privacy policy

1. Introduction

Welcome to the Website https://www.moncler.com.

Industries S.p.A., part of the "Moncler Group", provides the following information about the collection and processing of the User’s personal data.

When using https://www.moncler.com or its services (hereinafter, the “Website” and the “Services”), information and personal data concerning Users of the Website are collected.

For this reason, in accordance with the provisions of the General Data Protection Regulation no. 2016/679 (“GDPR”) and applicable national legislation (together, “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.

Pursuant to the GDPR, "processing" is defined as any operation, including collection and/or storage, involving the personal data of any natural person (hereinafter, the “Data Subject” or the “User”), "controller" is defined as the natural or legal person who determines the purposes and means of the processing, and "personal data" is defined as any information relating to a natural person, identified or identifiable, even indirectly, by reference to any other information.

2. Data Controller and Data Protection Officer

The Data Controller is Industries S.p.A.,with registered office in Milan - 20144, via Stendhal, 47, VAT no. and fiscal code 04804070961 (hereinafter also "Moncler" o "Owner").

The User can contact the Data Controller free of charge by writing to the email address privacy@moncler.com, or by sending a registered letter with acknowledgement of receipt to the registered office detailed above.

Industries S.p.A. has appointed a Data Protection Officer (DPO), domiciled for these purposes at the offices of Industries S.p.A. and available at the following address: dpo@moncler.com. 

3. Categories of personal data processed

The Data Controller shall process the following categories of personal data (hereinafter collectively referred to as "Personal Data"):

3.1. Browsing data

During their normal operation, the computer systems used to operate the Website acquire some of the User’s 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 the User, but may lead his/her identification if, for example, it is combined with information held by third parties. This category of data includes the IP address and domain name of the 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 response, the numerical code indicating the status of the response given by the server and other parameters relating to the operating system. We use this data for the sole purpose of obtaining anonymous statistical information on the use of the Website and to ensure it is working properly. The data collected is deleted immediately after processing. The data could be used to ascertain responsibility in the event of cybercrimes affecting the Website and/or 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, to access certain pages reserved for registered Users and, for example, to send us a request for information or feedback on the Services, the User must create a personal account and become a registered User. When creating an account, the User will be asked to enter certain Personal Data, including his/her (i) first and last name, (ii) email address and (iii) date of birth, and to create a password.

In addition, Personal Data directly provided by the User when placing an order to purchase an item will be collected and processed: this consists of data collected through the sending of emails, interacting with the features of the Website and requesting Services offered by the Website.

The Personal Data we collect and process for the purpose of order fulfilment include (i) first and last name, (ii) nationality, (iii) email address, (iv) shipping address, (v) shipping and payment methods and, subject to consent, (vi) purchasing habits.

If the User wishes to use our online size guide service, we will collect Personal Data relating to his/her body measurements (e.g. height, weight, age).

If the User collects, processes and discloses information about third parties to Us, he/she must do so in accordance with the provisions of the Privacy Policy and, therefore, the User must provide the third parties with prior notification of processing and, if necessary, obtain their free and express consent before processing.

4. Purposes of processing and nature of data provision

Personal Data will be used exclusively for the following purposes:

(a) to create a personal account;

(b) to respond to and manage requests for information and/or feedback from Users via the online form, the live chat service available on the Website, the WhatsApp chat on +390242203315, the telephone on +0080010204000, or email at client.service@moncler.com or privacy@moncler.com.

(c) to provide the services requested through the Website, including registration and subsequent updates and to manage the activities organised through the Website;

(d) to manage sales activities and to provide sales and after-sales services, such as administration, accounting, returns and guarantee management, and Customer relationship management;

(e) to ensure compliance with legal obligations, national and EU regulations (including anti-money laundering regulations), to prevent fraud and to exercise rights in legal proceedings;

(f) for direct marketing – with your prior consent, which is optional, Moncler will process your personal data for additional purposes like marketing activities, commercial or advertising communications, direct sales and market research by email, (newsletter), phone, SMS, MMS and instant messaging;

