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 (“Staff”) (jointly referred to as “we” or “us”). Neuf and Staff 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 www.maisonmargiela.com US Site is operated, under license, by YNAP Corporation, a Delaware corporation having an address at 100 Fifth Avenue – 12th floor, New York, NY 10011 ("YNAP USA"). YNAP USA is a subsidiary of YOOX NET-A-PORTER GROUP (“YNAP S.p.A.”, together with YNAP Corp collectively referred to herein as “#YNAP”), an Italian company having its registered address at 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.
The users of the www.maisonmargiela.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 www.maisonmargiela.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.).
a. Information you provide us. When you enter information on www.maisonmargiela.com US Site by registering for My Account, subscribing to our newsletter, making a purchase or contacting Customer Service, for example, you give us access to certain personal information, which may include your name, email address, address, credit card information, and phone number;
www.maisonmargiela.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 www.maisonmargiela.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 www.maisonmargiela.com US Site. www.maisonmargiela.com US Site uses analytical cookies, installed by both YOOX NET-A-PORTER GROUP and Maison Margiela, primarily to personalize your navigation experience by remembering your preferences with respect to services provided and products purchased through www.maisonmargiela.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 Maison Margiela treat the results of these analyses anonymously. www.maisonmargiela.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, Neuf and Staff 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.
You can easily activate the “Do Not Track Signal” by accessing the DNT instructions section of your browser through the following links:
Third parties that provide content or services through the www.maisonmargiela.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. We 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 us and YOOX NET-A-PORTER GROUP, 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, Neuf and/or Staff including, without limitation, by merger, consolidation, sale, liquidation, or transfer of substantial assets, YOOX NET-A-PORTER GROUP, Neuf and Staff, as applicable, may, in their sole discretion, transfer, sell or assign personal data collected on and through the #store.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 us and YOOX NET-A-PORTER GROUP because of their experience in processing personal data, their sufficient guarantees with respect to compliance with applicable laws and regulations, including the French Law "Informatique de Libertés" of January 6, 1978, as amended. In processing personal information of the users of the #store.com US Site, our processors will act only in accordance with instructions provided by us and YOOX NET-A-PORTER GROUP. 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 #store.com US Site include, without limitation:
- YOOX NET-A-PORTER GROUP for marketing and profiling purposes;
- 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 www.maisonmargiela.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 www.maisonmargiela.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 Service 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, Neuf and Staff (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 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, Neuf and Staff 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 DO WE USE PERSONAL DATA AND FOR WHAT PURPOSES
Your personal data are collected and processed by YOOX NET-A-PORTER GROUP and Staff International S.p.A. for purposes which are strictly connected to the use of the www.maisonmargiela.com US Site, its services and the purchase of products on the www.maisonmargiela.com US Site. However, your personal data may also be used for other processing operations within the limits of such purposes. In particular, your personal data may be processed for the following purposes:
- PURCHASING: When you complete checkout procedures to purchase products sold on the www.maisonmargiela.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 Service assistance, we collect your personal information (for example, your first and last name, e-mail address and password) to provide you with Customer Service relevant to the www.maisonmargiela.com US Site and to the purchase of products on the www.maisonmargiela.com US Site;
- SERVICE REGISTRATION: When you register with the www.maisonmargiela.com US Site, we collect your personal information (for example, your name, e-mail address) through the relevant registration form (My Account), in order to provide you with services in reserved access areas of the www.maisonmargiela.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 (e-mail, 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 us and YOOX NET-A-PORTER GROUP 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 Maison Margiela , 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 www.maisonmargiela.com US Site, to supply other services provided on the www.maisonmargiela.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 Maison Margiela may prevent YOOX NET-A-PORTER GROUP and Maison Margiela from processing your purchase order or from providing other services through the www.maisonmargiela.com US Site, such as Customer Service s, 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 Maison Margiela may be mandatory or optional. Disclosure is mandatory when needed to process purchase orders or provide requested services on the www.maisonmargiela.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 www.maisonmargiela.com US Site.
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 www.maisonmargiela.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 www.maisonmargiela.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), www.maisonmargiela.com does not knowingly collect, solicit or use personal information of children under the age of 13 provided without parental consent, and www.maisonmargiela.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 www.maisonmargiela.com US Site through a third party social media site and/or application, you consent to YOOX NET-A-PORTER GROUP and Maison Margiela’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 www.maisonmargiela.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.
When processing your credit card information in connection with the purchase of products on the www.maisonmargiela.com US Site, we comply with PCI DSS standards.
10. OPT-IN/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 Service through the appropriate section on US Site selecting “Privacy” as the topic on our contact form.
11. YOUR RIGHT TO ACCESS PERSONAL DATA AND FURTHER RIGHTS
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 us 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 Service 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 us 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 us 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 www.maisonmargiela.com US Site.
12. 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 Service through the appropriate form selecting “Privacy” as the topic on our contact form.
The #store.com US Site may provide hyperlinks to third party websites (the “Third Party Websites”). Neither YOOX NET-A-PORTER GROUP nor us operate, control, endorse or guarantee any Third Party Websites. You agree that YOOX NET-A-PORTER GROUP and we are not responsible for any content, services and/or products provided by any Third Party Website, and that YOOX NET-A-PORTER GROUP and us 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 us provide hyperlinks to Third Party Websites only for the convenience of our users. By providing hyperlinks to Third Party Websites, neither YOOX NET-A-PORTER GROUP nor we 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 and/or us, expressed, implied or otherwise, including, but not limited to, warranties of title, fitness for a particular purpose, merchantability or noninfringement and under no circumstances are YOOX NET-A-PORTER GROUP and/or us 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 ourCustomer Service by selecting “Privacy” from the drop-down menu or by sending a mail to the addresses provided above.
15. ACCESSIBILITY ISSUES
Although we have done our best to make the www.maisonmargiela.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.16. GOVERNING LAW
The processing of personal data by us and YOOX NET-A-PORTER GROUP 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 #store.com US Site may be processed in France, French law, including the French Law "Informatique de Libertés" of January 6, 1978, as amended, also applies to the processing of personal information carried out by us and/or YOOX NET-A-PORTER GROUP. The abovementioned law 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.
17. MODIFICATION AND UPDATING