Under the terms and for the purposes of decree Leg. D. no. 196/2003 - Data Protection Act, this Privacy Information describes the methods and aims of management of the data provided by users of the corporate website www.moleskine.com (hereinafter referred to as the "website"), also through the filling out of forms with or without the help our officers. This Information is published under the terms of art. 13 of the Data Protection Act, and in consideration of Recommendation no. 2/2001 (relating to the minimum requirements for on-line data collection in the European Union, adopted on 17th May by the EC-Group for personal protection relating to personal data processing) and applies to all those who access the website. Everything set out in this Privacy Information, unless otherwise stated, refers solely to the website. The Site Managers and the content Authors are not liable for the contents of third-party websites directly or indirectly connected through links from the website.
1. THE "DATA CONTROLLER" OF THE PROCESSING, in the terms of Section 28 of Legislative Decree 196/03, of 30 June 2003, containing the Personal Data Protection Code (the "DP Code") is Moleskine SpA, of Viale Stelvio 66, 20159 Milan, in the person of its acting legal representative.
THE DATA PROCESSOR, in the terms of Section 29 of the DP Code, in charge of the processing, is the Head of the Digital Business Office.
2.TYPES OF DATA PROCESSED
Personal and identifying data
Personal Data: any information about a natural person identified or identifiable, indirectly or otherwise, by reference to any other information, including a personal identification number; Identifying Data: Personal Data which allow direct identification of the Data Subject (for example first name, surname, date of birth, postal address, e-mail address, telephone number etc).
In ordinary operation, the computer systems and software procedures set up to operate this website obtain some Personal Data, transmission of which is inherent in the use of the Internet communication protocols. This information is not gathered for linking to identified Data Subjects, but could, by nature, identify the Users via processing and linking with data held by third parties. This category of data includes IP addresses or domain names of computers used by Users who visit the website, addresses (in URI - Uniform Address Identifier - notation) of requested resources, time of request, method used to submit the request to the server, size of file obtained in response, digital code indicating status of reply given by the server (successful, error etc.) and other parameters relating to the user's operating system and computer environment.
The User's Personal Data may be used in the Application Controller's defence in court, or in preliminaries to the possible institution of legal proceedings, against misuse of the Application, or of its connected services, by the User. The User's Personal Data may be used to establish responsibility in case of any information technology offences detrimental to the website.
Maintenance. The User's Personal Data may be processed by additional means and for additional purposes relating to maintenance.
Data voluntarily supplied by the User
The optional, explicit and voluntary sending of e-mail to the addresses shown at this website and/or the completion of data collection forms entail the subsequent acquisition of the sender's address, which is necessary to answer the requests, and of any other Personal Data entered therein.
Specific Information Notices
Specific Information Notices may be presented on the website pages in relation to particular services or processing of Data supplied by the User or by the Data Subject.
The software applications used may contain cookie technology. The main function of cookies is to aid navigation by the User. Cookies may supply information about navigation within the website and allow the operation of certain services requiring identification of the User's footprint across various pages of the website. For any access to the portal, regardless of the presence of a cookie, the type of browser (e.g. Internet Explorer, Netscape), operating system (e.g. Macintosh, Windows) and host and the visitor's URL of origin are recorded, in addition to the data on the requested page. Users in any case have the option of setting their browsers to inform them when they receive a cookie and thus of deciding whether to delete it. Further information on cookies can be found at the websites of the browser providers.
Types of cookie
Cookies are subdivided into "session" and "persistent" cookies. "Session" cookies, once downloaded, are deleted on closure of the browser. "Persistent" cookies, on the other hand, are stored on the user's/visitor's hard disk until expiry.
First-party cookies are only legible on the domain which created them. Third-party cookies are created and legible by domains external to the present website. The software used for each website and platform creates a cookie for each user. This cookie generates statistics about use, e.g. via Google Analytics, which are held at Google, Inc.
For the functioning of the cookies in Google Analytics, please see the official documentation supplied by Google at the following URL: http://code.google.com/apis/analytics/docs/concepts/gaConceptsCookies.html
3. DATA PROCESSED AND PURPOSE OF THE PROCESSING
4. Methods of processing and retention
Parties specifically appointed for the purpose, in the terms of the DP Code Sections 31 onwards, will carry out the processing automatically and manually, by means and instruments designed to guarantee maximum security and confidentiality. The data will be retained for a period no longer than that of the purposes for which they are gathered and subsequently processed.
5. Scope of disclosure and distribution
Your data, undergoing processing, may be passed to companies which have contractual relations with Moleskine SpA in the European Union, in accordance with, and within the limits of, Section 42 of the DP Code, in order to perform the contracts or fulfil related purposes. The data may be disclosed to third parties belonging to the following categories:
- providers of services for the management of the computer system used by Moleskine SpA and of telecommunications networks (including e-mail);
- partnerships or companies offering relations in the fields of support and consultancy;
- authorities competent for compliance with statutory obligations and/or with arrangements of public bodies, on request; and
- IT Net S.p.A., with head office at Via Cesare Giulio Viola 48, 00148 Rome, Italy.
