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Privacy Policy

PRIVACY POLICY PURSUANT TO ART. 13 OF EU REGULATION 2016/679



Pursuant to Art. 4 of EU Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter "EU Regulation"), this Dsquared2 S.p.A. privacy policy provides all those who visit this website with information on how your personal data will be used and processed.




Definitions


"Personal data" (e.g. Art. 4 number 1 of EU Regulation 2016/679) means any information relating to an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.


"Processing", (e.g. Art. 4 number 2 of EU Regulation 2016/679) means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise providing access, alignment or combination, restriction, erasure or destruction.




Who is the Data Controller? And how can I contact them?


Company Name: Dsquared2 S.p.A.
Registered office address: Via Ceresio 9, 20154 Milano, Italy, Italy
Email contact details: privacy@dsquared2.com
This website is managed by YOOX NET-A-PORTER GROUP S.p.A.
Dsquared2 S.p.A. can be contacted at the above addresses.




Contact details of the Data Protection Officer (DPO)


First name and surname: Avv. Matteo Alessandro Pagani
Domicile for these purposes: via Filippo Turati, n. 26 – 20121 Milan
Telephone contact details: 02.39443190
Email contact details: dpo@dsquared2.com




Data processing for marketing purposes


Personal Data collected

Dsquared2 S.p.A. collects and processes the following personal data when you browse or shop on dsquared2.com:

  • personal data necessary to conclude and fulfil your purchase on dsquared2.com such as name and surname, e-mail address, shipping address, billing address, telephone and payment details;
  • e-mail address for subscription to the newsletter service;
  • personal data provided when contacting Customer Service to provide the requested assistance;
  • personal data for marketing communications;
  • to register your Account we collect your name and surname, email address, password, gender, and date of birth. If you are a registered user, we collect information about your access to the reserved part of ​​the Website. By express consent, through the analysis of your personal data, we can process information regarding your interests and preferences with respect to our products and services, in order to present proposals and offers in line with your tastes.
  • information about your browsing on dsquared2.com, such as the pages you visit and how you interact with the single page and we save this information on our servers;
  • in order to improve your shopping experience.

Please note that Dsquared2 S.p.A. does not process personal data relating to minors. If you access dsquared2.com and use the services offered by Dsquared2 S.p.A. you agree that you are over the age of majority.


Purposes of the processing

Dsquared2 S.p.A. processes the data subject's data by electronic means, and possibly on paper for marketing purposes by sending promotional and informational material by email.


For each of the purposes identified above, the following table specifies the legal grounds, the categories of data, the categories of personal data and their retention period:


Purpose of the processing for which the personal data is intended Legal grounds for processing Categories of personal data subject to processing Retention period of personal data Categories of receivers
Entering and performing the contract for the purchase of products Contract Personal identification data Until the completion of administrative and accounting formalities and for a further period of 10 years *
Registration on the Website and use of the services offered to registered users Contract Personal identification data Until you request deletion of your account *
Provision of the services offered on dsquared2.com Contract Personal identification data Until termination of the service or until you request cancellation of subscription to the service *
Management of Customer Care enquiries Contract / Consent Personal identification data Until your request is satisfactorily resolved *
Submission of CVs and assessment of applications for an open position Consent Personal identification data and specific data relating to health status 12 months *
Statistical analyses and surveys to improve product range and services Consent Data and personal identification data Until you unsubscribe from the service or on your request to discontinue the activity *
Sending marketing communications after purchase of a product Consent Personal identification data Until termination of the service or until you exercise your right to object by unsubscribing *
Marketing communications relating to products and services (news, new arrivals, exclusives, offers and promotions) and to carry out market research and surveys to assess satisfaction in order to improve services and the relationship with users Consent Personal identification data Until you unsubscribe from the service or upon your request to discontinue the activity and in any case no longer than 2 years *
Customising the experience as a registered user on dsquared2.com, suggesting previews and offers in line with your tastes and sending marketing communications tailored to your interests Consent Personal identification data Until you withdraw your consent to such activity or until the termination of such activity, and in any case no longer than 12 months *
Improving your shopping experience (identifying the nearest store, entering credit card information via camera) Consent Personal identification data and data related to the geographical position Until termination of the service or withdrawal of the consent given *
TABLE 1
*Categories of receivers

In relation to the purposes indicated, data may be disclosed to the following parties and/or categories of parties listed below, or may be disclosed to companies and/or persons in EU countries that provide services, including external services, on behalf of the Controller. For the sake of clarity and by way of example but not exhaustively, these** include the following types:


  • Banks;
  • Internet providers;
  • Companies specialised in computer and telecommunications services;
  • Couriers;
  • Companies specialising in market research and data processing;
  • Communications agencies;
  • Marketing consultancy companies;
  • Supervisory and oversight bodies.

