The pomellato.com US Site is operated under license by YNAP Corporation (“YOOX NET-A-PORTER GROUP”), a Delaware corporation having an address at 100 Fifth Avenue – 12th floor, New York, NY 10011, United States of America. YOOX NET-A-PORTER GROUP is a subsidiary of YOOX NET-A-PORTER GROUP S.p.A. (“YOOX NET-A-PORTER GROUP”, together with YOOX NET-A-PORTER GROUP 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. YOOX NET-A-PORTER GROUP controls the personal data of users and customers of the pomellato.com US Site together with Pomellato S.p.A., having address at Via Neera 37, 20141, Milano, Italy, VAT 00860690155 ("#GROUP"). The users of the pomellato.com US Site are referred to herein as “user,” “you,” “your.”
1. OUR POLICY
2. WHAT TYPE OF INFORMATION DO WE COLLECT FROM YOU AND HOW WE COLLECT IT The information we collect from you when you use pomellato.com US Site may be (i) personal information, which is information that personally identifies you, or (ii) aggregate information, which does not personally identify a user, but rather pertains to your use of the web site and your account activity (for example, number and times of log-ins, most frequently visited pages, IP addresses, etc.).
The types of information we collect include the following:
- a. Information you provide us. When you enter information on pomellato.com US Site by registering for My Account, subscribing to our newsletter, making a purchase or contacting Customer Care, for example, you give us access to certain personal information, which may include your name, email address, address, credit card information, and phone number.
pomellato.com US Site uses various types of cookies and similar technologies. A cookie is a small file that is sent to the browser and saved on your device when you visit a website like pomellato.com US Site. While cookies do not contain intelligible information, they allow us to link a user to the personal information provided by such user through pomellato.com US Site. pomellato.com US Site uses analytical cookies, installed by both YOOX NET-A-PORTER GROUP and Pomellato S.p.A , primarily to personalize your navigation experience by remembering your preferences with respect to services provided and products purchased through pomellato.com US Site (for example, the IP address, the language and currency you set). We disseminate cookies in connection with functions such as browsing the catalogue, purchasing products on-line and supplying "My Account" services. YOOX NET-A-PORTER GROUP and Pomellato S.p.A treat the results of these analyses anonymously. pomellato.com US Site also uses third party marketing and profiling cookies, which are aimed at creating user-related profiles in order to send commercial messages that meet the preferences shown during web site visits or to provide you with our commercial offers on affiliated websites (retargeting). YOOX NET-A-PORTER GROUP and Pomellato S.p.A do not have control over the information provided through third party cookies and we do not have access to this data. This information is entirely controlled by third parties as described in their respective privacy policies. As you may know, each Internet browser allows the deletion of cookies after each session and your Internet browser contains instructions on how to do so. Please access the instructions on your Internet browser if you wish to delete cookies.
How we respond to Do Not Track Signals
You can easily activate the “Do Not Track Signal” by accessing the DNT instructions section of your browser through the following links:
IE: https://support.microsoft.com/en-us/help/17288/windows-internet-explorer-11-use-do-not-track Safari: https://support.apple.com/kb/PH21416?locale=en_US
Third parties that provide content or services through the pomellato.com US Site, such as social media features, may obtain aggregate information about your browsing activities, but such information does not include personally identifiable information. However, certain processing activities that combine aggregate information with other information in possession of such third parties could result in the identification of users.
- c. Information we receive from other sources. YOOX NET-A-PORTER GROUP and Pomellato S.p.A may collect information from third parties to whom you have provided your information and given consent to such third parties’ sale, rental or transfer of such information (for example, through social media sites); we may also integrate the information we collect with publicly available information.
3. WHO PROCESSES YOUR PERSONAL INFORMATION AND TO WHOM IT IS DISCLOSED
We may share your information with companies affiliated with YOOX NET-A-PORTER GROUP and/or Pomellato S.p.A , their licensees and joint venture partners, affiliated companies may be located outside of the United States. In the event there is a change in the corporate structure of YOOX NET-A-PORTER GROUP or Pomellato S.p.A including, without limitation, by merger, consolidation, sale, liquidation, or transfer of substantial assets, YOOX NET-A-PORTER GROUP or Pomellato S.p.A , as applicable, may, in their sole discretion, transfer, sell or assign personal data collected on and through the pomellato.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 through such transaction.
Third parties who provide these services have been appropriately selected and have only been authorized to use the information disclosed to them to perform their duties and for no other purpose. The above-mentioned data processors have been chosen by YOOX NET-A-PORTER GROUP and Pomellato S.p.A 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 information of the users of the pomellato.com US Site, our processors will act only in accordance with instructions provided by YOOX NET-A-PORTER GROUP and Pomellato S.p.A . 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. Companies involved in the processing of personal information of users and customers of the pomellato.com US Site include, without limitation:
- United Parcel Service S.p.A. and its affiliates ("UPS"): we provide UPS with customers’ addresses and other personal information by electronic means for the purpose of shipping, delivering and returning products purchased on the pomellato.com US Site;
- BT Italia S.p.A., for purposes related to the maintenance of YOOX NET-A-PORTER GROUP servers;
- Interconnexia Ltd.: we provide Interconnexia with customers’ contact details for purposes connected to providing call center and customer care services to pomellato.com US Site's users;
- Newtek Business Services Corp. (“Newtek”): we provide Newtek with customers’ credit card numbers and billing information, for purposes connected to providing electronic payment services, through credit/debit cards.
