The offer and sale of Products with the brands "DIESEL" and "DIESEL BLACK GOLD" (the "Products"), ownership of the company DIESEL S.p.A., with registered offices in Italy, via dell'Industria 4-6, Breganze 36042, registered at the Trade and Business Registry, tax identification and VAT no. 00642650246, share capital 22,500,000.00, fully paid-up ("Diesel" or the "Seller"), diesel.com web Site (the "Site") are governed by these general terms and conditions ("General Terms and Conditions"). The Products are purchased on diesel.com, as detailed in the remainder of these General Terms and Conditions. Each user of the Site may request any information to persons employed in the customer service department, by applying directly to the Seller’s Customer Care through the contacts listed in the "Customer Care" area of the Site. Each user who purchased Products off the Site, may also obtain information about orders and shipments, and reimbursement and returning of the same. The users have the right to contact the Seller by e-mail at the following email address: onlinecustomerservice@diesel.com.
For further legal information the user is encouraged to refer to the sections of the Site relevant to each specific request.

1. THE BUSINESS POLICY OF THE SELLER

1.1 The Seller offers Products for sale on the Site and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers" ("Buyers" and each of them "Buyer"). The term "Consumer" shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any Products on the Site; Consumer means the person who enters into a contract in the exercise of such activities or for a purpose connected to this.


1.2 If the user, potential Buyer, does not fall under the legal definition of "Consumer" but, on the contrary, can be qualified as a professional and therefore does not act as defined in Article 1.1, the same is advised to refrain from entering into commercial transactions on the Site.


1.3 In view of its commercial policy, the Seller reserves the right not to process orders from users who are not “Consumers” and/or, however, any other order which does not comply with its trade policy and/or is not in line with the provisions hereinafter.


1.4 These General Terms exclusively regulate the offer, transmission and acceptance of purchase orders relating to Products purchased on the Site by the Buyers (the "Order") and thus regulate the relationship between each Buyer and Seller. With regard to the Seller's return policies, please consult the relevant section of this Site. 


1.5 These General Terms and Conditions do not regulate the supply of services or the sale of Products performed by third parties other than the Seller who is given visibility on the Site through links, banners or other hypertext links. Before submitting orders and purchasing Products and services from these third parties, we recommend that the Buyers carefully verify the terms and conditions of sale of the latter, since the Seller shall under no circumstances be deemed liaible for the supply of services and/or sale of Products provided by third parties and/or, in general, the execution of e-commerce transactions between the users of the Site and third parties.

 

2. HOW TO ENTER INTO A CONTRACT WITH THE SELLER

 

2.1 The Buyer, in order to conclude the contract with the Seller to place an order for the purchase of one or more Products on the Site (the "Contract"), will proceed by filling out the Order Form in electronic format, to be displayed to the Buyer and by forwarding this form to the Seller immediately before the conclusion of the Contract (the "Order"), electronically, following the instructions that will be reported in the different driving phases at the conclusion of the Contract.

2.2 2.2 Before proceeding with the purchase of the Products, via the transmission of the Order Form, the Buyer will be asked to carefully read the Terms and Conditions and the clause relating to the right of withdrawal by the Buyer, together with the provisions on the same, under these Terms and Conditions in the paragraph "Conditions for the exercise of the right of withdrawal" and in the section dedicated to the same on this Site.  Furthermore, the Buyer will be presented with a list of the commercial and contractual conditions proposed by the Seller for the purchase of Products, which contain a cross reference to the General Conditions together with a summary of the data shown subsequently: main characteristics of each product - object of the Orders - with an indication of the selling price (inclusive of all applicable taxes and fees); methods of payment which the Buyer may use to purchase the Products; methods of delivery of the Products; methods of processing and handling of complaints by the Seller; shipping costs and delivery of the Products; references and geographical address and e-mail of the Seller; the date by which the Seller agrees to deliver the Products.The Seller will also provide the Buyer with a summary of the conditions and procedures for exercising the right of withdrawal and the procedures and delays for returning the purchased Products (which will be provided by the Seller in the package in which the Products ordered will be delivered to the Buyer). In any case, the Buyer is reminded of the existence of the legal guarantee of conformity of the Products and the contact details of the Seller's after-sales service as well as the possibility of using the independent and institutional conciliation service, the so-called "RisolviOnline” (online resolution), provided by the “Camera Arbitrale della Camera di Commercio di Milano (MI)” (Arbitration Board of the Chamber of Commerce of Milan)

2.3 The Order Form will provide brief information about the main characteristics of each product purchased, its price (including all applicable fees and taxes) and shipping costs (including any additional costs incurred for having opted for a specific type of shipment and different and/or faster delivery than that defined by the Seller as "standard"). The Contract is deemed formed upon the issue of confirmation by the Seller, electronically, of the Order Form but only after the Seller will have verified the correctness of all the information contained therein relating to the Order made by the Buyer.

