MODAMICA.IT - Privacy Policy

We wish to inform you that The EU Regulation 2016/679 (hereafter the regulation) and the respective Italian legislation provide some laws regarding the protection of individuals regarding the treatment of personal data and they protect the fundamental rights and freedom of individuals, and in particular the right to protect the personal data. Under art. 13 and 14 of the regulation, we inform you hereafter of the modes and purposes with which Gestimoda srl, as operator and owner of the treatment, will treat your personal data. We kindly ask you to reas carefully the present privacy policy before giving us your personal data or, when asked, before agreeing for their treatment. The following privacy policy is about the treatment of users’ personal data when they navigate on the website www.modamica.it and on the website www.modamica.eu (hereafter, the website) or for users that register on the website to make a purchase on the online store.
 
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1. Who is in charge of use of your personal data?

The owner of the treatment of your personal data is Gestimoda srl, , based in via Gian Battista Rubini 26, 24030, Valbrembo (BG), Italy, number of register and incorporation and Fiscal Code 02137600165, registered with the Chamber of Commerce of Bergamo under file number BG266459, share capital Euro 50.000.000 fully paid-in.

2. If I am a visitor of the website, which type of data are treated and for which purposes?

If you are a visitor of the website (registered or not), the following types of personal data will be treated for the following purposes:

Navigation Data: IT systems and software procedures in charge of the functioning of this website acquire, during their standard functioning, some personal data whose transmission is implicit in the use of internet communication protocols. These are information that are not gathered to be associated to identified interested parties, but as far as their nature itself they could allow to identify users through processing and associations of data kept by third parties. In this category of data there are IP addresses or the domain names of the computer used by users who connect to the website, the addresses in URI notation (Uniform resource identifier) of the requested resources, the time of the request, the method used to put the request to the server, the dimension of the file gained as answer, the numeric code indicating the state of the answer given by the server (successful conclusion, error, etc.) and others parameters relative to your operating system and your IT environment. Except for what is projected from paragraph 6 related to the use of cookies on the website, these data will be used with the sole purpose of getting anonymous statistical information on the use of the website and to check the correct functioning and they are deleted immediately after they’ve been processed. Data might be used for eventual assessment of responsibility in case of hypothetical IT crimes against the website. Navigation data are treated for our legitimate interest to guarantee the security of the website, to control the correct functioning get statistics about its use (art. 6, co. 1, let.f of the regulation).

Voluntary provided data:

  • in letters/emails/faxes deliberately sent to our customer care service: the optional, explicit and voluntary sending of your personal data to our email addresses or to our faxes published on the website entails the following acquisition of these data, necessary for answering to the requests sent by you relative to the website (art. 6, co.1, let.b) You are free to give us these information. However, the lack of their conferral can cause the impossibility to obtain what it is requested;
  • in occasion of the calls made to our customer care telephone number: when you contact the telephone number of our customer service we may treat the personal data that you willingly give to us during the telephone conversation or reasonably requested by us to answer to your request and give you what is necessary (art. 6, co. 1, let. b of the Regulation). You are free to give these data. However, the lack of their conferral can cause the impossibility to get what it is requested.


3. Which ara are treated if i sign up for the newsletter of the website?

On the website it is possible to sign up for the newsletter, even if you are not a registered user. We kindly ask you to consider that our newsletter has some commercial contents, with offers and promotions relative to our products or services or third companies’. So, by adding your email address in the newsletter field on the website and clicking OK, you give your consent to the treatment of your email address for marketing purposes (direct sales, advertising materials, market research, and marketing communication) and to be contacted by email for these purposes. In case of missed consent, the possibility to browse the website, to create an account on the website and to make purchases on the website won’t be compromised in any way nor you’ll be subjected to adverse consequences. You might in any freely and free of charges case withdraw your consent to the treatment of your email address for marketing purposes, by requesting it at the methods indicated following par.16. You might also revoke your consent to the treatment of your email address for marketing purposes by clicking on the opt-out link available in each promotional email.
 
