This privacy statement (the “Statement”) is being provided by Ferrari S.p.A. in compliance with article 13 of Legislative Decree no. 196/2003 –Personal Data Protection Code, to users of Ferrari S.p.A. web services accessible remotely through the www.southbay.ferraridealers.com website (hereafter referred to as the “Site”).
This privacy statement refers only to the Site and not to any other Ferrari websites that the user may consult via links as these are covered by a different and specific privacy statement.
1. Purposes of data processing under the provisions of article 13, Legal Decree no. 196/2003 – Personal Data Protection Code
1. Personal data voluntarily made available to Ferrari S.p.A. by Users will be collected and used to:
(a) Meet the Users’ requests to avail of the services provided through the Site, such as for instance: booking test-drives, maintenance services and technical assistance, road-side assistance, vehicle certification and all other services made available through the Site, by Ferrari S.p.A. and/or any companies controlling and/or associated to and/or controlled by it, its sales and assistance network and/or physical and/or legal entities that collaborate in the commercial activities of Ferrari S.p.A.;
(b) Conduct marketing activities such as: the sending of newsletter/s requested by the User, statistical and market research studies and surveys, the organisation and staging of events and happenings, including of those a promotional nature, the eventual sending of informational and promotional communications, advertising materials and/or offers of goods and services by post, internet, telephone, email, MMS, SMS from Italy or from abroad (including from non-EU countries) by Ferrari S.p.A. and/or any companies controlling and/or associated to and/or controlled by it, its sales and assistance network and/or physical and/or legal entities that collaborate in the commercial activities of Ferrari S.p.A
2. Types of data processed
In the normal course of their functioning, the computer systems and functional software procedures used by the Site result in the acquisition of certain personal data the transmission of which is implicit in the use of internet communications protocols.
This information is not gathered with the aim of being associated with any identified interested parties, but which, by its very nature, could, through processing and associations with information held by third parties, allow the identification of Users.This category of information includes the IP addresses and domain names of the computers used by the Users who connect to the Site, the addresses in URI (Uniform Resource Identifier) notation of the resources requested, the time the request is made, the method to make the request to the server, the size of the file received in response, the server response code indicating the status of the response (successful, error, etc.) and other parameters relating to the User’s operating system and computer environment.
These data will be used only to generate anonymous statistical information regarding the use of the Site and to check its correct functioning and will be deleted immediately after processing. The data may be used to establish responsibility in the case of computer crimes. This eventuality aside, data on web contacts are not held for any longer than seven days.
Data provided voluntarily by the User
In order to avail of the services described in point 1, Users of the Site may be requested to voluntarily provide certain personal information such as Christian name, surname, email address and telephone number.
Furthermore the elective, explicit and voluntary sending of email to the addresses indicated on this Site will result in the acquisition of the sender’s address (necessary to fulfil any requests made) in addition to any other personal data that might be included in the communication.
Lastly, further information may be gathered in relation to specific services requested by the User; in such instances, specific and separate privacy statements will be provided to the User through the pages of the Site which have been specifically set up for these services.
3. Cookies (art. 5 Directive 2002/58/EU)
What are they?
The Site uses “cookies”. These are small text files which are downloaded by the browser to the navigation software used by the User when he/she visits an internet site. The cookies are then subsequently retransmitted during the navigation session (“temporary cookies”) or on every following visit made by the User (“permanent cookies”) to the site from where they came from or to any other site capable of recognising that specific cookie. This allows the site to recognise the navigation device of the individual user.
What they do
Generally speaking these files are used by the site managers to, amongst other things, remember the User’s log-in data and then automatically recognise them (thus removing the need to retype username and password every time), to manage services such as home banking and online shopping, to personalise a website, to make navigation easier for the user, and, by checking the number of times the various web pages are accessed, present the information most requested by the User more effectively.
Sometimes cookies can come from third parties who are different from the manager of the site visited by the User (“third party cookies”). These cookies may or may not contain personal information about the user.
