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Legal Area

Changes of the use conditions

 

These General Use Conditions (hereinafter “General Use Conditions) rule the access and use of the website “sergiorossi.com” (hereinafter the “Website”) by the user. By accessing the Website and using it, the user confirms he has seen and accepted the General Use Conditions.

 

The Website is managed and maintained by Diana s.r.l. with registered office in Torreglia (PD), Via San Daniele 137/139, 35038, Economic and Administrative Index no. PD-366293, Tax code and VAT number 04152630283 (hereinafter the “Manager”), which is

also the subject that sells products through the Website under the authorization by Sergio Rossi S.p.a.. The sale terms and conditions are ruled by the “General Sales Conditions” published on the Website. 

 

Changes of the use conditions

 

The Manager can modify or update, partially or totally, these General Use Conditions. The changes and the updates of the General Use Conditions will be published on the Website Home page as soon as they are adopted and they will be binding as soon as they are published on the Website in this section.

 

Liabilities for the use of the Website

 

  1. The access and the use of the Website, including displaying web pages, communicating with the Manager, downloading information relevant to products and their purchase are activities that the user carries out for personal purposes and don’t involve any commercial, professional or entrepreneurial activity. The user will be liable for the use of the Website and its contents. The manager is not liable for the use of the Website and its content that does not comply with the regulations in force except for the liabilities for damage and gross negligence. In particular, only the user will be liable for communicating incorrect information or data, as well as false data or data from third parties who have not authorized their use as well as for the incorrect use of the data themselves.
  2. The user is liable for the use of material downloaded from the website or obtained from it; therefore, the liabilities for damages to computer systems or loss of data resulting from downloading it from the website are charged to the user and can never be charged to the Manager. Except for the law limitations, the Manager declines all liabilities for any damage due to the incapability to use the Website services or other damage caused by viruses, damaged files, errors, omissions, service interruptions, the cancellation of content, problems with the network, providers, telephone and/or telematic connections, unauthorized access, changes of data, no operation and/or malfunctioning of electronic devices of the user.
  3. The user is responsible for keeping and properly using his/her personal information such as the credentials to enter reserved services, as well as for negative consequences or injury caused to the Manager or third parties due to the incorrect use, loss or theft of information.

 

Privacy Policy

 

As concerns the processing of personal data, see the section “Privacy Policy,” which is always applied when the Website is used.

 

Intellectual property rights

 

  1. The Website contents, such as works, pictures, dialogues, music, sound and videos, documents, drawings, figures, logos and all other material, in any format, published on the Website, including menus, web pages, graphics, colors, diagrams, instruments, characters and the design of the Website, diagrams, layouts, methods, processes, functions and software, which are part of the Website, are protected by the author’s right and by all other intellectual property rights of the Manager and its entitled persons. It is forbidden to reproduce, partially or totally, in any form, the Website and its contents without the written authorization of the Manager. The Manager has the exclusive right to authorize or forbid the direct or indirect, temporary or permanent reproduction, in any form or way, either partially or totally, of the Website and its contents.
  2. As concerns the use of the Website, the user is only authorized to display the Website and its contents.
  3. The user is not authorized to reproduce the Website and its contents either partially or totally in any medium. Any reproduction will be authorized by the manager and, if necessary, by those who have rights on the works contained on the Website. However, the reproduction operations will be carried out for licit purposes and on the basis of the author’s rights and other intellectual property rights of the Manager and/or its entitled persons. The authors of the works published on the Website have, at any time, the right to claim the ownership of their works and oppose any deformation, modification or change of their works including any action against the works as well as the injury to their honor or reputation.
  4. The user commits to respect the author’s right of those who publish their works on the Website or who collaborate to the creation of all expressive or artistic forms intended for publication, but not exclusively on the Website, or, that which is an integral part of it.

Furthermore, the user is never authorized to use, in any way and form, the contents of the Website and all works protected by the author’s right and other intellectual property’ rights.

 

Trademarks and domain names

 

  1. All the distinctive marks of the products sold on the Website and contained on the Website are trademarks registered by their relevant owners and are used to distinguish, describe and advertise the products on sale.
  2. The manager and the other owners of registered trademarks are entitled to use their trademark in an exclusive way. Any use of these trademarks that does not comply with the law and is not authorized is forbidden and will be liable to prosecution. It is forbidden to use trademarks and other distinctive marks of the Website to take advantage of the distinctiveness or reputation or in a way that can damage the trademarks and their owners.

