POLÍTICA DE COOKIES

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.

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 wil