MORELLATO SMARTWATCHES PRIVACY POLICY
At MORELLATO SPA ("MORELLATO SPA ", "we", or “us”) we value and protect your rights to data protection and privacy. This Privacy Policy describes:
What Personal Information we collect from theMaserati Traguardo Hybrid App andMorellato Smartwatches Device connected withMaserati Traguardo Hybrid App and the purposes for which we use it.
What Personal Information we transfer to third parties.
Your rights and how you can execute such rights.
How you can contact us
1. Summary
In the following we will provide you a quick summary of which Personal Information we use for which purposes and about your rights. For more details go to the relevant Sections below.
1.1 Service Provision
We process Personal Information about you in order to provide you with the full range of services and features of yourthe Maserati Traguardo Hybrid App andMorellatoSmartwatches Device. This includes data you enter when setting up and information required in order to receive specific features. For example, for distance and pace measuring, or calculation of calories burned, we might require information about your height, and weight; for other functionality you may authorize us to access your camera roll, microphone, or contact list (for further information go to sections 3.1-3.8 below).
1.2 Analytics
We and our service providers track and run analyses of the usage of the App and Device (to determine which functionalities are used more often than others) to understand how they are used and improve them. (For further information go to Section 3.6 below).
1.3 Data access by recipients
Our service providers and otherMORELLATO SPA and its Affiliates and subsidiaries) also access your information in order to provide services to you and handle your data as described in this Privacy Policy. (For further detail go to Section 5 below).
1.4 Your rights
Your rights may include the right to access, correct, and delete your Personal Information. You may also request the restriction of and, if applicable, withdrawal of your consent or objection to the processing (please proceed to Section 8 for a detailed description of your rights).
1.5 Location of your information; disclaimer for EU, UK
Personal Information we collect will be primarily stored in the United States with us and our cloud service providers.
If you are a resident from the EU or the UK, MORELLATO S.P.A will process your Personal Information in accordance with EU and UK law, in particular the EU General Data Protection Regulation and the retained EU law version of the General Data Protection Regulation (UK GDPR), both referred to as GDPR in this document; however, MORELLATO S.P.A may be subject to laws including potential access rights by governmental authorities that do not adhere to the same requirements and standards deemed appropriate under EU and UK law.
2. When does this Privacy Policy apply?
This Privacy Policy applies to theMaserati Traguardo Hybrid App and Morellato Smartwatches Device. For further information about what these terms comprise please see Section 11.
This Privacy Policy does not apply to your purchase transaction of the Device or to any activities you conduct on any of our websites or within our stores.
3. What Personal Information do we collect on which legal basis and what do we use it for?
In order to provide you with our services and the full range of features of our App and Devices, we use Personal Information.
The Personal Information that we collect include the following (please note: As the availability of functionality may vary, depending on your App and Device, not every one of the followings sections may apply to you):
3.1 General Account data
When you use the App and Device we will collect general account data, including examples such as your date of birth, your gender, your height and weight, a photo,the App version, Device information (e.g. Device serial number), paired mobile device information (e.g. smartphone manufacturer, model, operating system) and App settings (e.g. which features you want to use).
Legal basis (EU/UK): These processing activities are necessary for the provision of our services (legally: performance of our contract with you including transfers to the USA as part of performing the contract, Art. 6 (1) b) GDPR). For access to camera roll we require your prior explicit consent.
3.2 Activity and sleep data
In order to help you understand both your daily movement habits and your personal fitness, we use additional Personal Information. Examples include the calculated number of steps you have taken, your heart rate, your estimated blood oxygen saturation, calories burned, your mode of movement (e.g. running or walking), traveled distance, the time zone, and your goals for the day and whether you achieved them. In order to enable us to calculate calories burned we use your height, weight, and date of birth information. You may also choose to input information related to your activities through the App, such as updating information about your weight.
With the aim of enabling you to understand and to improve your sleeping habits, some Devices collect sleep start time, sleep end time, the time you go to bed, and the time you wake up. We also collect details of sleep, such as when light sleep or restful sleep occur, to show you data and insights about your sleeping patterns.
Certain activity and sleep data might be regarded as "health related data" in certain jurisdictions.
Legal basis (EU/UK): These processing activities are necessary for the provision of our services (legally: performance of our contract with you including transfers to the USA as part of performing the contract, Art. 6 (1) b) GDPR). As far as activity data may be considered health-related data we require your explicit consent for the processing.
