Update date: December 2020

PRIVACY APP – INFORMATION DOCUMENT ART. 13 REG. EU 2016/679 – GDPR –
NOTICE CONCERNING THE PROCESSING OF PERSONAL DATA COLLECTED FROM THE DATA SUBJECT.

This privacy notice ("Notice"), pursuant to Articles 13 and 14 of Regulation (EU) 2016/679 General Data Protection Regulation ("Regulation" or "GDPR"), describes how Moleskine S.r.l. ("Moleskine", the ""Company", "we", "our", "us") processes personal data in its capacity as the data controller.

In particular, this Notice is meant to explain how we process personal data within your use of Moleskine Notes App (the "App").

1. THE DATA "CONTROLLER"

Under this Notice and as it concerns the data processing activities it refers to, the Data Controller (art. 4, no. 7, GDPR) is Moleskine S.r.l, with registered address in Viale Piceno 17, 20129, Milan (MI), Italy.

2. PERSONAL DATA PROCESSED

i. Personal information: name, last name, date of birth;
ii. E-mail address which will properly be encrypted by Moleskine;
iii. Information related to your App Store or Google Play Store account (such as tokens);
iv. Information related to your Google Drive account, your Microsoft OneDrive account or your Adobe Creative Cloud associated with the App;
v. Data related to other Moleskine devices that you associates to the App (e.g. the MAC address of your Moleskine Pen or the SKU Number of your Moleskine Notebook);
vi. Information related to the use of your Moleskine Smart-Writing Set associated with the App (e.g. number of pages used of the Moleskine Notebooks)
vii. Data revealing the geolocation (with your prior consent);
viii. Photos, multimedia contents and files on your device accessed through or uploaded in the APP (with your prior consent). Those data are protected through appropriate security and technical measures, including encryption technologies, which prevent the access by third parties. Only persons duly instructed and bound to confidentiality by Moleskine will be able to access the data if it is necessary to solve technical problems related to the use of the App.

The provision of your data referred to in points i, ii, iii is necessary and in case of failure we will not able to provide you with the services of the App. The failure to provide with us your data referred to in points iv, v, vi, vii and viii (or with your consent to process it, if applicable) cannot prevent you from downloading and using the App but will prevent you from enjoying some features of the App for which the provisions of this data is necessary.

3. PURPOSES AND LEGAL BASIS

The personal data will be processed for the following purposes and in pursuance of the lawful basis indicated:

a. To perform the services provided by Moleskine through the App. Legal basis: need to perform a contract or related pre-contractual obligations pursuant to Article 6(1)(b) GDPR.
b. To improve the service provided by Moleskine through the App through data revealing your geolocation or data contained in contents and files stored on your device which you consent to disclose to Moleskine by uploading it to the App or by allowing the App to access it. Legal basis: consent pursuant to Article 6(1)(a) GDPR.
c. sending newsletters and for marketing activities via e-mail, text message, instant online messaging (chat) or through a telephone operator we might appoint for that purpose or by post such as sending promotional material on news, specific promotions, offers, new products or services offered by Moleskine Legal basis: consent pursuant to Article 6(1)(a) GDPR if marketing activities concern products or services non-similar to the App, legitimate interest of the controller pursuant to Article 6(1)(f) GDPR and Article 130 of Legislative Decree n. 196/2003 ("Italian DP Code") in case of products similar.
d. Profiling. Subject to your specific consent, marketing activities (whether you are already our customers or not) may also take into account the preferences concerning Moleskine’s products you showed through your use of the App. This will allow us to provide you with customized messages, to keep you up to date on Moleskine products that best suit your personal interests and tastes. Legal basis: consent pursuant to Article 6(1)(a) GDPR.
e. Administrative-accounting purposes, i.e. those processing activities related to organizational, administrative, financial and accounting activities. Legal basis: need to perform a contract or related pre-contractual obligations pursuant to Article 6(1)(b) GDPR.
f. Comply with legal obligations to which Moleskine is subject. Legal basis: need to comply with a legal obligation to which the controller is subject pursuant to Article 6(1)(c) GDPR.
g. If necessary, to protect or defend a right or a legitimate interest of Moleskine before a competent authority. Legal basis: legitimate interest of the controller pursuant to Article 6(1)(f) GDPR.

