PRIVACY POLICY
Privacy Policy
Last Updated: 25th October, 2022
BYD Auto Industry Co., Ltd. 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 personal data do we collect and how do we use it
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 personal data 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 ofpersonal data. Please refer directly to those entities and their privacy policies for more information.
1 Introduction
This Privacy Policy ("Policy") provides information on the personal data processing by BYD Auto Industry Co., Ltd., including our subsidiaries and affiliate companies (hereinafter individually and collectively referred to as "BYD ","we", "our", or "us").
BYD can be reached via the following contact details:
· Mailing address: No. 3009, BYD Road, Pingshan, Shenzhen, Guangdong Province, 518118, P.R. China
· Email address: privacy.mea@byd.com
BYD 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 and/or on behalf of BYD, which identify or may identify a person ("Personal Data"). These persons involved are hereinafter collectively referred to as data subjects ("Data Subjects").
BYD 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.
For queries and inquiries about this Policy, please contact us via the Email address: privacy.mea@byd.com.
2 Processing of Personal Data
This Policy sets out the elements necessary for BYD's compliance with applicable legislation, principles and practice, including but not limited to applicable privacy laws ("Applicable Laws").
The Policy is an external policy and is directed towards Data Subjects whose Personal Data are being processed by BYD for the purpose that has been collected. This Policy applies to the processing of Personal Data, in which BYD acts as the data controller within the meaning of the Applicable Laws. This is the case when BYD 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, its affiliates and partners shall be required to keep such information confidential.
3 What personal data do we collect and how do we use it
When we provide our services, we have a need to process personal data. We typically process the following personal data when you use our website or using our services:
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.
When we collect Personal Data from you as listed above, we do so through cookies and similar technologies. For more information on how we use cookies across our digital platforms, please see our Cookie Policy.
Our Website includes social media features, such as Instagram, 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.
4 Retention period
BYD will use and store Personal Data within the period that is necessary to fulfil the above mentioned purposes and shall remove those Personal Data after relevant purposes no longer existing , or to comply with contractual obligations or as permitted or required by the Applicable Laws.
5 Purpose limitation
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 whether the purposes of the intended data processing are compatible with the original purposes. BYD shall provide the Data Subject prior to that further processing with information on that other purpose.
6 Security of Personal Data
We strive to maintain the appropriatesecurity level 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. We highly value your privacy and consider it as our lifeline.However, the Internet is not 100% safe, while we will do our best to protect your personal data, we cannot guarantee the unfortunate occurrence for any security incident. When the unfortunate occurrence happens, we will report it promptly and take remedial measures in accordance with the requirements of the law and regulatory authorities.
7 Sharing Personal Data
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.
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 policy 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.
ii. With our suppliers and service providers, we may share your personal data to the 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 datathat is necessary for them to provide their services and we have a contract in place that requires them to keep your personal datasecure 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 personal data 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 shareyour personal data and your vehicle information 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 personal datathat 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 personal datawith selected third parties you choose (“Optional Third Parties). These services or offerings from third parties will be subject to their Terms of Service and privacypolicy, not ours. If you have any concerns regarding the collection, use or sharing of your personal dataor 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.
8 International Transfer
BYD may transfer Personal Data to a third country outside your current region, which means our servers are located in Germany in specific. In such cases, we will take appropriate measures in compliance with the Applicable Laws, and where appropriate safeguards are in place that ensure the level of protection of Data Subjects as required by the Applicable Laws (e.g. transfers on the basis of Standard Contractual Clauses). If you wish to know details in connection with the transfer of your personal data and any country to which your personal data is transferred, please contact us using the contact information provided in Section 10 below.
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.
· to object to us processing your personal data in certain circumstances.
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 “10 Questions and inquiries”.
In the event you still have unresolved concerns, you also have the right to lodge a complaint with a supervisory authority.
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.
10 Questions and inquiries
If you have any questions about the processing of your personal data, please read this Privacy Policy first. For additional questions, please feel free to contact us. 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.
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.