The third parties in the above categories function as Data Processors or act in total autonomy, as separate Data Controllers. The constantly updated list of Data Processors is available at Moleskine SpA head office, Viale Stelvio 66, 20159 Milan. Any further disclosure or distribution will take place only with your explicit consent.
Personal Data disclosed by users will be processed by Moleskine SpA or by third parties, in Italy, Europe or outside Europe. Personal Data entered on the application for contact with a foreign distributor constitute an exception, and are automatically transferred to the distributor in question, in its country of establishment.
Some data and information, supplied by the artists of Moleskine Artist Marketplace, will be made known to Marketplace users in combination with the artist's own nickname, by publication at and, therefore, distribution through, the website. Such data and information will include the artist's photographic image, biographical notes, Facebook and/or Twitter account, e-mail address and all information describing his/her creations offered for sale.
6. Nature of supply and refusal
Save as specified for navigation data, the supply of Personal Data by the User is optional.
On registration at any section of the website, the User is requested to view the Information Notice given under the DP Code and to confirm his/her consent to processing of the data supplied on that occasion, for the purposes described from time to time. Such consent must be deemed mandatory in order to complete the User's registration at the website and allow use of the services requested. With regard to the sending of promotional and/or information material about Moleskine's activities and products, on the other hand, such consent is always optional.
7. RIGHTS OF DATA SUBJECTS
You can assert your rights as stated in Sections 7, 8, 9 and 10 of the DP Code by applying to the Data Controller or Processor, by contacting our head office, or by e-mailing email@example.com You are entitled to obtain confirmation, at any time, whether data exist and to know their content and origin, check their accuracy or request supplementation, updating or correction (Section 7 of the DP Code). For the purposes of that Section, you are entitled to request erasure, conversion to anonymous form or blocking of data processed in breach of the law, and to oppose the processing thereof in any case, for good cause.
If you do contact the Data Controller, please supply your e-mail address, name, address and/or telephone numbers, to allow correct handling of your request.
Users' rights can be exercised by sending a written request to Moleskine SpA, Viale Stelvio 66, 20159 Milan (Italy). To stop receiving direct marketing communications at any time, all you have to do is write an e-mail to firstname.lastname@example.org with "marketing cancellation" as the heading, and you will not be inconvenienced further.
8. Changes to the Privacy Information Notice
The Data Controller reserves the right to amend, update, supplement or remove parts of the present Privacy Information Notice at its sole discretion at any time. The Data Subject must check periodically for any amendments. To facilitate such checking, the Information Notice will contain the date of updating of the Information Notice. Use of the website after publication of the changes will constitute acceptance of these.
9. FACEBOOK, SOCIAL PLUG-INS AND OTHER SOCIAL NETWORKS
Our web pages and apps may contain plug-ins of social networks (e.g. Facebook, Twitter, Google+, Pinterest, etc). If you access one of our web pages equipped with such a plug-in, the Internet browser will connect directly to the social network's servers and the plug-in will be displayed on your screen via the connection with the browser. If Data Subjects using social networks visit our web pages while connected to their own social account, their Personal Data may be linked to the social account. Even if the plug-in functions are being used, the information will be linked to the social account. Further information on data gathering and use by social networks in general, and on the rights and conditions available to protect the Data Subject's privacy in that context, appears on the data protection pages of the social network on which the account is held. If the Data Subject does not wish the visit to our web pages to be linked to his/her social account, he/she must log off the social network before visiting them.
Details of Personal Data processing and third-party services
Personal Data are gathered for the following purposes, by using the following services: interaction with social networks and external platforms. These services allow interaction with social networks or other external platforms. The interactions and the information obtained are in any case subject to the User's privacy settings relating to all social networks. If a service is installed which interacts with social networks it is possible that the service may gather traffic data relating to the pages on which it is installed, even if the Users are not using the service.
Any translation of this document into a language other than Italian is provided for information purposes only. In the event of discrepancies, the only legally valid and binding version regulating use of the website is the Italian version of this document.
Date updated: 8.1.2014
The Data Controller is: Moleskine SpA, Viale Stelvio 66, 20159 Milan, in the person of its acting legal representative.
The Data Processor is the Head of the Digital Business Office.
Users are forbidden from acquiring multiple access credentials.
Personalised products: legality and protection of copyright
By offering personalised Moleskine notebooks for sale, the Artist accepts full liability in respect of the legality of the contents and the legitimacy of their creation, publishing and sale. In particular, it is forbidden to present and sell notebooks personalised using images, drawings, logos or text that breach prevailing laws or that are contrary to morality or offend public decency.
Furthermore, the Artist declares and guarantees that his/her notebooks, and any photographs and/or videos depicting them, as uploaded to the Site, are the result of his/her own original creative work and therefore that they do not constitute plagiarism of the works of others, including partial plagiarism. In particular, the Author guarantees that neither the product itself nor any photographs or videos in which it is depicted constitutes plagiarism or breach of copyright, trademarks, ornamental designs or patents of third parties. .
