General conditions and Privacy policy

GENERAL CONDITIONS OF USE

1. Preliminary information

2. Content of the Site.

3. Copyright and other intellectual property rights

4. How to use the Site

5. Linking and framing

6. Exclusion of warranty and limitation of liability

7. Separability

8. Applicable law and Jurisdiction

9. Information about the Company

PRIVACY POLICY

1. Purposes of data processing in compliance with art. 13 Italian Legal Decree n. 196/2003- Italian Privacy Code

2. Type of data processed

3. Information on use of cookies

4. Provision of data and consequences of refusal to provide data

5. Data communication

6. Disclosure of the data

7. Rights of the interested party

8. Information about advertising activities

9. Data Controllers and Processor

GENERAL CONDITIONS OF USE

1. Preliminary information

The present document is providing the General Conditions of Use of the website published at www.ferrari.com (hereinafter respectively the “General Conditions” and the “Site”), to which anyone wishing to navigate on the Site should comply.
The access to the Site and every activity that implies the navigation on the corresponding web pages constitutes full acceptance of the General Conditions.
If the User does not intent to accept the General Conditions, he/she must abstain from navigating on the pages of the Site. Everyone accessing the Site implicitly declares that he/she shall not use the Site and all its material for unlawful use or in any case for any use contrary to the applicable laws.
The General Conditions may be modified by Ferrari S.p.A., without giving any notice to the Users, which are in any case bound to read the conditions periodically before the access to contents of the Site. The access to the Site after these modifications implies the full and unconditional acceptance of the General Conditions modified in such a way.
Whereas in the pages of the Site are offered products and services or presented contents subject to special terms and conditions as described in such pages, these special conditions will prevail on the present General Conditions.

2. Content of the Site

Description

The official Ferrari S.p.A. web site www.ferrari.com is an instrument of information and entertainment of Ferrari’s main events; the Site has the purpose of providing a wide range of promotional and commercial activities of Ferrari S.p.A., of products and services offered and on the corresponding ways to take advantage of it.

All the contents of the Site (news, photos, video files, audio files, trademarks, logos, domain names, software, graphic layout, technical certification and User manuals, etc) and the corresponding rights are hereby expressly reserved and for this reason all the material can be consulted only for personal use, being expressly forbidden any other use without the express prior written permission of Ferrari S.p.A.

What the site offers

On the Site may be available different links related to third parties websites and to other companies controlled by Ferrari S.p.A. The hypertext links have the only function of making the navigation easier for the User, without any sort of relationship between the content of the Site and the third party site linked. In addition, Ferrari S.p.A. informs that it has no power to control the third parties’ web sites linked to the Site and on the authenticity, correctness and adequacy of the products and/or the information contained in such web sites. If on the linked site the User will find special terms of use, these special terms will prevail on the General Conditions.

3. Copyright and other intellectual property rights

All the content of the Site is subject and protected by the applicable copyright and intellectual property laws.

Reproduction, transmission or extraction, in whole or in part of any material contained within the Site is strictly prohibited and it is also prohibited any other activity which may damage the legitimate interest of the author and /or the other owners of rights upon the contents of the Site.

The Site and all its content can be used exclusively for personal, research or educational purposes, with the prohibition of any direct or indirect commercial use, provided that the rights owner are duly quoted and no modification will take place on such contents.

As an example for the content of the Site is intended (including but not limited to) the following:

- Texts
- Photos;
- Movies;
- Database;
- Graphs and spreadsheet;
- Slogans;
- Audio reproductions;
- Drawings (animated or not);
- Any other graphic and /or textual representation.

It’s not allowed to copy and/or to reproduce in whole or in a part the content of the Site without the express authorization of Ferrari S.p.A. .
At the same time, Ferrari Spa is the sole owner of all the trademarks, domain names, company names and signs present on the Site, which are protected by the applicable intellectual property laws. In the light of above any sort of reproduction in whatever shape or way without the express prior authorization of Ferrari S.p.A. of the above mentioned contents is strictly forbidden and at the same time is also prohibited the registration of the trademark “FERRARI” in any top level domain.

