1. WHO COLLECT YOUR PERSONAL DATA
Subject who collect and process the Personal Data, as data controllers (hereinafter “Data Controllers” or “Controllers”) are:
- 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, for administrative and accounting purposes, contact: Customer Care ;
- MARNI GROUP S.r.l., with registered offices in Italy, Milano, Italy, Via Sismondi 70/B, 20133, telephone +390271055300, for marketing and profiling purposes, contact: email@example.com .
In order to fulfill technical issues connected to the Site, we (Data Controllers) have appointed some data processors (hereinafter collectively “Processors”) that process data on our behalf. These subjects were appointed because of their technical skills related to purposes and modalities of the processing, guarantees offered in relation to security measures adopted and in compliance to applicable data protection laws. These subjects are under our control and you could request a full list writing an email to firstname.lastname@example.org
2. WHY WE COLLECT YOUR PERSONAL DATA
The information systems and software procedures relied upon to operate the Site acquire, as part of their standard functioning, personal data as part of the transmission of such data is an inherent feature of Internet communication protocols. Such information are not collected in order to relate it to identified data subjects, however it might allow user identification per se after being processed and matched with data held by third parties.
In the processing of Personal Data that may directly or indirectly identify your person, we try to respect a principle of strict necessity. For this reason, we configured the Site in such a way that the use of Personal Data is reduce to a minimum and to limit the processing of Personal Data that could identify the data subject only when needed or at the request of the authorities and the police (as, for example, for traffic data and the time you spend on the Site or your IP address) or for the assessment of responsibility in case of hypothetical crimes against the Site.
Some Personal Data are strictly necessary to operate the Site, others are used only to obtain anonymous statistical information about the Site and to check its correct functioning and are deleted immediately after processing. From time to time you will be informed about obligation or optional nature of the communication of Personal Data and possible consequences.
3. HOW WE WILL USE YOUR PERSONAL DATA
Your Personal Data will be processed using automated tools for the time necessary to fulfill the purposes for which such data was collected and in compliance with the principle of necessity and proportionality, avoiding to process the Personal Data where operations could be realized through the use of anonymous data or through other means.
Specific security measures are applied to prevent the loss of the Personal Data, illegal or improper utilization and unauthorized access, but please do not forget that it is essential for the safety of your data that your device is equipped with tools such as constantly antivirus updated and that your internet provider provides a connection ensuring a secure data transmission through firewalls, spam filters, and similar measures.
4. WHO WILL USE YOUR PERSONAL DATA
Controllers will process your personal data for the technical administration of the website. Your data will be processed by employees and collaborators of Controllers appointed as persons in charge of the processing and data processors.
Other information regarding the sphere of communication and dissemination of your personal data shall be provided to you in specific areas of the website.
5. YOUR RIGHTS
You may at any time obtain cancellation, conversion into anonymous form, copy, update, adjustment or integration, block of data processed in infringement of the law and oppose the processing as envisaged by Article 7 of Legislative Decree n.196/2003, which is shown in full below.
You will have the right to object in any case to any processing of your Personal Data for purposes of commercial information and marketing, and to oppose for legitimate reasons of the processing of your data for other purposes.
In order to exercise your rights, you may contact the address below or send an email to email@example.com.
Article 7 of Legislative Decree 30 June 2003 n. 196 (Right to Access Personal Data and Other Rights)
1. A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him exist, regardless of their being already recorded, and communication of such data in intelligible form.
2. A data subject shall have the right to be informed:
a) of the source of the personal data;
b) of the purposes and methods of the processing;
c) of the logic applied to the processing, if the latter is carried out with the help of electronic means;
d) of the identification data concerning data controller, data processors and the representative designated as per Section 5(2);
e) of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing.
A data subject shall have the right to obtain
a) updating, rectification or, where interested therein, integration of the data;
b) erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
4. A data subject shall have the right to object, in whole or in part,
a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection;
b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.
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 email 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.
California Privacy Rights
This section applies solely to the Californian consumers‘ personal information processing (excluding our employees, applicants, staff and contractors). This section is intended to address the relevant notice requirements of the California Consumer Privacy Act of 2018 (the “CCPA”), and uses certain terms having the meaning given in the CCPA.
- Your information, sources and purposes: please refer to the sections above explaining what data we collect , how we use the personal data and the cookie collected for a description of the personal information we may collect about you (or have collected in the preceding 12 months) and the sources of such information (such as directly from you and your device or through certain third parties). These also describe the purposes for which we may use or have used such information.
- Selling your information: we have not sold personal information in exchange for monetary compensation. We may allow certain third parties (such as certain advertising partners) to collect your personal information via automated technolopies on our platforms in an effort to serve you content and advertisements that may be of interest to you. You have the right to opt out of this disclosure of your information, as described in the cookie section.
- Your rights: subject to exceptions under applicable law, you may have certain choices regarding our use and disclosure of your personal information, as described below:
- Access: you have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected about you during the past 12 months and details regarding our collection, use, disclosure of such information.
- Deletion: you have the right to request that we delete the personal information we have collected from you.
- Opt-Out: You have the right to manage the activation of the cookies as described in the cookie section.
- write to Customer Care by selecting the "privacy" topic in the relevant webform in the "Contact us" section of the Website; or
- contact us directly at the address indicated above. If you exercise your rights, we may require you to provide certain information to verify your identity (such as your name, email address, phone number and/or address).
- No discrimination: If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us.
- Personal, family and household clients: In addition, under California Civil Code Section 1798.83, if you are a California resident and your business relationship with us is primarily for personal, family or household purposes, you may request certain data regarding our disclosure, if any, of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please send an e-mail message to our e-mail address below with “Request for California Privacy Information” in the subject line. You may make such a request up to once per calendar year. If applicable, we will provide you, by e-mail, a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties’ names and addresses. Please note that not all personal information sharing is covered by Section 1798.83‘s requirements.
To exercise your rights, described above, you can: