PRIVACY POLICY
Data controller
What data
Purpose of processing
Legal basis
Recipients
Transfer
Storage
Rights
Changes
Contacts
Racing Force S.p.A.
(Notice on the processing of personal data pursuant to art. 13 of EU Regulation 679/2016 and art. 13 of Legislative Decree 196/2003)
Racing Force S.p.A., as Data Controller (hereinafter also: “Owner” or “Racing Force“) pursuant to EU Regulation 679/2016 (hereinafter: “GDPR”) and Legislative Decree 196/2003 (hereinafter: “Privacy Code“) – invites you, before communicating any personal data to the Data Controller, to read carefully this Privacy Policy because it contains important information on the protection of your personal data.
This Privacy Policy:
- is intended for the website ompracing.com (hereinafter: “Website“),
- is an integral part of the Website and the services we offer,
- is written pursuant to art. 13 of the GDPR and the Privacy Code and applies to those who interact with the web services of the Website or who contact Racing Force by telephone or by post
The processing of your personal data will be based on the principles of correctness, lawfulness, transparency, limitation of purpose and storage, minimization and accuracy, integrity and confidentiality, as well as the principle of accountability pursuant to art. 5 of the GDPR.
Your personal data will therefore be processed in accordance with the legislative provisions of the GDPR and the confidentiality obligations set forth therein as well as those of the Privacy Code still in force today
The processing of personal data means any operation or set of operations performed on personal data or sets of personal data, with or without the aid of automated processes, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of making available, comparison or the interconnection, restriction, erasure or destruction, as defined in art. 4.2 of the GDPR.
We inform you that the personal data subject to processing may consist of – also depending on your decisions on how to use the services – any personal information suitable for identifying or making you identifiable including textual information, photographic or video images and from any other information provided.
TABLE OF CONTENTS
- DATA CONTROLLER: WHO WE ARE AND WHAT WE DO
- WHAT DATA WE PROCESS
- PURPOSE OF DATA PROCESSING – WHY WE PROCESS YOUR DATA
- LEGAL BASIS AND OBLIGATORY OR OPTIONAL NATURE OF PROCESSING
- RECIPIENTS OF THE PERSONAL DATA
- TRANSFER OF PERSONAL DATA
- STORAGE OF PERSONAL DATA
- RIGHTS OF THE DATA SUBJECT
- CHANGES
- CONTACTS
1. DATA CONTROLLER: WHO WE ARE AND WHAT WE DO
The Data Controller is Racing Force S.p.A., with registered office in Ronco Scrivia (GE), VAT no. 02264760105, which has as its purpose the design, manufacturing and marketing of accessories and clothing for motor racing and motor sports.
2. WHAT DATA WE PROCESS
We inform you that the personal data subject to processing may consist of:
A. Personal data
provided directly by you in relation to the use of the Website and e-commerce activities, including:
- your full name;
- your date of birth;
- your postal address;
- your email address;
- your telephone number;
- information regarding your payment methods;
- any additional data you may provide in case of contact requests and/or information inquiries, or, for example, in case of your participation in surveys, promotions, and prize competitions offered on the Website.
We will not process special categories of Personal Data. The term “special categories of personal data” refers to data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, as well as genetic and biometric data intended to uniquely identify an individual, and data concerning an individual’s health, sexual life, or sexual orientation.
B. Browsing data
During their normal operation, the computer systems and software procedures used to operate this Site acquire certain personal data whose transmission is implicit in the use of internet communication protocols. This information is not collected with the intent of associating it with identified users but, by its very nature, may lead to the identification of users through processing and association with data held by third parties. This category of data includes IP addresses or domain names of computers used by persons who connect to the Website, the URI (Uniform Resource Identifier) of requested resources, the time of the request, the method used to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the reply given by the server (successful, error, etc.) and other parameters regarding the user’s operating system and computer environment. The data are used for the sole purpose of obtaining anonymous statistical information about the use of the Website to check that it is functioning correctly, to identify any anomalies and/or abuse, and are deleted immediately after processing. The data could be used to ascertain responsibility in case of hypothetical cyber-crimes to the detriment of the Website or third parties.
C. Third party data provided voluntarily by you
In using certain services, personal data which you have provided to Racing Force may be related to third parties. In this event, you are the independent data controller, assuming all the legal obligations and responsibilities. In this sense, you confer on this point the widest indemnity with respect to any objection, claim, request for compensation for damages from processing etc. that should reach the Data Controller from third parties whose personal data has been processed through your use of the services on the Website in violation of the rules on the protection of relevant personal data. In any case, if you provide or otherwise mention personal data of third parties in the use of the Website, you guarantee from now – assuming all related liability – that this particular hypothesis of processing is based on the prior acquisition – on your part – of the consent of the third party to the processing of information concerning the same and to its dissemination and that said processing will be carried out in accordance with the GDPR.
