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The distance selling of products bearing the trademarks “Diesel”) (the (“Products”), owned by the company Diesel USA Inc. (the “Seller”), through telephone and/or WhatsApp and/or via email is governed by these general sale conditions (the “General Conditions”).

The distance selling of such Products, by means of the above-mentioned methods, is made directly by Diesel USA Inc., with registered office in 220 West 19th Street, New York, NY 10011, USA (hereinafter the “Seller”) according to the provisions set out below in these General Conditions. Each customer may request additional information from the sales staff of the retail store with whom the former interacts for the completion of the sale. Each customer, who has purchased Products through this method, may also obtain information on orders and shipments, refunds and returns of said Products. Users are also reminded of the right to contact the Seller directly, also by e-mail, at the e-mail address of the retail store.

 

IMPORTANT NOTICE: PLEASE NOTE, EXCEPT WHERE PROHIBITED BY LAW (INCLUDING THE PROVINCE OF QUEBEC), THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH IN ARTICLE 10 OF THESE GENERAL CONDITIONS REQUIRES YOU TO ARBITRATE 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, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

1. THE SELLER'S COMMERCIAL POLICY

1.1 The Seller offers the Products available at certain retail stores through telephone, and/or WhatsApp video call/chat and/or email ordering (“Distance Selling Program”). The Seller offers its Distance Selling Program exclusively to customers who purchase the Products available in the applicable retail stores through the methods above described and who qualify as "consumers" ("Purchasers" and each of them "Purchaser"). “Consumers” means exclusively the natural persons who enter a purchase contract for the satisfaction of everyday life needs and unrelated to the entrepreneurial or professional activity that he or she may carry out; on the other hand, anyone who enters the contract in the exercise of any entrepreneurial or professional activity or for a related purpose shall be considered a “professional” and not a “consumer.”

1.2 If the customer, i.e., potential Purchaser, does not fall within the definition of "consumer" but, on the contrary, qualifies as a “professional” and, therefore, is not acting as defined under article 1.1 above, he/she is not permitted to purchase products via the Seller’s Distance Selling Program.

1.3 In consideration of its commercial policy, the Seller reserves the right not to complete orders from persons who, in the Seller’s discretion, do not fall within the definition of "consumer" and/or, in any case, orders that do not comply with its commercial policy and/or are not in line with these General Conditions.

1.4. These General Conditions represent the entire agreement between the Seller and Purchasers with respect to the purchase of the Seller’s Products via the Distance Selling Program (the "Orders").

1.5 Certain areas, features, or functionality of the Distance Selling Program may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such additional rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such additional rules may conflict with these General Conditions. In the event of such a conflict, the Additional Rules will control. Any reference to the “General Conditions” in this agreement includes the Additional Rules.

2. TERMS OF EXECUTION OF THE CONTRACT WITH THE SELLER

2.1 Only persons who have reached the age of 18 or the age of majority in their jurisdiction of residence (whichever is greater)and who are not in conditions of legal incapacity may place Orders. The Purchaser, to enter into a contract with the Seller, for the purchase of one or more Products in the manner described above and to complete the sale (the "Contract"), must agree to these General Conditions and follow the instructions that will be sent to him electronically, in the various phases guiding to the execution of the Contract. The Seller will send a copy of the General Conditions by email/WhatsApp, as applicable, attaching it to the summary of the terms of the offer, for the Purchaser’s future reference. By using the Distance Selling Program you, the Purchaser, are signalling your agreement to these General Conditions.

3. DESCRIPTION OF THE PRODUCTS AND SPECIFICATION OF PRICES

3.1 Only original Products are offered via the Distance Selling Program.

3.2 The Seller does not sell used Products via the Distance Selling Program.

3.3 The Seller will explain the essential characteristics of the Products, including the price, by email/WhatsApp and/or by telephone, prior to finalizing the Order.

3.4 The prices of the Products include applicable taxes or duties but do not include the shipment costs, if any. The total price of the chosen Products, including all charges, will be indicated in the offer’s summary message that will be sent by the Seller, via WhatsApp or email, to the Purchaser.

3.5 The Purchaser may only purchase Products that are available in the retail store with which Purchaser is communicating. The Seller will endeavour to confirm that the Product in question is available prior to finalizing any Order. If, however, after the finalization of the Order or payment by the Purchaser, the Product is no longer available, the Seller will notify the Purchaser as soon as possible and refund any amounts paid by the latter as soon as possible.

4. RETURNS

4.1 Purchasers who are not satisfied with any purchased Products can receive a full refund by returning the Products to the Seller in within 30 (thirty) days of receipt of the Product, in accordance with the requirements in these General Conditions.

4.2 In order to exercise this right, the Purchaser must send a communication expressing his desire to initiate a return. Specifically, the Purchaser must send a request to the applicable retail store either by email or by registered mail. As indicated in Article 8, the contact information for the applicable retail store will be provided to the Purchaser through the course of the Distance Selling Program.

4.3 In exercising the return option, the Purchaser shall return the goods to the Seller without undue delay and in any event within 30 (thirty) days from the date on which it communicated its decision to exercise such right. The term is met if the Purchaser ships the goods before the expiration of the 30 (thirty) day period. The goods do not need to be received by the Seller prior to the expiration of the 30 (thirty) day period. The Products must be returned to the retail store from which the purchase was made, at the address indicated in the message to the Purchaser stating the return policy. For any doubts regarding the procedures for returning the Products, the Purchaser may contact the Seller in the manner indicated in Article 8 below.

4.4 After a successful return, the Purchaser will be refunded all payments made, including the delivery costs, except for any additional costs that result where the Purchaser has expressly chosen a type of delivery other than the least expensive type offered by the Seller. Costs incurred by the consumer in returning the goods shall remain his burden.

4.5 Such refunds will be made using the same means of payment used by Purchaser for the initial transaction, unless the Purchaser has expressly agreed otherwise. Refunds will only be issued once the returned goods have been received by the Seller and the Seller has determined that all applicable return requirements have been met, including those pertaining to the condition of the goods found in Article 4.6.

