1 • PREAMBLE
Welcome to our website https://www.moncler.com/en-ca/. The company Moncler Canada Ltd. ("Moncler Canada" or “Moncler” or “Moncler Local Company”), part of the Moncler Group, hereby provides you with the following information about the collection and processing of your personal data. When you use the site or its services (hereinafter, the "Website" and the "Services"), information and personal data about you is collected. For this reason, in accordance with the provisions of the General Data Protection Regulation no. 2016/679 ("GDPR") and applicable national legislation (collectively, "Privacy Legislation"), we have created this document (hereinafter "Privacy Policy") for the purpose of describing what personal data we collect, the purposes and methods of its processing and the security measures used to protect it.
2 • DATA CONTROLLERS AND DATA PROTECTION OFFICER
Moncler Canada Ltd. acts as data controller.
As data controller, Moncler Canada will process your personal data in order to manage online sales activity (e.g. managing orders and payments), as well as for "pick-up in store", "return in store", "click from store" and "click and reserve” services.
Moncler Canada will manage your personal data in the context of your navigation experience through our website and access to reserved services as defined in sec. 3.1 and 3.2 below and can be contacted by writing to Moncler Canada Ltd., registered offices at 60 Bdo Vancouver Accounting, 600 Cathedral Place – 925 West Georgia St, Vancouver BC V6C 3L2 Canada, and by email to privacy@moncler.us
The company Industries SpA (“Industries”), which is the Italian based operating company of the Moncler Group, acts as Data Controller and will process your personal data to carry out marketing activities (e.g. newsletters) and building of group and individual profiles (profiling) as described in section 3.4.
Industries can be contacted by writing to Industries S.p.A., via Stendhal n. 47, 20144 - Milan (MI), Italy or by email at privacy@moncler.us.
Industries has appointed a Data Protection Officer (DPO), who is domiciled at the offices of Industries S.p.A. and it is available as follows: dpo@moncler.com.
3 • SOURCES OF DATA AND THE PURPOSES OF DATA PROCESSING
3.1 Browsing data
During their normal operation, the computer systems used to operate the Website acquire some of your personal data, the transmission of which is implicit in the use of Internet communication protocols. This information is not collected for the purpose of identifying you, but may lead to your identification if, for example, it is combined with information held by a third party. This category of data includes the IP address and domain name of your computer, the URI (Uniform Resource Identifier) addresses of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained in reply, the numerical code indicating the status of the reply given by the server and other parameters relating to your operating system. We use this data for the sole purpose of obtaining anonymous statistical information on the use of the Website and to check it is working properly. The data collected is deleted immediately after processing. The data could be used to ascertain responsibility in the event of cybercrime committed to the detriment of the Services.
3.2 Registration information and further information provided by the user
Use of the Website does not require the creation of a personal account. However, in order to access certain pages reserved for registered users and, for example, to send us a request for information or feedback on the Services, you must create a personal account and become a registered user. When you create your account, you will be asked to enter the following registration information:
· first name and surname,
· email address,
· password,
· date of birth,
· gender.
In addition, personal data voluntarily provided by you when you place an order to purchase an item will be collected and processed, this consists of data collected by sending electronic mail, interacting with the functionality of the Website and requesting services offered by the Website. The personal data we collect and process includes your first name, surname, gender, nationality, email address, and shopping habits.
Should you collect, process and disclose information about third parties to us, you must do so in accordance with the provisions of the Privacy Policy and, therefore, you must provide them with prior notice of the processing and, if necessary, you must obtain their free and express consent before carrying out the processing.
3.3 Purpose of the processing
Providing the above registration information is necessary in order to create an account and also to respond to and manage requests for information and/or user feedback; to provide the services requested through the Website, including registration and subsequent updates and to manage the activities organized through the Website; to carry out statistical analysis and surveys; to manage sales activities and to provide sales and after-sales services, such as administration, accounting, returns and guarantee management, fraud prevention, customer relationship management, including compliance with legal obligations, regulations and EU regulations (including anti-money laundering regulations) and to exercise rights in legal proceedings.