Please contact our Customer Care by selecting “Privacy” from the drop-down menu if you would like to receive a full list of our data processors.
In addition, your personal information 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 processes, and (4) protect the rights and/or property of YOOX NET-A-PORTER GROUP and Pomellato S.p.A (e.g. defense of legal claims or for fraud prevention purposes).
Your personal information will not be transferred to any countries outside the United States or Italy if such countries do not provide for an adequate level of privacy protection. Should such transfer be necessary in order to supply services to you or fulfill purchase orders, YOOX NET-A-PORTER GROUP and Pomellato S.p.A will enter into agreements with third parties to ensure that they implement measures to safeguard users’ information, in accordance with applicable laws and regulations.
4. HOW WE USE PERSONAL INFORMATION AND FOR WHAT PURPOSES
Your personal information is collected and processed by YOOX NET-A-PORTER GROUP and Pomellato S.p.A for purposes related to your use of the pomellato.com US Site and the provision of services to you through the pomellato.com US Site, including to enable you to engage in the purchase of products.
Specifically, your personal information may be used, among others, for the following purposes:
- PURCHASING: When you complete checkout procedures to purchase products sold on the pomellato.com US Site, we collect your personal information (for example, name, e-mail address, mailing address, credit card numbers, and telephone number) for the purpose of selling the products ordered by you and managing your payment, including anti-fraud control when paying by credit/debit card;
- CUSTOMER ASSISTANCE: When you request Customer Care assistance, we collect your personal information (for example, your first and last name, e-mail address and password) to provide you with Customer Care relevant to the pomellato.com US Site and to the purchase of products on the pomellato.com US Site;
- SERVICE REGISTRATION: When you register with the pomellato.com US Site, we collect your personal information (for example, your name, email address) through the relevant registration form (My Account), in order to provide you with services in reserved access areas of the pomellato.com US Site and to send you our Newsletter, when you have subscribed for it;
- MARKETING: We use your email address, phone number and mailing address to send commercial communications through various channels, both electronic (email, text messages) and traditional (snail mail, telephone);
- PROFILING: We may use your information to send commercial offers that match your interests (for example, through the use of third party cookies), for profiling purposes and in order to improve your user experience.
Your personal information is generally processed by electronic means, however, in certain circumstances, paper-based means may be used, for example, for processing related to fraud prevention purposes. Your personal information is stored in a way which allows YOOX NET-A-PORTER GROUP and Pomellato S.p.A to identify you for the time necessary to carry out the purposes for which such information is collected and processed.
5. WHAT HAPPENS IF YOU DO NOT DISCLOSE YOUR PERSONAL INFORMATION
The personal information we request you to provide to YOOX NET-A-PORTER GROUP and Pomellato S.p.A , including your e-mail address, your address, your credit/debit card number, and your telephone number, is necessary to process your purchase order for products on the pomellato.com US Site, to supply other services provided on the pomellato.com US Site, or to carry out our obligations arising out of applicable laws and regulations.
Your refusal to provide certain information to YOOX NET-A-PORTER GROUP and Pomellato S.p.A may prevent YOOX NET-A-PORTER GROUP and Pomellato S.p.A from processing your purchase order or from providing other services through the pomellato.com US Site, such as Customer Care, sending our Newsletter, accessing the Wish List, recommending a product to a friend.
The disclosure of your information to YOOX NET-A-PORTER GROUP and Pomellato S.p.A may be mandatory or optional. Disclosure is mandatory when needed to process purchase orders or provide requested services on the pomellato.com US Site. We will inform you if the information we ask you to provide is necessary or optional by marking with an asterisk (*) the information that is required. Your failure to disclose optional information will not entail any disadvantage to you, except to the extent that we may not be able to offer you some of our optional, personalized features of the pomellato.com US Site.
6. WHERE IS YOUR INFORMATION STORED
Your information will be collected and stored on servers located in Italy. By providing us with your information you consent to its use and processing in the US and its transfer to Italy for the same purposes, regardless of the country from which you access the web site.
7. CHILDREN’S RIGHTS
While pomellato.com does not sell products or services for purchase by children, we may sell children’s products or services for purchase by adults. If you are under 18, you may use the pomellato.com US Site only with the involvement of a parent or guardian. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), pomellato.com does not knowingly collect, solicit or use personal information of children under the age of 13 provided without parental consent, and pomellato.com will delete any such information should we become aware that a user under the age of 13 has registered without verifiable parental consent. Therefore, if you are not 18 years or older, you are not authorized to use our US Site.
