INFORMATION
ARTT. 13 AND 14 OF REGULATION (EU) 2016/679
Interested Subjects: Navigators, users of the services.

At Bimota S.p.A. we intend to give you as much control as possible over your personal information.

When you visit any of our websites we may need to collect personal information from you.

Bimota respects the privacy of everyone who visits our website in accordance to the Rules (UE) 2016/679 also known as GDPR.

Please read this privacy policy carefully so that you can understand how Bimota collects and uses the personal information that you provide to us.

1. What does this privacy policy cover?

This privacy policy covers Bimota’s use of your personal information which is collected through or in connection with your use of any of Bimota’s websites.

The types of personal data collected may include: name, age, address, telephone number, email address, financial or payment information and technical information, such as your IP address or location data.

Bimota may also collect, use and share aggregated data such as statistical or demographic data for any purpose.

Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity.

However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

Bimota does not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).

Nor do we collect any information about criminal convictions and offences.

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with products or services).

In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

Bimota websites may contain links to other websites.

Bimota is not responsible for the privacy notices or the content of such websites even if:

• you accessed the third party website using links from our website; or
• you linked to our website from a third party website.

Bimota recommends that you check the notices of each site you visit and contact the owner or operator of such website if you have any concerns or questions.

2. Who is responsible for the personal information collected on Bimota’s websites?

Bimota controls the personal data collected on Bimota’s websites (including, but not limited to, Clubs Bimota, Test Ride, and our consumer website).

Therefore for the purposes of the Data Protection Act 1998 and, when it comes into force, the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) and all successor legislation to the Data Protection Act 1998 and the GDPR (the “Data Protection Legislation”), Bimota is the controller of the data you have provided or we have collected.

3. How will your personal information be used?

The personal data Bimota may collect during your use of Bimota’s websites may be used in order to: carry out our obligations arising from any contracts entered into between you and Bimota, including to:

• register you as a new customer;
• respond to queries or requests submitted by you;
• process orders or applications submitted by you, including to manage payments, fees and charges;
• administer or otherwise carry out our obligations in relation to any agreement you have with us;
• anticipate and resolve problems with any goods or services supplied to you;
• manage our relationship with you including notifying you about changes to our terms or privacy policy; and/or to enable you to take part in a prize draw or competition;
• to comply with any legal obligations to which we are subject; or
• where it is necessary for our or a third party’s legitimate interests (except where such interests are overridden by your interests or fundamental rights and freedoms) which may include to:

carry out market research and track sales data to study how customers use our products and how to improve our websites, products and businesses;

• ask you from time to time if you would like to take part in one of our surveys or leave a review to enable us to create products or services that may meet your needs and to study how customers use our services;
• carry out administration and protection of our websites including troubleshooting, data analysis, system maintenance and support in order to run and protect our business and IT services and to prevent fraud;
• deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.
• This helps us study how customers use our websites and our products; and/or

make suggestions and recommendations about goods or services that may be of interest to you in order to develop our products and grow our businesses.

From time to time, Bimota may like to use the personal information you supply to us to inform you about our products and services that may be of interest to you, which may include contacting you by email.

You will only receive such communications from Bimota if you have requested information from us or purchased products or services from us and in each case you have not opted out of receiving such marketing communications.

We may also wish to give your personal information to Bimota affiliate offices and companies, which may be located inside or outside the European Economic Area (“EEA”) (subject to the below limitations relating to transfers of personal information outside the EEA), to enable them to send you information which may be of interest to you.

We will only do so where we have your express opt-in consent.

If at any time you wish Bimota or any third parties to stop sending you marketing communications, please let us know by sending an email to: info@bimota.it to update your personal settings.

Where you opt out of receiving these messages, Bimota will stop the use of your information for such purposes as soon as it is reasonably possible to do so.

Bimota will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

4. Will your data be transferred to third parties?

We may have to share your personal information with certain third parties for the purposes set out in paragraph 3 above, which may include:

• Bimota affiliate offices and companies;
• our outsourced managed information technology providers;
• professional advisers including lawyers, bankers, auditors and insurers based in the Italy;
• regulators and other authorities who require reporting of processing activities in certain circumstances;
• third parties to whom we may choose to sell or transfer all or parts of our business or our assets.

Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy;

• fraud prevention agencies;

We require all third parties to respect the security of your personal data and to treat it in accordance with the law.

We do not allow such third parties to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

As part of the products and services offered to you through our websites, the personal information you provide to us may need to be transferred to countries outside of the EEA for the purposes set out in paragraph 3 above.

By way of example, this may happen if any of our servers are from time to time located in a country outside of the EEA or one of our service providers is located in a country outside of the EEA.

