1. Data Controller
This information notice is provided by Pagani Automobili S.p.a. - Via dell’Artigianato n. 5 - Vill. La Graziosa 41018 San Cesario sul Panaro (MO) Italy, Tel. +39 059 4739201 - Fax +39 059 927377, firstname.lastname@example.org (“Pagani”), in the capacity of Controller of personal data (“Data” or “Personal Data”) provided by the Data Subject.
2. Data processed
The Personal Data processed by Pagani for the purposes described below consists of personal details (e.g. name, surname, place and date of birth, country of residence, address, etc.), contact details (e.g. telephone, e-mail, etc.), and other Personal Data provided by the data subject (e.g. bank details and identity documents, VIN, etc.).
3. Processing purposes
The Data shall be processed for the following purposes:
- When the data subject (e.g. as potential customer) comes directly into contact with Pagani Automobili, to process the requests of the data subject and perform pre-contractual activities, such as contact requests, quotes, negotiations and their evaluation, exchange of proposals (Pre-contractual activities);
- When the data subject (e.g. as customer) comes directly into contact with Pagani Automobili, to provide the information and services that the data subject has explicitly requested or may require, to correctly fulfil the contractual obligations undertaken by Pagani directly with the data subject and vice versa, for example the sale of products and services (cars, kits, events, technical assistance services, etc.), (Supply of goods/services and Contractual obligations);
- To fulfil obligations provided for by laws, Union regulations and rules, or provisions issued by authorities authorised to do so by law and by supervisory and control bodies, including the possible exercise of rights in court, and to fulfil any accounting and tax obligations (Legal obligations);
- To offer, only with the data subject’s consent, information on our products, services, events, campaigns, as well as send marketing and commercial communications, newsletters, gifts and greetings for anniversaries and festivities, through the use of traditional (postal service, telephone) and/or digital and automated (e-mail, SMS, instant messaging and other digital channels, for example social media) contact means, carry out market research activities and measure customer satisfaction through surveys (Marketing);
- Only with the consent of the interested party, to communicate the Data to subsidiaries and/or affiliates of Pagani Automobili S.p.A. (“Pagani Group Companies”) that may process the Data in order to send the data subject commercial and/or promotional communications regarding their products and services (e.g. merchandising of the Pagani Automobili group), as well as to carry out market research (Marketing Communications of the Pagani Automobili group).
4. Legal basis of processing, mandatory/optional nature of the provision of data and consequences in case of failure to provide the notice
The legal bases adopted by Pagani to process Data, according to the purposes specified in the previous section (“Processing purposes”), are stated below. If the data subject enters directly in contact with Pagani as customer, even potential, the provision of Data and the relevant processing for the purposes of Pre-contractual activities and Supply of goods/services and Contractual obligations, are necessary for the execution of the data subject’s requests and for the correct execution of the relationship before, during and after entering into agreements/contracts. The provision of Data for this purpose is not mandatory, however Pagani shall not be able to execute the data subject’s requests and/or contractual relationship and/or supply, if the Data is not supplied or if it is incorrect; in this case, Pagani shall be entitled to refuse or interrupt the relevant aforementioned execution thereof. The provision of Data and the relevant processing for the purposes related to Legal Obligations, is necessary in order for Pagani to abide by the applicable laws, which may for example establish the storage and notification of Data to the competent authorities to comply with tax, customs or other obligations.
The provision of Data and the relevant processing for Marketing purposes, is based on the data subject’s explicit consent. The data subject is not obliged to give his/her consent, and it may be withdrawn by the data subject at any time without any consequence, except the fact of no longer receiving marketing communications from Pagani.
The provision of Data and the relevant processing for Group Marketing Communication purposes, is based on the data subject’s explicit consent, which is not mandatory. If the data subject gives his/her consent for this purpose, he/she is always free to withdraw it at any time without any consequence (except the fact of no longer receiving marketing communications from the companies part of the Pagani Automobili group). To withdraw and/or modify the consent to process data, the data subject must follow the instructions in the “Data subject’s rights” section.
