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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:
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:
You are a passive user (“Passive User”) when you visit any and all websites and applications without registering.
The companies collecting and processing personal data as autonomous data controllers (hereinafter the “Data Controllers” or the “Companies”) or as joint controllers are:
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
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.
In this paragraph we further explain for what purposes each category of data is processed by each Data Controller or Joint Controller.
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.
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.
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.
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.
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.
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).
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:
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.
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.
The Personal Data will be processed by:
