TERMS AND CONDITIONS OF USE OF THE SITE, AND CODE OF CONDUCT

1.

Definitions

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 – 41122 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. 

2.

Introduction

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.

Failure to comply with the following restrictions constitutes a violation of the Terms of Use and will give Ferrari the right to terminate the Contract unilaterally.

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.

11.

Framing

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.

12.

Disclaimer

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

CODE OF CONDUCT FOR REGISTERED USERS

1.

Introduction

Various categories of User may register on the Site.

The services and content reserved for Registered Users are only those specified in the Code of Conduct and/or on the Site at the time of access. Ferrari will inform Registered Users of new services using the official channels on the Site.

No activity or initiative reserved for Registered Users will be binding on Ferrari, which may change the services offered at any time.

Registered Users may also submit requests, complaints or suggestions through the official channels (Customer Service, email address “customercare@ferrari.com”); emails received through other channels will not be answered unless indicated otherwise by the administrator.

2.

“Ferrari Guest” User Community: registration, services and termination

Fans can join the online Ferrari community through the site www.ferrari.com. To become a “Ferrari Guest” the User must enter the personal details requested on the online form, and select a username and password to complete the registration process.

Once registered, a Ferrari Guest User can use the following services free of charge:

a) access the full list of content and services reserved for Ferrari Guest Users;

c) find out about all the events reserved for the Community;

d) take part in video chats and competitions.

Ferrari Guest Users can terminate their registration (Art. 65(2) b) of legislative decree 206/2005 (the Consumer Code). The notice of termination must be sent in writing (Art. 64(2) of the Consumer Code) by registered post to Ferrari’s headquarters at Via Emilia est 1163 P.O. Box 5891-41122 Modena.

Termination will result in cancellation of all the Services available to that type of User. If a Ferrari Guest User also intends to request the deletion of personal information provided at the time of registration, he or she may also send a request to the data controller or data coordinator (Art. 8(1) of legislative decree 196/2003) indicated in the “Privacy Policy” section on the Site. Where possible, the details will be deleted, otherwise they will be blocked.

3.

“Scuderia Ferrari Membership” User: registration, services and termination.

To become a “Scuderia Ferrari Member” (“SF”) user, the User must enter the information requested in the online form, and pay the annual membership fee as indicated in detail on the Site.

On completion of the registration process, the SF User can then receive a membership card, and free gift, and will then receive the credentials for the Ferrari.com site.  

Once registered, the Member can access the following services:

a) view all the exclusive content available to Members;

b) use all the screensavers and wallpaper on the Site, on his/her own devices;

c) enter video chats and competitions.

d) receive the newsletter for SF Members.

e) take part in Member events, at the discretion of Ferrari (limited numbers apply).

f) benefit from discounts and special rates on online or offline products and services.

Access to the above services will last for one year from the date of registration and is not automatically renewed on expiry, except where membership is renewed according to the instructions published by Ferrari on the Site.

SF Members cannot terminate the contract as provided for in Articles 64 et seq of the  Consumer Code, as the contract entered into by the SF User at the time of registration relates to leisure services (Art. 55(1) b) of the Consumer Code). Therefore the User may not request the reimbursement of the annual membership fee.

However, an SF User may request the deletion of his or her data at any time, as indicated in Art. 8(1) of legislative decree 196/2003, by sending a request to the data controllers or data coordinator indicated in the Privacy Policy section on the Site. Where possible, the data will be deleted, otherwise it will be blocked, from the date of expiry of the annual registration.

4.

“Owner” User: registration, services and termination

Ferrari owners can register in the “My Ferrari” section, which can be accessed using the “my.ferrari.com” address dedicated to “Ferrari Owner” Users.

To access the “MyFerrari” section as a Ferrari Owner User, the User must enter the personal details requested in the online form, and must also enter his or her credentials. Ferrari will then verify the Owner’s status and allow the Ferrari Owner User to access the following services:

a)     View the list of cars and details (optionals, warranty dates etc.) for each vehicle, based on the available information;

b)     Download the use and maintenance manuals, and certificates, based on the available information;

c)     Save the configurations made on the car configurator and send them to the dealer;

d)     Update the vehicle data and use any other services that may be available;

e)     Receive information about exclusive events and initiatives for Ferrari Owners.

Ferrari Owner Users can terminate their registration (Art. 65(2) b) legislative decree 206/2005 (the “Consumer Code”) by sending written notice (Art. 64(2) of the Consumer Code) by registered post to Ferrari’s headquarters at Via Emilia est 1163 P.O. Box 5891-41122 Modena.