4.6 In the event the Purchaser initiates a return, the Seller has the right to refuse the return of the Products or to deny reimbursement in full of the sums paid by the Purchaser for the purchase of those Products which, as returned, have no relevant tag and/or which have been altered and/or damaged in any way. All such determinations will be made by the Seller in its sole discretion.

5. WARRANTY & PRODUCT INFORMATION

5.1 Upon discovery of a defect in the Product, the Purchaser shall have the right to request repair or replacement of the Product, at the Purchasers’ option and without charge in either case, unless the remedy requested is objectively impossible or unduly burdensome compared to the other. All determinations as to whether a Product is defective, and as to the availability of remedies, shall be made by the Seller, in its sole discretion.

5.2 Should replacement and repair prove to be excessively burdensome or impossible for the Seller, as determined in the Seller’s sole discretion, the Purchaser may request termination of the contract (with refund of the purchase price by the Seller, subject to return of the Product by the Purchaser) or reduction of the purchase price. Any decisions regarding the appropriate price reductions shall be made by the Seller in its sole discretion.

5.3 The warranty described in this Article 5 is valid for 2 (two) years from the date of delivery of the Product to the Purchaser. It is understood that the Purchaser will lose this right if he does not report the conformity defect to the Seller within the term of 2 (two) months from the date in which he discovered the defect. The Purchaser must keep the receipt as original proof of purchase of the Product, which must be attached to activate the warranty.

5.4 The Seller strives to be as accurate as possible and eliminate errors in connection with the Distance Selling Program. However, there may be information presented that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, or availability, or other information pertaining to the Distance Selling Program. Certain Products advertised may have limited quantities and may not always be available. The prices displayed are quoted in U.S. Dollars, and are subject to change without notice. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after the Purchaser has submitted an Order), and the Purchaser’s sole remedy in the event of such error is to cancel the Order.

5.5 The Seller strives to display the colors of the Products as accurately as possible, but the Seller cannot guarantee that the Purchaser’s device will display any of these colors in an accurate manner. The Seller does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. If a non-defective Product is not as described or pictured, or otherwise does not meet the Purchaser’s expectations, the Purchaser’s sole remedy is to return it in an unused condition for a refund, in accordance with Article 4 above.

6. PAYMENTS

6.1 For the payment of the Products’ price and the shipping and delivery charges, if any, the Purchaser will receive a link containing the instructions to complete the payment by email and/or via WhatsApp.

7. SHIPPING AND DELIVERY OF PRODUCTS

7.1 The Purchaser, at his/her own discretion, may decide either to receive the Products it has purchased at an address of its choice or to collect the purchased Products from the retail store chosen for the purchase among those indicated in the preamble. Such choice shall be communicated in writing to the Seller, via WhatsApp and/or by email, prior to executing the sale.

7.2 In the event that the Purchaser has chosen to receive the Products at the address indicated, delivery will be made within 7 working days from the sending of the email/WhatsApp message confirming the shipment.

7.3 Delivery is made by professional courier. Shipping costs, if any, are not included in the price but are indicated separately before finalizing the Order.

7.4 The Purchaser will receive by email/via WhatsApp the details of the shipment and courier. The Purchaser acknowledges and agrees that, to the maximum extent permitted by applicable law, the Seller shall have no liability for any damage to the goods that occurs during transportation of the goods by the Seller’s appointed courier.

8. CUSTOMER SERVICE

8.1 The Purchaser may request any information through the assistance services activated by the Seller at the retail store by contacting the interested retail store. The contact information for the applicable retail store will be provided to the Purchaser during the course of the Purchaser’s participation in the Distance Selling Program.

9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

9.1 These General Conditions set forth all of Seller’s obligations and responsibilities with respect to the Distance Selling Program.

9.2 TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE DISTANCE SELLING PROGRAM AND ALL PRODUCTS ARE PROVIDED "AS IS." EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE GENERAL CONDITIONS, THE SELLER MAKES NO REPRESENTATION, WARRANTY, OR CONDITIONS OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE DISTANCE SELLING PROGRAM, THE CONTENT OR COMMUNICATIONS OF THE SAME, ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE DISTANCE SELLING PROGRAM, OR ANY PRODUCTS OFFERED THROUGH THE DISTANCE SELLING PROGRAM, TO THE EXTENT PERMITTED BY LAW. THE SELLER DISCLAIMS IMPLIED WARRANTIES AND CONDITIONS THAT THE DISTANCE SELLING PROGRAM, THE SOFTWARE, CONTENT, SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE DISTANCE SELLING PROGRAM, AND ANY PRODUCTS OFFERED THROUGH THE DISTANCE SELLING PROGRAM ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE SELLER OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

THE SELLER DOES NOT GUARANTEE THAT THE DISTANCE SELLING PROGRAM OR ANY PRODUCTS OFFERED THROUGH THE DISTANCE SELLING PROGRAM WILL MEET THE PURCHASER’S REQUIREMENTS. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE DISTANCE SELLING PROGRAM, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE DISTANCE SELLING PROGRAM (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

FURTHER, THE SELLER DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT CONVEYED TO THE PURCHASERS IN CONNECTION WITH THE DISTANCE SELLING PROGRAM. UNDER NO CIRCUMSTANCES WILL THE SELLER BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A PURCHASER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE DISTANCE SELLING PROGRAM. IT IS THE PURCHASER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE DISTANCE SELLING PROGRAM.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9.3 TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE SELLER WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE DISTANCE SELLING PROGRAM, INCLUDING ANY PRODUCTS PURCHASED THROUGH THE SAME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE DISTANCE SELLING PROGRAM, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITES, OR (v) ANY OTHER MATTER RELATING TO THE DISTANCE SELLING PROGRAM. IN ADDITION, WHEN USING THE DISTANCE SELLING PROGRAM, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF THE SELLER, ITS PARTNERS, ADVERTISERS, AND SPONSORS. ACCORDINGLY, THE SELLER ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE DISTANCE SELLING PROGRAM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9.4 The Purchaser agrees to defend (at the Seller’s option), indemnify, and hold the Seller harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to the Purchaser’s misuse of the Distance Selling Program or any breach by the Purchaser of these General Conditions. The Seller reserves the right, at the Seller’s expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by the Purchaser and, in any case, the Purchaser agrees to cooperate with the Seller if and as requested by the Seller in the defense and settlement of such matter.

