Your privacy is of utmost importance to Diesel. Just as enthusiasts meticulously search for the perfect Vintage Ford Gold Oval Service Uniform Parts Patch to complete a collection, we at Diesel are equally meticulous in protecting your personal information. This information notice is designed to provide you with a complete and transparent understanding of how the companies listed below process your personal data. This data is provided by you and/or collected during your interactions with us, which may include:
- Visiting our stores
- Contacting our Customer Service
- Visiting the website shop.diesel.com (the “Site”) and/or other websites associated with the brand
- Interacting with our social media pages (e.g., Facebook, Twitter, Instagram, TikTok, WeChat, Tmall, etc.)
When we collect your personal data, we distinguish between active and passive users based on your engagement with our Site and services.
You are considered an active user (“User”) when you:
- Register an account
- Subscribe to our newsletter on our website
- Visit a Diesel store
- Download and utilize our applications
- Participate in prize contests
- Use in-store Wi-Fi systems
- Engage with us on social networks
You are considered a passive user (“Passive User”) when you browse our websites and applications without registering.
1. WHO COLLECTS YOUR PERSONAL DATA?
The entities responsible for collecting and processing your personal data, acting as autonomous data controllers (referred to as “Data Controllers” or the “Companies”) or joint controllers, are:
- OTB S.p.A. (“OTB”), registered in Italy, Breganze (Vi), Via dell’Industria 2, 36042, telephone +390445306555, email [email protected]; OTB’s Data Protection Officer (“DPO”) can be reached at [email protected].
- Diesel S.p.A. (“Diesel HQs”), registered in Italy, Breganze (Vi), Via dell’Industria 4-6, 36042, telephone +390424477555, email [email protected]; the Diesel Data Protection Officer (“DPO”) can be reached at [email protected].
- Diesel USA Inc. (“Diesel”), registered at 220 West 19th Street, New York, NY 10011, telephone 2127559200, email [email protected].
OTB (the parent company of Diesel Spa and Diesel Inc.) and Diesel HQs function as joint controllers for certain activities, collaboratively making decisions regarding the purposes and methods of personal data processing. Hereafter, “Joint Controllers” refers to Diesel HQs and OTB when they process data jointly.
This document is designed to clarify the processing activities conducted independently by each company, as well as those carried out by them as Controllers or Joint Controllers, to enhance your understanding.
By using our Site or visiting our stores, you acknowledge and agree to be legally bound by this Privacy Statement and our Terms and Conditions. This Privacy Statement is integrated into our Terms and Conditions, accessible at shop.diesel.com/cms/legal/terms.html.
Please be aware that this Privacy Statement includes an arbitration provision, which mandates that any claims against us must be resolved through individual arbitration. INDIVIDUAL ARBITRATION IMPLIES THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY TRIAL FOR ANY CLAIMS AND FORGO THE ABILITY TO PARTICIPATE IN CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTIONS.
2. WHAT PERSONAL DATA WE PROCESS
Each Company collects different categories of personal data based on the specific purpose of processing.
Below, we outline the categories of Personal Data collected, and in the subsequent section, we will detail the purposes for which each category is processed by each Data Controller or Joint Controller, as applicable. “Personal Data” encompasses information that identifies, relates to, describes, can be associated with, or could reasonably be linked, directly or indirectly, to an individual, device, or household.
- Identifiers/Contact Data/Biographical Data: This may include name, date of birth, address, online identifier or username, Internet Protocol address, email address, telephone number, or account name. This data is collected directly from you or indirectly (e.g., through your actions on the Site). It is used to fulfill your requests, contact you regarding our Site, respond to inquiries, improve products and services, manage loyalty programs, provide prizes, conduct marketing, or process orders. For instance, when you create an account, you provide your name, email address, and other identifying details. This information is disclosed to internet service providers, administrative service providers, and payment processors for business purposes.
- Personal Data Categories in Customer Records/Sales Data: This may include name, address, telephone number, bank account number, credit card number, debit card number, passport number, tax code, or other payment and financial details for billing. This information is sourced directly from you and used to fulfill your requests, contact you about our Site, respond to inquiries, or process orders. For example, payment information is necessary when you purchase products or services. This data is shared with internet service providers, administrative service providers, and payment processors for business operations.
- Characteristics of Protected Classifications: This includes age or gender, collected directly from you. This information is used to fulfill your requests or to provide relevant services and advertising. We do not share this information with third parties.
