PRIVACY & LEGAL
PRIVACY POLICY
Effective from: August, 2023
Published on: August, 2023
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 use our services.
You can find below:
· 2 Processing of Personal Data
· 3 What data we collect and how do we use your information
· 8 Rights in relation to Personal Data
· 10 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 processing 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, ("BYD Europe")
BYD Europe can be reached via the following contact details:
· Mailing address: s-Gravelandseweg 256 3125 BK Schiedam, the Netherlands
· Email address: privacy.ie@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 which is collected from users of this website or users of our services ("Personal Data"). These persons involved are hereinafter collectively referred to as data subjects ("Data Subjects"). BYD Europe is the controller for the Personal Data.
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 us via: privacy.ie@byd.com
The Policy is an external policy and is directed towards Data Subjects whose Personal Data are being processed by BYD Europe for any of the purposes for which information has been collected as shown in par. 3. This Policy applies to the processing of Personal Data for which BYD Europe acts as the data controller.
3 What data do we collect and how do we use your personal data ?
We typically process the following personal data when you use our website or use our services for the purposes outlined below. The legal basis which we rely on for such processing is also identified below :
· 1) Access and Use of the Website: We automatically collect your personal identifiers (your device’s Internet Protocol (IP) address), location information (which may be determined from your Internet Protocol (IP) address) to provide our Website to you. We don’t permanently store your IP address. The legal basis which we rely on for processing the aforementioned personal data is that such processing is necessary for the purposes of the legitimate interests of BYD Europe, being providing visitors with a well-functioning website.
· 2) Schedule a Test Drive: We collect your location information, including your postcode, or your address to find a local retailer and schedule a test drive. We also collect your first name, e-mail address and/or phone number, as well as your selected vehicle type, your preferred method of communication and your selected dealer name and dealer address as included in the webform in order to schedule a test drive to the selected dealer. The legal basis which we rely on for processing the aforementioned personal data is that such processing is necessary, in order to take steps at your request to enter into or to perform a contract/ agreement with you to complete your orders or other transactions with us.
· 3) Submit your configuration: We collect your name, phone number and/or email after you submit your configuration to fulfil your request for products and services based on our contract with you. The legal basis which we rely on for processing the aforementioned personal data is that such processing is necessary to perform our agreement with you.
· 4) Contact Us / Submit your question or comment: We may collect any personal data you choose to provide to us when you communicate with us via our website. We do this in order to respond to your queries and provide you with your requested services or products. We collect your first and last name, phone number and/or your e-mail address, your region and your postcode, 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. The legal basis which we rely on for processing your above personal data is that such processing is necessary for the purposes of the legitimate interests of BYD Europe, in responding to your questions and comments.
5) Newsletter subscriptions: We may collect your e-mail address so we can let you know about our products, events and services. The legal basis which we rely on for processing your personal data for this purpose is your consent, where you have indicated in advance that you wish to receive such communications. If you no longer want to receive promotional-related emails, you may opt out of receiving them at any time by clicking the unsubscribe button in your mails. (The withdrawal of your consent in this regard will not affect the lawfulness of such processing of Personal Data prior to that point).
For those processing operations as detailed above which are carried out on the legal basis of the legitimate interests of BYD Europe, we have carried out a legitimate interest assessment to ascertain whether or not our interests would be overridden by your interests or fundamental rights and freedoms – we only rely on this legal basis where that legitimate interest assessment has concluded that our interests would not be overridden by your interests or fundamental rights and freedoms; you can request this assessment using the contact details at the end of this Policy.
When we collect personal data from you as listed above, we may do so through cookies and similar technologies. For more information on how we use cookies on our website, please see our Cookie Statement.
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, as further described in our Cookie Statement.
BYD will not use and store Personal Data for any longer than necessary to fulfil the above-mentioned purposes or to comply with contractual obligations or as required by applicable laws.
If we have a contractual relationship with you, as a customer of BYD Europe, we generally hold your personal data for 7 years from the date our relationship ends, unless we are required or allowed to retain such data longer as mentioned above, or as needed to establish, bring or defend legal claims.