Similarly, the Artist declares and guarantees that the procedures for the personalisation of the notebooks offered for sale in the Moleskine Artist Marketplace do not infringe any intellectual property rights or any exclusive third party rights, including image rights and personality rights, for which in any case he has received full and unlimited authorisation from any holders.
The Artist therefore undertakes to indemnify and hold Moleskine harmless from any prejudicial consequence or third party claim that may arise as a result of any inaccuracies in declarations s/he may have made concerning the above.
Moleskine shall not conduct any moderation or prior verification with regard to the quality of the products offered for sale through the Moleskine Artist Marketplace and the contents thereof. However, it reserves the right at any time to remove images or videos uploaded to the site, of its own accord or at the request of third parties, or from Judicial Authorities, in the event of disputes relating to the legality or legitimacy of their publication.
As a consequence of the Upload to the Site of the image or video depicting the products offered for sale (the "Upload"), the Artist, as holder of the rights of publication, diffusion, economic exploitation and possibly copyright over the products created, shall grant Moleskine, absolutely free of charge, without territorial or time limits, the exercise of all rights relating to the publication of the Upload in any way or form, for the reproduction, execution and diffusion or broadcasting of the Upload, through any means and on any support, the representation in public, provision to the public in any way and form, exhibition and exposure of the Upload and the use of the Upload in the context of advertising promotions. The assignment is governed by Italian Copyright Law (Law no. 633/1941).
Presentation of the Artist and the Works
In presenting him/herself and the works s/he offers for sale, the Artist undertakes to provide truthful information, not to abuse the good faith of others through ploys or deception that could mislead the Customer or result in his/her making undesired purchases, and to provide clear and unambiguous descriptions of the conditions of sale, dispatch, price and payment and anything else necessary to inform the Customer's purchase decisions.
The Artist also undertakes not to use offensive or defamatory expressions, incitements to racial or religious hatred, and, in any case, terms that could offend public decency or morals.
Furthermore, Moleskine shall exercise no prior control over the contents of the Artist's declarations, and therefore rejects any liability in this regard. However, should any contents be found to breach laws or the above rules, Moleskine reserves the right to remove them immediately.
Means of Payment for transactions between Artists and Customers
The payment method that may currently be used is the PayPal service.
PayPal, a company from the eBay group, is a fast payment system. Once the respective option has been chosen, the Customer is redirected to the PayPal site, where s/he may access his/her own account by entering his/her email address and password. By choosing to pay with PayPal, the amount is debited directly from the Customer's credit card or prepaid card. PayPal protects the buyer's information as no financial information is transmitted. A confirmation email is sent out by PayPal for each transaction conducted in this way.
Fees for use of the Service
Artists are not charged any fee for joining the Moleskine Artist Marketplace and opening a sales area.
Moleskine applies a commission as a percentage on transactions between Artists and Customers as the fee for intermediation activities conducted through the website. This percentage is indicated in the Sales Fee Schedule prevailing at the time of the publication of the product on the Site.
Payments owed by the Artist to Moleskine shall be invoiced by the latter within ten days of the end of each month based on the data relating to transactions made during the month in question as determined from the Site or established by the bodies responsible for managing payments.
Where possible, payment of fees owed to Moleskine shall be settled directly by the companies and/or bodies managing the payment system chosen by the Customer, at the request of the Artist.
When not paid in advance through direct payment from such companies/bodies, payments owed to Moleskine shall be settled by the Artist within seven days of dispatch of the invoice by email, following the enclosed instructions.
The Artist grants Moleskine the unconditional and irrevocable right to access the data and information concerning financial transactions made through credit card, debit card and pre-paid card companies, payment services such as PayPal and other banking or financial services in order to verify the accuracy of any data provided by the Artist. The Artist henceforth authorises the aforementioned bodies and companies to provide Moleskine with all data necessary for completing any checks deemed necessary, and shall bear all associated costs in the event any irregularities should be established on his/her part .
Moleskine guarantees its own compliance with the tax laws in force in the Republic of Italy, with regard to invoicing and the collection of fees owed by the Artist in return for services provided. The Artist, in turn, shall bear sole responsibility for the laws applicable to the financial transaction between himself and the Customer, and shall indemnify Moleskine and hold it harmless from any charge that may be attributed in this regard.
Exclusion of liability
Considering the role performed by Moleskine within the scope of the financial transactions completed between Artists and Customers, Moleskine, its associated companies and its own suppliers of technological services shall be released from any liability associated with the correct fulfilment of the obligations undertaken by them or attributed to them by prevailing laws, with the sole exception of intentional wrongdoing or gross negligence attributable to Moleskine itself.
In any event, Moleskine's financial liability in respect of the Artist may not exceed the amount of the fees paid by the Artist to Moleskine over the course of the calendar year prior to the fact that gave rise to the latter's liability.
Any dispute that may arise between Moleskine, the Artist and/or the Customer with regard to the provision of the services described above shall be submitted to Italian law and the sole jurisdiction of the Courts of Milan.
Milan, 7th March 2011