(g) for profiling for marketing purposes – Moncler has created a specific system comprising various applications and related infrastructure, called "Moncler Digital Data Architecture for Customer Profilation" (hereinafter also "Moncler Digital Data Architecture"), which collects, from different sources (e.g. your in-store purchases, through the Monclient App, from anti counterfeiting websites and from profiling cookies), and processes information related to preferences, habits linked to purchases made by you worldwide, including through other Group companies appointed as Data Processors for this purpose, in order to build individual profiles to provide you, with your prior content, which is optional, with targeted communications by email (newsletter), phone, SMS, MMS, instant messaging and traditional mail, or for personalised management of the relationship with you;

(h) for online advertising and Social Media – in the event of| interaction with the Data Controllers’ social media pages, if you granted your consent to the use of profiling cookie on the Website, mentioned in Section 10 below, Moncler shall process your personal data in order to show you marketing announcements and content in line with your interests, in consideration of the preferences and of the purchase habits identified through cookies and/or other tracing systems of social media operators (like Meta) and/or after the analysis that social media providers carry out on their Users. In particular, Moncler shall be able to show targeted marketing content through digital platforms in consideration of your interests or of your behaviour and on the basis of all information which could be collected through profiling activities carried out on the Website and shared with digital platforms, or using the instruments made available by social media;

(i) for aggregated analysis of strategic and business intelligence: through the Moncler Digital Data Architecture, Moncler will also carry out aggregated analysis of strategic and business intelligence on the processed data and information, on the basis of legitimate interest, in consideration of the entrepreneurial and market need to carry out general-analysis activities and forecasts, developing statistical elaborations and corporate strategic models, thereby improving the Products and services offered to its Customers;

(j) to defend its own rights – Moncler will process personal data in order to protect its rights in judicial, administrative and extrajudicial proceedings and in any disputes that may arise in relation to the Services;

(k) to control the quality and verify the effectiveness of the assistance-services offered by Moncler, handling any disputes and complaints made by the User and managing Customer relations, including by way of recorded telephone calls with Client Services.

The provision of the User’s Personal Data for purposes (a), (b), (c), (d), (e), (j) and (k) is optional, but necessary in order to provide the Services requested. If the User refuses to provide such information, he/she will still be able to use the Website, but will not be able to access some of the Services reserved for registered Users or purchase Moncler Products and we will not be able to handle the User’s requests.

With specific reference to the purpose referred to in (k), the User will be notified in advance of registration by way of a brief information note delivered by a recorded voice at the beginning of the telephone call, making reference to this policy on the processing of personal data

Consent to the processing of Personal Data for the marketing and profiling purposes referred to in points (f), (g) and (h) is optional and refusal will have no consequences on the navigation of the Website and/or the purchase of Moncler Products.

5. Legal bases for processing

The legal basis for the processing of the Personal Data referred to in Article 4 above is:

· with reference to points (a), (b), (c) and (d)

fulfilment of a contractual obligation, in particular the provision of Services requested by the User via the Website;

· with reference to point (e)

fulfilment of a legal obligation to which the Data Controller is subject in the course of its business;

· with reference to points (f), (g) and (h)

consent of the Data Subject, given by means of a specific and separately expressed expression of will, only after having read this Privacy Policy. The User may at any time specify the preferred method of contact from those listed above and he/she may refuse to receive promotional communications through any or all of the contact methods.

In relation to consent for point (h), we make reference to the cookie policy (section 10); in such a case, consent is granted through the specific banner which can be found when you access the Website and can be revoked at any time in the ways specified in the same cookie control panel.

· with reference to point (i)

the legitimate interest of the Company (Art. 6 (1) (f) GDPR) to verify and improve the quality of services offered and the efficiency of company processes;

· with reference to point (j)

the legitimate interest of the Company to protect its rights (Art. 6 (1) (f) GDPR).

· with reference to point (k)

fulfilment of a contractual obligation, in particular the provision of Services requested by the User over the telephone with Client Services;

No new and specific provision is required as the Company will pursue this additional purpose, if necessary, by processing data collected for the aforementioned purposes.