(**) the list of the Recipients / external Processors with further data that may be used for identification is available from the Data Controller in charge of the processing of personal data.


Transfer of personal data to non-EU third countries

The transfer of your personal data to countries that are not members of the European Union and that do not ensure adequate levels of protection will only be carried out after specific agreements have been entered into between Dsquared2 S.p.A. and said parties, containing safeguarding clauses and appropriate guarantees for the protection of your personal data, known as the 'standard contractual clauses', also approved by the European Commission, or if the transfer is necessary for the stipulation and fulfilment of a contract with Dsquared2 S.p.A. (for the purchase of goods offered on our Website, for registration on the Website or for the use of services on the Website) or for the management of your requests.


Retention period

Personal data will be retained until a request is made to discontinue the service.


Rights of the data subject

In relation to the personal data covered by this policy, the data subject has the right to exercise the rights provided for by the EU Regulation as indicated below:


  • right of access by the data subject [Art. 15 of the EU Regulation](consisting of the ability to be informed about the processing of personal data and if required receive a copy);
  • right to correction of personal data [Art. 16 of the EU Regulation] (the data subject has the right to have inaccurate personal data concerning him or her corrected);
  • right to deletion of personal data without undue delay (“right to be forgotten”) [Art. 17 of the EU Regulation] (the data subject has the right to have his or her personal data deleted);
  • right to the restriction of processing of personal data in the circumstances provided for in Art.18 of the EU Regulation, including in the event of unlawful processing or dispute of the accuracy of the personal data by the data subject [Art. 18of the EU Regulation];
  • right to data portability [Art. 20 of the EU Regulation], (the interested party may request his/her personal data in a structured format in order to transfer it to another Data Controller, in the cases provided for by the same article);
  • right to object to the processing of personal data [Art. 21 of the EU Regulation] (the data subject has the right to object to the processing of his/her personal data in the cases provided for and regulated by Art. 21 of the EU Regulation);
  • right not to be subjected to automated decision-making [Art. 22 of the EU Regulation] (the data subject has the right not to be subject to a decision based solely on automated processing).

The above rights can be exercised in accordance with the EU Regulation by sending an email to privacy@dsquared2.com.
In accordance with Art. 19 of the EU Regulation, Dsquared2 S.p.A. informs the recipients to whom the personal data has been disclosed of any corrections, deletions or restrictions to the processing required, where this is possible.
If the purpose of the processing carried out by Dsquared2 S.p.A. has consent as its legal grounds, the data subject has the right to withdraw consent at any time by sending an e-mail to privacy@dsquared2.com.
Pursuant to Art. 7 of the EU Regulation, withdrawal of consent does not affect the legality of any processing carried out on the basis of consent prior to such withdrawal.
If the data subject considers that his/her rights have been compromised, he/she has the right to lodge a complaint with the Italian Data Protection Authority.


Automated decision making process

The use of automated decision-making processes, including profiling, that have legal effects affecting the data subject, or that have a similar significant impact on him or her, is lawful only in the cases provided for and regulated by Art. 22 of the EU Regulation, or if:

  • it is necessary for the conclusion or performance of a contract between the data subject and the data controller;
  • it is authorised by EU law or by the law of the Member State to which the data controller is subject;
  • it is based on the explicit consent of the data subject.

Processing methods

Personal data will be processed in paper, electronic and telematic form and entered in the relevant databases (potential customers, customers, users, etc..) which can be accessed by, and thus disclosed to, persons expressly designated by the Controller as Processors and Agents responsible for the processing of personal data, that may consult, use, process, compare, or perform any other appropriate operation, including automated operations, in compliance with the legal provisions necessary to guarantee, inter alia, the confidentiality and security of data as well as the accuracy, updating and relevance of the data with respect to the stated purposes.