2.4 Once received by the Seller, the Order Form will be filed in the Seller’s database for the time required to process the Orders and in any case always in accordance with the law. The Buyer may access the Order Form, referring to "My order” section.

2.5 When submitting the Order Form, the Buyer will be notified that such submission implies the obligation to pay the price quoted. Before submitting the Order Form, the Buyer will be required to identify and correct any errors related to personal details.

2.6 English is the language used for executing contracts with the Seller.

2.7 At the conclusion of the Contract, the Seller will process the order to execute the contract thereof.

2.8 When filling in the Order Form, the Buyer will have the possibility to select a service called "Click & Collect". Therefore, if the Product is available at a Point of Sale (as defined in art. 5.1 of these Terms and Conditions) on the date of filling in the Order Form, the Buyer may collect it directly at that Point of Sale. The collection may already take place as soon as the Buyer has received the notification, by e-mail, that the purchase has been successful, without prejudice to the provisions of paragraph 5 of these Terms and Conditions

2.9 The Seller may not process orders that do not provide sufficient guarantees of solvency and / or which are incomplete or incorrect, or in the event that Products ordered are no longer avaiable. In the above cases, the Seller will inform the Buyer by e-mail, that the Contract may not be fulfilled and therefore the Seller can not carry out the Order, specifying the reasons. If the Products, presented on the Site, are no longer available or on sale at the time of the Buyer's last access to the Site or at the time the Order Form is sent, the Seller shall promptly notify the Buyer, by e-mail and in any case within thirty (30) calendar days from the day following the date of transmission of the Order, of any unavailability of the Products covered by the Order.  In these cases, if the Buyer had already submitted the Order Form and paid the relevant price, the Seller will refund the Buyer the amounts paid by the latter and the Contract will be terminated. The Seller will not be required to reimburse any other amount to the Buyer, for any reason.

2.10 By submitting the Order Form, the Buyer automatically accepts unconditionally and agrees to observe the General Terms and Conditions during its relationship with the Seller. If Buyer does not agree with any of the terms in the General Conditions, it is asked to refrain from forwarding the Order Form.

2.11 By submitting an Order Form the Buyer expresses its acknowledgment and acceptance of the General Terms and Conditions as well as any further information of any kind contained on the Site, even if referred to through links, by way of example: the conditions of Use, the Privacy Policy and the information on the right of return.

2.12 Once the Contract has been entered into, the Seller will send to the Buyer through electronic mail a confirmation receipt of the Order, inclusive of the General Terms and conditions and a summary on the right of return, thus, all the information already included in the brief document on sales and contractual conditions, which the Buyer will have reviewed before purchasing the Products.

3. GUARANTEE AND PRODUCT PRICE

3.1 Only original Products are offered for sale on the Site.

3.2 The Seller does not sell second-hand Products on the Site, products not in conformity, flawed Products and/or otherwise Products that fail to meet the quality standards in the than the corresponding market.

3.3 The main characteristics of the Products are shown on the Site on each "product" page. The images and colors of Products offered for sale on the Site may not correspond to the real ones for reasons which can not be attributed to the Seller and, in any case, due to the Internet browser or any device used by the Buyers; Diesel expressly disclaims all responsibility.

3.4 The prices of Products might be subject to updating. It is the responsibility of the Buyer to check and confirm that they wish to pay the final selling price of the Product to be purchased, prior to completing and forwarding the relevant Order Form.

3.5 The purchase requests from Countries not included among those displayed under the section"Select Your Country" will not be accepted by the Seller.

3.6 The Seller, in case of exercise of the right of return by the Buyer has the right to not accept returned Products or to not fully repay the amounts paid by the Buyer to purchase Products that, upon return, lack the corresponding price tag and / or whose essential and / or qualitative characteristics were altered and / or that display any kind of damage.

4. PAYMENTS

4.1 For the payment of prices of Products and relevant shipping and delivery costs, the Buyer may choose between one of the procedures indicated on the Order Form. In no event costs higher than those actually charged to the Buyer and those effectively incurred by the Seller shall be charged to Buyers in connection with the payment method chosen.

