As controller, the Company Ducati Motor Holding S.p.A ("Ducati") hereby informs you on the following, with reference to the processing of your personal data, according to art. 13 of the Regulation EU 2016/679 on the protection of personal data ("Regulation").
1. Data Processing purposes and consequences of failure to provide your data
Ducati processes the personal data that you provide upon registration on our website [https://www.ducati.com/au/en/home] (the "Site") and the specific sections of the same, the personal data provided during events, fairs and shows organized or attended by Ducati and personal data collected during your interaction with Ducati, including details of your purchases.
With reference to the activities of sale and interaction with Ducati, these also include the activities carried out in points of sale and online, such as the managing of your interaction with our websites and internet and mobile applications (registration to websites/Apps and online initiatives such as newsletter, mailing list, events, prize contexts, promotions) and providing to you information/material, upon your request. We process your personal data for the following purposes.
a) Purposes necessary to customer relationship management
Ducati processes your personal data to manage your registration and interaction with the Site and to provide you with the products and services that you require. Specifically, Ducati t processes your personal data for the following purposes: to allow registration and authenticated access to the Site; to reply to your requests for information and/or material; to provide you with the requested products, services and assistance, together with relevant post sale services (for example, guarantee), including the data processing necessary to manage your electronic signature on contractual documentation (through graphometric signature on tablet); to duly comply with contractual obligations or to carry out pre-contractual activities on your request, also through transmission of data by Ducati to our sale network (i.e. dealers) or to third parties that Ducati has a contract with, for example to contact you to verify that our dealers or business partners are duly addressing your request.
In addition, Ducati processes your personal data to comply with laws and regulations relevant to the above specified activities and to exercise and defend legal claims.
For the above specified purposes we process personal data as email, password, name, surname, country, address, telephone number, information on our products that you purchased in our stores or online.
The provision of data for the purposes indicated above is necessary and the possible failure to provide such data will prevent Ducati from performing the above mentioned activities, for example from replying to your requests for information, material, from providing the products and services that you requested.
b) Additional purposes
With your consent, which is optional, Ducati uses you personal data for marketing purposes, notably to send you promotional newsletter, commercial or advertising communications, for direct sales, market surveys, statistical analysis, satisfaction surveys for customers and prospects. Marketing activities are carried out through e-mail (newsletter), telephone, sms, MMS, chat, banners on the Site, instant messaging, social network and traditional mail, including sending you invitations for events attended or organized by Ducati, by members of the sale and assistance network of Ducati or by our business partners. These communications include offers on products, services and initiatives of our business partners. You may at any moment choose the preferred communication channel among these above listed and you may at any moment oppose the receiving of promotional communications through all or some of the communication channels above listed.
With your consent, which is optional, Ducati in its points of sale and online through our websites and Apps collects information on your preferences, habits, lifestyle, information on your interaction with Ducati, as well as the details of your purchases to create group and individual profiles ("profiling") and sending you personalized promotional communications and offers.
The personalized marketing activities are performed through e-mail (newsletter), telephone, sms, MMS, chat, banners on the Site, instant messaging, social network and traditional mail, including sending you invitations for events. You may at any moment choose the preferred communication channel among these above listed and you may at any moment oppose the receiving of promotional communications through all or some of the communication channels above listed.
To verify or modify your preferences you may at any moment access your profile page at My Ducati, in the section Manage Your Privacy.
The provision of data for the marketing and profiling purposes indicated above is optional and the possible failure to provide such data will not have any consequences on the possibility for you to buy Ducati products and to receive the information, material, services that you require, including post sale services
2. Methods of processing and Legal grounds for processing
Your personal data are processed without and also with electronic means, based on logic and procedures consistent with the purposes illustrated below and in compliance with the Regulation, including confidentiality and security aspects.
Data may be provided by you upon registration at our points of sale through paper or electronic forms, may be collected during visits at our dealers and vendors, may be provided during events, exhibitions and initiatives attended or organized by Ducati, by members of the sale and assistance network of Ducati or by our business partners or provided upon your interaction with web sites, internet and mobile applications of Ducati.
In compliance with the Regulation, your personal data that is form time to time collected is used to update and correct the information previously collected.
Ducati will process Your personal data based on the following legitimacy requirements:
· your consent;
· Ducati legitimate interest to performance of commercial activities;
· fulfilment of statutory obligations.
3. Communication of Your personal data to third parties
Personal data is accessed by our duly authorized personnel (e.g. personnel with Sales & Marketing, CRM, Service, IT functions) on a need to know basis and is communicated to third parties in the following cases: (i) when communication is required by applicable laws and regulations with respect to legitimate third party recipients of communications such as authorities and public bodies for their respective institutional purposes; (ii) communication to third party that is necessary to perform an agreement or to carry out pre-contractual activities on your request, for example sharing your personal data with our dealers or business partners to allow the same to provide you with the information, products or services that you requested; (iii) communication to third parties in case of extraordinary transactions (e.g. mergers, acquisitions, transfer of business, etc.).
Your personal data is shared with our service providers, for example for services of a technical and organizational nature functional to the above-mentioned purposes, such as independent consultants, also in associated form, providers offering delivery, marketing, payment related services. We provide to such entities only the data necessary to provide the agreed services and the same act as Processors, according with the instructions provided by Ducati.
Lastly, in order to provide you with the Ducati products and services that you requested, (for example to grant you the same benefits worldwide), other companies within the Ducati Group, importers, dealers and our business partners may access your personal data, based on applicable privacy law.
It is understood that Ducati does not share your personal data with third parties for their own marketing purposes.
4. Transfer of personal data outside the European Union
Some of the companies within the Ducati Group, of our sale network or third parties contractually bound by Ducati which can have access to your personal data, are established also outside the European Union, in countries which do not grant an adequate level of data protection from the Regulation standards perspective. Ducati takes all necessary measures to ensure a legitimate data transfer (e.g. through the implementation of Standard Contractual Clauses approved by the European Commission). You may, at any time, require information on the transfer of your personal data abroad, by contacting Ducati or Ducati Data Protection Officer through the contacts below specified.
5. Personal data storage
Ducati keep your personal data for the time strictly necessary to achieve the purposes for which data has been collected and to comply with applicable laws and regulations. For the activities necessary to contract performance, data is kept for ten years as of the contract execution for administrative and accounting purposes. Data may be kept for longer periods if this is authorized by applicable laws and in case of exercise or defense of legal claims.
6. Data Controller and Data Protection Officer
The Controller is Ducati Motor Holding S.p.A, with registered offices at Via Cavalieri Ducati, 3 - 40132 Bologna (BO). The Data Protection Officer is domiciled at the registered office of the Controller and available at the following e-mail address: firstname.lastname@example.org.
7. Your rights
You can contact Ducati as Controller or the Data Protection Officer, using the contacts details indicated above to obtain the up-to-date list of our processors (i.e. our services providers), of the entities to which the personal data are disclosed and to exercise, at any time, the following rights pursuant to art. 15 ss. of the Regulation: to obtain confirmation that your personal data exist, to verify their content, origin, accuracy, to require their integration, update, rectification, deletion, anonymization, to require data portability, the restriction of the processing, to lodge a complaint with the supervisory authority (the Garante per la Protezione dei Dati Personali).
In addition, you may, at any time, object to the processing of your personal data for marketing activities and, on grounds relating to a particular situation, you may object to the processing of your personal data processed on the grounds of the legitimate interest of Ducati, unless Ducati demonstrates compelling legitimate grounds for proceeding with the data processing (e.g. exercise or defense of legal claims).