Bimota will only transfer your personal information outside of the EEA where Bimota has a valid legal basis for doing so, for example where Bimota has obtained your express consent or where the transfer is necessary for the performance of a contract.

If Bimota intends to transfer your information outside of the EEA in this way, Bimota will take steps to ensure that your privacy rights continue to be protected and will ensure that at least one of the following adequate safeguards are in place:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

Except as set out in this privacy policy, Bimota will not disclose any personally identifiable information without your permission unless Bimota is legally entitled or required to do so (for example, if it is necessary to comply with a legal obligation or for the purposes of prevention of fraud or other crime) or if Bimota believe that such action is necessary to protect your vital interests or those of any other person.

5. Data security

Bimota has put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who need to access such data for the purpose for which it was collected.

They will only process your personal data on our instructions and they are subject to a duty of confidentiality respecting the rules of artt. 6 & 32 of the GDPR

However, the transmission of information via the internet is never completely secure.

Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

6. Retention

We will only retain your personal information for as long as is necessary to carry out the purpose for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

7. Does Bimota use Cookies?

Bimota may store some information (commonly known as a “cookie”) on your computer when you look at our websites.

Bimota is able to read these cookies for information purposes when you revisit our websites.

The type of information Bimota collects as a result of a cookie being accepted by you is specific to your computer and includes the IP address, the date and time the computer visited the websites, what parts of our website were looked at and whether the web pages requested were delivered successfully.

Bimota uses the cookie information to improve our knowledge of the use of our website and to enable us to be able to ascertain whether the website is operating at an optimal level.

This allows Bimota to enhance our web offerings to you and to provide an enjoyable and an innovative online experience.

Generally you can restrict, block or delete the cookies which are set by any websites by changing your internet browser settings.

However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our websites.

If you delete cookies relating to Bimota’s websites we will not remember things about you, including your cookie preferences, and you will be treated as a first-time visitor next time you visit our websites.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control.

These cookies are likely to be analytical/performance cookies or targeting cookies.

8. Which are your rights regarding the personal information you have provided to Bimota?

Under the applicable Data Protection Legislation, (Regulation UE 2016/679: Artt. 15, 16, 17, 18, 19, 20, 21, 22, 23 – interested party rights) you have several rights regarding the use of your personal data which Bimota respects and does its utmost to guarantee, including the following:

– where you have provided your consent to the processing of your personal data for any purpose, you have the right to withdraw such consent at any time by contacting us by post at Customer Services, Bimota S.p.A. Via Ausa 118 – Cerasolo Ausa 47853 (Rimini) Italy; or by email to info@bimota.it;

– you can ask us to rectify any inaccuracies in the personal information that we hold about you;

– you may be able to request the erasure of personal information that we hold about you where there is no good reason for us to continue processing it, where you have successfully exercised your right to object to processing, where we may have processed you information unlawfully or where we are required to erase your personal data to comply with local law;

– you may be able to object to our processing of your personal data where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.

You also have the right to object where we are processing your personal data for direct marketing purposes.

In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms;

– you can request us to restrict our processing of your personal data

(a) if you want us to establish the data’s accuracy;

(b) where our use of the data is unlawful but you do not want us to erase it;

(c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

(d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;

– you can request a copy of your personal data from us in a commonly used and machine-readable format or that we transmit your personal data to another data controller;

– you have the right not to be subject to automated decision-making, including profiling, which has legal or other significant effects on you; and

– you can access information held about you. You will not have to pay a fee to access your personal data (or to exercise any of the other rights).

However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.

Alternatively, we may refuse to comply with your request in these circumstances.

– You can exercise any of the above rights at any time by contacting us by post at Bimota S.p.A. Via Ausa 118 – Cerasolo Ausa 47853 (Rimini) Italy; or by email to info@bimota.it

If you want to know more about your rights please check this link: https://www.eugdpr.org

9. Will this privacy policy change?

From time to time Bimota may make changes to this privacy policy.

If Bimota makes any substantial changes to the way in which we use your personal data Bimota will post these changes on this page and will give you the opportunity to adjust your preferences if necessary.

Please check our privacy policy on a regular basis.

10. Whom should you contact if you have any questions or complaints?

Questions, comments, requests and complaints regarding this privacy policy or the use of your personal data should be addressed to Bimota by post at Customer Services, Bimota S.p.A. Via Ausa 118 – Cerasolo Ausa 47853 (Rimini) Italy; or by email to info@bimota.it

You also have the right to make a complaint to the Information Commissioner’s Office, the Italian supervisory authority (Garante) for data protection issues.

Further information can be found on the EU rules 2016/679, artt. 13 & 14.