- YOOX NET-A-PORTER GROUP S.p.A. ("YOOX NET-A-PORTER GROUP"), with registered office at via Morimondo, 17 – Milano 20143 Italy
- Pomellato S.p.A , with registered office at Via Neera 37, 20141 Milano, Italy, registered in the Trade and Companies Register of Milano with Tax ID No. 00860690155 ("Pomellato S.p.A ").
1. Our policy
2. Who collects your personal data, and for what purposes
YOOX NET-A-PORTER GROUP and Pomellato S.p.A are joint data controllers of the personal data of users of pomellato.com; these companies shall jointly decide on the purposes and terms of the data processing and on which instruments to be used, including as concerns the security profile. For exclusively organisational and functional requirements, we have appointed certain people who are in charge of processing the personal data of the users of pomellato.com, for purposes that are strictly connected and related to the provision of services on the pomellato.com, including the sale of products. These parties have been selected because they have demonstrated that they have the experience, ability and reliability, and provide a suitable guarantee that the current processing provisions will be fully respected, including the data security profile. These parties process the personal data of users of pomellato.com according to the instructions given jointly by YOOX NET-A-PORTER GROUP and Pomellato S.p.A . The joint controllers periodically verify that the processors have precisely performed the duties entrusted to them, and that they are continuing to provide suitable guarantees of full compliance with the provisions on the protection of personal data.
To get a full list of the people processing your data, please contact Customer Care by selecting the “Privacy” option. Your personal data is collected and processed by YOOX NET-A-PORTER GROUP and Pomellato S.p.A for purposes that are strictly connected to the use of the website and its services, upon registering on the website when purchasing products. Your personal data may also be used in other processing operations, albeit under terms that are compatible with such purposes. In particular, your personal data may be processed for the following purposes:
- within the context of the website registration processes, we collect your personal data (such as, for example, your email address, personal details and password) using the relative registration form(My Account) in order to provide you with the services to access the reserved areas and services of the pomellato.com and to send the newsletter by email, where expressly requested;
- to provide customer care services (Customer Care), we collect your personal data (such as, for example, your email address and password) for the purposes needed to provide you with all of the information regarding services of the pomellato.com and the purchase of products on pomellato.com;
- within the context of the processes for purchasing products on pomellato.com we collect your personal data (such as, for example, personal details, email address, mailing address, credit card and bank information, telephone number), through the order form for the sale of products on pomellato.com;
- within the context of the request for technical assistance services, we collect your personal data in order to provide you with information regarding problems with navigation, browser compatibility and visualisation or downloading of webpages of pomellato.com;
- within the context of creating the Wish List we process your data in order to save the products that you like most on pomellato.com.
Your personal data will be kept in the form that allows you to be identified for the time that is strictly necessary 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 exact and up-to-date, and in any event pertinent and complete, please update it in the My Account section, or by contacting our Customer Care department.
Your personal data may not be disclosed to third parties for purposes that are not approved by the law or without your express consent.
In addition to companies that act as data processors, personal data is also made available to third party independent data controllers, exclusively for purposes that are in addition to and related to the granting of the services requested by the user (for example, for transactions relating to purchases). Please refer to the paragraph “To whom we disclose your personal data”. Furthermore, your data may be disclosed to the police or to legal authorities, in conformity with the law and upon formal request from these parties, for example, within the context of the antifraud services of pomellato.com. Your personal data shall not be transferred abroad to Countries other than those belonging to the European Union, which do not provide adequate levels of personal protection. In the event it is necessary to provide you with the services, or to enter into a contract with YOOX NET-A-PORTER GROUP to acquire products, we assure you that the transfer of your personal data to Countries that do not belong to the European Union and which do not provide adequate levels of protection shall be carried out only after YOOX NET-A-PORTER GROUP, Pomellato S.p.A and said parties sign specific contracts, which contain clauses to safeguard the protection of your personal data, in conformity with the applicable law and regulations.
We inform you that YOOX NET-A-PORTER GROUP and Pomellato S.p.A process the personal data of their users for purposes that are strictly connected to the provision of services on pomellato.com, upon signing contracts for the sale of products and, upon your consent, to inform you of new sales initiatives that are strictly linked to the activities and services of the website.
YOOX NET-A-PORTER GROUP and Pomellato S.p.A process your personal data for direct marketing purposes only with your consent.
The purposes for which your personal data is processed shall nevertheless be specifically indicated, from time to time, in the text of the information that YOOX NET-A-PORTER GROUP provides for the user in the page requesting that personal data be entered.
