In compliance with the Privacy Code, Triboo Digitale S.r.l., with registered office in Italy at Viale Sarca 336 - 20126 - Milano, VAT no. 02912880966 (hereinafter "triboo digitale") and DAINESE S.p.A., with registered office in Italy at Via dell'Artigianato n. 35 - 36060 - Molvena (VI), registered with Vicenza Registrar of Companies under no. IT03924090248 (hereinafter "DAINESE") are the data controllers of the Users' personal data, each respectively for the different services supplied in relation to the Website use.
More specifically, Triboo Digitale is an independent data controller for the Users' data in respect of sales and after-sales activities carried out on-line via the Website, whilst DAINESE is the only, independent data controller for the Users' data in respect of generalised marketing activities and any profiling as may be carried out through the Website.
1. The policy
Everyone has the right to the protection of their Personal Data and Triboo Digitale and DAINESE respect the right of their Users to be informed with regards to the collection and other operations involved in the processing of their Personal Data. Processing of data that can directly or indirectly identify your person will be carried out only where strictly necessary. The Website has therefore been configured in such a way as to ensure that use of Personal Data has been minimised and to exclude processing of Personal Data when the purposes pursued in the individual cases can be achieved by using anonymous data (such as, for example, market research aimed at improving services) or carried out in other ways, which enable identification of the data subject only where strictly necessary or required by the authorities and police forces (such as, for example, for data relating to traffic and time spent on the Website or your IP address).
2. Who processes your personal data, how and why
In accordance with the Privacy Code, Triboo Digitale is the data controller of the Personal Data pertaining to Website Users (hereinafter the "Personal Data"), aimed at the management, conclusion and fulfilment of commercial transactions involving the purchase of products via the website (hereinafter the "Commercial Purposes"): Triboo Digitale decides on the purposes and methods of this data processing and which instruments to be used, also as concerns security. Merely for purposes relating to its organisation and practicality, Triboo Digitale has appointed some external data supervisors to process the Personal Data, for reasons strictly connected and related to the provision of services on the Website, including the sale of products (merely by way of example, customer care services and dispatch of the products purchased). These supervisors have been chosen because they have proven to have the experience, capacity and reliability to provide a suitable guarantee of complete compliance with current provisions on processing, including as concerns data security. The supervisors will process the Personal Data in accordance with the instructions given by Triboo Digitale. We will perform regular checks to ensure that the supervisors have duly and promptly completed the tasks assigned them and that they continue to provide suitable guarantees of full compliance with provisions on personal data protection. The names and details of the Personal Data supervisors appointed by Triboo Digitale can be requested by e-mailing: firstname.lastname@example.org.
In accordance with the Privacy Code, DAINESE is the data controller for the Personal Data pertaining to Website Users (hereinafter the "Personal Data"), aimed at direct marketing and profiling, according to the consent given by the data subject (hereinafter the "Marketing Purposes"); it uses the Personal Data in order to send newsletters relating to DAINESE and its products and for generalised and/or personalised promotional messages, according to the User's consumption habits.
Personal Data is mainly processed in electronic format and in some cases, also as hard copies, such as, for example, when Personal Data processing is necessary to prevent fraud on the Website. Personal Data will be stored in a way that allows for the identification of the User only for the time strictly necessary to the purpose for which the data was collected and subsequently processed and, in any case, within the legal limits. In order to guarantee that the Personal Data is always exact and up-to-date, in any case pertinent and complete, we would ask that you please inform us of any change made to the following e-mail address: email@example.com.
Personal Data will not be disclosed to third parties for any purpose not permitted by the law or without your specific consent. In addition to the companies acting as data supervisors, the Personal Data will also be made available to third parties, independent data controllers, for purposes accessory and related to the provision of the services requested by the User (e.g. for purchase-related transactions). You can obtain and updated list of data supervisors at any time by e-mailing: firstname.lastname@example.org.
