TERMS AND CONDITIONS OF USE OF THE SITE, AND CODE OF CONDUCT
“Ferrari Community” the online club for Ferrari fans, accessible to Registered Users via the Site
“Code of Conduct”: the rules to which registered Users are subject
“Terms and Conditions of Use”: the terms and conditions that apply to the contract for use of the Site, published on the Site under the section “Terms and Conditions of Use” from time to time.
“Consumer”: an individual acting for purposes unrelated to any business, commercial, artisanal or professional activity.
“Content”: the text, software, graphics, brands, logos, domain names, photographs, soundtracks, musical content, video, audiovisual content, functions, technical documents, manuals and any other materials that can be viewed and accessed through the Site.
“Contract”: the contract made between a User or Consumer and Ferrari for access to the Site and use of the Content.
“Ferrari”: Ferrari S.p.A., headquartered at Via Emilia Est 1163 – 41121 Modena and its subsidiaries.
“Materials”: the text, graphics, photos, soundtracks, musical, video and audiovisual content and any other material uploaded by the User onto the Site using the procedures required by Ferrari.
“Party”/ “Parties”: each party to the contract, i.e. the User and Ferrari, and both of them.
“Registered User”: the User who registers to any of the pages of the Site by providing his/her personal data and obtaining a user-is and password, or providing a email address in order to access Content reserved to Registered Users.
“Service”: use of the Site, access to the Content and functions.
“Site”: the website www.ferrari.com including its sub-sites related directly to Ferrari and/or connected to Ferrari domain names (e.g. “formula1.ferrari.com”)
“User”: anyone accessing the Site to browse it or use the content.
The official website of Ferrari S.p.A., www.ferrari.com, is an online information and entertainment portal that provides updates on the main Ferrari events. The Site and its sub-sites also offer an overview of Ferrari’s main promotional and commercial activities, products and services, and modes of access.
The Service comprises the provision of access to the Site and its content to registered and unregistered users, for entertainment and information purposes.
3. TERMS AND CONDITIONS OF THE SERVICE
The terms and conditions of the Service consist of: (a) Terms and Conditions of Use of the Site www.ferrari.com which also apply to all the sub-sites accessible through the Site and/or connected to Ferrari domain names (e.g. “formula1.ferrari.com”), (b) Code of Conduct for Registered Users.
The Terms and Conditions of Use apply to all Users and the Code of Conduct applies to Registered Users.
Users are asked to read the Terms and Conditions of Use and the Code of Conduct carefully.
Certain services may be age-restricted.
Access to the Service is reserved to Users such as consumers, who visit the site for personal reasons and not for reasons related to their business, trade or profession.
Access to the Site (www.ferrari.com and its sub-sites) and any action that involves browsing its pages implies the User’s full acceptance of the Terms and Conditions of Use in force at the time of access, as published on the Site. Access to any reserved part of the Site also implies full acceptance of the Code of Conduct in force at the time of access, in the version published on the Site.
If the User does not accept the Terms and Conditions of Use and/or the Code of Conduct, he or she should stop browsing the site and using the Service.
The User may be asked to expressly accept the Terms and Conditions of Use and/or the Code of Conduct: in such a case, access to all or part of the Service will be subject to acceptance by the User.
4. UPDATING OF TERMS AND CONDITIONS OF USE AND CODE OF CONDUCT
The Service is subject to regular updates, therefore Ferrari may update the Terms and Conditions of Use and the Code of Conduct at any time, without the Users being given prior notice.
Users are asked to view the Terms and Conditions of Use and the Code of Conduct, accessible through the link “Legal”, from time to time, before accessing the Site Content or interacting with the Ferrari Community.
5. TERMS AND CONDITIONS OF SPECIFIC SERVICES
Offers regarding specific goods and services may be subject to specific terms and conditions, which will be published on the Site.
In such a case the specific terms and conditions will prevail over the Terms and Conditions of Use, where there is a conflict.
6. USER ACCOUNT
Registered Users will be required to provide personal information. The information provided at the time of registration must be up to date, accurate and truthful, and Registered Users are therefore required to update them promptly if changes are made.
