Privacy Notice under the General Data Protection Regulation (the «Regulation»)
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. Purposes of processing and consequences in case of refusal to provide your personal data
Ducati processes the personal data that you provide when you register for the «Days of Joy» initiative and related activities, such as “Riding Experience”, «Barbecue», «Scrambler Chill Area» (the «Initiative(s)») and the data collected during the course of the Initiative(s). Ducati processes your personal data for the purposes described below.
(a) Purposes necessary for the management of your participation in the Initiative(s)
Ducati processes your personal data to the extent necessary to manage your participation in the Initiative(s), which may take place over one or more days, depending on the case. We process your personal data for the execution and fulfilment of the contract, including the resulting services and obligations.
Ducati also processes your personal data to comply with legal and regulatory obligations arising from the management of your participation in the Initiative(s) (for example in administrative and accounting matters) and for the exercise of rights in court.
For these purposes we process data such as first and last name, gender, email, telephone number, date of birth, data relating to residence/domicile (city, postal code, country, province/region), driving license data, information required to allow the rental of technical clothing, when required. For activities involving the consumption of food and beverages, we may process health data if you report any allergies or intolerances or any preference for religious reasons. This information is used by Ducati for the sole purpose of satisfying any specific requests you may have to enable you to participate in the Initiative(s).
For the purposes indicated above, it is necessary to provide your personal data and refusal to do so would prevent you from participating in our Initiative(s).
b) Additional objectives: marketing and profiling
For marketing and profiling purposes Ducati does not collect or process minor data or information relating to your health regarding your specific dietary requirements and requests.
With your consent, which is optional, Ducati uses your personal data for marketing purposes, i.e. to send you promotional newsletters, commercial or advertising communications on sales and promotional initiatives of Ducati, its sales and service network and its partners, for direct sales activities, for market researches and satisfaction surveys, as well as for statistical analysis with anonymous data, organised in aggregate form.
Marketing activities are carried out by e-mail, newsletters, operator telephone calls, SMS, MMS, chat, instant messaging, social networks, blogs and traditional mail, including the sending of invitations to events organised by Ducati or in which Ducati participates. You may at any time indicate the method of contact you prefer among those listed above and may object to the receipt of promotional communications through all or only some of the channels of communication mentioned above.
With your consent, which is optional, Ducati collects information about your preferences, habits, lifestyle and the details of the purchases made and will use it for the creation of group and individual profiles («profiling») that are used to send customised communications and carry out market research and statistical research with anonymous data, organised in aggregate form.
Customised marketing activities are carried out by e-mail, newsletters, operator telephone calls, SMS, MMS, chat, instant messaging, social networks, blogs and traditional mail, including the sending of invitations to events organised by Ducati or in which Ducati participates that we deem could be of interest to you. You may at any time indicate the method of contact you prefer among those listed above and may object to the receipt of promotional communications through all or only some of the channels of communication mentioned above.
For marketing and profiling activities, Ducati uses data such as name and surname, gender, email, telephone number, date of birth, data relating to residence/domicile (city, postal code, country, province/region), family status, level of education, data relating to interaction with our digital initiatives (websites, apps, blogs, social media), Ducati products owned over time, goods and services purchased from our official sales network and online through Ducati websites and apps, participation in events organised by Ducati or in which Ducati participates.
Providing your personal data for the above marketing and profiling purposes is optional and a refusal will not have any effect on your participation in the Initiative(s).
2. Methods and legal bases for processing
Ducati processes your personal data with and without the aid of electronic tools, based on the 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 you register with the Initiative(s), acquired during visits to our dealers and resellers, provided during interaction with our digital initiatives (websites, apps, blogs, social media), events organised by Ducati or in which Ducati participates.
In compliance with the Regulation, your personal data – as acquired from time to time by you or by authorised third parties – may be used to update and correct the information previously collected.
Ducati processes your personal data on the basis of the following criteria of legitimacy:
- the fulfilment of obligations deriving from a contract between you and Ducati;
- the fulfilment of legal obligations;
- your consent;
- Ducati’s legitimate interest in carrying out commercial activities.
3. Disclosure of your personal data to third parties
Personal data are accessible to our duly authorised personnel (e.g. Sales & Marketing, CRM, Service, IT staff) as needed, 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 information like authorities and public bodies for their respective institutional purposes. As provided for in the terms and conditions regulating your participation in the Initiative(s), your personal data will be disclosed by Ducati to the managers or owners of the racetracks that will host the Initiative, insurance companies and to the police forces or other public authorities in relation to any request, dispute, sanction or measure related to the riding of the motorcycle in the period in which it is or has been in your custody and availability during the Initiative(s), such as infringements of road traffic regulations in Italy and abroad;
(ii) disclosure to third parties in the case of extraordinary transactions (e.g. mergers, acquisitions, sale of companies, 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, for example for the management of payments, companies specialised in market surveys and data processing, advertising firms, etc. 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.
Ducati does not communicate your data to third parties so that they can use it for their own marketing or profiling purposes.
4. Transfer of personal data outside the European Union
Some of the above subjects may be located outside the European Union, in countries that do not provide an adequate level of protection for personal data according to the standards of 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 can request information on the transfer of your personal data abroad at any time by contacting Ducati or the Data Protection Officer of Ducati at the addresses specified below.
5. Storage of personal data
Personal data processed for the purposes of managing your participation in the Initiative(s) will be deleted after 10 years from the conclusion of the specific Initiative to which they refer.
For marketing and profiling purposes, the data are kept for the time strictly necessary to pursue these purposes, within the limits allowed by the Regulation. You may at any time request the deletion of data for such purposes and object to the processing of data for marketing purposes.
This is without prejudice to cases in which, in order to fulfil a legal obligation, to exercise or defend its rights in courts, Ducati is authorised to store the data for a different period of time.
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 Officer 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 at any time the following rights as per art. 15 et seq. of the Regulation; obtain confirmation of the existence of your data; verify their content, origin, accuracy; request their completion, updating, rectification, deletion, anonymisation; request data portability, limitation of processing; object to their processing for legitimate reasons, including objecting to marketing activities; submit an application to the Supervisory Authority (the Authority for the Protection of Personal Data).
In addition, 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 it is demonstrated that Ducati has prevailing legitimate reasons for proceeding with processing (e.g. the exercise or defence of a right in court).