4. If I am a registered user on the website or if I purchase an item on the website without being registered, for which purposes my personal data will be treated?

If you decide to register on the website or to make purchases on the website (even without being registered), your personal data will be treated:

  1. To execute a contract that you are part of and to pre-contractual measures adopted following your request (art. 6, co.1, let. B) of the regulation): we will treat your data to create an account on the website, to stipulate and to execute the terms of use of the website and to allow you to make purchases on the website, and also execute pre-contractual measures adopted following your request during the creation of your account or to provide you eventual technical assistance that you might need during or after the registration process on the website (art. 6, co. 1, let. b) of the regualtion). If you use the “fit predictor” app, which allows clients to find the correct size by adding their height, weight and age, we will treat these data to provide you the requested service;
  2. To execute the obligations under the law (art. 6, co. 1, let. c) of the regulation): we will treat your data to fulfil the obligations under the fiscal laws and the laws protecting consumers.
  3. In our legitimate interest to execute or defend a right in court or extra-court (art. 6., co. 1, let. f) of the regulation): we will treat your personal data to pursue our legitimate interest  to execute or defend our own right in court or out of court, even in case of failure to perform the general terms of use and sales or in case of violation of the law.

As specified in the following paragraphs 5 and 6, with your optional consent, we can treat your personal data also for marketing purposes and profiling.

5.    Will you treat my personal data for marketing purposes?

With your optional consent (artt. 130 del D.Lgs. 196/2003; art. 6, co. 1, let. a) of the regulation), which you can express by selecting the specific consent box on the website, we will treat your data for marketing purposes (direct selling, advertising material, market research, commercial communication, detection of the customer satisfaction level) and for sending by email, SMS/MMS and telephone with promotional information operators, offers and promotions relative to our products and services. In case of a lack of consent of the treatment of your personal data for marketing purposes, the possibility to browse on the website, to create an account on the website and to make purchases on the website won’t be in any way compromised nor you’ll suffer from any harmful consequences. You can in any case freely and free of charges revoke your consent to the treatment of your personal data for marketing purposes anytime, even in selective ways, (for example communicating your will to not receive any more email communications because you only want communication via other methods), making this request with the methods indicated after paragraph 16. In relation to the promotional communications sent via email, you may revoke your consent to the treatment of your email address for marketing purposes even by clicking the opt-out link available in each promotional email.
 
6. Will my data be treated also for profiling purposes?

With your optional consent (art. 6, co. 1, let. a) of the regulation) ,expressed by selecting the dedicated consent box available during the registration process, we will treat your data for profiling purposes, so as to send customised promotional communications based on (i) the products and services you purchased on the website during a 12 months period; (ii) the information you voluntarily gave us during the registration process (favourite designers, favourite colour; favourite style; size); (iii) the pages visited on the website and the items you visualised on the website. For example, if after logging in you viewed a sportswear item on our website or if in the past you have purchased a sport apparel item on our website, you may receive promotional communication relative to sport apparel similar to those you have viewed or purchased or other items of the same size of those you have viewed or purchased. The conferral of your personal data for profiling purposes during the registration process on the website is free and optional, and in case of a lack of conferral of these data or a lack of consent to the treatment of your personal data for profiling purposes, the possibility to register on the website and to make purchases won’t be in any way affected. As specified following paragraph 15, you may object any moment to the treatment of your personal data for profiling purposes, by making a request with the methods specified after paragraph 16.

7. Will you hold also the data regarding the method of payment used?

No, the information relative to the method of payment used, such as for example the number of your credit card, will be treated exclusively by our authorised gateway payment system or, in case of use of PayPal, from Paypal itself. Your payment information will be uniquely treated by our payment gateway system or by Paypal, in accordance with the privacy policy.

8. Do you use cookies or similar instruments on the website?

Yes, we use cookies on our website. We kindly ask you to inspect our Cookie Policy.

9. The conferral of our data is mandatory or optional?

The conferral of your personal data is optional but necessary because in case of a lack of conferral of them it won’t be possible to register on the website, create an account on the website or make purchases on the website.

