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Privacy Policy

Welcome to http://www.stefanel.com/ (hereinafter “the Site”). You are asked to read our Privacy Policy carefully. It applies whether you decide simply to browse the site and use its services without purchasing any product or whether you purchase any of the products offered for sale.

By using the Site, you accept the terms described in the Privacy Policy and in the Privacy Notice at the end of the Policy. If you do not agree to some one or more of the terms and procedures described in the Privacy Policy, you are requested not to use the Site. The processing of the personal data of Users and consumers of the Site (hereinafter collectively referred to as “Users”) will take place in Italy and shall be carried out in compliance with the applicable European legislation and the Code for the Protection of Personal Data (Legislative Decree no. 196 of 30 June 2003, hereinafter referred to as the “Privacy Code”), which governs the processing of personal data by all persons and bodies resident or registered in Italy.

The Stefanel site is owned by Stefanel S.p.A. and managed by Triboo Digitale S.r.l..

Stefanel S.p.A. and Triboo Digitale S.r.l. have great respect for the privacy of Users. Any data provided by visitors to the Site will be processed with extreme care and with equipment that ensures its security, in compliance with the Italian legislation in force relating to the protection of personal data.

Any personal data provided by the User while using the Stefanel Site (hereinafter “the Site”) will be processed by the data owner, Stefanel S.p.A., registered office at via Postumia 85, Ponte di Piave (TV), info@stefanel.com (hereinafter “Stefanel”) and by  Triboo Digitale S.r.l., registered office at Viale Sarca 336 - 20126 - Milano (hereinafter “Triboo Digitale”), both in its capacity as the data processor appointed by Stefanel to manage the Site and its services (maintenance, updating, assistance to Users, sending newsletters etc.) and in its capacity as joint data owner, given that Stefanel, acting through its legal representative Achille Mucci, has granted Triboo Digitale the concession for the sale of products through the Site. The processing, as performed by automated devices and otherwise, will comply with the provisions of Legislative Decree no. 196 of 30 June 2003 (Code for the Protection of Personal Data). In particular, the data is processed to allow Site browsing, registration, the agreement and performance of contracts of sale, the provision of products and services requested by the User and, on the basis of a further specific notification and with the prior consent of the User, the provision of commercial information. For these purposes, and only for these purposes, the User’s data may be passed on to Stefanel and to any persons or organisations contractually connected to Stefanel and Triboo Digitale (such as importers, distributors, resellers, carriers, banks and credit organisations and Internet service providers) or to companies in the Stefanel group or forming part of its sales and assistance network (such as branches, importers, distributors, concessionaires and workshops), including companies registered in countries outside the European Union. In such cases the data shall be processed by those persons and organisations solely for the purposes described above, and any such data may be drawn to the attention of the data owners and any data processors appointed by Stefanel, Triboo Digitale and the persons or bodies mentioned.

Under the Privacy Code, Triboo Digitale S.r.l., registered office at Viale Sarca 336 - 20126 - Milano, Italy, VAT number 02912880966 (hereinafter “Triboo Digitale”), and Stefanel S.p.A., registered office at Via Postumia 85, 31047 Ponte di Piave (TV), Italy, entered on the Treviso Register of Businesses as no. 154803, tax reference and VAT number 01413940261 (hereinafter “Stefanel”) are the data owners in relation to the personal data of Users, in each case in respect of the various services supplied by it in relation to the use of the Site. In particular, Triboo Digitale is the data owner in respect of the personal data of Users in relation to online sales and after-sale activities carried out by means of the Site, while Stefanel is the sole data owner in respect of the personal data of Users in relation to general marketing activities, and any future targeted marketing activities, carried out by means of the Site.

