Information on Privacy
Your privacy is extremely important for us and we kindly invite you to read the following information notice.
By submitting your Personal Data you may enjoy the advantages and benefits reserved exclusively to our registered clients (subject to availability in your Country), and we offer to those who love our products, that visit our online store or our stores in the world or that use our App or other online services.
1. WHO COLLECT THE PERSONAL DATA
Subjects who collect and process the Personal Data, as data controller (hereinafter “Data Controllers” or “Controllers”) are:
- OTB S.p.A. , with registered offices in Italy, Breganze (Vi), Via dell'Industria 2, 36042, telephone +390445306555, email firstname.lastname@example.org, for marketing and profiling purposes;
- MARNI GROUP S.r.l.. , with registered offices in Italy, Via Sismondi 70/B, 20133 Milano, Italy, 20133, telephone +390271055300, email email@example.com, for marketing and profiling purposes and, in case of purchase through the Site, also for administrative and accounting purposes;
- the local affiliate of MARNI GROUP S.r.l. of the Country where you are resident (or if a local affiliate where you are resident is not available, the local affiliate where you register for the first time), will process data for marketing and profiling purposes.
- YOOX NET-A-PORTER GROUP S.p.A./Corporation , company with sole shareholder subject to direction and coordination of Compagnie Financière Richemont S.A., with registered offices in Italy via Morimondo, 17 – Milano 20143 please contact our Customer Care for administrative and accounting purposes of the online sales only.
If you want to receive more information on local affiliates of MARNI GROUP S.r.l. you could visit the following link http://privacy.marni.com or write an email to our Customer Care or to the postal addresses mentioned above.
Data controllers appointed also the following data processors that could process the Personal Data on their behalf (hereinafter collectively “Data Processors”):
- YOOX NET-A-PORTER GROUP S.p.A./Corporation with addresses and email above indicated.
2. WHY WE COLLECT THE PERSONAL DATA
Personal Data will be processed for the following purposes:
a. administrative and accounting purposes: execution of sales contract, accounting and fulfillment of legal obligations, after-sales services. The legal basis for this data processing is: execution of a contract of which you are a part. The Data collected for this purpose will be kept for the entire duration of the contractual relationship and for 10 years after the termination of the same.
b. subject to your consent, for marketing purposes: dispatch of advertising material or direct sales material, market research, commercial communication even customized with automated systems (e-mail, other communication systems via communication networks such as, by way of example but not limited to: SMS, MMS, Whatsapp, WeChat, etc.) and traditional (paper mail) contact methods, and offering of personalized sales services at data controllers stores worldwide. The legal basis for this data processing is: your consent. The Data collected for this purpose will be retained until the revocation of your consent.
c. subject to your consent, for profiling purposes, that is analysis of your consumer choices consistent in automated processing of the Personal Data included data relating to purchases details in stores and websites of data controllers worldwide. This processing is finalized to predict your purchase preferences and to create clients profiles. The legal basis for this data processing is: your consent. The Data collected for this purpose will be retained until the revocation of your consent.
For the purposes of letter a., data controllers could collect and process the following Personal Data:
- personal information: first name, middle name, surname, name and surname in the local alphabet, occupation, nationality;
- during your visit in stores we will ask you, address of residence, city of residence, province of residence/state of residence, Country of residence, zip code, email address, phone number, mobile number, during a visit on online store we could collect shipping and invoicing address, method of delivery and payment, name of the holder of the credit card and expiration, requests made to customer service, building/apartment, preferred language, preferred contact method, additional addresses, secondary email, secondary phones, contact method(s) that the customer does not want to be used.
In addition to the Personal Data listed above, for the purposes of letters b. and c., data controllers could collect and process also the following Personal Data related to your profile and preferences:
- data collected during your visit in stores included use of Wi-Fi system: birthday, alleged age group, date of birth, in certain Country Wechat ID, gender, method and date of registration, preferences on store and sales assistant, language, categories of preferred products, mode of use of services, preferences about the services marked in stores, redemption campaign, attendance events, products brought into the dressing room but not purchased, preferred language, other brands purchased by customer, individual customer style, type of interaction with the customer, collection preferences, customized clientelling, notes, detail of individual contact initiatives of stores/dealers,
- data concerning purchases made online and in stores: detail of the products purchased, size, price, discount, units, color, fit, model, collection, level of expenditure calculated, abandoned shopping cart, tax / VAT code or VAT exemption, passport number, Global Blue membership number, transaction address, notes related to the discount on a personal basis, purchase channel, purchase frequency, purchase preference (discount / full price), preferred season labels (first / second half);
- data regarding participation in prize contests;
- data collected during navigation or during online store purchases or the use of Apps: data related to browsing behavior and/or use held on data controllers websites by using, for example, cookies or information about pages that have been visited or searched or related to wishlist.
