PRIVACY & LEGAL
PRIVACY POLICY
Effective from: 19thSeptember, 2022
Published on: 19thSeptember, 2022
BYD Europe B.V. is committed to protecting and respecting your privacy. This document describes how your personal data will be processed when you use our website or using our services.
You can find below:
• 1 Introduction
• 2 Processing of Personal Data
• 3 What data we collect and how do we use your information
• 4 Retention period
• 9 Rights in relation to Personal Data
• 11 How will we update this Privacy Policy
This Privacy Policy does not apply to our authorized retailers, or third parties to whom you directly provide your information including but not limited to, subscription services, insurance companies, or other third parties. These entities are independent of us and responsible for their own collection of information. Please refer directly to those entities and their privacy policies for more information.
This Privacy Policy ("Policy") provides information on the personal data processing by BYD Europe B.V. in the Netherlands, a private company with limited liability established under Dutch law, having its statutory seat in Rotterdam, and its registered office at 's-Gravelandseweg 256, 3125 BK Schiedam, the Netherlands, as well as its European subsidiaries and affiliate companies (hereinafter individually and collectively referred to as: ("BYD Europe")
BYD Europe and our Data Protection Team can be reached via the following contact details:
• Mailing address: s-Gravelandseweg 256 3125 BK Schiedam, the Netherlands
• Email address: privacy.eu@byd.com
BYD Europe is part of the global group of companies of BYD Company Limited in Shenzhen, China.
This Policy applies for all personal data processed by BYD Europe and/or on behalf of BYD Europe, which identify or may identify a person ("Personal Data"). These persons involved are hereinafter collectively referred to as data subjects ("Data Subjects").
Our policy also applies to BYD UK for UK data subjects, BYD UK can be reached via the following contact details:
• Mailing address: Unit B2, Parkway Trading Estate, Cranford Ln, Hounslow TW5 9QA, United Kingdom
• Email address: privacy.eu@byd.com
BYD Europe reserves the right to review and/or alter the Policy periodically, in order to comply with (local and/or European) legislation, and for any other purpose deemed reasonably necessary by BYD Europe.
For queries and inquiries about this Policy, please contact the Privacy contact person of: privacy.eu@byd.com
This Policy sets out the elements necessary for BYD Europe's compliance with applicable privacy legislation, principles and practice, including but not limited to the General Data Protection Regulation (GDPR), and UK law incorporated into GDPR by the Data Protection Act 2018 (GDPR) ("Applicable Laws").
The Policy is an external policy and is directed towards Data Subjects whose Personal Data are being processed by BYD Europe for the purpose for which information has been collected. This Policy applies to the processing of Personal Data, in which BYD Europe acts as the data controller within the meaning of the Applicable Laws. This is the case when BYD Europe determines the purpose for and the means for the processing of Personal Data of Data Subjects within the purposes of this policy.
For business purposes, Data Subjects may be asked to provide their Personal Data. If this is the case, BYD Europe, its affiliates and partners shall be required to keep such information confidential.
3 What data do we collect and how do we use your personal data ?
When we provide our services, we have a need to process personal data. We typically process the following personal datawhen you use our website or using our services:
• 1) Access and Use of the Website: We automatically collect your personal identifiers (such as your device’s Internet Protocol (IP) address), location information (such as may be determined from your Internet Protocol (IP) address) to provide our Website to you. We don’t store your IP address. For this purpose, we process your above personal data for the purposes of the legitimate interests of the Company.
• 2) Schedule a Test Drive: We collect your location information, including your zip code,or your address to schedule a test drive to the local retailer. We also collect your first name, e-mail address orphone number, as well as your selected vehicle type, your contact preference type, your selected dealer name and dealer address)you choose to include in the webform in order to submit your request to schedule a test drive to the selected dealer. For this purpose, we process your above personal data on the basis of providing your requested service and/or consent.
• 3) Submit your configuration: We collect your name, phone number or email after you submit your configuration to fulfil your request for products and services based on our contract with you. For this purpose, we process your above personal data on the basis of the performance of our agreement with you.
• 4) Contact Us / Submit your question or comment: We may collect any personal information you choose to provide us with in our communication to respond to your queries and provide you with your requested services or products. We collect your first and last name, phone number or youre-mail address, your region and your zip code, your selected topic, your selected contact preference type and your questions or comments to your queries in order to provide you with your requested services or products. For this purpose, we process your above personal data for the purposes of the legitimate interests of the Company. We only process the data that is absolutely necessary for answering your question.
