aforementioned site. As controller of personal data, YOOX USA independently determines the purposes and means by which your personal data are processed, including all security measures. As required by the Italian Data Protection Code, YOOX USA has appointed YOOX S.p.A. as its data protection representative in Italy. As our data protection representative in Italy, YOOX S.p.A.independently ensures that personal data are processed in Italy in a correct and lawful manner and in accordance with good practice. Since personal data of users and customers collected for conducting, concluding and performing purchase transactions through the store.diesel.com in the United States of America may be processed in Italy, any such processing of personal data will be conducted in compliance with applicable US law as well as the Italian Data Protection Code (Legislative Decree no. 196 dated June 30, 2003).
1. Our policy
2. Who processes your Personal Data, how and for what purposes
YOOX – pursuant to US applicable Laws and the Italian Legislative Decree 196 dated 30 June 2003 (Privacy Code) – is the data controller of storeDIESEL.com Users’ Personal Data, which is collected for managing, concluding and performing transactions for purchasing products on the aforementioned site ("Commercial Purposes"); YOOX determines the purposes and means of processing data and the instruments used, including those for security measures. For organisational and operational purposes only, YOOX has appointed certain entities that will also process Personal Data for purposes strictly connected and related to the performance of services on storeDIESEL.com, including the sale of products. The above mentioned processors have been chosen because of their experience in processing Personal Data and they provide sufficient guarantees regarding compliance with data processing laws (including the technical security measures governing the processing to be carried out). In processing the Personal Data, the processors shall act only on instructions from YOOX. We regularly check that our processors comply with our instructions and that they continue to provide sufficient guarantees regarding their full compliance with the provisions on Personal Data processing.
At the moment, some of the processors of your Personal Data appointed by YOOX are:
• United Parcel Service, for processing the data needed for shipping, delivering and returning products purchased on store.diesel.com;
• BT Italia S.p.A., for purposes related to the management and maintenance of YOOX servers;
To receive a complete up-to-date list of all processors please write to: firstname.lastname@example.org.
DIESEL, pursuant to Legislative Decree No. 196 of 30 June 2003 (Privacy Code) - is the Data Controller for the Personal Data of Users of DIESEL.com (“Personal Data”) for purposes of direct and profiled marketing activities, and upon receiving consent, and uses the Personal Data for purposes of sending a newsletter related to DIESEL and general promotional messages and/or messages that have been personalised according to the User's consumer behaviour. For marketing activities, DIESEL also sometimes uses third party companies who work as data processors; these processors also include Yoox, which provides management services for DIESEL's Online Store.
The Personal Data will be processed in the respective areas of competence by the processing staff that has been specifically selected by YOOX and DIESEL. In these cases, the user's Personal Data will be processed only by the processors that have been duly authorised and verified by YOOX and DIESEL, in order to prevent unauthorised access to data and illegal processing by third parties.
The persons responsible for data processing are listed in the notice provided to the user.
In particular, in pursuit of the Commercial Purposes, and pursuant to the procedures for purchasing products on store.diesel.com, YOOX collects Personal Data (such as personal details, e-mail address, postal address, credit card numbers, bank account details and telephone number) on your order form for the sale of products on store.diesel.com.
Personal Data is mostly processed by electronic means and in some circumstances by paper-based means, such as when the processing of Personal Data is required for preventing fraud on store.diesel.com. Your Personal Data shall be stored in a way which allows YOOX to identify you for the period necessary for the purposes which the data was collected for and subsequently processed and, in any case, in accordance with applicable law. In order to ensure that your Personal Data is always correct and up-to-date, relevant and complete, we would ask you to report any modification thereof to the following email address: email@example.com. Your Personal Data shall not be disclosed to third parties for purposes which are not permitted by law or without your explicit consent. Aside from the companies appointed for Personal Data processing, your Personal Data will be made available also to third parties, autonomous controllers, for purposes related to supplying services requested by user (for example, for purchase transactions) or for purposes of third parties, in this case only upon specific consent of Users. For more information on the matter, see section 4 (To Whom Your Personal Data Will Be Disclosed). You may, at any time, obtain an up-to-date list of the data processors by writing to the following email address: firstname.lastname@example.org.
Moreover, your Personal Data may be disclosed to the police or to judicial authorities, according to the law and upon formal request by such entities, for example within the scope of anti-fraud services on store.diesel.com.
Data processors will also have access to your Personal Data as stated in section 2 for the specific purposes stated therein. Your Personal Data will not be transferred abroad to non-EU countries that do not ensure an adequate level of protection of individuals. In the event this becomes necessary for performing the Commercial Purposes, we assure you that Personal Data will only be sent to non-EU Countries that do not provide adequate levels of protection upon YOOX and said parties entering into specific contracts, in reference to the Commercial Purposes, or upon contracts being signed between DIESEL and said parties that relate to the marketing purposes of store.diesel.com or DIESEL, which contain clauses safeguarding the protection of Personal Data, in conformity with the applicable laws and regulations.
YOOX may have access to third parties' Personal Data, which was directly disclosed to them by Users, for example when a User has bought a product to be sent to a friend, when the User paying for the product is different from the recipient of the product, or when a User wishes to recommend a service or product on sale on store.diesel.com to a friend.
3. What happens if you do not disclose your Personal Data to YOOX and DIESEL
Granting your Personal Data to YOOX (in particular, your personal details, your e-mail address, your postal address, your credit/debit card numbers, and bank account details and your telephone number) is necessary for pursuing the Commercial Purposes.