10. With which methods my personal data will be treated and for how long will they be hold?

The treatment of your personal data will be made with automatic instruments and also non-automatic ones, following logics strictly correlated to the ultimate purposes and, anyway, to guarantee the safety and confidentiality of the data themselves.
If you have contacted us via email and/or using one of the forms available on the website to get information relative to the website and to the offered services, your data will be preserved for the time necessary to provide what you asked, except that a continued storage of the data is necessary to provide to comply with the law.
Your data collected during the registration process on the website will be stored until your account remains active, except that a continued storage of the data is necessary to provide to comply with the law. The data relative to the single items purchased on the website and to the order/bills confirmations, will be stored for a period of time of 10 years from the date of purchase or invoice, as asked by the applicable fiscal law.
In case you gave your consent for the treatment of your personal data for marketing purposes, your personal data will be stored until you will revoke your consent to the treatment of your personal data for marketing purposes or for some of the methods of contact, except that the storage of your data is necessary for other purposes.

11. Your data will be transferred outside the European Economic Area?

No, your personal data will be stored and treated exclusively inside the European Economic Area.

12. Who can become aware of my personal data?

Our employees and staff that take care of the management and maintenance of the website, of the evasion of the orders on the website, of the customer and potential customer assistance, as well as our employees and staff that manages our marketing campaigns, in case you gave your consent to the treatment of your personal data, can become aware of your personal data. Moreover, they may become aware of your personal data the following category of subjects who, as responsible of the treatment, provide us the services needed for the conduct of our activity: suppliers of IT services, suppliers of management services, suppliers of administration services, external professional figures and consultants, external accounting firms, payment gateways, third subjects that supply us advertising and marketing services.
 
13. Will the data be communicated to third parties?

Your data will be communicated to banks, payment firms and other payment intermediaries, as necessary to receive a payment from you or to assure you a payment. When it is requested by the law, your personal data relative to a purchase made on the website may be communicated to the IRS. Your data may be communicated to the judicial authority under the request of the latter in the cases provided by the law. Under no circumstances your data will be communicated to third parties for marketing purposes.

14. What are my rights?

You have the right to exercise at any moment, free of charges and with no formalities the following rights hereafter from art. 15 to 22 of the regulation: the right to ask the access to the personal data (or the right to get from us the confirmation there is in place a treatment of your data and, in this case, to get access to them by  getting a copy of them, and to other information from the art.15 of the regulation) and the adjustment (or the right to get the adjustment of incorrect data about yourself or the integration of incomplete data) or the cancellation of the same data ( the right to get the cancellation of your data, if there is one of the reasons indicated from art.17 of the regulation) or the limitation to the treatment of your own data (the right to get, in the cases indicated by the art.18 of the regulation, the marking of the stored data with the aim of limiting their future treatment), in addition to the data portability (the right, in the cases indicated by the art.20 of the regulation, to receive from us, in a structured form, commonly used and readable from an automatic device all the data about you, as well as transmitting these data to another owner of the data treatment with no obstacles). Moreover, you have the right to withdraw your consent any time you want. The withdrawal of your consent does not affect the legality of the treatment based on the consent before the withdrawal. We kindly remind you that you always have the chance to propose a recall to the European Data Protection Supervisor (www.garanteprivacy.it)  or to the specific authority of the member state in question where you live or work.

15. Does the regulation recognize my right to object to the treatment of my data?

Yes, you have the right to object at any moment, for reasons connected to your specific situations, to the treatment of your personal data that concerns you under art. 6, paragraph 1, letters e) or f) of the regulation, including the profiling of your data based on these dispositions. If your personal data are treated for direct marketing purposes, you have the right to object anytime to the treatment of your personal data done for these purposes, including the profiling as far as it is connected to this direct marketing.
 
16. How can I contact you and exercise my rights?

The request to exercise your rights, as indicated above, may be presented via mail to the address “Gestimoda srl Via Gian Battista Rubini 26, 24030, Valbrembo (BG) Italy – to the attention of Orfeo Lumina or via email to the address customercare@modamica.it.