 

User Generated Content (“UGC”)

 

1.         The individual and/or the legal person that has directly or indirectly (even by sending a specific hashtag) authorized Sergio Rossi S.p.a. (the “Grantor”) to communicate and/or publish or diffuse of a contribution of theirs, of any form or nature and on any support (including, without limitation, images, photos, videos, sounds, music, texts, and works of any type), grants permanently, irrevocably, non-exclusively, free of charge and royalty, all and any rights of economic exploitation including the rights related to copyrights and rights relevant to these contributions (hereinafter “Authorized Contributions”), with the sublicense right. Therefore, the Grantor expressly acknowledges that Sergio Rossi S.p.a. has the right to use the Authorized Contributions, to use or remove them at any time because Sergio Rossi S.p.a. its entitled persons are the only legitimate and competent subjects for these purposes for an indefinite amount of time. The rights are granted in the worldwide and for any use and economic exploitation. All Authorized Contributions will be non-confidential. Consequently, Sergio Rossi S.p.a. will be entitled to use, copy, distribute, reproduce, transfer, exploit, modify, process, transform, keep in a database, cut parts, modify and/or add, insert or replace comments and/or diffuse to third parties these contributions for any purpose and according to the methods and advertising and/or commercial strategies that Sergio Rossi S.p.a. and/or its entitled persons will decide (such as, without limitation, by reproducing and publishing the contributions by means of Facebook, Instagram, brochures, magazines, albums, collections, products, etc., even for commercial initiatives). Therefore, the Grantor authorizes Sergio Rossi S.p.a. and its entitled persons to match/link, directly or indirectly, the Authorized Contributions to the commercial and promotional initiatives, the image and the distinctive marks of Sergio Rossi S.p.a. and/or its entitled persons (without prejudice to the moral rights of the Grantor).

2.         The Grantor guarantees that he has the rights and the juridical capability to commit to these General Use Conditions in his jurisdiction and that the contribution is an original and exclusive work and that the work:

  • does not derive of any work of third parties without their authorization;
  • does not breach or can breach in any way the author’s rights, registered trademarks or other rights of intellectual or industrial ownership of third parties;
  • does not breach or can breach in any way the economic rights or personal rights of third parties as the Grantor has received the authorization and/or specific consent by any third party (or any other person having rights on them);
  • does not breach any law provision, including, as an example, Law no. 633/1941 and subsequent modifications and integrations of the Law Decree 30/2005 – Code of Industrial Property and subsequent modifications and integrations, Law Decree 196/2003 – Privacy code;
  • it is not indecent, racist, discriminatory or, in any way, contrary to public order or public morals;

and commits to indemnify Sergio Rossi S.p.a. and its entitled persons in any case in which one or more of the above-mentioned statements are false or incorrect.

Sergio Rossi S.p.a. and its entitled persons will also have the right to communicate the identity of the Grantor and other third parties that claim that the Authorized Contributions breach their rights of intellectual property and/or their confidentiality.

3.         Sergio Rossi S.p.a. and/or its entitled persons, will not be liable for breaching the rights of the Grantor and/or third parties directly or indirectly deriving from the use, in any form and way, of the Authorized Contributions, in any case, both for the contractual liability or non-contractual liability (including, for example, negligence or breach of the law) concerning: i) patrimonial damages (including, for example, any arising damage, loos of income, current or forecast profits, contracts, business, opportunities or forecast savings); ii) loss of reputation; iii) consequential or indirect damage suffered by the Grantor or third parties.

4.         The Grantor accepts that he will indemnify Sergio Rossi S.p.a. and/or its entitled persons, and will hold it harmless from all costs, direct and indirect damage, expenses, losses, including legal and court fees relevant to any claim and/or application and/or action that can be performed at any place by third parties, including public authorities, administrative and state bodies, due to any dispute deriving from or relevant to the use of the contribution by Sergio Rossi S.p.a. and/or its entitled persons and to the statements and guarantees given by the Grantor in these General Use Conditions.

 

Links to other websites

 

  1. The Website contains hypertextual links (i.e. "links") to other websites that have no connection with the Website itself. The Manager does not control or monitor these websites and their contents. The Manager is not liable for the contents of these websites and the rules they adopt relevant to the processing of the user’s personal details during the navigation, Therefore, the user should carefully read the use conditions and the privacy rules of these websites. These General Use Conditions and the Website’s Privacy Policy do not apply to the websites managed by other subjects. The Website provides links to other websites to facilitate its users in searching and navigating and for making the hypertextual connection in the Internet to other websites easier. Enabling the links does not imply that the Manager has recommended or suggested access and navigation to these websites; moreover, the manager is not responsible for their contents, services or goods they provide and sell to Internet users.
  2. Anyone interested in linking to the Home page and other pages of the Website, which are publicly accessible, should contact the Manager at the following email address customercare@sergiorossi.com, to ask for the authorization to the hypertextual connection.