• 5) Newsletter subscriptions: We may collect your name and e-mail address so we can provide you with a service and let you know about our products, events and services. For this purpose, we process your personal data on the basis of your consent and/or legitimate interest (as applicable). If you no longer want to receive promotional-related emails, you may opt out of receiving them by clicking the unsubscribe button in your mails. Please note that we may still send you safety messages or product service issues even if you opt out of receiving marketing messages.
• 6) Become BYD Partner: We may collect your name, phone number, email andother aggregated business information after you submit the application via the dealer admittance page. For this purpose, we process your personal data on the basis of the legitimate interest of the Company.
When we collect personal information from you as listed above, we do so through cookies and similar technologies. This includes Adobe Target, which helps us to test and personalize the experience that you receive on the site. Adobe Target enables us to carry out tests to improve the design of the website. For more information, please see our Cookie Statement.
We have also integrated the consent management tool "consentmanager" (www.consentmanager.net) from consentmanager AB (Håltgelvågen 1b, 72348 Västerås, Sweden, mail@consentmanager.net) on our website to obtain consent for data processing and use of cookies or comparable functions, please find more information here.
Our Website includes social media features, such asInstagram, Facebook, and Twitter widgets. These features may collect identifiers (such as your Internet Protocol (IP) address) and internet activity information (such as which page you are visiting on our Website). These widgets may set a cookie or utilize other tracking technologies to accomplish this. Social media features and widgets are hosted by a third party and your interactions with those features are governed by the privacy policies of the third party companies that provide them.
BYD will not use and store Personal Data longer than necessary to fulfil the above mentioned purposes and shall remove the collected Personal Data after the necessary period to achieve the purposes described in this Policy has passed, or to comply with contractual obligations or as permitted or required by the Applicable Laws.
If we have a relationship with you, we hold your personal information for 7 years from the date our relationship ends. We hold your personal information after our relationship ends to establish, bring or defend legal claims.
Where we have obtained your personal information following a request for information, test drive or any other information on any of our products or services, we hold your personal information for 1 year and 6 months from the date we collect that information, unless during that period we form a relationship with you.
The Personal Data may only be processed to the extent necessary for the described purposes. Personal Data may in principle not be processed for other purposes other than that for which the Personal Data were collected. If there is a necessity or need to process Personal Data for other purposes, it shall be investigated by BYD Europe whether the purposes of the intended data processing are compatible with the original purposes. BYD Europe shall provide the Data Subject prior to that further processing with information on that other purpose.
We strive to maintain the highest standards of security and BYD has put in place robust technical and organizational measures for the protection of your data in accordance with the current, general state of technology, especially to protect the data against loss, falsification or access by unauthorized third persons. Once we have received your personal data, we will use strict procedures and security features to prevent unauthorized access. However, the transmission of information via the internet is not completely secure. So, whilst we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted via our Application. In the unfortunate event that a personal data security incident occurs, we will report it promptly and take remedial measures in accordance with the requirements of the law and regulatory authorities.
We share the information identified above:
• 1) within the BYD Group, which includes parents, corporate affiliates, subsidiaries, business units and other companies that share common ownership;
• 2) with BYD Dealers for sales, leasing, and customer service purposes, such as responding to quote requests, vehicle diagnosis, maintenance and repair, scheduling service appointments, and contacting you and providing the requested services.
o i. BYD and BYD Dealers are separate legal entities with their own privacy policy. Please be aware that each dealer operates as a separate legal entity and you should read the dealer’s privacy statement to ensure that you understand its privacy polices and procedures. Additionally, because the BYD dealer often is the first contact with you, the dealer can answer any questions you may have about its privacy policy. While BYD encourages its dealers to ensure full compliance with all applicable privacy legislation and has provided information to our dealers relating to privacy obligations, BYD is not responsible for dealers’ compliance with applicable law.
o ii. With our suppliers and service providers, we may disclose your information to our third party service providers, agents, subcontractors and other organisations for the purposes of providing services to us or directly to you on our behalf. Such third parties may include cloud services providers (such as hosting and email management) or other third parties who provide services to us.
• 3) When we use third party service providers, we only share with them the personal information that is necessary for them to provide their services and we have a contract in place that requires them to keep your information secure and not to use it other than in accordance with our specific instructions.