The User is also informed that some pages on the Site may also contain third parties trademarks, domain names, company names cooperating with Ferrari S.p.A. and to which is granted the same protection of the distinctive signs of Ferrari S.p.A. pursuant to the applicable intellectual property laws.

Ferrari S.p.A. informs that is strictly forbidden any use of all the distinctive signs of Ferrari S.p.A., as metatags and/or each html language command which, even if not implying the displaying or the formatting of a certain command, provides in any case instructions to electronic agents or to search engines in order to reach – in an easier way – a website different from one of Ferrari S.p.A.

4. How to use the Site

Ferrari S.p.A. informs that the content of the Site cannot be, in whole or in a part, copied, reproduced, re-published, loaded, transmitted or distributed, in whatever way or shape, without a prior written authorization of Ferrari S.p.A., being excluded the activities of printing, downloading and displaying part of the Site’s content made for a personal exclusive use and not for commercial use, provided that all the material will not be in any way modified and that all the intellectual property information will be maintained as they appear on the Site. Moreover, the content of the site cannot be made available, in whole or in a part, through means of communications, i.e. Internet, video systems, radio waves or any other instrument without a prior written authorization of Ferrari S.p.A.

In addition, the information and materials contained on the site cannot be used for commercial purposes in order to create any sort of database resource and cannot be stored ( in whole or in a part) in previous databases, to which is possible to access both for the creator and for third parties.

5. Linking and framing

Without a prior written authorization of Ferrari S.p.A., it is prohibited the creation of links to the first page of the Site (hereinafter also the “Home Page”) as currently published at www.ferrari.com or to other internal pages of the Site.

In any case, if any User or any third party wish to create on their website a link to the Site, they shall send an email to customercare@ferrari.com indicating: a) all data of the designed technical contact person where you want to insert the link to the home page ( including the email address and the telephone number); b) all data of the requesting company; c) the web address where the link will be created; d) every further useful information in order to obtain the authorization of Ferrari S.p.A.

Ferrari S.p.A. expressly bans any specific link which redirects any User or any third party to an internal page of the Site without passing through the Home Page (“deep linking”) and any automatic link (“inline linking”) which allows the User the automatic display in a specific space of images made available at the Site.

Ferrari S.p.A. expressly ban the link-frames (“framing”), which permits to a page of the Site to appear in a specific page of another site and in addition to this effect the content of the page will appear in a frame constructed for this purpose.

The violation of the provisions of this article constitutes an illegal conduct also in respect of the unfair competition laws in force.

6. Exclusion of warranty and limitation of liability

All the content published on the Site are provided for the sole purpose of general information. Ferrari S.p.A. does not provide any warranty on its accuracy and completeness and reserves the right to modify and refresh such information without giving any notice to the user.

Ferrari S.p.A. will not be held responsible for any and all damage, direct and indirect including the loss of profit due to the use or the impossibility of the use of the Site and of its contents or web sites directly or indirectly linked and for any omission or mistake.

7. Separability

Whenever a clause of the present General Conditions will be considered illegal, null or for any other reason ineffective, such a clause will be held separate from other clauses, without mining the validity and the effectiveness of the remaining clauses.

8. Applicable law and Jurisdiction

Without any limits to any different rights that the Users should be entitled to according to any national and international rules and regulations, the General Conditions will be subject and interpreted according to Italian Law (with an exception for the rules on conflicts of law), including any dispute about the existence, validity, effectiveness of the General Conditions and of any other related agreement.

Provided all the above, any dispute that may arise in connection to the General Conditions and to any related agreement, will be subject to the exclusive jurisdiction of the Court Modena ( Italy).
By virtue of the application of Italian law, in the event of any conflict of interpretation between the English version and the Italian version of these General Conditions, the Italian version will prevail.

