Since personal data of users and customers of the US Site may be processed in Italy, any such processing of personal data will be conducted in compliance with applicable US law as well as the Italian Data Protection Code (Legislative Decree no. 196 dated June 30, 2003). Pursuant to the Italian Data Protection Code, YOOX USA is the controller of personal data of users and customers of the US Site. As the controller of personal data, YOOX USA independently determines the purposes and means by which your personal data is processed, including all security measures. As required by the Italian Data Protection Code, YOOX USA has appointed YOOX Italy as its data protection representative in Italy. As our data protection representative in Italy, YOOX Italy independently ensures that personal data is processed in Italy in a correct and lawful manner and in accordance with good practice.
1. OUR POLICY
Everyone has the right to the protection of his/her personal data.
YOOX USA respects its users' right to be informed about the collection and processing of their personal data.
The US Site has been designed in such a way that the use of your personal data will be minimal and will not exceed the original purpose for which your personal data was collected and/or processed. In particular, we do not disclose your identity when the purpose for which your personal data is being processed can be achieved by using anonymous aggregate information.
We do not sell products or services for purchase by children, the US Site is not directed at, nor do we knowingly collect personally identifiable information from children under the age of 13, although we may sell children's products or services for purchase by adults. If you are under 18, you may use the US Site only with the involvement of a parent or guardian.
2. WHO PROCESSES YOUR PERSONAL DATA
For organizational and operational purposes only, YOOX USA has appointed certain entities that will also process personal data of users and customers of the US Site. Such purposes are strictly connected to the performance of services provided on the US Site by YOOX USA, including the sale of products.
The above-mentioned data processors have been chosen by YOOX USA because of their experience in processing personal data, their sufficient guarantees with respect to compliance with applicable laws and regulations, including the Italian Data Protection Code (Legislative Decree no. 196 of 30 June 2003) as well as the technical security measures adopted by them in connection with the processing of personal data. In processing personal data of the users of the US Site, our processors will act only in accordance with instructions provided by YOOX USA. We regularly verify that our processors comply with our instructions and that they provide sufficient guarantees with respect to their compliance with applicable laws and regulations.
The following is a list of the companies primarily involved in the processing of personal data of users and customers of the US Site:
- United Parcel Service S.p.A.("UPS"). We provide UPS, by electronic means, with customers' addresses and other personal data for the purpose of shipping, delivering and returning products purchased on the US Site;
- BT Italia S.p.A. We provide I.Net, by electronic means, with personal data contained in registration or order forms for purposes relevant to the housing of our servers;
- InterConnexia USA, Inc. ("InterConnexia "). We provide InterConnexia , by electronic means, with customers' contact information for purposes connected to call center and customer care services available to the users and customers of the US Site;
- Port Logistics Group ("PLG"). We provide PLG with customers' personal contact information for purposes relevant to the processing of purchase orders for products sold on the US Site.
- YOOX Italy. We provide YOOX Italy with personal data of users and customers for purposes related to direct marketing services of YOOX USA and in connection with other services provided by YOOX Italy to YOOX USA, such as call center and help desk services.
3. HOW DO WE USE PERSONAL DATA AND FOR WHAT PURPOSES
Your personal data is collected and processed by YOOX USA for purposes which are strictly connected to the use of the US Site, its services and the purchase of products on the US Site. However, your personal data may also be used for other processing operations within the limits of such purposes.
In particular, your personal data may be processed for the following purposes:
- when you register with the US Site we collect your personal data (for example, your personal information, password, e-mail address, gender, favorite designer) through the relevant registration form (My Corner) in order to provide you with services in reserved access areas of the US Site and in order to send you our Newsletter, when specifically requested;
- when you request Customer Care services, we collect your personal data (for example, your password) for purposes strictly necessary to provide you with customer care services relevant to the US Site and to the purchase of products on the US Site;
- when you are executing purchasing procedures for products sold on the US Site, including conclusion of an agreement for the purchase of products, we collect your personal data (for example, personal information, e-mail address, address, credit card numbers, bank account number and telephone number) on your order form only for the purpose of selling the products ordered by you;
- when you request technical assistance, we collect your personal data in order to provide you with information on net-surfing, Internet browsing or viewing and downloading web pages;
- when creating your Wish List, we process your personal data in order to customize our services for the purchase of products on the US Site.