6. Data processing and archiving methods

The User’s Personal Data will be processed using electronic means, and, sometimes, in paper form, and always in compliance with the security requirements of applicable legislation, with particular but not exclusive reference to Article 32 of the GDPR. Our security measures include contractual arrangements with other entities (e.g. service providers) to protect the security and confidentiality of the User’s Personal Data in accordance with the provisions of this Policy.

7. Period of use and storage of personal data

We will retain the User’s Personal Data until the purpose for their use is achieved in accordance with our internal data retention policy.

· For data referred to in points (a), (b), (c) and (d) of sections 4 and 5,

we have a retention period of 10 years from the time of initial collection for Personal Data that is processed for our invoicing and accounting purposes, save for instances in which national applicable law may provide for different retention requirements. In principle, we will promptly destroy the User’s Personal Data in our possession once we achieve the purpose for which such data was collected and used.

However, we will retain the following categories of Personal Data for the duration indicated below:

• registered User data: this data will be stored for as long as the account is active and for the subsequent 10 years from the last purchase, for administrative purposes.
• payment data: this data will be retained until such time as the payment has been confirmed and the administrative and accounting formalities relating thereto have been completed and for the subsequent 10 years from the last purchase, for administrative purposes.
• Data collected in connection with the use of Services offered on the Website (e.g. “pick-up in store”, “return in store”, “order in store”, “click and reserve”): this data is stored until the service has been fully performed and for the subsequent 10 years from the last purchase, for administrative purposes;
• data related to User enquiries sent to our Client Services department: relevant data will be retained until the request is resolved.
• For data referred to in points (f), (g) and (h) of sections 4 and 5, the Personal Data processed for marketing and/or profiling purposes will be retained for 7 years, as per the authorisation obtained from the Italian Data Protection Authority, issued on May 25, 2018, in favour of Industries S.p.A. After this retention period, the data will be automatically deleted or permanently anonymised. For cookie retention times, please refer to the more detailed description in the cookie policy.
• For data referred to in (i) and (j), the personal data processed for analysis purposes will be retained for the time set out in relation to the main purposes for which it was collected, save for the right to object, and for the time necessary to protect the specific right (sub. j).

7.1    Procedure and methods for the storage and destruction of Personal Data

In principle, we will promptly destroy the User’s Personal Data in our possession once we achieve the purpose for which such data was collected and used.

8. Scope of communication

8.1 Internal and external communication of data

Personal Data is accessible to duly authorised Moncler personnel (e.g., Digital, CRM, Retail, IT staff) 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) in the event of extraordinary transactions (e.g. mergers, acquisitions, sale of business, etc.); (iii) for the provision of fraud prevention services.

Personal Data is also shared with our service providers, e.g. for services of a technical and organisational nature that are necessary for the purposes referred to in Article 4, such as independent partners, including associates, shipping companies, marketing, payment management, etc., a list of which may be sent to the Data Subject upon request. We only provide such parties with the data necessary to perform the agreed services and they act as data processors in accordance with Article 28 of the GDPR, based on instructions received from Industries S.p.A.

Industries S.p.A. declares that it does not disclose the User's Personal Data to third parties for marketing or profiling purposes.

However, with reference to profiling, marketing and Customer relationship management (to provide the User with the same level of service worldwide), other companies in the Moncler Group may access the User’s Personal Data as data processors in accordance with Article 28 of the GDPR, based on instructions received from Industries S.p.A.

8.2. Transfer of data abroad

For certain processing of User’s Personal Data, Moncler may communicate such data to external parties located in countries that do not belong to the European Union (EU) or the European Economic Area (EEA) (hereinafter “Third Countries”). 

In particular, Moncler informs the User that his/her Personal Data may be transferred to Third Countries, a list of which will be updated from time to time and available upon request by the Data Subject. The lawfulness of such transfer is, in any event, guaranteed through the mechanisms provided for by Article 46 of the GDPR, since Moncler has executed the Standard Contractual Clauses approved by the European Commission (supplemented by additional technical/organisational/legal measures) or, as applicable, due to the existence of an adequacy decision pursuant to Article 45 of the GDPR, issued by the European Commission.

These external parties will process your Personal Data as independent data controllers or as data processors, regularly appointed by Moncler in accordance with Privacy Legislation and based on the role they play in relation to processing. 

