The offer and sale of Products with the brands "DIESEL" and "DIESEL BLACK GOLD" (the "Products"), ownership of the company DIESEL SpA, with registered offices in Italy, via dell'Industria 4-6, Breganze 36042, Iscr. Reg. Imp., C. F. and VAT n. 00642650246, Cap. Soc., 22,500,000.00, int. vers. ( "Diesel" or the "Vendor"), www.diesel.com web Site (the "Site") are governed by these general terms and conditions ("General Terms"). The purchase of the Products on diesel.com is detailed in the remainder of these General Terms. Each user of the Site may request any information to persons employed in customer services, applying directly to the Vendor Customer Care through the contacts listed in the "Customer Care" of the Site. Each user, when it has proceeded to the purchase of Products on Site, may also obtain information about data privacy, orders, shipments, reimbursement and returning of the same. It also recalls the right of users to contact the Vendor, even by e-mail to 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

1.1 The Vendor 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, contrary, can be qualified as a professional and therefore does not act as defined in Article 1.1, is advised to refrain from entering into commercial transactions on the Site.

1.3 In view of its commercial policy, the Vendor 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 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 Vendor.

1.5 The General Terms do not regulate the supply of services or the sale of Products performed by third parties other than the Vendor who is given visibility on the Site through links, banners or other hypertext links., before sending orders and purchasing Products and services from those third parties, we recommend to the Buyers to carefully verify the terms and conditions of the latter, since the Vendor shall under no circumstances be deemed liable 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 EXECUTE A CONTRACT WITH THE VENDOR

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

2.2 Before proceeding with the purchase of Products, through the submission of the Order Form, the Buyer will be asked to carefully read the General Conditions and the clause relating to the right of return. It will also provide the Buyer a list of the commercial and contractual conditions proposed by the Vendor for the purchase of Products, which contain a cross reference to the General Conditions together with a summary of the data shown below: main characteristics of each product - the subject 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 Vendor; Shipping costs and delivery of the Products; references and geographical address and e-mail; the date by which the Vendor agrees to deliver the Products. The Vendor shall also provide to the Buyer a summary of conditions and procedures for exercising the right of return and the manner and the time frame for returning the purchased Products (drawn from the special made paper form which will be provided by the Vendor in the package where the subject of Order Products) will be delivered. It will be also given evidence to the Buyer of the circumstances in which decay to its right to terminate the Contract. When all the conditions to proceed with the exercise of this right of return, the Buyer will be charged the costs of returning the Products being made. It is, however, reminded the Buyer the existence of the legal guarantee of conformity of the Products and will be provided to the service contact references of after-sales service of the Vendor and also with the possibility (but not the obligation) of using the conciliation, independent service and institutional, cd. "RisolviOnline", provided by the Chamber of Arbitration of the Chamber of Commerce of Milan (MI).

2.3 In the Order Form will be provided 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 requiered for having opted for a different specific type of shipment and delivery and / or more rapid than that defined by the Vendor as a "standard"). The Contract is deemed completed and a contract to the receipt by the Vendor, electronically, the Order Form and only after the Vendor shall have verified the correctness of all the information contained therein relating to the Order made by the Buyer.

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

2.5 At the time of 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 of his personal details.

2.6 Romanian is the language used for executing contracts with the Vendor.

2.7 At the conclusion of the Contract, the Vendor will process the order to proceed evasion thereof.

2.8 The Vendor may not process orders that do not provide sufficient guarantees of solvency and / or which are incomplete or incorrect, or in the event ordered Products are no longer avaiable. In the above cases, the Vendor will inform the Buyer by e-mail, that the Contract may not held to be concluded and therefore the Vendor can not carry out the Order, specifying the reasons. In the event the Products displayed on the Site, are no longer available for sale at the time of the Buyer's last access to the Site or at the time the Order Form has been received, the Vendor will promptly inform and in any case within thirty (30) days from the day after the date of receipt of the Order of the unavailability of Products included in the Order itself. In these cases, if Buyer has already submitted the Order Form and paid the appropriate price, the Vendor will refund the Buyer the amounts paid by the latter and the Contract will be terminated. The Vendor shall not be required to reimburse any other amount, for any reason, the Buyer.

2.9 By submitting an Order Form, the Buyer automatically accepts and agrees the General Conditions completely, and to observe all the general conditions on the Site. If Buyer does not agree with any of the terms in the General Conditions, it is asked to refrain after forwarding the Order Form.

2.10 By submitting an Order Form the Buyer declares to know and accepts the General Conditions and the further information of any kind contained on the Site, even if they are connected to links, by way of example: the conditions of Use, the Privacy Policy and the information on the right of return.

2.11 Upon submission of an Order Form, the Vendor will send the Buyer the purchase order receipt e-mail, containing the General Conditions and the summary of the document on the right of return and, therefore, all the information already contained in the summary of the terms and conditions and contract which will see the Buyer before purchasing the Products.

3. GUARANTEES AND PRODUCT PRICE INDICATION

3.1 On the Site are offered for sale only original Products.

3.2 The Vendor does not sell second-hand Products on the Site, flawed Products and / or otherwise Products of lower quality standards than the corresponding market standards.

3.3 The main characteristics of Products are shown on the Site within 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 Vendor and, in any case, due to the Internet browser or any device used by the Buyers; Diesel from now expressly disclaims any responsibility.