Registered Users must also treat their account credentials as confidential, and must immediately notify Ferrari of any breach of security or unauthorized use of their accounts.
The Registered User is aware and accepts that he or she will be solely responsible for any activity on the Account in his or her name, both towards Ferrari and towards any third parties.
7. RESTRICTIONS ON USE OF THE SERVICE
Use of the Service is subject to the following limitations, which the User hereby accepts.
The User may not copy, reproduce, publish, upload, transcribe, transmit or distribute the Site Content at any time or in any form, without the prior written authorization of Ferrari, except for those activities expressly permitted to Users who may print, download and view part of the Site Content purely for personal non-commercial reasons, on condition that the materials are not altered in any way and that all the information concerning intellectual or industrial property rights is preserved.
Users are prohibited from circulating any part of the Site Content through channels such as the internet, television, radio or other systems, without the prior written authorization of Ferrari.
Users may not modify the Site or the Content.
Users may not violate or attempt to violate or evade the protection and security systems used on the Site.
Users may not utilize the Site or the Content for commercial reasons. In particular, no advertisement, publicity, sponsorship, promotion or similar item may be added by Users to any page on the Site in the form of announcements, photos or film clips. Users may not encourage other Users to enter into business transactions. The sale of Content is prohibited.
The User may not utilize the Content for commercial purposes in order to set up databases of any kind or to archive all or part of the Content in existing databases, whether private or made accessible to third parties. In particular, Users may not gather the personal details of other Users of the Site or the Services.
8. RIGHTS OF INTELLECTUAL AND INDUSTRIAL PROPERTY
All Content on the Site is protected by copyright and industrial property laws.
Any unauthorized removal or re-use of material on the Site is prohibited, in the same way as any other activity that could harm the legitimate interests of the authors or owners of the copyrighted works.
The Site and its Content can only be used for personal, educational or instructional purposes, with the exclusion of any direct or indirect commercial purpose. The details of the owner of the intellectual property rights must always be mentioned and left intact, and the Content may not be modified in any way.
Site Content may include but is not limited to:
The text, software, graphics, trademarks, logos, domain names, photos, sound, musical, video and audiovisual content, the functions, technical documents, manuals and any other material that can be viewed or accessed through the Site including databases, graphics, tables, slogans, animations, drawings, and any other graphic or textual element.
No part of the Site Content may be copied and/or reproduced without the express authorization of Ferrari.
The trademarks, domain names, trade names, company names and signs on the Site are the sole property of Ferrari, and are registered and protected by laws and regulations on distinctive marks. They may not be reproduced in any form without the express authorization of Ferrari, and the “FERRARI” mark may not be registered on any top level domain.
The pages of the Site may also contain marks, domain names, company names and signs owned by third parties with whom Ferrari has dealings, who enjoy the same level of legal protection as that of the distinctive marks of Ferrari.
The use of distinctive marks such as metatags and html commands is strictly prohibited, as although they do not allow the display or formatting of a certain command, they provide instructions to online agents or search engines to boost the search results of sites other than those linked to Ferrari.
9. MATERIALS UPLOADED BY THE USER
Users may be allowed to upload Materials (text, photos, film clips, content, text from blogs or forums etc.) on specific pages or sections of the Site, and they may send in Materials for publication on the Site. Such materials may be published and circulated on the Site in accordance with the following rules, and in connection with specific events according to the rules applicable from time to time.
The User accepts that the uploading of Materials on the Site automatically enables the acceptance of the following rules, which he undertakes to comply with.
The User confirms that he or she owns all the copyrights to the Materials uploaded or submitted, and that he or she has obtained consent and acceptance from any other parties holding rights to the Materials.
Illegal materials and those that violate third party rights may not be published or uploaded on the Site. The User confirms that the reproduction of Materials on the Site does not violate any rule of law or third party rights.