The refusal to provide YOOX with some of the Personal Data needed for performing the above purposes could consequently prevent YOOX from processing your order of products on store.diesel.com or from correctly fulfilling obligations required by law and other regulations. Failing to provide Personal Data may constitute, in some cases, a legitimate and justified reason for not processing your order for the purchase of products sold on store.diesel.com.
Disclosure of further Personal Data to YOOX other than that required for fulfilling legal or contractual obligations is, on the contrary, optional and does not have any effect on the purchase of products on store.diesel.com.
Providing your Personal Data to DIESEL is always optional and related to the process of registering for reserved areas of the site, and a failure to provide such data or consent to marketing does not entail any consequence for the purchase process except that it will be impossible to finalise the registration, and therefore to use services such as fast check-out, wish list, the newsletter, general or personalised offers, or have access the reserved promotional areas. We will periodically inform you whether disclosing your Personal Data to YOOX and DIESEL is compulsory or optional, as well as of any consequences for not disclosing such data. We will point out to you whether the disclosure of your Personal Data is compulsory or optional by marking with an appropriate symbol (*) the information that is compulsory, or the specific Personal Data needed to purchase products on store.diesel.com.
Failing to provide optional Personal Data will not imply any obligation or disadvantage to our users.
4. To whom your Personal Data will be disclosed
Personal Data may be disclosed to third party companies that provide, on behalf of YOOX and DIESEL, specific services as Data Processors or to other third parties - whose names will be specified from time to time, that autonomously process your Personal Data only as concerns the purchase of products on store.diesel.com (for example, Global Collect, Newtek, for performing remote electronic payment services, by credit/debit card, whenever you decide to buy a product on store.diesel.com) and only when such purpose does not exceed the purposes for which your Personal Data was collected and subsequently processed and, in any case, according to applicable laws and regulations. Personal Data will not be disclosed to third parties or disseminated or transferred without informing our users of such disclosure/dissemination/transfer, without their consent and, in any case, in accordance with the law.
5. How we collect Personal Data on store.diesel.com
YOOX and DIESEL directly collect Personal Data and other information from Users when they send purchase orders for products sold on the Site in order to finalise e-commerce transactions, and when they fill in user registration forms on the DIESEL.com site, for marketing purposes of DIESEL. YOOX and DIESEL will process such data for the purposes and within the limits of what is stated to the User in the section regarding data collection.
6. Security Measures
For the best possible protection of your Personal Data outside the limits of YOOX and DIESEL'’s control and management of the same, it is advisable that your computer be equipped with software devices that protect network data transmission/receipt (such as updated antivirus systems) and that your Internet service provider take appropriate measures for the security of network data transmission (such as, for example, firewalls and anti-spam filtering).
store.diesel.com uses automatic systems of Personal Data collection, such as cookies. A cookie is a device transmitted to the hard disk of an Internet user: it does not contain intelligible information but it allows linking between an Internet user and his/her personal information (such as, by way of example, User's IP address and other information about User's experience on the website and his/her preferences expressed while choosing services and purchasing products offered by the website) provided by the User on store.diesel.com. Cookies are disseminated by our servers, and no one may gain access to the information contained therein. The information and data are gathered directly and automatically by the web site. The information and data are then processed in a collective and anonymous way, for Commercial Purposes and in order to optimise store.diesel.com's services to the needs and preferences of its users. We have provided cookies in connection to functions such as selecting the country, browsing the catalogue, purchasing products online and in general in connection with the provision of services reserved to registered customers. As you may know, every Internet browser provides the option of deleting cookies after each session. Your Internet browser contains instructions on these deletion procedures. Please access the information on your Internet browser if you wish to delete cookies.
8. Compulsory processing
We wish to inform you that YOOX and DIESEL may process your Personal Data even without your consent under certain circumstances provided by law.
9. Your right to access Personal Data and further rights
You are entitled to obtain at any time from YOOX and DIESEL:
a. the updating, adjustment or, where applicable, the integration of your personal data;
b. the deletion, transformation into an anonymous form or blocking of your personal data (unlawfully processed), including data which does not need to be stored for the purposes for which it was collected and subsequently processed;
c. the confirmation that the operations under letters a) and b) have been reported (together with the contents of the same) to whom the data was disclosed or disseminated, except when it becomes impossible or if the means used are clearly disproportionate to the right’s protection.
You are, nevertheless, entitled to object, in whole or in part:
• for legitimate reasons, to the processing of your personal data, even if it is related to the purposes for which it was collected;
• to the processing of your personal data for advertising or direct marketing purposes, or in order to carry out market research or commercial communications from store.diesel.com. You may freely exercise your rights at any time, provided that you do so in compliance with applicable laws, by sending your request to YOOX and DIESEL at the following e-mail address: email@example.com. We will reply to you as necessary.
Concerning the processing of their Personal Data for marketing and promotion purposes of DIESEL, Users may exercise their rights under article 7 of Legislative Decree No. 196/2003 at any time, and obtain a list of processors and third parties involved in data processing by sending an email to firstname.lastname@example.org or writing to the postal address of DIESEL, Via dell’Industria 4-6, 36042 Breganze (VI), Italy
Lastly, Users that would like to remove their information from the DIESEL promotional database and who no longer want to receive marketing communications from the Site may send a specific request using one of the following procedures:
1) following the cancellation instructions included at the bottom of every e-mail message.
2) sending an e-mail to email@example.com, including this specific request.
10. Links to other web sites
11. Contact information
If you wish to receive further information on how YOOX and DIESEL process your Personal Data, please send an e-mail to firstname.lastname@example.org: Should you require any further information on your rights and on personal data protection law you can contact the personal data protection authority at the following address: www.garanteprivacy.it.
12. Applicable law