1.1 Terms of Service: general terms and conditions of the Services offered by D.E.M srl on the Website accessible to this link https://shop.eu.deuscustoms.com/3766429/policies/1279981.html.
1.2 Cookies: are text files (letters and/or numbers) that contain small amount of information which are stored by the browser in the User's computer or mobile device when the User visits a website. At the Users’ subsequent visits the browser re-transmits cookies to the website that originated them. Cookies can be stored only for the amount of time needed to use a specific website (i.e. session cookies) or for a longer period of time independently from the session (i.e. persistent cookies).
1.3 Personal Data: any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.5 Processing: any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.6 Products: clothes and accessories marked with the trademarks “Deus” and “Deus ex Machina” sold by DEM Srl on the Website.
1.7 Profiling: any form of automated Processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to the Users.
1.8 Purchase Services: the management of the purchase order of the Products, shipping of the Products, management and verification of the payments and any further service strictly related to the purchase of the Products.
1.9 Regulation: Regulation (UE) 2016/679 of 27 April 2016.
1.10 Users: Website users.
1.11 Website: this website.
Any User’s request related to the Processing carried out by D.E.M. concerning the Personal Data (also in relation to the exercise of the rights according to section 9 below) shall be addressed to D.E.M. by mail service at the registered office, or by e-mail to the following address email@example.com.
3. Processing purposes and legal basis
a) Surfing on the Website: consent;
b) Registration on the Website: consent;
c) Reservation of the Product: legitimate interest;
d) Purchase of the Products and access to the Purchase Services: Terms of Services;
e) Promotional communication, even though Profiling: consent;
f) Enhancing of the Website and of the Purchase Services: legitimate interest
D.E.M. collects and processes Users’ Personal Data for the following purposes:
➢ The collection of Personal Data for the purpose indicated in the above letter a) is regulated in the Cookies policy provided for in following sections 10 and 11. D.E.M. recommends to Users to read the Cookies policy.
b) Registration on the Website and creation of a personal account by the User.
c) Informing the User about a Product selected on the Website and reserved in his/her shopping cart.
d) Purchasing the Products and accessing the Purchase Services offered by D.E.M..
➢ The collection of Personal Data for the purpose indicated in letter c) above is necessary for purchasing the Products and using the Purchase Services and refusing such collection will impede the User to purchase the Products and/or use the Purchase Services. The legal basis of this Processing is the Terms of Service accepted by the User before purchasing the Products.
e) Sending information or advertising regarding the Products or promotional initiatives organized by D.E.M. also through Profiling.
f) Carry on statistical research and market surveys, enhancing the presentation of the Products, the performance of the Purchase Services and the use of the Website. In order to achieve this purpose, D.E.M. uses anonymous data of the Users (i.e. data that do not identify the Users or make them identifiable).
4. Means of data collection
a) Personal Data entered on this Website by the Users;
b) Personal Data provided by the User offline;
c) Personal Data automatically collected by this Website (by means of Cookies)
D.E.M. collects Personal Data with the following procedures:
a) Personal Data entered on the Website by the Users: these are Personal Data submitted by the Users, by way of example and not limited to, in order to register to the Website, to purchase the Products and to access the Purchase Services;
b) Personal Data provided by the User offline: these are Personal data provided by the Users, by way of example, to the customer care service of D.E.M.;
c) Personal Data automatically collected by the Website: these are Personal Data collected by the Website by means, but not only, of Cookies (for further information, we recommend reading the Cookies Policy at sections 10 and 11 below).
5. Possible categories of recipients of Personal Data
Employees, collaborators, third-party providers of IT, technical or commercial services, consultant, companies of the group of which D.E.M. belongs to.
