Privacy Notice for Members of the Ferrari Owners' Club
In this Privacy Notice the following expressions shall have the following meanings:
- "Data Controller" means the natural or legal person which determines the purposes and means of the Processing of Personal Data. In the present case, the Club and Ferrari are the Data Controllers.
- "Data Processor" means a natural or legal person which, alone or jointly with others, Processes Personal Data on behalf of the Data Controller.
- "Ferrari Group Companies" means Ferrari N.V. subsidiaries and/or affiliates of Ferrari.
- "Members" means the Members of the Club owning a Ferrari car.
- "Personal Data" means any information relating to an identified or identifiable natural person.
- "Privacy Laws" means the applicable laws relating to the Processing of Personal Data that may exist in the relevant jurisdictions where the Personal Data are Processed. As of May 25th, 2018 the Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation; hereinafter "GDPR") will apply to the Processing of Personal Data in the European Union.
- "Processing" means any operation or set of operations which is performed upon Personal Data or sets of Personal Data, whether or not by automated means. such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Compliance with Privacy Laws
Personal Data provided by Members to the Club and to Ferrari, such as their name, surname, e-mail address, telephone number and Ferrari car(s) owned will be Processed in accordance with the Privacy Laws.
Purposes and procedure of the Personal Data Processing
The Personal Data collected by Ferrari and the Club will be used for purposes strictly related to the contractual relationship between the Club and Ferrari. Specifically, the Club and Ferrari, as autonomous Data Controllers, will Process Personal Data in order to comply with all contractual and legal obligations, present and future.
The Club, as autonomous Data Controller, will use Members' Personal Data for the following purposes:
- to carry out all the activities related to the Club membership as a consequence of Members' request of registration as well as to, where possible, respond and satisfy any of the Members' requests;
- to send technical and/or organizational communications based on the Club membership;
- to perform satisfaction surveys related to the Club and the events organized;
- for the organization and carrying out of events including those of promotional nature;
- to promote the Club's communication and relationship with other Clubs and to jointly organize events.
Ferrari, as autonomous Data Controller, will use Members' Personal Data (i.e. name, surname, e-mail address, telephone number) for the following purposes:
- upon Members' express consent, to send commercial and/or promotional communications regarding products and services of Ferrari S.p.A., as well as to conduct market research;
- upon Members' express consent, to analyze usual behaviors, habits, and purchasing preferences, in order to improve the products and services provided by Ferrari S.p.A.., as well as to fulfil certain customer demands;
- upon Members' express consent, to inform the subsidiaries directly and indirectly controlled by Ferrari N.V. and/or affiliates of Ferrari S.p.A. ("Group Company Ferrari"), which may process Members' Personal Data to send commercial and/or promotional communications about products and services from the aforementioned companies, as well as to conduct market research.
The Personal Data may be Processed in hardcopy, by automated or electronic means including via mail or e-mail, phone (e.g. automated phone calls, SMS, MMS), fax and any other mean (e.g. websites, digital apps).
Consequences of failure to provide Personal Data
Submitting Personal Data is not mandatory. However, not providing the Personal Data for the purposes provided in art. 3, let. a) of the present Privacy Notice may cause the impossibility to execute the agreement and/or to comply with the obligations arising out of the agreement between Ferrari and the Club and/or may prevent you from making use of services related to the Club membership.
The Data Controllers
The Club, with registered office in Jeddah, Alamir Mohammed Bin Abdulaziz Street, Concorde Plaza, Suite 201, Saudi Arabia, as independent Data Controller. Members may contact the Data Protection Officer at the email address firstname.lastname@example.orgMembers may contact the Club for clarifications on this Privacy Notice and/or on privacy matters concerning Members by writing an e-mail to: email@example.com.
Ferrari S.p.A., with registered office at via Emilia Est 1163 – Modena (Italy) 41122, Italy, VAT Reg. No. 00159560366, as independent Data Controller. For any clarification, request, or requirement linked to Members privacy and the processing of Members 'Personal Data, Members may contact Ferrari S.p.A., at via Abetone Inferiore 4, 41053 Maranello (MO), Italy. Furthermore, Members may contact Ferrari Data Protection Officer ("DPO") either by writing to the aforementioned address, or via email to firstname.lastname@example.org.
Recipients of the Personal Data
For the purposes provided in art. 3 of the present Privacy Notice, the Personal Data may be communicated to third parties to comply with legal obligations, to execute public authorities orders or to exercise a right before judicial authorities.
Personal Data transfer outside of the European Economic Area
Within their contractual relations Ferrari and the Club may transfer the Personal Data to countries outside of the European Economic Area ("EEA"), including store them in databases managed by entities acting on behalf of the companies. Databases management and Personal Data processing are bound to the purposes of the processing and are carried out according to Privacy Laws.
In case the Personal Data is transferred outside of the EEA, Ferrari and the Club will use any appropriate contractual measures to guarantee an adequate protection of the Personal Data including – among the others – agreements based on the standard contractual clauses adopted by the EU Commission to rule the transfer of personal data outside of the EEA.
Personal Data Processed in accordance with art. 3, let. a., b, c., d., e. of the present Privacy Notice will be retained by the Club for the period deemed strictly necessary to fulfil such purposes. However, the Personal Data might be stored for a longer period of time in case of potential and/or actual claims and resulting liabilities related to such purposes. Personal Data Processed for marketing purposes will be kept by the Club from the moment the Member gives his/her consent until the moment he/she withdraws the consent. Once consent is withdrawn, Personal Data will no longer be Processed for these purposes, although they may still be kept by the Club, in particular as may be necessary to protect the Club's interests related to potential liability related to this Processing unless further clarification are provided by the competent Supervisory Authority in this regard.
Ferrari retains the Personal Data for 10 (ten) years from the time it was provided for purposes listed within art. 3, points i., ii., iii., unless consent is revoked. If consent is revoked, Members' Personal Data may not be processed for the aforementioned purposes but may still be kept to manage any objections and/or disputes.
Members are entitled to the following rights to be exercised towards Ferrari and the Club:
- right to access means the right to obtain information from Ferrari and the Club as to whether the Member's Personal Data is being Processed and, where applicable, have access to them;
- right to rectification and right to erasure means the right to obtain the rectification of inaccurate and/or incomplete Personal Data, as well as the erasure of Personal Data when the request is legitimate;
- right to restriction of Processing means the right to request suspension of the Processing when the request is legitimate;
- right to data portability means the right to obtain Personal Data in a structured format, ordinary used and readable, as well as the right to transfer Personal Data to other controllers;
- right to object means the right to object to the Processing of Personal Data when the request is legitimate, including when the Personal Data are Processed for marketing or profiling, if applicable;
- right to lodge a complaint with a supervisory authority in case of unlawful Processing of Personal Data.
To exercise the abovementioned rights, Members can write to:
- the Club, Jeddah, Alamir Mohammed Bin Abdulaziz Street, Concorde Plaza, Suite 201, Saudi Arabia, or contact the latter at the following e-mail address: email@example.com.
- Ferrari S.p.A., via Abetone Inferiore, 4, 4105, Maranello (MO), Italy or send an email at firstname.lastname@example.org .