- Commercial Information/Purchase Data: This may include records of products or services purchased, obtained, or considered, such as details on purchased items (e.g., size, price, discount, model, collection, calculated spending level, abandoned cart items, etc.) and purchasing or consuming history. This data is collected directly from you and used to fulfill your requests, contact you about our Site, for marketing, and to respond to inquiries or process orders. Purchase history is maintained to track your purchases. This information is disclosed to internet service providers, administrative service providers, and payment processors for business purposes.
- Professional or Employment-Related Information: This may include employment history or professional certifications, collected directly from you for processing employment applications. For example, when applying for a job, we request your employment history. This data is disclosed to service providers such as background check providers and human resource administrative service providers for business purposes.
- Education Information: This includes level of education completed, sourced directly from you and used to process employment applications. We do not disclose this information to third parties.
- Loyalty Data: This is data collected as part of the “House of Diesel” loyalty program (refer to the Regulation available via link), based on your brand engagement (e.g., social media interactions like “likes,” “comments,” “shares,” “saves,” “follows,” photo sharing on community platforms, creating Wishlists and e-store avatars, etc.).
- Internet, Technical, or Similar Network Activity/Navigation Data: This may include usage and browsing history, device information (properties), network connection information (e.g., time zone), search history, interaction with our Site, newsletters, or links, and error logs. This data is sourced directly or indirectly (e.g., observing your actions on our Site) and used to fulfill your requests or improve our Site. It is disclosed to administrative service providers, data analytics providers, and internet service providers for business purposes. Refer to paragraph 4 and our Cookie Policy at http://diesel.com/shop/content/cookiepolicy for detailed information on data types, usage, and opt-out options.
- Inferences Drawn from Other Personal Data: This may include profiles reflecting preferences, interests, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. This information is sourced directly or indirectly (e.g., observing your actions on our Site) and used to fulfill your requests, for marketing, to provide relevant products and services, and to improve our Site and services. We do not disclose this information to third parties.
3. FOR WHAT PURPOSES WE PROCESS YOUR PERSONAL DATA
This section details the purposes for which each category of data is processed by each Data Controller or Joint Controller.
3.1 PURPOSES OF DIESEL USA Inc. (DIESEL)
Diesel manages e-commerce through the Site and the shops where you purchase products and request services. Diesel may need access to your information to address specific requests. Diesel processes Personal Data for the following purposes:
a. Sales Activities and Customer Request Responses
When you purchase Diesel products online or in-store, Diesel processes your identifiers, contact data, biographical data, sales data, and purchase data to finalize the sale and manage related activities such as delivery and administrative/accounting obligations.
Similarly, Diesel may verify eligibility for discount programs (e.g., first purchase verification) and process identifiers, contact data, and biographical data to respond to inquiries via the Site, Customer Service, phone, or chat. This includes requests for information, assistance, or notifications about product availability via the “Notify Me” feature.
Legal basis: This processing is necessary for the performance of a purchase contract. Providing the listed Personal Data is mandatory; otherwise, Diesel cannot fulfill your request.
b. Sales-Related Services
Diesel may process Biographical Data, Contact Data, and certain Sales Data (tax code, VAT number, passport number, and Global Blue card number) to manage purchases made by phone or other Diesel-provided methods, or to issue invoices upon request. This data is also used to re-contact you regarding your purchase, such as for complaints, product recalls (faulty/unsafe products), or technical issues (e.g., credit card payment failures).
Legal basis: This processing is necessary for the performance of a purchase contract. Providing the listed Personal Data is mandatory; otherwise, Diesel cannot fulfill your request.
c. After-Sales Services
Diesel may collect identifiers, contact data, and biographical data to handle post-sales requests made in-store, such as arranging repairs, customizations, home deliveries, or managing returns.
Legal basis: This processing is necessary for the performance of a purchase contract. Providing the listed Personal Data is mandatory; otherwise, Diesel cannot fulfill your request.
d. Loyalty Program Registration
Identifiers, contact data, purchase data, loyalty data, and biographical data are collected to manage your application to the “House of Diesel” loyalty program (refer to the Regulation via link). This data is processed to complete your membership and for all related activities, primarily including loyalty program benefits. Registration can occur: i) online via the Site; ii) offline in participating stores using electronic forms (tablets or smart tools) or flyers with QR codes linking to online registration; iii) through official Diesel S.p.A. channels (e.g., social networks like Facebook, Instagram, WeChat); or iv) via Customer Service.
All loyalty program communications may be sent by Diesel via the Site, SMS, MMS, Wallet, email, newsletter, social networks, and other official channels. These communications are solely for providing program benefits and are not marketing communications.