3. WHAT HAPPENED IF YOU DO NOT PROVIDE THE PERSONAL DATA
Some Personal Data that we will point out during the registration procedure or purchase are required in order to execute the purchase and to pursue the administrative and accounting purposes (letter a. of the Paragraph 2).
Providing and processing of Personal Data for profiling and marketing purposes (letters b. and c. of paragraph 2) is optional and therefore their inclusion in our Customer Relationship Management (CRM) systems that allow the processing of the Personal Data for marketing and profiling purposes will take place only with your consent.
You may at any time revoke your consent to the profiling and/or marketing purposes (letters b. and c. of Paragraph 2) contacting individually data controllers to the addresses above mentioned. Failing to provide the Personal Data and/or withhold your consent preclude the pursuit of profiling and marketing purposes but will not have any effect on your ability to finalize your purchases.
4. HOW WE WILL PROCESS THE PERSONAL DATA
The Personal Data provided and/or collected by data controllers will be processed and stored by automated tools and, in some cases, they will be processed and stored on paper. In particular, Personal Data processed for profiling and marketing purposes will be stored in the CRM systems that allow the processing of Personal Data for marketing and profiling purposes of data controllers and/or data processors whose server is located in United States of America. You acknowledge that the Personal Data is being transferred abroad, also outside European Union, and may become accessible to governments under a lawful order made in that country.
The Personal Data collected for administrative and accounting purposes (paragraph 2, letter a.) shall be stored for the time necessary to perform the contract, or the provision of legal warranties in accordance with the terms of the retention required by the applicable law.
The Personal Data collected for marketing and profiling purposes (paragraph 2, letters b. and/or c.) will be stored until the client asks to revoke the registration or the consent to the processing of the Personal Data.
On expiry of the retention terms indicated above, the Personal Data will be automatically erased or made permanently and irreversibly anonymous.
5. WHO WILL PROCESS THE PERSONAL DATA
The Personal Data will be processed by:
- employees and associates of the data controllers designated as persons in charge of the processing;
- employees and associates of the data processors designated by data controllers including (i) subjects that manage the traditional or online stores and that may view, edit and update the Personal Data entered into the CRM systems by which the data controllers process for marketing and profiling purposes (ii) subjects that manage storing of the Personal Data on behalf of the data controllers in accordance to local agreements and laws;
- third party members in or outside the EU, data processors, used by the data controllers in particular for acquisition services and data entry of Personal Data, shipping, distribution of promotional material, after sales support, market research, management and maintenance of the CRM systems by which the data controllers process for marketing and profiling purposes and others data controllers IT systems.
6. YOUR RIGHTS
According to Chapter III of Regulation (EU) 2016/679 and other local applicable data protection laws (see details below related to your Country), you can at any time request information on personal data collected, used, disclosed or processed by the data controllers (right of access), as well as request for integration, rectification or erasure and object to their processing. Furthermore, starting from 25th of May 2018 (when Regulation (EU) 2016/679 shall apply), you will be able to exercise also the following rights: restriction of processing, data portability and lodge a complaint with a supervisory authority.
In particular, you have the right to object and withdraw your consent, in whole or in part, to the collection, use, disclosure or processing of your personal data for purposes of dispatch of advertising material, direct selling or for the fulfillment of market surveys or commercial communication both automated (e-mail, other systems of distance communication as, by way of example: SMS, MMS, Whatsapp, WeChat, etc.) and traditional (paper mail).
If you prefer that the processing of your personal data is carried out solely by means of traditional contact methods, you may object to the processing of your personal data by means of automated contact methods.
