1. PRIVACY POLICY - INFORMATION ON THE PROCESSING OF PERSONAL DATA PURSUANT TO ARTICLE 13 OF LEGISLATIVE DECREE 196/2003

This Privacy Policy is prepared by Piaggio & C. S.p.a. also on behalf of its associates (“Piaggio Group” or “Company”). It describes the procedures for the processing of personal data provided by or collected from registered or unregistered users (“User” or ’“Users”) of the website www.it.piaggio.com and the thematic minisites accessible through it and/or on Piaggio domains (“Website”). The aim of the Privacy Policy is to inform Users on what personal information about them is collected, how and for what purposes it is used, what third parties can have access to this information, and how the User can access, update, correct or cancel their personal data.

 

The identifying data provided by the User upon registration on the Website and/or subscription to the services, initiatives and promotions publicised, and/or automatically generated as a result of the User accessing the Website, will be processed by the Piaggio Group, which may include transmission to third parties, in compliance with the principles of data protection established by Italian Legislative Decree 196/2003 – Italian Data Protection Act (the “Act”), European legislation and other applicable current regulations. In this Privacy Policy, “Personal Data” or “Personal Information” means the information used to unequivocally identify a physical user. Information not considered to be “personal data” under current legislation will also be processed as Personal Data if this information is strictly connected to personal data.

 

1.1 Data controllers and data processors

The Data Controller is the party responsible, including jointly, for decisions relating to data processing purposes and methods and the instruments used, including security matters. The Data Processor is the party appointed by the Data Controller to process the Personal Data on its behalf.

 

The Data Controllers are:

a) the person responsible as nominated by the Board of Directors of the Company, with registered office in Pontedera (PI), Via Rinaldo Piaggio 25

b) the companies belonging to the Piaggio Group, which access the Users’ personal data depending on the services they offer;

 

The third parties indicated in subparagraph (b), above that receive the Personal Data of the Users, process it in the capacity of Data Controllers, in accordance with applicable privacy laws and for the purposes established herein.

 

Piaggio’s Data Processor, appointed pursuant to Article 29 of Legislative Decree 196/2003, whom users may contact at any time to exercise their rights under Article 7 of Legislative Decree 196/2003, is the current Head of the Legal and Corporate Department. Requests may be sent to Piaggio & C. S.p.a., Ufficio Legale e Societario, Viale Rinaldo Piaggio n. 25, 56025 Pontedera (PI), Italy, or by email to privacy@piaggio.com.

 

A complete list of the Data Processors is available on request by post to Piaggio & C. S.p.a., Legale e Societario, Viale Rinaldo Piaggio n. 25, 56025 Pontedera (PI), Italy, or by email to privacy@piaggio.com.

 

 1.2 Purpose of data processing and provision of personal data

When a User browses the Website, the following information is automatically collected: the URL of the website from which the User came to the Website and/or which the User accesses upon leaving the Website; the IP address of the User’s Computer; the type of operating system and browser that the User is using and, if it is a mobile device, the identification of the device being used, the operating system they are using and the name of the ISP of the device “Browsing Data”). Their transmission to the Website is implicit to the functioning of the information system that manages the Website and the use of typical internet communication protocols. This data is only used to obtain anonymous statistical information on the use of the website and to check its correct functioning and is deleted immediately after processing. Browsing Data could be used to ascertain responsibility in case of computer crimes committed against or via the site: notwithstanding this eventuality, the data is stored for the time established by the relevant legislation and for the time strictly required to provide the User with the required service and ensure transmission of communications.

 

Subject to the User’s prior consent, the Website may collect and process geographical location data (“Geographical Location Data”) on a non-continuous basis, in order to provide and improve the services that the User has requested.

 

Piaggio Group also collects and processes Personal Data provided voluntarily by Users when they interact with the Website’s functionalities and with the services it offers, for example on registration with the Website and/or the Community of the Piaggio brand to which the User belongs and/or the participation of the User in promotions or other initiatives taking place through the Website, such as prize draws. Specifically, Piaggio will process this information:

 

a) for the purpose of providing the services requested, checking the quality of services offered and fulfilling all accounting and tax-related legal requirements;

 

b) exclusively if express consent is given, for commercial purposes, online and offline promotions and marketing, and for the purpose of conducting market surveys and statistical surveys such as monitoring customers’ satisfaction with Piaggio products and services and/or those of other companies in the Piaggio Group or sending technical or promotional information on products and services offered by Piaggio and/or other Piaggio Group companies and/or by the Piaggio Group’s dealers and/or distributors. The information may be communicated to other companies in the Piaggio Group and/or to specialised companies (provided they adopt data security and protection criteria in line with current legislation) for the purposes for which the information was collected.

 

Consenting to personal data processing for the purposes specified in point a) is optional but necessary for accessing the services, promotions and offers announced by Piaggio on its Website; if the User does not provide this information, it will be impossible for Piaggio to provide the requested service.