YOOX NET-A-PORTER GROUP and Pomellato S.p.A may end up processing personal data of third parties that has been directly communicated by its users to YOOX NET-A-PORTER GROUP and Pomellato S.p.A , for example when the user has purchased a product to be delivered to a friend, or when the party that pays the price to purchase the product is different from the person to whom the product is intended, or even when the user intends to refer a service or product for sale on pomellato.com to a friend.
In all of these cases, we ask that you make sure you have gotten the consent of the person whose data is noted before disclosing it to YOOX NET-A-PORTER GROUP and Pomellato S.p.A , and that you have informed that person in relation to the processing because you will be the sole person responsible for the disclosure of information and data relating to third parties, without their having expressly so requested, and for their incorrect or illegal use thereof. In any event, YOOX NET-A-PORTER GROUP and Pomellato S.p.A , within the limits of the legislative terms, shall perform the obligation to inform the user indicated and, where necessary, shall request his/her express consent when recording the relative personal data in its files.
3. How we collect your data
YOOX NET-A-PORTER GROUP and Pomellato S.p.A directly collect personal data and other information from their users within the context of the online registration processes for pomellato.com or through order forms to purchase products on the website via ecommerce transactions. This data is processed by YOOX NET-A-PORTER GROUP and Pomellato S.p.A within the limits and purposes illustrated in the information that is presented to the user in the specific section on data collection, including therein the potential disclosure to third parties for purposes which are instrumental to the granting of the service requested by the user, as specified in the paragraph “To whom we disclose your personal data”.
YOOX NET-A-PORTER GROUP and Pomellato S.p.A reserve the right to eliminate the accounts of registered users and all relative data, if content is found that is illegal, harmful to the image of YOOX NET-A-PORTER GROUP, Pomellato S.p.A and/or their own or third party products, or content which is in any case offensive or that promotes illegal or defamatory activities, or content that is pornographic, incites violence, promotes discrimination in relation to race, sex, religion or sexual orientation.
4. What happens if you do not release your personal data
Entry of your personal data for YOOX NET-A-PORTER GROUP and Pomellato S.p.A , and in particular your personal details, email address, mailing address and telephone number, is needed to enter into the contract to purchase products on pomellato.com.
Some of this data could, vice versa, be essential to provide other services that are rendered on the website at your request, or to perform obligations deriving from legal or regulatory norms.
Any refusal to provide YOOX NET-A-PORTER GROUP and Pomellato S.p.A with such data that is needed for those purposes could make it impossible to perform the contract to purchase the products on pomellato.com or to provide other services that are available on pomellato.com - such as, for example, to provide customer care services (Customer Care), the use of the Wish List, to show an item to a friend, or even to correctly fulfil the legal and regulatory obligations. Failure to enter data could therefore constitute, depending on the case, a legitimate and justified reason to not execute the contract to purchase products on pomellato.com or provide services through pomellato.com.
Disclosure to YOOX NET-A-PORTER GROUP and Pomellato S.p.A of further data, other than what is mandatory, for the purposes of performing its own legal or contractual obligations, or to provide certain services upon request is, conversely, optional and does not entail any consequence for the use of the website and its services, or to acquire products on pomellato.com.
A Depending on the case and when necessary, periodically, we will duly inform you of whether it is mandatory or optional to disclose your personal data to YOOX NET-A-PORTER GROUP and Pomellato S.p.A . We will point out whether it is mandatory or optional to disclose your data by affixing an appropriate character(*) to information that is mandatory, or to the sole data needed for provision of services and for the acquisition of products on pomellato.com. We remind you that not disclosing optional personal data shall not entail any obligation or disadvantage for our users.
5. To whom we disclose your personal data
The personal data may be provided to third parties that perform, on behalf of YOOX NET-A-PORTER GROUP and Pomellato S.p.A , specific services, as Data Processors or people in charge of communications to other recipients of data collected by YOOX NET-A-PORTER GROUP and Pomellato S.p.A - whose names shall be periodically noted -, who process the data independently, solely to execute contracts for the purchase of products on pomellato.com (such as, for example, the credit institution, to perform remote electronic payment services, via credit/debit card, whenever you decide to purchase a product on pomellato.com) and only when this purpose is not incompatible with the purposes for which your data has been collected and then processed and, in any event in a way that complies with the law.