Use of your Google Drive account data

Information related to your Google Drive account can be used only to associate it with the App and to grant to the account permission for the purpose of backing up files with notebook data generated by the App and importing notebook data generated by the previous version of the App.

Use of your Microsoft OneDrive account data

Information related to your Microsoft OneDrive account can be used only to associate it with the App and to grant to the account permission for the purpose of backing up files with notebook data generated by the App and importing notebook data generated by the previous version of the App.

Use of your Adobe Creative Cloud account data

Information related to your Adobe Creative Cloud account can be used only to associate it with the App and to grant to the account permission for the purpose of backing up files with notebook data generated by the App and importing notebook data generated by the previous version of the App.

4. HOW WE PROCESS YOUR PERSONAL DATA

The processing of your personal data is carried out by computers, automated and/or manual means in compliance with the principles of lawfulness, fairness, transparency, accuracy, integrity, data minimization and limitation of purposes and storage, as well as in accordance with the provisions of the GDPR and current legislation on the protection of personal data, and adopting the appropriate security measures.

5. HOW WE PROTECT YOUR PERSONAL DATA

Your personal data is collected, elaborated, transferred and stored using appropriate security measures (physical, logical and organisational) to protect it from possible breaches (such as destruction, loss, alteration, unauthorised disclosure or accidental or unlawful access to such personal data) and to ensure that processing is carried out only for the purposes described in this Notice. In particular, Moleskine had adopted a proper encryption program ensuring that the confidentiality, integrity and availability of you data are constantly and properly protected. Those data are protected through appropriate security and technical measures, including encryption technologies, which prevent the access by third parties. Only persons duly instructed and bound to confidentiality by Moleskine will be able to access the data if it is necessary to solve technical problems related to the use of the App.

6. HOW LONG WE KEEP YOUR PERSONAL DATA

Moleskine will store your personal data for the period strictly necessary to pursue the purposes they were collected for. In particular, Moleskine will retain personal data necessary for the use of the App for the whole period of time the App is used and installed on your device and will erase it once you will have deleted the App. Moleskine will not process your personal data for direct marketing purposes (included profiling activities) for a period exceeding twenty-four (24) months and will ask you to restate your consent at the end of that period. Moleskine may extend the maximum retention period of your data where this is necessary to comply with a statutory obligation or to defend a right of Moleskine before a judicial, administrative, regulatory body or other authority.

7. DATA RECIPIENTS OR CATEGORIES OF DATA RECIPIENTS

To the extent necessary to pursue the purposes described in this Notice, your personal data may be disclosed to third parties indicated in this paragraph. We require these third parties to take measures to maintain the confidentiality of any personal data they may receive from Moleskine to carry out their activities, in line with our Notice, and we ask them not to use this information for any other purposes. Your personal data may be communicated to:

  • manufacturers of devices on which the App is installed;
  • providers of services for the management of the information system used by Moleskine and of the telecommunications networks (including e-mail, data base management, platforms, App- App Store suppliers, call centers, etc..);
  • providers of the cloud services that you can freely associate with the App and with which you can disclose files and documents uploaded in the App (i.e. Google Drive, Microsoft OneDrive, Adobe Creative Cloud);
  • third parties carrying out encryption activities of data collected through the App on behalf of Moleskine;
  • other companies part to the Moleskine group to the extent necessary for the purposes referred to in this Notice;
  • Moleskine partners which may use your data for their own purposes, only if the processing is based on a legitimate interest or on a statutory obligation of such partners or third parties;
  • third parties in the context of any mergers/acquisitions that may affect the Moleskine Group, to the extent strictly necessary for the purposes of the transaction based on a legitimate interest, and in any event to the extent permitted by applicable law.