9. Information about the Company

Ferrari SpA Legal headquarter and factory: Via Abetone Inferiore n. 4, I-41053 Maranello ( MO)
Phone +39 0536.949111
email: customercare@ferrari.com
Head office: Via Emilia est 1163 P.O. Box 589 I-41100 Modena
Society Capital: 20.260.000 VAT paid
Number of Modena’s register R.E.A. Modena: 88683
Direction and Coordination: Fiat SpA

PROCESSING OF PERSONAL DATA

PRIVACY – INFORMATION ON PERSONAL DATA PROCESSING FOR MARKETING AND PROMOTIONAL ACTIVITIES

The present information (Information) is provided in compliance with art. 13 Italian Legal Decree n.196/2003- Italian Privacy Code to the Users interacting with Ferrari’s web services on line at www.ferrari.com (hereinafter also the “Site”) The privacy policy is valid only for the above mentioned Site and it does not apply to other Sites that may be visited by users via hyperlinks.

1. Purposes of data processing in compliance with art. 13 Italian Legal Decree n. 196/2003- Italian Privacy Code

1. The personal information of Users voluntarily made available to Ferrari S.p.A will be used:

(a) to contact Users that HAVE entered their personal details in this section of the Site in order that they might be contacted regarding product presentations, particularly of new car models, by Ferrari S.p.a and the Ferrari S.p.a. dealership and assistance network worldwide and/or subjects that collaborate in the commercial activities of Ferrari S.p.A. and/or companies controlling, controlled by and/or connected to Ferrari S.p.A. This also applies to the sending of information and promotional communications, including of a commercial nature, publicity material and/or offers of goods and services, by post, internet, telephone, emial, MMS, SMS from Italy or abroad (including from non-EU Countries).
(b) to send the newsletter(s) requested by the User
(c) for the purposes of market and statistical research and studies.

2. Type of data processed

Navigation Data

The web servers automatically record – as part of their normal activity – certain personal information implied by the use of Internet communication protocols.

The above-mentioned information is not collected to identify a specific person, but by its nature could identify the Users through some elaborations and associations with third parties’ data.

This information includes IP addresses or domain names of the computers used by the Users through which they connect to the Site, the URL addresses (Uniform Resource Identifier) of the resources requested, the time of the request, the method used for requesting the server, the dimension of the answer file, the numeric code which indicates the response of the server (good result, mistake etc) and other parameters of the operating system and of the User’s settings.

These data are retrieved with the only purpose to obtain anonymous statistical information on the use of the Site and to control its correct functioning. They are automatically deleted after the elaboration. They could also be used to ascertain the responsibility of the User in case of alleged criminal actions against the Site. But for the exceptions mentioned above, the data retrieved will not be kept for more than seven days.

Data voluntarily made available by the User

The discretional, explicit and voluntary information sent to at the email addresses indicated on the Site imply the automatic acquisition of the sender’s address, necessary to answer the requests, and other possible personal data present in the communication.

Specific information will be posted or displayed on the pages of the Site dedicated to specific “on demand” services.

3. Information on use of cookies

The Site uses “cookies” technology. Cookies are information that could be saved from the browser to the User’s hard disk with the purpose of recording the User’s navigation of the Site, with the consequence that every time the User returns to visit the Site, the User can be identified together with the eventual preferences previously made available.
These cookies allow our Site to be personalised and navigation can be made easier for the User through a numeric control of visits to various web pages which results in better presentation of the more requested information. The cookies used only pick up anonymous information and thus will not result in your personal data being processed. Nevertheless, the cookies may be used for recording the login data of the Users for automatic recognition (avoiding the User having to insert the username and password each time the User will be entering the site).
Most current browsers automatically allow cookies, but the User has the option to set his browser in such a way to exclude, display before accepting them and eliminate the cookies. Moreover, it will be at any time possible to disable the cookies by modifying the browser’s settings, but this choice may slow down or impede access to certain areas of the Site. In any case, however, apart from the aforementioned navigational data, no other personal information will be stored with the obvious exception of the personal details that the User voluntarily provides.
The User’s personal details will be handled using suitable electronic and/or hard copy tools, in such a way as to guarantee the confidentiality and security of the details within the purposes of the data processing.