10. DISPUTE RESOLUTION; AGREEMENT TO ARBITRATE; APPLICABLE LAW

10.1 By using the Distance Selling Program, the Purchaser and the Seller agree that, if there is any controversy, claim, action, or dispute arising out of or related to the Purchaser’s use of the Distance Selling Program, including the purchase or use of any Products, or the breach, enforcement, interpretation, or validity of these General Conditions or any part of them (“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 thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

The Seller, at Diesel USA Inc., 220 West 19th Street, New York, NY 1011, USA or

The Purchaser, at the contact information we have on file for you.

EXCEPT WHERE PROHIBITED BY LAW (INCLUDING THE PROVINCE OF QUEBEC), both the Purchaser and the Seller 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.

EXCEPT WHERE PROHIBITED BY LAW (INCLUDING THE PROVINCE OF QUEBEC), IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, THE PURCHASER AGREES THAT SUCH DISPUTE WILL BE DECIDED EXCLUSIVELY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT THE PURCHASER WILL NOT HAVE, AND HEREBY WAIVES, THE RIGHT FOR A JUDGE OR JURY TO DECIDE ITS CLAIMS, AND THAT THE PURCHASER MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that the Purchaser and the Seller would otherwise 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 arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if these standards are deemed by JAMS or the arbitrator to be applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, the Purchaser may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.

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 these General Conditions, including any claim that all or any part of these General Conditions are void or voidable. For the avoidance of doubt, the Purchaser and the Seller agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this arbitration agreement or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

Notwithstanding the foregoing, in lieu of arbitration either the Purchaser or the Seller may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.

10.2 For US residents: These General Conditions have been made in and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the state of New York, without giving effect to any conflict of laws principles. Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the state of New York and the Purchaser agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. The Purchaser further agrees that any such claims will be brought solely on an individual basis and not as part of any class, consolidated, or representative capacity.

The Purchaser and the Seller acknowledge that these General Conditions evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these General Conditions shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

For Canadian residents: These General Conditions have been made in and shall be construed in accordance with the laws of your Canadian jurisdiction of residence, without giving effect to any conflict of laws principles.

11. MISCELLANEOUS

11.1 Should any provision of these General Conditions be deemed invalid, void or for any reason unenforceable, such provision shall not affect the validity and enforceability of the others.

11.2 If the Seller fails to invoke any provision of the General Conditions at any time, this shall not be construed as a waiver of the right to invoke such provision (or any other provision of these General Conditions) at a later time.

11.3 Any event of force majeure will result in the suspension of the obligations contained in these General Conditions that are affected by the event of force majeure and the party affected by the event of force majeure will not be liable for the inability to perform these obligations.

11.4 These General Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the Purchaser and the Seller.

11.5 Notice to California Residents. The Purchaser may reach the Seller as directed in Article 8 of these General Conditions. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

11.6 The Seller reserves the right to modify these General Conditions at any time. More generally, the Seller may change, restrict access to, suspend or discontinue the Distance Selling Program, or any portion of the Distance Selling Program, at any time and at the Seller’s sole discretion.

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Your privacy is extremely important to us, please read this information notice carefully.

We wish to inform you in a complete and transparent manner about the personal data processing that the companies listed in paragraph 1 below will carry out on your personal data provided by you and/or collected in the context of the contacts you will possibly have with us, including for example the following:

  • visiting our stores;
  • contacting our Customer Service; or
  • visiting the website shop.diesel.com (the "Site") (hereinafter the “Site”) and/or the other websites referring to the brand, interacting with our pages on the social networks (e.g., Facebook, Twitter, Instagram, Tik Tok, WeChat, Tmall, etc.).

    • When we collect your personal data, we differentiate between active and passive users, depending on how you use our Site or services.

    You are an active user (“User”) when you:

  • Register an account;
  • Sign up for a newsletter on our website;
  • Visit a Diesel store;
  • Download and use our applications;
  • Participate in prize contest;
  • Use Wi-Fi systems in stores; or
  • Engage with us on social networks.

    • You are a passive user (“Passive User”) when you visit any and all websites and applications without registering.

    1. WHO COLLECTS YOUR PERSONAL DATA?

    The companies collecting and processing personal data as autonomous data controllers (hereinafter the “Data Controllers” or the “Companies”) or as joint controllers are:

    • OTB S.p.A. (“OTB”), with registered office in Italy, Breganze (Vi), Via dell’Industria 2, 36042, telephone +390445306555, email privacy@otb.net; OTB’s Data Protection Officer (“DPO”) can be contacted at dpo@otb.net;
    • Diesel S.p.A. (“Diesel HQs”), with registered office in Italy, Breganze (Vi), Via dell’Industria 4-6, 36042, telephone +390424477555, email privacy@diesel.com; the Diesel Data Protection Officer (“DPO”) can be contacted at dpo@otb.net;
    • Diesel USA Inc. (“Diesel”), with registered office in 220 West 19th Street, New York, NY 10011, telephone 2127559200, email clientservice@diesel.com.

    OTB (Parent company of Diesel Spa and Diesel Inc.) and Diesel HQs carry out some activities as joint controllers, taking jointly the decisions regarding the purposes and means of personal data processing. Hereafter, the term “Joint Controllers” means Diesel HQs and OTB jointly considered when they process data as joint controllers.

    To facilitate your understanding of the processing activities carried out by the above mentioned subjects as Controllers or Joint Controllers, we have prepared this document explaining which processing activities are carried out autonomously by each company.