D. Cookies
Information on cookies used by the Website is available at the following address www.ompracing.com/cookies.
3. PURPOSE OF DATA PROCESSING – WHY WE PROCESS YOUR DATA
Your personal data will be processed where applicable, with your consent where necessary, for the following purposes:
3.1. To allow navigation of the Website and the provision of Racing Force services through the Website;
3.2. In the context of e-commerce activities, by example, to proceed to:
- Conclude, execute, and/or terminate the sales contract between you and the Company, following a purchase made on our Website;
- Fulfill all obligations related to managing your payments and sales documents;
- Manage your purchase orders, ship and deliver the products you purchased, and handle any returns you may request;
- Provide you with the information and assistance requested for the use of the Website and regarding e-commerce activities;
- Communicate with you regarding the use of the Website and e-commerce activities; and
- Manage any complaints and requests, send service communications and updates, both through traditional communication methods (e.g., by mail) and remote communication tools, such as telephone, SMS, banners, and other remote communication tools.
3.3. To find specific requests, including telephone calls, addressed to Racing Force;
3.4. To fulfil any obligations under applicable laws, regulations or community legislation, or to satisfy requests from authorities;
3.5. To exercise the rights of the Data Controller, such as, for example, conducting checks for the prevention and/or suppression of fraudulent actions against the Website, managing our IT resources, and ensuring cybersecurity;
3.6. Conduct marketing activities by sending newsletters, commercial communications, and market surveys using any means of communication (including email, SMS, social networks, mail, and telephone) to promote our products and services.
Personal data will be processed using automated and non-automated tools.
In order to prevent data loss, unlawful or incorrect use of data and unauthorized access, specific security measures have been implemented.
4. LEGAL BASIS AND OBLIGATORY OR OPTIONAL NATURE OF PROCESSING
The legal basis for processing personal data for the purposes set out in sections 3.1, 3.2 and 3.3. is art. 6(1)(b) of the GDPR ([…] processing is necessary for the performance of a contract of which the data subject is a party or for the execution of pre-contractual measures taken at the request of the same), since the processing is necessary for the provision of services. The provision of personal data for these purposes is optional, but failure to provide them would make it impossible to activate the requested services.
The legal basis for the purpose referred to in section 3.4 is art. 6(1)(c) of the GDPR ([…] processing is necessary to fulfil a legal obligation to which the data controller is subject). In fact, once the personal data have been transferred, the processing is indeed necessary to comply with the legal obligations to which Racing Force is subject.
The legal basis for the purpose referred to in section 3.5 is art. 6(1)(f) of the GDPR (…. Processing is necessary for the pursuit of the legitimate interests of the data controller or of third parties, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject….). In fact, once the personal data have been transferred, the processing is necessary for the pursuit of Racing Force’s legitimate interest to the aforementioned conditions.
5. RECIPIENTS OF THE PERSONAL DATA
Your personal data may be shared for the purposes set out in section 3 of this Privacy Policy with:
5.1. subjects that typically act as data supervisors, namely: i) persons, companies or professional firms that provide assistance and advice to Racing Force in accounting, administrative, legal, tax and financial matters or other types of advice; ii) subjects delegated to carry out technical or IT maintenance; iii) credit institutions, insurance companies; iv) companies and entities controlling, controlled and connected to Racing Force, limited to the pursuit of administrative-accounting purposes connected with the performance of organizational, administrative, financial and accounting activities; v) distributors and agents of Racing Force; vi) Carriers, Transporters, Forwarders, Couriers, Postal Forwarders, for the eventual delivery of the goods; vii) paid service providers; viii) order fulfilment centers; (collectively “Recipients“):
5.2. persons, bodies or authorities who require the communication of your personal data in accordance with the provisions of law or by order of the authorities;
5.3. persons authorised by Racing Force to process personal data necessary to perform activities strictly related to the provision of services, whether they are committed to confidentiality or have an appropriate legal obligation of confidentiality and that guarantee the processing of data in accordance with the GDPR.
The complete and updated list of supervisors is kept at the headquarters of the Data Controller, located in Ronco Scrivia, Via Bazzano no. 5 and can be provided by sending a written request to the Data Controller at the addresses indicated in the “Contacts” section of this notice.
