The www.moschino.com Site is operated under license by YNAP Corporation (“YNAP”), a Delaware corporation having an address at 100 Fifth Avenue – 12th floor, New York, NY 10011, United States of America. YNAP is a subsidiary of YOOX NET-A-PORTER GROUP S.p.A. . (“YNAP S.p.A.”, together with YNAP collectively referred to herein as “ YOOX NET-A-PORTER GROUP” “we,” “us,” “our”), an Italian company having its registered address at via Morimondo, 17 – Milano 20143, Italy. YNAP 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, Italy, VAT 02705970404 (Moschino).
1. Our policy
2. Who collects your personal data and for what purposes
YOOX NET-A-PORTER GROUP and Moschino control the use of www.moschino.com users' personal data; they jointly determine the purposes and means of processing personal data and the instruments used, including those for security measures. Due to exclusively organisational and operational requirements, we have appointed certain entities that will also process personal data belonging to www.moschino.com's users for purposes strictly connected and correlated to the performance of services on www.moschino.com, including the sale of products. These processors have been chosen because of their experience, ability and reliability in processing personal data and they provide sufficient guarantees regarding compliance with current data processing laws (including the data security profile). In processing the personal data of www.moschino.com's users, the processors shall act only on instructions from YOOX NET-A-PORTER GROUP and Moschino. Co-owners regularly check that our processors comply with our instructions and that they continue to provide sufficient guarantees regarding their full compliance with the provisions on personal data processing. In order to receive a full list of data processors, you may contact our Customer Care, selecting “Privacy” from the drop-down menu. Your personal data is collected and processed by YOOX NET-A-PORTER GROUP and Moschino for purposes which are strictly connected to the use of the web site, its services and to the purchase of products on the web 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 our website we collect your personal data (for example, your personal details, password, email address) through the registration form (My Account) in order to provide you with services in www.moschino.com’s reserved access areas and to email you our Newsletter, when specifically requested;
- when you require assistance from our Customer Care, we collect your personal data (for example, email address and password) for purposes strictly necessary to providing you with Customer Care services related to www.moschino.com services and to the purchase of products on www.moschino.com;
- when you purchase products on www.moschino.com, we collect your personal data (such as, for example, personal details, email address, mailing address, credit card and bank account information, telephone number) through the order form on www.moschino.com;
- when you request technical assistance services, we collect your personal data to provide you with information regarding problems with navigation, browser compatibility and visualization or uploading of web pages of www.moschino.com;
- when you create a Wish List we process your data to save products that you like the most on www.moschino.com.
- upon your consent, we process your personal data for marketing purposes
Your personal data is mainly processed electronically, and in some cases also in paper format, such as when the processing of your data is needed to prevent fraud on www.moschino.com.
Your personal data will be kept in the form that allows you to be identified for the time strictly needed for the purposes for which the data was collected and subsequently processed, and, in any event, within the legal limits. In order to guarantee that your personal data is always precise and up-to-date, not to mention pertinent and complete, we ask that you please update it within the My Account section or by contacting our Customer Care.
Your personal data will not be disclosed to third parties for purposes not permitted by law or without your express consent. In addition to companies acting as data processors, your data will also be available to independent third party data controllers for purposes that are related and in addition to the granting of the services requested by the user (for example, for transactions relating to purchases). For details regarding this aspect, see the terms of the paragraph below “To whom we disclose your personal data”. Additionally, your data may be disclosed to the police or to judicial authorities, in accordance with the law and upon formal request from those parties, for example within the context of www.moschino.com’s antifraud services. In all of these cases, your consent is not necessary.
We inform you that YOOX NET-A-PORTER GROUP and Moschino process the personal data of their users only for purposes that are strictly connected to the provision of services on www.moschino.com, to the signing of contracts for sale of products. YOOX NET-A-PORTER GROUP and Moschino, upon consent, process your personal data also for marketing purposes, to send you advertising, promotional and informational material on products and services, as well as for statistical analysis intended to understand the level of satisfaction of the services offered. These activities are carried through traditional channels, as for example paper mail and calls with operator, as well as through digital channels as for example e-mail, SMS, browser and social network. YOOX NET-A-PORTER GROUP and Moschino may perform profiling activities regarding your purchasing habits, in order to send offers that are in line with your interests, upon your consent.
The purposes for which your personal data is processed will nevertheless be specifically noted each time in the text of the information that YOOX NET-A-PORTER GROUP submits to the user on the page requesting the submission of personal data.