    By using our Site or visiting our shops, you agree and intend to be legally bound by this Privacy Statement and Terms and Conditions. This Privacy Statement is incorporated into our Terms and Conditions available at shop.diesel.com/cms/legal/terms.html.

    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

    2. WHAT PERSONAL DATA WE PROCESS

    Each Company collects different categories of personal data according to the purpose for which it processes them.

    Herein below we specify which categories of Personal Data are collected; in the following paragraph we will explain for what purposes each category of data is processed by each Data Controller or by the Joint Controllers as appropriate. “Personal Data” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, device, or household.

    • Identifiers/contact data/biographical data, which may include name, date of birth, address, online identifier or username, Internet Protocol address, email address, telephone number, or account name. These are sourced directly from you or indirectly from you (e.g., from observing your actions on the Site). They are used to fulfill or meet the reason you provided the information, to contact you in relation to our Site, to respond to an inquiry, for product and service improvement, to provide loyalty programs, to provide prizes, marketing, or to process an order. For example, when you create an account, you provide your first and last name, email address, and other identifying information. We disclose this information for business purposes to internet service providers, administrative service providers, and payment processors.
    • Personal Data categories contained in customer records/sales data, which may include name, address, telephone number, bank account number, credit card number, debit card number, passport number, tax code, or any other payment and financial information for billing. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information, to contact you in relation to our Site, to respond to an inquiry, or process an order. For example, we need your payment information when you purchase products and services from us. We disclose this information for business purposes to internet service providers, administrative service providers, and payment processors.
    • Characteristics of protected classifications, such as age or gender. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information or to provide relevant services and advertising. We do not disclose this information to third parties.
    • Commercial information/purchase data, which may include records of products or services purchased, obtained, or considered, such as details on purchased items (e.g., size, price, discount, model, collection, calculated spending level, abandoned cart items, etc.) or other purchasing or consuming histories or tendencies. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information, to contact you in relation to our Site, marketing, and to respond to an inquiry or process an order. For example, we keep track of your purchases to create a purchase history. We disclose this information for business purposes to internet service providers, administrative service providers, and payment processors.
    • Professional or employment-related information, such as employment history or professional certifications. We source this information directly from you. We use this information to process employment applications. For example, when you apply for a job with us, we ask for your relevant employment history. We disclose this information for business purposes to service providers, such as background check providers and human resource administrative service providers.
    • Education information, such as level of education completed. We source this information directly from you. We use this information to process employment applications. We do not disclose this information to third parties.
    • Loyalty Data: : your data collected as part of the “House of Diesel” loyalty program, whose Regulation is available at the following link, and based on your engagement with the brand (e.g., social media “like”, “comment”, “share”, “save”, “follow Diesel’s official account”, “share photos on community platform”, “create Wishlist and e-store avatar” etc.);
    • Internet, technical or other similar network activity/navigation data, which may include usage and browsing history; device information, including device properties; network connection information, such as time zone; search history; information on your interaction with our Site, newsletters, or links; and error logs. We source this information directly or indirectly from you (e.g., from observing your actions on our Site). We use this information to fulfill or meet the reason you provided the information, or to improve our Site. We disclose this information for business purposes to administrative service providers, data analytics providers, and internet service providers. See paragraph 4 below and our Cookie Policy at http://diesel.com/shop/content/cookiepolicy for more information on the types of information we collect, how it is used, and how to opt-out.
    • Inferences drawn from other personal data, which may include a profile reflecting preferences, interests, characteristics, psychological trends, predispositions, behaviour, attitudes, intelligence, abilities, and aptitudes. We source this information directly or indirectly from you, (e.g., from observing your actions on our Site). We use this information to fulfill or meet the reason you provided the information, marketing, to provide more relevant products and services, and to improve our Site and services. We do not disclose this information to third parties.

    3. FOR WHAT PURPOSES WE PROCESS YOUR PERSONAL DATA

    In this paragraph we further explain for what purposes each category of data is processed by each Data Controller or Joint Controller.

    3.1 PURPOSES OF DIESEL USA Inc. (DIESEL)

    Diesel is the company that manages the e-commerce via the Site and the shop where you purchased a product and to which you have requested assistance services. In some cases, it may be necessary for Diesel to become aware of some information concerning you, to process specific requests you may have. Diesel will process Personal Data for the following purposes.

    a. Sales activities and response to other requests made by customers

    If you purchase Diesel products through the e-commerce service on the Site or in shops, Diesel will process your identifiers, contact data, biographical data, sales data and purchase data to conclude the sale, as well as for all activities strictly connected and related to it, such as delivery or other administrative and accounting obligations.

    Similarly, Diesel may need to verify the requirements for participating to special discount programs (e.g. verifying if the purchase made is a first purchase or other requirements of the regulation) and to process your identifiers, contact data, and biographical data to respond to any further requests that you may formulate through the Site or through the Customer Service, through telephone or chat, such as requests for information, assistance, or to be notified by email when a desired product or size becomes available again on the Site, through the “Notify Me” functionality.

    Legal basis: this processing is based on the performance of a purchase contract to which you are a party; the provision of the Personal Data listed above is necessary for this purpose, since otherwise Diesel will not be able to process your request.

    b. Sales related services

    Diesel may need to process your Biographical Data, Contact Data and certain Sales Data (tax code and/or VAT number, passport number and Global Blue card number) to manage your purchase when concluded by phone or other methods provided for by Diesel, or issue an invoice, should you request it. Moreover, these data will be processed also to re-contact you for reasons connected with your purchase, for example in case of complaints, to recall a faulty and/or unsafe product or, in general, for technical reasons, e.g., related to the management of problems with refused credit card payments and similar.

    Legal basis: this processing is based on the performance of a purchase contract to which you are a party; the provision of the Personal Data listed above is necessary for this purpose, since otherwise Diesel will not be able to process your request.

    c. After-sales services

    Diesel may collect your identifiers, contact data, and biographical data to process specific requests that you may formulate in the shop, during post-sales; for example, to arrange a repair, a customization, a home delivery or to manage a return.

