Click on any of the following sections to jump directly to that heading:
- Who We Are
- The Personal Data We Collect
- Legitimate Interests
- How We Use Your Personal Data
- Keeping your Personal Data Safe
- Storage and Retention
- Disclosing Your Personal data
- Disclosures Required by Law
- Links to Third Party Websites
- Your rights
- Updating this Policy
WHO WE ARE
We are AP Racing Limited, a company registered in England and Wales with company no. 03794633 and registered office at Seven Stars Industrial Estate, Wheler Road, Coventry, West Midlands, CV3 4LB. For the purposes of data protection law, we will be a controller of the personal data we hold about you. This means we make decisions about how and why your information is used, and have a legal duty to make sure that your rights are protected.
THE PERSONAL DATA WE COLLECT
We collect the following types of personal data:
DATA YOU GIVE USWhen you fill in forms on the AP Racing App (the “App”), we will receive the personal data they contain. This information may be provided at the time of requesting information about what we do or registering a product. If you contact us, we may keep a record of that correspondence.
TECHNICAL DATAWhen you visit our App, we may collect technical data about the device you are using, including where available your IP address, operating system and browser type. This is used for system administration and to improve the look and feel of our App.
SPECIAL CATEGORY DATA (ALSO KNOWN AS SENSITIVE PERSONAL DATA)We do 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.
DATA WE COLLECT THROUGH OUR AP RACING APPIf you install the App for assistance with authentication of genuine AP Racing products, we may collect certain details from you. When you install the App, we will ask you for:
- your name and the name of your business;
- details about which of our products you wish to register and authenticate; and
- business and/or personal address
- We will also collect technical data from your device automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique ID, its IP address, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the App.
- If you allow us to do so, we will collect data about where your device is located. This enables us to further authenticate the product registration and provide information regarding local official AP Racing distributors/dealers. We will not share your current location with other users or partners. If you do not wish your location to be tracked, you can opt out of location services when you first launch the App, or if you change your mind at any time, most mobile devices allow you to turn off location services for specific apps from their settings screen. If you have any questions as to how you should do this, please contact your mobile carrier or the manufacturer of your device for instructions.
We may rely on legitimate interests to process your personal data, provided that your interests do not override our own. Where we rely on legitimate interests, these interests are:
- to keep our records updated and to study how our App is used;
- to administer and protect our business and web presence (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting); and to grow our business and inform our marketing strategy.
HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- where we need to perform a contract with you;
- where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests (see the "Legitimate Interests" section below); and
- where we need to comply with a legal or regulatory obligation.
Where we need to use your personal data to perform a contract, we will not be able to perform that contract if you withhold your personal data.
- We may use personal data held about you in the following ways:
- to fulfil orders you have placed (either on your own behalf, or on behalf of your organisation);
- to conduct in-house research and statistical analysis on product registrations for the purposes of new product and service development.
- to communicate with you about news, new products and other activities happening at AP Racing;
- to register or authenticate our products through the App;
- to ensure that content from our App is presented in the most effective manner for you and for your device;
- to respond to queries you send us; and
- to carry out our obligations arising from any contracts entered into between you and us, or between us and our clients e.g. where you are an employee of a client.
- When contacting you for the above purposes we may do so by phone, post, email or other electronic means, unless you instruct us not to do so.
- Your data will be treated in accordance with applicable data protection law. It will not be disclosed to anyone outside of AP Racing, its affiliated or associated companies, and any other parties named or described below
Where you are acting as an agent, employee or contractor of one of our business customers, we may send you information about our products and services by e-mail or post. If you wish to opt out of receiving such material, please either contact us using the details given above, or click the “unsubscribe” link in any of our marketing e-mails.
KEEPING YOUR PERSONAL DATA SAFE
We employ a variety of physical and technical measures to keep your personal data safe and to prevent unauthorised access to, use or disclosure of it. Electronic data and databases are stored on secure servers in the EU and we control who has access to them (using both physical and electronic means). Our staff receive data protection training and we have a set of detailed data protection procedures which they are required to follow when handling personal data.
We cannot absolutely guarantee the security of the internet, external networks, or your own device, accordingly any online communications (e.g. information provided by email or through our Website) are at your own risk.
STORAGE AND RETENTION
Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the United Kingdom and the European Economic Area (“EEA”). It may also be processed by staff operating outside the UK or the EEA who work for us or for one of our suppliers. We will take all steps reasonably necessary to ensure that any personal data transferred outside the UK or the EEA is treated securely and in accordance with applicable data protection laws. If you would like more information about the steps we take to do this, please get in touch using the contact details mentioned above.