Any refusal by you to provide this information would still allow you to use the Website, but would prevent you from using some of our Services reserved for registered users.
In addition, your personal data must be processed in order to fulfil the contractual relationship arising from the purchase of Moncler products. The provision of such data is a contractual obligation. You are free to disclose your data to us or not, but in the absence of the requested data it will not be possible to conclude or execute the agreement and your requests. This means that you will not be able to purchase Moncler products and that it will not be possible to handle your requests.
3.4 Further purposes of the processing
With your consent, which is optional, Industries will use your personal data for further purposes such as marketing, commercial or advertising communications, direct sales, market research, in-store sales support worldwide through email (newsletter), telephone, SMS, MMS, chat, instant messaging, social networking and traditional mail, including sending invitations to events. You may at any time indicate your preferred means of contact from among those listed above and you may refuse the receipt of promotional communication by any or all of these means of contact.
With your consent, which is optional, Industries collects information about your preferences, habits and lifestyle as well as details of purchases made in order to use these to create group and individual profiles ("profiling") and to send you personalized communications. Personalized communication may be sent by email (newsletter), phone, SMS, MMS, chat, instant messaging, social networking and traditional mail. You may at any time indicate your preferred means of contact from among those listed above and you may refuse the receipt of promotional communication by any or all of these means of contact.
Consent for the above marketing and profiling purposes is optional and refusal will not have any consequences. Data may be provided by you on registration at our points of sale by means of paper and/or electronic forms, acquired during visits to our stores belonging to the Moncler Group or through interaction with websites, internet applications and mobile applications belonging to the Moncler Group.
3.5 Legal grounds for processing
Your personal data is only processed if one of the legal requirements laid down by current legislation is met, and specifically:
1. for the conclusion and execution of a contract to which you are party in relation to the purchase of products offered on the Website, as well as the provision of Services for registered users;
2. to fulfil a legal obligation to which the controllers are subject within the context of the purposes of their activities;
3. for the legitimate interests of the controller, with particular reference to the prevention and prosecution of fraudulent activities, as well as for internal administrative purposes, on the basis of which communication of the data to companies belonging to the controller’s group of companies is legitimate;
4. with your consent in respect of marketing and profiling activities.
3.6 Information collected through cookies and other technologies
The Website also uses cookies and other tracking tools. The term “cookie” also refers to other tracking tools used by the Website.
3.6.1 Browsing data and cookies
Browsing data
During their normal operation, the computer systems and software procedures used to operate the Website acquire some personal data, the transmission of which is implicit in the use of Internet communication protocols.
This information is not collected to be associated with identified persons, but by its very nature could allow users to be identified through processing and association with data held by third parties.
These data are used for the sole purpose of obtaining anonymous statistical information on the use of the Website and to monitor its correct operation, and are deleted immediately after processing.
The data could be used to ascertain responsibility in the event of hypothetical computer crimes to the detriment of the Website. With the exception of this eventuality, the data are stored for the time established by the relevant legal regulations, or in general for the time strictly necessary to provide the user with the service requested to guarantee the transmission of the communication.
Cookies and other tracking tools
Cookies are usually strings of text that websites (so-called publishers or "first parties") visited by the user or other websites or web servers (so-called "third parties") directly or indirectly place and store on the user’s terminal device.
The information encoded in the cookies may include personal data such as an IP address, a username, a unique identifier or an email address, but may also contain non-personal data such as language settings or information about the type of device a person is using to browse the website.
Cookies can therefore perform important and varied functions including monitoring sessions, storing information on specific configurations regarding the users accessing the server, facilitating the use of online content etc.
Types of cookies
Cookies can have different characteristics in terms of their duration (session or permanent) or subjectivity (depending on whether the publisher is acting on its own or on behalf of a “third party”). However, the classification that mainly meets the needs of protecting the user is one based on two macro categories:
● technical cookies, used for the sole purpose of “transmitting a communication over an electronic communications network, or to the extent strictly necessary for the provider of an information service explicitly requested by the contractor or user to provide such service” (see art. 122, paragraph 1 of the Privacy Code). These cookies can be installed on the user's terminal without consent, either based on the need to respond to a request or on the legitimate interest of the Moncler Local Company.