Personal Data will not be transferred abroad to any countries other than European Union Member States (apart from companies belonging to the Dainese Group), which do not ensure adequate personal protection levels. If it should be necessary for the pursuit of the Commercial Purposes, we can assure you that the transfer of Personal Data to non-European Union Member States (with the exception of companies belonging to the Dainese Group) and which do not ensure adequate protection levels, will only be carried out upon stipulation by Triboo Digitale and said subjects with reference to the Commercial Purposes, or between DAINESE and said subjects with reference to the Website or DAINESE Marketing Purposes, of specific contracts containing clauses safeguarding the protection of the Personal Data, in compliance with the law and applicable regulations.
3. What happens if you refuse to give Triboo Digitale and DAINESE your personal data
Conferral to Triboo Digitale of Personal Data for the Commercial Purposes (more specifically, personal data, your e-mail address, your postal address, your credit/debit card details and bank details and telephone number) is required for the pursuit of the Commercial Purposes. An refusal to provide Triboo Digitale with the Personal Data required to this end may make it impossible to fulfil the contract for the purchase of the products on the Website or to correctly fulfil legal and regulatory requirements. Failure to provide Personal Data may potentially constitute lawful, justified grounds not to fulfil the contract for the purchase of products on the Website. The supply of additional Personal Data, apart from compulsory data, is optional and shall have no consequences as concerns the purchase of products on the Website.
Conferral to DAINESE of Personal Data for Marketing Purposes is always optional and is connected with registration with the Website. Failure to provide such and failure to give consent to processing for Marketing Purposes shall have no consequence in terms of the buying process, except that it will be impossible to complete registration and therefore to benefit from services such as newsletters, generalised or personalised offers and access to reserved promotional areas.
From time to time, we will duly inform you of the compulsory or optional nature of the disclosure of Personal Data to Triboo Digitale and DAINESE and any consequences of non-conferral. Please remember that failure to provide optional Personal Data will not result in any obligation or disadvantage for the Users.
4. To whom to we disclose the Personal Data
Personal Data may be made available to third party companies providing specific services on behalf of Triboo Digitale and DAINESE, as data supervisors, or disclosed to further third parties - whose names will be specified as applicable -, who process the data independently, purely in order to implement the contract for the purchase of products on the Website (such as, for example, banks, for remote electronic payment services, by means of credit/debit card) and only when this purpose is not incompatible with the purposes for which the Personal Data was collected and subsequently processed and, in any case, in compliance with the law.
More specifically, Triboo Digitale uses DAINESE, as external supervisor, to process the Personal Data of Users needed to fulfil, under the scope of the Commercial Purposes, the delivery, return and management of non-conformities in connection with the products purchased on the Website, as better described in the Website Conditions of Sale, which can be consulted on the following link. To this end, in turn, DAINESE uses professional couriers (UPS, Federal Express, DHL, etc.) for delivery, which, as external supervisors, will process the personal data of Users purely in order to complete the task assigned them.
For the Marketing Purposes, DAINESE also uses third party companies operating as external data supervisors; the supervisors appointed also include Triboo Digitale, which provides DAINESE with management services of the on-line DAINESE store, as specifically envisaged in the Conditions of Sale, available at the following link and NWeb S.r.l., with registered office at Viale Francesco Restelli, 1 - 20124 - Milan (MI) - Tax Code and VAT no. 01279550196, which provides DAINESE with mass mailing services for the newsletters, using the MailUp utility.
If the collaboration between Triboo Digitale and DAINESE concerning the management by the former of the sales of products pertaining to the latter via the Website should cease, Triboo Digitale will send DAINESE the data of all Users who have completed the Website registration procedure, in order to enable it to ensure, for each of said Users:
(a) continued use of the personal credentials;
(b) storage of details of past transactions;
(c) keeping the specific consent given to personal data processing on record.
The Personal Data will not be disclosed, sold or in any other way transferred to third parties unless the Users have been informed of this in advance and given their consent, where required by the law.
5. How is Personal Data collected on the Website
Triboo Digitale and DAINESE collect Personal Data and other information directly from the Users as part of the processes that each of the two companies respectively manage (purchase of products on the Website for the stipulation of electronic trade transactions/completion of User registration forms with the Website for the Marketing Purposes of DAINESE).
