POLICY ON THE PROCESSING OF YOUR PERSONAL DATA

("PRIVACY NOTICE")

This policy applies to the processing of personal data ("data") of all our customers and former customers as well as to individuals we prospect or who request information from us or contact us about our vehicles, products or services or use our applications.


The data controller of your data is:

Inchcape Belgium Distribution SA

Company number: BE0459.491.374

Address: Chaussée de Louvain 369, 1932 Zaventem

Email: privacy@byd.inchcape.be

 

Hereafter "we" or "us" or "IBD"

·       IBD acts as the primary data controller for the activities described in this notice. In certain circumstances, other entities may act as separate controllers:

·       BYD Europe B.V.: acts as a separate data controller for certain activities related to vehicle connectivity, application services and product improvement at the European level.

·       Independent Authorized Dealers and Repairers: Act as separate data controllers for their own business activities, including managing their own customer relationships and marketing communications.

·       Financing and insurance partners: act as separate data controllers for the evaluation, conclusion and management of finance, leasing or insurance contracts. Please see their respective privacy notices for more information on their processing.

 

1. WHAT DATA DO YOU COLLECT?

We may collect the following categories of Data, which will vary depending on your relationship with us:

General information such as, but not limited to:

  • Your name, surname, title, language and date of birth
  • Your postal address, e-mail, landline and/or mobile phone number, ...
  • Any personal information that you voluntarily and without obligation (e.g. family composition, profession, etc.)

If you are a professional, among other things:

The contact details of your company/association/institution: name, postal address, landline and/or mobile telephone number, email address, your VAT and company number, legal form.

 

Vehicle-related information, such as, but not limited to:

  • Information about interactions between you and us, such as your relationship history with us and your transactions with us, including, for example, your visits to our showrooms, your purchases, your saved vehicle configurations, your visits to our network for repair and maintenance, your contacts with us, your questions,  requests and complaints;
  • Information about your vehicle (e.g., vehicle identification number, information about your vehicle's delivery date, mileage, diagnostic information about your vehicle, information about maintenance and repairs performed on your vehicle, and information about your vehicle's CO2 emissions and energy consumption in actual use);
  • The distributor(s) or repairer(s) concerned;
  • Information related to your vehicle's connectivity (technical logging, etc.);
  • Connectivity-related information via apps related to your vehicle
  • Information about your interests and preferences

 

 Information related to our surveys

The answers you gave in the survey (unless the survey was anonymous).

 

Information about the consents you have given us and how we manage those consents (including, for example, keeping records and processing your withdrawals).

Information from third parties, such as, but not limited to:

We may also collect information about you from public databases, social media platforms, or marketing file owners, which will help us update your Data, improve the quality of your Data, or supplement your Data, including to help us better understand the types of products that may be of interest to you.

To the extent possible, we also keep the dates on which this information is communicated to us or when changes have been made to it.

 

Automatic Data Collection

Our website uses server logs, which record your interactions with our website and the web pages you visit in relation to your computer's momentary Internet Protocol (IP) address. The automatic processes we use to collect information include cookies, log files, and wifi hotspot tags.

When you visit our website, we may record certain information based on the cookies we place. For more information, we refer to our cookie statement on our website.

 

2. PURPOSES AND LEGAL BASES FOR PROCESSING YOUR DATA

We process your Data for the purposes and on the basis of the legal bases described below:

Summary table of purposes and legal bases:

Purposes:

Legal basis:

Follow up and respond to your requests

To follow up on and respond to your request(s) for a test drive, quote, brochure, appointment or information on "Build Your Dream" products and services or any other request for information.

Legitimate interest of IBD (to respond to requests from prospects and potential customers, to develop our business activity). We have weighed this interest against your rights: you have contacted us voluntarily and are waiting for a response; The impact on your privacy is limited.

Performance of contracts between you and us:

In connection with the creation, acceptance and follow-up of contracts that may exist between you and us, e.g. on the basis of your purchase of a vehicle- To provide you with our products and services (e.g. maintenance, breakdown and repair of your vehicle, warranty implementation, mobility services,  etc.)