Personal Data are processed by D.E.M. and/or by third parties, selected on the basis of their reliability and competence, and to which the Personal Data can be disclosed in so far as it is necessary or advisable, as long as located within the European Union. In particular, D.E.M. informs the Users that Personal Data can be processed by, an/or communicated to:
a) employees and/or agents of D.E.M.;
b) third party that provide services necessary to ensure the operation of the Website (for example, companies involved in the hosting services);
c) third party that provide services necessary for trading the Products and performing Purchase Services (for example, shipping couriers and gateway of payment);
d) third party that provide consultancy services (for example, tax advisors);
e) third parties that provide analysis services regarding the navigation data of the Website;
f) subject to voluntary consent, third parties that provide automatic services for sending out newsletter and/or any other type of commercial communication, marketing services, advertising, consumption habits and choices analysis, Profiling;
g) other companies belonging to D.E.M.’s group of companies.
6. Personal Data retention period
a) Cookies: see Cookies information;
b) Personal Data for the account: 36 months since the last purchase of a Product;
c) Personal Data of the shopping cart: 24 hours;
d) Personal Data for purchasing the Products: 26 months since the purchase of the Product;
e) Personal Data for promotional purposes: 36 months since the last interaction by the User.
Personal Data are stored by D.E.M. for the time strictly necessary for achieving the purposes for which the Personal Data are collected, as indicated at section 3 above. In particular, without prejudice to the right to withdrawal of consent as described in section 9 lett. a) below or to the right to object to the Processing as described in section 9 lett. f) below, D.E.M. holds Personal Data for the following retention period:
a) Cookies: for the purpose indicated in the previous section 3 letter a) it is recommended to read the Cookies Policy at following sections 10 and 11;
b) Personal Data collected for the creation of a personal account on the Website: for the purpose indicated at previous section 3 letter b), the retention period is equal to 36 months since the date of the last purchase of a Product on the Website;
c) Personal Data collected for the information regarding the shopping cart: for the purpose indicated at previous section 3 letter c), the retention period is equal to 24 hours days since the date of the selection and reservation of the Product by the User;
d) Personal Data collected for the purchasing of the Products and the access to the Purchase Services: for the purpose indicated at previous section 3 letter d), the retention period is equal to 26 months from the date of the purchase of the Products, except for the retention period indicated at following letter f);
e) Personal data for promotional information: for the purpose indicated at previous section 3 letter e), the retention period is equal to 36 months from the last interaction with the User (e.g. collection of the consent, purchase of a Product, access or click in the promotional e-mail, participation to a promotional initiative organized by D.E.M.).
f) In any case, D.E.M. is authorized to retain all or part of Personal Data for the maximum period of 10 years since their collection, only to the extent the information is required to fulfil legal obligations and for the possible assessment, exercise and defense, by D.E.M., of its right before judicial authorities.
Once these retention periods have expired, D.E.M. will carry out the automatic erasure of Personal Data collected, otherwise it will transform them into anonymous form irreversibly.
Automated Processing of Users’ Personal Data for evaluative and/or predictive purposes.
Profiling performed by D.E.M. is characterized by the following features:
a) context: D.E.M. is in charge of the e-store hosted on the Website aimed to the sale of the Products;
b) object: Profiling is limited to the Users’ Personal Data collected on the Website, that may reveal life or consumer tastes, preferences and habits (e.g. the last purchase of a Product by the User);
c) purpose: to improve the effectiveness of the Products’ promotional service carried on by D.E.M.;
d) Processing logic: Users profiles are defined on a statistical basis through analysis and elaboration of Personal Data of all Users and the creation of homogenous categories of Users;
e) effects on Users: receipt of commercial communications in line with Users’ preferences shown by surfing the Website, on a weekly basis. In particular, D.E.M.’s Profiling: i) the Users’ wishes involved in the Processing are only their preference of the Products; ii) the Personal Data processed are limited and appropriate to the purposes of the Processing; iii) in no way, the Profiling compromises Users’ conduct and purchasing decisions or denies the access to more favorable economic terms and condition to purchase the Products; and iv) taking into consideration the category of the Products, D.E.M. does not collect information about potential “vulnerabilities” of the User, in order to force the purchase of a Product.
