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Welcome to shop.diesel.com (the "Site") which is operated for DIESEL USA Inc. ("DIESEL" or "we" or "our"). This Privacy Statement applies to any and all websites and applications in the USA and Canada (collectively referred to as “Sites”) controlled by Diesel S.p.A. ("DIESEL" or "we" or "our") where this Privacy Statement is posted. By using the Sites, you accept the practices described in this Privacy Statement. If you do not want to accept the practices described in this Privacy Statement, please do not use the Sites.
Please note that this Privacy Statement is subject to an arbitration provision, requiring you to arbitrate any claims you may have against us 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, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
The entities that collect and process your Personal Data, as data controllers (hereinafter “Data Controllers,” “Controllers,” “we,” “us,” and “our”) are listed as follows with the relevant contact information:
We may collect several types of Personal Data from you related to your active use of the Sites:
In addition to the Personal Data listed above, for the purposes under 5.b. and 5.c. below, Data Controllers could also collect and process the following Personal Data related to your profile and preferences:
When we collect your personal data, we differentiate between active and passive users, depending on how you use our Sites or services.
You are an active user (“Active User”) when you:
You are a passive user (“Passive User”) when you visit any and all websites and applications without registering.
The information systems and software procedures relied upon to operate the Sites 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 is 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.
The Personal Data includes: IP addresses and/or the domain names of the computers used by any user connecting with this website, the URI (Uniform Resource Identifier) addresses of the requested resources, the time of such requests, the method used for submitting a given request to the server, returned file size, a numerical code relating to server response status (successfully performed, error, etc.), other parameters related to the user's operating system and computer environment, data related to browsing behavior of the user on the Sites, information about pages that have been visited or searched, in order to select and return specific advertisements to the user of the Sites, for example, using cookies, in respect of which you will find complete information at http://www.diesel.com/shop/content/CookiePolicy.
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 Sites 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 Sites or your IP address) or for the assessment of responsibility in case of hypothetical crimes against the Sites.
Some Personal Data are strictly necessary to operate the Sites, while others are used only to obtain anonymous statistical information about the Sites and for correct functionality, and are deleted immediately after processing. From time to time you will be informed about whether the collection of your Personal Data is necessary or optional, and related possible consequences.
We process your Personal Data for the following purposes:
Some Personal Data that we request during the registration procedure or purchase are required in order to execute the purchase and/or to pursue the administrative and accounting purposes under 5.a. above.
Providing and processing of Personal Data for profiling and marketing purposes (under 5.b. and 5.c. above) 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 (under 5.b. and 5.c. above) by contacting individually Data Controllers at the addresses listed above. Failing to provide your 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.
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 your Personal Data is being transferred abroad, also outside the European Union, and may become accessible to governments under a lawful order made in that country. Please note that you are agreeing to the transfer of your Personal Data to the United States which does not have the same data protection laws as the EU and may provide more limited recourse mechanisms, including dissimilar or, at times, weaker data protection rights. With knowledge of these risks, by providing your personal information you consent to: (i) the use of your personal information for the uses identified above in accordance with this Privacy Statement; and (ii) the transfer of your personal information to the United States as indicated above.
The Personal Data collected for administrative and accounting purposes (under 5.a. and d. above) 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 (under 5.b. and/or c. above) will be stored until the customer asks to revoke their registration or their consent to the processing of the Personal Data.
The Personal Data related to the details of purchases processed for profiling and/or marketing purposes, which will be retained for the time allowed by Italian Data Protection Authority (“Authority”) in his measure dated 24 February 2005 or, in case of acceptance, by the number of years required by the accepted measure of the request for preliminary verification presented by Data Controllers if adopted by the Authority.
On expiry of the retention terms indicated above, the Personal Data will be automatically erased or made permanently and irreversibly anonymous.
The Personal Data will be processed by:
A full list of data processors appointed by the Data Controllers can be communicated by writing to the following email address firstname.lastname@example.org or to the postal addresses provided above, in the beginning of this Privacy Statement. The Personal Data may also be disclosed to third parties, independent data controllers, in particular professionals or legal or tax advice and assistance firms and companies managing payments made by debit or credit card. We do not share your Personal Data unless otherwise disclosed in this Privacy Statement or other privacy notice. The Personal Data will be transferred outside of the country or of the European Union, in countries not providing for an adequate level of data protection, only in accordance with the safeguards set forth by applicable privacy laws.
We may share your Personal Data with our third-party service providers for purposes discussed above. Any disclosures or transfer of your Personal Data to third-party service providers will be in accordance with applicable law. All third-party service providers are obligated to maintain the security and confidentiality of your Personal Data, and to only process your Personal Data in accordance with our instructions and this Privacy Statement. By having an opportunity to review this Privacy Statement prior to providing any Personal Data, you consent to our third-party service providers receiving and processing your Personal Data as discussed above. If you would not like us to share such Personal Data with third-parties, please refer to the “What Happens If You Do Not Provide Us Your Personal Data” section below. You may obtain an up-to-date list of third-party service providers by sending an email to: email@example.com.
Our third-party service providers may also have access to the Personal Data of people who are not Users of the Sites based on information that you directly disclosed on the Sites, in the following instances:
In all of the above cases, you must make sure you receive the consent from third parties prior to disclosing their Personal Data and inform them about our Privacy Statement. We will treat this Personal Data in accordance with this Privacy Statement, just as we treat your Personal Data. However, you will be responsible in connection with the disclosure of third-parties’ Personal Data, if you failed to obtain the third parties’ express consent to disclose their Personal Data or for any improper or unlawful use of that data.
Lastly, we may share your information with third parties, unrelated to the services provided on the Sites, when we believe it is necessary or appropriate, including: (a) as required or necessary in order to comply with applicable law (including laws outside your country of residence); (b) to protect us against liability; (c) to respond to subpoenas, judicial processes, or legitimate requests by law enforcement officials; (d) to purchasers in connection with any sale, assignment, or other transfer of all or a part of our business or company; (e) to protect our operations; (f) to protect our rights, privacy, safety or property; and (g) to allow us to pursue available remedies or limit the damages we may sustain.
Other information regarding the sphere of communication and dissemination of your Personal Data shall be provided to you in specific areas of the website.
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 firstname.lastname@example.org and request that such data be removed..
Depending on where you live, you may submit a for access (i.e. request information on Personal Data collected, used, disclosed or processed by the Data Controllers), as well as a request for integration, rectification, or erasure, or object to our processing of your Personal Data. Furthermore, you may also be able to exercise the following rights to restrict processing, data portability, and lodge a complaint with a data protection 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 marketing surveys or commercial communication both automated (e-mail, other systems of distance communication as, by way of example: MMS, Whatsapp) 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.
In order to exercise your rights above and/or submit an inquiries or complaints with regard to our processing of your Personal Data, you may send a request to the Data Controllers by writing to this email address email@example.com or to the postal addresses and contacts mentioned in the epigraph of this information notice.
In particular, 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.
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 e-mail to firstname.lastname@example.org.
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 exists, 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.
3. 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.
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.
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 information to third parties for their own direct marketing use, and your choices with respect to such disclosures. Because we do not share your personal information 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.
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.
Additionally, please do not forget that it is essential for the safety of your data that your device is equipped with tools such as constant antivirus updates and that your internet provider provides a connection ensuring a secure data transmission through firewalls, spam filters, and similar measures.
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.
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:
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.