    Legal basis: this processing is based on the performance of a purchase contract to which you are a party; the provision of the Personal Data listed above is necessary for this purpose, since otherwise Diesel will not be able to process your request.

    d. Loyalty program Registration

    The identifiers, contact data, purchase data, loyalty data and biographical data will also be collected by Diesel to manage your request to join the loyalty program (called “House of Diesel”, whose Regulation is available at the following link). These data will be processed to complete your membership and for all purposes strictly connected to it or instrumental, including – firstly – all the activities provided for in the loyalty program. Registration could take place: i) both online through the Site; ii) offline in the participating shops, by completing the application form present in electronic (tablet or another smart tool) format or through flyers (distributed in shops) with a special QR code, through which customers can join the program themselves via the Site, iii) through further official channels of Diesel S.p.A., (for example, but not limited to social networks such as Facebook, Instagram, WeChat etc.), or iv) through the Customer Service.

    All communications relating to the loyalty program may be made by Diesel via the Site, SMS, MMS, Wallet, e-mail, newsletter, social networks and/or any other official communication channel of Diesel. All these communications relating to the program itself are sent solely for the purpose of making available the benefits related to it and do not constitute marketing communications.

    Furthermore, by creating an account on the website in the reserved area, the User will become part of the Diesel’s loyalty program. If you wish to take advantage of the services available on the Site (e.g., purchase products) without joining the program, simply choose the “Guest” option where available (e.g., during checkout for payments).

    Legal basis: this processing is based on the performance of a contract for joining the loyalty program to which you are a party; the provision of the Personal Data listed above is necessary for this purpose, since otherwise Diesel will not be able to process your request.

    e. Participation in prize contests

    Diesel will be able to process your identifiers and biographical data to allow you to participate in prize contests that Diesel could organize. In certain situations, for example to proceed with the delivery of the prize, your contact data could also be processed. If participation in the contest requires further information, these will be requested to you upon release of a specific privacy policy.

    Legal basis: this processing is based on the performance of a contract for attending the relevant prize contest to which you are a party; the provision of the Personal Data listed above is necessary for this purpose, since otherwise Diesel will not be able to process your request.

    f. Marketing

    Diesel will process your identifiers, contact data, biographical data, and data collected in the shop for marketing purposes, that is for advertising on social networks to which you are registered or sending advertising or direct sales material, carrying out market research, commercial communication with automated contact methods (email, newsletter, SMS, MMS, online messaging platforms, etc.), asking for your consent, where required by applicable law.

    Legal basis: this processing is based, where required by applicable law, on the consent you have given via the appropriate opt-in disclosure.

    In the event that you are registered in the loyalty program and decide to withdraw your consent or opt-out to marketing, you will continue to receive communications relating to benefits (such as the Birthday or Anniversary Gift or preview access to the new collections and promotions only reserved to members). If, in addition to the withdrawal of consent or the opt out for marketing activities, you do not want to receive this kind of communication anymore, you will be asked to specify it. Any removal from the loyalty program will also result in the cancellation of your online account, if you have one.

    You can at any time withdraw your consent, when required by applicable law, or you opt out to receive the above-mentioned communications by clicking on the appropriate option in each marketing email received, as well as by writing to the address privacy@diesel.com, or otherwise by contacting the Company at the addresses indicated in paragraph 1.

    For recurring promotional text messages to you at the number provided also Terms & Conditions apply.

    g. Contact management – re-contacting the customer

    Diesel may need to use your Biographical Data and Contact Data in order to re-contact you in the post-sales process if necessary (by way of example but not limited to, re-contact may be required to deal with forgotten items in the shop, to return lost items etc.).

    Legal basis: this processing is based on the legitimate interest of Diesel in the pursuit of improving its performance and its relationship with the clients.

    3.2 PURPOSES OF DIESEL S.P.A

    Diesel HQs is the company that designs, sells and promotes the brand’s products “Diesel”. It is the company maintaining the contacts with you if you decide to participate in initiatives promoted by Diesel as prize competitions or other promotional initiatives; Diesel HQs is also the company managing the loyalty program that you can sign in. Diesel HQs will process Personal Data for the following purposes.

    a. Loyalty program Registration

    The identifiers, biographical data, and contact data will also be collected by Diesel HQs to manage your request to join the loyalty program (called “House of Diesel”, whose Regulation is available at the following link). These data will be processed to complete your membership and for all purposes strictly connected to it or instrumental, including – firstly – all the activities provided for in the loyalty program. Registration could take place: i)online through the Site; ii) offline in the participating shops, by completing the application form present in electronic (tablet or another smart tool) format or through flyers (distributed in shops) with a special QR code, through which customers can join the program themselves via the Site, iii) through further official channels of Diesel S.p.A., (for example, but not limited to social networks such as Facebook, Instagram, WeChat etc.), or iv) through the Customer Service.

    All communications relating to the loyalty program may be made by Diesel via the Site, SMS, MMS, Wallet, e-mail, newsletter, social networks and/or any other official communication channel of Diesel. All these communications relating to the program itself are sent solely for the purpose of making available the benefits related to it and do not constitute marketing communications.

    Furthermore, by creating an account on the website in the reserved area, the User will become part of the Diesel’s loyalty program. If you wish to take advantage of the services available on the Site (e.g., purchase products) without joining the program, simply choose the “Guest” option where available (e.g., during checkout for payments).

    Legal basis: this processing is based on the performance of a contract for joining the loyalty program to which you are a party; the provision of the Personal Data listed above is necessary for this purpose, since otherwise Diesel will not be able to process your request.

    b. Participation in prize contests

    Diesel HQs will be able to process your identifiers, biographical data and contact data to allow you to participate in prize contests that Diesel could organize. In certain situations, for example to proceed with the delivery of the prize, your contact data could also be processed. If participation in the contest requires further information, these will be requested to you upon release of a specific privacy policy.

