Privacy Policy - Ducati Web3

PRIVACY INFORMATION NOTICE ON THE PROCESSING OF PERSONAL DATA OF THE USERS VISITING THE WEBSITE.
Last updated July 20, 2023

INTRODUCTION

Web3Pro, Inc., which can be contacted at the following e-mail address termsofuse@web3pro.com (“we” or “us” or “our” or the “Company”) respects the privacy of our users (“User”, the “Data Subject” or “you”). This privacy information notice (the “Privacy Policy”) explains how we collect, use, disclose, and safeguard your information when you visit our website nft.ducati.com, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the Site. The Company acts in its capacity of data controller of the Site Users’ personal data in compliance with UE Regulation n. 2016/679 (hereinafter “GDPR”).
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes in advance. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification.
You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.

CATEGORIES OF DATA PROCESSED

We may collect information about you in a variety of ways. The information we may collect on the Site includes:
  • Personal details, including name and surname;
  • The contact details, including the address, telephone number and e-mail address;
  • Navigation data relating to the IP address, identification codes of the devices used by the User for the use of the pages or services, data relating to the characteristics of the browser and the access timing.
(Hereinafter jointly the “Personal Data”).

PURPOSES OF THE PROCESSING

The Personal Data that the Users provides during the navigation on the Site are collected and processed for the following purposes:
  • to create and manage a personal account on the Site;
  • to enjoy the services on the Site, including signing up to receive our newsletter;
  • to respond to information requests from Users, including to send potential informative material as requested by Users themselves (hereinafter jointly referred to as “Contractual Purposes”);
  • to comply with the applicable legislation, including tax legislation (hereinafter, the “Law Purposes");
  • with the Data Subject’s prior consent, to send commercial communications, mobile applications, banners, e-mail and telephone, relating to our products and services, as well as to carry out statistical analysis and market surveys (hereinafter, “Marketing Purposes”);
  • to exercise or defend the Data Controller’s rights, against Users or third parties in any dispute;
  • to perform activities functional to completing a potential merger, sale of assets or business transfers or other transformations and to execute such operations (hereinafter jointly referred to as "Legitimate Interest Purposes").

LEGAL BASES OF THE PROCESSING

The processing of Personal Data for the Contractual and Law Purposes is essential for registering on the Site, enjoying the services offered by us and responding to Users’ requests; any refusal to provide such Personal Data for such purposes could result in the complete or partial failure to provide the requested services.
The processing of Personal Data for the Marketing Purposes is not mandatory and is based on the Data Subject’s free consent. However, in the event the User decides not to provide the Personal Data for Marketing Purposes, it will not be possible for the Data Subject to receive updates on our services and products. In any case, the User has the right, at any time, to withdraw the given consent, free of charge, as well as to object to the commercial communications received via e-mail by clicking on the dedicated link at the bottom of such e-mails or by notifying such intention by sending an e-mail to termsofuse@web3pro.com
The processing of the Personal Data for the Legitimate Interest Purposes is carried out pursuant to Article 6, letter f) of the GDPR, for the pursuit of the Data Controller’s legitimate interest, which is adequately balanced with the Data Subjects’ rights and freedoms since the processing of the Personal Data is performed within the limits strictly necessary to perform the required economic activities and the other activities described above. The processing for the Legitimate Interest Purposes is not mandatory and the User can object to the data processing at any time as set out in this Privacy Notice, but in such case no data processing will be carried out for the Legitimate Interest Purposes, without prejudice to an overriding interest of the Data Controller in continuing the processing.

METHOD OF PERSONAL DATA PROCESSING

The processing of the Personal Data takes place according to the principles of correctness, lawfulness and transparency, through the use of tools and procedures suitable for guaranteeing their security and confidentiality and can be carried out both on paper and with the aid of electronic tools.
The processing is carried out with the use of appropriate security measures to minimize the risk of unauthorized access to Personal Data by third parties, their destruction and/or deterioration, and to ensure confidentiality, pursuant to art. 32 of the GDPR.