8. WHAT INFORMATION IS COLLECTED FROM OR SHARED WITH SOCIAL MEDIA SITES
When accessing pomellato.com US Site through a third party social media site and/or application, you consent to YOOX NET-A-PORTER GROUP and Pomellato S.p.A ’s access to some of your information from your social media account, such as your name, email address, profile picture, location, friend list, posts and likes. Furthermore, additional non-personally identifiable information may be transferred to us when interacting with a social media site, for example information regarding content viewed through the third party social media site.
Some of the services offered on the pomellato.com US Site are integrated with social sharing features, through which you may share some of your activities on the web site or “like” certain products through your social media accounts. Depending on your settings on your social media accounts, these activities may show up on your profile and be visible to your friends/followers and/or the public. Please refer to the privacy policies of the relevant social media sites for information concerning their collection and processing of information.
9. MOBILE/APP TERMS AND CONDITIONS
10. SECURITY MEASURES
When processing your credit card information in connection with the purchase of products on the pomellato.com US Site, we comply with PCI DSS standards.
11. OPT OUT
You may unsubscribe from any marketing communications by clicking on the “Unsubscribe” button included in all of our marketing communications or by contacting our Customer Care through the appropriate section on US Site selecting “Privacy” as the topic on our contact form.
12. YOUR RIGHT TO ACCESS PERSONAL DATA AND FURTHER RIGHTS
You are entitled to obtain, at any time, confirmation from YOOX NET-A-PORTER GROUP and Pomellato S.p.A as to whether or not your information is being processed, and the communication of any such data in an intelligible form. Moreover, you are entitled to receive from YOOX NET-A-PORTER GROUP and Pomellato S.p.A information on the source from which we received your personal information; the purposes and means of processing; information regarding the data controller and the data processors and the names and categories of third parties to whom your personal information may be disclosed or who may access your personal information. Please contact our Customer Care by selecting “Privacy” from the drop-down menu if you would like to receive a full list of our data processors.
You are entitled to request at any time that YOOX NET-A-PORTER GROUP and Pomellato S.p.A update, rectify, integrate or delete your personal information, provided retention is not required by law. Please report any changes to your personal information, in order to ensure that it is always accurate and up-to-date, or exercise your other rights discussed above by contacting our Customer Care, by selecting “Privacy” from the drop-down menu. Some of your personal information may need to be retained by YOOX NET-A-PORTER GROUP and Pomellato S.p.A as required by law or for recordkeeping purposes. Please note that by withdrawing consent to our use of some of your information you may no longer be able to access certain services offered on the pomellato.com US Site.
13. RIGHTS OF CALIFORNIA RESIDENTS
Pursuant to California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814. For more information about protecting your privacy, you may wish to visit: www.ftc.gov.
If you are a resident of California, you may request that we not share your information with certain affiliates or third parties providers for marketing purposes, and/or you may inquire as to how we have shared your information with third parties providers for marketing purposes. In connection with such request, we will identify the types of information shared and provide you with the names and addresses of the third parties with whom the information was shared. Please contact our Customer Care through the appropriate form selecting “Privacy” as the topic on our contact form.
14. LINKS TO OTHER WEB SITES
The pomellato.com US Site may provide hyperlinks to third party websites (the “Third Party Websites”). Neither YOOX NET-A-PORTER GROUP nor Pomellato S.p.A operates, controls, endorses or guarantees any Third Party Websites. You agree that YOOX NET-A-PORTER GROUP and Pomellato S.p.A are not responsible for any content, services and/or products provided by any Third Party Website, and that YOOX NET-A-PORTER GROUP and Pomellato S.p.A are not responsible for any practice followed by such Third Party Website with respect to the collection and processing of personal information of their users. YOOX NET-A-PORTER GROUP and Pomellato S.p.A provide hyperlinks to Third Party Websites only for the convenience of our users. By providing hyperlinks to Third Party Websites, YOOX NET-A-PORTER GROUP and Pomellato S.p.A do not recommend that 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 NET-A-PORTER GROUP, YNAP, and/or Pomellato S.p.A , expressed, implied or otherwise, including, but not limited to, warranties of title, fitness for a particular purpose, merchantability or non infringement and under no circumstances are YOOX NET-A-PORTER GROUP, YNAP, and/or Pomellato S.p.A 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 our Customer Care by selecting “Privacy” from the drop-down menu or by sending a mail to the addresses provided above.
16. ACCESSIBILITY ISSUES
Although we have done our best to make the pomellato.com US Site fully accessible to all users, if you have any problems with or questions about accessibility, please do not hesitate to contact us.
17. GOVERNING LAW
The processing of personal data by YOOX NET-A-PORTER GROUP and Pomellato S.p.A 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 pomellato.com US 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 Pomellato S.p.A . 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.
18. MODIFICATION AND UPDATING
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