6. TRANSFER OF PERSONAL DATA
Personal data are stored on servers located within the European Union. In any event, it is understood that the Data Controller, if necessary, will have the right to relocate the servers even outside the European Economic Area. In this case, the Data Controller ensures from now on that said transfer will take place in compliance with the applicable legislation based on an adequacy decision or on the Standard Contractual Clauses approved by the European Commission. Further information is available by sending a written request to the Data Controller at the addresses indicated in the “Contacts” section of this notice.
7. STORAGE OF PERSONAL DATA
The personal data processed for the purposes referred to in section 3 will be kept for the time strictly necessary to achieve those same purposes and, since it is processing performed for the provision of services, up to the period of time provided and allowed by Italian legislation to protect Racing Force’s interests and right of defense, having regard to the limitation periods set by the applicable law.
Personal data processed to enable browsing of the Website (section 3.1) will be retained only for the period necessary for the duration of the visit to the Website, and in any case, for a maximum of 24 months.
Personal data collected for contractual purposes (section 3.2) will be retained for the duration of the contract concluded with the Company, as well as for the 10 (ten) years thereafter (the period in which the statute of limitations for potential contractual liability of the Company matures), unless further retention is required for potential litigation, requests from competent authorities, or in accordance with applicable law.
Personal data collected to respond to specific requests, including telephone inquiries, made to Racing Force (section 3.3) will be retained for a maximum of 10 years from the interaction with the data subject.
Personal data processed for legal purposes (section 3.4) will be retained for the period prescribed for each type of data by applicable law.
Personal data collected for legitimate interest purposes (section 3.5) will be retained for a maximum period of 10 years, unless further retention is necessary for the determination of liability in the event of hypothetical cyber-crimes against the Website or to comply with any requests from authorities.
Personal data processed for marketing purposes (section 3.6) will be retained until you withdraw your consent for such processing and, in any case, for no longer than 24 (twenty-four) months.
8. RIGHTS OF THE DATA SUBJECT
In your capacity as data subject, pursuant to art. 15 and subsequent amendments of the GDPR and art. 7 of the Privacy Code, you have the right to:
- obtain confirmation of the existence or not of personal data concerning yourself, even if not yet registered, and their communication in an intelligible form;
- obtain the indication: a) the origin of personal data; b) the purpose and the modality of processing; c) the logic applied whenever the processing involves electronic tools; d) the identification details of the data controller, of the supervisors and of the designated representative pursuant to article 5, paragraph 2 of the Privacy Code and art. 3, paragraph 1 of the GDPR; e) the subjects and categories of subjects to whom the personal data may be communicated, or person who may become aware of the data as designated representatives in the country, supervisors, or processors;
iii. obtain: a) update, rectify, and, when deemed of interest, integrate the data; b) erase, convert to an anonymous format or block of data that has been processed in violation of the law, including data that do not need to be retained for the purposes for which they were collected and processed; c) confirmation that the operations described in sections a) and b) were made known, including their content, to the parties to whom the data was communicated or transmitted, except in cases when it may not be possible to do so or when it necessitates a disproportionate effort compared to the protected right;
- object, in whole or in part: a) to the processing of personal data concerning you, even if pertinent to the purpose of the collection; b) to the processing of personal data concerning you for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication, through the use of automated call systems without the intervention of an operator by email and/or through traditional marketing methods by telephone and/or paper mail. Please note that the data subject’s right of opposition, set out in point b) above, for direct marketing purposes through automated methods extends to traditional ones and that in any case without prejudice to the possibility for the data subject to exercise the right of opposition even partially. Consequently, the data subject may choose to receive only communications by traditional means or only automated communications or neither.
Where applicable, you also have the rights set out in articles 16 – 22 of the GDPR (Right to rectification, right to be forgotten, right to the limitation of the processing, right to data portability, right to opposition, right to oppose automated processing, including profiling).
Requests should be sent in writing to the Data Controller at the addresses indicated in the “Contacts” section of this notice.
In any case, you always have the right to lodge a complaint with the competent supervisory body (Guarantor for the protection of personal data), pursuant to art. 77 of the GDPR, if you believe that the processing of your data is contrary to current law.
9. CHANGES
Racing Force reserves the right to amend or simply update the content of this Privacy Policy, partially or completely, including in the event of changes to the relevant legislation. In this case Racing Force will inform you of such changes as soon as they are introduced, and they will be binding as soon as they are published on the Website. Racing Force invites you to regularly visit this section so that you are aware of the most recent and updated version of the Privacy Policy in order to remain up-to-date on the data collected and the Data Controller’s use of them.
10. CONTACTS
To exercise the above rights or for any other request, write to the Data Controller: Racing Force S.p.A., based in Ronco Scrivia (GE – ITALY), Via Bazzano no. 5, VAT: 02264760105, email: privacy@racingforce.com