YOOX NET-A-PORTER GROUP and Moschino may end up processing personal data from third parties that has been directly communicated by its own users to YOOX NET-A-PORTER GROUP and Moschino, for example if the user has purchased a product to give to a friend, or when the individual paying the price to purchase the product is different from the person for whom the product is intended, or even when the user intends to inform a friend of a service or product for sale on www.moschino.com. In all of the above cases, please make sure you receive the consent of such individuals before disclosing their personal data to YOOX NET-A-PORTER GROUP and Moschino and make sure you inform them about the processing of their data, because you will be the sole person liable in connection with the disclosure of information and data regarding such third parties if they have not provided you with their express consent thereto, as well as solely liable for any improper or unlawful use of that information. In any event, YOOX NET-A-PORTER GROUP and Moschino shall fulfill any obligation to inform third parties required by law and, when necessary, shall request their express consent upon registering in its archives the personal information of the user indicated.
3. How we collect your data
YOOX NET-A-PORTER GROUP and Moschino directly collect personal data and other information from their users as part of the online registration processes on www.moschino.com, through pages dedicated to new commercial initiatives of YOOX NET-A-PORTER GROUP and Moschino or by product purchase order from users through the web site when they make e-commerce transactions. This data is processed by YOOX NET-A-PORTER GROUP and Moschino within the limits and purposes illustrated in the information presented to the user in the specific section on data collection, including therein the potential communication to third party individuals for purposes which are essential to the granting of the service requested by the user, as specified in the paragraph “5. To whom your personal data will be disclosed”.
YOOX NET-A-PORTER GROUP and Moschino reserve the right to eliminate the accounts of registered users and all of the relative data in the event that content is revealed which is unlawful, damaging to the image of YOOX NET-A-PORTER GROUP, Moschino and/or the products of the latter or third parties, or which contain content which is offensive or which promotes illegal or defamatory activities, pornographic content, or content which incites violence, promotes racial, sexual or religious discrimination, or discrimination with regard to sexual orientation.
4. What happens if you do not disclose your personal data
Granting your personal data to YOOX NET-A-PORTER GROUP and Moschino (in particular, your personal details, your email address, your mailing address and telephone number) is necessary for processing your order for the purchase of products on www.moschino.com.
Some of this data might vice versa be essential for the provision of other services rendered on the web site or to perform obligations required by law and other regulations.
Therefore, failing to provide some of your data that is required for such purposes to YOOX NET-A-PORTER GROUP and Moschino could result in it being impossible to execute the purchase of products on www.moschino.com, or to provide other services that are available on www.moschino.com - such as, for example, providing assistance services (Customer Care), using the Wish List, showing an item to a friend-, or even correctly performing the legal and regulatory obligations. Failure to provide data may thus constitute, depending on the case, a legitimate and justified reason for not executing a purchase of products on www.moschino.com or for not providing services via www.moschino.com.
Disclosure of further personal data to YOOX NET-A-PORTER GROUP and Moschino other than that required for fulfilling legal or contractual obligations or for providing the services requested, is, on the contrary, optional and does not have any effect on the use of the web site and of its services or on the purchase of products on www.moschino.com.
In some circumstances and if required, from time to time we will duly inform you if the personal data you are disclosing to YOOX NET-A-PORTER GROUP and Moschino is compulsory or optional. We will point out to you whether the disclosure of your data is compulsory or optional by marking with an appropriate symbol (*) the information that is compulsory or data needed for providing the required services on www.moschino.com and for the purchase of products on www.moschino.com. We remind you that failing to provide optional personal data will not imply any obligation or disadvantage to our users.
5. To whom your personal data will be disclosed
Personal data may be disclosed to third party companies that provide, on behalf of YOOX NET-A-PORTER GROUP and Moschino, specific services as data processors or to other recipients of personal data collected by YOOX NET-A-PORTER GROUP and Moschino - whose names shall be specified each time - that autonomously process your personal data only for the performance of a contract for purchasing products on www.moschino.com (for example, a credit institution, to perform remote e-payment services via a credit/debit card, whenever you decide to purchase a product on www.moschino.com) and only when such purpose does not exceed the purposes for which your personal data was collected and subsequently processed and, in any case, according to applicable laws and regulations.
Personal data will not be disclosed to third parties or disseminated or transferred without informing our users of such disclosure/dissemination/transfer, without their consent and, in any case, in accordance with the law.