Termination will result in the cancellation of all the Services for that type of User. If the User also intends to request the deletion of personal information provided at the time of registration, he or she may also send a request to the data controller or data coordinator (Art. 8(1) of legislative decree 196/2003) indicated in the “Privacy Policy” section on the Site. Where possible, the details will be deleted, otherwise they will be blocked.

5.

Netiquette for Registered Users

Registered Users agree to respect the principles of good online behaviour (“netiquette”).

Access to the Site implies that the Registered User has read and fully accepts the Terms and Conditions of Use and the Code of Conduct.

Registered Users must be fair and respectful to other Users and administrators in all activities on the Site.

The Registered User is the only person responsible for the information and posts left on the site, and for any violations on the forums and blogs accessible from the Site. Posts only express the opinion of the author.

The Registered User also agrees not to send illegal, obscene, vulgar, defamatory material, not to incite hatred, make threats or submit any message with illegal or immoral content, or that may outrage public decency.

Ferrari and the website manager may remove offensive or illegal posts, at their discretion or at the request of other Users.

The Registered User agrees not to use the Service as a way of circulating spam or junk mail. The Registered User is also prohibited from leaving posts intended to damage the technical structure of the Site.

Registered Users must report any offensive, abusive or illegal content to Ferrari at the address: customercare@ferrari.com.

Deliberate failure to observe the above rules will result in immediate exclusion from the Community, forums, blogs, and possibly the blocking of the User’s account.

6.

Severability

If any provision of these Terms and Conditions of Use is considered illegal, null and void or ineffective for any reason, the invalid clause will be removed and shall not affect the validity or effect of the remaining clauses.

7.

Governing law and forum

Without prejudice to any other rights available to Users under the terms of national or supranational laws, the Terms and Conditions of Use of the Site, and the Code of Conduct are subject to and shall be interpreted in accordance with the laws of Italy (with the exclusion of the rules of international private law), including any disputes concerning the existence, validity or effect of the Terms and Conditions of Use, the Code of Conduct and any other agreement they may refer to ( CONSUMER RELATIONS ARE GOVERNED BY THE ROME 1 REGULATION (593/2008) WHICH STATES: (I) THAT IN THE APPLICABLE LAW IN THE ABSENCE OF CHOICE WILL BE THAT OF THE COUNTRY OF HABITUAL RESIDENCE OF THE CONSUMER (II)THAT THE CHOICE OF AN APPLICABLE LAW NOT FROM THE COUNTRY OF HABITUAL RESIDENCE OF THE CONSUMER IS APPLICABLE ONLY IF IT DOES NOT DEPRIVE THE CONSUMER OF THE RIGHTS HE/SHE WOULD HAVE ENJOYED ON THE BASIS OF THE LAW THAT WOULD HAVE BEEN APPLICABLE IN THE ABSENCE OF CHOICE AND ALSO OF THE LAWS OF HIS/HER COUNTRY OF RESIDENCE. FURTHERMORE, THE CONSUMER CODE ALSO STATES THAT CLAUSES PERTAINING TO THE CHOICE OF NON-EU LAWS WHICH WOULD DEPRIVE THE CONSUMER OF PROTECTION PROVIDED FOR UNDER DIRECTIVE 93/13/EEC ARE NULL. )

Without prejudice to any rights available to Users under the terms of national or supranational laws, the Court of Modena shall have sole jurisdiction over any disputes arising in relation to these Terms and Conditions of Use, the Code of Conduct, and any other agreement they may refer to.

In the event of any dispute as to the interpretation of the Italian and English versions of these Terms and Conditions of Use and of the Code of Conduct, the Italian version shall prevail.

8.

About the company

Ferrari S.p.A.
Headquarters and factory: Via Abetone Inf. 4, I-41122 Maranello (Modena)
tel +39 0536.949111
Registered office: Via Emilia est 1163 P.O. Box 589 I-41122 Modena
Share capital: € 20,260,000 fully paid up
VAT no. and tax code: 00159560366.
Modena Companies Register number – Economic Administrative Index of Modena: 88683
Direction and Coordination: Fiat SpA

9.

Contacts

For communications and information:

email: customercare@ferrari.com

PRIVACY POLICY OF FERRARI.COM

INTRODUCTION

The Privacy Policy is aimed at describing the management of the personal data collected by Ferrari S.p.A. (“Company”) through this website, in compliance with the applicable law.

1.