How long we keep it
We collect and store personal data for purposes connected with our business. As such, we will only retain your personal data for as long as necessary for those purposes.
We keep information which forms part of our business record for the life of the product, as the lifespan of our products can differ depending on a range of factors, this period will be determined on a product-by-product basis, in order to guard against the risk of a legal claim or a request by the tax authorities to review our business records.
If you would like more information about how long we retain your personal data for, please get in touch using the contact details mentioned above.
DISCLOSING YOUR PERSONAL DATA
We may need to disclose your personal data to third parties. Where we do so, any such disclosure will be on the basis that these third parties are required to keep the data we give them confidential and secure, and will not use it for any other purpose than to carry out the services they are performing for us. We may disclose personal data to:
- delivery companies in order to fulfil orders you or your employer has placed with us;
- third parties to whom we may choose to sell, transfer, or merge 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 policy;
- our official dealers to receive their direct support in sending you offers, discounts and services relating to our products. Such third parties will operate as our data processors in compliance with specific and adequate directions given by us, and applying the proper safeguards as provided by the applicable laws;
- our professional advisors; and
- our ultimate holding company (Brembo S.p.A., with registered office in Curno - 24035, Bergamo, Italy
DISCLOSURES REQUIRED BY LAW
We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
We also may need to retain and disclose certain personal data about you to regulatory authorities and to appropriate agencies to conduct anti-money laundering checks and to assist with fraud prevention. We will disclose this information as is required by law.
LINKS TO THIRD PARTY WEBSITES
We want you to remain in control of your personal data. Part of this is making sure you understand your legal rights, which are as follows:
- where your personal data is processed on the basis of consent, the right to withdraw that consent;
- the right to confirmation as to whether or not we are holding any of your personal data and, if we are, to obtain a copy of it;
- from 25 May 2018, the right to have certain data provided to you in a portable electronic format (where technically feasible);
- the right to have inaccurate personal data rectified;
- the right to object to your personal data being used for marketing or profiling, or on the basis of our or a third party’s legitimate interests;
- the right to restrict how your personal data is used; and the right to be forgotten, which allows you to have your personal data erased in certain circumstances (though this is not an absolute right and may not apply if we need to continue using it for a lawful reason).
If you would like further information about any of your rights or wish to exercise them, please contact us using the details given in section above.
Please keep in mind that there are exceptions to the rights above and, though we will always try to respond to your satisfaction, there may be situations where we are unable to do so (for example, because the information no longer exists or there is an exception which applies to your request). Please note that, where you exercise your right to withdraw consent, this will not affect the lawfulness of our processing of your personal data prior to withdrawal.
If you are not happy with our response, or you believe that your data protection or privacy rights have been infringed, you should contact the UK Information Commissioner's Office, which oversees data protection compliance in the UK. Details of how to do this can be found at www.ico.org.uk.
UPDATING THIS POLICY
This policy was last updated on 16 September 2021.
Our app is for use to help determine whether your product is an authentic “AP Racing” product for the first point of sale only (if you are buying a “second hand” “AP Racing” product please contact us by one of the methods set out below to find out what we will need from you in order to authenticate your product). It does not affect any warranties, recommendations or other instructions that we may publish in relation to our products from time to time. If it turns out that you have a product which gives the impression that it is an “AP Racing” product when in fact it is not, although the app should alert us we would be truly grateful if you would contact us by one of the methods listed below.
- We are proud of our app and believe that for the most part, our app will be able to identify an authentic “AP Racing” product. However, we can’t guarantee that our app will be 100% accurate; copycats just keep getting smarter. If you have your doubts about the accuracy of the app’s results, then please do contact us by one of the methods listed below
- Our app has been developed for general use and we do not guarantee that the functions of our app will meet your specific requirements or that our app will work on your specific device; it is your responsibility to check these for yourself.
- The use of our app requires your mobile device to be connected to the Internet. You are responsible for procuring the connection of your mobile device to the Internet and the payment of any data or other charges that you incur through use of our app.
- We do not guarantee that our app, or any content on it, will always be available or that your use of our app will be uninterrupted. We will not be liable to you if for any reason our app is unavailable at any time or for any period of time or your access to our app is delayed, restricted or interrupted.
- We may release updates for our app from time to time but we are under no obligation to provide you with any maintenance or support services. You may need to download updates manually through your mobile device’s or the App Store’s functionality.
