Information notice pursuant to Section 13 of the Italian Legislative
Decree no. 196 of 30 June 2003 - Personal Data Protection Code (Article
10 of the European Union directive 95/46/EC)
The personal data provided by the Data Subject (you) will be processed by
the data controller Ducati Motor Holding S.p.A. – A Sole Shareholder
Company - A Company subject to the Management and Coordination activities
of AUDI AG, with its registered office at via Cavalieri Ducati 3, Bologna,
Italy (hereafter “Ducati”), by its data processor Mr. Claudio Domenicali,
for this purpose domiciled at the registered office of Ducati, and by the
dealer member of the Ducati sales and assistance network chosen by you
(hereafter the “Dealer”) as autonomous data controller exclusively in
reference to the purposes described in the following paragraph (i), using
paper, electronic and automated means, in compliance with the provisions of
the Italian legislation for the protection of personal data (Italian
Legislative Decree 196 of 30 June, Personal Data Protection Code,
implementing the European Union directive 95/46/EC: hereinafter the
“Privacy Code”), for the following purposes:
(i)
to allow the Dealer chosen by the Data Subject to receive personal data
from Ducati and to contact the Data Subject (by email or telephone) and to
provide the information, the assistance and the services requested by the
Data Subject, as well as for statistical purposes using aggregate data or
data in anonymous format. Only to these purposes personal data of the Data
Subject may be communicated to companies having a contractual relationship
with the Dealer and/or Ducati (such as Internet Service Providers, ICT
service companies, financial and insurance companies, carriers, shippers),
to companies of the Ducati group, to Ducati subsidiary companies, or to
companies part of the Ducati sales and assistance network (such as
branches, importers, dealers, distributors, garages), even established
outside European Union and that may do not ensure an adequate level of
protection of personal data according to European Union privacy regulation,
and in this case these subjects will process data only for the
above-mentioned purposes; data will be brought to the other data processors
and persons in charge of the processing (arts. 29 and 30 of the Privacy
Code) knowledge designated by the Dealer, by Ducati and by said subjects;
(ii)
to allow exclusively Ducati to conduct marketing activities, i.e. to send
advertising material and newsletters, to carry out activities of commercial
information on promotional and commercial initiatives of Ducati, its
network of sales and service and its partners, for direct selling, for the
performance of market and customer satisfaction surveys, as well as for
statistical purposes using aggregate data or data in anonymous format.
These activities will be carried out via e-mail, SMS (Short Message
Service), via paper mail and through telephone calls via operator. Only to
these purposes your personal data may be transmitted by Ducati to companies
having a contractual relationship with Ducati (such as market research and
data processing companies, advertising companies, Internet Service
Providers, ICT service companies, communications companies, data processing
companies), to companies of the Ducati group, to Ducati subsidiary
companies, or to companies part of the Ducati sales and assistance network
(such as branches, importers, dealers, distributors, garages), even
established outside European Union and that may do not ensure an adequate
level of protection of personal data according to European Union privacy
regulation, and in this case these subjects will process data only for the
above-mentioned purposes; data will be brought to the other data processors
and persons in charge of the processing (arts. 29 and 30 of the Privacy
Code) knowledge designated by Ducati and by said subjects. If now you wish
to authorize such activities and afterwards you do not wish to receive
further communications, or you would like to limit the ways in which to be
contacted, it will be sufficient to send an e-mail to contact_us@ducati.com
at any time;
(iii)
to allow exclusively Ducati to conduct profiling activities, i.e.
activities aimed at profiling the data subject and analysing consumption
patterns and choices and using such information in order to steer its
marketing activity and commercial offer, personalizing them towards the
data subject, as well as for market research and statistical purposes using
aggregate data or data in anonymous format. The personal data processed for
such purposes will be collected from the data subject (also in public
places or open to the public) or from third parties or from public
registers lists acts or documents, by electronic and on-line means and via
coupon cards and questionnaires, organised in a data bank in a mostly
automated form and associated or compared with data from different public
or private databases, and they will be in particular the following: name,
email, gender, telephone and mobile numbers, date of birth,
residence/domicile address (city, postal code, country, province/region),
family situation, level of education, data related to registration to the
Ducati website and its use, motorcycle/s owned or possessed in the past,
goods or services purchased from the official Ducati sales and assistance
network, the Ducati website or the online shop of Ducati, participations in
events organized by Ducati, Ducati App eventually downloaded or used. Only
to these purposes your personal data may be transmitted by Ducati to
companies having a contractual relationship with Ducati (such as market
research and data processing companies, advertising companies, Internet
Service Providers, ICT service companies, communications companies, data
processing companies), to companies of the Ducati group, to Ducati
subsidiary companies, or to companies part of the Ducati sales and
assistance network (such as branches, importers, dealers, distributors,
garages), even established outside European Union and that may do not
ensure an adequate level of protection of personal data according to
European Union privacy regulation, and in this case these subjects will
process data only for the above-mentioned purposes; data will be brought to
the other data processors and persons in charge of the processing (arts. 29
and 30 of the Privacy Code) knowledge designated by Ducati and by said
subjects. If now you wish to authorize such activities and afterwards you
want to withdraw your consent, it will be sufficient to send an e-mail to
contact_us@ducati.com at any time.
