The www.moschino.com US Site is operated under license by YOOX Corporation, a Delaware corporation having an address at 122 Hudson Street, 5th Floor, New York, New York 10013, United States of America ("YOOX USA"). YOOX USA is a subsidiary of YOOX S.p.A., an Italian company having its registered address at Via Nannetti, 1, 40069 Zola Predosa - Bologna, Italy ("YOOX") and controls the personal data of users and customers of the www.moschino.com US Site together with Moschino S.p.A., having address at Via San Gregorio 28, 20124 Milano, Italy, Italy, VAT, 02705970404 (jointly referred to as "YOOX and Moschino").
Since personal data of users and customers of the www.moschino.com 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 www.moschino.com US Site. As controller of personal data, YOOX USA independently determines the purposes and means by which your personal data are processed, including all security measures. As required by the Italian Data Protection Code, YOOX USA has appointed YOOX as its data protection representative in Italy. As our data protection representative in Italy, YOOX, together with Moschino, independently ensures that personal data are processed in Italy in a correct and lawful manner and in accordance with good practice.
1. OUR POLICY
The www.moschino.com 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 www.moschino.com US Site only with the involvement of a parent or guardian.
2. WHO PROCESSES YOUR PERSONAL DATA
For organizational and operational purposes only, YOOX and Moschino have appointed certain entities that will also process personal data of users and customers of the www.moschino.com US Site. Such purposes are strictly connected to the performance of services provided on the www.moschino.com US Site by YOOX and Moschino, including the sale of products.
The above-mentioned data processors have been chosen by YOOX and Moschino 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 www.moschino.com US Site, our processors will act only in accordance with instructions provided by YOOX and Moschino. 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 www.moschino.com US Site:
3. HOW DO WE USE PERSONAL DATA AND FOR WHAT PURPOSES
Your personal data are collected and processed by YOOX and Moschino for purposes which are strictly connected to the use of the www.moschino.com US Site, its services and the purchase of products on the www.moschino.com 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:
Please report any changes to your personal data to the e-mail address email@example.com in order to ensure that your personal data are always accurate and kept up-to-date.
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, the transfer of your personal data to any such countries will be carried out only after the execution of specific contracts between YOOX and Moschino and all parties involved, in accordance with applicable laws and regulations.
We wish to inform you that YOOX and Moschino process users' personal data for purposes that are strictly connected to the supply of services through the www.moschino.com US Site, the execution of contracts related to the sale and purchase of products on the www.moschino.com US Site and, after receiving your consent, in order to send you information on new commercial initiatives which are strictly related to the www.moschino.com US Site's activities and services. YOOX and Moschino process your personal data for direct marketing purposes, including by e-mail, only after receiving your consent.
YOOX and Moschino may have access to third parties' personal data which is directly disclosed by their users to YOOX and Moschino, 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 www.moschino.com US Site or the sale of a particular product posted on the www.moschino.com US Site.
4. WHAT HAPPENS IF YOU DO NOT DISCLOSE YOUR PERSONAL DATA
The personal data we request you to provide to YOOX and Moschino, 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 www.moschino.com US Site, to supply other services provided on the www.moschino.com 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 and Moschino may prevent YOOX and Moschino from processing your order for the purchase of products sold on the www.moschino.com US Site or from providing other services through the www.moschino.com US Site, such as Customer Services, sending the Newsletter, use of the Wish List, recommending a product to a friend.
Your failure to provide personal data to YOOX and Moschino may prevent the processing of your order for the purchase of products sold or to provide services through the www.moschino.com US Site.
The disclosure of personal data to YOOX and Moschino 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 www.moschino.com US Site and its services or on the purchase of products on the www.moschino.com US Site. 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 www.moschino.com 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 and Moschino or who autonomously process personal data collected by YOOX and Moschino in connection with the performance of a contract for the purchase of products on the www.moschino.com US Site (for example, Banca Sella, S.p.A.).
Any such disclosure will be conducted, in each instance, without exceeding the original purposes for which your personal data were 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 and Moschino.
In the event there is a change in the corporate structure of YOOX and Moschino including, without limitation, by merger, consolidation, sale, liquidation, or transfer of substantial assets, YOOX and Moschino may, in their sole discretion, transfer, sell or assign personal data collected on and through the www.moschino.com US Site, including, without limitation, personally identifiable information and aggregate information concerning users and customers, to one or more affiliated or unaffiliated third parties.
In any event, your personal data will not be disclosed to third parties without you being informed or without your consent, when such consent is required by law.
6. HOW DO WE COLLECT YOUR DATA ON www.moschino.com
We disseminate cookies in connection with functions such as browsing the catalogue, purchasing products on-line and supplying "My Account" 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 and Moschino directly collect personal data and information from users when they register on-line with the www.moschino.com US Site or when they send purchase orders for products sold on the www.moschino.com US Site in order to finalize their transactions.
7. SECURITY MEASURES
Nevertheless, YOOX and Moschino cannot guarantee that the security measures adopted for the protection of the www.moschino.com US Site and the transmission of data and information through the www.moschino.com 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 and Moschino 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. YOUR RIGHT TO ACCESS PERSONAL DATA AND FURTHER RIGHTS
You are entitled to obtain, at any time, confirmation from YOOX and Moschino 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 and Moschino:
10. LINKS TO OTHER WEB SITES
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY YOOX, YOOX USA, AND/OR Moschino, 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, YOOX USA, AND/OR Moschino 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 at the following e-mail address: 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 and Moschino 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 and Moschino (see the Companies of YOOX Group and Moschino Group). 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. MODIFICATION AND UPDATING