3.3 Notifications and alerts
If you want to send automated text responses or to be notified by your Device when you receive a text message, email, app alert, or when there is an upcoming event in the calendar of your mobile device, you need to activate this in the App settings. In order for certain features to function, access to your contact list by the App is necessary. Please note that your contact related settings including your contact list will remain on your mobile device and cannot be accessed by us. Furthermore, we do not store content of any notifications, we only track that a notification occurred.
Legal basis (EU/UK): These processing activities are necessary for the provision of our services (legally: performance of our contract with you including transfers to the USA as part of performing the contract (Art. 6 (1) b) GDPR).
3.4 Location information
When you install the App, you will be asked to grant access to your geolocation data. We can use that information to customize the App with location-based information and features; examples to help locate your Device based on last known location.
Legal basis (EU/UK): These processing activities are necessary for the provision of our services (legally: performance of our contract with you including transfers to the USA as part of performing the contract (Art. 6 (1) b) GDPR).
3.5 Performance report and customer support
In the event our App stop working we will receive information about your paired mobile device and Device (e.g. model, software version, mobile device carrier) and any additional information you share with us, which allows us to identify and fix bugs and otherwise improve the performance of our App.
In the event you contact us for customer support we will process your Personal Information.
Legal basis (EU/UK): These processing activities are necessary for the provision of our customer support services and for the fulfillment of warranty claims (legally: performance of our contract with you including transfers to the USA as part of performing the contract (Art. 6 (1) b) GDPR).
3.6 Analytics
We aggregate and de-identify data (so that the data is not associated with an individual’s name or other personally identifiable information) collected through the App and Device and use it for a variety of analytical purposes, such as determining the average daily steps taken by App users, analyzing fitness trends, or obtaining other information to improve our products and services.
We use your Personal Information for other marketing, statistical, and market research purposes to learn more about our customers and users. For these purposes we also use publicly available Personal Information about you (e.g. from your social media profiles).
We use Google Analytics to track and examine how our App is used and how we may improve them to enhance and improve our services. Google Analytics is an analysis service provided by Google LLC, located in the USA. In order to use Google Analytics, our App is sending anonymized information about your usage of our App to Google Analytics, where the data is aggregated and analyzed to provide meaningful reports for us. We do not connect data from Google Analytics with any of your Personal Information. You can opt-out from our collection of data by Google Analytics at any time in the App's settings.
Legal basis (EU/UK): For this processing we require your explicit consent (Art. 6 (1) a) GDPR). The analytics on publicly available information by social media users is based on our legitimate interest in measuring the performance of our social media offerings (Art. 6 (1) f) GDPR.
3.7 Marketing
We will not use your Personal Information for marketing purposes.
We will not use data relating to your health for marketing purposes.
Legal basis (EU/UK): The processing for marketing purposes regarding similar products or services is based on our legitimate interests (Art. 6 (1) f) GDPR) in promoting similar products or services in the context of an existing customer relationship. Other marketing activities will require your explicit consent (Art. 6 (1) a) GDPR).
3.8 Legal obligation
In some cases we process your Personal Information due to a legal obligation (for further information go to Section 5.1 below).
4. Can you share your Personal Information?
The App allow you to share Personal Information from the App on social networks like Facebook or transfer Personal Information to other apps like Apple Health. You can deactivate such an App’s data sharing using the settings of your App.
We do not control and do not assume any responsibility for the use of such shared Personal Information by such third parties. For more information about the third party’s purpose and scope of their use of Personal Information in connection with sharing features, please visit the privacy policies of such third party apps and their providers.
5. When do we share Personal Information?
We will share your Personal Information in the following cases.
5.1 Legal obligation and internal purposes
We disclose your Personal Information (i) in order to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal processes, including requests to meet national security or law enforcement requirements; (ii) in order to protect and defend the rights or property of us or third parties; or (iii) in an emergency, in order to protect the safety of our employees or any person.
Additionally in the event that we or substantially all of our assets are acquired by one or more third parties as a result of an acquisition, merger, sale, consolidation, bankruptcy, liquidation, or other similar corporate reorganization, your Personal Information may be part of the transferred assets. Where required by applicable law (such as in the EU) we will inform you about and ask for your permission for the transfer of your Personal Information.
5.2 Sharing with third parties
We involve other companies for the provision of services or for hosting Personal Information. These companies are only permitted to use Personal Information on our behalf - they must not use such data for their own purposes except as required by law. Examples of subcontractors are hosting or other service providers such as Amazon Web Services, Inc., Google LLC, and service providers we use for customer care such as Salesforce, Inc or Transcosmos Information Systems, Ltd.