5. Data recipients
Personal data shall be disclosed to or shared with:
- Pagani personnel responsible for the management of customer data, including potential customers, and of the IT system in which they are contained. The said personnel, authorised by Pagani to process Data for the purpose of achieving the aforementioned purposes, undertakes to maintain data confidential or is legally bound to maintain confidentiality;
- Companies part of the Pagani Group, in relation to internal administrative and accounting purposes. The companies are also located in countries that are not part of the European Union and/or European Economic Area;
- Third parties – designated as data processors, when necessary, in compliance with applicable law – which are assigned the task of processing Data on behalf of Pagani (for example IT system and service management companies, suppliers of platforms to send e-mails, craftsmen for the personalisation of products, companies part of the Pagani sales and assistance network, service and consultancy firms, within the limits necessary for the performance of their task for Pagani, etc.);
- Third parties with which Pagani has entered into agreements for the performance of services that entail the processing of Data (such as for example transport and shipping companies for the aspects related to the shipment of goods and customs operations, auditing companies, natural persons, companies or firms that provide assistance and advice on administrative, legal, tax, financial matters and that carry out credit recovery services in relation to the sale of goods and services, banks for management of payments, etc.).
Finally, Data shall be transmitted, when required, to the competent financial offices and/or other public administrations, in compliance with the laws in force.
Personal data is not intended for publication or dissemination.
Some Data may be shared with other recipients in countries outside the European Union or European Economic Area (e.g. companies part of the Pagani Group), even by entering the Data in databases managed by third parties that work on behalf of Pagani. Pagani ensures that Data is processed by these parties only for the purposes for which it is collected and it is processed in compliance with applicable regulations. Therefore, in case of transfer of Data outside the European Union or European Economic Area, Pagani shall adopt any suitable and necessary contractual measures to guarantee an adequate level of protection, including – amongst others – adequacy decisions, agreements based on the standard contractual clauses approved by the European Commission or any other guarantee considered adequate.
According to the purpose pursued, Pagani shall store the Data as specified below.
- Pre-contractual activities and Supply of goods/services and Contractual obligations for the time strictly necessary to carry out, respectively, all the activities related to the phase preliminary to the completion of agreements, contracts, fulfilment of specific data subject’s requests and to allow the supply of goods and services and the correct fulfilment of the mutual contractual obligations undertaken. Furthermore, Pagani may store this Data for a longer period, in particular to protect its interests against possible liability, to mange claims and/or disputes and/or have evidence of its rights and obligations;
- Mandatory obligations for the period foreseen by specific legal obligations or according to what is provided for by applicable regulations;
- Marketing and Marketing Communications of the Pagani Automobili group until the data subject withdraws his/her consent given for this purpose. Once the consent has been withdrawn, Pagani shall no longer use the Data for said purposes, but may in any case store it, in particular for the purpose of protecting itself against possible liabilities based on the said processing.
8. Data subject's rights
The data subject has the right, at any time and free of charge, to request Pagani to access, correct, update, rectify and erase the Data (except any applicable exceptions), receive Data in a structured, commonly used format that can be read using an automatic device and to request the transmission of Data to another controller (data portability). The data subject may request information on the processing, object to it and/or request its restriction if he/she deems that the Data is not correct, necessary to Pagani or in any case if the latter is processing it unlawfully.
Furthermore, the data subject has the right to withdraw his/her consent for the Marketing and Marketing Communications of the Pagani Automobili group purposes and to object to processing for Soft Spam purposes. Consent given to receive Marketing communications from Pagani and the companies part of the Pagani Automobili group, is extended to the communications sent by means of automated systems without an operator (for example e-mails), as well as traditional contact means such as postal service. The data subject may always withdraw his/her consent to the processing of Data for this purpose, even separately, for example deciding to receive said communications only by post and not through automated services such as e-mails.
Requests for Data erasure are subject to the current legal requirements and requirements for the storage of documents, which Pagani must comply with. If the data subject believes there is a problem in the management of his/her Data, because it is processed unlawfully, he/she can always send a claim to the national personal data protection authority, in particular to the one in the country of residence (for example in Italy it is called Garante Privacy), or in any other country of the European union or European Economic Area.
The data subject may exercise his/her rights by writing to email@example.com
9. Amendment and update
Pagani reserves the right to amend the content of this notice, also following changes in the law, and shall promptly inform the data subject of any changes. To view previous versions of the Privacy Notice please write to firstname.lastname@example.org
Last amendment: this notice enters into force from 7/2/2018