    Legal basis: this processing is based on the performance of a contract for attending the relevant prize contest to which you are a party; the provision of the Personal Data listed above is necessary for this purpose, since otherwise Diesel will not be able to process your request.

    c. Marketing

    Only with your consent, Diesel HQs will process the identifiers, biographical data, contact data, commercial information, and contact data for marketing purposes, that is for advertising on social networks to which you are registered or sending advertising or direct sales material, carrying out market research, commercial communication with automated contact methods (email, newsletter, SMS, MMS, online messaging platforms, etc.) and traditional contact methods (mail).

    Legal basis: this processing is based on the consent you have given. In the event that you are registered in the loyalty program and decide to withdraw your consent to marketing, you will continue to receive communications relating to benefits (such as the Birthday or Anniversary Gift or preview access to the new collections and promotions only reserved to members). If, in addition to the withdrawal of consent, you do not want to receive this kind of communication anymore, you will be asked to specify it. Any removal from the loyalty program will also result in the cancellation of your online account, if you have one.

    You can at any time withdraw your consent to receive the above-mentioned communications by clicking on the appropriate option in each marketing email received, as well as by writing to the address privacy@diesel.com, or otherwise by contacting the Company at the addresses indicated in paragraph 1.

    d. Customer satisfaction

    Diesel may use your Contact Data to conduct surveys to measure the level of satisfaction (i.e., customer satisfaction) with the service provided (by way of example but not limited to: in-store post-sales surveys; online post-sales surveys; second hand gold shopping surveys etc.). Please note that in any case the communications made for this purpose will not have an advertising content, or direct sales or will be used for market research or commercial communication.

    Legal basis: this processing is based on the legitimate interest of Diesel to verify and improve the quality of its services.

    e. Other administrative-accounting activities

    Diesel may also process your Personal Data for administrative, accounting and internal statistical analysis for business planning purposes.

    Legal basis: this processing is based on the legitimate interest of Diesel to improve the quality of its services and business.

    3.3 PURPOSES OF THE JOINT DATA CONTROLLERS (DIESEL HQs AND OTB)

    Diesel HQs and OTB operate as joint controllers on the basis of a specific agreement for the purpose indicated below.

    a. Customer profiling

    With your consent, the Joint Data Controllers will be entitled to process identifiers, biographical data, contact data, commercial information, purchase data, loyalty data, the data collected in the shop, navigation data, and other similar network activity for profiling purposes and for business analysis, that is for analysis on your purchase preferences consisting of automated processing of the above mentioned Personal Data. This processing is aimed at analytically knowing or predicting your purchasing preferences, and also in order to create customer profiles and customize the commercial offer so that it is more in line with your preferences.

    Legal basis: this processing is based on the consent you have given.

    You will be entitled at any time to withdraw your consent to be subject to profiling by writing to privacy@diesel.com or otherwise by contacting the Joint Controllers at the addresses indicated in paragraph 1.

    3.4 PURPOSES OF ALL DATA CONTROLLERS (DIESEL, DIESEL HQs, OTB) OR JOINT DATA CONTROLLERS (DIESEL HQs ANDOTB)

    Finally, each Data Controller or Join Controller may need to comply with a specific legal provision to which it is subject or to defend its own right in court.

    a. Purposes related to the obligations established by laws or regulations, by decisions/requests of competent authorities or by supervisory and control bodies

    Each Data Controller or Joint Data Controller may process your Personal Data to comply with a legal obligation to which it is subject.

    Legal basis: compliance with a legal obligation.

    The provision of data for this purpose is mandatory because in the absence of data the Data Controller or the Joint Data Controller will not be in a position to comply with their legal obligations.

    b. Defense of rights during judicial, administrative or extra-judicial proceedings and in disputes arising in connection with the services offered

    Your Personal Data may be processed by each Data Controller or Joint Data Controller to defend their rights or take legal action or make claims against you or third parties.

    Legal basis: this processing is based on the legitimate interest pursued by the Data Controller or Joint Controller to protect their rights.

    4. COOKIES; WHAT PROCESSING ACTIVITIES WE CARRY OUT IF YOU’RE USING OUR WEBSITE AND YOU NAVIGATE WITHOUT BEING LOGGED IN

    The Site is owned by Diesel. It is possible to browse the Site without logging in. In this case, while browsing the Site, we inform you that the computer systems and software procedures used to operate the Site acquire, during their normal operation, some data whose transmission is implicit in the use of Internet communication protocols.

    This is information that is not directly associated with individuals, but which by its very nature could, through processing and association with data held by third parties, allow these users to be identified.

    This category of data includes the IP addresses or domain names of the computers used by users who connect to the Site, the addresses in URI (Uniform Resource Identifier) notation of the requested resources, information regarding access, information regarding location, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (successful, error, etc.), the information regarding the user’s visit including data clickstream of the URL, within and from the Site, the duration of the visit on some pages and the interaction on these pages and other parameters relating to the operating system and the user’s IT environment.

    These data are collected through the use of “cookies”. We specifically use browser cookies for various purposes, including cookies strictly necessary for the operation of the Site and the use of services through the appropriate features, and the cookies that are used for personalization, performance/analysis and promotional activities. Our Cookie Policy, available [http://diesel.com/shop/content/cookiepolicy], contains more information regarding the use of cookies on the Site, as well as the options for accepting or rejecting them.

    The data collected while browsing the Site will be processed to (i) manage the Site and resolve any operating problems, (ii) make sure that the content of the Site is presented in the most effective way for its devices, developing, testing and making improvements to the Site, (iii) as far as possible, to keep the Site safe and secure, (iv) to obtain anonymous statistical information on the use of the Site and to check its correct functioning, (v) identify anomalies and/or abuses in the use of the Site. The data could also be used to ascertain responsibility in case of possible computer crimes committed against the Site or third parties and may be presented to the Judicial Authority, if this makes an explicit request.