More specifically, in the pursuit of the Commercial Purposes, under the scope of the buying process of products on the Website, Triboo Digitale collects Personal Data (such as personal data, e-mail address, postal address, credit card and bank details, telephone number) by means of the order form for the sale of products on the Website.
6. Security measures
As regards the best possible protection of your Personal Data, for all aspects that lie outside the control and management of Triboo Digitale and DAINESE, we recommend that you ensure that the computer used has suitable software installed to protect data transmission over the internet, both incoming and outgoing (such as updated anti-virus systems) and that the chosen internet supplier has taken suitable steps to ensure the security of data transmission over the internet (such as firewalls and anti-spamming filters).
7. Compulsory processing
Please note that Triboo Digitale and DAINESE may process Personal Data even without consent in certain cases established by the law, such as, for example, where such should be necessary in order to fulfil a legal obligation.
For example, Personal Data can be disclosed to police forces or legal authorities, in compliance with the law and upon formal request by such parties, for example under the scope of anti-fraud services.
8. Rights of the data subjects
More specifically, as concerns the processing of your Personal Data for the Marketing Purposes of DAINESE, you may exercise your rights in accordance with Article 7 of the Privacy Code at any time; you also have the right to obtain a list of the supervisors and third parties to whom data has been disclosed, by e-mailing email@example.com or writing to DAINESE S.p.A., Via dell'Artigianato n. 35 – 36060 – Molvena (VI), Italy.
Finally, Users wishing to be cancelled from the DAINESE promotional database and who do not wish to receive any marketing communications in the future may send a specific request to this effect as follows:
1) as per the instructions for cancellation given at the foot of each e-mail message
2) by e-mailing firstname.lastname@example.org, declaring this specific request.
9. Contact details
For more information on how Triboo Digitale and DAINESE process Personal Data, please e-mail: email@example.com.
To find out your rights and keep up-to-date on legislation governing personal protection in respect of the processing of Personal Data, we recommend you visit the Italian Data Protection Authority's website www.garanteprivacy.it.
10. Applicable law
The Privacy Code guarantees that personal data processing takes place in respect of fundamental freedoms and rights and of the dignity of the data subject, with specific reference to confidentiality, personal identity and the right to the protection of personal data.
Privacy disclosure pursuant to Article 13 of Italian Legislative Decree no. 196/2003
Please note that the personal data collected will be processed in compliance with legal requirements and the rights assigned to you by the law as data subjects:
A) Processing will involve: the collection over the telephone or using telematic or written means or from public registers, lists of acts and documents and/or public and/or private databases (commercial information companies), the registration, organisation, storage and processing on hard copy, magnetic, automated or telematic storage devices, the processing of data collected by third parties, the amendment, selection, extraction, comparison, use, inter-connection, also with data of other subjects according to qualitative, quantitative and time-related criteria, recurring or as may be defined each time, the temporary processing aimed at ensuring the rapid aggregation or transformation of said data, the taking of decision in automated and/or discretionary form, the creation of profiles and disclosures, the communication, cancellation and destruction of data, or combinations of two or more of the above-mentioned operations;
B) Without prejudice to the disclosure to third parties in accordance with legal obligations or as deriving from European Community legislation or other regulations, we will disclose data to our persons appointed in the administration, marketing, sales, after-sales and claims departments and, abroad, to the following subjects: 1) banks and credit institutes, for payments to be made; 2) insurance businesses (for transport insurance cover); 3) debt collection companies, insurance and/or debt transfer companies; 4) commercial information companies; 5) consultants and professionals; 6) professionals and professional firms (legal, chartered accountants, auditors, etc.); 7) auditors; 8) other companies, entities and/or natural persons providing instrumental activities or activities in support of or functional to the fulfilment of the contracts of services you have requested (e.g. packaging and postal sorting companies, couriers and carriers, sub-suppliers, management companies of commercial information instruments, web space management companies for data archiving). In turn, these subjects will disclose the data to third parties as "controllers" in accordance with Article 28 of Italian Legislative Decree no. 196/2003, independently.