The Manager authorizes the applicant to enable the links free of charge and not exclusively after obtaining the authorization of Sergio Rossi S.p.a. and checking the applicant’s requirements.

Sergio Rossi S.p.a. has the right to refuse an applicant to enable direct links to the Website in the event the applicant has adopted, in the past, disloyal commercial practices or practices that don’t comply to the industry use or has carried out actions of disloyal competition to Sergio Rossi S.p.a. or if Sergio Rossi S.p.a. fears that these practices can be adopted in the future, or if the applicant has adopted in the past, or might adopt in the future, some actions that might discredit Sergio Rossi S.p.a., their Website or their services. In any case, it is forbidden to enable deep hypertextual links (such as deep frames or deep links) to the Website as well as the non-authorized use of meta-tags to the Website without the authorization of Sergio Rossi S.p.a..

 

Warnings about the content

 1. The Manager has taken every step to prevent content that describes or represents abusive scenes or situations from being published on the Website or content that can harm the civil convictions of the users as well as the human rights and the dignity of the person in any form and expression.

Despite this, the manger does not guarantee that the Website content is appropriate or licit in other countries out of Italy. However, if the content is illicit or illegal in some countries, we recommend not entering the Website and, if the user decides to enter it as well, the way he will use the provided services will be of his own exclusive liability.

Moreover, the Manager has adopted all precautions to ensure his users that the Website content is accurate and free of incorrect or old information when it is published on the Website and possibly, even later.

Nevertheless, the Manager is not responsible for the accuracy and completeness of the content published on the Website, except for his liability for willful misconduct and gross negligence and for whatever stated by the law. Moreover, the Manager cannot guarantee the users that the Website works continuously, without interruptions or errors or malfunctioning due to the Internet connection.

For any problem detected in the use of the Website contact the Customer Care or the following email address: customercare@sergiorossi.com.

Despite the Manager trying everything to ensure continuous access to the Website, the dynamic nature of Internet and its content might not consent the Website to operate without suspensions or interruptions.

The Manager has adopted technical and organizational measures suitable to safeguard security of its services of the Website, the integrity of traffic data and electronic communications with other use or knowledge forms not allowed as well as to prevent the risks of dispersion, description or loss of data and confidential and non-confidential information relevant to its users on the Website as well as unauthorized access or not complying with law regulations, data and information.

2. In the event of a breach of these General Use Conditions, the Manager will be entitled to prevent the user’s access to the Website as well as suspend or close the relevant account.

 

Applicable law and resolution of disputes

 

These General Use Conditions are ruled by Italian law. In the event of controversies arising from the General Use conditions, the user can enter the platform for solving online disputes provided by the European Commission by the link https://webgate.ec.europa.eu/odr.

 

 

 

General Sales Conditions

 

These General Sales Conditions (hereinafter “General Sales Conditions”) rule the product offers and sales on the website sergiorossi.com (hereinafter “Website”).

 

The products purchased from the Website (hereinafter the “Products”) are sold directly by Diana s.r.l. with registered office in Torreglia (PD), via San Daniele 137/139 35038, Economic and Administrative Index no. PD-366293, Tax code and VAT no. 04152630283 (hereinafter the “Seller”). Therefore, the Seller is the only counterparty of the consumer who wants to buy one or more Products from the Website and, therefore, Diana s.r.l. is (i) the subject the consumer addresses his/her orders to accept the offer and conclude the sales agreement, (ii) the subject that commits to the user for the fulfilment of the pre-contractual obligations deriving from the offer; (iii) the subject that concludes the sale agreement with the consumer and is charged with the relevant obligations and rights.

 

1. Applicability of these General Sales Conditions

 

1.1.         These Sale Conditions exclusively rule the offer, the dispatch and the acceptance of the purchase orders of the Products from the Website between the users-consumers and the Seller.

The General Sales Conditions don’t rule the supply of services or the sale of products from subjects who are not the Seller even if they are present on the Website by means of links, banners or other hypertextual connections. It is the consumer’s responsibility to check the sale conditions before sending an order and purchasing products and services from other parties who are not the Seller. Therefore, the Seller is not responsible for the supply of services from third parties or the conclusion of agreements, by electronic means, between the consumer and third parties.

1.2.      The Seller offers the Products on sale by means of the Website and carries out electronic commerce activity only to final users who are “consumers”, i.e. individuals who have no commercial, professional or entrepreneurial targets.

Therefore, the Seller is entitled not to execute orders either from subjects who are not “consumers” or from subjects that don’t comply with their commercial policy.

1.3.         Reading and approving these General Sales Conditions is compulsory to send a purchase order. If these General Sales Conditions are not accepted, purchases cannot be carried out from the Website.