Performance of your contract

Quality of products and services, analysis and R&D:

For the use of your data for market analysis, financial management, reporting, for evaluating and improving the quality of our products and services, and for research and development activities.

IBD's legitimate interest (to improve our products and services). Balancing: these analyses are essential for our competitiveness; The data is aggregated or pseudonymised wherever possible.

Customer satisfaction surveys:

To send you satisfaction surveys to understand your experience as a customer.

IBD's legitimate interest (to improve the quality of our customer service). Balance: The impact on your privacy is limited and you can unsubscribe at any time.

Marketing and promotional communications:

For our marketing communications through all channels (including social media), to send you commercial reminders related to your vehicle, information about our events, marketing surveys, to manage your entries in our competitions and to send you newsletters to which you have subscribed.

Your consent (Article 6.1.a GDPR). You can withdraw your consent at any time without affecting the lawfulness of the previous processing.

Management of your personal data:

We may centralise, combine, share, update and rectify your data that you have provided to us.

IBD's legitimate interest (to keep data accurate and up-to-date).

General legal obligations:

To comply with our legal obligations (e.g. court order, request from a competent authority).

Legal obligation

Vehicle history and environmental data:

Your vehicle's history may be shared with successive owners in accordance with European legislation. Data on CO2 emissions and energy consumption in real conditions are communicated to the European Environment Agency and the European Commission, unless expressly refused by the owner. This is only data relating to the vehicle.

Legal obligation

Accounting and tax obligations

To keep our accounts and comply with our tax and legal document retention obligations

Legal obligation - in particular Companies and Associations Code, VAT legislation

Fraud prevention, security and dispute management:

To combat possible fraud, misdemeanours and possible infringements- To ensure the security of our systems, premises and assets- To manage disputes and legal proceedings, to establish or defend our legal rights

IBD's legitimate interest (to protect our assets, prevent fraud and defend our rights). Balance: fraud prevention and litigation protection are critical to our business; The processing is proportionate and limited to the necessary data.

Assignment of receivables:

To process and transmit your data in the context of the assignment of receivables to financial institutions or collection agencies

Legitimate interest of IBD (cash management and debt collection). Balancing: Disposal is standard business practice; Only the data necessary for collection are transmitted.

Location in the event of an accident or distress call (eCall):

To comply with the legal obligation of the European eCall system, which automatically transmits the location of your vehicle to the emergency services in the event of a serious accident

Legal obligation - Regulation (EU) 2015/758 on the eCall system. This system cannot be disabled.

Safety and service recall campaigns:

To contact you if your vehicle is the subject of a safety recall campaign or a service campaign related to an identified defect

Legal obligation - EU legislation on product safety and automotive recalls

 

Profiling and automated decisions:

We use certain forms of profiling in the course of our activities:

•           Personalization of communications: we analyze your interactions with us (purchase history, requests, preferences) to tailor our communications to your interests. Legal basis: legitimate interest (tailoring our communications to our customers' preferences in order to provide them with relevant offers and information).

•           Email engagement tracking: If you have consented to receive our marketing communications, we can detect whether you open and read our emails in order to measure their relevance. Legal basis: legitimate interest (measuring the effectiveness of our marketing campaigns and improving the relevance of our communications).

This processing does not result in automated decisions that produce legal effects or significantly affect you within the meaning of Article 22 of the GDPR.

You have the right to object to profiling for direct marketing purposes. To exercise this right, contact us at privacy@byd.inchcape.be.

 

3. HOW LONG WE KEEP YOUR DATA

Your Data is kept for periods determined according to the purposes of the processing. The following are the applicable retention periods:

Retention periods by data category and purpose:

  • Inquiries and prospects (test drive, quote, brochure): 5 years after your last interaction with us, unless you become a customer
  • Contract and after-sales data: duration of the contract + 10 years after the end of the contractual relationship (statutory retention obligations, limitation periods)
  • Accounting and tax documents: 7 years in accordance with Belgian legislation (Companies and Associations Code, VAT Code)
  • Marketing data: until you withdraw your consent or, if no interaction, 1 year after your last interaction with our communications
  • Data related to a dispute: until the final resolution of the dispute and the expiry of the appeal deadlines
  • Data subject to a specific legal obligation: in accordance with the deadlines imposed by the applicable regulations

After these periods, your data will be deleted or anonymised.