8. Possible transfer of Personal Data extra EU
a) In accordance with artt. 44 ss. of the Regulation, to the company DEUS EX MACHINA MOTOR CYCLES PTY LTD, with registered office in Australia, Level 1, 98-104 Parramatta Road, 2050 Camperdown, New South Wales, parent company of D.E.M., by virtue of appropriate guarantees to assure the protection of Personal Data. More information regarding said appropriate guarantees may be requested to D.E.M.;
b) In accordance with artt. 44 ss. of the Regulation, to the company Campaign Monitor Pty Ltd, with registered office in Australia, Level 38, 201 Elizabeth Street, Sydney NSW 2000, by virtue of appropriate guarantees to assure the protection of Personal Data. More information regarding said appropriate guarantees may be requested to D.E.M.;
c) In accordance with artt. 45 ss. of the Regulation, to the following companies with registered office established in USA, in so far as they are part of the Privacy Shield List (namely, the list that indicates the American companies that guarantee appropriate levels of protection of Data, in compliance with the European principles on Processing), published and updated with reference to the European Commission Decision No. 2016/1250 on adequacy of Data protection: i) The Rocket Science Group LLC (i.e. MailChimp); ii) Shopify Inc.; iii) Google Inc.; iv) Facebook Inc.; v) Oracle NetSuite Corporate.
9. User’s rights
Withdrawal of consent, access to Personal Data, rectification or integration of Personal Data, erasure of Personal Data, restriction of Processing, Personal Data portability, object to the Processing, data breach, filing a complaint with the competent supervisory authority.
a) with reference to the Processing at above section 3 letters b) and e), withdraw his or her consent at any time, and the withdrawal of consent shall not affect the lawfulness of the previous Processing (cf. Regulation art. 7);
b) obtain access to Personal Data and to the information on the Processing and any possible copies in electronic form, unless otherwise specifically requested by the User (cf. Regulation art. 15);
c) ask the rectification and/or integration of Personal Data, without undue delay (cf. Regulation art. 16);
d) where specific grounds apply (for example unlawful data process, withdraw of consent, absence of purposes for Processing), ask the erasure of Personal Data, without undue delay (cf. Regulation art. 17);
e) where specific circumstances apply (for example the inaccuracy of Personal Data, Processing is unlawful, exercise of legal claims), ask the restriction of the Processing (Regulation art. 18);
f) with reference to the Processing at section 3 letters b), d) and e), in case of Processing through automated means, receive Personal Data in a readable format, with the purpose of transmitting those data to a third party, or where technically feasible, ask D.E.M. the direct transmission of Personal Data from D.E.M. to such third party (so-called right to Personal Data portability - cf. Regulation art. 20);
g) with regard to the Processing indicated at section 3 letters c) an f) (unless in case of use of anonymous data), object at any time to the Processing of Personal Data (cf. Regulation art. 21);
h) be informed by D.E.M. without undue delay of possible Personal Data breach or unauthorized access by third parties (c.d. data breach - cf. Regulation art. 34);
i) filing a complaint with a supervisory authority, in the EU Member State of his or her habitual residence, place of work or place of the alleged infringement (cf. Regulation art. 77);
10. Type of Cookies
1. Technical cookies, necessary and functional for browsing the Site
a) Purposes: these cookies are essential to make the Site working properly, allowing the User to navigate through and use its essential features. These cookies do not collect information on Users that could be used for marketing purposes. Technical cookies are useful for, inter alia: (i) recording the data provided by the User during a browsing session; (ii) remembering the settings chosen and the login details of the User while browsing the Site; (iii) displaying contents in the language chosen for each access, recognizing from which country the User is connected (and remembering this setting in future accesses). Acceptance of these cookies is a necessary condition for the proper use of the Website, and their denial may prevent or severely impair the ability to browse the Website.
b) Collected data: information related to the browsing.
c) Term: session cookie.
Cookies functional for browsing:
a) Purposes: these cookies allow a significantly more comfortable use of the Website while browsing. These cookies remember the login details of the User, avoiding the data entry for each new session of browsing. These Cookies are not essential for browsing the Website, but they make easier and faster its use.
b) Collected data: information related to the navigation and concerning the User’s preferences showed while browsing the Website.
c) Term: session and permanent cookies.
