Privacy Notice

 

PERSONAL DATA PROCESSING NOTICE

provided pursuant to art. 13, EU Regulation 2016/679

 

The following privacy notice is provided to you by the company Horacio Pagani S.p.A., , with premises at Via dell‚ÄôArtigianato, 5 – Vill. La Graziosa, 41018, San Cesario sul Panaro (MO), Italy, VAT number: 02054560368 Tel. +39 059 4739201, email: privacy@pagani.com (hereinafter referred to as “Pagani“) as data controller in relation¬† to the personal data provided by you or otherwise generated when browsing this website (hereinafter ¬†referred to as the “Site“) and when using services made available through the Site.

 

At Pagani, we believe that respect for your privacy is fundamental and therefore we ask you to read this notice carefully. In general, all personal data (hereinafter referred to as the “Personal Data” and/or the “Data“) that you provide or which is collected in the context of Site use and¬† use of the services (hereinafter referred to as the “Services“) – as better defined in the section headed “Personal Data Processing Purposes – will be processed in compliance with the underlying principles of applicable Personal Data protection legislation, such as the principles of transparency, fairness, lawfulness, data minimisation, purpose and retention restrictions, accuracy, integrity, and confidentiality.

The Site may contain links to third-party websites or applications;  Pagani has no control over and is not responsible or liable, under any circumstances,  for the said sites or applications, the content thereof, and/or the Personal Data processing applied and/or carried out thereby. More specifically, this notice does not apply to the processing carried out by parties other than Pagani, such as for example the partners whose sites or applications are visited through links and social networks found when browsing the pages of the Site.

This privacy notice may be updated,  therefore we advise you to re-read it periodically.

 

CONTENTS

  1. Data controller
  2. Data processed
  3. Purposes of the processing and lawful basis
  4. Personal Data recipients
  5. Transfer of Personal Data
  6. Personal Data retention
  7. Rights of the data subject

 

  1. Data controller

The following notice is provided to you by the company Horacio Pagani S.p.A., as identified at the beginning of this notice, acting in the capacity of data controller in relation to the Personal Data processed through the Site.

 

  1. Data processed

Your Personal Data may be collected and processed either because you have provided it voluntarily, for example by sending requests or enquiries using the Pagani contact details found on the Site, or because the Data has been collected automatically while you were browsing the Site.

 

The Personal Data processed by Horacio Pagani S.p.A. through the Site falls into the following categories:

Data you have disclosed

When you send messages, optionally, expressly and voluntarily, using the Pagani contact details found on the Site, as well as any private messages you may send to the company’s social media accounts and/or pages, your Personal Data is acquired (in the form of your contact details) in order to answer you and likewise all the Personal Data included in your messages is acquired. We therefore urge you not to send Data falling into certain categories (‘Special Data’) unless you deem it essential in order for us to carry out your request or answer your enquiry.

Personal Data concerning other people

In the event that you decide to share information about other people (‘third-party data’), you will be considered independent data controllers and, as such, are required to accept all the obligations, responsibilities, and liabilities¬† provided for by law. Therefore, in this regard, you hereby accept to hold Pagani harmless in relation to any dispute, claim, or compensation sought for damage resulting from processing, etc. that may be lodged against Pagani by third parties whose Personal Data has been forwarded by you in breach of applicable personal data protection rules.

Staff recruitment

If you intend to apply for an employment position at Pagani, please see the specific privacy notice provided in the “Work with us” section of the Site, reading the notice in full.

 

Navigation data and cookies

During standard operation, the computer systems and software procedures used to operate this Site acquire certain items of Personal Data¬† automatically through the use of Internet communication protocols. This information is not collected by Pagani in order to be associated with identified individuals; however, the nature of this information is such that it could – through processing and association of Data held by third parties –¬† allow users to be identified.

This kind of data includes IP addresses, domain names of computers used by Users connecting to the Site, as well as the URI (Uniform Resource Identifier) addresses of any resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained in reply, the numerical code indicating the server reply status (successful, error, etc..) and other parameters relating to the operating system and the user’s IT environment.