 

2. Conclusion of the agreement between the user and the Seller

 

2.1.     The language of the agreement is Italian.

2.2.        Purchase orders from countries not included in the list of countries won’t be accepted.

2.3.        In order to conclude a purchase agreement, the consumer, who wish to purchase one or more Products from the Website, shall complete the electronic order form and send it to the Seller by following the given instructions.

2.4.        The order form contains a reference to these General Sales Conditions and the Informative Note about the Right of Withdrawal as well as a summary relevant to the essential characteristics of each ordered product and its price (including taxes or applicable fees), the payment methods, the methods of delivery the purchased products, the shipment and delivery costs, the conditions to follow for the right of withdrawal and the methods for returning the purchased Products.

2.5.        Before purchasing the Products and sending the order form, the consumer should carefully read these General Sales Conditions and the Information Note relevant to the right of withdrawal and consumer should also be able to print, be familiar with or copy them for his/her personal uses.

Before sending the order form, the consumer will be able to identify and correct mistakes, if any.

By sending the order form, the consumer declares that he/she understands and accepts its contents as well as the General Sales and Use Conditions, the Privacy Policy and the rules relevant to the right of withdrawal. The order won’t be executed if these contents are not fully accepted.

2.6.        The prices of the Products might be updated. The consumer should check the final sale price before sending the order form.

2.7.        The agreement is completed when the order form is received by the Seller, by electronic means, and after making sure that the order is correct.

2.8.    After the agreement is completed, the Seller will execute the purchase order.

2.9.        The purchase order will be filed in the Seller’s database for the period necessary to complete the order and in accordance with the law. The consumer will be entitled to check his/her orders from the proper section of the Website.

2.10.     The Seller will not execute orders that are incomplete or incorrect or that don’t give enough guarantees of its solvency or if the Products are not available. In these cases, the Seller will inform the consumer by e-mail and will explain the reasons why the purchase order cannot be executed.

2.11.      If the Products on the Website are no longer available or on sale at the moment of the last access to the website or when the order form is sent, the Seller will inform the consumer immediately if the ordered Products are not available, and, in any case, within 14 days starting from the day after the order was sent to the Seller. The Seller will reimburse the relevant amount paid for the items but the consumer will not be entitled to any other further reimbursement.

2.12.     After the agreement is concluded, the Seller will mail the consumer a purchase receipt that gives the information contained in the order form (see the General Sales Conditions and the Information Note relevant to the withdrawal right, the information relevant to the main characteristics of the products, the detailed price, the payment method, the right of withdrawal and the delivery costs).

 

 

  1. Characteristics of the goods on sale

 

3.1.         The Website offers only original products marked Sergio Rossi and purchased directly by the Seller from Sergio Rossi S.p.a. and/or producers authorized by Sergio Rossi S.p.a.

3.2.        The essential characteristics of the Products sold by the website are given in each product chart. The images and the colors of the Products on sale might not correspond exactly to the real ones due to the Internet browser and the available monitor.

3.3.        All Products are identified by a tag with a single-use seal. In order to exert the right of withdrawal, the tag and the seal must not be removed.

3.4.        In the event that the consumer exerts the right of withdrawal, the Seller might not accept the return of Products without the tag or returns whose essential and qualitative characteristics have been changed or are damaged.

 

4. Payments

 

4.1.         The payment methods for the Products and the relevant shipment and delivery expenses are given on the order form and are part of these Sale Conditions.

4.2.        If the payment is by credit card, the financial information (such as credit/debit card number and expiry date) will be sent by cryptographic protocol to banks or companies that supply the electronic remote payment without third party access to it. This information will never be used by the Seller except for completing the purchase procedures or for reimbursement in the case where the Products are returned, after the right of withdrawal have been implemented, or if it is necessary to prevent or inform the police about fraud on the Website. The Product purchase price and the shipment expense, as given on the order form, will be charged at the moment of the purchase.

 

5. Shipment and delivery of the Products

 

5.1.      The shipment of the Products ordered on the Website is carried out by express delivery. The delivery time is calculated while including working days but not bank holidays.

5.2.     The Website automatically recognizes the country from which the consumer is being connected. It is possible to change the country where the products will be shipped by clicking on the shipment link.

5.3.     The order must be carried out directly from the Website of the country identical to the delivery address. Those orders carried out in a country different than the destination country or to an address that is not accepted by the Seller’s courier (such as PO box and undressed mail) will be automatically deleted.

 

  1. Right of withdrawal

 

6.1.      The consumer is entitled to withdraw from the agreement concluded with the Seller without any penalty and without giving any reason, within 14 working days from the day he/she has received the Products purchased from the Website.