RETENTION OF PERSONAL DATA

Personal Data will be stored only for the time necessary to achieve the purposes for which they are collected as set out above and more specifically:
  • with regards to Contractual Purposes, for the time necessary for the management of the Users’ request and for the following 10 years;
  • with regards to Law Purposes, for the duration prescribed for each type of personal data by the relevant laws;
  • with regards to Marketing Purposes, for 2 years from the last interaction with the User (e.g., signing up for the newsletter, opening of a commercial e-mail, etc.);
  • with regards to Legitimate Interest Purposes, for the entire duration of the Users’ request management and for the following 10 years, in the event the Personal Data are necessary to protect and enforce the Data Controller’s rights against the Data Subject and/or third parties in any legal disputes. In the event the processing is aimed at carrying out activities functional to the transfer of a company or business, acquisitions, mergers or other transformations, the retention periods above will apply with respect to the main processing performed.
At the end of the retention periods above, Personal Data will be deleted or anonymized.

DISCLOSURE OF YOUR INFORMATION

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law Or To Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
Marketing Communications
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
Interactions With Other Users
If you interact with other users of the Site, those users may see your name, profile photo, and descriptions of your activity, including communicating with other users.
Online Postings
When you post comments, contributions or other content to the Site, your posts may be viewed by all users and may be publicly distributed outside the Site in perpetuity.
Third-Party Advertisers
We may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to the Site and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
Affiliates
We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
Business Partners
We may share your information with our business partners to offer you certain products, services or promotions.
Other Third Parties
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
Sale Or Bankruptcy
If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur, and that the transferee may decline honor commitments we made in this Privacy Policy.
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

PERSONAL DATA TRANSFER

The Personal Data may be transferred to countries outside the European Economic Area (EEA). In case of data transfer outside of the EEA, Data Subjects’ Personal Data will be transferred in compliance with the appropriate and suitable safeguards to carry out such transfer, pursuant to articles 44 et seq. of the GDPR.

TRACKING TECHNOLOGIES

Cookies And Web Beacons
We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Site and improve your experience. When you access the Site, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies but be aware that such action could affect the availability and functionality of the Site. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
Internet-Based Advertising
Additionally, we may use third-party software to serve ads on the Site, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us.
Website Analytics
We may also partner with selected third-party vendors to allow tracking technologies and remarketing services on the Site through the use of first party cookies and third-party cookies, to, among other things, analyse and track users’ use of the Site, determine the popularity of certain content and better understand online activity. By accessing the Site, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors.
You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

THIRD-PARTY WEBSITES

The Site may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Site, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Site.

SECURITY OF YOUR INFORMATION

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

POLICY FOR CHILDREN

We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.

CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

OPTIONS REGARDING YOUR INFORMATION

Account Information
You may at any time review or change the information in your account or terminate your account by contacting us using the contact information provided below.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.
Emails And Communications
If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by contacting us using the contact information provided below.
If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

DATA SUBJECTS’ RIGHTS

The User, as data subject, can, at any time, exercise the following rights pursuant to art. 15-22 of the GDPR:
  • receiving confirmation if there is any Personal Data processing taking place and, if so, obtaining access to such Personal Data, know the related origin, the purposes of the processing and its methods, as well as the logic applied to the processing carried out by electronic means;
  • obtaining the update of the Personal Data, and the rectification of incorrect Personal Data without unjustified delay. Considering the purposes of the processing, data subjects have the right to obtain the integration of incomplete Personal Data, even by supplying a supplementary declaration;
  • obtaining the erasure of Personal Data without unjustified delay;
  • obtaining the limitation of the processing, provided that the conditions of art. 18 of the GDPR are met;
  • obtaining the Personal Data portability, meaning receiving in a structured, common use, readable format from automatic device, the Personal Data to him/her referred that had been previously supplied to the Data Controller;
  • objecting, on grounds relating to his or her particular situation, to the processing of the Personal Data according to art. 6, par. 1, letter e) or f) of the GDPR. In this case, the Data Controller will stop processing further the Personal Data, provided there are no compelling legitimate grounds for continuing the processing, which override the interests, rights and on freedoms of the Data Subject or for the establishment, exercise or defense of legal claims;
  • not being subject to a decision based only on automatized processing, producing legal effects in your regards or similarly significantly affects your person, pursuant to art. 22 of the GDPR;
  • addressing to the relevant Data Protection Authority to lodge a complaint, shall you consider your Personal Data to have been processed unlawfully.
Requests for the exercise of rights may be made in writing to the Data Controller, who can be contacted at the following e-mail address termsofuse@web3pro.com.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.