This Data is used for the sole purpose of obtaining anonymous statistical information about Site usage, to check that the Site is working properly, and  to detect anomalies and /or misuse.

The Site does not use profiling cookies or similar tracking technologies. Further information on the use of cookies is available in the Cookie Policy section, which must be read for reference. You are advised that disabling technical and functional cookies could make it impossible to use all the features of the Site properly, as well as to view Site contents and use the related Services.

 

  1. Purposes of the processing and lawful basis

Your Personal Data is processed by Pagani for the following purposes:

  1. to provide assistance relating to use of the Site and Services; to send you any information you have expressly requested when contacting Pagani using the contact details stated on the Site owned thereby (“Management of request and enquiries“). The processing carried out ¬†on Personal Data for this purpose is strictly that which is necessary in order for us to¬† carry out your requests/answer your enquiries (more specifically,¬† for activities that allow you to use the Site and to carry out requests or answer enquiries sent using the Pagani contact details). Therefore, the provision of data, while given freely, constitutes a necessary condition in order to establish a pre-contractual relationship and likewise to carry out your requests or answer your enquiries. Consequently, failure to provide the Personal Data required for this purpose, or the provision of Data which is then found to be incorrect, could make it impossible for Pagani to carry out your request, answer your enquiry, or provide you with the assistance sought.
  2. to fulfil obligations provided for by laws, EU regulations and legislation, or provisions issued by authorities authorised to do so by law and by supervisory and control bodies. (“Legal obligations“). The provision of Personal Data and the processing of this Data for this purpose are necessary in order for Pagani to be able to correctly fulfil any legal obligations imposed thereon. The Data will be processed according to applicable legislation, which could involve the Data being retained and disclosed to authorities for accounting or tax requirements or¬† to fulfil other obligations.
  3. to obtain the information needed to detect anomalies, fraudulent activities and/or misuse during Site use, against Pagani or third parties (“Security“). The lawful basis for processing for this purpose is Pagani’s legitimate interest in identifying and preventing illegal actions, misuse, or fraud and to establish liability in the event of computer crimes against the Site, Pagani, or third parties.

 

  1. Personal Data recipients

Personal Data will be disclosed to the Pagani staff appointed and authorised to process the Data for the aforesaid purposes, who have either undertaken to maintain confidentiality or are bound to maintain confidentiality by a legal obligation imposed thereupon.

The Personal Data will be disclosed to third parties designated as data processors in accordance with applicable law as  appointed to process Data on behalf of Pagani (for example, IT systems and services support companies, email providers, service providers, and consulting companies) with such disclosure being limited to solely that which is necessary in order for them to carry out their appointments for Pagani.

Likewise, the Personal Data may be disclosed to third parties with whom Pagani entertains contractual relationships concerning services which are linked to the performance of their activities (for example, couriers for the shipment and delivery of products, audit firms, and companies that provide administrative assistance and consulting, legal, and tax  services).

Finally, when required, data will be sent to tax offices and/or other public administration authorities in compliance with the laws in force.

The Personal Data processed will not be published or disseminated.

 

  1. Transfer of Personal Data

In consideration of Pagani’s international scope and the Site’s Services, which are also aimed at data subjects located outside the EU/EEA, some of your Personal Data will be shared with recipients (in the categories stated in the previous section) located in countries outside the EU or the European Economic Area. Furthermore, the Personal Data processed for the purposes stated above may be shared, used, and transferred amongst companies in the Pagani Group for internal administrative or accounting purposes, whose registered premises¬† may be located in countries either in or outside the European Union and/or the European Economic Area.

The Data will be processed by these parties solely for the purposes for which it was collected and in compliance with applicable regulations. Therefore, in the event that data is transferred¬† outside the European Union or European Economic Area, all and any contractual measures deemed suitable and necessary to guarantee an adequate level of protection will be adopted, including ‚Äď amongst others ‚Äď adequacy decisions, agreements based on the pro tempore standard contractual clauses¬† in force approved by the European Commission, and/or any other guarantee which may help ensure the level of protection of natural persons guaranteed by EU Regulation¬† 2016/679 is not jeopardised.