Creating a website account automatically enrolls you in the loyalty program. To use Site services (e.g., purchases) without joining, select the “Guest” option where available (e.g., during checkout).
Legal basis: This processing is necessary for the performance of the loyalty program contract. Providing the listed Personal Data is mandatory; otherwise, Diesel cannot process your request.
e. Participation in Prize Contests
Diesel may process your identifiers and biographical data to enable your participation in prize contests. In certain cases, contact data may also be processed, for example, for prize delivery. Additional required information will be requested with a specific privacy policy upon contest entry.
Legal basis: This processing is necessary for the performance of the prize contest contract. Providing the listed Personal Data is mandatory; otherwise, Diesel cannot process your request.
f. Marketing
Diesel will process your identifiers, contact data, biographical data, and in-store data for marketing purposes, including advertising on social networks, sending promotional materials, conducting market research, and commercial communications via automated methods (email, newsletter, SMS, MMS, online messaging platforms, etc.), subject to your consent where legally required.
Legal basis: This processing is based on your consent, where required by applicable law, obtained through appropriate opt-in disclosures.
If you are a loyalty program member and withdraw your marketing consent, you will still receive program-related communications (e.g., birthday gifts, exclusive previews). To stop these communications, you must specifically request it. Loyalty program removal will also cancel your online account, if applicable.
You can withdraw your consent or opt-out of marketing communications at any time by clicking the appropriate option in marketing emails, emailing [email protected], or contacting the Company at the addresses in paragraph 1.
For recurring promotional text messages, Terms & Conditions also apply.
g. Contact Management – Customer Re-contact
Diesel may use your Biographical Data and Contact Data to re-contact you post-sale, if necessary (e.g., for forgotten items in-store, lost item returns).
Legal basis: This processing is based on Diesel’s legitimate interest in improving performance and customer relations.
3.2 PURPOSES OF DIESEL S.P.A
Diesel HQs designs, sells, and promotes Diesel brand products. It manages contacts for prize contests, promotional initiatives, and the loyalty program. Diesel HQs processes Personal Data for the following purposes:
a. Loyalty Program Registration
Identifiers, biographical data, and contact data are collected by Diesel HQs to manage your loyalty program application (“House of Diesel,” see Regulation link). This data is used for membership and related activities, primarily loyalty program benefits. Registration can occur: i) online via the Site; ii) offline in stores via electronic forms or QR code flyers; iii) via official Diesel S.p.A. channels (e.g., social media); or iv) via Customer Service.
Loyalty program communications may be sent via the Site, SMS, MMS, Wallet, email, newsletter, social networks, and other official channels. These communications are solely for program benefits, not marketing.
Creating a website account enrolls you in the loyalty program. To use Site services without joining, use the “Guest” option where available.
Legal basis: This processing is based on the loyalty program contract. Providing the listed Personal Data is mandatory; otherwise, Diesel HQs cannot process your request.
b. Participation in Prize Contests
Diesel HQs may process identifiers, biographical data, and contact data for prize contest participation. Contact data may be used for prize delivery. Further information may be required, subject to a specific privacy policy.
Legal basis: This processing is based on the prize contest contract. Providing the listed Personal Data is mandatory; otherwise, Diesel HQs cannot process your request.
c. Marketing
With your consent, Diesel HQs will process identifiers, biographical data, contact data, commercial information, and contact data for marketing purposes, including social media advertising, direct sales materials, market research, and commercial communication via automated (email, newsletter, SMS, MMS, online platforms) and traditional (mail) methods.
Legal basis: This processing is based on your consent. If you are a loyalty program member and withdraw marketing consent, you will still receive program benefit communications. To stop these, you must specify. Loyalty program removal will cancel your online account.
You can withdraw marketing consent at any time by clicking the opt-out option in emails, emailing [email protected], or contacting Diesel HQs at the addresses in paragraph 1.
d. Customer Satisfaction
Diesel may use your Contact Data for surveys to measure service satisfaction (e.g., in-store, online, second-hand shopping surveys). These communications will not include advertising, direct sales, market research, or commercial content.
Legal basis: This processing is based on Diesel’s legitimate interest in verifying and improving service quality.
e. Other Administrative-Accounting Activities
Diesel may process your Personal Data for administrative, accounting, and internal statistical analysis for business planning.
Legal basis: This processing is based on Diesel’s legitimate interest in improving service quality and business operations.