Where we have obtained your personal data following a request for information, test drive or any other information on any of our products or services, we hold your personal data for 1 year and 6 months from the date we collect that information, unless during that period we establish a relationship with you.
BYD has put in place robust technical and organizational measures for the protection of your Personal Data in accordance with the current, general state of technology, especially to protect the Personal 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 always guarantee the security of your Personal Data transmitted via our website. 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 applicable law and regulatory authorities.
We may 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 for the purposes of fulfilling orders, purchases, transactions or providing you with information that you have requested on behalf of BYD Europe. The legal basis which we rely on for processing your above personal data in this regard is that such processing is necessary for the purposes of the legitimate interests of BYD Europe and/or for the performance of a contract to which you are a party.
· 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. The legal basis which we rely on for processing your above personal data in this regard is that such processing is necessary for the purposes of the legitimate interests of BYD Europe.
Please note in this regard that BYD Europe and BYD dealers are separate legal entities with their own privacy policies. Please be aware that each dealer operates as a separate legal entity a separate controller, and you should read the dealer’s privacy policy to ensure that you understand its privacy policies and procedures. Additionally, because the dealer often is the first contact with you, the dealer can answer any questions you may have about its privacy policy. While BYD Europe encourages its dealers to ensure full compliance with all applicable privacy legislation and has provided information to our dealers relating to privacy obligations, BYD Europe is not responsible for dealers’ compliance with applicable laws and regulations.
· 3) with our third party service providers, agents, subcontractors and other organisations for the purposes of their 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. The legal basis which we rely on for processing your above personal data in this regard is that such processing is necessary for the purposes of the legitimate interests of BYD Europe.\
Please note in this regard that when we use third party service providers, we only share with them the personal data that is necessary for the provision of 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 law enforcement authorities, or other legal or regulatory parties for the purposes of complying with laws and regulations if we believe in good faith that such disclosure is necessary to comply with applicable laws, regulations or legal processes. The legal basis which we rely on for processing your above personal data in this regard is that such processing is necessary for compliance with a legal obligation to which BYD Europe is subject. Such disclosures may also be made for the purposes of protecting the interests of BYD Europe and its customers, employees and /or the public and to this extent the legal basis that we rely on is that such processing is necessary for the purposes of the legitimate interests of BYD Europe, namely protection of our rights, property, or safety, and/or the rights, property, or safety of our customers, employees, or the public; or to prevent or investigate potential fraud, security breaches, or other prohibited or illegal 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. The legal basis which we rely on for processing your above personal data in this regard is that such processing is necessary for the purposes of the legitimate interests of BYD Europe, namely for the pursuit of the commercial interests and/or corporate activities BYD Europe and/or the BYD Group
· 6) With optional third parties (such as Instagram, Facebook, and Twitter widgets) that you authorize, with your express consent, 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 Use and Privacy Policy, 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 processed securely.
BYD Europe may transfer Personal Data to a third country or international organizations outside the European Union/European Economic Area ("EU/EEA"), such as to China, which shall take place only 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 an adequacy decision, standard EU Model 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 8 below.
8 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 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 or complete
· 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 (e.g. in case we process your Personal Data for direct marketing purposes);
· to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
To exercise these rights, please contact us using the contact information provided in Section 9 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 "Questions and inquiries".
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. If this is Ireland, you may contact the Data Protection Commission using their online form.
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 Policy first. For additional questions, please feel free to contact us at privacy.ie@byd.com or write to us at BYD Europe B.V. s-Gravelandseweg 256, 3125 BK Schiedam. 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.
Our Data Protection Officer can be reached at privacy.ie@byd.com
Should you still have unresolved concerns, as detailed above you can lodge a complaint with the data protection authority of the EU country in which you live or work. Please find a list of data protection authorities in EU via this https://edpb.europa.eu/about-edpb/about-edpb/members_en. If this is Ireland, you may contact the Data Protection Commission using their online form.
10 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 data. 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.