    5. WHAT HAPPENS IF YOU DO NOT PROVIDE PERSONAL DATA

    Some Personal Data that we will indicate you from time to time during the registration or purchase process are necessary for the completion of the purchase contract and for administrative and accounting purposes.

    In the description of the purposes in paragraph 3, we have specified when it is necessary to provide Personal Data. Where not expressly indicated as mandatory, therefore, the provision of Personal Data is optional and there will be no consequences if you do not provide them, unless it is impossible for the Data Controllers or Joint Controllers to act as described (for example, the impossibility to carry out marketing activities).

    6. HOW AND HOW LONG WE WILL PROCESS PERSONAL DATA

    The Personal Data provided to and/or collected by the Data Controllers or the Joint Controllers are processed and stored with automated tools and, in some cases, may be processed and stored on a paper backing. In particular, the Personal Data processed for purposes of marketing and of customer profiling will be entered and stored in the CRM systems that allow the processing of Personal Data for these purposes.

    The Personal Data will be stored for the time necessary to achieve the purposes for which they were collected. In particular, the following rules will apply:

  • data collected to enter into and perform purchase contracts on the Site or in shops, including payments: up to the conclusion of administrative and accounting obligations. The billing data will be kept for 10 years from the billing date;
  • data of the registered user for joining the loyalty program: the data will be kept as long as the account is active. Even after the termination of the account, we will retain the data if this will be necessary to comply with legal obligations, to protect our rights or to prevent fraud;
  • data related to data subjects’ requests: the data will be stored until the request is satisfied;
  • data collected and processed for customer satisfaction will be retained for 30 days;
  • if you have provided your consent, the data processed for purposes of marketing and customer profiling will be stored for a period of 7 years. In any case, you will not be contacted again for marketing and profiling activities 7 years after your last interaction with us or even earlier if you revoke the consent previously given. The events that identify this “interaction” may include, but are not limited to, a purchase, opening an email sent, participation in a survey, contest or event, interaction with Customer Service or a store, access to the “MyAccount” area, etc. For completeness, we would like to point out that, at any time, it is possible to review and modify your previously expressed consents in the “MyAccount” area of the Site, by contacting Diesel at privacy@diesel.com or the Customer Service.

    • In any case, for technical reasons, the termination of the processing and the consequent cancellation or irreversible anonymization of the related Personal Data will be definitive within thirty days from the terms indicated above.

    With particular reference to the judicial protection of our rights or in case of requests from the authority, the data processed will be stored for the time necessary to process the request or to protect the right.

    7. WHERE PERSONAL DATA MAY BE TRANSFERRED

    For the purposes indicated above, we may also transfer your Personal Data to Europe, in particular to Italy where OTB and Diesel HQS are seated.

    8. WHO WILL PROCESS PERSONAL DATA

    The Personal Data will be processed by:

    • employees and collaborators of the Data Controllers or of the Joint Controllers processing data under the authority of the Data Controllers or of the Joint Controllers;
    • employees and collaborators of the Data Processors designated by the Data Controllers or Joint Controllers, including (i) the companies managing the shops and the online store and who will be entitled to view, modify and update the Personal Data entered in the CRM systems through which the Data Controllers or the Joint Controllers carry out the processing activities for marketing and profiling purposes (ii) the companies managing the storage of the Personal Data of the Data Controllers or Joint Controllers based on agreements or local regulations;
    • third parties established in the European Union and also outside the European Union, Data Processors, used by the Data Controllers or Joint Controllers in particular for services of: personal data acquisition and data entry, shipping, mailing of promotional material, after sales assistance and Customer Service, market research, management and maintenance of the CRM systems through which the Data Controllers or Joint Controllers carry out processing activities for marketing and profiling purposes and of the other corporate information systems of the Data Controllers or Joint Controllers of the processing. The complete list of Data Processors appointed by the Data Controllers or Joint Controllers can be requested to the following email address privacy@diesel.com or writing to the postal addresses indicated above.

      • Personal Data may also be disclosed to third-party service providers, independent data controllers, in particular to freelancers or companies providing legal or tax advice and assistance and to companies managing payments made by debit or credit cards or for fraud prevention and management activities. Furthermore, in order to be able to offer you Klarna’s payment options, we will pass to Klarna certain aspects of your Personal Data, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you. General information on Klarna you can find here https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_us/privacy.Your personal data is handled by Klarnas as Data Controller in accordance with applicable data protection law and in accordance with the information in Klarnas’privacy statement.

      Our third-party service providers may also have access to the Personal Data of people who are not users of the Site based on information that you directly disclosed on the Site, in the following instances:

    • A User who purchases a product on the Site to be mailed to a friend;
    • A User who pays for a product on the Site who is different from the recipient of the product; or
    • A User who recommends a product on sale on the Site to a friend.

      • 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 Site, 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.

    9. COLLECTION FROM CHILDREN

    The Site is not intended for children under the age of 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 Site 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 customerservice@diesel.com and request that such data be removed..

    10. EXERCISING YOUR RIGHTS

    Pursuant to Chapter III of the GDPR, you have the right to ask each Data Controller or Joint Controller:

  • to access to your Personal Data;
  • to receive the copy of the Personal Data you provided us (so-called “data portability”);
  • the rectification of the Personal Data in our possession;
  • the erasure of any Personal Data in relation to which we no longer have any legal basis for processing;
  • the limitation of the way in which we process your Personal Data, within the limits set by the applicable law data protection law.

    • Right to object: in addition to the rights listed above, you always have the right to object at any time to the processing of your Personal Data carried out by the Data Controller or Joint Controller for the pursuit of its legitimate interest.

    You also have the right to withdraw, in whole or in part, the consent to the processing of Personal Data concerning you for the purpose of sending advertisements or direct selling or for carrying out market research or commercial communication with automated contact methods (email, other remote communication systems via communication networks such as, for instance: SMS, MMS, messaging platforms, etc.) and traditional contact methods (mail).