● profiling cookies, used to link specific actions or recurring behavioral patterns in the use of the functions offered (patterns) to specific, identified or identifiable parties in order to group the various profiles within uniform clusters of various sizes, so that among other things the controller can modulate the provision of the service in an increasingly personalized manner beyond what is strictly necessary for the provision of the service, as well as send targeted advertising messages, i.e. in line with the preferences expressed by the user while browsing the web. This type of cookie can be downloaded to the user's terminal only with the user's consent.
Among other things, cookies may also be used to assess the effectiveness of an information society service provided by a publisher, to design a website or to help measure its “traffic,” i.e. the number of visitors, including by geographic area, connection time or other characteristics. These identifiers, defined as analytics cookies, can be included in the category of technical cookies, and as such may be used without the prior consent of the data subject, provided that the following conditions are met:
● They are only used to produce aggregate statistics and in relation to a single website or mobile application.
● At least the fourth component of the IP address is masked for third-party cookies.
● Third parties refrain from combining these analytics cookies with other data (e.g. customer files or statistics of visits to other websites) or from transmitting them to third parties.
If these conditions are not met, analytics cookies require the user's consent in order to be downloaded.
Finally, cookies may also be used to enable interaction and easy sharing of content on social networks and/or to enable the sending of targeted advertisements based on user preferences (social cookies). These cookies also require the user's consent.
3.6.2 List of the cookies used by the Website
This Website uses cookies for technical, analytical, and statistical purposes, to improve the user's interaction with the Website via social networks and to personalize the sending of information and advertising communications according to the user's interests (profiling).
(A) Technical cookies
Below we list the name, purpose, and duration of each technical cookie used by the Website.
The user’s prior consent is not required for the installation of technical cookies. In any case, all browsers allow changing cookie settings.
(B) Other types of cookies (profiling, analytics, social)
Below we list the name, the relevant third party if the cookie is not first party, the purpose, and the duration for each cookie used by the Website that does not fall into the category of technical cookies.
For all information relating to third-party cookies and how to opt out of individual cookies, see the respective policies and the tool provided by the third party to opt out of the individual cookie.
Using the following link it is possible to opt out of third-party cookies (i.e. companies that are members of the WebChoices tool of the Digital Advertising Alliance, including Facebook) installed on the user’s browser: https://optout.aboutads.info/?c=2&lang=EN
The following tool provided by Your Online Choices can also be used to control your preferences by opting out of third-party cookies: https://www.youronlinechoices.com/
(C) Other social functions (e.g. plugins)
In addition to the cookies mentioned above, the Website also incorporates plugins and/or buttons in order to allow easy sharing of content on the following social networks: Facebook, Instagram, Twitter, YouTube. If a user does not wish the social network to record data relating to their visit to the Website, they must log out of the social network account and delete the cookies that the social network has installed in the user's browser.
For certain activities the Moncler Local Company and social networks may also act as joint controllers pursuant to art. 26 of the GDPR, specifically when the Moncler Local Company jointly determines the purposes and means of the processing with the social network through the collection and transmission of the user's data to the social network via a plugin. In such cases the Moncler Local Company adheres to the contractual terms of the social network, which may include joint controller agreements.
Finally, note that in any case joint control does not extend to processing carried out by social networks in relation to which the Moncler Local Company does not determine the purposes and means of processing (e.g. operations carried out by the social network after the User's data have been disclosed by the Website).
With regard to the collection and use of information by social networks, please refer to their respective privacy policies.
‒ Facebook (cookie policy link)
‒ Instagram (cookie policy link)
‒ Twitter (cookie policy link)
‒ YouTube (cookie policy link)
4 • METHODS OF DATA PROCESSING AND DATA STORAGE
Your personal data will be processed both in paper form and using electronic means and always in compliance with the security requirements of applicable legislation, with particular but not exclusive reference to art. 32 of the GDPR. Our security measures include contractual arrangements with any contractor (e.g. service providers) or other party in order to protect the security and confidentiality of your personal data in accordance with the provisions of our Privacy Policy.