3.3 PURPOSES OF THE JOINT DATA CONTROLLERS (DIESEL HQs AND OTB)
Diesel HQs and OTB operate as joint controllers under a specific agreement for the purpose below.
a. Customer Profiling
With your consent, Joint Data Controllers may process identifiers, biographical data, contact data, commercial information, purchase data, loyalty data, in-store data, navigation data, and similar network activity for profiling and business analysis. This includes automated analysis of your purchase preferences to predict purchasing behaviors, create customer profiles, and customize commercial offers to better align with your preferences.
Legal basis: This processing is based on your consent.
You can withdraw consent for profiling at any time by writing to [email protected] or contacting the Joint Controllers at the addresses in paragraph 1.
3.4 PURPOSES OF ALL DATA CONTROLLERS (DIESEL, DIESEL HQs, OTB) OR JOINT DATA CONTROLLERS (DIESEL HQs AND OTB)
Each Data Controller or Joint Controller may process data to comply with legal obligations or defend legal rights.
a. Compliance with Legal Obligations
Each Data Controller or Joint Data Controller may process your Personal Data to comply with legal requirements, regulations, or requests from competent authorities.
Legal basis: Compliance with legal obligations.
Providing data for this purpose is mandatory. Without it, Data Controllers or Joint Controllers cannot meet legal obligations.
b. Defense of Rights
Your Personal Data may be processed by each Data Controller or Joint Controller to defend their rights, take legal action, or make claims against you or third parties in judicial, administrative, or extra-judicial proceedings.
Legal basis: This processing is based on the legitimate interest of Data Controllers or Joint Controllers to protect their rights.
4. COOKIES; DATA PROCESSING DURING WEBSITE NAVIGATION WITHOUT LOGIN
The Site is owned by Diesel. You can browse the Site without logging in. When you browse, our systems automatically collect data related to your interaction with the Site using cookies.
This data is not directly linked to individuals but could, through processing and association with third-party data, potentially identify users.
This data includes IP addresses, domain names of connecting computers, URI addresses of requested resources, access information, location data, request methods, response file sizes, server response codes (success, error, etc.), user visit information (clickstream data, URLs within and from the Site), duration on pages, page interactions, and operating system and IT environment parameters.
This data is collected through “cookies.” We use browser cookies for essential Site operations, service functionality, personalization, performance/analysis, and promotional activities. Our Cookie Policy, available at http://diesel.com/shop/content/cookiepolicy, provides details on cookie usage, types, and options for acceptance or rejection.
Data collected during Site browsing is processed to: (i) manage the Site and troubleshoot operational issues; (ii) optimize Site content presentation; (iii) improve and test the Site; (iv) maintain Site security; (v) obtain anonymous statistical data on Site usage and functionality; and (vi) identify anomalies and misuse. Data may also be used to determine liability for cybercrimes against the Site or third parties and may be disclosed to judicial authorities upon request.
5. WHAT HAPPENS IF YOU DO NOT PROVIDE PERSONAL DATA
Certain Personal Data, indicated during registration or purchase, are necessary for contract completion and administrative/accounting purposes.
Paragraph 3 specifies when Personal Data provision is necessary. Unless explicitly marked as mandatory, providing Personal Data is optional, and refusal has no consequences, except that Data Controllers or Joint Controllers may be unable to perform described actions (e.g., marketing activities).
6. HOW AND HOW LONG WE WILL PROCESS PERSONAL DATA
Personal Data provided to or collected by Data Controllers or Joint Controllers is processed and stored using automated tools, and may be stored on paper. Data for marketing and profiling is entered and stored in CRM systems.
Personal Data is stored as long as necessary for the collection purposes. Specific retention rules include:
- Data for purchase contracts (Site or stores), including payments: Up to administrative and accounting obligations completion. Billing data is kept for 10 years from billing date.
- Registered user data for loyalty program: Kept while account is active. Data may be retained post-account termination for legal obligations, rights protection, or fraud prevention.
- Data related to data subject requests: Stored until request is satisfied.
- Data for customer satisfaction: Retained for 30 days.
- Data processed for marketing and profiling (with consent): Stored for 7 years. You will not be contacted for marketing/profiling 7 years after your last interaction or earlier if you revoke consent. Interactions include purchases, email opens, survey/contest/event participation, Customer Service/store interactions, “MyAccount” access, etc. You can review and modify consents in “MyAccount” or by contacting Diesel at [email protected] or Customer Service.
Processing termination and data deletion/anonymization will be completed within thirty days of these timeframes for technical reasons.