It is not possible to substitute one item for another - a new order must be placed.

 

6.2.     The right of withdrawal – besides following the terms and methods given in the previous paragraph – is correctly exercised if the following conditions are met:

  • the Return Form is completed and sent to the Seller within 14 working days from the receipt of the Products;
  • the Products must not be used, worn, washed or damaged;
  • the identification card must be attached to the Products with the single-use seal that is part of the item;
  • the Products must be returned in their original packaging;
  • the returned Products must be delivered to the forwarder within 14 days starting from the day that the consumer sent the Seller the relevant return Form.

6.3.     If the withdrawal right follows the terms and conditions given above, the Seller will reimburse the cash amounts in accordance with the methods and the conditions given below. The amounts will be reimbursed in the shortest possible time and, in all cases, within thirty (30) days from the date that the Seller receives the goods in their warehouses, the Seller will start the reimbursement procedure after making sure that the withdrawal procedure has been carried out properly.

6.4.     If the terms and conditions of the right of withdrawal given in this paragraph are not followed, the Consumer will not be entitled to reimbursement of the amounts paid to the Seller; nevertheless, the consumer will have the right to get back, on his/her own expenses, the products he/she had returned to the Seller. Otherwise, the Seller might keep the products as well as the amounts already paid from them.

 

  1. Time and method of reimbursement

 

7.1.         After returning the Products, the Seller will check that they comply with the conditions and terms given in paragraph 6. If the checks are positive, the Seller will send the Purchaser, by e-mail, the confirmation that the returned Products are accepted.

7.2.        Despite the payment method chosen by the Consumer, the reimbursement is carried out by the Seller in the shortest time possible and within thirty (30) days starting from the day that the Seller receives the goods in their warehouse and after making sure that the procedure of returns has been followed properly and has been accepted.

7.3.        If there is not a correspondence between the recipient of the order form and the person who paid for the purchase, the Seller will reimburse the person who carried out the payment.

7.4.        The date of the currency of the reversal is the same of the charge; therefore, there will be no loss of bank interests.

 

8. Privacy

 

8.1.         The Consumer might get information relevant to the processing of personal data entering the Privacy Policy.

8.2.         Moreover, the General Use Conditions contain important information relevant to processing the personal data of consumers as well as the adopted security systems.

8.3.         For further information about the Privacy Policy, please write directly to customercare@sergiorossi.com

 

9. Applicable law and resolution of dispute

 

9.1.        The General Sales Conditions are ruled by the Italian law and, in particular, by the provisions of the law decree dated 6th September 2005 no. 206, the “Consumer Code”, with reference to the provisions relevant to distant contracts and the law decree dated 9th April 2003 no. 70 relevant to same aspects of electronic commerce.

9.2.        In the event of dispute between the Seller and the consumer arising from the General Sales Conditions, the consumer can enter the platform for the resolution of an online dispute provided by the European Commission from the link https://webgate.ec.europa.eu/odr

 

  1. Changes and updates

 

10.1.    These General Sales Conditions can also be modified in the event of changes in the regulations. The new General Sales Conditions will be valid from the day on which they are published on the Website. Therefore, the consumers should visit the Website regularly and check the latest version of the General Sales Conditions before purchasing any product.

10.2.   The General Sales Conditions applicable to every agreement concluded by means of the Website are those that are valid on the day when the purchase form is sent.

 

  1. Customer care

 

11.1.    The consumer can get any information by contacting our assistance service, please write to Customer Care.

11.2.    The Seller can be contacted by e-mail to the following address: customercare@sergiorossi.com.

 

 

Privacy Policy

 

Pursuant to art. 13 of Law Decree no. 196 dated 30.6.2003 (hereinafter the “Privacy Code”), we wish to inform users that the processing of the personal details, both of website users and/or visitors (hereinafter the “User” or “Users”) who consult and/or visit and/or log in to the website “sergiorossi.com” (hereinafter “Website”)– independently from the purchase of the products – is performed in accordance with the regulations relevant to the protection of personal details and confidentiality, to which our business is inspired, for the scopes and methods that are given in this Privacy Policy.

 

The principles of this Website’s Privacy Policy are based on the following:

1)    To process the data for the purposes and according to the methods given in the information note that is provided when data is collected;

2)    To only use the data for purposes different than those it is collected for if the User has expressed consent;

3)    To make data available for third parties only for supplying the required service and if a responsible person is in charge of its processing; not to communicate the data or transfer it to third parties for its own processing procedures without the Users being previously informed or without their consent;

4)    To meet the requests of cancellation, modification, integration of the supplied data, the refusal of its processing for sending commercial information and advertising materials;

5)    To ensure a fair and lawful data management by protecting the privacy of website users as well as to apply the measures suitable for protecting confidentiality, integrity and availability of the collected data.