PERSONAL DATA COLLECTED

Personal data that may be collected are the following:

  • personal data provided to receive a specific service (e.g. name and contact details);
  • browsing data (e.g. IP address, location – country -, information on pages visited by the user within the website, access time on the website, navigation time on each page, clickstream analysis. While the Company does not collect this information in order to link it to specific users, it is still possible to identify those users either directly via that information or by using other information collected);
  • cookies (i.e. small text files that may be sent to and registered on the user computer by the visited websites, to then be re-sent to those same sites when the user visit them again. Please refer to the website Cookie Policy for details).

2.

PURPOSE AND PROCEDURE FOR THE PROCESSING

The personal data collected (“Data”) may be processed for the following purposes:

a)   giving execution to a specific user request or provide the requested service (“Service”);

b)   allowing the Company to perform surveys on customers satisfaction (“Customer Satisfaction”) related to the quality of Company goods and services according to the Company legitimate interest;

c)   subject to your express consent, sending commercial communications as well as sending advertising on Company products and services, or performing market researches (“Marketing”);

d)  subject to your express consent, analyzing your behaviors, habits and propensity to consume to enhance products and services provided by the Company as well as satisfy your expectations;

e)   subject to your express consent, communicating Data to the companies controlled directly or indirectly by Ferrari N.V. and/or connected to Ferrari S.p.A. (“Ferrari Group Companies”) that will process them to send commercial communications as well as advertising on their products and services, or perform market researches (“Marketing Ferrari Group Companies”);

f)    improving the user experience on the Company websites.

 

The Data may be processed in hardcopy, by automated or electronic means including via mail or e-mail, phone (e.g. automated phone calls, SMS, MMS), fax and any other mean (e.g. web sites, mobile apps).

3.

RECIPIENTS OF THE DATA

The Data may be processed by natural persons and/or legal entities, acting on behalf of the Company and under specific contractual obligations, based in EU Member States or in countries outside the EU.

The Data may be communicated to third parties to comply with legal obligations, to execute Public Authorities orders or to exercise a Company right before judicial authorities.

4.

DATA TRANSFER OUTSIDE OF THE EEA

Within its contractual relations the Company may transfer the Data in countries outside of the European Economic Area (EEA), including store them in databases managed by entities acting on behalf of the Company. Databases management and Data processing are bound to the purposes of the processing and are carried out according to applicable data protection law.

In case the Data are transferred outside of the EEA the Company will use any appropriate contractual measures to guarantee an adequate protection of the Data including – among the others – agreements based on the standard contractual clauses adopted by the EU Commission to rule the transfer of personal data outside of the EEA.

 

6.

CONTROLLER AND DATA PROTECTION OFFICER TEAM

The Controller is Ferrari S.p.A., with registered office in Via Emilia Est, N. 1163, Modena, Italy.

You can contact the Data Protection Officer at the email address privacy2@ferrari.com.

7.

DATA RETENTION

The Data processed to provide the Service and the Customer Satisfaction will be kept by the Company for the period deemed strictly necessary to fulfil such purposes. However, the Company may continue to store these Data for a longer period, as may be necessary to protect Company’s interests related to potential liability related to the provision of the Service.

Data processed for Marketing and Profiling purposes will be kept by the Company from the moment you give consent until the moment you withdraw the consent. Once consent is withdrawn, Data will no longer be used for these purposes, although they may still be kept by the Company, in particular as may be necessary to protect Company’s interests related to potential liability related to this processing unless further clarification are provided by the competent Supervisory Authority in this regard.

The Data processing to improve the user experience on websites will be kept for the periods indicated in the Company Cookie Policy.

8.

DATA SUBJECTS’ RIGHTS

Data subjects can exercise the following rights:

  • right to access means the right to obtain from the Company whether your Data are being processed and, where applicable, have access to them;
  • right to rectification and right to erasure means the right to obtain the rectification of inaccurate and/or incomplete Data, as well as the erasure of Data when the request is legitimate;
  • right to restriction of processing means the right to request suspension of the processing when the request is legitimate;
  • right to data portability means the right to obtain Data in a structured format, ordinary used and readable, as well as the right to transfer Data to other controllers;
  • right to object means the right to object to the processing of Data when the request is legitimate, including when the Data are processed for marketing or profiling, if applicable;
  • right to lodge a complaint with a supervisory authority in case of unlawful processing of Data.

 

Data subject can exercise the abovementioned rights by writing to Ferrari S.p.A., via Abetone Inferiore 4, Maranello (MO), Italy or at privacy2@ferrari.com.

9.

AMENDMENTS

This Privacy Policy entered into force on 24/05/2018.

The Company reserves the right to partly or fully amend the Privacy Policy, or simply to update its content (e.g. as a result of changes in applicable law). The Company will publish any update on this website.