Your personal data is stored in compliance with the following terms and criteria:
1. data collected to conclude and execute agreements for the purchase of products on the website: until the administrative and accounting formalities have been completed. Billing information will be retained for ten years from the date of the original invoice;
2. registered user data: this data will be stored for as long as the account is active. Even after the account is closed, we will retain your information if it is necessary to do so in order to comply with legal or regulatory obligations, to protect our rights, to prevent fraud, or to comply with this Privacy Policy;
3. data relating to payment: until such time as the payment has been confirmed and the administrative and accounting formalities relating thereto have been completed, after the expiry of the right of withdrawal and after the deadline for contesting the payment;
4. data collected in connection with the use of Services offered on the Website (e.g. "pick-up in store", "return in store", "click from store", "click and reserve"): such data is stored until the service has been fully performed;
5. data related to user requests to our Customer Service department: relevant data will be retained until your request is resolved;
6. If you have consented to your personal data being processed, the data relating to your purchases will be kept for marketing and profiling purposes for a period of 7 years, after which time the data will be automatically deleted or permanently and irreversibly anonymized.
In any case, for technical reasons, the termination of the processing and the subsequent cancellation or irreversible anonymization of the related personal data will be final within thirty days of the terms indicated above.
With particular reference to the legal protection of our rights, we hereby specify that we have a retention period of ten years for personal data commencing from the closure of the account.
5 • SCOPE OF DISCLOSURE
5.1 Internal and external communication of personal data
Personal data is accessible to our duly authorized personnel of the Moncler Group (e.g., Digital, CRM, Retail, IT personnel) as necessary and is disclosed to third parties in the following cases: (i) when disclosure is required by laws and regulations applicable to legitimate third party recipients, such as authorities and public bodies for their respective institutional purposes, e.g. anti-money laundering legislation, court authorities; (ii) disclosure to third parties in the event of extraordinary transactions (e.g. mergers, acquisitions, sale of business, etc.).
Personal data is also shared with our service providers, e.g. for services of a technical and organizational nature that are necessary for the purposes indicated above, such as independent partners, including associates, shipping companies, marketing, payment management, etc.. We provide such parties only with the data necessary to perform the agreed services and they act as data processors, based on instructions received from Industries or Moncler Canada (depending on the relevant data controller).
It is expressly stated that Industries and Moncler Canada do not disclose your personal data to third parties for marketing or profiling purposes.
Finally, for the purposes of profiling, marketing and customer relationship management (to provide you with the same level of service worldwide), other companies in the Moncler Group may access your personal data as data processors, based on instructions received from Industries.
5.2 Data transfer abroad
Your personal data may be transferred abroad to third party recipients established within the European Union. This is a free transfer as each EU country guarantees an adequate level of data protection. However, for the purposes indicated above, we may also transfer your data to third party countries, not belonging to the European Union, which do not guarantee the same level of data protection. However, you are advised that such transfer to third party countries will always be in accordance with the provisions of the Privacy Policy, i.e. by obtaining your consent, when necessary, or by adopting any other measure necessary to ensure the security of the data being transferred. These measures include possible contractual agreements based on the standard contractual clauses as drafted by the European Commission.
6 • RIGHTS OF THE DATA SUBJECT
As a data subject, you may at any time exercise the rights acknowledged by the Privacy Policy with regard to the specific processing of your personal data.
