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/it/it/home (the "Site") and the specific sections of the same; the Privacy Policy of the Site is published at the following webpage: https://www.ducati.com/it/it/home/privacy, 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, our App (Ducati App Link) 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.
For these profiling activities we collect also the following information: information we obtain from comparison between information we have with this generally available to the public, for example social network profiles that you decided to make publicly available; information collected through cookies and other tracking technologies on the Site (please refer to our Cookie Policy, available on the home page of the Site (https://www.ducati.com/it/it/home); information collected through data detection systems on your moto - as applicable and only in compliance with the Regulation.
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.
If you are the owner of 3 Ducati motorbikes (purchased and/or certified with Ducati) over the last 10 years, you will be considered as a 'Ducati collector', thus if you consent to the use of your personal data for marketing and profiling puroises (which is optional), we can contact you as abiove specified to invite you to special events and to offer you special benefits and promotions dedicated to Ducati collectors.
To verify or modify your preferences you may at any moment access your profile page at My Ducati, in the section Login.
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.
In relation to the Ducati Link App, in order to use some of the functionalities ofered by the App data relating on your geographic location and in some cases on your movements as registered by the GPS system of your Apple or Android device is required. Specifically, you may activate and de-activate at any moment and at your discretion, through the device on which the App is installed, the functionailties linked with the service of geo-localization and tracking of the movements, the sharing of the routes with other users of the App, the community services (the possibility to invite other users on suggested routes, to comment on routes and share photos), the locator service for Ducati workshops, the registration of driving parameters, to receive alerts on the motorbike's maintenance and status. Data relating to your gographical location and ot your movements are processed by Ducati only to activate the App's functionalities upn your request. Data is registered on your device and also on Ducati's servers, so that you can access and use the same also through MyDucati platform in case you change or loose your device. You may at any moment delete data registered by the App through the App itself and also through MyDucati account. After 12 months as of the last access to the App or after 60 days as of when the App has been de-activated/disinstalled, relevant data registered by the App on Ducati's servers will be deleted. The other personal data relating to your interaction with Ducati, also through the App, will be kept by Ducati as permitted by applicable laws and in compliance with Ducati's Policy on data retention. For further information you can contact Ducati and the Data Protection Officer of Ducati as below specified.
To activate the various functions of the “Ducati Link App” (hereinafter referred to as the “App”), as requested from time to time by the User, it is necessary to collect and record the User's personal data, possibly including his/her geographical location and his/her movements recorded by the GPS system of his/her Apple or Android device.
The User's personal data, including those relating to his/her geographical position and movements, will be processed by the Data Controller, Ducati Motor Holding S.p.A. - a Sole Shareholder Company - Company subject to the management and coordination of AUDI AG, with registered office at Via Cavalieri Ducati 3, Bologna, Italy (hereinafter "Ducati"), by the Supervisor of data processing appointed by Ducati in the person of Mr. Claudio Domenicali, domiciled for this appointment at the registered office of Ducati, with or without automated devices, in compliance with the provisions of Italian Legislative Decree no. 196 of 30 June 2003 - Personal Data Protection Code (so-called "Privacy Code"), for the following purposes:
(i) to allow the operation of the "Ducati Link App" (hereinafter referred to as the "App"), as well as the activation of its various functions, as required from time to time by the User, in accordance with the terms of the relevant agreement of license for use of the App, as well as for statistical analysis in which the data will be processed in aggregate form. In particular, the User can activate (and deactivate at any time), through his/her Apple or Android device on which the App is installed, the features related to the geolocation service and recording of routes travelled, the sharing of routes with other users of the App, the community services (possibility to invite other users on suggested routes, comment on the routes and share photos), the geolocation service of Ducati workshops in connection with the geographical location, the recording of riding parameters, and can receive warnings on bike maintenance and conditions. The data relating to the geographical location of the User and his/her movements will be processed solely to activate the functions of the App, where such services are requested by the User. The User's data will be recorded both on the User's device and on Ducati's servers, so that the User can also access them through Ducati's MyDucati platform and use them even in the event of subsequent replacement or loss of his/her device. The data recorded through the App may be deleted by the User at any time through the App or the MyDucati account. After 12 months from the last access to the App or after 60 days from the date of deactivation/uninstallation of the App by the User, the relevant data recorded by the App on Ducati servers will be deleted. For the above purposes only, the data may be transmitted by Ducati to companies contractually linked to Ducati (such as Internet operators, companies specialising in IT and telematic services), possibly also having their registered office in countries outside the European Union that do not guarantee an adequate level of protection of personal data, and in this case they will be processed exclusively for the above purposes; the data will also be brought to the attention of the other Data Processors and Persons in charge of the processing appointed by Ducati and by the aforementioned subjects who must carry out activities linked to the functionalities and provision of the services of the App. The data will not be disclosed, unless