TERMS AND CONDITIONS OF ACCESS TO THE MV AGUSTA SITE
This Web site (the "Site") is owned and run by MV AGUSTA Motor S.p.A. - Via G. Macchi, 144 - 21100 Varese.
The information contained in the Site relates to the products manufactured and sold by Mv Agusta and is as exhaustive and relevant as possible. Nevertheless, MV Agusta reserves the right to make, at any time and entirely at its discretion, variations to prices, colours, materials, fittings, specifications or models or to the availability of those products.
Some links appearing on the Site may give access to sites owned and run by third parties. MV Agusta shall not be held liable for information given on these sites, their owners being exclusively responsible. MV Agusta has no control over and/or responsibility for the contents of independent Web sites to which it has no title and it provides the links in question to respective visitors purely for the purpose of offering them a more practical service.
1. INTELLECTUAL PROPERTY
All the contents and/or materials found on the Site are the exclusive intellectual property of MV Agusta. These contents and/or materials may not be copied and/or reproduced in any manner whatsoever unless and to the extent that such action is necessary to render them viewable on-line. It is however permitted to print the pages of the Site in their entirety, also on physical media, for personal use, provided that the following conditions are satisfied:
(a) that no modification is made to the documents and/or related graphics, appearing on the Site;
(b) that the graphics found on the Site are not used separately from the corresponding text;
(c) that the Mv Agusta copyright and trademark, and/or other notes, appear on all copies. Without prejudice to the above, MV Agusta may allow you, from time to time, in response to a written request on your part, to download wallpaper, screensavers and other utilities from the Site. These downloads are in any event subject to the conditions set out above.
Parts extracted from the Site may not, under any circumstances and for any purpose whatsoever, be used unless the aforementioned conditions have been met. The materials and/or contents of the Site have been carefully checked and tested during every stage of production. Nevertheless, Mv Agusta recommends in any event that up-to-date anti-virus software be used. MV Agusta reserves the right to take legal action before the competent judicial authorities for any breach of the provisions set out in this paragraph 1.
2. LINKS TO THE WEB SITE
If you wish to make a link to the Site available, you must first obtain written approval from MV Agusta. In any event, the link must refer the visitor to the MV Agusta homepage.
3. ACCESS TO SERVICES
Even though MV Agusta uses its best endeavours to ensure that the Site is available 24 hours a day, every day, it shall not however be held liable if, for any reason, the Site is not available at any given moment and/or for a particular period of time. Access to the Site may be temporarily suspended, without prior warning, in the event of a failure in the system, when maintenance or repair work is being carried out, or for any reason beyond the reasonable control of MV Agusta.
4. PROTECTION OF DATA
We will collect and handle your personal data, following registration on our on-line forms, for the purposes for which you have subscribed (to request information, services, to receive promotional material, etc.).
If you contact us, we may keep track of the correspondence exchanged.
We may also invite you to fill in on-line questionnaires which will then be used for market research. MV Agusta respects the confidential nature of the personal data of those visiting the Site, in keeping with the provisions contained in Legislative Decree no. 196 dated 30th June 2003 (see informative notice on privacy).
5. MATERIALS AND VISITORS’ CONDUCT
Apart from personal data, which will be dealt with in accordance with legislation regulating Privacy and Cookies, the contents and/or materials exchanged, and/or transmitted and/or placed on the Site will not be treated as confidential or the property of MV Agusta, and the Company will therefore have no obligation and/or liability in connection with the contents and/or materials in question. MV Agusta and subjects it has designated are at liberty to copy, disclose, distribute, insert and otherwise use these contents and/or materials and/or data and/or images and/or other elements contained therein for any purpose whatsoever. Visitors are strictly prohibited from posting on and/or exchanging on and/or transmitting to the Site, or from the Site, any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, racist, discriminatory, intimidating, scandalous, instigating , blasphemous, that violates confidentiality and privacy, or that may create a disturbance or disquiet; or
(b) for which you have not obtained all the licences and/or permits necessary; or
(c) that constitutes or instigates conduct amounting to a crime, that generates civil liability, that is otherwise contrary to the law, or that violates the rights of third parties, in any country in the world; or
(d) that is technically damaging (including, for example, but not limited to, computer viruses, logic bombs, “Trojan horses”, worms, harmful components, unsound data or other malicious software or harmful data).
You must not use the Site in any manner whatsoever considered inappropriate, including, for example but not limited to, the fostering of hacking actions.
MV Agusta will cooperate fully with the judicial authorities should they request and/or order it to reveal the identity and/or whereabouts of anyone posting material that violates the provisions contained in this paragraph and/or relevant legal regulations currently in force, without prejudice to the right on the part of MV Agusta to take action in order to obtain compensation for damage incurred.