Your personal data is stored in a way which allows YOOX USA to identify you for the period that is strictly necessary for the original purposes for which such personal data is collected and subsequently processed, all in accordance with applicable laws.
Please report any changes to your personal data to firstname.lastname@example.org in order to ensure that your personal data is always accurate and kept up-to-date.
Your personal data will not be disclosed to third parties for purposes not permitted by law or without your explicit consent.
YOOX USA does not disclose your personal data to the public, unless it receives your approval and only in connection with the supply of services through the US Site (for example, in order to allow YOOX USA, upon your request, to post your suggestions on the US Site as a testimonial.)
Your personal data will not be transferred to any countries outside the United States and Italy if such countries do not provide for an adequate level of protection of the privacy of individuals. Should the above be necessary in order to supply services to you or to execute contracts for the purchase of products between you and YOOX USA, the transfer of your personal data to any such countries will be carried out only after the execution of specific contracts between YOOX USA and all parties involved, in accordance with applicable laws and regulations.
If YOOX USA receives your consent, it may process your personal data in order to send you information on new commercial initiatives which are strictly related to the US Site's activities and services, or for direct marketing purposes, including by e-mail.
YOOX USA may have access to third parties' personal data which is directly disclosed by its users to YOOX USA, for instance when the user buys a product to be sent to a friend, when the user who pays the purchase price for a product is different from the recipient of such product, or when a user wishes to recommend to a friend a service provided through the US Site or the sale of a particular product posted on the US Site.
You agree to indemnify, defend and hold YOOX and YOOX USA harmless from any liability, loss, claims and expenses, including reasonable attorneys' fees, arising from or related to any unauthorized disclosure of personally identifiable information of third parties.
4. WHAT HAPPENS IF YOU DO NOT DISCLOSE YOUR PERSONAL DATA TO YOOX USA
The personal data we request you provide to YOOX USA, including your e-mail address, your address, your credit/debit card numbers, bank account number and your telephone number, is necessary for the processing of your order for the purchase of products on the US Site, to supply other services provided on the US Site upon your request, or to carry out obligations arising out of applicable laws and regulations.
Your refusal to provide certain personal data to YOOX USA may prevent YOOX USA from processing your order for the purchase of products sold on the US Site or from providing other services through the US Site, such as Customer Care services, sending the Newsletter, use of the Wish List, sending a flower to a friend, or recommending a product to a friend.
Your failure to provide personal data to YOOX USA may justify YOOX USA's refusal to process your order for the purchase of products sold or to provide services through the US Site.
The disclosure of personal data to YOOX USA other than that required in order to fulfill legal or contractual obligations or to provide the services requested by you is optional and does not have any effect on the use of the US Site and its services or on the purchase of products on the US Site (for example, the name of your favorite designer).
We will inform you if the personal data we ask you to provide is necessary or optional by marking with an asterisk (*) the information that is necessary. Your Failure to disclose optional personal data will not pose any obligation or disadvantage to you, except to the extent that we may no be able to offer you some of our optional, personalized features of the US Site.
5. TO WHOM YOUR PERSONAL DATA WILL BE DISCLOSED
Your personal data may be disclosed to third parties who provide specific services as Data Processors on behalf of YOOX USA or who autonomously process personal data collected by YOOX USA in connection with the performance of a contract for the purchase of products on the US Site (for example, Paymentech Inc.). Any such disclosure will be conducted, in each instance, without exceeding the original purposes for which your personal data was collected and subsequently processed.
In addition, your personal data may be disclosed to third parties in order to (1) comply with applicable laws, (2) respond to governmental and judiciary inquiries, (3) comply with valid legal process, and (4) protect the rights or property of YOOX USA and YOOX Italy.
In the event there is a change in the corporate structure of YOOX USA including, without limitation, by merger, consolidation, sale, liquidation, or transfer of substantial assets, YOOX USA may, in its sole discretion, transfer, sell or assign personal data collected on and through the US Site, including, without limitation, personally identifiable information and aggregate information concerning users and customers, to one or more affiliated or unaffiliated third parties.
6. HOW DO WE COLLECT YOUR DATA ON thecorner.com
When you are using the US Site, some personal data may be collected automatically through so-called "cookies". A cookie is a device transmitted to the hard drive of an Internet user. While cookies do not contain intelligible information, they allow us to link an Internet user to personal information provided by such user through the US Site. YOOX USA processes information collected by cookies in a collective and anonymous way, in order to optimize its services and the US Site for the needs and preferences of its users.