The main types
Cookies can generally be divided into 4 main categories:
(1) Strictly necessary cookies: these are essential for the User to move around the site and use its services. Without them it would be impossible to provide the User with the services he/she requests. This is the case, for instance, of secure transaction cookies for home banking and cookies which remember purchases for online shopping or cookies that make it easier to download web pages visited;
(2) Cookies functional to the performance of the Site or analysis of its functioning (“performance cookies”): these gather information relating to the pages most often visited by users and error or malfunction messages relating, for example, to relating to incorrect displaying of web pages; they don’t collect personal information regarding individual users, simply aggregate information useful to improving the functioning of the site;
(3) Cookies functional to the usability of the Site and services (“usability cookies”): these allow the site to remember certain information chosen by the user or referable to him/her (for example, user name, pre-selected language, nationality, preferences) to improve the navigation experience; they can also allow the recording of choices made regarding the layout of pages visited or facilitate the provision of services requested by the User (for instance by saving the geographical area the User comes from and automatically linking the services requested to it). They gather personal data which can nonetheless remain anonymous;
(4) Targeting or marketing cookies: these remember the browsing patterns of the user with the aim of providing the latter with advertising messages that correspond to his/her interests and preferences or to avoid resending the same advertising message as well as to measure the efficacy of advertising campaigns through statistical analysis of data; these are, in certain cases, sent by advertising operators with the consent of the site manager and can provide not only the site manager but also third-party advertising operators with information on the User’s navigational habits (“third party cookies”).
Cookies used by the Site
1 (strictly necessary cookies) with the aim to provide the requested services,
2 (performance cookies) with the aim of improving the functioning of the site,
3 (usability cookies) with the aim of remembering the User’s country of origin, the language selected by the User and their list of favourite cars.
Whenever the Site employs, for certain functionalities, cookies different from the abovementioned or belonging to category 4 (targeting or marketing cookies), the User’s consent will be expressly requested by a specific request bar or window.
Configuration of browser and removal of cookies
Please remember also that most current browsers automatically accept cookies. Nonetheless, the User does have the ability to configure his/her browser so that cookies are not accepted.
It also possible for the User to request cookies to be excluded at any time by changing the settings of his/her browser, and to delete cookies already received from said navigation device.
However, please also remember that refusing to accept cookies can slow down or even prevent access to certain parts of the Site and that deleting cookies already received will also result in the deletion of your preferences which are managed and remembered by said cookies.
4. Data processing methods
The User’s personal data is processed using specific electronic and/or paper means employing logics closely correlated to the abovementioned purposes and in such a way as to guarantee the security and privacy of the data itself.
5. Provision of data and consequences of non-provision
Provision of personal data is voluntary. However, any failure to do so and/or the provision of incorrect and/or incomplete information may make it impossible to meet the User’s requests, send the requested newsletters, allow the User to participate in statistical and market research surveys and projects, and events and/or happenings as well as the sending of informational and promotional communications, including those of a commercial nature.
6. Data disclosure
The User’s personal data collected by Ferrari will be disclosed to: the Ferrari sales and assistance network worldwide as well as to individuals/companies collaborating with Ferrari S.p.A. in its commercial activities, and to controlling, controlled and/or associated companies of Ferrari S.p.A., in accordance with the objectives outlined in point 1.
Within Ferrari S.p.A. itself, the User’s personal data may be made known to various divisions of Ferrari S.p.A., the company staff, in particular employees of the Sales and Marketing Division and the Information Systems Entity, and, in any case, to the Data Controller and other individuals processing personal data as part of their jobs.
The User’s personal data may also be communicated to qualified individuals/companies that provide Ferrari S.p.A with services instrumental to the purposes indicated in article 1 of this statement. These include MotorTrak Ltd., a company that deals with the development and maintenance of the Site, other individuals/companies that manage and/or participate in the management and/or maintenance of our websites and the electronic devices used. In its pursuit of the activities outlined in article 1, Ferrari S.p.A. may also avail of the following categories of individuals/companies who may be made aware of the User’s data: banks, insurance companies and businesses, suppliers and subcontractors; qualified companies/individuals who provide Ferrari S.p.A. with services instrumental to the sending of newsletters, the processing of statistical and market research, the organisation and staging of events and happenings, including those of a commercial nature, the sending of informational and promotional communications, including those of a commercial nature, legal, fiscal, social security, accounting, organisational aspects; any other company/individual to whom the data must be expressly communicated under law.