    If you prefer that the processing of your Personal Data is carried out solely through traditional contact methods, you can object to the processing of your Personal Data carried out through automated contact methods.

    The exercise of these rights, which can be done through the contact details indicated in paragraph 1, is not subject to formal constraints. In the event that you exercise any of the above mentioned rights, it will be the responsibility of the Data Controller or Joint Controller that you contacted to verify if you are entitled to exercise the right and to provide you with an answer, normally within a month.

    As regards the Joint Controllers relationship, please note that OTB and Diesel entered into a specific agreement pursuant to article 26 of the GDPR, an extract of which is available for consultation contacting each of the Joint Data Controllers using the contact details indicated under paragraph 1.

    If you believe that the processing of your Personal Data is carried out in breach of the provisions of the GDPR, you have the right to lodge a complaint with your local competent Data Protection Authority or to start the appropriate legal actions before the competent courts.

    To exercise your rights, you can send a request to the Data Controllers or Joint Controllers by writing to the addresses indicated in paragraph 1. The OTB, Diesel and Diesel HQ’s Data Protection Officer can be contacted at the email address dpo@otb.net.

    11. 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 in paragraph 1.

    As of January 1, 2020, you may be entitled to the below rights:

  • the right to know. You may request information about the categories and specific pieces of Personal Data we have collected about you over the last 12 months, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the sale or disclosure for business purposes of your Personal Data to third parties, and the categories of third parties with whom this information was shared. You may also request a copy of the Personal Data we have collected, and upon request, we will provide this information to you in electronic form;
  • the right to opt-out of the sale of your Personal Data to third parties. We do not sell your Personal Data at this time, and we do not sell the Personal Data of children under 16 years old;
  • the right to request deletion of your Personal Data, subject to certain legal exceptions; and
  • the right to not be discriminated against for exercising any of the rights mentioned above.

    • You can exercise your rights by contacting us using the details set out in paragraph 1. Whenever feasible for verification, we will match the identifying information provided by you to the Personal Data already maintained by us. If, however, we cannot verify your identity from the information already maintained by us, we may request additional information. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State and must have permission to submit requests on your behalf. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.

    12. HOW WE RESPOND TO DO NOT TRACK SIGNALS

    The “Do Not Track” (“DNT”) privacy preference is an option that may be made in some web browsers allowing you to opt-out of tracking by websites and online services. At this time, global standard DNT technology is not yet finalized and not all browsers support DNT. We therefore do not recognize DNT signals and do not respond to them.

    13. THIRD-PARTY ADVERTISING

    We may use advertisers, third-party ad platform, tracking technologies and other advertising companies to serve advertisements on the Site and to improve the performance of our advertising across the Internet. Please be advised that such advertising companies may gather Personal Data about your visit to our Site 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 https://optout.networkadvertising.org/?c=1 here and DAA website here https://optout.aboutads.info/?c=2&lang=EN.

    14. LINKS TO THIRD-PARTY WEBSITES

    Our Site contain links to other third party websites. We are not responsible for the privacy practices or the content of such third party websites. To better protect your privacy, we recommend that you review the privacy policy of any third party website you visit.

    AGAIN, PLEASE NOTE THAT THIS PRIVACY STATEMENT DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH THIRD-PARTY WEBSITES AND ADVERTISERS.

    15. SECURITY

    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 Site. 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 data security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Site or providing Personal Data to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. We may post a notice via the Site 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 Site 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.

    16. CHANGES TO OUR PRIVACY STATEMENT

    We reserve the right to amend all or part of our Privacy Statements from time to time. The version published on the Site is the version currently in force. Changes to our Privacy Statements are communicated by placing a notice on the Site stating “Revised Privacy Statement(s).” Changes to our Privacy Statements will be effective immediately once published on the Site unless otherwise noted. If we make material changes to our Privacy Statement, we will notify you by prominently posting the changes on our Site as described or by using the contact information you have on file with us. Your use of the Site 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.

    17. DISPUTES, AGREEMENT TO ARBITRATE, AND CHOICE OF LAW

    By using the Site, you and we agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site, 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).

    18. ASSIGNMENT

    We may share or transfer your information in the course of any direct or indirect reorganization process including, but not limited to, mergers, acquisitions, divestitures, bankruptcies, and sales of all or a part of our assets. Your information may be shared following completion of such transaction and/or during the assessment process pending transfer. If transferred in such a case, your information would remain subject to this Privacy Statement or a privacy policy that, at a minimum, protects your privacy to an equal degree as this Privacy Statement.

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    Diesel S.p.A. will be able to process identifiers, biographical data, contact data and commercial information for advertising activities on the social networks to which I am subscribed or sending advertising or direct sales material, carrying out market research, sending commercial promotions and discounts reserved to customers, commercial information - possibly also customized - with automated contact methods(email, newsletters, SMS, MMS, messaging platforms, etc.) and traditional contact methods (mail). No purchase necessary.
    FOR DIESEL ONLY: we remind you that by joining the loyalty program, if you do not give the marketing consent, you will not receive any promotional communications but you will receive service communications concerning benefits to which you are entitled due to your registration to the loyalty program. You can at any time withdraw your consent to receive the above-mentioned communications by clicking on the appropriate option in each email received, as well as by writing to the address privacy@diesel.com or otherwise contacting Diesel S.p.a. at the addresses indicated at paragraph 1 of the information notice.

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    the Joint Data Controllers will be able to process the biographical data, the contact data, the sales data, the data collected in the shop, the purchase data, the loyalty data and the navigation data for profiling purposes, or for analysis on your purchasing preferences consisting of automated processing of the above mentioned data. This processing is aimed at analytically knowing or predicting your purchasing preferences in order to create customers profiles, and customize commercial offers so that it is more in line with your preferences. You can at any time withdraw your consent to be subject to profiling by writing to the address privacy@diesel.com, privacy@otb.net or otherwise contacting the Joint Controllers at the addresses indicated at paragraph 1 of the Privacy Statement.