Processing of data relating to the Contact page


Personal Data collected

Dsquared2 S.p.A. collects and processes Personal Data provided by data subjects, such as their identification data (for example, first name, surname and email address)


Purposes of the processing

Dsquared2 S.p.A. processes the data subject's data by electronic means, and possibly on paper, in order to respond to enquiries or requests submitted by you, to resolve problems relating to our goods or services, and to obtain useful advice aimed at improving our service.


For each of the purposes identified above, the following table specifies the legal grounds, the categories of data, the categories of personal data and their retention period:


Purpose of the processing for which the personal data is intended Legal grounds for processing Categories of personal data subject to processing Retention period of personal data Categories of recipients
Management of Customer Care enquiries Consent / Contract Personal identification data Until your request is satisfactorily resolved *
TABLE 1

*Categories of recipients

In relation to the purposes indicated, data may be disclosed to the following parties and/or categories of parties listed below, or may be disclosed to companies and/or persons in EU countries that provide services, including external services, on behalf of the Controller. For the sake of clarity and by way of example but not exhaustively, these** include the following types:

  • Banks;
  • Internet providers;
  • Companies specialised in computer and telecommunications services;
  • Couriers;
  • Companies specialising in market research and data processing;
  • Communications agencies;
  • Marketing consultancy companies;
  • Supervisory and oversight bodies.

(**) the list of the Recipients / external Processors with further data that may be used for identification is available from the Data Controller in charge of the processing of personal data.


Transfer of data to non-EU third countries

The transfer of your personal data to countries that are not members of the European Union and that do not ensure adequate levels of protection will only be carried out after specific agreements have been entered into between Dsquared2 S.p.A. and said parties, containing safeguarding clauses and appropriate guarantees for the protection of your personal data, known as the 'standard contractual clauses', also approved by the European Commission, or if the transfer is necessary for the stipulation and performance of a contract with Dsquared2 S.p.A. (for the purchase of goods offered on our Website, for registration on the Website or for the use of services on the Website) or for the management of your requests.

Retention period
Personal data will be retained until the request is completed.

Rights of the data subject

With regard to the personal data covered by this policy, the data subject has the right to exercise the rights provided for in the EU Regulation set out below:

  • right of access by the data subject [Art. 15 of the EU Regulation];
  • right to correction of Personal Data [Art. 16 of the EU Regulation];
  • right to deletion of Personal Data without undue delay (“right to be forgotten”) [Art. 17 of the EU Regulation];
  • right to the restriction of processing of Personal Data [Art. 18 of the EU Regulation];
  • right to data portability [Art. 20 of the EU Regulation];
  • right to object to the processing of Personal Data [Art. 21 of the EU Regulation];
  • right not to be subjected to automated decision-making,[Art. 22 of the EU Regulation].
The above rights can be exercised in compliance with the Regulation by sending an email to dpo@dsquared2.com. Dsquared2 S.p.A., in accordance with Art. 19 of the EU Regulation, Dsquared2 S.p.A. informs the recipients to whom the personal data has been disclosed of any corrections, deletions or restrictions to the processing required, where this is possible. If the purpose of the processing carried out by Dsquared2 S.p.A. has consent as its legal grounds, the data subject has the right to withdraw consent at any time by sending an e-mail to dpo@dsquared2.com. Pursuant to Art. 7 of the EU Regulation, withdrawal of consent does not affect the legality of any processing carried out on the basis of consent prior to such withdrawal. If the data subject considers that his/her rights have been compromised, he/she has the right to lodge a complaint with the Italian Data Protection Authority.

The Company does not use any automated decision-making processes.

Processing methods

Personal data will be processed in paper, electronic and telematic form and entered in the relevant databases (potential customers, customers, users, etc.) which can be accessed by, and thus disclosed to, persons expressly designated by the Controller as Processors and Persons Responsible for the processing of personal data, that may carry out consultation, use, processing, comparison and any other appropriate operation, including automated operations, in compliance with the legal provisions necessary to guarantee, inter alia, the confidentiality and security of data as well as the accuracy, updating and relevance of the data with respect to the stated purposes.




Data processing for browsing purposes


During their normal operation, the computer systems and software procedures used to operate this website acquire some personal data, the transmission of which is implicit in the use of Internet communication protocols. This information is not collected in order to be linked to identified data subjects, but by its very nature it could, through its use and in conjunction with data held by third parties, allow users to be identified.