1. The policy

Everyone has a right to the protection of personal data concerning himself, and Triboo Digitale and Stefanel respect the right of their Users to be informed about the collection and processing of their personal data. In the processing of data which may directly or indirectly be used to identify you, we endeavour to abide by a principle of strict necessity. For this reason, the Site has been configured in such a way that the use of personal data is reduced to a minimum, and so as to avoid the processing of personal data whenever the purposes pursued in particular cases may be achieved by using anonymous data (for example in market research aimed at improving services) or other means which allow the data subject to be identified only in cases of necessity or at the request of the authorities or the police (for example, by data relating to the volume handled by and time spent on the Site or your IP address). The Privacy Policy contains all the information needed to understand how we collect and use information identifying Site Users. For any other information about our Privacy Policy you should send your questions by email to privacy@fullycommerce.com or to the address of the registered office of Triboo Digitale or Stefanel given above.

2. Who processes your personal data, how and for what purposes

Under the Privacy Code, Triboo Digitale is the data owner in respect of the personal data supplied by Site Users (hereinafter “PersonalData”) for the purpose of managing, agreeing and performing commercial transactions concerning the purchase of products through that Site (hereinafter “CommercialPurposes”): Triboo Digitale decides on the purposes and means of this data processing and the devices to be used, including the security profile. For purely organisational and functional purposes, Triboo Digitale has appointed some external processors of personal data for purposes closely connected and related to the provision of services on the Site, including the sale of products (for example, customer support and the dispatch of purchased products). These data processors have been chosen on the basis that they have shown that they are experienced, capable and trustworthy and have provided suitable assurances that they will fully abide by the statutory provisions in force concerning data processing, including the security profile of the data. The data processors process the personal data in accordance with the instructions issued by Triboo Digitale. We check periodically that the data processors have scrupulously carried out the tasks entrusted to them and that they continue to provide suitable assurances that they will fully abide by the statutory provisions in force concerning data processing. The names and details of the processors of personal data appointed by Triboo Digitale may be obtained by sending a request in writing to privacy@fullycommerce.com. Triboo Digitale is also a data processor, as it has been appointed by Stefanel to carry out the activities described below.

Under the Privacy Code, Stefanel is the data owner in relation to the personal data of Site Users (hereinafter “Personal Data”) for the purpose of direct and targeted marketing in accordance with the consent given by the data subject (hereinafter “Marketing Purposes”), and uses that personal data in order to send out a newsletter relating to the world of Stefanel, its products and promotion messages, both general and tailored to suit the purchasing habits of the User.

Personal data will be processed in their respective fields of activity by data processing staff chosen for the purpose by Triboo Digitale and Stefanel. In each case, personal data will be processed solely by data processing staff specifically authorised for the purpose and monitored by Triboo Digitale and Stefanel, so as to prevent unauthorised access to the data or illegal processing by third persons.  The categories of persons appointed as data processors are stated in more detail in the Privacy Notice at the end of the Privacy Policy.

Personal data is processed mainly in electronic format, and in a few cases also in hard copy, for example when the processing of personal data is necessary to prevent frauds on the Site. Personal data shall be stored in a form allowing identification of the User only for as long as strictly necessary for the purpose for which the data was collected and processed and, in any event, within the limits allowed by law. To ensure that personal data is always accurate and up to date, as well as relevant and complete, you are requested to inform us of any change at privacy@fullycommerce.com

Personal data will not be passed on to third parties for purposes not allowed by law or without your express consent. Apart from companies acting as data processors, personal data is made available to third parties who are independent data owners, for purposes incidental or conducive to the supply of services requested by the User (for example, purchase transactions). You may at any time obtain an up to date list of data processors by writing to us at privacy@fullycommerce.com.

Personal data will not be transferred abroad to countries that do not belong to the European Union (apart from companies forming part of the Stefanel Group) and do not ensure standards for ensuring the appointment of suitable persons. If it becomes necessary for the achievement of the Commercial Purposes, we assure you that personal data will only be transferred to countries that do not belong to the European Union (apart from companies forming part of the Stefanel Group) and do not ensure standards for ensuring the appointment of suitable persons following the agreement of specific contracts between Triboo Digitale and the data subjects in the case of the Commercial Purposes, or between Stefanel and the data subjects in the case of the Marketing Purposes of the Site, containing clauses safeguarding the protection of personal data in accordance with the applicable law and regulations.