Personal data may also be transferred abroad in compliance with current legislation. This includes to non-EU countries where Ferrari S.p.A. pursues its interests.
7. Dissemination of data
The User’s personal data will neither be disseminated nor communicated to other individuals/companies aside from those listed in this statement.
8. The User’s rights
In relation to the data processing outlined in article 1, the User (or “data subject”) may exercise the rights provided for in article 7 of Legal Decree no. 196 of June 30th 2003 which, for convenience sake, is transcribed in full below:
Art.7. Right to access to personal data and other rights
1. The data subject has the right to confirmation of the existence or otherwise of his or her personal details, even if this data has not yet been recorded and to access to same in an intelligible form.
2. The data subject has the right to be advised of : a) the origin of said personal details; b) the purposes for which and the means by which they will be processed; c) the procedures that will be followed for processing completed using electronic means; d) the identity of the controller, the data processing managers and the representative designated under the terms of Article 5, paragraph 2; e) the identity of individuals/companies or categories of same to whom the data may be communicated or which may come to be aware of them as the designated representative within Italian territory, data processing managers or staff.
3. The data subject has the right to: a) update, correct or, if applicable, supplement the data; b) the deletion, transformation into anonymous form or blocking of any illegally processed data, including data whose preservation is not required for the purposes for which the data was gathered or successively processed; c) confirmation that the operations and content referred to in points a) and b) has been brought to the attention of the individuals/companies to whom the data have been communicated or with whom they have been shared, unless this proves impossible or involves the use of means which are disproportionate to the right involved.
4. The data subject has the right to object wholly or in part: a) for legitimate reasons to the processing of his/her personal data despite the fact that they were requested for pertinent reasons; b) to the processing of his/her personal information for the purpose of contacting same for advertising or direct sales, for market research or commercial communications purposes.
9. Processing of personal data for direct marketing purposes - undesired communications (Art.13 Directive 2002/58/EC, art.130 Privacy Code )
The Data Controller does not use automatic call systems without the intervention of an operator for the sending of advertising material or direct sales or to conduct market research or commercial communications, via email, fax, MMS (Multimedia Messaging Service) or SMS (Short Message Service) or any other kind.
10. Data Controller and data processor
The Data Controller is Ferrari S.p.A., whose legal headquarters is at Via Emilia Est, no. 1163, Modena, and whose operational headquarters is at Via Abetone Inferiore no.4, 41053 Maranello (Mo); c.f./P. IVA 00159560366; REA MO- 88683;
With reference to personal data processed on Ferrari S.p.A.’s behalf, the Data Processor is the Human Resources Manager, domiciled for the purposes of the aforementioned role at Ferrari’s operational headquarters at Via Abetone Inferiore 4, Maranello (MO). Any requests relating to personal data processed by Ferrari S.p.A. may be addressed to the aforementioned at the company’s legal headquarters or by writing to email@example.com or faxing +39 0536 949931.
11. Consent to processing of personal data
Consent required for use of services (point 1 letter (a) of statement)
The User’s consent is required for the processing of his/her personal data by the Data Controller for the purposes and using the means indicated in this statement, including the communication of data to individuals and companies listed above, specifically to meet the User’s request to avail of services made available through the Site.
Consent for marketing activities (point 1 letter (b) of statement)
Separate consent from the User is also required to allow: the sending of the newsletter(s) requested by the User, the User to participate in statistical and market research studies and surveys, the User to participate in the organisation and staging of events and happenings, including those of a promotional nature, and also the sending of informational and promotional communications, including those of a commercial nature, advertising materials and/or offers of goods and services (including from non-EU countries) by Ferrari S.p.A. and/or by companies controlling and/or connected to and/or controlled by it, its dealership and assistance network and/or physical or legal entities that collaborate in Ferrari S.p.A.’s commercial activities.
Whenever the Site uses, for certain of its functions, cookies belonging to category 4 (targeting or marketing cookies), the User’s consent will be expressly requested via a specific request bar or window.