4. Provision of data and consequences of refusal to provide data

The provision of the User’s personal data is voluntary; nonetheless, any refusal to provide such details and/or the provision of incorrect and/or incomplete information will make it impossible for the User to be contacted regarding presentations of Ferrari products or for the User to receive newsletters and information/promotional communications, including of a commercial nature, or to participate in statistical and market research studies.

5. Data communication

The User’s personal details collected by Ferrari will be communicated to the Ferrari dealership and assistance network as well as to entities collaborating in commercial activities with Ferrari S.p.A. and companies controlling, controlled by and/or connected to Ferrari S.p.A. for the purposes indicated in point 1.
Within Ferrari S.p.A. said details may become available to the Companies bodies, to the Company’s staff, with particular reference to those employed in the development of products sold online, Customer Care, marketing activities, technical assistance, and the Personal Data Processor and the designated data processing staff.
The User’s personal details may be communicated to approved individuals/companies which provide Ferrari S.p.A. with services for the purpose described above in article no.1 herein, including individuals and companies which are involved in the management and/or maintenance of our Sites and the electronic equipment used by Ferrari S.p.A. and shipment and/or delivery of the products. Pursuant to the objectives described at article n.1, Ferrari S.p.A. may also avail of the following categories of individuals/entities which may, in the course of their work, become aware of your personal details: approved entities such as, for instance, banks, insurance companies, suppliers and sub-contractors, which provide Ferrari S.p.A. with various services instrumental to the sending of the newsletters and information/promotional communications, including of a commercial nature, market and statistical research processing, the organisation and staging of events, including of a promotional nature, legal, tax, insurance, accountancy, organisational; any other individual to whom the data may have to be communicated under the terms of a specific legal provision.
The User’s personal data may also be transferred abroad including to non-EU countries where Ferrari S.p.A. is pursuing business interests.

6. Disclosure of the data

The User’s personal data will neither be disclosed nor communicated to third parties apart from those indicated herein.

7. Rights of the interested party

In relation to the purposes outlined in article 1, the User may exercise the rights provided by article 7 of Legal Decree n.196/2003, transcribed below for your convenience.

Art.7 – Right to access to personal data and other rights

1. The interested party 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 interested party 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 individuals/companies or categories of same as the designated representative within Italian territory, data processing managers or staff.
3. The interested party has the right to: a) update, correct or, if applicable, supplement the data; b) the erasure, 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 interested party 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.

8. Information about advertising activities

The participation of the User in our marketing activities is voluntary and in strictly compliance with art. 7 comma 4, letter b) and art. 130 of the Italian Privacy Act concerning electronic communications via email, telefax, MMS (Multimedia Messaging Service) or SMS (Short Message Service).

9. Data Controllers and Processor

The Data Controllers are:
1) Ferrari S.p.A., with legal headquarter at Via Emilia Est no. 1163 and operative branch at Via Abetone Inferiore n.4, 41053 Maranello (MO); c.f./VAT 00159560366; REA MO – 88683;
The Human Resources Manager, Granturismo division, domiciled for the purposes of the above referenced role at the operative branch of Ferrari S.p.A. at Via Abetone Inferiore n.4, Maranello (MO) is designed as the Data Processor. Any request relating to personal data processed by Ferrari S.p.A. and Triboo S.p.A. can thus be addressed to said individual at the legal headquarter of Ferrari S.p.A., or by writing to the following email address: customercare@ferrari.com or to the following fax number: +39 0536 949931.