6. Security Measures
Nevertheless, YOOX NET-A-PORTER GROUP and Moschino cannot guarantee to their users that the security measures adopted for the protection of the web site and for data and information transmission on www.moschino.com will limit or exclude any risk of unauthorised access or of loss of data. It is advisable that your computer be provided with software devices that protect network data transmission/receipt (such as updated antivirus systems) and that your Internet service provider take appropriate measures for the security of network data transmission (such as, for example, firewalls and anti-spam filtering).
On www.moschino.com each purchase is made with the maximum security thanks to the use of the most advanced technological and coding systems (SSL).
7. Your right to access data and other rights
You always have the right to obtain from YOOX NET-A-PORTER GROUP and Moschino:
- the updating, correction or, when you have an interest in such, the integration of your personal data;
- deletion, transformation into an anonymous form or blocking of your personal data which has been unlawfully processed, including data which does not need to be stored for the purposes for which it was collected or subsequently processed;
- the confirmation that the operations under letters a) and b) have been reported (together with the contents of the same) to whom the data was disclosed or disseminated, except when it becomes impossible or if the means used are clearly disproportionate to the right’s protection.
You are nevertheless entitled to object, in whole or in part:
- 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 exercise your rights at any time, provided that you do so in compliance with applicable laws, by sending your request to YOOX NET-A-PORTER GROUP and Moschino by contacting our Customer Care and selecting “Privacy” from the drop-down menu, to which we shall respond in a timely manner.
8. Opt-in/Opt out
YOOX NET-A-PORTER GROUP and Moschino also use your personal data to send advertising or direct marketing material or other commercial communications, including via e-mail: if the advertising concerns products that are analogous to those already purchased, YOOX NET-A-PORTER GROUP and Moschino may send it to your e-mail address even without your express consent, provided that you have not denied such use upon giving your e-mail address or on subsequent occasions (Art. 130, Subsection 4, lgs. d. No 196/2003), although your express, voluntary consent will be needed to make a mailing by YOOX NET-A-PORTER GROUP and Moschino of advertising e-mails relating to products other than those already purchased lawful. Likewise, YOOX NET-A-PORTER GROUP and Moschino may process your data even without your consent to provide you with services you have voluntarily requested (such as, for example, sending the Newsletter). Each time your consent is needed, we will inform you in advance and will give you the possibility of providing or denying your consent to use your personal data for these purposes, including your e-mail address.
We would like to inform you that YOOX NET-A-PORTER GROUP and Moschino may process your personal data, even without your consent, in certain cases that have been prescribed by law such as, for example, when this is necessary to satisfy a legal obligation or when this is necessary to execute obligations that have been contractually assumed with regard to users (such as, for example, if you have purchased products on www.moschino.com or you have asked to benefit from specific services through our web site). In any case, we wish to inform you that YOOX NET-A-PORTER GROUP and Moschino guarantee to their users may exercise, at any time and without needing to set forth reasons, their own right not to receive future communications related to the use of particular services, upon request. In particular, you may exercise your right to oppose this (i) by using the method indicated in each communication received or (ii) by managing your permissions in the dedicated My Account area or even by (iii) writing to Customer Care and selecting "Privacy" or by sending a request to Moschino and YOOX NET-A-PORTER GROUP at the address of the aforementioned registered office. Specifically, a request to unsubscribe that is made following the instructions of the communication received will result in you being unsubscribed solely from the aforementioned channel. Unsubscribing from marketing through My Account will result in your being unsubscribed from all channels used (traditional and digital). Additionally, we ask that you consider the technical time frames needed to effectively address your request to unsubscribe (a maximum of 15 days).
9. Links to other websites
www.moschino.com provides links to these web sites exclusively to help its users in their searches and net-surfing activities and to allow links to other websites on the Internet. When YOOX NET-A-PORTER GROUP and Moschino provide links to other websites, YOOX NET-A-PORTER GROUP and Moschino do not recommend the use of these websites and do not provide any guarantees regarding their web content or the services and products supplied and sold by these websites to Internet users.
If you wish to receive further information on how YOOX NET-A-PORTER GROUP and Moschino process your personal data, please contact our Customer Care selecting “Privacy” from the drop-down menu.
11. Governing Law
The processing of personal data by YOOX NET-A-PORTER GROUP and Moschino will be conducted in compliance with applicable #US laws, any claims or complaints must be filed in the United States in the State of New York. Since personal information of users and customers of the www.moschino.com CA Site may be processed in Italy, Italian law, including the Italian Personal Data Protection Code (Legislative Decree no. 196 dated June 30, 2003), also applies to the processing of personal information carried out by YOOX NET-A-PORTER GROUP and Moschino. 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, personal identity and the right to personal data protection.