Where necessary for the exercise or protection of our rights, as well as to comply with statutory obligations, your personal data may also be disclosed to third parties such as judicial and/or administrative authorities, law enforcement agencies and/or auditors. You may request more detailed information on those subjects whom Moleskine may share your personal data with by contacting us as indicated in the "How to contact us" section of this Notice.

8. TRANSFER OF DATA TO THIRD COUNTRY AND/OR TO AN INTERNATIONAL ORGANISATION AND WARRANTIES

When necessary for the purposes of the processing described in this Notice, your Personal Data may be transferred to countries outside the European Economic Area ("EEA"). Moleskine guarantees that all transfers outside the EEA will be made in such a way as to guarantee the full protection of your rights and freedoms according to Articles 44ff GDPR. If, with regard to the third country to which the data is transferred, no adequacy decision has been taken by the European Commission, the data transfers will be regulated by the application of appropriate safeguards pursuant to Article 46 GDPR, such as standard contractual clauses issued by the European Commission.

9. RIGHTS OF THE DATA SUBJECT

In accordance with the applicable legislation, and in particular with the provisions of the GDPR, your rights in relation to the personal data that we process under this Notice are the following:

  • Access: you can obtain information about the processing of your personal data and a copy of that personal data (art. 15 GDPR);
  • Rectification: if you believe that your personal data is inaccurate or incomplete, you may request that such data be corrected or modified by following your instructions (art. 16 GDPR);
  • Erasure: except as provided for by applicable laws, you have the right to request the erasure of your personal data, when: (i) the data are no longer necessary for the purposes for which they were collected and processed; (ii) you withdraw your consent to the processing; (iii) you object to the processing for direct marketing purposes or to the processing carried out for other purposes and there are no overriding legitimate grounds to continue with the processing; (iv) your data are processed unlawfully; (iv) the erasure is required by law (art. 17 GDPR);
  • Limitation: you may request the limitation of the processing of your personal data (art. 18 GDPR);
  • Object: your right to object to processing for direct marketing purposes is absolute and can be exercised at any time in the manner indicated in the "How to contact us" section. Your objection to processing carried out through automated means is also valid for processing carried out with traditional means (art. 21 GDPR);
  • Withdrawal of consent: if the processing of your personal data is based on consent, you have the right to withdraw your consent at any time (art. 7 GDPR);;
  • Data portability: where the processing is based on consent, you have the right to obtain in a structured format, commonly used and machine-readable format the personal data you provided us with and, where technically feasible, to have them transmitted to another data controller.

10. HOW TO CONTACT US

To exercise your rights, and for any query or clarification on how your personal data is processed and used pursuant to this Notice, you can contact us by writing to the e-mail addressprivacy@moleskine.com.In order to ensure you the best possible protection of your rights and freedoms, Moleskine has also appointed a Data Protection Officer (“DPO") you may address any request relating to the processing of your personal data and to the exercise of your rights. The Moleskine DPO can be contacted at dpo@moleskine.com. If you decide to contact us, all the data you provide will be processed exclusively for the purpose of providing you with prompt feedback and to ensure the proper management of your request.

11. HOW TO ENFORCE YOUR RIGHTS

In order to protect your rights and your personal data, you may at any time decide to lodge a complaint with the competent supervisory authority or to bring an action before the competent national courts. We however always invite you to contact us for any need relating to the exercise of your rights.

12. CHANGES TO THIS NOTICE

This Notice is subject to periodic updating. To this end, we indicate the last update date at the beginning of this Notice. If you have already submitted your personal data, any change that substantially affects the processing of personal data, will be communicated to you through the appropriate channels in order to ensure that you are effectively aware of the way your data is processed, with a view to full transparency of the processing activities and a full and adequate protection of your rights.