C) Processing and disclosure shall be for the following purposes: 1) to satisfy pre-contractual requirements (e.g. instruction of offers or your orders, solvency verifications); 2) fulfilment of contractual obligations (connected with the supply or purchase of goods and/or services) and legal obligations (e.g. keeping accounts, tax formalities, administrative , accounting and treasury management); 4) management of customers and suppliers; 5) management of facilities and risk control (fraud, insolvency, etc.); 6) management of disputes and credit transfers; 7) financial services instrumental to the management of customers/suppliers and management of electronic payment instruments; 8) insurance services instrumental to customer/supplier management.
The above internal persons appointed by DAINESE may also process the data for purposes relating to 9) profiling, 10) increasing fidelity and 11) the sending of newsletters and other promotional and commercial materials.
D) Your conferral of data is only compulsory for the purpose of that specified under point C) above, from 1 to 8 and, therefore, we require your preventive consent to processing for these purposes. For processing for the purposes indicated under points 9, 10 and 11, consent is not compulsory but failure to give consent will prevent us from implementing the activities required for these purposes.
More specifically, you are informed that the processing for purpose 11 will also entail minimal profiling and fidelity examination activities as are strictly necessary in order to specifically comply with your request to receive newsletters and promotional materials and advertising of your specific and/or exclusive interest, and that, in accordance with Article 130, paragraph 4 of the Privacy Code, there is no need to obtain your consent for us to send you advertising e-mails on products and services similar to those you have already purchased on the Website, unless you specifically refuse this service. Data will be processed for the entire duration of the contract stipulated with you and, thereafter, for the time necessary to allow us to fulfil our legal obligations and keep your business profile, in order to rationalise the selection of customers and/or suppliers. You are free to refuse to give us your consent, however any such refusal will make it impossible to pursue the contract with you.
F) In relation to your personal data, you may in any case exercise the following rights, as established by Articles 7, 8 and 9 of the Privacy Code: Paragraph 1 (...): to obtain confirmation as to whether or not personal data concerning him/her exists, regardless of whether or not it has been recorded, and to communication of such data in intelligible form; Paragraph 2 (...): to be informed: a) of the source of the personal data; b) of the purposes and methods of processing; c) of the logic applied to the processing, if this is carried out with the help of electronic means; d) of the identification data concerning the data controller, data processors and of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative in the State’s territory, data processors or persons in charge of the processing. Paragraph 3 (...): to obtain the a) updating, rectification or, where interested therein, integration of the data; b) erasure, anonymisation or blocking of any data that has been processed unlawfully, including data whose retention is unnecessary for the purposes for which it has been collected or subsequently processed; c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data was communication or disclosed, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected; Paragraph 4 (...): to object, in whole or in part a) on legitimate grounds, to the processing of personal data concerning him/her, even though relevant to the purpose of the collection; b) to the processing of personal data concerning yourself where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys (N.B. where processing data for the purposes described in Paragraph 4 above of Article 7, our company will, however, request specific written consent to this, by means of a suitable disclosure). Article 8, Paragraph 1 (...): The rights referred to in Article 7 may be exercised by making a request to the data controller or processor without formalities, also by the agency of a person in charge of the processing. A suitable response shall be provided to said request without delay. Paragraph 2 (...): Where not regarding objective data, the rights pursuant to Article 7 may be exercised except where concerning the rectification of integration of personal data that relates to evaluations, judgements, opinions or other subjective considerations and the indication of conduct to be adopted or decisions being taken by the data controller. Article 9 Paragraph 1 (...): the request made to the data controller or supervisor can be made a) by letter sent recorded delivery, fax or e-mail, b) if concerning the exercise of the rights pursuant to Article 7, paragraphs 1 and 2, also orally and in this case, it is noted in summary form by the person in charge of processing or the supervisor. Paragraph 2 (...): in exercising the rights above, the data subject may confer a written power of attorney or representation to natural persons, entities, associations or organisations. The data subject may also be assisted by a trusted person. Paragraph 3 (...): the rights pursuant to Article 7 relating to the personal data of the deceased, can be exercised by anyone with an own interest or acting in the protection of the data subject or for family reasons, worthy of protection. Paragraph 5 (...): the request pursuant to Article 7, paragraphs 1 and 2 may be renewed by the data subject, except where there are justified reasons not to, no more than once every ninety days.