1. WHAT KINDS OF INFORMATION WE COLLECT
1.1 Personal Email
We collect, use, retain and process the following personal data (“Personal Data”) from you and any devices (including mobile devices) you may use when you use the Service, register for an account with us, provide us information (via email or through the Service), update or add information to your account, send us messages, comments, questions, testimonials or suggestions, participate in blogs, forums, message boards, chat rooms, profile pages, polls, surveys and other communication channels and services in relation to the Service, or when you otherwise correspond with us regarding the Service:
(a) your name, email address, physical address, country of residence, phone number and date of birth;
(b) information sent to us by Third Party Services;
(c) information regarding your use of the Service; and/or
(d) information you transmit or receive using the Service and which identifies you or another person. Such Personal Data may be voluntarily provided by you, or automatically collected by us or sent to us when you use the Service and/or Website. For the avoidance of doubt, we consider Personal Data to mean information that can be associated with a specific person and which can be used to identify that specific person whether from that data or from that data in combination with other information that we have or are likely to have access to. Personal Data does not include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise.
1.2. Collection and use of Personal Data
(a) processing, recording, monitoring and fulfilling your orders and deliveries;
(b) planning and scheduling routes for deliveries;
(c) providing you with the use of, improving, identifying and/or resolving problems with, the Service, the Website or other services we make available to you;
(d) providing you with personalised services, advertising and marketing;
(e) customising your user experience of the Service;
(f) communicating with you about your account and our services, including to confirm and update you on the status of your orders and deliveries;
(g) updating and backing-up our records;
(h) sending you information regarding the Service and keeping you informed of new features, products, promotions, offers, surveys, events and other matters which may be of interest to you;
(i) responding to, processing and handling your queries, feedback and suggestions, completing transactions you have requested and/or generally administering and/or managing our relationship with you;
(j) verifying and processing your personal particulars and payments;
(k) sending you updates and publications, where you have requested or consented to be on our mailing list;
(l) sending you information on any updates or changes to our terms and conditions, guidelines, policies and/or other administrative information;
(m) performing internal audit or complying with other internal financial, accounting or other policies;
(n) suggesting that you use or take advantage of certain features within the Service;
(o) conducting marketing research, user profile and statistical analysis;
(p) any purposes which we notify you of on or before your Personal Data is collected from you or disclosed to us, and/or
(q) such as we believe to be necessary or appropriate:
(i) in any manner permitted under applicable law, including laws outside your country of residence;
(ii) for the purpose of complying with applicable laws and regulations (or any request or direction of any public and government authorities, including public and government authorities outside your country of residence);
(iii) to comply with legal process;
(iv) to enforce terms and conditions applicable to the Service;
(v) to protect our rights, privacy, safety, property, operations or those of any of our users or affiliates;
(vi) to allow us to pursue available remedies or limit the damages that we may sustain;
(vii) if we reasonably believe that an emergency exists involving immediate danger of death or serious physical injury to any person that requires immediate disclosure of communications or your Personal Data; and/or
(viii) to prevent, detect, mitigate and investigate potentially illegal acts, fraud and/or security breaches and to assess and manage risk, including to alert you if fraudulent activities have been detected on your account. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Service, we may collect and maintain records of such information into a file specific to you. Personal Data collected by us is stored in our database and may be archived elsewhere.
We may display targeted advertisements based on Personal Data. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet certain targeting criteria, such as relating to age and geographic location. We do not provide any Personal Data to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will assume that you meet the targeting criteria used to display the ad.
1.3. Non-Personal Data
When you use the Service and/or the Website, we may collect, use, disclose, retain and process (or our systems may automatically collect, use, disclose, retain and process) directly or through Third Party Services:
(a) log data, including your unique User Device number, the IP address of your computer or device, information about your computer or mobile internet browser type and operating system, the dates and times of your use of the Service, the number and frequency of visitors to or the Website, the URL that you just came from and the URL you next go to (whether these URLs are on Website or not);
(b) session and usage data about your use of the Service, including connection and service-related data such as information relating to the connection request, server communication and data sharing, network measurements, quality of service and date, time and location of usage; and/or
(c) aggregate information about the use of the Service (which may contain log data and session and usage data) in respect of a group or category of services or users but which contains no personally identifiable information about the users, (collectively “Non-Personal Data”).
