Legal Area

PRIVACY POLICY STORE AREA

Welcome to the Store Area of www.maisonmargiela.com (" Website "). Please read our Privacy Policy carefully. This Privacy Policy applies when you visit or surf on the Store Area of our Website without purchasing any product, when you register with the Store Area, and when you use our services for purchasing products. This Privacy Policy does not apply to the Experience Area of the Website (i.e., the Website pages not dedicated to online shopping which may contain editorial information on our brands, the fragrance sections, etc.). If you haven't already done so, please also read our General Terms and Conditions of Use , which contain information on privacy as well as on the security systems used by the Website. When you visit or surf on the Store Area, your personal data may be collected, used and processed by Neuf, a French limited liability corporation (société à responsabilité limitée), with a share capital of 43,584 euros, registered with the Trade and Companies Registry of Paris (France) under No. 352 067 110, and having its registered office at 163 rue Saint Maur, 75011 Paris, France (“ Neuf ”) and Staff International S.p.A., an Italian corporation whose registered address is Via del Progresso 10, 36025, Noventa Vicentina (VI), Italy and whose tax code is 00482290244 (“ Staf ”) (jointly referred to as “ we ” or “ us ”), acting as controllers of your personal data. Neuf and Staff International will process as data controllers the personal data collected for marketing and profiling purposes (for example name and contact details and purchases made on the Website) . The Website is managed by YOOX NET-A-PORTER GROUP S.p.A. ("YNAP"), an Italian company with registered office in via Morimondo, 17 – Milano 20143, Italy. In particular, YOOX NET-A-PORTER GROUP manages the sale of the products and the transactions performed within the Store Area, which includes, for example, the management of orders, sales, and delivery of products, management of returned products, guarantees and other activities necessary to the sale of products through the Website. For performance of activities functional to the sale of products through the Website, YOOX NET-A-PORTER GROUP processes, as data controller and according to applicable privacy law, the users' data such as name and surname, residence, and information on credit card used by users (for example, name and surname of cardholder, card number, expiry date, security code). YOOX NET-A-PORTER GROUP will act as data controller of the personal data collected for the fulfilment of the contractual obligations with the consumers. This Privacy Policy provides you with important information regarding the processing of your personal data when you visit or surf the store area of the Website without purchasing any product or when you register with the store area of the Website, and when you use our services for purchasing products. Please read this Privacy Policy carefully.  

1. PRIVACY STATEMENT    
Everyone has the right to protection of his/her personal data. We respect the users' right to be informed regarding the collection of and other operations involving their personal data. In using data that may directly or indirectly identify you personally, we will apply a principle of strict necessity. For this reason, we have designed the website in such a way that the use of your personal data will be kept to a minimum and will not exceed the purposes for which your personal data was collected and/or processed. For further information on our Privacy Policy, please contact our Customer care by selecting “Privacy” or by writing Neuf or Staff International at the addresses mentioned above.  

2. WHO PROCESSES YOUR PERSONAL DATA    
We control the use of the personal data collected in the Store Area for marketing and profiling purposes. We autonomously determine the purposes and means of those data processing operations and the instruments used, including those for security measures. For organizational and operational reasons, we have appointed certain entities that will also process personal data for purposes connected to the performance of services on the Store Area of the Website. We select our data processors because of their experience in processing personal data and the guarantees they provide regarding compliance with data processing laws (including the technical security measures governing the processing to be carried out). In processing the personal data collected for marketing and profiling purposes through the Store Area of the Website, the processors shall act only on instructions from us. We regularly check that our processors comply with our instructions and that they continue to provide sufficient guarantees regarding their full compliance with the provisions on personal data processing. We as data controller of the personal data collected for marketing and profiling activities have appointed YOOX NET-A-PORTER GROUP as data processor for online marketing activities. YOOX NET-A-PORTER GROUP as data controller of the personal data processed for the fulfilment of the contractual obligations has appointed some external providers as data processors, among which:

  • United Parcel Service, for purposes related to shipping, delivering and returning products purchased on the Website; and
  • BT Italia S.p.A., for purposes related to the housing of YOOX NET-A-PORTER GROUP servers.