Regarding the aforementioned purposes, except as specially indicated above,
data provided will not be communicated or assigned to third subjects and
will not be disseminated. For updating purposes, data provided by the data
subject may be checked with other data in Ducati’s and Dealer’s lawful
possession as provided by the Data Subject or a third qualified party in
other circumstances.
In order to allow a better running, this web site ducati.com (hereafter the
“Site”) uses the i.e. cookies: these are files sent from the Site server
and stored, through the navigation program (i.e. browser) of the Data
Subject, on his/her device, in which are recorded some information to
enable faster browsing. The Data Subject will be free to be informed of the
use of cookies, limit the use or block the use of cookies by modifying the
options available in his/her navigation program (browser). The Data Subject
may also provide for the permanent erasure of cookies always through the
functionality of his/her browser. In these latter cases, the Site may not
work properly.
Providing your data for the purposes of point (i) is voluntary, i.e. it’s
not required by the law, but it’s necessary to receive the assistance, the
information and the services requested: in default of providing the data
indicated as “compulsory”, the consequence will be that the Data Subject
won't be able to receive the assistance, the information and the services
requested. Express consent by the Data Subject for the processing for such
purpose is not requested pursuant to the provisions of Section 24, par. 1,
letter b) of the Privacy Code.
Providing your data for the purposes of point (ii) is completely voluntary,
i.e. it’s not required by the law, but it’s necessary in order to be
contacted by Ducati and to allow Ducati to perform marketing activities as
described at point (i) (sending advertising material and newsletters;
commercial information on promotional and commercial initiatives of Ducati
and its network of sales and service and its partners; direct selling;
market and customer satisfaction surveys): in default of providing the data
for these purposes the only consequence will be the impossibility for
Ducati to contact you for the performance of these activities.
Providing your data for the purposes of point (iii) is completely
voluntary, i.e. it’s not required by the law, but is necessary in order to
allow Ducati to profile the Data Subject and analyse consumption patterns
and choices and to use such information in order to steer its marketing
activity and commercial offer, personalizing them towards the Data Subject:
the only consequence for not providing data for such purposes shall be the
impossibility for Ducati to proceed with the creation of the Data Subject
profile, to analyse his/her consumer choices and habits for the
aforementioned purposes.
In your capacity as data subject, you have the rights expressed in Section
7 of the Privacy Code reproduced below. Regarding the exercise of these
rights, including the knowledge of the data processors designated by the
Dealer and by Ducati, and for any other information or needs regarding your
personal data processing, please contact the Dealer at the address
available on the Site and Ducati at the following addresses: tel.
+39-051-6413423, email contact_us@ducati.com.
V.09032017
Pursuant to the Privacy Code, the Data Subject has the following rights:
Legislative Decree no. 196 of 30 June 2003 (Personal Data Protection Code)
Section 7. Right to Access Personal Data and Other Rights.
1. A data subject shall have the right to obtain confirmation as to whether
or not personal data concerning him exist, regardless of their being
already recorded, and communication of such data in intelligible form.
2. A data subject shall have the right to be informed: a) of the source of
the personal data; b) of the purposes and methods of the processing; c) of
the logic applied to the processing, if the latter is carried out with the
help of electronic means; d) of the identification data concerning data
controller, data processors and the representative designated as per
Section 5(2); e) of the entities or categories of entity to whom or which
the personal data may be communicated and who or which may get to know said
data in their capacity as designated representative(s) in the State’s
territory, data processor(s) or person(s) in charge of the processing.
3. A data subject shall have the right to obtain: a) updating,
rectification or, where interested therein, integration of the data; b)
erasure, anonymization or blocking of data that have been processed
unlawfully, including data whose retention is unnecessary for the purposes
for which they have been collected or subsequently processed; c)
certification to the effect that the operations as per letters a) and b)
have been notified, as also related to their contents, to the entities to
whom or which the data were communicated or disseminated, unless this
requirement proves impossible or involves a manifestly disproportionate
effort compared with the right that is to be protected.
4. A data subject shall have the right to object, in whole or in part, a)
on legitimate grounds, to the processing of personal data concerning
him/her, even though they are relevant to the purpose of the collection; b)
to the processing of personal data concerning him/her, where it is carried
out for the purpose of sending advertising materials or direct selling or
else for the performance of market or commercial communication surveys.