By uploading materials onto the Site, the User grants Ferrari a free, non-exclusive, transferable licence to the Materials, valid for the whole world and including the right of sub-licence, to use, publish, circulate, reproduce, distribute, adapt and use in derived works connected to provision of the Service and/or as part of Ferrari’s commercial campaigns. The User also grants each Service User a free, non-exclusive, transferable licence for the whole world to access the Materials via the Service and to use, reproduce, distribute, adapt and use them in derived works.
The above licences are granted on an open-ended basis. The User hereby accepts that he or she may not revoke the licences granted to Ferrari nor to other Users once the Material have been uploaded on the Site.
The User accepts full responsibility for the Materials uploaded on the Site, and expressly agrees to indemnify Ferrari in respect of any adverse consequences of publishing the Materials and in respect of all the loss or damage, costs and expenses including legal expenses that Ferrari may incur as a result of using the Materials.
The User is aware that in any event, publication of the Materials is not guaranteed and is at the discretion of Ferrari. The Materials will be retained by Ferrari and may not be returned. They may be verified by Ferrari as the Site administrator. Ferrari may, at its discretion, also remove any Materials at its own discretion, without the need to give a reason.
10. HYPERTEXT LINKS TO THIRD PARTY SITES
The Site may include hypertext links to third party sites. Hypertext links have the sole purpose of facilitating the browsing experience without there being any relationship between the content of the Site and the third party site.
Ferrari accepts no responsibility for the functioning of the links, the content, structure, truthfulness, accuracy or adequacy of the materials or information found on third party sites, nor for the accessibility of third party sites linked to its own.
The User accepts that, by accessing a third party site via a hypertext link, at the time he leaves the Site and the Service the Terms and Conditions of Use shall no longer apply and the specific conditions of use issued by the third party site will apply instead.
In particular, the User is aware that access to third party messaging and social networking sites through hypertext links results in the application of the specific conditions of use applied by the owners of such sites.
Framing links, which allow a website page to appear on a specific page of another site while the content of that page appears inside a frame instead of a separate browser window, are prohibited.
The violation of this article will be subject to prosecution, also with regard to unfair competition, and is governed by the applicable laws.
All of the content on the Site is provided for information purposes only. Ferrari gives no warranty as to its accuracy or completeness, and reserves the right to amend and update the content without prior notice. Ferrari will not be held liable for any direct or indirect loss or damage including loss of profits that may derive from the use or impossibility of using the Site and its content, or from the use of sites connected directly or indirectly to it, or from errors or omissions.
13. OFFICIAL SOCIAL ACCOUNTS' CODE OF CONDUCT
At Ferrari we are dedicated to maintaining a respectful community that engages in lively discussions about our cars, racing and brand. We want everybody to be able to comment, whilst always being respectful.
Please keep the following in mind when you’re engaging with us and other Ferrari enthusiasts on our social platforms:
Respect Others – Please be always polite: to all the members of our Community and people working for this factory as well as to other commenters. And always keep in mind that there are real people reading your comments.
Welcoming space - we strongly believe that the Ferrari Community should be a great space for all individuals, groups and their ideas. As such, any inappropriate comment will be removed and you may lose your ability to engage with us in the future. This includes: URLs of third party websites which may contain offensive or illegal material; racist, sexist, abusive or otherwise objectionable contents; swear words of any kind: posts made to appear as if they have been posted by someone else (impersonation); personal details included (yours or someone else’s – such as phone numbers and addresses); Comments repeated more than once (spam) and/or that deviates widely from the topic of the thread or blog.
Ferrari social platform usage – Please avoid promoting any services or products (non-commercial links that are relevant to the blog post or comment are acceptable)
Moderation – In order to provide a safe space for our community, comments will be moderated by Ferrari’s team, but they will appear on your and your friends’ Facebook walls immediately.
Please report posts that violate these guidelines by using the spam link
We regularly look at messages that have been marked as spam and remove messages that violate our guidelines
The Policy has been drafted in accordance with Italian laws (Legislative Decree 196/2003 “Data Protection Code”) and the EU Directive 95/46/EC.