Please contact our Customer care by selecting “Privacy” if you would like to receive a full list of our data processors. Aside from the companies appointed for personal data processing, your information will be made available by YOOX NET-A-PORTER GROUP also to third parties acting as autonomous controllers, for purposes related to supplying services requested by you (for example, for purchase transactions, marketing activities).  

3. USE OF PERSONAL DATA AND PURPOSES    
Your personal data are collected and processed by us and YOOX NET-A-PORTER GROUP for purposes which are strictly connected to the use of the Website, its services and to the purchase of products on the Website. However, your personal data may also be used for other processing operations within the limits of such purposes. In particular, your personal data shall be processed for the following purposes:

  • when you register with the Store Area of our Website we collect your personal data (for example, your personal details, password, email address, gender) through the registration form (My Account) in order to provide you with services in the Website’s reserved access areas and to send you our Newsletter, when specifically requested;
  • when you require assistance from Customer Service, YOOX NET-A-PORTER GROUP collects your personal data (for example, your name and surnames, email address and password) for purposes strictly necessary to providing you with customer care services related to the Website services and to the purchase of products on the Website;
  • when you purchase products on the Website, YOOX NET-A-PORTER GROUP collects your personal data (such as personal details, email address, postal address, credit card numbers, bank code, tax code and telephone number) on your order form only for the purpose of selling and delivering the products ordered by you;
  • when you require technical assistance, YOOX NET-A-PORTER GROUP collects your personal data in order to provide you with information on net-surfing, browser compatibility and viewing or loading the Website's pages ;
  • when creating a Wish List, YOOX NET-A-PORTER GROUP processes your personal data in order to customise our services for the purchase of products on the Website.

Your personal data processed for contractual performance are mostly processed by electronic means and in some circumstances by paper-based means, such as when the processing of your personal data is required for preventing fraud on the Website. Your personal data shall be stored in a way which allows us to identify you for the period necessary for the purposes which the data was collected for and subsequently processed and, in any case, in accordance with applicable law, for no longer than 2 years after the end of the commercial relationship. Please report any modification of your personal data to our Customer Care by selecting “Privacy” in order to ensure that your personal information is always accurate and up-to-date, relevant and complete. Your personal data shall not be disclosed to third parties for purposes which are not permitted by law or without your explicit consent, where required. Your personal data processed for contractual performance may only be disclosed to third parties when it is necessary for processing an order. For example, your personal data are disclosed by YOOX NET-A-PORTER GROUP to Banca Sella S.p.A. for the performance of electronic distance payment services using credit/debit card when you purchase a product on our Website. Moreover, your data may be disclosed to the police or to judicial authorities, according to law and upon a formal request by such entities, for example in the event we need to prevent fraud on the Website (anti-fraud services). In all the above circumstances, your consent for data processing is not required. Your personal data will not be transferred abroad to non-EU countries that do not ensure an adequate level of protection of personal data. Should this be necessary in order to supply services or to execute a contract for the purchase of products, your personal data shall be transferred to such non-EU countries only after the execution of specific contracts between us and such entities in accordance with applicable law and regulations. Staff and Neuf as data controllers for marketing purposes and YOOX NET-A-PORTER GROUP as data controller for contractual obligations wish to inform you that the users’ personal data shall be processed for purposes which are strictly connected to the supply of services on the Website, the execution of contracts related to the sale and purchase of products on the Website and, after receiving your consent, to send you information on new commercial initiatives which are strictly connected to the Website's activities and services. We shall process your personal data for direct marketing purposes, including by email, only after receiving your consent. Data will be processed by electronic means and paper-based means, and will be stored in accordance with applicable law. YOOX NET-A-PORTER GROUP may have access to third parties' personal data which was directly disclosed by their users, for example when a user bought a product to be sent to a friend, when the user paying for the product is different from the recipient of the product, or when a user wishes to recommend to a friend a service of the Website or the sale of a particular product. In all of the above cases, please make sure you receive the consent of such individuals before disclosing their personal data to us and make sure you inform them about this Privacy Policy. In any event, YOOX NET-A-PORTER GROUP shall fulfil any obligation to inform third parties required by law and, when necessary, shall request their express consent upon registering in its archives the personal information of the user indicated. Data processors inform you that your personal data shall be stored for the retention data period stated by the applicable law.  