You can contact us as follows:
- Email: email@example.com
- Post: AP Racing Ltd, Seven Stars Industrial Estate, Wheler Road, Coventry, West Midlands, CV3 4LB
- Telephone: +44 (0) 2476 639 595
APP TERMS & CONDITIONS
1. USE OF THE APP "ORIGINAL AP RACING"
By downloading, installing and using the APP The user agrees to be bound by the following terms and conditions and any changes that may be made. In order to access the services and use the app "Original AP Racing", the user may be required to provide the data needed for their identification or, anyway, the data necessary to enable the use of the APP "Original AP Racing" and associated services. "AP RACING LTD" will not be liable for any loss or damage arising from the communication of data and information that is not true.
The user may receive press releases promotions for both "APRACING" itself, both companies linked to it, both of third parties.
The user accepts that "AP RACING LTD" can insert such advertising and that it is not liable for any loss or damage of any kind suffered as a result of the presence of such advertisers or the subsequent reports of the user with such advertisers.
The user and "AP RACING LTD" may discontinue use of the APP "Original AP Racing" at any time. "AP RACING LTD reserves the right to modify, suspend or discontinue the services provided through the App "Original AP Racing", or part of them, at any time and without notice. The user accepts that "AP RACING LTD" will not be held liable to you or any third party for the aforementioned changes, suspensions or interruptions. In the event of termination of the contract, the user will have to cease the use of the APP "Original AP Racing". "AP RACING LTD reserves the right to withdraw access to the service or to digital content at any time without notice and without any refund. The failure to exercise by our rights provided under this contract in your regard, does not represent a our waiver of any such rights.
2. INTELLECTUAL PROPERTY RIGHTS
the user recognizes and accepts that the app "Original AP Racing" and any service connected to the APP "Original AP Racing" may involve the use of proprietary and confidential information that is protected by applicable intellectual property and other standards or treaties also international..
"AP RACING LTD grants the user a law and a personal license, non-transferable and non-exclusive rights for the use of the APP "Original AP Racing". The user agrees not to reproduce, duplicate, copy, sell, trade, resell or use for commercial purposes, in whole or in part, the app "Original AP Racing". The user undertakes not to carry out, directly or indirectly, to one of the following tasks: copy, modify, create derivative works of the source code, reverse engineer, disassemble or otherwise attempt to discover this code, sell, transfer, sublicense or otherwise transfer any rights concerning the APP, unless such activity is not explicitly required by law.
The APP "Original AP Racing" can automatically return diagnostic data and automatically download updates in order to update, enhance and further develop the service, including
3. MANLEVE AND LIMITATION OF LIABILITYthe User declares to recognize and accept the following:
- a. The use of the APP "Original AP Racing" on the part of the user is at the sole risk of the user himself. The APP "Original AP Racing" is provided "AS IS" AND "AS AVAILABLE" BASIS. To the maximum extent permitted by law, "AP RACING LTD" and its partners do not recognize any warranty or condition of any kind, including without limitation the implied warranties and conditions of merchantability and fitness for a particular purpose;
- b. "AP RACING LTD DOES NOT WARRANT THAT THE APP "Original AP Racing" meets the specific needs of the user, that is free of failures or without error, that any errors in the software will be corrected;
- c. No information or advice, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM "AP RACING LTD" will constitute a form of guarantee.
The user agrees to indemnify and hold harmless "AP RACING LTD" , as well as the society its subsidiaries or affiliates, its officers, agents, employees, advertisers, licensors, suppliers or partners of any sort of compensation liability toward third parties arising from or in any way connected to the use of the APP "Original AP Racing" on the part of the user for violations of these Terms and conditions, from any action related to the use of the APP "Original AP Racing", including any liability or expense arising from all claims, losses, damages (direct or indirect), cause, judgment, costs and legal advice, of any type and nature.
The user acknowledges and expressly agrees that "AP RACING LTD" and partners will NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER losses arising from or in any way connected to the use of the APP "Original AP Racing" on the part of the user.
4. APPLICABLE LEGISLATIONwith the acceptance of these terms and conditions all users of the APP "Original AP Racing" accept in full the UK legislation applicable in this matter, including that on the right of author. This Agreement is drawn up in the English language and will prevail in case of conflict, on any previous versions and/or on further versions translated into foreign languages.
YOU CAN CONTACT US AS FOLLOWS:
- Email: firstname.lastname@example.org
- Post: AP Racing Ltd, Seven Stars Industrial Estate, Wheler Road, Coventry, West Midlands, CV3 4LB
- Telephone: +44 (0) 2476 639 595
AP Racing Ltd
Registered office Address:
Seven Stars Industrial Estate, Wheler Road, Coventry, West Midlands, CV3 4LB Registered in England and Wales
Company No. 03794633 VAT Registration No. GB 747 8871 70