For the avoidance of doubt, “Non-Personal Data” is information that does not identify you or any other individual and does not include Personal Data.
1.4. Collection and Use of Non-Personal Data
We may use Non-Personal Data for any purpose, including:
(a) for our own internal purposes;
(b) to measure traffic patterns;
(c) for the purpose of system administration;
(d) to enable us to analyse, research and track usage of the Service including conducting internal research on user demographics, interests, behaviour and trends among our users;
(e) to provide, improve and modify the Service or the Website;
(f) to improve our algorithms, measure service usage, publish summaries online or offline, develop new features such as recognising popular activity routes, areas and places;
(g) to enable us to improve on the Service and/or Website; and/or
(h) for promotion and marketing purposes.
2. COLLECTION AND USE OF DATA BY THIRD PARTY SERVICES
2.1. Collection of data by third parties. You acknowledge that we or third party applications or services which interface with or support the Service (“Third Party Services”) may collect, use and/or retain data which include your Personal Data and Non-Personal Data, when you use the Service and/or the Website, and you consent to such collection, use and retention by us or the relevant third parties, including in the manner as set out in this Clause 2.
2.2. Sharing of data with third parties. We may disclose your Personal Data and Non-Personal Data in the ordinary course of our business to certain third parties approved by us (which may or may not be in Thailand), to use on our behalf or otherwise, including:
(a) to our related companies including our subsidiaries and holding company;
(b) to our affiliates, agents, service partners, subcontractors and third party providers, to facilitate or enable our provision of services to you and the development, support, maintenance and operation of the Service;
(c) to our lawyers, auditors and professional advisors;
(d) to our third party service providers (including the third parties identified in Clause 2.3) who provide services such as marketing, logistics, storage, website hosting, maintenance, data analysis, payment processing, order fulfilment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing services and other similar services, or to which we may outsource one or more aspects of our business, but only to the extent necessary for them to carry out their services for us;
(e) to identify you to anyone to whom you send messages through and transact with on the Service;
(f) to a third party in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings);
(g) to our partners and investors or potential partners and investors and other parties with a view to a potential business partnership, collaboration, joint venture or otherwise in furtherance of our business;
(h) to an acquirer of our business or assets or any part thereof; and/or
2.3. Specific Third Parties. Without prejudice to the generality of Clause 2.1 and 2.2, Personal Data and Non-Personal Data will be disclosed to, and/or collected, processed, used and/or retained by, the following third parties, and you consent to such disclosure, collection, processing, use and retention in the manner as set out in this Clause 2.3 and in the relevant third party privacy policies referenced below.
(c) Dear Systems
(d) Zendesk and Zopim
We use Zendesk, a customer relationship management module provided by Zendesk Inc, which allows users to interact with Zendesk and/or third party support and feedback platforms from our Website, and other customer service tools.
2.4. From time to time, we may collaborate with other third parties to organise joint marketing and promotional campaigns, offers or contests, and may require disclosure of your information to such third parties. For example, where a promotion or Voucher is specially offered to customers of our third party partner, we may share your information with that partner to the extent relevant to such promotional campaign. In some cases, you may not be able to enjoy the promotion, offer or participate in the contest, unless you consent to disclosure to our partner of your information. “Voucher” refers to any credits, vouchers, coupons or codes offered by us for use in the purchase of goods from FERRARI.
In order to improve our products and services, we collect data by way of “cookies”. Cookies help us measure the number of visits, average time spent, page views and other statistics relating to your access to the Service, Website or App. This information allows us to better administer the Service, Website or App, and provide a more tailored and user-friendly service to our visitors and users. Cookies also enable you to use or access certain features or services of our Service, Website or App, including the shopping cart and check-out features. For example, cookies help us store preferences or retrieve products in your shopping cart between visits, from our servers. Cookies are small data files that are sent to your browser from our Website or App and are stored on your computer’s or device’s hard drive. Each time you visit our Website or App from the same computer or device, the cookie will be retrieved from your computer or device, enabling our Website or App to recognise your computer or device as having previously visited our Website or App and thereby increase the functionality of our Website or App on your computer or device. Our cookies cannot be used to get data from your hard drive, to get your email address or any other data that can be traced to you personally. Most web browsers and devices can be set to notify you when you receive a cookie or to prevent cookies from being sent; if you use these features, you may limit the functionality we can provide you when you visit our Website or App.