2. Third party’s analytics cookies
Google Analytics cookies
a) Purposes: these cookies are provided by Google Inc. to monitor, in an anonymous and aggregated manner, statistical analysis of the surfing of the Users on the Website, in order to adapt and improve the Website on the basis of such analysis outcomes, in compliance with the interests shown by the same Users.
b) Collected data: information related to the device and the browsing session of the User on the Website, which never allow D.E.M. to autonomously identify the Personal Data of the Users, such as: (i) the domain name from which the User accesses the Internet; (ii) the address of the website from which the User is connected to the Website, if available; (iii) the date and time of connection to the Webdite, how long the session lasted and which pages were visited; (iv) portion of the Internet protocol address (IP) of the User; (v) the User’s device operating system and the browser used by the User; (vi) the aggregated demographic details of Users who access the Site.
c) Term: session cookie.
For further information about Google Analytics cookies, the User may access to the following web page: https://tools.google.com/dlpage/gaoptout.
3. Profiling cookies
a) Nature: third parties’ profiling cookies.
b) Purposes: D.E.M. uses profiling cookies in order to improve Users’ costumer experience, through the delivery of contents based on interests and personal behaviours, and through marketing communications precisely referred to Products which are in compliance with the User’s interests.
c) Collected data: information related to the device and the browsing session of the User on the Website, to create a “navigation profile” of the User, based on the contents researched and the most visited sections of the Website.
d) Term: permanent and session cookies.
For further information about D.E.M. profiling cookies, the User may access to the following web page: Adroll Group https://www.adrollgroup.com/privacy.
4. Social media cookies
a) Nature: third parties’ profiling cookies.
b) Purposes: D.E.M. uses services provided by the main social media platforms in order to allow the instant sharing of contents of the Site or interact with some sections of the Website. Some of the third parties listed below may have set cookies for identifying the User or operating behavioural retargeting, which allows the User to access to advertising contents based on its interests and behaviour, which have been previously recorded, even outside of the Website.
c) Data collected: information related to the navigation and concerning the User’s preferences shown while browsing the Website.
d) Term: session and permanent cookies.
For further information about Social media cookies, and to deny the consent to their use, the User may access to the following web pages:
i) Facebook Inc. https://www.facebook.com/policies/cookies/;
ii) Vimeo, Inc. https://vimeo.com/cookie_policy?vcid=32179;
iii) Instagram Inc. https://help.instagram.com/1896641480634370?ref=ig;
iv) Twitter Inc. https://help.twitter.com/it/rules-and-policies/twitter-cookies.
11. Consent and denial to the Cookies
Implicit consent, banner, access to the browsers’ setting panel, Your Online Choices service
The User may give his/her consent to the use of the Cookies described in the previous section 10, through the instruction indicated in the banner shown on the Website.
However, D.E.M. informs that in case technical Cookies described in previous section 10.1 are disabled, the proper ability to browse the Website may be prevented or severely impaired. Therefore, in order to better use D.E.M.’s services available through the Website, the User is strongly recommended to not disable the technical Cookies.
Save for the above, with reference to all the Cookies on the Website, the User may amend their settings, pursuant to the procedures to this end provided through the setting panel of the browser used, such as, for example:
• Chrome: https://support.google.com/chrome/answer/95647?hl=it-IT&hlrm=fr&hlrm=en
• Firefox: https://support.mozilla.org/it/kb/Attivare%20e%20disattivare%20i%20cookie
• Internet Explorer: https://support.microsoft.com/en-us/products/windows?os=windows-7
• Safari: https://support.apple.com/kb/PH19255?locale=it_IT
Moreover, with specific reference to profiling and advertising Cookies, save for the faculty to use the instruments provided by the browser to enable or disable the single cookies, D.E.M. informs the User that the website www.youronlinechoices.com lists the main providers whose services allow websites’ editors to collect and use information referred to the correct use of behavioural advertising. The User may disable or enable all the companies or, alternatively, set his/her preferences for each single company. To this end, the User may access to the instrument available at the web page
www.youronlinechoices.com/it/le-tue-scelte in order to monitor every preference on the behavioural advertising given while browsing the Internet.