Since personal data of users and customers of this Site (collectively "Users") may be processed in Italy, any such processing of personal data will be conducted in compliance with the Italian Data Protection Code (Legislative Decree no. 196 dated June 30, 2003). Pursuant to the Italian Data Protection Code, YOOX NET-A-PORTER GROUP S.p.A. a Italian corporation having its registered offices at in via Morimondo, 17 – Milano 20143, Italy ("YOOX NET-A-PORTER GROUP") is the data controller of personal data processing regarding services for e-commerce and purchase of products. As used herein, the words "we", "us" or "our" refer solely to YOOX NET-A-PORTER GROUP.
1. Our Policy
Everyone has the right to the protection of his/her personal data.
YOOX NET-A-PORTER GROUP respects users' right to be informed about the collection and processing of their personal data.
As the controllers of personal data, YOOX NET-A-PORTER GROUP independently determines the purposes and means by which your personal data is processed, including all security measures. YOOX NET-A-PORTER GROUP independently ensures that personal data is processed in Italy in a correct and lawful manner and in accordance with good practice.
In processing data that can personally identify you, directly or indirectly, we apply the principle of strict necessity. For this reason, this Site has been designed in such a way that the use of your personal data will be minimal and will not exceed the original purpose for which your personal data was collected and/or processed. In particular, we do not disclose your identity when the purpose for which your personal data is being processed can be achieved by using anonymous aggregate information.
We do not sell products or services for purchase by children although we may sell children's products or services for purchase by adults. If you are under 18, you may use this Site only with the consent of a parent or guardian.
2. Who Processes Your Personal Data
For organizational and operational purposes only, YOOX NET-A-PORTER GROUP has appointed certain entities that will also process personal data of Users of this Site on the Data Controllers' behalf ("Data Processors"). Such purposes are strictly connected to the performance of services provided on this Site by YOOX NET-A-PORTER GROUP, including the sale of products. The above-mentioned Data Processors have been chosen by YOOX NET-A-PORTER GROUP because of their experience in processing personal data, their sufficient guarantees with respect to compliance with applicable laws and regulations, including the Italian Data Protection Code (Legislative Decree no. 196 of 30 June 2003) as well as the technical security measures adopted by them in connection with the processing of personal data. In processing personal data of Users of this Site, our Data Processors will act only in accordance with instructions provided by YOOX NET-A-PORTER GROUP. We regularly verify that our Data 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 of the Site. The following companies have been appointed by YOOX NET-A-PORTER GROUP to carry out operations connected with this Site:
- United Parcel Service, Inc., UPS Corporate Headquarters, 55 Glenlake Parkway, NE, Atlanta, GA 30328, United States (1-800-PICK-UPS) ("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 this Site;
- INet, Via Darwin 85, 20019 Settimo Milanese, Milano – Italy ("INet"). We provide INet, by electronic means, with personal data contained in registration or order forms for purposes relevant to the housing of our servers;
- Global Collect Services B.V., Planetenweg 43-59, 2132 HM Hoofddorp, The Netherland ("GCS"). We provide GCS with customers' personal bank information in order to perform customers' bank payment orders for the purchase of the products on this Site and to credit to them the price of products returned;
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 We Use Personal Data and for What Purposes
Your personal data is collected and processed by YOOX NET-A-PORTER GROUP for purposes which are strictly connected to the use of this Site, its services and the purchase of products on this 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 are executing purchasing procedures for products sold on this Site, including conclusion of an agreement for the purchase of products, we collect your personal data (for example, password, size, e-mail address, address for delivery, credit card numbers for payments and telephone numbers) on your order form only for the purpose of selling, picking and shipping the products ordered by you;
- when you request service assistance, we collect your personal data (for example, your first and last names, e-mail address) for purposes strictly necessary to provide you with Diesel Online Customer Service relevant to this Site and to the purchase of products on this Site;
- 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 and sharing your Wish List, we process your personal data in order to customize our services for the purchase of products on the Site;
- when you send us your e-mail address through to Choose Your Country page, we process your personal data in order to inform you about the up-coming opening of store.diesel.com in your country;
- when you recommend a product to a friend, we process personal data in order to send to your friend the requested information;
- when you save a shipping address, we process personal data in order to simplify the drawing up of your orders if done in the future.
YOOX NET-A-PORTER GROUP will process your personal data generally 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 is stored in a way which allows YOOX NET-A-PORTER GROUP to identify you for the period that is strictly necessary for the original purposes for which such personal data are collected and subsequently processed, except as specifically provided herein, 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 is always accurate and kept up-to-date.
We wish to inform you that YOOX NET-A-PORTER GROUP processes its Users' personal data for purposes that are strictly connected to the supply of services through this Site, the execution of contracts related to the sale and purchase of products on this Site.
YOOX NET-A-PORTER GROUP may have access to third parties' personal data which is directly disclosed by its Users to YOOX NET-A-PORTER GROUP, for instance when a User buys a product to be sent to a friend, when the user who pays the purchase price for such product is different from the recipient of such product, or when a User wishes to recommend to a friend a service provided through this Site or the sale of a particular product posted on this Site.