6. ACCURACY OF INFORMATION
MV Agusta will use its best endeavours to ensure that the contents and materials on this Site are accurate and up-to-date. This does not however exclude the fact that the products referred to on the Site may differ from those described in the most recent specifications. Some of the fittings described and/or referred to may only be available in certain countries and/or only at extra cost. We recommend that customers check the actual specifications relating to the products and/or any characteristic of the vehicles that is specifically requested with their MV Agusta dealer when placing orders. MV Agusta reserves the right to modify product specifications at any time without any liability in connection therewith.
MV Agusta and its managers, directors, employees, assistants and/or agents shall not be held liable for any detriment and/or damage, of any kind, that you and/or third parties may incur (including, for example, but not limited to, direct, consequential or punitive damage, or loss of income, loss of profit, goodwill, data, contracts or any loss or damage) stemming from and/or connected with, in any way, an interruption in working operations, and in the case of a wrongful act (including, for example, but not limited to, negligence, contract or otherwise), from the Site, from the use and/or inability to use the Site, or following the use of the Site, of any Web Site linked to the Site and/or the material contained therein, including, for example, but not limited to, losses and/or damage produced by viruses that may infect your computer and related equipment, software, data and/or other property after accessing the Site, use and/or navigation, and/or after downloading material from the Site and/or sites linked to it. No aspect of these conditions shall exclude and/or restrict liability on the part of MV Agusta for:
(a) death and/or personal injury caused by negligence on the part of MV Agusta;
(b) an unlawful and/or false, fraudulent statement/declaration;
(c) any liability that may not be excluded and/or restricted according to legislation applicable.
8. APPLICABLE LAW AND JURISDICTION
Any dispute that may arise in relation to this site will be referred to the exclusive jurisdiction of the Court of Varese and Italian law will be applied.
INFORMATIVE NOTICE DRAWN UP PURSUANT TO ART. 13 OF LEGISLATIVE DECREE NO. 196 DATED 30TH JUNE 2003
Within the meaning and for the purposes envisaged in art. 13 of Legislative Decree no. 196 dated 30th June 2003, “Personal Data Protection Code”, we point out the following.
1. Data supplied by the Customer, also via electronic mail, will be handled, transferred and circulated, also with the aid of electronic media or, in any event, automated means, directly by MV AGUSTA Motor S.p.A. (hereinafter referred to as “Mv Agusta”) and/or through subjects it has designated or instructed and/or external businesses, that may or may not belong to the same Group, and/or Dealers and Repair technicians working for the Mv Agusta network, for purposes connected with the use of the Site, for statistical purposes, in order to send out advertising and promotional material relating to products and services supplied by Mv Agusta and/or associated companies.
2. The conferment of data by completing the registration form and acceptance of the conditions providing access to the Site will be implied as consent on the part of the Customer to the handling of his personal data for purposes connected with the access in question. The supply of these data is mandatory as they permit the user to gain access correctly to the services required and failure to provide such data or revocation of consent may restrict the continuation of the working relationship between the parties.
3. The use of data for commercial purposes (sending out advertising and promotional material, etc.) is, on the other hand, subject to express consent and their supply by the Customer is optional. Failure to furnish data in this case will not have any effect on the methods adopted to access the services available on the Site. Whenever Mv Agusta wishes to collect your data for these purposes, the Customer will first be asked whether or not he wishes to give his consent to their being handled.
4. The above-mentioned data, as well as those processed by the parties, will not be transferred or circulated in circumstances other than those envisaged by the law and they will be handled in keeping with the principles of business propriety, legality and transparency, thereby safeguarding the privacy and rights of the Customer.
5. MV AGUSTA Motor S.p.A., is the Data Controller, as defined in Legislative Decree no. 196/03, for the handling of personal data, acting through its duly authorised representative pro tempore and is therefore responsible for the fulfilment of all the obligations laid down by the enactment in question.
The Customer may exercise its rights at any time against the Data Controller, in keeping with art. 7 of Legislative Decree no. 196/2003, which, for the sake of clarity is set out in full below:
Legislative Decree no. 196/2003:
Art. 7 – Right of access to personal data and other rights
1. The party concerned is entitled to obtain confirmation regarding the existence or otherwise of personal data regarding self, even if such data are not yet registered, and to receive the said data in intelligible form.
2. The party concerned is entitled to receive information regarding:
a) the origin of the personal data;
b) the purposes for which the data are being handled and the methods adopted;
c) the logics applied in the event that the data are handled with the use of electronic equipment;
d) details identifying the data controller, the data processing supervisors and the appointed representative as envisaged in article 5, paragraph 2
e) the subjects or the categories of subject to whom the personal data may be transferred or to whose attention they may be brought in a capacity as appointed representative for the territory of the State in question, as data processing supervisors or data processors.
3. The party concerned is entitled:
a) to have data revised, altered or, when in his or her interests, supplemented;
b) to have data handled in contravention of the law deleted, rendered anonymous or the circulation thereof restricted, including any information which need not be kept for the purposes for which the data were collected or subsequently handled;
c) to obtain confirmation that the measures referred to in the foregoing paragraphs a) and b), including details thereof, have been brought to the attention of the parties to whom the data have been transferred or disseminated, unless such an obligation proves impossible or would require means which are grossly disproportionate to the rights being protected.