 

  1. Personal Data retention

Personal Data processed for the purpose defined as “Management of requests and enquiries” will be kept by Pagani for as long as is strictly necessary to provide the Service requested and to carry out pre-contractual and contractual relations. The requests that you sent using the Pagani contact details found on the Site (and the Data contained in them)¬† will be kept for one year from closure of the request/enquiry; after that, any Data that allows a natural person to be¬† identified, even indirectly, will be deleted.

Personal Data processed for the purpose defined as “Legal Obligations” will be kept for the length of time provided for by specific legal obligations or applicable legislation.

Personal Data processed for the purpose defined as “Security” will be kept by Pagani for as long as is strictly necessary to fulfil this purpose, taking into account the retention needs relating to defence in court or disclosure of this Data to the competent authorities. As regards the retention times for Data processed through¬† individual¬† cookies, we advise you to refer to the list of cookies contained in the Cookie Policy section.

 

  1. Rights of the data subject

Pursuant to Arts. 15 – 22 of EU Regulation 2016/679, each data subject has a series of rights which they may exercise against Horacio Pagani S.p.A at any time, free of charge.

More specifically, you are entitled (in the cases provided for and within the limits set by applicable legislation) to  access your Personal Data and have such Data corrected or deleted, as well as to have the processing thereof restricted and to oppose the processing (Arts. 15 et seq. of the Regulation).  You are also entitled (where envisaged) to request data portability and, therefore, to receive the Personal Data concerning you in a structured, commonly used, machine-readable format and likewise, you  are entitled to request such Data be sent to another data controller.

You can exercise the rights afforded to you by contacting the Data Controller for this specific purpose using the contact details stated at the beginning of this privacy notice (preferably by emailing Pagani at the following address: privacy@pagani.com).

The Data Controller will carry out requests  from the data subject to exercise the rights thereof in a timely manner and, in any case, within the time limits established by legislation in force.

 

Right to complain

Data subjects who believe that the way their  Personal Data has been processed through this Site breaches the provisions of the Regulation are entitled to file a complaint with the Italian data protection authority, as required by Art. 77 of the Regulations, or to apply to the  appropriate judicial authorities (Art. 79 of the Regulation).

 

COOKIE POLICY

CONTENTS

  1. Definitions, types, and application of legislation
  2. Types of cookies used by the paganistore.com website
  3. How to manage or delete cookies

 

  1. Definitions, types, and application of legislation

Cookies are small text files that sites send and record on a visitor’s¬† computer or mobile device, in order to send them back the next time the user visits the site. Through cookies, a site remembers the user’s actions and preferences (through details such as their login data, the language chosen, the products they have placed in their basket, font sizes and other display settings, etc.) so that they do not have to be stated again when the user returns to visit the said site or moves from one page to another.

Cookies can be used for different purposes such as, for example, to perform computer authentication, to monitor sessions,¬† to store information about specific configurations concerning users that access the server, to store preferences, or to facilitate the use of online content, such as for example to keep track of items in a shopping basket or information entered when completing a computer form. Cookies can also be used to profile the user, i.e. to “observe” their behaviour for various reasons such as to¬† send targeted advertising, to measure the effectiveness of advertising messages, and to adopt commercial strategies as a result. In this case, the cookies concerned are profiling cookies. The same result can also be achieved by means of other tracking tools or techniques, including fingerprinting.

For more information about cookies and their functions in general, please visit the page explaining cookies on the Italian  data protection authority website, which can be found at the link https://www.garanteprivacy.it/temi/cookie.

 

Cookies can be set directly by the site that the user is visiting or by any website reached when a user enters an address (displayed in the URL field) ‚Äď in which case they are referred to as ¬†“first-party cookies”).