4. WHAT HAPPENS IF YOU DO NOT DISCLOSE YOUR PERSONAL DATA    
Providing your personal data to YOOX NET-A-PORTER GROUP (in particular, your personal details, your email address, your postal address, your credit/debit card numbers and bank code and your telephone number) is necessary for processing your order for the purchase of products on the Website, supplying other services provided on the Website upon your request, or when your personal information is needed to fulfil obligations required by law or regulations. It is not mandatory to provide us with your personal data (name, preferences, contact details, online purchases details), but the refusal to provide YOOX NET-A-PORTER GROUP with some of your personal data necessary to carry out the processing for the above purposes may consequently prevent YOOX NET-A-PORTER GROUP from processing your order for the purchase of products sold on the Website or from supplying other services provided on the Website, such as customer care services, the Wish List or to fulfill obligations required by law and other regulations. Therefore, failing to provide data may constitute, in some cases, a legitimate and justified reason for not processing your order for the purchase of products sold on the Website or not providing the Website’s services. Disclosure of further personal data to us (other than that required for fulfilling legal or contractual obligations or for providing the services requested), is, on the contrary, optional and does not have any effect on the use of the Website and of its services or on the purchase of products on the Website (for example, if we ask you the name of your favourite designer). . In case of refusal to provide some data to us(i.e. the email address), we will not be able to send you the Newsletter and/or the marketing communications, personalized or not, even if you consent to receiving electronic marketing communications from us. In some circumstances and if required from time to time, you will be duly informed whether the personal data you are disclosing to us or to YOOX NET-A-PORTER GROUP is compulsory or optional. In particular, whenever the disclosure of your data is compulsory it will be marked with an appropriate symbol (*). Compulsory data needed are those necessary for providing the required services on the Website and for the purchase of products on margiela.com. Optional personal data are those necessary for marketing purposes which absence will not imply any obligation or disadvantage to users.  

5. HOW WE COLLECT YOUR DATA ON THE WEBSITE    
When you are using the Website, some personal data might be collected automatically (through "cookies"), for example, when we automatically collect users' IP addresses and other information regarding the users' data traffic or the users' preferences in the choice of services provided on the Website and of the products purchased through the provided services. This information and data are collected directly and automatically by the Website as part of its operational functions. This information and data are then processed in a collective and anonymous way for commercial purposes in order to optimize the services provided on the Website for the needs and preferences of the Website's users. In other circumstances, we collect personal data and information from users when they register online with the Website while YNAP collects them when users send purchase orders of products sold on the Website in order to finalise e-commerce transactions. We and YOOX NET-A-PORTER GROUP will process such data only for the purposes and within the limits of what is stated in section 3 regarding data collection and may be disclosed to third parties only for the purposes related to providing the services requested by the user. See the Cookie Policy for further information.  

6. SECURITY MEASURES  
We have adopted security measures to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorised disclosure or access, and against all other unauthorized accesses or data processings not allowed or not in accordance with the collection purposes stated in our Privacy Policy. Nevertheless, we cannot guarantee that the security measures adopted for the protection of the Website and for data and information transmission on the Website will prevent or exclude any risk of unauthorised access or of loss of data. It is advisable that your computer be provided with software devices that protect network data transmission/receipt (such as updated antivirus systems) and that your Internet service provider take appropriate measures for the security of network data transmission (such as, for example, firewalls and anti-spam filtering).  