 

4. RECIPIENTS OF YOUR DATA


Your personal data will be shared and made accessible to the following recipients or categories of recipients:

  • To our external processors, in connection with services that we ask them to perform on our behalf.
  • To entities within our organization or brand environment, including other companies that are part of the IBD group, including BYD EUROPE B.V.
  • If you have entered into a finance/loan/leasing contract or an insurance contract related to your vehicle with one of our business partners, we will process the relevant information necessary to complete the contract forms as a processor and forward it to the relevant partner, the data controller. In this case, we invite you to refer to the privacy notice of the respective partner.

 

Disclosure/Transfer of Your Data to Countries Outside the European Economic Area (EEA)

In the course of our business, your data may be transferred to destinations outside the EEA. The main destinations are:

·       United States: Some of our service providers (cloud hosting, marketing tools, analytics) are based in the United States.

·       United Kingdom: business partners and contractors within the Inchcape Group.

For these transfers, we put in place the following guarantees:

  • Adequacy decision: when the destination country benefits from an adequacy decision from the European Commission (Article 45 GDPR), such as the United Kingdom.
  • Standard Contractual Clauses (SCCs): For transfers to countries without an adequacy decision (including the United States), we use the standard contractual clauses approved by the European Commission (Article 46.2.c GDPR).
  • We also implement additional measures when necessary, such as encryption of data in transit and at rest, as well as transfer impact assessments.
  • You can obtain a copy of the transfer guarantees by contacting privacy@byd.inchcape.be.

 

5. USE OF SOCIAL NETWORKS

If in the course of our relationship you use a specific login of a social network (e.g. your Facebook account), we store your personal data available on this social network and your use of such a social network identifier means that you have consented to the communication of your personal data stored by IBD in this way.

We sometimes allow the publication of (personal) data via social networks such as Twitter and Facebook. These social networks have their own terms of use that you should take into account when you are active on social networks. We remind you that posting on social networks may have certain consequences, including for your privacy or for the privacy of people whose personal data you share, such as, for example, the impossibility of removing a publication in a short time.

In some specific cases (e.g. through the use of the "share", "like" or "follow" buttons), IBD may be considered a joint controller with Facebook in connection with the collection and processing of your data.

We advise you to always carefully read the privacy policy of any website you access or social network through which you share information in order to understand their privacy practices.

 

6. YOUR CHOICES AND RIGHTS

We want to be as transparent as possible with you, so that you can make wise choices about how you want us to use your personal data.

Your personal data

You can always contact us at the address mentioned at the beginning of this document to determine what personal data we have about you and where it comes from. Under certain conditions, you have the right to receive your personal data, which you have provided to us, in a commonly used machine-readable format and to transmit your personal data to a third party of your choice.

Right to correction

If you find an error in your personal data or if you observe that it is incomplete or incorrect, you can also ask us to correct or complete it.

 Right to restriction of processing

You have the right to request a restriction of the processing of your personal data (e.g. while the accuracy of your personal data is verified).

 Right to object/erasure/withdrawal of consent

You can object to the use of your personal data in the following cases:

·       Direct marketing: You can object to the processing of your data for direct marketing purposes, including profiling related to direct marketing, at any time.

·       Processing based on legitimate interest: You have the right to object to any processing based on our legitimate interest, on grounds relating to your particular situation. We will then cease the processing, unless we demonstrate compelling legitimate grounds that override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

You may withdraw the consent you have given us for the processing of your personal data at any time, without this affecting the lawfulness of the processing based on consent before its withdrawal.

In addition, you can ask us to delete data about you (except in certain cases, for example, to provide proof of a transaction or in the event of a legal obligation).

You have the right to lodge a  complaint to the Data Protection Authority, at Rue de la Presse 35, 1000 Brussels, or by email to 'contact@apd-gba.be'.

We may change this data protection policy, for example in connection with changes to our products or services or to applicable legislation. Therefore, it is advisable to read this privacy statement at regular intervals.