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PRIVACY & LEGAL

PRIVACY POLICY

 

Effective from: 19th September, 2022

Published on: 19th September, 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
  • • 5 Purpose limitation
  • • 6 Security of Personal Data
  • • 7 Sharing of Personal Data
  • • 8 International Transfer
  • • 9 Rights in relation to Personal Data
  • • 10 Questions and inquiries
  • • 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.

 

1 Introduction

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 can be reached via the following contact details:

  • • Mailing address: s-Gravelandseweg 256 3125 BK Schiedam, the Netherlands
  • • Telephone number: 0031 (0)10 2070888
  • • 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").

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

 

2 Processing of Personal Data

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) ("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 data when 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.
  • 2)  Schedule a Test Drive: We collect your location information (such as your zip code, and your region) to schedule a test drive to the local retailer. We also collect your identifiers (such as your first name, e-mail address, and phone number), as well as any additional personal information(such 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.
  • 3)Submit your order: We collect your order details to fulfil your request for products and services based on our contract 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, e-mail address, your region and your postal code(optional), 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.

When we collect personal information 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 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.

 

 

4 Retention period

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.

 

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 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.

 

6 Security of Personal Data

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.

 

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 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.
    • 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.

 

8 International Transfer

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 or 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 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 (Art. 15 GDPR)
  • • that some of your personal data is provided to you or sent to another data controller in a commonly used, machine readable format (Art. 20 GDPR)
  • • to update or correct your personal data in order to make it accurate (Art. 16 GDPR)
  • • to delete your personal data from our records in certain circumstances (Art. 17 GDPR)
  • • to restrict the processing of your personal data in certain circumstances (Art. 18 GDPR)

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 - Art. 21 GDPR).

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.

 

10 Questions and inquiries

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. 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 this https://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. 

 

TERMS OF USE

 

Welcome to BYD website, by accessing and using our website, visitors are bound by these Terms without limitation or reservation. These Terms should be read in conjunction with the Privacy Policy and Cookies Policy for the website which tells you how we collect and use personal data you provide to us or which we collect.

 

INFORMATION ABOUT US

The "BYD Europe" website (https://www.byd.com/eu) managed by BYD Europe B.V., keeps you up to date with BYD's global information and advertising about BYD’s products and services, and more. The products presented by BYD on this website are intended for the European market only. 

 

DETAILS OF THE VEHICLES

All the statistics, data quoted for the vehicles on this website are measured in a controlled environment in accordance with the applicable laws. The measurement is performed on a standard production vehicle. In practice, the performance of the vehicles could be affected by the factors such as weather conditions, load, tire pressure, driving behavior, etc.

 

PRICES

Please note that the prices shown on our website [are indicative only] and do not constitute an offer for the sale of BYD's products and services. The prices may be subject to change depending on factors such as the particular specification of a vehicle.

 

OUR DEALERS

 Our vehicles, other products and services (together referred to in these terms as “vehicles”) are sold in the Europe through approved dealers. Please note that whilst such dealers sell BYD vehicles, they are not acting as agents for BYD. These terms do not apply to websites operated by dealers and each dealer’s website shall be subject to its own terms of use.

 

TEST DRIVES

 You can use the website to request a test drive of a vehicle (or vehicles) shown on the website. Please note that submitting a request for a test drive does not guarantee that you will be offered a test drive.

Test drives are offered subject to status, terms and conditions and vehicle and dealer availability. For more information about booking a test drive, please contact us or one of our dealers.

 

PROMOTIONS

From time to time, we may run promotions on the website. Where you wish to participate in any such promotion, please ensure you first check the promotional terms and conditions as these will apply to any entry which you submit.

 

INTELLECTUAL PROPERTY

All material on this website is protected by copyright laws, and other applicable laws of each country. BYD’s intellectual property rights (including copyright, trademark rights and patent rights) will, remain the exclusive property of BYD. Except for personal, non-commercial internal use, materials are prohibited to use (including without limitation, copying, modifying, reproducing in whole or in part, uploading), without obtaining BYD's prior written consent.

 

TRADEMARK

The trademark, logos, images and service mentions on this website are the property of BYD. They may not be used, downloaded, copied or distributed in any way whatsoever without the prior written consent of BYD.

 

HYPERLINKS

Our website may contain hyperlinks to other completely independent Internet sites. BYD does not warrant the accuracy, completeness or authenticity of the information contained in any such hyperlink or any other Internet site. The risks associated with visiting such linked internet sites are entirely for the account of the visitor.

 

No representation or warranty of accuracy

While BYD makes every effort to provide accurate information, the accuracy of the information on this site cannot be guaranteed. 

 

DISCLAIMER

BYD expressly disclaims all liability for direct, indirect, incidental or special damages resulting from, or in any way related to, your access to or use of the BYD website, including, but not limited to, loss or damage caused by computer viruses or from the use of the information on the BYD website.

 

ADJUSTMENT OF THE TERMS

We reserve the right to amend these Terms from time to time. Any changes will be posted within this page and shall become effective as soon as they are posted. By accessing and using the website after the Terms have changed, you agree to be bound by the updated Terms.