4.2 In case of payment by credit card, all financial information (for example, the credit / debit card number or the expiration date) will be sent by encrypted protocol to third parties, which provide remote electronic payment services, without third parties to have any access thereto. This information will not be used by the Seller except for performing the procedure relevant to the proper fulfillment of the Order and for issuing refunds in case of any refunds of Products, as a result of exercising the right of return on the part of the Buyer, or if it becomes necessary to prevent or report to the police fraud on the Site. In any case, all personal data provided by the Buyer will be processed by the Seller in compliance with the applicable legislation, as provided in the "Privacy Policy" section.

4.3 The price for the purchase of Products and the shipping costs, as indicated in the Order Form, will be charged to the Buyer’s bank account upon shipment of the Products purchased.

4.4 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

Further information and Klarnas user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

5. PRODUCT SHIPPING AND DELIVERY

5.1The shipping costs for the delivery of the purchased Products are fully borne by the Buyer, unless the Seller has implemented, at its discretion, a promotion on a date prior to the forwarding of the Order Form, duly communicated through the Site. 

5.2 The Buyer may, at his/her discretion, decide to either receive the Products he/she has purchased at an address of his/her choice or to collect the Products purchased from a single-brand store of the "DIESEL" brand in the country of purchase, if such store is managed directly by Diesel ("Store") and selected from the ones indicated on the Site (the so-called "Click & Collect" service). If the Buyer opts for delivery at a retail store, he/she will be informed of the Product’s arrival at the store by e-mail. If the Buyer has opted for such a service, "Click & Collect" he/she will be able to collect the Products starting from the day on which he/she has received an e-mail confirmation from the Seller that the Product is ready for collection (therefore, potentially, also the day on which the Buyer made the purchase) and up to 7 (seven) calendar days thereafter, including the day on which the purchase was successful.
When the Buyer goes to the Point of Sale to collect the Products purchased, he/she must provide the sales assistant with (i) a copy of the e-mail confirming the shipment of the Order, (ii) a valid identity document on the date of collection. If the documents referred to in points (i) and (ii) above are not provided, the sales assistant will not be able to proceed with the delivery of the Products.
In both the above mentioned cases, if the Products subject to the Order are not collected within the aforesaid term of 7 (seven) calendar days, the Contract will be considered, to all intents and purposes, automatically terminated. Consequently, it will no longer be possible to collect the Products, which will be returned to the Seller, by the staff of the chosen Store. As a result of the termination of the Contract, the Buyer will be refunded the sums paid, in the time and manner indicated by the Seller, with the understanding that the Seller may retain, from the sums to be refunded, a contribution equal to the shipping costs incurred by the latter for the delivery of the purchased Products. 

5.3 If the Buyer appoints another person to collect the Products at the Retail Store, this person must present, in addition to the e-mail confirming the shipment of the Order, a copy of the personal identification document of the Buyer along with the authorisation granted and his/her own personal identification document. Payment cannot be made at the Retail Store. Therefore, cash-on-delivery is not provided as a payment method if the Buyer chooses delivery at the Retail Store.If the Buyer chooses the Click and Collect delivery method, delivery times and costs will be the same as those that apply to deliveries to the address indicated by the Buyer, unless the purchased Product is already available at the Point of Sale on the date the Order Form is sent.  For specific product shipping and delivery procedures of the Products at the address indicated by the Buyer or at the selected Retail Store, the Buyer must access the Site section entitled "Customer Service". Please pay attention to the information provided in this section in that it represents an integral and essential part of these General Terms and Conditions and, therefore, such is deemed to be completely understood and accepted by the Buyer when the Order Form is transmitted.

6. CUSTOMER CARE

6.1 The Buyer may request any information through the support services of the Seller. For further clarification, reference is made to the Customer Service area.

6.2 The Buyer may, at his/her discretion, contact the Seller's Customer Service by telephone - or by other means of contact, if indicated by the Seller - and ask the operator to place the Order in the name and on behalf of the Buyer. In this case, the Buyer will be informed by e-mail that the purchase has been successfully completed and that the Order will be processed. If the Buyer does not receive the above mentioned confirmation e-mail, it will be the Buyer's responsibility to point out the problem to Customer Service and make a further request to have the e-mail resent. In any case, the Seller cannot be held liable whenever the confirmation e-mail is not received at the e-mail address indicated by the Buyer (for any reason whatsoever) or, in general, if the Buyer does not inform the Seller promptly about the non-receipt of the confirmation e-mail. For all that is not further specified in this art. 6.2, the provisions set forth in these Terms and Conditions and, in general, on the Site shall apply to the processing of the Order as well as to its subsequent phases.  