Among the information that may be collected are IP addresses, the type of browser or operating system used, URI (uniform resource identifier) addresses, the domain name and addresses of the websites from which you accessed or left the website (referring/exit pages), the time when the request was made to the server, the method used and information on the response obtained, additional information about your browsing on the website (see also the section on cookies) and other parameters regarding the operating system and computer environment.
This same data could also be used to identify and establish responsibilities in the event of any cyber crime against the website.




Notice concerning children under 18 years of age



Minors under 18 years of age cannot provide personal data. Dsquared2 S.p.A. shall not be in any way responsible for any collection of personal data or false statements provided by a minor and in any case, if it is recognised that such data has been used, Dsquared2 S.p.A. shall grant the right of access to and deletion of the same to the legal guardian or to the person who has parental authority.





Exercising the rights of the data subject



With regard to the personal data covered by this policy, the data subject is entitled to exercise the rights provided for in the EU Regulation set out below:

  • Right of access by the data subject [Art. 15 of the EU Regulation]: the data subject has the right to obtain confirmation from the data controller as to whether or not personal data concerning him/her is being processed and, if so, has the right to access the information expressly referred to in the aforementioned article, including, for example but not limited to, the purposes of the processing, the categories of data and recipients, the retention period, the existence of the right of deletion, rectification or restriction, the right to lodge a complaint, all available information on the source of the data, any existence of an automated decision-making process pursuant to Art. 22 of the Regulation, as well as a copy of his/her personal data.
  • Right to correction [Art. 16 of the EU Regulation]: the data subject has the right to have the data controller correct and/or supplement inaccurate personal data concerning him/her, without undue delay;
  • Right to deletion (“right to be forgotten”) [Art. 17 of the EU Regulation]: the data subject has the right to have his/her personal data deleted without undue delay, subject to one of the reasons expressly provided for in the aforementioned article, including, by way of example but not limited to, the absence of a necessity for the processing in relation to the purposes, the withdrawal of the consent on which the processing is based, objection to the processing in the event that it is based on a non- prevailing legitimate interest, unlawful data processing, deletion due to legal obligations, data of minors processed in the absence of the applicability conditions provided for by Art. 8 of the Regulation;
  • Right to the restriction of processing [Art. 18 of the EU Regulation]: in the circumstances provided for in Art. 18, including unlawful processing, dispute of the accuracy of the data, objection by the data subject and the absence of a need for processing by the controller, the data subject's data must be processed only for the purpose of storage, save with the consent of said data subject, and in the other circumstances expressly provided for in the article cited above;
  • Right to data portability [Art. 20 of the EU Regulation]: in cases where the processing is based on consent and on the contract ,and is carried out by automated means, the data subject may ask to receive their personal data in a structured format, commonly used and readable by an automatic device, and has the right to transfer it to another controller;
  • Right to object [Art. 21 of the EU Regulation]: the data subject has the right to object to the processing of his/her personal data, where such processing is based on a non-prevailing legitimate interest or where such processing is carried out for direct marketing purposes;
  • Right not to be subjected to automated decision-making [Art. 22 of the EU Regulation]: the data subject has the right not to be subject to a decision, including profiling, based solely on automated processing (e.g. carried out solely by electronic means or by computer programs).

The above description does not replace the text of the articles cited herein, which have been referenced, and should be read, in full

https://www.cyberlaws.it/2017/gdpr-privacy-italiano/

Right to lodge a complaint

If the data subject considers that his/her rights have been compromised, he/she has the right to lodge a complaint with the Italian Data Protection Authority, in the manner specified by the same Authority on the following website:

http://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/4535524.




Changes and updates



This policy shows the date of its last update in its heading. Dsquared2 S.p.A. may also make changes and/or additions to this privacy policy as a consequence of any subsequent regulatory changes and/or additions.






Legal provisions on the rights of the data subject



Article 15

Right of access by the data subject
1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
a) the purposes of the processing;
b) the categories of personal data concerned;
c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
f) the right to lodge a complaint with a supervisory authority;
g) where the personal data is not collected from the data subject, any available information as to its source;
h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
2. If personal data is transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
3. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.



Article 16
Right to rectification

The data subject shall have the right to have the controller correct inaccurate personal data concerning him or her without undue delay. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.



Article 17

Right to erasure (“right to be forgotten”)
1. The data subject shall have the right to have the controller delete personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
a) the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
d) the personal data has been unlawfully processed;
e) the personal data must erased to comply with a legal obligation in Union or Member State law to which the controller is subject;
f) the personal data has been collected in relation to the offer of information society services referred to in A

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