The data shall not be disclosed, assigned or in any other way transferred to other third parties unless the users have been previously informed thereof and, upon their consent, when this has been required by law.
6. Security measures
However, YOOX NET-A-PORTER GROUP and Pomellato S.p.A cannot guarantee to their users that the measures adopted for the security of the website and the transmission of data and information on pomellato.com limit or exclude any risk of unapproved access or dissemination of data. We advise you to make sure that your computer is equipped with adequate software to protect the transmission of data over the web, both in terms of transmission and receipt (such as up-to-date antivirus systems) and that your Internet services provider has adopted appropriate measures to ensure safe Internet data transmission(such as, for example, firewalls and anti-spam filters). On pomellato.com each purchase occurs with the utmost 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 Pomellato S.p.A :
- a. an update, correction or, when you have an interest in doing so, the incorporation of your personal data;
- b. the deletion, transformation into an anonymous format or blocking of your personal data, which has been processed in violation of the law, including data which it is not necessary to maintain in relation to purposes for which the data was collected or subsequently processed;
- c. an attestation that the operations indicated in letters a) and b) have been notified, including as concerns their content, to the parties whose data was communicated or disseminated, except in the event that such fulfilment proves impossible or entails the use of means that are clearly disproportionate to the right protected.
You will nevertheless have the right to partially or fully oppose:
- for legitimate reasons, the processing of personal data concerning you, even if it is pertinent to the purpose of the collection;
- the processing of personal data concerning you for the purposes of sending promotional material or direct marketing material, or to carry out market research or commercial communications.
You may freely, and at any time, exercise your rights, provided it is within the legal limits, by sending a request to YOOX and Pomellato S.p.A by selecting the “Privacy” option in the Customer Care section, which we will address in a timely manner.
8. Opt-in/Opt out
YOOX NET-A-PORTER GROUP and Pomellato S.p.A also use your personal data to send promotional and direct marketing materials, or other sales communications, including via email: if the advertising concerns products that are analogous to those already purchased, YOOX NET-A-PORTER GROUP and Pomellato S.p.A may send it to you via email, including without your express consent, provided that you have not refused such use upon providing your email address or on subsequent occasions(Art. 130, Subsection 4, Legislative Decree 196/2003), whilst your express, voluntary consent shall be necessary for YOOX NET-A-PORTER GROUP and Pomellato S.p.A to legally send promotional emails relating to products of a different type than those you have already purchased. Likewise, YOOX NET-A-PORTER GROUP and Pomellato S.p.A may also process your data without your consent to provide you with services you have voluntarily requested (such as, for example, to send the newsletter).
Each time that your consent is needed, we will inform you in advance and give you the opportunity to provide or refuse consent for your personal data to be used for these purposes, including your email address, by clicking on the appropriate check boxes.
WE wish to inform you that YOOX NET-A-PORTER GROUP and Pomellato S.p.A may process your personal data even without your consent in certain cases that have been prescribed by law, for example, when it is necessary to perform a legal obligation, or when it is necessary to perform obligations that have been contractually assumed towards users (for example, when you have purchased products on pomellato.com or you have asked to use specific services through our website).
In any event, we wish to inform you that YOOX NET-A-PORTER GROUP and Pomellato S.p.A guarantee that their users may exercise at any time, without needing to set out the reasons why, their right not to receive communications in the future that are related to the use of particular services, upon their request.
9. Links to other websites
pomellato.com contains links to other websites that may not have a connection to pomellato.com, YOOX NET-A-PORTER GROUP or Pomellato S.p.A .
pomellato.com provides links to these websites solely to facilitate the user’s search and navigation, and to assist with hyperlinks to other websites. Activation of the links does not constitute any recommendation or indication by YOOX NET-A-PORTER GROUP and Pomellato S.p.A to access or navigate on these websites, nor does it provide any guarantee whatsoever as to their content, services or the items supplied and sold to Internet users on them.
If you wish to receive further information on how YOOX NET-A-PORTER GROUP and Pomellato S.p.A process your personal data, please write to Customer Care by selecting the “Privacy” option. To find out your rights and always remain up-to-date on the legislation regarding personal protection with regard to the processing of personal data, we advise you to visit the website of the Italian Data Protection Commissioner at http://www.garanteprivacy.it/
11. Applicable law
The Code guarantees that the processing of personal data must occur in accordance with fundamental rights and freedoms, as well as that it preserve the dignity of the party concerned, particularly as concerns confidentiality, personal identity and the right to protection of personal data.