We use commercially reasonable physical, administrative, technical and electronic measures and safeguards to protect your information from unauthorised access. Please be aware that no security measures that we take to protect your information is absolutely guaranteed to avoid unauthorised access or use of your Personal Data or is impenetrable. We hereby disclaim all liability for the security of your Personal Data, which may be compromised by unauthorised entry, use or disclosure, hardware or software failure and other factors.
You are solely responsible for protecting your usernames and passwords that are used to access the Service and/or any Third Party Service, against unauthorised access and use and for all actions taken with such usernames and passwords. You acknowledge that if you lose control of your usernames and passwords, you may lose substantial control over your Personal Data and be potentially subject to legally binding actions taken on your behalf by an unauthorised user. If any of your usernames and passwords has been compromised for any reason, you should immediately change the same. You should also sign off once you have finished using a shared computer.
5. RETENTION PERIOD
6. SENSITIVE INFORMATION
We ask that you do not send us, or disclose to us, any sensitive Personal Data (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, sexual orientation, criminal background or membership in past organisations, including trade union memberships) on or through the Service or otherwise.
(a) displaying the new terms on-screen when you next use the Service;
(b) email, via an online service or otherwise; or
8. LEGAL AGE
We do not knowingly collect or solicit personal data from those below the age of 18, or knowingly allow such persons to register an account with us. The Service is not intended for use by persons under 18 years of age. If you are under 18 years of age, please do not attempt to register for or to use the Service and/or the Website, or send us any personal data about yourself.
9. ACCESSING/UPDATING YOUR PERSONAL DATA
If you wish to access, correct or update your Personal Data, you may do so by accessing your account settings through the Website or the App. We may maintain a copy of the unrevised information in our records.
10. CLOSING YOUR ACCOUNT WITH US
If you wish to delete your account, please contact us by email at firstname.lastname@example.org. Some information may remain in our private records after deletion of your account. We may use any aggregated data derived from or incorporating your Personal Data after you delete your account, but not in a manner that would identify you personally unless permitted by law.
11. CONTACTING US / REPORTING VIOLATIONS
Please contact our Data Protection Officer by email in writing at email@example.com providing your name, contact number and email address, if:
(b) you wish to retrieve historical data; and/or
(c) you would like to review, correct, update, suppress, delete or otherwise limit our use of your Personal Data that has been previously provided to us. In your request relating to (a), (b) and (c) above, please make clear (where applicable) what information you would like to have changed, or what records you wish to retrieve, and/or otherwise let us know what limitations you would like to put on our use of your Personal Data. We will try to comply with your request as soon as and to the extent reasonably practicable. You agree that where you submit a request relating to (b), that we may charge you a fee to cover the cost of verifying your request and identity, and locating, retrieving, collating, copying and forwarding any records so requested. You acknowledge that we will not be able to remove your Personal Data from the database of any other users with whom you have shared such information or from the databases of third parties which you previously authorised us to share such information with. We may also not be in a position to continue to provide the Service to you if you withdraw your consent to us collecting, using or retaining your Personal Data for certain purposes.
If you do not wish to receive email, SMSes or other communications from us, you can unsubscribe from such communications by using the unsubscribe facility that may be provided with such SMS, email or communication, or contact us at firstname.lastname@example.org or during our operating hours (weekdays from 9am – 6pm). Please note that if you do opt out of receiving marketing-related communications from us, we may still send you important administrative messages and that you cannot opt out of receiving such administrative or other important messages.
Notwithstanding that you may have opted out of communications, or your account with us has been terminated, and/or you have removed payment details from your account, you acknowledge that your payment history, username, password and other information (including Personal Data) may remain in our system including for the purpose of complying with relevant laws. If you wish to delete or retrieve your Personal Data with us, you must submit a request to our Data Protection Officer in accordance with this Clause.