1. DATA CONTROLLER AND DATA COORDINATOR
The Data Controller is the person who, also in collaboration with another Data Controller, is responsible for taking decisions about how and why the personal information is used, the data processing methods used, and the security profile. The Data Coordinator is the person appointed by the Data Controller to process the data.
The Data Controllers are:
Ferrari S.p.A., headquartered at Via Emilia Est no. 1163, Modena, operational headquarters Via Abetone Inferiore 4, 41053 Maranello (Modena); tax code/VAT no. 00159560366; Economic Administrative Index MO – 88683, the Data Controller of the Site;
The companies owned by Ferrari S.p.A. who can access the User’s personal information, depending on the services offered, as co-controllers with Ferrari S.p.A.;
Triboo Digitale S.r.l., headquartered at Viale Sarca 336, 20126 Milan, Italy (“Triboo”), which operates as an e-commerce vendor and also deals with the shipping and delivery of the products, the management and technical maintenance of the Site.
Vendors other than Triboo Digitale S.r.L. who provide specific products or services. In such cases, each vendor operates as an independent Data Controller and the User can access details of the vendor on the web pages dedicated to the specific product or service.
The Data Coordinators are:
for Ferrari S.p.A., the Internal Data Coordinator is the Business Development Manager.
Triboo Digitale S.r.l. acts as Data Coordinator for Ferrari in relation to the sending of newsletters, promotional and other communications to Users.
Any queries about the personal information handled by Ferrari S.p.A. can be addressed to the Internal Data Coordinator at the following e-mail address: firstname.lastname@example.org;
2. WHAT INFORMATION DO WE COLLECT?
3. BROWSER DATA
When a User navigates the Site, we automatically receive the URL (uniform resource locator) of the Site from which the User originated or visits when leaving the Site, the IP (internet protocol) address of the User’s computer, the type of operating system and browser, whether they are using a mobile device, details of the mobile device, the operating system and the name of the device’s ISP (internet service provider).
This data is only used to obtain anonymous statistical information on the use of the Site and to check that it is functioning correctly. It is deleted immediately after processing. The data may be used to investigate liability for computer crimes: except in these circumstances, web contact data is not currently kept for more than seven days.
We may also receive information about the User’s location, which we will use to improve the services offered by the User for marketing purposes. We may, for example, identify the User’s position to inform him or her of offers or promotions in the local area.
For more information about cookies, how they work and what type the Site uses, click here.
5. CREATION OF ACCOUNT AND COMMUNITY
To create an account, the User must provide the following information: name, surname, date of birth, gender, nickname, preferred language, address, mode of payment and payment details. Other information may also be requested such as the type of car he or she owns, local dealer etc.
This information may be gathered using cookies that import data directly from a User’s social network account (facebook, twitter, google, linkedin), if the User chooses this option by accessing the site when their social network account is active (for more information click here).
6. CUSTOMER CARE
The e-mail addresses and other contact information provided by the User will be used to respond to any queries.
7. ONLINE PURCHASES
To make an online purchase the User may be asked to provide the details needed to create an account. If a purchase is made without an account, details such as name, surname, date of birth, gender, preferred language, shipping address, mode of payment and payment details will be requested in any event. Other information may also be requested.
To register for the newsletter service, the User will normally be asked to provide an e-mail address only. Other information may also be requested.
9. COMPETITIONS/ FERRARI PROMOTIONS
Details such as name and address, date of birth, gender, preferred language and shipping address will be requested for entry to competitions or Ferrari promotions. Other information may also be requested.
The following information will be used to reply to requests for information from Users: name and address, date of birth, gender, preferred language, address, cars owned, dealership. Other information may be requested.
11. “JOB ONLINE” SECTION
To register for the job online section, the following details may be requested: full name and address, educational background, past work experience, languages spoken and other information. Information about membership of protected categories may also be requested.
12. HOW WE USE THE INFORMATION
The Personal Details provided by Users will be processed in case of need, for the following purposes. No unnecessary information will be retained.
13. PROVISION OF DATA; METHOD OF PROCESSING
The User is under no obligation to provide personal information, however any missing or inaccurate details may make it impossible for the requested services to be provided.