 

Consenting to personal data processing for the purposes specified in point b) is optional and failure to do so will not prevent access to the services and promotions offered.

 

1.3. Disclosure of Personal Data

Without prejudice to communications for the purposes of compliance with obligations under applicable laws or regulations, for example in the case of judicial proceedings, requests by courts and other competent authorities or as a result of other legal obligations, in order to defend the Website and the rights and interests of Piaggio, the Personal Data may be transmitted for the purposes established here to:

 

(i) the parties acting as internal Data Processors or Data Processors external to the Data Controller’s organisation, or persons in charge of processing. Specifically, the data may be disclosed to employees or collaborators working in the company units involved in providing the services offered from time to time by Piaggio, and to people in the companies appointed as Data Processors to perform marketing and promotional activities on behalf of the Data Controller;

 

(ii) bodies, authorities, public institutions, banks, credit institutions, professionals and/or independent collaborators, including if organised as an association, that assist Piaggio with legal, tax, social security, accounting and/or organisational matters, business partners (provided the latter adopts data protection arrangements in line with the current regulations).

 

The Personal Data may also be disclosed to third parties in the event of mergers, acquisitions, or the sale of the business or any business unit by Piaggio. These third parties will only be provided the information required to perform their functions. The third parties will undertake to use the information received solely for the processing purposes specified above, and to keep it confidential and secure, and to respective applicable law on Privacy and any instructions from Piaggio.

 

The third parties that receive users’ personal data have their registered office within the European Union and will process the personal data in accordance with applicable regulations on privacy for the purposes described herein.

 

1.4 Transmission of Data to countries outside the European Union

The personal data of the User may be transmitted abroad, in accordance with the provisions of current laws and regulations, including to countries outside the European Union that ensure adequate levels of protection, where the Company pursues its own interests.

 

1.5 Manner of data processing

The data will be processed in accordance with legal requirements, ensuring full compliance with the provisions of Italian and European legal, contractual and regulatory provisions. The data will be processed in printed and electronic form, using methods strictly connected to the purposes indicated above and in all cases in such a way as to guarantee data security and confidentiality, in accordance with the provisions of Article 31 and following of the Act and the Technical Regulations – Annex B to said Act. The data will be retained for a period necessary for the purposes for which it has been collected and in any case for the time established by statutory and fiscal regulations.

 

1.6 Data of minors

Piaggio does not allow minors of under 16 years of age to supply personal data.

Personal data of Users under 16 years of age will only be processed by Piaggio with the consent of one of their parents or the person who is legally responsible for the minor.

 

 1.7 User rights

Article 7 of Italian Legislative Decree 196/2003 gives Users specific rights. In particular, the User is entitled to confirmation that their personal data exists or otherwise, even if not yet registered, and for such data to be made available in an intelligible manner. The User may also ask to know the origin of the data, as well as the approach, purposes and manner of its processing with electronic instruments as well as the identification of the data controller, data processor and representative in the territory of the state and of parties/categories to which the data may be disclosed or that may become aware of the data in their capacity as designated representative in the State, and of data processors and persons in charge of the processing.

 

The User may demand (i) the cancellation, anonymisation or blocking of data that has been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed; (ii) the update, correction or, where requested, supplementation of the data; (iii) certification that the aforesaid operations have been notified to the parties to whom or which the data were communicated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared to the right that is to be protected.

 

The User may object, in whole or in part:

a) on legitimate grounds, to the processing of their personal data, even if such data is significant for the purposes of the collection;

b) to the processing of their personal data for the purpose of sending advertising materials or direct selling or for market research or commercial communication.

 

 1.8 Dissemination of data

The User's personal data will not be disseminated or communicated to third parties except those indicated herein.

However certain Personal Data such as the User’s nickname and/or image, or other information made public by the User on their profile and/or in communications through blogs and/or communities, are made accessible and disseminated to other users when the user chooses to participate in such initiatives (blogs and/or communities).

The Personal Data provided by the User may also be disseminated during specific initiatives (e.g. online prize draws and/or competitions).

 

1.9 Applicable law

This Privacy Policy is governed by Italian law and in particular by the Italian Data Protection Act which governs the processing of personal data – including held overseas – by any person or entity who is domiciled or has registered offices in Italy or using instruments located in Italy. The Act guarantees that the processing of personal data is carried out with respect for human rights and fundamental freedoms and dignity, particularly with regard to confidentiality, personal identity and the right to the protection of Personal Data.

 

1.10 Amendments and updates to the Privacy Policy

Piaggio may amend or simply update all or part of this Privacy Policy in consideration of the amendment of the rules of law or regulations that govern this subject and protect your rights. Changes and updates to the Privacy Policy will be notified to users on the site’s homepage as soon as they are adopted and will be binding once posted on the Website in this section. We therefore ask Users to access this section regularly to review the most recent and updated Privacy Policy.