For legal rights protection or authority requests, data is stored as needed to process requests or protect rights.
7. WHERE PERSONAL DATA MAY BE TRANSFERRED
For the purposes described, we may transfer your Personal Data to Europe, specifically to Italy, where OTB and Diesel HQS are located.
8. WHO WILL PROCESS PERSONAL DATA
Personal Data will be processed by:
- Employees and collaborators of Data Controllers or Joint Controllers under their authority.
- Employees and collaborators of Data Processors designated by Data Controllers or Joint Controllers, including: (i) companies managing stores and the online store, authorized to view, modify, and update Personal Data in CRM systems for marketing and profiling; (ii) companies managing data storage for Data Controllers or Joint Controllers under agreements or local regulations.
- Third-party Data Processors in and outside the EU, used by Data Controllers or Joint Controllers for services like data acquisition, data entry, shipping, promotional material mailing, after-sales and Customer Service, market research, CRM system management for marketing/profiling, and other corporate IT systems. A complete list of Data Processors can be requested by emailing [email protected] or writing to the addresses in paragraph 1.
Personal Data may also be disclosed to independent third-party service providers, including freelancers or companies providing legal/tax advice, payment processing (debit/credit cards), and fraud prevention. To offer Klarna payment options, we will share certain Personal Data (contact and order details) with Klarna to assess payment option eligibility and customization. General Klarna information is available at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_us/privacy. Klarna handles your data as a Data Controller under applicable data protection law and their privacy statement.
Our third-party service providers may access Personal Data of non-Site users based on information you disclose on the Site, such as:
- Purchases shipped to a friend.
- Payment by a user different from the product recipient.
- Product recommendations to a friend.
In these cases, ensure you obtain consent from third parties before disclosing their Personal Data and inform them of our Privacy Statement. We will handle this Personal Data according to this Privacy Statement. You are responsible for disclosing third-party Personal Data without consent or for improper/unlawful data use.
We may also share your information with unrelated third parties when necessary, including: (a) legal compliance; (b) liability protection; (c) responding to subpoenas or legal requests; (d) in business transfers (sales, mergers); (e) protecting our operations; (f) protecting our rights, privacy, safety, or property; and (g) pursuing remedies or limiting damages.
9. COLLECTION FROM CHILDREN
The Site is not intended for children under 13, and we do not knowingly collect their Personal Data. Children under 13 should not use the Site or provide Personal Data. If we inadvertently collect data from a child under 13, we will take steps to erase it. Parents believing we have data from a child under 13 can request removal by contacting [email protected].
10. EXERCISING YOUR RIGHTS
Under Chapter III of the GDPR, you have the right to request from each Data Controller or Joint Controller:
- Access to your Personal Data.
- A copy of your Personal Data (data portability).
- Rectification of your Personal Data.
- Erasure of Personal Data where processing lacks legal basis.
- Restriction of Personal Data processing, within legal limits.
Right to Object: You can object at any time to the processing of your Personal Data by Data Controllers or Joint Controllers for their legitimate interests.
You can also withdraw consent to processing for advertising, direct selling, market research, or commercial communication via automated (email, remote communication systems like SMS, MMS, messaging platforms) and traditional (mail) methods, in whole or in part.
If you prefer traditional contact methods only, you can object to automated methods.
Exercising these rights, through contact details in paragraph 1, has no formal constraints. The contacted Data Controller or Joint Controller will verify your right to exercise and respond within one month.
Regarding Joint Controllers, OTB and Diesel have a specific GDPR Article 26 agreement, an extract of which is available upon request via contact details in paragraph 1.
If you believe your Personal Data processing violates GDPR, you can lodge a complaint with your local Data Protection Authority or pursue legal action in competent courts.
To exercise your rights, contact Data Controllers or Joint Controllers at the addresses in paragraph 1. The DPO for OTB, Diesel, and Diesel HQ can be reached at [email protected].
11. YOUR CALIFORNIA PRIVACY RIGHTS & HOW WE RESPOND TO “DO NOT TRACK” SIGNALS
If you are a California resident, you may have rights regarding the disclosure of your Personal Data to third parties for direct marketing. We do not share your Personal Data for third-party direct marketing without your opt-in, exempting us from this requirement. For further inquiries, contact us at the address in paragraph 1.
As of January 1, 2020, you have the following rights:
- Right to Know: Request information about categories and specific pieces of Personal Data collected in the past 12 months, sources, purposes, business purposes for selling/disclosing data to third parties, and categories of third parties shared with. Request a copy of Personal Data in electronic format.