such disclosure is expressly requested and made by the User himself/herself through the sharing tools available through the App. The personal data used for the operation of the App are acquired directly from the User, unless the User requests the logon and login functions through social networks (so-called "social-login") at the first access/login, or subsequently if already registered. With Facebook (trademark of Facebook Inc.), Twitter (trademark of Twitter Inc.) or [specify any other social media implemented] accounts it will be possible to login to the App. If the interested party will use these features, Ducati will only store, through Facebook, the following information from the interested party's profile: Social ID, first name and last name. As far as Twitter is concerned, Ducati will only store the following information from the profile of the interested party: Social ID, first name and last name, [specify additional information]. Any further personal information automatically sent by social networks at the time of association is not stored by Ducati. The log files, stored for technical purposes only, are deleted on a monthly basis. The association of the Facebook/Twitter [other social media] profile with the App will appear on the relevant User accounts on the social networks; please refer to the specific privacy policies (https://it-it.facebook.com/privacy/explanation and https://twitter.com/it/privacy [other social media]) for further details. Ducati does not send any information about the User to the aforementioned social networks in the event of association;
(ii) to allow Ducati only to carry out marketing activities, that is to send advertising material and newsletters, to carry out commercial information activities on Ducati's sales and promotional initiatives, sales and service network and its partners, for direct sales activities, for market researches and satisfaction surveys, as well as for statistical analysis with data in aggregate form or after being made anonymous. The aforementioned activities will be carried out by e-mail, by SMS (Short Message Service), by paper mail and by telephone calls by operator. For this purpose only Ducati may disclose your data to any entities having entered into a contract with Ducati (such as companies specialising in market research and data processing, advertising companies, Internet Service Providers, communication companies, data processing companies, IT and digital service companies), Ducati Group companies or to Ducati's affiliated companies or entities belonging to its sales and service network (such as subsidiaries, importers, distributors, dealers, workshops) possibly also based in non-EU countries and which do not guarantee an adequate level of protection of personal data, and in that case they will be processed exclusively by those persons for the aforesaid purposes; the data will be brought to the attention of the further Data Controllers and Data Processors as designated by Ducati and the aforementioned entities. If the User would like to authorise such activities now and subsequently would prefer not to receive any further communications, or would like to limit the way in which he/she can be contacted, the User may simply send at any time an email to Ducati at contact_us@ducati.com;
(iii) to allow Ducati only to perform profiling activities, i.e. activities aimed at defining User's profile and analysing his/her choices and consumption habits, and to use this information in order to direct its marketing and commercial offer activities, personalising them to the User, as well as to perform market and statistical research with data in aggregate form or once rendered anonymous. The data processed for these purposes will be collected from the User (also in public places or places open to the public) or from third parties or from public registers, lists, deeds or documents, in compliance with the principles of correctness and for the mentioned purposes, by computers and digital means and through sheets, coupons and questionnaires, organised in databases in mainly automated form, associated and compared with data also coming from different public or private databases, and, in particular, they may be the following: name and surname, email, gender, telephone number, date of birth, data related to residence/domicile (city, postal code, country, province/region), family status, educational level, data related to the registration to the Ducati website and its use, motorcycle/s owned now or in the past, goods or services purchased from the Ducati official network, the Ducati website or the Ducati Shop on-line, participation in events organised by Ducati, Ducati Apps downloaded or used. For this purpose only, your data may be disclosed to any entities having entered into a contract with Ducati (such as companies specialising in market research and data processing, advertising companies, Internet Service Providers, communication companies, data processing companies, IT and digital service companies), Ducati Group companies or to Ducati's affiliated companies or entities belonging to its sales and service network (such as subsidiaries, importers, distributors, dealers, workshops) possibly also based in non-EU countries and which do not guarantee an adequate level of protection of personal data, and in that case they will be processed exclusively by those persons for the aforesaid purposes; the data will be brought to the attention of the further Data Controllers and Data Processors as designated by Ducati and the aforementioned entities. If you would like to authorise such activities now and subsequently withdraw your consent, you can do it at any time by simply sending an e-mail to contact_us@ducati.com.
Personal data used for the functioning of the App is collected directly from you, save when you expressly asks for registration to the App and relevant login through social network (sio named “social-login”) at the first access or following the same if you are already registered. The same mechanism of so-named social login is available on the Site. With the count of some social networks, such as Facebook or Twitter, it will indeed be possible to login to the App and the Site. If you use these functionalities, Ducati will record through the relevant social network only the information from your profile that you expressly authorize the relevant social network to share with Ducati. The association of the social network's profile with the App will result from your accounts on social network, we remind you to check the relevant privacy policies for further details. Ducati does not share any information relating to you with the social networks.
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: privacy@ducati.com.
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).