4. The party concerned is entitled to oppose, either in whole or in part:
a) upon legitimate grounds, the handling of personal data regarding self, even if such data are relevant, with regard to the purposes underlying the collection thereof;
b) the handling of personal data regarding self for purposes connected with the sending of advertising material, with direct sales, market research or sales communications.
To exercise the rights described above (art. 7 of Legislative Decree no. 196/2003), you can write to the address MV AGUSTA Motor S.p.A. - Via G. Macchi, 144 - 21100 Varese, or the mail address firstname.lastname@example.org.
OUR POLICY FOR COOKIES AND PRIVACY PROTECTION
This website (“Website”) is managed by MV AGUSTA Motor S.p.A. based in Via G. Macchi, 144 - 21100 Varese.
This Policy provides explanations about our cookies and how your Privacy is protected when you visit our Website.
1. TYPE OF DATA PROCESSED / LINKS TO OTHER WEBSITES
Mv Agusta is committed to respecting your “Privacy.” On this Website Mv Agusta collects the personal data you decide to provide and the information obtained with cookies, as better explained below. This Website can also contain links to other websites of MV Agusta or to third party websites, such as those of our retailers, authorised repairers and other subsidiary companies, or to the websites of social media. When you click on the link to the other websites of Mv Agusta or of third parties, consider that said websites have their own privacy policies. It must be said that Mv Agusta shall not be liable for third party websites.
2. COLLECTION AND USE OF INFORMATION
If you provide personal data to Mv Agusta, we shall store and process said information for the purposes specified in the privacy notice. Moreover, to enhance our Website accessibility to users in terms of system performance, usability and supply of useful information about our products and services, we shall automatically store the information on log files on your computer. These include your Internet Protocol (IP) address, type of browser and language setting, operating system, Internet Service Provider (ISP) and date/time of registration.
We shall use this information to ensure efficient Website management, improve knowledge of our Website user categories, analyse trends and collect demographic data on our overall users. The information collected can be used for our marketing and advertising services and communications (e.g., to enhance and improve the user experience by making more attractive offers and special services), in compliance with the laws in force on the subject. When we make use of non-personal data along with personal data, the information in question will be processed as personal data for the entire period during which it is combined.
This Website, e-mail messages, online services, advertising and interactive applications can make use of “cookies” to optimise our services.
What is a “cookie”?
A “cookie” is a small file that generally includes letters and numbers, which we send to the browser file that contains cookies on the hard disk of your computer through our Web server. For instance, it allows our Website to recognise the device of a user once the connection has been created between the Web server and the Web browser. The principal purpose of a cookie is to allow our Web server to present custom-made pages to the user, studied to make the experience of the visit to Mv Agusta's Website more personal and consistent with the needs of individual users.
What are the cookies used on this Website?
Mv Agusta can use two types of cookies on this Website:
• session cookies: they are temporary cookies that are stored in the cookie file of your browser until your browser session is ended. These cookies are mandatory for certain applications or functions that are necessary for the correct function of this Website.
• persistent cookies: we can use persistent cookies to improve the user experience (e.g. provide optimised navigation).
The cookies in question will remain in the cookie file of your browser for a longer period of time. The length of said period will depend on your choice in terms of your Web browser settings. Persistent cookies make it possible to transfer information to a Web server whenever you visit the website. Persistent cookies are also called tracking cookies.
There are several online publications on cookies where you can learn more about them. See, for example: http://www.allaboutcookies.org
4. THIRD PARTY COOKIES
5. TRACKING AND ANALYSIS
To ensure ongoing optimisation of marketing-related communications, Mv Agusta uses the analytical software “Google Analytics” by Google Inc. It allows to monitor online behaviour in terms of time, geographical location and use of this website. The information in question is collected through tracking pixels and/or cookies. The information obtained through tracking pixels and/or cookies is anonymous and will not be associated with personal data. All information required for this analysis is stored on servers based in Italy. Mv Agusta and the GM Group will not share said information with third parties for independent use.
6. ENABLING AND DISABLING COOKIES AND SIMILAR TECHNOLOGIES
If you accept cookies, you can later refuse them by changing your Internet browser settings. For example, if you are using Internet Explorer 8.0, you must follow the instructions below:
1. select the item 'Tools' and, then, 'Internet Options'
2. click on the Privacy Sheet
3. use the cursor to choose the desired settings.
For other Web browsers, refer to your browser instructions for more information about how to change your browser settings or delete cookies.
Note that some features and complete function of this Website will not be available when you disable cookies.
Any future amendment to this Policy will be reported on this page. We suggest regularly checking our Policy to check for updates or changes, if any.
8. CONTACT US
MV AGUSTA Motor S.p.A.
Via G. Macchi, 144