Below is a general description of them and how to exercise them:
1. right of access to your personal data: you can obtain confirmation that your personal data is or is not being processed and, consequently, obtain access to your personal data and information about its processing. If you wish, you will be provided with a copy of your personal data;
2. right to rectification of your personal data: you can obtain the correction, modification or updating of any inaccurate or out-of-date information, as well as obtaining the supplementation of incomplete personal data, including by providing an additional statement;
3. right to withdraw your consent: you may at any time withdraw your consent to the processing of your personal data in connection with any activity for marketing purposes, including profiling. In this regard, please note that sending commercial and promotional communications, carrying out market research and surveys to measure satisfaction and tailoring commercial offers to your interests are considered marketing activities. On receipt of your request, the processing of your personal data based on such consent will cease, while different processing operations or processing based on other grounds will continue to be carried out in full compliance with applicable laws;
4. right to the deletion of your personal data (right to be forgotten) when your personal data, in particular, (i) is no longer necessary for the purposes for which it was collected or processed, or (ii) has been processed unlawfully, or (iii) must be deleted in order to comply with a legal obligation, or, lastly, (iv) you have objected to its processing (see "right of objection" below) and there is no overriding legitimate reason that would allow Moncler Canada or Industries to process your personal data in any way. Once we have received and reviewed your request, if it is lawful, your personal data will be deleted;
5. right to limit the processing of your personal data: you may request that the processing of your data be limited, i.e. that your personal data be stored but not used ( with the exception of your requests and exceptions provided for by law):
· when you challenge the accuracy of your personal data for the period necessary for Moncler Canada or Industries to verify the accuracy of such data;
· when the processing is unlawful, but you object to the deletion of your data;
· when, although your data is no longer needed by Moncler Canada or Industries for processing purposes, you need it to ascertain, exercise or defend your rights in legal proceedings;
· when you object to the processing, pending verification of whether Moncler Canada or Industries have legitimate grounds to continue processing the data;
6. right to data portability: you may request to receive data that is processed based on your consent or on a contract entered into with you, in a structured format and readable by an automated device. If you wish, where this is not excessive and technically possible, we may, at your request, transfer your data directly to a third party indicated by you.
7. right of objection: you may at any time object to the processing of your personal data carried out based on a legitimate interest, explaining the reasons supporting your request. Unless there are reasons to prevent acceptance of the same as provided by law, we will cease the processing to which you have objected. You have the right to object at any time to the processing of your data for marketing and/or profiling purposes, as long as it is related to that purpose, without the need to specify the reason for your objection. In this case, the processing of your data will cease immediately.
To exercise the rights described above, you can:
call the toll-free number +1 888 320 9162 from Monday to Friday from 10 a.m. to 7 p.m., excluding public holidays; or
write to Customer Services via email through the "Contact Us" section of the Website by filling out the Contact Form and selecting "Privacy" as the Topic; or
contact Moncler Canada and Industries directly at the addresses indicated in Section 2 above.
To ensure that the data of users of the Website is not compromised or misused by third parties, prior to accepting your request to exercise any of the rights listed above, you may be asked to provide certain information to confirm your identity.
7 • COMPLAINTS
If you believe that your personal data has not been correctly processed, you may contact us using the contact information noted in Section 2 above. You may submit a claim to the Italian Personal Data Protection Authority (for more information, go to www.garanteprivacy.it), or submit a claim to your local supervisory authority.
* * *
Consent to the processing of personal data for marketing and profiling purposes
□ I confirm I've carefully read and understood the privacy notice available here
I consent to the processing of my personal data (as specified) in the privacy notice by Industries S.p.A.:
- for marketing purposes in order to receive promotional communications, in particular advertising relating to Moncler products and services (including e-mail and newsletter), invites to events relating to Moncler products and services, and market surveys through e-mail, telephone, SMS, MMS, instant messaging or postal mail (to the extent you provided such contact details and based on your preferred communication channels - see below)
□ I consent
- for profiling purposes (e.g., individual and group marketing profiles based on purchase history and preferences) in order to use such data for the building of group and individual profiles (profiling), business analytics for internal purposes, and customizing the above mentioned promotional communication and other types of promotional initiatives
□ I consent
Please specify your preferred communication channels by selecting the below boxes. If you don't provide any preference we will use all of them to the extent you provide your contact details.
□ e-mail, □ telephone (including automated calls) , □ SMS / MMS, instant messaging and □ postal mail
You may always specify your preferred means of contact and you may always withdraw your consent or opt out of those profiling activities. For customized communications, you may always opt-out of one or all of the communication channels listed above.
Date: __________ Signature: _____________
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