• 4) With other entities for legal, security or safety purposes, we may share your information with third parties, law enforcement or other government agencies to comply with law or legal requirements; to enforce or apply our Terms of Service and other agreements; and to protect our rights and the property or safety of our users or third parties. We also may disclose information about you and your vehicle when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the websites or anyone else that could be harmed by such activities.
• 5) With other companies in connection with a corporate transaction, if we or some or all our assets are acquired by another company, including through a sale in connection with bankruptcy, we will share the information that we hold with that company.
• 6) With Optional Third Parties (such as Instagram, Facebook, and Twitter widgets) that you authorize, with your express permission, we will also share your information with selected third parties you choose (“Optional Third Parties”).These services or offerings from third parties will be subject to their Terms of Service and Privacy Statement, not ours. If you have any concerns regarding the collection, use or sharing of your personal information or wish to exercise any rights that you have, please contact the Optional Third Parties directly.
When third parties are given access to your personal data, we will take the required contractual, technical and organizational measures to ensure that your personal data are only processed to the extent that such processing is necessary.
In all cases, BYD Europe will expressly state why such information is necessary, so that Data Subjects may provide the information at their own discretion. BYD Europe will not disclose Personal Data provided by Data Subjects to any party, other than BYD Europe itself, without prior permission from the Data Subjects.
In principle, BYD Europe stores all collected personal data in the European Economic Area (EEA) or the UK. By making a test drive, or otherwise sharing your personal data, we may transfer such personal data to BYD affiliates located within the EEA or UK. BYD shall do so only as necessary for the specific purposes as set out in this Privacy Notice, and shall at all times act in compliance with Applicable Laws on data protection.
In case we transfer your personal data to a country outside of the EEA or the UK and such country does not have a relevant adequacy decision by the European Commission, we ensure that your personal data is transferred lawfully and adequately protected by using the Standard Contractual Clauses (SCCs) as adopted by the European Commission or, for the UK, the UK international data transfer agreement (IDTA), and (if necessary) adopting other additional appropriate technical measures, organizations and measures (e.g., encrypting your data or taking other necessary measures).
9 Rights in relation to Personal Data
You generally have the right to ask us:
• for access to and a copy of your personal data that we hold
• that some of your personal data is provided to you or sent to another data controller in a commonly used, machine readable format
• to update or correct your personal data in order to make it accurate
• to delete your personal data from our records in certain circumstances
• to restrict the processing of your personal data in certain circumstances
And you may also have a right:
• to object to us processing your personal data in certain circumstances (e.g. in case we process your data for direct marketing purposes).
To exercise these rights, please contact us using the contact information provided in Section 10 below.
These rights may be limited in some situations – for example, where we can demonstrate that we have a legal requirement to process your data or if making the information available to you would reveal personal data about another person or if we are legally prevented from disclosing such information. In some instances, this may mean that we are able to retain data even if you withdraw your consent.
We hope that we can satisfy any queries you may have about the way we process your data. If you have any concerns about how we process your data you can contact us as described below in the section "If you have any questions about your data".
In the event you still have unresolved concerns, you also have the right to lodge a complaint with a supervisory authority, in particular the data protection authority in the Member State of your habitual residence or place of work.
Finally, please note that where we require personal data to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship, or to meet obligations placed on us. In all other cases, provision of requested personal data is optional.
If you have any questions about the processing of your personal data, please read this Privacy Statement first. For additional questions, please feel free to contact BYD's data protection officer at [privacy.eu@byd.com] or write to us at BYD Europe B.V. s-Gravelandseweg 256 3125 BK Schiedam, or BYD UK [Unit B2, Parkway Trading Estate, Cranford Ln, Hounslow TW5 9QA, United Kingdom] for UK data subjects Please note that we take your satisfaction very seriously. Should you have a complaint, please also direct it to the same email address and we will respond to you as soon as we can.
You can of course also lodge a complaint with the data protection authority of the country in which you live. Please find a list of data protection authorities in EU via thishttps://edpb.europa.eu/about-edpb/about-edpb/members_en. And in UK, you have the right to lodge a complaint with the Information Commissioners Officer (ICO) via this link:https://ico.org.uk/make-a-complaint/.
11 How will we update this Privacy Policy
We may update this Privacy Policy according to changes in our business functions and measures concerning the protection of personal information. If we make changes to this Privacy Policy, we will notify you through our website. Where changes to this Privacy Policy will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise any rights you have.