9. Rights of the Data Subject

As a Data Subject, the User may at any time exercise the rights recognised by the Privacy Policy regarding the specific processing of his/her personal data. If the User is not of the legal age required by law, his/her legal guardians shall benefit from the rights described below.

Below is a general description of such rights and how to exercise them:

• right of access to own Personal Data: the User may obtain confirmation as to whether or not his/her Personal Data is being processed and, accordingly, obtain access to such Personal Data and information relating to the processing. If the User so wishes, he/she will be provided with a copy of his/her Personal Data;

• right to rectification of Personal Data: the User may have any inaccurate or outdated information corrected, modified or updated, and may have any incomplete Personal Data supplemented, which may be achieved by way of additional statement;

• right to withdraw consent: the User may at any time withdraw consent to the processing of his/her Personal Data in respect of any activity for marketing purposes, including profiling. To this end, please note that marketing activities include the sending of commercial and promotional communications and the carrying out of market research and surveys aimed at establishing satisfaction levels and adapting commercial offers to the User’s interests. Upon receipt of request, the processing of the User’s Personal Data based on such consent will cease; we will continue to carry out processing operations that are different or based on different grounds, in full compliance with applicable laws;

• right to erasure of Personal Data (right to be forgotten): the User may have his/her Personal Data erased if it, specifically, (i) is no longer necessary for the purposes for which it was collected or processed, or (ii) has been unlawfully processed, or (iii) needs to be erased to comply with a legal obligation, or (iv) if the User objects to its processing (see “right to object” below) and there is no overriding legitimate reason for Moncler to process the User’s Personal Data in any way. Once the request has been received and examined, if legitimate, the User's Personal Data will be erased;

• right to restriction of Personal Data processing: the User may request that the processing of his/her Personal Data be restricted, i.e. that the Personal Data be stored but not used (with the exception of requests made by the User and exceptions provided for by law):

- when the User disputes the accuracy of the Personal Data for the period necessary for Moncler to verify its accuracy;

- when processing is unlawful, but the User objects to the erasure of his/her Personal Data;

- when, although the Personal Data is no longer necessary to Moncler for the purpose of the processing, the User needs it to ascertain, exercise or defend his/her rights in Court;

- when the User objects to the processing, pending verification of whether Industries S.p.A. has legitimate grounds for continuing to process the Personal Data;

• right to data portability: the User may request to receive his/her processed Personal Data, pursuant to his/her consent or a contract entered into with him/her, in a structured and machine-readable format. If the User so wishes, and if the transfer is reasonable and technically possible, we may, at the User’s request, transfer his/her Personal Data directly to a third party indicated by him/her;

• right to object: the User may object at any time to the processing of Personal Data carried out on the basis of a legitimate interest, stating the reasons supporting the request. In the absence of grounds preventing the implementation of the right in accordance with the law, we will cease the processing that is the subject of the objection. The User has the right to object at any time to the processing of his/her Personal Data for marketing and/or profiling purposes, insofar as the processing is related to such purpose, without the need to specify the reason for the objection. In this case, the processing of Personal Data will be suspended immediately;

• the right not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects concerning the User or significantly affecting him/her in a similar way.

National laws may provide for additional rights for data subjects. For further information, the User may contact Moncler via the contact details indicated below.

To exercise the rights described above:

• for Countries/Regions where the toll-free number is available, call Client Services (00,800,10204000, Monday to Friday from 10 a.m. to 7 p.m. CEST, excluding public holidays);
• write to Client Services, selecting "Privacy" in the relevant form in the "Contact us" section of the Website;
• contact the Data Protection Officer at dpo@moncler.com.

If you believe that your Personal Data has not been processed fairly, you may lodge a complaint with your local Data Protection Authority.

To view a list of our external data processors and the third parties with whom Moncler shares the User's Personal Data, please contact the Data Controller in the ways detailed above.

10. Cookies

The Website uses technical cookies and, subject to the consent of the Data Subject, profiling, analytics and social cookies, as well as additional features like plug-ins and/or buttons.

For further information, Data Subjects are invited to read the Cookie Policy.