The Data Protection Officer can be contacted at the e-mail address firstname.lastname@example.org
PROVISIONS FOR USA ONLY
OPTING OUT OF MARKETING COMMUNICATIONS
If you no longer want to receive marketing-related emails from us, you may opt out of receiving such emails by clicking the “unsubscribe” link at the bottom of any marketing email you receive from us, or, if you created an online account when you registered to receive our emails, you may log into your account and make changes to your communication preferences. If you are having difficulty unsubscribing from our marketing emails using the above methods, please contact us directly at the email or mailing addresses listed under section 1 above. Please allow ample time for us to process your request. However, please note that even if you opt out from receiving marketing communications, we may need to send you service-related communications and may need to keep information we have collected about you for record-keeping, research and other purposes. COLLECTION FROM CHILDREN
The Sites are not intended for children under the age 13 and we do not knowingly collect Personal Data from such children. Children under the age of 13 should not use or attempt to use our Sites or send Personal Data to us. In the event that we learn that we have inadvertently gathered Personal Data from a child under the age of 13, we will take reasonable measures to erase such information from our records. Parents who believe that we might have any information from or about a child under 13, may submit a request to [insert e-mail address] and request that such data be removed.
YOUR CALIFORNIA PRIVACY RIGHTS & HOW WE RESPOND TO “DO NOT TRACK” SIGNALS
If you are a California resident, you may have the right to request and receive certain information about a company’s disclosure of your Personal Data to third parties for their own direct marketing use, and your choices with respect to such disclosures. Because we do not share your Personal Data with third parties for their own direct marketing use unless you are first given the opportunity to opt in or out, we are exempt from this requirement. If you still wish to learn more about our compliance with this requirement, please contact us at the address listed below.
We do not support “Do Not Track” browser settings and we do not currently participate in any frameworks that would allow us to respond to “Do Not Track” signals or other mechanisms from you regarding the collection of your personal information.
We may use advertisers, third-party ad networks, and other advertising companies to serve advertisements on the Sites and to improve the performance of our advertising across the Internet. Please be advised that such advertising companies may gather personal information about your visit to our Sites or other websites (such as through cookies, web beacons, and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. You can also generally opt-out of receiving personalized ads from third-party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website and DAA website.
LINKS TO THIRD-PARTY WEBSITES
From time to time, we may include links on the Sites to third-party websites. Please pay attention when you connect to these websites and read their terms and conditions of use and privacy policies carefully. We do not control or monitor such websites or their web content. This Privacy Statement does not apply to any third-party websites and we will are not responsible for the content, privacy policies, or processing of your Personal Data while you are visiting any third-party websites.
AGAIN, PLEASE NOTE THAT THIS PRIVACY STATEMENT DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH THIRD-PARTY WEBSITES AND ADVERTISERS.
We have adopted commercially reasonable security measures to protect your Personal Data against accidental or unlawful destruction, loss, alteration, or unauthorized disclosure or access. We may use third-party products and services to secure or store your information. We encrypt credit card numbers from e-commerce transactions conducted on our Sites. However, no method of internet transmission or electronic storage is 100% secure or error free. Consequently, we cannot ensure or warrant the security of any information you transmit to us. If we learn of a data security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Sites. We may post a notice via the Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive written notice of a data privacy or security breach. If you have any reason to believe that your interactions with the Sites are no longer secure, please notify us immediately at the addresses provided above.
CHANGES TO OUR PRIVACY STATEMENTS
We reserve the right to amend all or part of our Privacy Statements from time to time. The version published on the Sites is the version currently in force. Changes to our Privacy Statements are communicated by placing a notice on the Sites stating “Revised Privacy Statement(s).” Changes to our Privacy Statements will be effective immediately once published on the Sites unless otherwise noted. Your use of the Sites following any amendments, indicates your consent to the practices described in the revised Privacy Statements. We invite you to periodically review our Privacy Statements to be informed of any relevant changes, especially before providing any data to us.
DISPUTES, AGREEMENT TO ARBITRATE, AND CHOICE OF LAW
By using the Sites, you and we agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of this Privacy Statement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent:
(1) to us at the address(es) listed above, towards the beginning of this Privacy Statement; and
(2) to you at: the contact information on file with us.
Both you and we agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Statement, including any claim that all or any part of this Privacy Statement is void or voidable.
This Privacy Statement has been made in, and shall be construed in accordance with, the laws of the State of New York, without giving effect to any conflict of law principles. The parties acknowledge that this Privacy Statement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Statement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign your personal information that we have collected via the Sites.