 

We would like to inform the reader that the Privacy Policy is only relevant to this Website and not to other websites that the User might consult by clicking other links.

 

This Privacy Policy can be consulted from the home page of the website “sergiorossi.com” and by a link from any page of the website itself where personal details are collected. If it needed, in the sections where the data is collected, further information can be provided relevant to the specific purposes for which the data is used.

 

1.Type of processed data

 

The personal data that the User provides for consulting and/or logging in and/or purchasing the products (hereinafter “Data”) concern the following:

  • personal data,
  • passwords,
  • addresses,
  • phone numbers,
  • e-mail addresses,
  • tax code,
  • VAT number,
  • credit card,
  • bank details.

 

2. Collection of the Users’ data

 

Most parts of the Website sections don’t require any logging in as the access and consulting don’t ask for the user’s identification. Despite that, some sections may require logging in. The provision of the User’s data through the website “sergiorossi.com” might be necessary to achieve the purposes given in the information note but the data provision can also be free and optional. It is specified from time to time if it is compulsory to provide the data – with reference to the information required – when the data is collected. The refusal to communicate compulsory data makes it impossible to complete the purchase or the use of accessory services, such as, for example, the reception of newsletters.

The provision of other data that is not marked as compulsory is optional and does not cause any consequence.

 

3.Data Collector

 

The Data Collector is Sergio Rossi S.p.a. (hereinafter only “Sergio Rossi” and/or the “Collector”), with offices at Via Stradone 600/602 47030 San Mauro Pascoli (FC), Italia.

 

4. Subjects responsible for and in charge of data processing

 

Pursuant to art. 29, Law decree 196/2003, Sergio Rossi, being responsible of the data processing, charged Diana Srl, with offices in Torreglia (PD) alla Via San Daniele n. 137/139, 35038, e-mail: info@dianacorp.com, with the management of the IT services relevant to this website and e-commerce as well as for dealing with requests relevant to the rights of the concerned person (hereinafter “Diana” and/or the “Responsible Party”).

 

It is agreed that, in order to achieve the Website purposes, specified below, Sergio Rossi can appoint other responsible parties for processing the data. In order to get the complete list of subjects responsible for data processing, the User can contact Diana as they are responsible for dealing with the rights of the concerned person in accordance with the methods given in the following section 8.

At the same time, Sergio Rossi and Diana, respectively the Collector and the Responsible Party, appoint other parties for processing the data, such as the staff in charge of the execution of orders, the administrative staff, the customer care offices, the marketing department (if consent has been given) and other persons in charge of the supply of the services reserved to the registered users.

 

5. Purposes of the processing

 

The User’s data is collected and processed by Sergio Rossi for purposes strictly linked to the use of the Website and its services. In particular, the Data is processed for providing the services available from the Website such as the following:

-       registration to the Website and the use of its services;

  • registration to specific services, such as the creation of a personal Wish List;
  • execution of orders and other activities;
  • management of the User’s requests both technical or commercial relevant to the status of his/her orders and inquiries;
  • contacts with the customer care department;
  • for marketing purposes (reception of newsletters, news and promotions).

 

In some cases, as expressly given in this Privacy Policy, the Data will be processed – only after getting the User’s consent – for the following:

 

  • to process and/or create profiles based on the purchase preferences of the Users for sending information suitable to his/her needs and interests;
  • to send, even by e-mail, advertising materials, to do direct marketing and other commercial communications such as new commercial initiatives relevant to the activities and services of the Website.

 

In any case, without prejudice to the provisions given in art. 130, paragraph 4 of the Privacy Code, which allows the Collector to use data to send advertising e-mails about their products and services similar to those that the user has already purchased, unless the user has expressly refused it.

It is also understood that Sergio Rossi will guarantee the website users to exercise, at any moment and without giving reasons for it, their right not to receive further communications relevant to the use of particular services.

 

Any other processing purpose different from that for which personal details are provided will be explained in the information note and will be achieved by Sergio Rossi only after getting the User’s consent.

 

6. Method to process the data and its maintenance

 

The User’s data is processed mainly by means of electronic systems and sometimes in hardcopies.

 

The User’s data will be kept with a method that allows the identification for the time strictly necessary to achieve the purposes for which the data is collected and processed and, in any case, in accordance with law provisions. In order to guarantee that the User’s data is always correct, updated and complete, we recommend that the User updates the personal details from his/her account or contacts Customer Care.