The information will be collected and processed electronically and as printed copies, in order to reduce the risk of loss, incident, or unauthorized use by third parties. In any case the User accepts the risk of loss or unauthorized access that may result from the provision of personal information and the Data Controllers decline all liability for any resulting losses.
14. PURPOSE OF PROCESSING
Browsing the Site
To allow the User to browse the Site and sub-sites easily, and to access their content;
Creation of Account and membership of the Community
To allow the creation of a User Account, management of the User’s access to the Site, and to allow access to services and content, as well as the carrying-out of activities reserved for registered Users;
To reply to queries raised by Users;
For the management and fulfilment of purchase orders, payment management, shipping of products, aftersales and/or warranty services;
For the sending of newsletters requested by the User;
Ferrari events and other initiatives
For the sending of invitations and the organization of events and promotions;
Marketing and promotional communications
For the sending of marketing communications, advertisements and promotional materials by post, web, telephone, e-mail, video or text message from Italy or abroad (also from non-EC countries), exclusively from Ferrari, its parent companies, subsidiaries or affiliates, or individuals and companies including Triboo, who may assist with Ferrari’s marketing campaigns.
Market research and analysis
For the carrying-out of market and statistical research on consumer habits, Ferrari products and Users’ preferences about new products.
To reply to prospective enquiries about Ferrari products or services.
Recruitment and hiring
For the selection and sourcing of staff by Ferrari and/or recruitment agencies.
15. WHO CAN ACCESS THE INFORMATION
Ferrari and its sales network
The information may also be accessed by companies and individuals in the Ferrari sales and service network, franchisees, sponsors and licensees anywhere in the world, who may process the information in the capacity of independent data controller.
Triboo (or another vendor)
The User’s Personal Information can be accessed by anyone collaborating with Ferrari and Triboo in relation to the provision of products or services through the Site. By way of example only, these parties may include firms responsible for management and maintenance of the Site, electronic and online tools, the sending of newsletters, the shipping and delivery of products, the management of payments, aftersales, the processing of market research, events management and the sending of business communications.
With regard to the “Job Online” section, Personal Information may be communicated to recruitment firms and temp agencies.
Insurance companies and consultants assisting Ferrari with legal, fiscal, social security, accounting and business issues may also access the data.
The Personal Information may be disclosed to public authorities where required by law.
Some of the Personal Information such as the User’s nickname and/or Image, and any other information published by the User on his/her profile and/or in communications through the blog or community may be accessible to other Users if the User decides to allow it.
Statistical data on the Site, the database, sales and the number of users may be sent to third parties for verification and technical purposes. This information will not include details that allow users to be identified.
Transfer of Information to non-EC countries
The User’s Personal Information may be transferred abroad, in accordance with current laws, and may also be sent to non-EC countries where the Company has business interests, if they are able to guarantee an adequate level of protection.
The User’s Personal Information will not be circulated.
However, certain details such as the User’s nickname and/or image, and any other information published by the User on his/her profile or in other communications on the Site, will be accessible to other Users when the User chooses to participate in the blog or Community.
Some of the Personal Information supplied by the User may also be circulated during specific events (online competitions or promotions).
16. RIGHTS OF THE USER
The User (“data subject”) may, at any time, exercise his or her rights under current legislation and in particular under Article 7 of Legislative Decree 196/2003 (“Italian Data Protection Act”). These include the right to obtain confirmation of the existence of personal information concerning the User, to amend the information, request its cancellation, know the purpose and method of processing, object to processing particularly for the purposes of the sending of advertising or direct selling materials, or for market research and promotional communications.
For more details click here.
The information will be processed in order to: fulfil the User’s request for a User Account and for access to the services, content and reserved activities, reply to requests by the User, for technical/organizational communications, for the management and fulfilment of purchase orders, for the delivery of products, for access to warranty and/or aftersales services, for the sending of newsletters and for recruitment purposes. Consent is not required for such purposes.
Requests for information about the use of Personal Information can be sent to email@example.com.
For further details, visit http://ec.europa.eu/justice/data-protection/