Triboo Digitale and Stefanel may find themselves in the position of processing the personal data of third parties supplied to them directly by Users, for example if the User has purchased a product to send to a friend, or when the person paying the purchase price of the product is different from the person to whom it is to be sent, or else when the User wishes to inform a friend about a service or product for sale on the Site. In all these cases, it is best to be sure to obtain the consent of the person to whom the data refers before supplying it to Triboo Digitale and/or Stefanel, and to inform that person about the Privacy Policy: the User shall be solely liable if he supplies information or data concerning third parties without having been expressly requested by them to do so, and for any incorrect or unlawful use of that data. In any event, Triboo Digitale and Stefanel, within the limits of the statutory requirements, will comply with their obligation of keeping the User informed and, if necessary, will seek his express consent to the recording of the personal data in question in their databanks.

In order to allow the activation of specific functions and the better performance of the Site, the Site uses “cookies”, that is to say files sent by the Site server and saved, by means of the User’s browser, on the User’s hard drive, containing details concerning the User’s online activities (Site pages visited, relevant geographical area, any website from which the User connected to the Site, successfully completed orders), which the User’s computer sends back to the Site server when the User visits the Site on future occasions. The data recorded in cookies does not contain and is not in any way associated with data which identifies the User, does not allow the identification of the User and cannot in any way be used to identify him: it is used solely to speed up certain functions of the Site when the User next visits the Site or to carry out activities of a statistical nature or produce reports by processing data in an anonymous or collective form.  The User may, at his option, be informed about the use of cookies, or limit or prevent their use, by altering the options available on his browser. The User can also arrange for cookies to be blocked altogether, again by using the functions on his browser. In these last cases some functions of the Site may not work correctly.

The provision of data is optional, in the sense that there is no legal obligation to supply it, but it is sometimes necessary in order to use the Site, to complete the registration procedure, to allow the formation and performance of contracts of sale through the Site and to enable us to provide the information, help and services requested by the User. Failure to provide data may mean that it is impossible to use the Site and its functions, to register online, to enter into contracts, to perform those contracts and to receive the information, help and services requested.

Further specific information about data processing may be supplied in relation to particular activities or services available on the Site.

3. What happens if you do not supply your personal data to Triboo Digitale and Stefanel

The supply of personal data for Commercial Purposes (in particular, name and date of birth, email address, postal address, credit/debit card details, bank account details and telephone number) to Triboo Digitale is necessary in order to pursue those Commercial Purposes. Any refusal to supply Triboo Digitale with the personal data necessary for these purposes may mean that it is impossible to perform the contract for the purchase of products on the Site or to fulfil properly the duties imposed by statute and regulations. Failure to supply personal data can therefore, depending on the circumstances, be a lawful and reasonable excuse for not performing the contract for the purchase of products on the Site. The provision of additional personal data, other than that required for the Commercial Purposes, is optional and has no effect on the purchase of products on the Site.

The supply of personal data to Stefanel for Marketing Purposes is always optional, and is connected with the process of registering on the Site. Failure to supply such data, like the withholding of consent to data processing for Marketing Purposes, has no effect on the purchase process, except that it is then impossible to register on the Site and have the benefit of services such as newsletters, general or targeted offers and access to promotional areas of the Site reserved for registered Users.

We shall from time to time give you due notice concerning the required or optional provision of personal data to Triboo Digitale and Stefanel and the possible consequences of not providing it. We repeat that failure to provide optional personal data does not result in any liability or detriment to Users.

4. To whom we pass on personal data

Personal data may be made available to third party companies providing specific services on behalf of Triboo Digitale and Stefanel, in the capacity of data processors, or notified to other third parties – whose names will be specified from time to time – who independently process data solely in order to enable performance of purchase contracts for products on the Site (for example banks, for the purpose of remote electronic payment by credit or debit card) and only on condition that the purpose in question is not inconsistent with the purposes for which the personal data was collected and processed and, in any case, in full compliance with the law.