We may have access to your or third parties' sensitive data (i.e. personal data allowing the disclosure of racial or ethic origin, religious, philosophical, sex life, health) only in the case such data is directly disclosed by Users to YOOX NET-A-PORTER GROUP. Please remember that any disclosure of sensitive data is not necessary for the services offered through this Site and any sensitive data will be cancelled if found. In all cases involving the disclosure of sensitive data to us, you will be the only person liable in connection with the disclosure and any illegal use of them by third party.
You agree to indemnify, defend and hold YOOX NET-A-PORTER GROUP and its respective affiliates harmless from any liability, loss, claims and expenses, including reasonable attorneys' fees, arising from or related to any unauthorized disclosure of personally identifiable information of third parties or to any disclosure and use of your or third parties' sensitive data.
4. What Happens if You Do Not Disclose Your Personal Data to YOOX NET-A-PORTER GROUP and Only the Brave s.r.l.
Except as provided in the following section 4.2, the personal data we request you provide to us, including your e-mail address, your address, your credit/debit card numbers and your telephone number, is necessary for the processing of your order for the purchase of products on this Site to carry out obligations arising out of applicable laws and regulations or to supply other services provided through this Site upon your request.
Your refusal to provide certain personal data may prevent us from processing your order for the purchase of products sold on the Site or from providing other services through this Site such as Diesel Online Store Customer Service, use of the Wish List, or recommending a product to a friend.
Your failure to provide personal data may justify our refusal to process your order for the purchase of products sold or to provide one or more services through this Site.
The disclosure of personal data to us 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 your use of this Site and its services or on the purchase of products on this 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 result in any obligation or penalty to you.
The disclosure of sensitive data is never requested and always not allowed.
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 YOOX NET-A-PORTER GROUP or who autonomously process personal data collected by YOOX NET-A-PORTER GROUP in connection with the performance of a contract for the purchase of products on this Site. Any such disclosure will be conducted, in each instance, without exceeding the original purposes for which your personal data was 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 YOOX NET-A-PORTER GROUP.
In the event there is a change in the corporate structure of YOOX NET-A-PORTER GROUP including, without limitation, by merger, consolidation, sale, liquidation, or transfer of substantial assets, YOOX NET-A-PORTER GROUP may, in its sole discretion, transfer, sell or assign personal data collected on and through this Site, including, without limitation, personally identifiable information and aggregate information concerning Users, 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, except as provided herein.
6. Security Measures
Nevertheless, YOOX NET-A-PORTER GROUP cannot guarantee that the security measures adopted for the protection of this Site and the transmission of data and information through this 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).
YOOX NET-A-PORTER GROUP uses automatic systems of data collection, such as cookies. A cookie is a device transmitted to the hard drive of an Internet user. While cookies do not contain intelligible information, they allow us to link an Internet user to personal information provided by such user through this Site. Cookies are disseminated by our servers and no one may gain access to the information contained therein. Only YOOX NET-A-PORTER GROUP processes information collected by cookies, in a collective and anonymous way, in order to optimize its services and this Site for the needs and preferences of Users and to prepare customized web pages.
We disseminate cookies in connection with functions such as browsing the catalogue, purchasing products on-line and supplying services reserved to registered users.
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.
8. Your Right To Access Personal Data And Further Rights
You are entitled to obtain, at any time, confirmation from YOOX NET-A-PORTER GROUP and DIESEL as to whether or not data relating to you is being processed, whether the data is not yet registered, and the communication in intelligible form of the data undergoing processing.
You are entitled to obtain at any time from YOOX NET-A-PORTER GROUP:
a) the updating, rectification or integration of your personal data;
b) the deletion, transformation into anonymous form or blocking of your personal data, which is 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 sell products or 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 YOOX NET-A-PORTER GROUP at the following e-mail address email@example.com.
9. Links To Other Web Sites
YOOX NET-A-PORTER GROUP provides hyperlinks to Third Party Websites only for the convenience of their Users. By providing hyperlinks to Third Party Websites, YOOX NET-A-PORTER GROUP does not recommend that Users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY YOOX NET-A-PORTER GROUP, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS YOOX NET-A-PORTER GROUP 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 by e-mail at firstname.lastname@example.org.
For more information regarding your rights under the Italian Data Protection Code, please go to the web site of the Italian Data Protection Authority at www.garanteprivacy.it.
11. Governing Law
The processing of personal data by YOOX NET-A-PORTER GROUP will be conducted in compliance with applicable US laws.
The laws of Italy, including the Italian Personal Data Protection Code (Legislative Decree no. 196 dated June 30, 2003), also apply to the processing of personal data carried out by YOOX NET-A-PORTER GROUP.
The Italian Personal Data Protection Code guarantees that the processing of your personal data will be carried out in compliance with the fundamental rights and freedoms of individuals and their dignity, with particular reference to confidentiality, identity and the right to personal data protection.
12. Modification And Updating