We contract with service providers using data enrichment technologies (this does not apply to the EU/UK).
When you enable sharing of Personal Information (connect) with Apple Health or other third party apps, we will provide the applicable data to these third parties as requested. You can deactivate such data sharing at any time.
5.3 Sharing de-identified information with third parties
We may share aggregated and de-identified data (which is not associated with an individual’s name or other personally identifiable information) collected through the App with third parties for any lawful purpose.
6. Children's online privacy protection
We do not knowingly collect, maintain, or use Personal Information via the App about children under the age of 16. Persons under the age of 16 may not use the App, and their request for accounts will be denied. If we become aware that a child under the age of 16 has sent Personal Information to us without prior parental consent, we will remove his or her Personal Information from our files. Please note that outside the US other age thresholds may apply.
7. How long do we store and how do we secure Personal Information?
We will retain your Personal Information as long as necessary to provide you with App, and Device functionality and services but in any event only as long as your account is active. When you delete your account or we disable it after a time of inactivity and notification from us, we will also delete your Personal Information obtained from the App, or Device from our systems (excluding any information we have de-identified).
However, to the extent necessary we may keep some of your Personal Information for legal reasons (e.g. tax law, the defense against, or the establishment of, legal claims, and in order to demonstrate that our processing complies with data protection law requirements). We also keep your opt-in or opt-out requests for marketing messages (even if such request is made in or through the App).
8. What are your rights?
8.1 Your rights
We encourage you to address any inquiries or concerns you may have regarding our use of your Personal Information by using the contact details provided in Section 10 below.
With or without contacting us you can, by simply changing your settings in the App, at any time withdraw your consent, where our processing is based on your consent, without affecting the lawfulness of processing based on consent before the withdrawal.
At any time you may opt out from receiving marketing notifications or emails. You can opt out of marketing notifications or emails by changing the settings in your App or sending our Inquiry Form listed under Section 10 below. You may also unsubscribe from email marketing by using the unsubscribe link contained in emails from us.
8.2 Your additional rights provided by EU and UK law - EU and UK residents
By contacting us as set forth in Section 10 below in the EU or in the UK you may exercise your rights, including the right to request from us access to, correction of, deletion of, and restriction of the Personal Information we hold about you. You also have the right to data portability (to receive data you provided in a machine readable format).
You mayat any time object to our processingbased on legitimate interests (Art. 6 (1) f) GDPR) and to receivingmarketing notifications or emails as described above under 8.1.
You have the right to lodge a complaint with the responsible data protection authority.
9. CHANGES AND UPDATES TO THE SITE'S PRIVACY POLICY
Morellato S.P.A may modify or simply update, in whole or in part, the Privacy Policy of the Site also in consideration of the modification of the laws or regulations that govern this matter and protect your rights. Changes and updates to the Website's Privacy Policy will be notified to users on the Website's Home page as soon as they are adopted and will be binding as soon as they are published on the website in this same section. We therefore ask you to access this section regularly to check the publication of the most recent and updated Privacy Policy of the App.
10. Who we are and how to contact us
The App and Device are provided to you by MORELLATO SPA, with registered office in Via Commerciale no. 29, 35010 Santa Giustina in Colle, Padua, Italy.
we remind you that you have the right to contact the Guarantor for the Protection of Personal Data (whose contact details are available at the following link https://www.garanteprivacy.it/home/footer/contatti), in order to enforce your rights in relation to the processing of personal data.
You will be able to freely and at any time exercise your rights, provided that they are within the limits of the law, with a request addressed to MORELLATO S.P.A at the email address privacy@morellato.com to which we will provide an appropriate reply.
11. Definitions
"Personal Information" is information that can be used either directly or indirectly (in combination with other information) to identify you, or something about you. Examples of Personal Information include your name, email address, Device serial number, your activities and other details we collect via the App or Device.
Maserati Traguardo Hybrid App (“App”)is the app you install on your mobile device for the use of our services.
Morellato Smartwatches Device ("Device")is a Morellato Smartwatches wearable device. In order for you to benefit from the full spectrum of features available, on our Devices, you have to pair your Device with the Maserati Traguardo Hybrid App on your Smartphone.
Date of establishment: 08 14, 2023
Date of last revision: 08 14, 2023
MORELLATO S.P.A