We disseminate cookies in connection with functions such as browsing the catalogue, purchasing products on-line and supplying "My Corner" services.
As you may know, each Internet browser allows the deletion of cookies after each session. Your Internet browser contains instructions on how to carry out these procedures of deletion. Please access the appropriate instructions section on your Internet browser if you wish to delete cookies.
Other Methods of Collecting User Information.
YOOX USA directly collects personal data and information from its users when they register on-line with the US Site or when they send purchase orders for products sold on the US Site in order to finalize their transactions.
YOOX USA reserves the right to eliminate all MyCorner accounts and their relevant information in the case of content that is illicit or damaging to YOOX USA's image and/or of their products or third parties; data that promotes illegal or defamatory activities; pornographic content; content that induces violence or promotes racial, sexual, or religious discrimination.
Finally, YOOX USA collects personal data of third parties interested in starting business relationships with YOOX USA and only for such purpose.
7. SECURITY MEASURES
Nevertheless, YOOX USA cannot guarantee that the security measures adopted for the protection of the US Site and the transmission of data and information through the US Site will prevent or exclude any risk of unauthorized access to or loss of data. It is advisable that your computer be equipped with software devices for the protection of network data transmission and receipt (such as, updated antivirus systems) and that your Internet service provider take appropriate measures for the security of network data transmission (such as, firewalls and anti-spam filtering).
8. OPT-IN/OPT OUT
Advertising material and direct marketing or other commercial communications which are not specifically requested by you or necessary to provide a service you requested, including the purchase of products on the US Site, will be sent to you only after we receive your consent. Please note that each time your consent is required, we will inform you in advance and we will give you the option to either provide or refuse your consent by selecting the appropriate box.
YOOX USA may process your personal data without your consent when such processing is necessary to comply with applicable laws and regulations or to provide you with services you requested, including the purchase of products on the US Site.
Even when your prior consent is not necessary, you may exercise, at any time, your right not to receive future communications regarding services you requested, such as the Newsletter.
9. OUR RIGHT TO ACCESS PERSONAL DATA AND FURTHER RIGHTS
You are entitled to obtain, at any time, confirmation from YOOX USA as to whether or not data relating to you is being processed, even if not yet registered, and the communication of any such data in an intelligible form.
You are entitled to obtain at any time from YOOX USA:
- the updating, rectification or integration of your personal data;
- the deletion, transformation into anonymous form or blocking of your personal data, which is processed in violation of the law, including when the storage of data is not necessary for the purposes for which it has been collected and subsequently processed;
- the confirmation that the operations under letters a) and b) have been reported to whom the data was disclosed or disseminated, except when it becomes impossible to do so or if it means exceeding the protection of the right you are claiming.
- for legitimate reasons, to the processing of your personal data, even if it is related to the purposes for which it was collected;
- to the processing of your personal data for advertising or direct marketing purposes or in order to carry out marketing research or commercial communications.
You may freely and at any time exercise your rights, provided that you do so in compliance with applicable laws and regulations, by sending your request to YOOX USA at email@example.com.
YOOX USA provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, YOOX USA does not recommend that its users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY YOOX USA, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE YOOX USA AND/OR YOOX ITALY LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
If you wish to receive further information regarding our privacy practices, please contact us by e-mail at firstname.lastname@example.org.
For more information regarding your rights under the Italian Data Protection Code, please go to the web site of the Italian Data Protection Authority at www.garanteprivacy.it.
12. GOVERNING LAW
The processing of personal data by YOOX USA will be conducted in compliance with applicable US laws.
The laws of Italy, including the Italian Personal Data Protection Code (Legislative Decree no. 196 dated June 30, 2003), also apply to the processing of personal data carried out by YOOX USA and YOOX Italy (see the Companies of YOOX Group, below).
The Italian Personal Data Protection Code guarantees that the processing of your personal data will be carried out in compliance with the fundamental rights and freedoms of individuals and their dignity, with particular reference to confidentiality, identity and the right to personal data protection.
13. COMPANIES OF THE YOOX GROUP
YOOX Italy operates on the Internet in non-EU Countries through foreign companies that are part of the Yoox Group, such as YOOX USA.
Your personal data will not be disclosed to the companies within the YOOX Group without your consent, except to YOOX Italy, to the extent YOOX Italy provides certain services to YOOX USA in connection with the operation of the US Site.
14. MODIFICATION AND UPDATING