7. GOVERNING LAW AND DISPUTES RESOLUTION

7.1 The General Terms and Conditions are governed by the English law and in particular by Legislative Decree no. 206 of 6 September 2005 on consumer code in Chapter I "Rights on consumer contracts” with specific reference to legislation on distance selling contracts, and by Legislative Decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.

7.2 In the event of disputes between the Seller and the Buyer, arising from the General Terms and Conditions, the Seller guarantees full approval and acceptance of the conciliation service “RisolviOnline”. "RisolviOnline" is an independent and institutional service provided by the local Chamber of Arbitration of the competent Court, which allows one to reach a satisfactory agreement, with the help of a competent and neutral conciliator, in a peaceful and safe manner,via the Internet. For more information on the "RisolviOnline" rules or to submit a request for conciliation, access "RisolviOnline.com".

7.3 Furthermore, it is acknowledged that the European Commission provides a platform for the out-of-court alternative resolution of disputes, accessible on http://ec.europa.eu/odr.

8. AMENDEMENTS AND UPDATES

These General Terms and Conditions may be amended by the Seller from time to time, in light of possible legislative changes, without the need for prior communication to the Buyer, who will be required to constantly check the information contained on the Site. The updated version of the Terms and Conditions will become effective from the moment of publication on the Site, and this applies to all its subsequent amendments and additions. The Buyer is expected to comply with them. Therefore, it will be the Buyer's responsibility to constantly monitor the Site and inform himself/herself about any changes and/or additions to these Terms and Conditions, as well as any changes and/or additions to any other provision on the Site governing the relationship between the Buyer and the Seller at all stages

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INFORMATION NOTICE ON THE PROCESSING OF PERSONAL DATA PURSUANT TO ARTICLES 13 AND 14 OF EU REGULATION 679/2016 (“GDPR”)

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;
  • visiting the website www.diesel.com (hereinafter the “Site”) and/or the other websites referring to the brand, interacting with our pages on the social networks (eg. Facebook, Twitter, Instagram, Tik Tok, We Chat, Tmall etc.).

1. WHO COLLECT 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”), 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 (LONDON) Ltd., (“Diesel Affiliate”), with registered office in 4-26 Britannia Street London WC1X 9JD, United Kingdom, telephone 0207 833 2255, email reception_UK@diesel.com.

OTB and Diesel 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 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.

Please consider that said processing activities are not intended for minors and the Data Controllers do not knowingly collect or solicit personal data from anyone under the age of 16. If you are less than 16 years old, please refrain from provide any personal data. This does not affect the applicable contract law such as the rules on the validity, formation or effect of a contract in relation to a child.

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 (hereinafter also “Personal Data” if processed jointly).

  • Biographical Data: name, middle name, surname, date of birth, gender;
  • Contact Data: address of residence (street, city, province, state, zip code), domicile, email address, telephone number, mobile number;
  • Sales Data: shipping and billing address, method of delivery and payment, name of the credit card holder and expiry date of the card, information requested by the Customer Service, VAT number and/or tax code, passport number (the passport number will be used only for purposes related to payment where required by a law and within the limits of that law), Global Blue card number;
  • Tracking of Newsletters and Actions Data: information relating to the opening of newsletters or links
  • Data collected in the shop: birthday, presumed age group, in some countries the social network ID, gender, method and date of registration, store and sales assistant preferences, language, product categories of interest, methods of use services, preferences on services possibly noted in the shop, redemption campaign, events attendance, other brands purchased, products tried in the dressing room but not purchased;
  • Data collected in the shop: birthday, presumed age group, in some countries the social network ID, gender, method and date of registration, store and sales assistant preferences, language, product categories of interest, methods of use services, preferences on services possibly noted in the shop, redemption campaign, events attendance, other brands purchased, products tried in the dressing room but not purchased;
  • 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.);
  • Navigation Data: data relating to browsing behaviour and/or use of the websites of the Data Controllers using, for example, cookies or information relating to the pages that have been visited or searched for or related to the wishlist collected while browsing or when shopping on the online store. As for the use of cookies, please refer to the Cookie Policy available at the following [http://diesel.com/shop/content/cookiepolicy].