7. OPT-IN/OPT OUT    
We process your personal data only after receiving your consent, freely expressed, in order to send you advertising material and direct marketing or other commercial communications, including by email, which do not fall within customer requested services provided by the Website. Each time your consent is required, we will inform you in advance and we will give you the option to either provide or refuse your consent for the use of your personal data, including your email address, for the above purposes, by ticking the appropriate boxes. We wish to inform you that we together with YOOX NET-A-PORTER GROUP may process your personal data also without your consent in certain circumstances provided by law, such as when such processing is necessary for performing a legal obligation to which we are subject or when such processing is necessary for performing obligations undertaken in contracts with the users (such as, for example, if you purchased products on the Website or if you asked to use specific services through our web site). In any case, we wish to inform you that we guarantee that our users may exercise, at any time and without having to state their reasoning, their right not to receive future communications connected to particular services upon request.  

8. YOUR RIGHT TO ACCESS PERSONAL DATA AND FURTHER RIGHTS  
You are entitled to obtain, at any time, confirmation from us as to whether or not data relating to you is being processed, whether the data is not yet registered, and the communication in intelligible form of the data undergoing processing. Moreover, you are entitled to receive from us information on the source of your personal data; the purposes and way of processing your personal data; the logic involved in any electronic data processing; details of the data controller and of the data processors; the names of the entities and categories of entities to whom your personal data may be disclosed or who may access your personal data, for example, as a data controller or a party so appointed. You can easily find part of the above information in our Privacy Policy. For further information, please contact our Privacy Policy by selecting “Privacy”. You are entitled to obtain at any time from us:  

  • the updating, adjustment or, when you have an interest in such, the integration of your personal data;
  • the deletion, the transformation into an anonymous form or blocking of your personal data (unlawfully processed), including data which does not need to be stored for the purposes for which it was collected and subsequently processed;
  • the confirmation that the operations under letters a) and b) have been reported (together with the contents of the same) to whom the data was disclosed or disseminated, except when it becomes impossible or if the means used are clearly disproportionate to the right’s protection.

    You are entitled to object, in whole or in part:
    • for legitimate reasons, to the processing of your personal data, even if it is related to the purposes for which it was collected;
    • to the processing of your personal data for advertising or direct marketing purposes or in order to carry out marketing research or commercial communications.
       
    You may freely exercise your rights at any time, provided that you do so in compliance with applicable laws, by sending your request to our Customer care by selecting “Privacy”. We will reply to you as necessary.  

9. LINKS TO OTHER WEB SITES    
This Website contains links to other web sites which may have no connection with the Website or with us. We do not control or monitor such web sites or their web content. We shall not be held liable for the web content of such sites and for the rules adopted by them in terms of your privacy and the processing of your personal data while you are visiting those web sites. Please, pay attention when you connect to these web sites through the links provided on our Website and read their terms and conditions of use and their privacy policy carefully. The Websites’ Privacy Policy does not apply to third party web sites and to the Experience Area of the Website. The Website provides links to other web sites exclusively to help its users in their searches and net-surfing activities and to allow the connection with other web sites on the Internet. When we provide links to other web sites, we do not recommend the use of these web sites and do not provide any guarantees regarding their web content or the services and products supplied and sold by these web sites to Internet users.

10. CONTACTS  
  If you wish to receive further information on how we and YOOX NET-A-PORTER GROUP process your personal data, please contact our Customer care by selecting “Privacy”. Should you require any further information on your rights and on personal data protection law, you can find additional information on the French and Italian personal data protection authorities' websites at the following addresses: www.cnil.fr or www.garanteprivacy.it  

11. GOVERNING LAW    
This Privacy Policy is governed by French and Italian laws.

12. MODIFICATION AND UPDATING OF www.maisonmargiela.com PRIVACY POLICY    
We may amend or simply update all or part of this Privacy Policy, including when amendments are made to legal provisions or regulations which govern data protection and protect your rights. The amendments and the updating of this Privacy Policy shall be notified through YOOX NET-A-PORTER GROUP services to our users on the Website's homepage as soon as such amendments or updates have been introduced and shall be binding as soon as they are published on the Website in this section. Therefore, you are requested to regularly access this section in order to check the publication of the most recent and updated Privacy Policy of www.maisonmargiela.com.  


Last updated on December 2016.  

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