In particular, Triboo Digitale uses the services of PVS Services Italia s.r.l., as an external processor, for the processing of the personal data of Users so far as necessary, in the context of the Commercial Purposes, to complete the stages of dispatch, return and management of errors and defects in relation to products purchased on the Site, as more particularly described in the Conditions of Sale of the Site, which may be viewed at the following link. In this connection, PVS Services Italia s.r.l. in turn makes use of the services of professional carriers (UPS, Federal Express, DHL etc.) in order to complete the dispatch stage. These carriers, as external data processors, will process the personal data of Users solely for the purpose of completing the tasks assigned to them.

For Marketing Purposes Stefanel from time to time makes use of the services of third party companies acting as external data processors; these external data processors include Triboo Digitale, which provides Stefanel with services of management of the “Stefanel” online shop, as expressly provided in the Conditions of Sale, which may be viewed at the following link.

Should the arrangement between Triboo Digitale and Stefanel, whereby Triboo Digitale manages the sale of Stefanel’s products through the Site, come to an end, Triboo Digitale will supply Stefanel with the data of Users who have completed the registration process on the Site, so that the following information is retained for each User:

(a) personal user details;

(b) the details of completed transactions;

(c) the terms of any consent to the processing of personal data.

Personal data shall not be notified, handed over or otherwise transferred to other third parties without prior notice to the Users, or without their consent when this is required by law.

5. How personal data on the Site is collected

Triboo Digitale and Stefanel collect personal data and other information directly from Users, within the context of the processes respectively undertaken by each of the two companies (the purchase of products on the Site by means of e-commerce transactions / the completion of User registration forms for the Site for Stefanel’s Marketing Purposes).

In particular, in pursuance of the Commercial Purposes, in the context of the purchase process for products on the Site, Triboo Digitale collects personal data (such as name and date of birth, email address, postal address, credit card details, bank account details and telephone number) by means of the order form for the sale of products on the Site.

This data is processed by Triboo Digitale and Stefanel within the limits and for the purposes stated in paragraph 2 above and in the Privacy Notice at the end of the Privacy Policy.

6. Security measures

Triboo Digitale and Stefanel have in place suitable security measures to reduce to a minimum the risks of destruction or loss, accidental or otherwise, of personal data, of unauthorised access or processing without consent or otherwise than for the purposes for which the data was collected, as stated in the Privacy Policy.

For the greater safety of your personal data, so far as this lies outside the control and management of Triboo Digitale and Stefanel, we advise you to make sure that the computer you use is provided with software applications which are adequate to protect data transmitted online, both received and sent (such as up to date virus protection) e and that your chosen internet service provider has in place suitable measures to protect the safe transmission of data online (such as firewalls and anti-spam filters).

7. Processing without consent

Please note that Triboo Digitale and Stefanel may process personal data even without the consent of the subject in certain cases provided by law, for example when necessary to comply with a statutory obligation.

For example, personal data may be passed on to police forces or the courts, in compliance with the law and following formal request from those authorities, for example in the context of fraud prevention.

 

8. The rights of data subjects

The data subject may always exercise the rights set out in articles 7, 8 and 9 of the Privacy Code, as summarised in the Privacy Notice at the end of the Privacy Policy.

In particular, as concerns the processing of your personal data for the Marketing Purposes of Stefanel, you may at any time exercise your rights under article 7 of the Privacy Code; in addition you may obtain a list of data processors and third parties to whom the data has been passed on, by sending an e-mail to privacy@fullycommerce.com or writing to Stefanel S.p.A. at its postal address, Via Postumia 85, 31047 Ponte di Piave (TV), Italy, e-mail info@stefanel.com.

Finally, Users who wish to be removed from the Stefanel promotions database and who do not wish to receive future marketing communications may send a request to this effect in either of the following ways:

1) by following the “unsubscribe” instructions given at the end of each e-mail; or

2) by sending an e-mail to privacy@fullycommerce.com containing a request to this effect.