While browsing a site, cookies can also be set on the user‚Äôs device by other sites or web servers than the one they are visiting, in which case they are called ¬†“third-party” cookies). Cookies classify as third-party cookies when a user visits a website and a third party (i.e. a party other than the provider of the site visited) releases a cookie through¬† the said site.

 

Cookies and, to a large extent, other tracking tools may differ timewise and therefore they may be classified based on their duration (i.e. session¬† cookies or permanent cookies), or based on the party that sets them (depending on whether the publisher is acting independently or on behalf of another party, “third-party cookies”). However, the classification aligned with the rationale behind applicable legal provisions (and therefore which protects the needs of the individual concerned) envisages the following categories:

  1. a) technical cookies, which are used solely to transmit information over an electronic communications network or Рif and when strictly necessary Рfor the provider of an information company service which has been expressly requested by the contractor or user to provide such service (Article  122, section 1 of the Italian data protection code). These cookies are used either for browsing or to provide a service requested by the user; they are not used for any further purposes and are normally set directly by the website provider. Without these cookies, certain operations cannot be performed or can be performed but are more complex and/or less secure.
  2. b) profiling cookies, which are used to associate specific actions or patterns of behaviour which occur repeatedly during use of the features offered with certain (identified or identifiable) people so as to be able to group together different users into homogeneous clusters of various sizes and therefore allow the data controller, among other things, to provide increasingly customised services, beyond those which are strictly necessary, as well as to send targeted advertising, i.e. advertising which is in line with the preferences expressed by the user when browsing online. For profiling cookies to be enabled, prior consent from the user is required.
  3. c) analytical cookies, which can be used to collect aggregate data concerning the number of users and how they browse the site. These cookies can be deemed technical cookies if they are used to optimise the site directly by the website provider, which can collect aggregate statistical information about the number of users and on how they visit the site. If, on the other hand, the processing of such statistical analyses is assigned to third parties, the user data must be minimised in advance and cannot be combined with other processing or sent to other third parties.
  4. d) functional cookies, which allow the user to browse according to a set of selected criteria (for example, language, products selected for purchase) in order to enhance the service provided thereto. If navigation, session, and/or functional cookies are disabled, the Site may not be accessible and some services or certain features of the Site may not be available or may not work properly.

 

  1. Types of cookies used by the Site

The Site may use the following types of cookies:

  1. technical, navigation, or session cookies which are strictly necessary for the operation of the Site or to allow the user to use the content and services requested;
  2. functional cookies, i.e. used to activate specific features of the Site and to configure it according to the user’s choices (for example, the language), in order to improve the browsing experience.
  3. analytical cookies, which provide information about how the site is used by users and allow the ingoing and outgoing traffic to be tracked.

The details of the cookies used by the Site can be viewed using the “Show details” button on the cookie banner.

 

  1. How to manage or delete cookies

You can authorise, disable,  or delete (in whole or in part) cookies using the specific settings for your browser. If different devices are used to view and access the site (for example, computers, smartphones, tablets, etc.), users must make sure each browser on each device is set so as to reflect their preferences regarding cookies. At the end of each browsing session, the cookies collected can be deleted from your device. For information on how to do this, please see the specific instructions for the browser used.

 

Clicking on the links below takes you to specific instructions for managing cookies with some of the leading browsers.

Microsoft Windows Explorer

http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies

Google Chrome

https://support.google.com/chrome/answer/95647?hl=en&p=cpn_cookies

Mozilla Firefox

https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Apple Safari

http://www.apple.com/legal/privacy/it/cookies/

 

The consent given for the cookies that need it can always be withdrawn by accessing the cookie preferences centre by clicking on the icon in the lower left-hand corner of the Site’s pages.

The cookie banner on the site will re-open whenever:

  1. one or more processing conditions change significantly;
  2. it is impossible to determine whether a technical cookie has already been placed on the device used to access the Site (for example, if the user has deleted the cookies from the device);
  3. at least six months have passed since the last time the cookie banner was opened.