 

7. Transfer and communication of the data to third parties

 

The User’s data will be communicated to third parties only after getting the user’s consent, except in the case in which the communication is compulsory or it is necessary for legal purposes that do not require the consent of the concerned person. In these cases, the data will be available for third parties who will process it autonomously and only for the above-mentioned purposes (i.e. requests from public Authorities or Courts or other Authorities or for fulfilling the obligations deriving from the contract such as for communicating information to the companies that deal with the negotiations of the purchased products).

 

The user’s data will not be transferred abroad to countries that do not belong to the European Union where the suitable protection levels are not guaranteed.

 

8. User’s rights

 

Pursuant to art. 7, law decree 196/2003, the User is entitled to obtain a confirmation from Diana that his/her personal details are being processed and, if they are not filed yet, he/she can receive them in a clear form.

Furthermore, the User is entitled to get information from Diana about the origin of his/her data, the purposes and methods of processing it, the logic applied if processing is carried out by electronic instruments; the names of the collectors and persons responsible for processing, the subjects, or the category of subjects, to whom the data can be communicated or disclosed as they are those responsible for data processing.

 

The User is also entitled to get from Diana:

1)    the update, correction and integration of his/her data;

2)    the cancellation, transformation in anonymous form of data or blocking the use of his/her personal details if they are processed in breach of the law, including data that doesn’t need to be maintained for the purposes it was collected or processed for;

3)    the confirmation that the operations given in the previous items 1) and 2) are disclosed to those who have received the Data, except in the case in which that confirmation is impossible to achieve or would lead to the  use of means that are clearly out of proportion in view of the right that is being protected.

 

Finally, the User is entitled to refuse partially or totally:

1)    for legitimate reasons, his/her personal details from being processed even if they are  relevant to the scope of the collection;

2)    the process of his/her personal details to send advertising materials or direct marketing or for completing market surveys or receiving commercial information.

 

In order to exercise the above-mentioned rights, the User will apply directly to Diana, as the company is the subject responsible for dealing with the user’s rights, to the following address: Diana Srl, Via San Daniele, n. 137/139, 35038, Torreglia (PD); mail: info@dianacorp.com; fax: 049 810970.

 

9. Exclusion of the consent

 

Due to the provisions of the Privacy Code, Sergio Rossi can deal with the User’s personal details without asking for the user’s consent if it is required by law or if it is necessary to fulfill the contractual obligations to the User.

 

10. Personal details of third parties

If Sergio Rossi processed the data of third parties communicated directly by a User of theirs (i.e. the User has purchased a product to deliver to a different person or when the person who pays for the product is not the recipient of the product or when the User suggests the Website to a friend of his), the User must make sure that he has informed the third party about the processing of his/her personal details in accordance with art. 13, law decree 196/2003 and has obtained the authorization of the person before communicating his/her personal details. The User will be the only responsible person for the communication of information and data relevant to third parties without having expressed their consent or for their incorrect or illegal use.

The consent is not necessary only when the personal details are given to Diana to conclude a contract in favor of a third party.

 

11. Cookies

 

The Website uses automatic data collection systems. The cookie is transmitted by the User’s hard disk; it does not contain understandable information, but it allows the association between the User to personal information that he/she has provided the Website. The cookies are positioned in our server and nobody can access the information it contains.

The Website deals with the collected information by cookies only in an anonymous and gathered form to optimize its services and meet the needs and preferences of the Users.

We have arranged cookies, for example, for the catalog browsing functions, to purchase products and supply the user with services. The browser allows the deletion of cookies after each session. The browser contains the instructions on how to work with deletion procedures. The acceptance of the automatic procedures of data collection and the use of cookies are necessary for using the Website and its services, including the purchase of the products. If the User has enabled the procedure of deletion of cookies, the Website will not guarantee the complete visualization of a few web pages as well as the products that the User has chosen during the online purchase processes.

 

12. Security measures

 

Sergio Rossi and Diana, respectively the Collector and the responsible part, adopt suitable security measures to minimize the risk of destruction or loss – even accidental – of Data, unauthorized access or processing that doesn’t comply with the collection purposes given in the Privacy Policy.

However, Sergio Rossi and Diana cannot guarantee their users that the measures adopted for the security of the Website and the transmission of data and information to the Website eliminate or exclude any risks of unauthorized access or deletion of data from devices belonging to the User.

Therefore, it is always recommended that the User’s PC is equipped with suitable software for the protection of data transmission to the network and that the Internet provider has adopted suitable measures for ensuring the secure transmission of data to the network

 

 

13. Links to other websites

 

The website contains links to other websites that may have no connection with Sergio Rossi.

The Collector and the Responsible Party don’t control or monitor those websites and their contents. The Collector and the Responsible Party are not responsible for the contents of those websites and the rules they adopt even regarding privacy and processing of the User’s data during the navigation.

