Privacy Policy

Effective from: 2022-07-25
Published at: 2022-07-18

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 who's Personal Data are being processed by BYD Europe for the purpose of producing and delivering products and services. 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?

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:

  • (a) When you interact with us before purchase: When you visit our website, stores and galleries, attend a BYD event, perform a test drive, contact us with questions or for product information (in person, online, telephone, and email), we may collect personal data from or about you, including your name, your email address, your telephone number, your zip code, your region and test drive information. You can choose to provide telephone number to us.
  • (b) Through browser or device: Certain information is collected by most browsers or automatically through your device, such as your computer’s internet protocol (IP) address.

4 How do we use your personal data?

We use personal data to manage and meet service and information requests, to understand service vehicle and website use, and to make our products and services as effective as possible.

Data Processing Activities

Type of Data

Legal Basis for Processing

To fulfil requests you make to us, including test drives, create pre-order, service requests, call back requests for events or vehicles, newsletter requests or information about specific vehicles

• Contact information: name, telephone number (optional), email address , zip code, region, title

• Where you have provided your consent

To send you details of products, services, exclusive events, special offers and rewards that we think will be of interest to you, unless you object

• Contact information: name, telephone number (optional) , email address , zip code, region.

• Where you have provided your consent

To optimize website performance and analytics

• computer’s internet protocol (IP) address.

• Legitimate interests

To demonstrate compliance with regulatory requirements

• Contact information: name, telephone number (optional) , email address , zip code, region.

• Necessary to comply with a legal obligation

5 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.

6 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.

7 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. 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. Any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to prevent unauthorized access. 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.

8 Transfer of Personal Data

Personal Data is being accessed or transferred by BYD Europe and other third parties such as BYD Europe's affiliates, creditors, embassies, governments, BYD distributors, webshops (e.g. Broekman), package delivery firms (e.g. TNT/DHL) and collection agencies.

We do not sell your personal data to anyone for any purpose, period. The table below illustrates who we may share your personal data with:

Categories of Recipients

Description

Reason for Sharing

Affiliates and subsidiaries

Companies that are owned or controlled by BYD, or where we have a substantial ownership interest

To assist, operate, enhance, and fulfil services on our behalf

BYD distributors

Companies we’ve cooperated to provide products and services

To operate, enhance and fulfil services

Cloud Services Provider-Azure Cloud

Companies we’ve hired to provide cloud data hosting service

To assist, operate, enhance, and fulfil services on our behalf

Law enforcement and government authorities

Disclosure of information as required by law, or when otherwise appropriate

To comply with applicable laws

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.

Circumstances may arise where, whether for strategic or other business reasons, BYD Europe decides to sell, buy, merge or otherwise reorganize businesses. Such a transaction may involve the disclosure of Personal Data to prospective or actual purchasers, or receiving it from sellers. It is BYD Europe 's practice to seek appropriate protection for information in these types of transactions.

BYD Europe may transfer Personal Data to a third country or international organizations outside of 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). The EU Model Clauses are attached to the Data Processing Agreement between BYD Europe and its data processors.

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).

For electronic, telephone calls or text communications, 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. If you would like to stop receiving promotional-related or automated text messages from us, you can follow the instructions in the text message you received. If you receive a marketing-related call from us and do not want to receive similar calls in the future, please ask to be placed on our “do not call” list. Please note that we may still send you safety messages or product service issues even if you opt out of receiving marketing messages.

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 LINK.

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.

Purpose of processing

Legal ground

Sales and material management

Legitimate interest

Offers and orders of vehicles

Necessary for the performance of a contract

Marketing and PR activities

Legitimate interest (marketing and PR)

Legal aid (review of contracts)

Legitimate interest (review of contracts)

Relationship management

Consent and necessary for performance of a contract

Maintaining contact with potential business partners

Consent

Create Purchase Order (PO)

Necessary for performance of a contract

Provide service and support

Necessary for performance of a contract

Quality control

Necessary for the performance of a contract and necessary for compliance with legal obligation

Customers Training

Legitimate interest