3. FOR WHAT PURPOSES WE PROCESS YOUR PERSONAL DATA

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

3.1 PURPOSES OF DIESEL S.P.A.

Diesel 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 purchase the products through the Site or other websites controlled by Diesel or through other methods provided for by Diesel itself, if you participate in initiatives promoted by Diesel as prize competitions or other promotional initiatives; Diesel is also the company managing the loyalty program that you can sign in. Diesel will process Personal Data for the following purposes.

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

If you purchase Diesel’s products through the e-commerce service on the Site or through other methods provided for by Diesel itself, Diesel will process your Biographical Data, Contact 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, where the service is available in-store collection and in-store returned, 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 Biographical Data or Contact 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) Loyalty program Registration

The Biographical Data, Contact Data, Purchase Data and Loyalty 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) 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 Site 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.

c) Participation in prize contests

Diesel will be able to process your Biographical Data to allow you to participate in prize contest 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.

d) Marketing

Only with your consent, Diesel will process the Biographical Data, Contact Data and Purchase 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 (e-mail, 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 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.

e) 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.

f) 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.

3.2 PURPOSES OF THE JOINT CONTROLLERS (DIESEL AND OTB)

Diesel 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 Controllers will be entitled to process Biographical Data, Contact Data, Sales Data, the Data collected in the shop, the Purchase Data, Loyalty Data, Tracking of Newsletters Data and Actions Data and the Navigation Data 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 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.

3.3 PURPOSES OF DIESEL AFFILIATE

Diesel Affiliate is the company that manages the shop where you purchased a product, possibly by phone or other methods provided for by Diesel Affiliate, and to which you have requested assistance services. In some cases, it may be necessary for Diesel Affiliate to become aware of some information concerning you, to process specific requests you may have. Diesel Affiliate will process Personal Data for the following purposes.

a. Sales related services

Diesel Affiliate 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 Affiliate to 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 contract to which you are a party; the provision of the Personal Data listed above is necessary for this purpose, since otherwise Diesel Affiliate will not be able to process your request.

b. After-sales services

Diesel Affiliate may collect your Biographical Data and Contact 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 contract of which you are a part; the provision of the Personal Data listed above is necessary for this purpose, since otherwise Diesel Affiliate will not be able to process your request.

c. Contact management – re-contacting the customer

Diesel Affiliate 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 Affiliate in the pursuit of improving its performance and its relationship with the clients.

3.4 PURPOSES OF ALL DATA CONTROLLERS OR JOINT CONTROLLERS

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 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 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 Controller to defend their rights or take legal action or make claims against you or third parties, including the prevention of frauds.

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

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

The Site is owned by Diesel. It is possible to browse the Site without having to actively communicate your Personal Data if you are not logged 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 identified users, 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, if not the impossibility 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, including payments: up to the conclusion of administrative and accounting obligations. The billing data will be kept for 7 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. (also according to an ad hoc provision provided for by the Italian Supervisory Authority upon Diesel’s request). 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 third countries, not belonging to the European Union, which may possibly do not guarantee the same level of protection. The transfer to third countries will always take place in accordance with the provisions of the GDPR, adopting any other measures necessary to ensure the security of the personal data being transferred. These measures possibly include agreements incorporating the so-called “standard contractual clauses” issued by the European Commission or your consent. You can ask for information regarding these third countries and how to obtain a copy of the appropriate safeguards using the following email: privacy@diesel.com or the contact details indicated in paragraph 1.

8. WHO WILL PROCESS PERSONAL DATA

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 parties, 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 information, 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.

Personal Data will not be disseminated in any way.

9. 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”) and to have data transmitted to another controller, if technically possible;
  • 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 have the right to object to direct marketing, which includes profiling. 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.

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 (e-mail, other remote communication systems via communication networks such as, for instance: SMS, MMS, messaging platforms, etc.) and traditional contact methods (mail).

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 (whose contact details can be found here: https://edpb.europa.eu/about-edpb/about-edpb/members_en) 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 and Diesel’s Data Protection Officer can be contacted at the email address dpo@otb.net.

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Marketing

Diesel S.p.A. will be able to process Biographical Data and Contact and Purchase Data 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 (e-mail, newsletters, SMS, MMS, messaging platforms, etc.) and traditional contact methods (mail).
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, privacy@otb.net or otherwise contacting Diesel S.p.a at the addresses indicated at paragraph 1 of the information notice.

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The Joint 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, Tracking of Newsletters Data and Actions 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 also in order to create customers profiles, and customize the commercial offer 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 information notice