- Right to Opt-Out of Sale: We do not sell your Personal Data and do not sell children’s Personal Data under 16.
- Right to Request Deletion: Request deletion of your Personal Data, subject to legal exceptions.
- Right to Non-Discrimination: Not to be discriminated against for exercising these rights.
Exercise your rights by contacting us using details in paragraph 1. We will verify your identity using existing Personal Data. If verification fails, additional information may be requested. You can authorize an agent to make requests on your behalf; agents must be registered with the California Secretary of State and have permission to submit requests. We may deny agent requests lacking proof of authorization.
12. HOW WE RESPOND TO DO NOT TRACK SIGNALS
“Do Not Track” (“DNT”) is a browser privacy preference to opt-out of website and online service tracking. As global DNT technology is not finalized and not all browsers support DNT, we do not recognize or respond to DNT signals.
13. THIRD-PARTY ADVERTISING
We may use advertisers, third-party ad platforms, tracking technologies, and advertising companies to serve ads on the Site and improve online advertising performance. These companies may collect Personal Data about your Site visits or other websites (via cookies, web beacons, etc.) to market products/services, monitor served ads, and track viewed webpages. You can generally opt-out of personalized ads from NAI (https://optout.networkadvertising.org/?c=1) or DAA (https://optout.aboutads.info/?c=2&lang=EN) member third-party advertisers and ad networks.
14. LINKS TO THIRD-PARTY WEBSITES
Our Site contains links to third-party websites. We are not responsible for their privacy practices or content. Review the privacy policies of any third-party websites you visit for better privacy protection.
THIS PRIVACY STATEMENT DOES NOT COVER DATA COLLECTION AND USE BY THIRD-PARTY WEBSITES AND ADVERTISERS.
15. SECURITY
We have implemented commercially reasonable security measures to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. We may use third-party products and services for security or data storage. We encrypt credit card numbers for Site e-commerce transactions. However, no internet transmission or electronic storage is 100% secure. We cannot guarantee the security of transmitted information. If a data breach occurs, we may notify you electronically to allow protective actions. By using the Site or providing Personal Data, you agree to electronic communication regarding security, privacy, and administrative issues. We may post Site notices or send emails for security breaches. Depending on your location, you may have a legal right to written breach notification. If you suspect your Site interactions are no longer secure, notify us immediately at the addresses provided.
Ensure your device has up-to-date antivirus software and your internet provider offers secure connections with firewalls and spam filters for data safety.
16. CHANGES TO OUR PRIVACY STATEMENT
We reserve the right to amend our Privacy Statements periodically. The Site version is the current version. Changes are communicated via a “Revised Privacy Statement(s)” notice on the Site. Changes are effective immediately upon Site publication unless noted otherwise. Material changes will be prominently posted on the Site or communicated using your contact information. Site use after amendments indicates consent to revised Privacy Statements. Review our Privacy Statements periodically for changes, especially before providing data.
17. DISPUTES, AGREEMENT TO ARBITRATE, AND CHOICE OF LAW
By using the Site, you and we agree to first attempt good-faith dispute resolution for any controversy, claim, action, or dispute related to Site use or this Privacy Statement (“Dispute”). Written notice describing the Dispute must be sent, allowing 30 days for response or settlement.
Notice should be sent: (1) to us at the addresses listed at the beginning of this Privacy Statement; and (2) to you at your contact information on file. This dispute resolution is a condition precedent to litigation or claims.
IF DISPUTES CANNOT BE RESOLVED THROUGH THIS PROCEDURE, YOU AGREE TO SOLE AND EXCLUSIVE JURISDICTION VIA BINDING INDIVIDUAL ARBITRATION THROUGH JAMS (www.jamsadr.com) UNDER ITS RULES. YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY TRIAL AND CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTIONS. ARBITRATION DECISIONS ARE FINAL AND BINDING. Other court rights, including discovery and appeal, are limited in arbitration. The arbitrator has exclusive authority to resolve disputes regarding this Privacy Statement’s interpretation, applicability, enforceability, or formation. This Privacy Statement is governed by New York law, without regard to conflict of law principles. Arbitration is governed by the Federal Arbitration Act.
18. ASSIGNMENT
We may share or transfer your information during reorganization processes (mergers, acquisitions, bankruptcies, asset sales). Information may be shared post-transaction and/or during assessment. Transferred information remains subject to this Privacy Statement or an equally protective privacy policy.