This Privacy Policy does not apply to third party websites. The Website provides links to other websites only to facilitate the search and navigation of the User and to facilitate Internet hypertextual connection to other websites. Enabling links doesn’t imply that the access and the navigation to these websites is recommended and it does not provide any guarantee relevant to their contents, services or goods supplied and sold to Internet users.

 

14. Use of the Website by Minors

 

This Website is to be used by people older than 18 years old. Therefore, requests from people under 18 will not be considered.

 

15. Contacts

 

For further information about data processing, we recommend visiting the Personal Data Protection Authority’s website at http://www.garanteprivacy.it. For further information relevant to data processing by Sergio Rossi and Diana and/or for exercising the rights given in art. 7 of the Privacy Code, the User can write to Diana, being the subject responsible for dealing with the concerned person, to the following address Diana srl, Via San Daniele n. 137/139, 35038, Torreglia (PD);  e-mail: info@dianacorp.com; fax: 049 810970.

 

16. Applicable law

 

This Privacy Policy is ruled by Italian law and in particular by the Privacy Code, by the provisions, authorizations and guidelines adopted by the Privacy Authority that rule data processing.

The Privacy Code guarantees that data processing is carried out in accordance with the rights and the fundamental liberty as well as the dignity of the concerned person, in particular regarding confidentiality, personal identity and the right to the protection of personal data.

 

17. Modifications and updates of the Privacy Policy

 

The Collector is entitled to modify or update, partially or totally, the website’s Privacy Policy because of the changes of law provisions or regulations that rule the matter. The users will be informed about modifications and updates of the Privacy Policy as soon as they are adopted and they will be binding as soon as they are published in the Website. Therefore, we recommend users to enter this section regularly to check for the publication of the latest Privacy Policy.

 

18. Specific information relevant to the processing of data contained in the User Generated Content

 

It is possible that the User Generated Content (hereinafter the “UGC” or “Authorized Contributions”, contains the data of the User or third parties (such as the images or portraits of persons). Therefore, subject to the provisions of this Privacy Policy, it also states the following:

The processing of data contained in the Authorized Contributions is carried out only after getting the specific authorization of the user and it is based on the principles of fairness, legality and transparency. Pursuant  to article 13 of the Privacy code, we provide you with the following additional information: data will be processed according to the limits and methods given in the privacy code: i) for promotional, commercial and advertising purposes of Sergio Rossi S.p.A. and its products; ii) for publishing on the Website and other Sergio Rossi S.p.A. accounts on social channels such as Facebook and/or Instagram as well as for using the Contributions in promotional and advertising materials relevant to Sergio Rossi and its products iii) for the time which is strictly necessary to carry out these purposes; iv) on hardcopies and/or IT systems.

The provision of data is optional and, in the absence of the User’s consent, the Authorized Contributions containing data will not be published by Sergio Rossi.

 

 

 

Information note pursuant to article 13, law decree 196/2003 relevant to the registration of users to the Website

 

Collector of data processing

 

The data collect is Sergio Rossi S.p.a. (hereinafter “Sergio Rossi” and/or “Collector”), with office at Via Stradone 600/602 47030 San Mauro Pascoli (FC), Italia.

 

Collection of personal data of the User

 

Most parts of the Website sections don’t need any logging in as the access and consulting don’t ask for the user’s identification. Despite this, some sections may require logging in. The provision of the User’s data through the website to Sergio Rossi might be necessary to achieve the purposes given in the information note but the data provision can be also free and optional. It is specified from time to time if it is compulsory to provide the data – with reference to the information required – when the data is collected. The refusal to communicate compulsory data makes it impossible to complete a purchase or use accessory services.

The provision of other data that is not marked as compulsory is optional and does not cause any consequence.

 

 

Parties responsible for data processing

 

In order to carry out the purposes of the Website, Sergio Rossi appointed other subjects besides the company itself. The User can contact the customer care department to get the list of these External Responsible Companies for processing data.

For the same purposes, Sergio Rossi and Diana, being the Collector and the External Responsible Party of data processing, appoint the following categories of subjects for processing data:  the staff in charge of the execution of orders, the administrative staff, the customer care offices, the marketing department (if the consent has been given) and other persons in charge of the supply of services reserved to the registered users.

 

Rights of the User

 

In accordance with article 7 of law decree 196/2003, the User may consult, modify, delete or refuse the processing of his/her personal details that are used for sending advertising materials or for commercial communications or for surveys by sending an email to the address customercare@sergiorossi.com.

 

Privacy Policy

 

For any information relevant to the processing of data, refer to this Privacy Policy published on this Website.