9. Contacts

If you wish to receive more information about how Triboo Digitale and Stefanel process personal data, please send an e-mail to privacy@fullycommerce.com. To know your rights and be always up to date on the personal protection legislation concerning the processing of personal data, you are advised to visit the website of the Personal Data Protection Authority at www.garanteprivacy.it.

10. Governing law

This Privacy Policy is governed by Italian law and in particular the Privacy Code, which governs the processing of personal data, including data held abroad, by any person or body resident or registered in Italy or by means of devices located in Italy.

2) The Privacy Code ensures that the processing of personal data is carried out in such a way as to respect fundamental rights and freedoms, and the dignity of the data subject, with particular reference to confidentiality, personal identity and the right to the protection of personal data.

11. Variation and updates to the Privacy Policy of the Site

Triboo Digitale and Stefanel may vary or simply update the Privacy Policy of the Site, in whole or in part, among other reasons to reflect changes in the statutory provisions or regulations governing this subject and protecting your rights. Variations and updates to the Privacy Policy of the Site shall be binding as soon as they are published on the Site, in this section. For this reason, you are requested regularly to access this section to check the publication of the most recent and up to date Privacy Policy of the Site.

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Privacy Notice under Article 13 of Legislative Decree No. 196/2003

Please note that all personal data collected by us shall be processed in compliance with the requirements of statute and with your legally recognised rights as data subjects:

A) Data processing includes the operations of: collecting data by telephone or remote electronic means, in writing, from public registers, lists of deeds and documents and/or public and/or private databases (commercial information companies), recording, organising, storing and copying in hard copy, magnetic, automatic or electronic form, processing data collected by third parties, modifying, selecting, extracting, comparing, using, interconnecting with the data of other persons or bodies on the basis of qualitative, quantitative or time criteria, whether recurrent or to be defined from time to time, temporary processing for the purpose of fast aggregation or transformation of the data, making decisions whether by automatic means or by the use of personal discretion, the creation of profiles and notices, communicating, removing or deleting data, or any combination of two or more of the operations abovementioned;

B) Without prejudice to the passing on of data to third parties in fulfilment of statutory requirements of Community legislation, we may pass on data to our employees in the  administration, marketing, commercial, post-sales and complaints departments, as well as to the following persons and bodies, in Italy or abroad: 1) banks and credit providers, to make and receive payments; 2) insurers (for the insurance of goods in transit); 3) debt collection, debt insurance and factoring companies; 4) commercial information companies; 5) consultants and professionals; 6) professionals and professional practices (lawyers, accountants, statutory auditors etc.); 7) auditors; 8) other companies, bodies and/or individuals carrying on activities incidental or conducive to the performance of contracts or provision of services requested by you (e.g. companies for packaging or sorting correspondence, carriers, subcontractors, commercial information device management companies, web space and database management companies). Persons and bodies of this type may process data and in turn pass it on to others in their capacity as “data owners” under article 28 of Legislative Decree 196/2003, completely independently.

C) Data may be processed and passed on for the following purposes: 1) to meet your needs prior to contract (e.g. preparing offers or orders, credit checks); 2) to fulfil contractual obligations (connected with the supply or acquisition of goods and/or services) and statutory obligations (e.g. accounts, tax returns, and administrative, accountancy or financial management); 4) to manage customers and suppliers; 5) managing expectations and risk control (fraud, insolvency etc.); 6) to manage disputes and the allowing of credit; 7) financial services incidental to the management of customers/suppliers and the management of electronic means of payment; 8) insurance services incidental to the management of customers/suppliers. The abovementioned employees of Triboo Digitale and Stefanel may also process that data for the purposes of 9) profiling 10) rewarding loyalty and 11) sending newsletters and other promotional and commercial materials.

D) You are only required to supply data for the purposes listed in paragraph C) sub-paragraphs 1 to 8 above and accordingly your prior consent to the processing of data for those purposes is not necessary. You are free to give or withhold consent to the processing of data for the purposes listed in sub-paragraphs 9, 10 and 11, but should you withhold consent this will prevent us from carrying out activities in pursuance of those purposes.

