Privacy notice for the processing of personal data
In accordance with the provisions of the General Data Protection Regulation no. 679/2016 (“GDPR”)
The company Ducati Motor Holding S.p.A. (“Ducati”) as data controller informs you of the following regarding the processing of your personal data pursuant to art. 13 of EU Regulation 2016/679 on the protection of personal data (“Regulation”).
1. Data Processing Purposes
Ducati processes the personal data that you provide upon registration on our website https://www.ducati.com/ww/en/home (“Site”) and on the specific sections of the same during events, fairs and shows organized or attended by Ducati and the personal data collected during your interaction with Ducati, including details of your purchases.
(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 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 after-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 (for instance, by contacting you after you requested a quotation) also through transmission of data by Ducati to our sale network (i.e. dealers) or to third parties which Ducati has a contract with.
In addition, Ducati processes your personal data to comply with laws and regulations relevant to the above specified activities and to exercise legal claims.
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 newsletters, commercial or advertising communications, for direct sales, product surveys aimed at detecting Customers’ and Prospects’ satisfaction degree.
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 also include offers on products, services and initiatives of Ducati’s commercial partners.
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, and services that you require, including post sale services. To verify or modify your preferences you may at any moment access your profile page at My Ducati, in the section Privacy Management.
· On the basis of the legitimate interest of Ducati, in compliance with the GDPR and within the limits of Italian law (Article 130, paragraph 4 of Legislative Decree 196/2003 as amended by Legislative Decree 101/2018), we may use the e-mail address you provided when purchasing our service and/or performance and/or product to offer services, performance and products similar to those you purchased (so-called “soft spam”). However, if you do not wish to receive such communications, you may notify Ducati at any time by using the link on the e-mail communications you receive. In this case, Ducati will interrupt the aforementioned activity without delay.
We may also send you surveys for non-commercial purposes, being absolutely not mandatory, if you would like to help us evaluate and improve the quality of our customer service. We collect data from your survey responses (both service and product surveys) which on their own or if used together with other information we hold about you, may allow us to identify you.
· In relation to the Ducati Link App, in order to use some of the functionalities offered 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. In particular, you can activate and deactivate at any time, through the 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, the recording of riding parameters, and can receive warnings on bike maintenance and conditions. The data related to your geographical position and your movements are processed by Ducati only to activate the functions of the App when you request such functions. Data will be recorded both on your device and on Ducati’s servers, so that you can also access them through MyDucati platform even in case of subsequent replacement or loss of your device. You may at any time delete the data recorded via the App itself or your MyDucati account.
2. Method of processing and legal grounds for processing
Ducati will process your personal data with and without the aid of electronic means, based on logics and procedures consistent with the purposes specified below and in compliance with the Regulation, including the aspects of confidentiality and security.
The data may be provided by you when registering in our points of sale on paper forms and/or on electronic means, acquired during visits to our dealers and resellers, provided during events, fairs and shows in which Ducati participates or organised by Ducati, members of the Ducati sales and assistance network or by Ducati’s commercial partners, or provided during your interaction with Ducati’s websites, internet and mobile applications.
In compliance with the Regulations, your personal data is used to update and rectify the information collected previously.
Your personal data are processed based on your consent, a legitimate interest of Ducati for the performance of commercial activities, obligations arising from a contract entered into between you and Ducati, or legal obligations.
You have however the right to withdraw the consent given at any time, thus withdrawal however not affecting the legitimacy of any previous processing.
3. Recipients of your personal data
Personal data are accessed by our duly authorized personnel on a need-to-know basis and disclosed to third parties in the following cases: (i) when disclosure 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) when disclosure is necessary to perform a contract or pre-contractual activities activated by your request, e.g. communication of your data to one of our Dealers or business partners to enable it to provide you with the information, products or services requested by you; (iii) in case of disclosure to third parties in the event of extraordinary transactions (e.g. mergers, acquisitions, sale of business, etc.).
Your personal data are also shared with our service providers, e.g. services of a technical and organisational nature for the purposes specified above, like independent contractors, even with associates, delivery, marketing and payment management companies. We provide these entities with only the data necessary to perform the agreed services and they act as Data Processors, based on the instructions received from Ducati.
Finally, in order to provide you with the Ducati products and services you have requested (e.g. to ensure that you may obtain the same benefits worldwide), other companies in the Ducati Group, importers, dealers and our commercial partners may access your personal data under applicable privacy law.
4. Transfer of personal data outside the European Union
Some of the companies of the Ducati Group, the sales network or third parties contractually linked to Ducati that may access your personal data are also established outside the European Union, in countries that do not guarantee an adequate level of protection of personal data according to the standards established by the Regulation. Ducati takes the necessary precautions for a legitimate transfer of data (e.g. through the implementation of Standard Contractual Clauses approved by the European Commission). You may request information on the cross-border transfer of your personal data at any time by contacting Ducati or Ducati’s Data Protection Officer at the addresses provided below.
5. Storage of personal data
Your personal data are kept by Ducati for the time being strictly necessary to pursue the purposes for which they are collected. Legal regulations impose obligations to keep documents for accounting and administrative purposes that according to the ordinary period of limitation of the contractual actions we will cancel after 10 years, starting from the moment of contract termination.
The data recorded by our Apps (e.g. Ducati App Link) will be kept for 12 months starting from your last access, while the Account, including the data you entered yourself, will be deleted upon your specific request.
The personal data processed for the “further purposes” listed above, will be kept for a maximum of 5 years for non-Customers and 10 years for Customers and former Customers. Such a term is considered appropriate given the frequency of purchase of our products, which are deemed to be luxury goods.
Once the retention period has expired, personal data will be automatically deleted or made anonymous.
Upon request to the Data Controller and Data Protection Officer, the Data Subject may receive detailed information on the storage times of personal data processed by Ducati pursuant to the Regulation.
6. Data Controller and Data Protection Officer
The Controller of personal data processing is: Ducati Motor Holding S.p.A, with headquarters in Via Cavalieri Ducati 3 – 40132 Bologna (BO), Italy. The Data Protection Officer is domiciled at the headquarters of the Data Controller and can be contacted at the following email address: firstname.lastname@example.org.
7. Your rights
You can contact Ducati as the Data Controller or Data Protection Manager at the above addresses to get an updated list of our data processors (i.e. our service providers), of the parties to whom the data are disclosed and to exercise the following rights as per art. 15 et seq. of the Regulation; to get access to your data to verify their existence and other information related to them, to obtain their rectification or cancellation, to request data portability, to obtain limitation of processing and to lodge a claim to the Supervisory Authority (the Authority for the Protection of Personal Data).
In addition, you may, at any time, object to the processing of your personal data processed for direct marketing purposes and, if required by a particular situation, you may object to the processing of your personal data on the basis of Ducati’s legitimate interest unless Ducati has prevailing legitimate reasons for proceeding with processing (e.g. the exercise or defence of a right in court).