3.4 Prices of Products might be subject to updatings. It is care of the Buyer to verify the final selling price of the Product to be purchased prior to complete and forward the relevant Order Form.

3.5 The purchase requests from countries not included among those displayed under the section "Select Your Country" shall not be accepted by the Vendor.

3.6 The Vendor, in case of exercise of return rights by the Buyer has the right to not accept returned Products or not fully repay the amounts paid by the Buyer to purchase those Products that, upon return, prove without the corresponding tag and / or that have been altered from their essential characteristics and / or qualitative and / or have been damaged in any way.

4. PAYMENTS

4.1 For the payment of the Products prices 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 incurred by the Vendor shall be charged to Buyers in connection with the payment provider.

4.2 In case of payment by credit card, all financial details (for example, the credit / debit card number or the expiration date) will be sent by encrypted protocol to third parties, which provide its remote electronic payment services, without third parties, having any access thereto whatsoever. Such details will not be used by the Vendor 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 Buyer, or if it becomes necessary to prevent or report to police the commission of fraud on the Site. In any case all personal data provided by the Buyer will be processed by the Vendor, in compliance with the applicable legislation, as provided in section Site "Privacy Policy."

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

5. SHIPPING AND DELIVERY OF THE PRODUCTS

5.1 The Buyer, discretionally, decides to receive the purchased Products at his chosen adress, or to withdrawal the purchased Products from a Retail Store"DIESEL" in the country of purchase, if that store is managed directly from Diesel ("Retail Store") and selected from those listed on the Site. If the Buyer opts for the delivery at a retail store, he will be informed of the Products arrival at the store by email. In this case the Buyer shall collect the Products presenting retail store for the chosen, no later than twenty (20) working days after that communication by the Vendor. In the event of non-withdrawal of the ordered Products within this above mentioned term of twenty (20) working days, the Contract shall be deemed, for all purposes, automatically terminated. Consequently, can not longer be the return of Products, which will be returned to the Vendor, by the sale of selected Retail Store. As a result of the Contract, the Buyer will be reimbursed of the sums paid, within the time frame and in the manner that will be indicated by Diesel. When the Buyer will go to the Retail Store for the return of purchased Products, he shall show the sales assistant a copy of the Order shipping confirmation as well as a valid personal identification document.

5.2 If Buyer delegates another person to collect the Products at the Retail Store, that person must present, in addition to the e-mail delivery of the Order Confirmation, a copy of the Buyer's identification document and the authorization granted by the latter, which entitles him/her to collect the order and his personal identidication document. Please remember that it is not possible to pay by the Retail Store. Therefore, it is not provided the cash-on-delivery option, in case the buyer chooses the delivery by the Retail Store. If the Buyer chooses the delivery by a Retail Store, the timing and delivery costs will be the same as those provided for the deliveries at the address indicated by the Buyer. 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 shall access to the Site section called "Customer Service". Please pay attention to the information in that section because the information contained therein are an integral and essential part of these General Conditions and, therefore, you will feel completely understood and accepted by the Buyer at the time of the Order Form Transmission.

6. CUSTOMER CARE

6.1 The Buyer may request any information through the support services activated by the Vendor. For further clarification it is advisable to access the Customer Service area.

7. GOVERNING LAW AND DISPUTES RESOLUTION

7.1 The General Conditions are governed by Italian law and in particular by Legislative Decree no.206 of 6th September 2005 on consumer code in Chapter I ° "Of consumer rights" contracts, with specific reference to legislation on distance 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 Vendor and the Buyer, arising from the General Conditions, Vendor warrants, as of now, the full Contract and acceptance of the conciliation service “RisolviOnline”. "RisolviOnline" is an independent and institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan (MI), which allows to reach a satisfactory Contract, with the help of a competent and neutral conciliator, in a peaceful and safe way, on the Internet. For more information on the "RisolviOnline" rules or to submit a request for conciliation access to "RisolviOnline.com".

7.3 Please also note that the European Commission provides a platform for the resolution-of-court alternative dispute accessible on http://ec.europa.eu/odr Site.

8. AMENDMENTS AND UPDATES

The General Conditions may be amended by the Vendor from time to time, in consideration of possible regulatory changes, without the need for prior notification to the Buyer, who will be required to constantly check the contents on the Site. The new General Conditions will be effective as of the date of publication on the Site.

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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:

  • 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 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”), 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;

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;
  • 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 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 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 contests 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 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.

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 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 EACH DATA CONTROLLER OR JOINT CONTROLLER

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 fraud.

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 WHEN 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 (either electronical and paper copies) 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 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. (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.

The cancellation process is carried out periodically on the basis of the customer's request or at the expiry of the retention period, through an automatic flow that involves the data bases concerned; otherwise, Personal Data will be permanently anonymized; the hard copies will be destroyed by using appropriate devices.

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 this third countries and how to obtain a copy of the appropriate safeguards using the following email address privacy@diesel.com or writing to the postal addresses indicated above.

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 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. 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 the Supervisory 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 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, Contact Data 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, 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 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 profiled by writing to the address privacy@diesel.com, privacy@otb.net or otherwise contacting the Joint Controller at the addresses indicated at paragraph 1 of the information notice.