In particular, please note that processing for the purpose listed in sub-paragraph 11 may involve a certain amount of profiling and loyalty monitoring, but only to the extent strictly necessary to meet in the best targeted way your request to receive newsletters and promotional and advertising material of particular interest to you. Please note also that, under article 130 paragraph 4 of the Privacy Code, it is not necessary to obtain consent to send email advertisements for products and services similar to ones you have previously purchased on the Site, subject to your right of express refusal. Data will be processed for as long as you are in contractual relations with us and, thereafter, for as long as is necessary to comply with our statutory obligations and keep your business profile, so as to make an informed choice of customers and/or suppliers. You are free to withhold or withdraw consent at any time, however if you do withhold consent this will make it impossible to perform our contractual obligations to you.

E) The data owners of your personal data are, for the purposes respectively described in the Privacy Policy, Triboo Digitale S.r.l., registered office at Viale Sarca 336 - 20126 - Milano, Italy and Stefanel S.p.A., registered office at Via Postumia 85, 31047 Ponte di Piave (TV), Italy. For each company, the data processor is the legal representative of that company for the time being. Please apply to the data owner with any request relating to the exercise of your rights under articles 7, 8 and 9 of Legislative Decree 196/2003 as described below.

F) You may in any event exercise the following rights in relation to your personal data, as provided in articles 7, 8 and 9 of the Privacy Code:

Article 7 subsection 1: ... the right to obtain confirmation as to whether or not personal data concerning you exist, even if not already recorded, and the communication of such data in intelligible form;

subsection 2: ... to be informed a) of the source of the personal data; b) of the purposes and methods of the processing; c) of the logic applied to the processing, if the latter is carried out with the help of electronic means; d) of the identification data concerning the data controller, the data processors e) the persons or bodies or categories of persons or bodies to whom or which the personal data may be passed on and who or which may become aware of such data in their capacity as designated representatives in the territory of the State, data processors or employees engaged in processing;

subsection 3: ... to obtain a) updating, rectification or, where you have an interest, replacement of the data; b) erasure, anonymisation or blocking of unlawfully processed data, including data which it is unnecessary to retain for the purposes for which it has been collected or subsequently processed; c) certification that the operations in paragraphs a) and b), including the contents of the corrected information, have been notified to the persons or to whom or which the data has been passed on or distributed, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.

subsection 4 (...): to object, in whole or in part, a) on legitimate grounds, to the processing of personal data concerning you, even though they are relevant to the purpose for which it was collected; b) to the processing of personal data concerning you for the purpose of sending advertising materials or direct selling or for the performance of market research or commercial communication. (Note: our company, when processing data for the purposes in article 7 subsection 4 above, will in any event ask you for express written consent following a suitable notice.)

Article 8 subsection 1: The rights referred to in article 7 may be exercised by making a request to the data controller or processor without formalities; this request may also be made through an employee engaged in processing. A suitable response to that request shall be provided without delay.

subsection  2: Exercise of the rights referred to in article 7 may be permitted with regard to data of a non-objective nature, on condition that it does not concern rectification of or additions to personal evaluation data in connection with judgments, opinions and other types of subjective assessment, or the specification of policies to be implemented or decision-making activities by the data controller.

Art. 9 subsection 1: The request addressed to the data controller or processor may be conveyed a) by means of a registered letter, facsimile or e-mail b) if the request relates to the exercise of rights referred to in article 7 subsections 1 and 2, it may also be made orally; in this case, a note of the request in summary form will be made by an employee engaged in data processing or the data processor.

subsection 2: The data subject may grant, in writing, power of attorney or representation to individuals, bodies, associations or organisations in connection with exercise of the rights above mentioned. The data subject may also be assisted by a person of his/her choice.

subsection 3: The rights referred to in article 7, when they relate to the personal data concerning deceased persons, may be exercised by anyone with an interest therein or acting to protect a data subject or for family-related reasons deserving protection.

subsection 5: The request referred to in article 7 paragraphs 1 and 2 may be renewed at intervals of not less than ninety days, unless there are well-founded reasons.