PRIVACY POLICY
Effective from: 25/1/2024
Published on: 25/1/2024
凯发 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
· 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 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 凯发 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: ("凯发 Europe")
凯发 Europe can be reached via the following contact details:
· Mailing address: s-Gravelandseweg 256 3125 BK Schiedam, the Netherlands
· Email address: privacy.eu@xianghe-js.com
凯发 Europe is part of the global group of companies of 凯发 Company Limited in Shenzhen, China.
This Policy applies for all personal data processed by 凯发 Europe and/or on behalf of 凯发 Europe, which identify or may identify a person ("Personal Data"). These persons involved are hereinafter collectively referred to as data subjects ("Data Subjects").
This policy also applies to 凯发 (U.K.) CO., LTD. for UK data subjects, 凯发 UK can be reached via the following contact details:
· Mailing address: Unit B2, Parkway Trading Estate, Cranford Ln, Hounslow TW5 9QA, United Kingdom
· Email address: privacy.eu@xianghe-js.com
凯发 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 凯发 Europe.
For queries and inquiries about this Policy, please contact the Privacy contact person of: privacy.eu@xianghe-js.com
2 Processing of Personal Data
This Policy sets out the elements necessary for 凯发 Europe's compliance with applicable privacy legislation, principles and practice, including but not limited to the General Data Protection Regulation (GDPR), and UK law incorporated into GDPR by the Data Protection Act 2018 (UK GDPR) ("Applicable Laws").
The Policy is an external policy and is directed towards Data Subjects whose Personal Data are being processed by 凯发 Europe for the purpose for which information has been collected. This Policy applies to the processing of Personal Data, in which 凯发 Europe acts as the data controller within the meaning of the Applicable Laws.
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 using our services:
· 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 store your IP address. For this purpose, we process your above personal data for the purposes of the legitimate interests of the Company.
· 2) Schedule a Test Drive: We collect your location information, including your postcode, or your address to schedule a test drive with the local retailer. We also collect your first name, e-mail address or phone number, as well 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. For this purpose, we process your above personal data on the basis of providing your requested service and/or consent.
· 3）Submit your configuration: We collect your name, phone number or email after you submit your configuration to fulfil your request for products and services based on our contract with you. For this purpose, we process your above personal data on the basis of the performance of our agreement with you.
· 4）Contact Us / Submit your question or comment: We may collect any personal data 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 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. For this purpose, we process your above personal data for the purposes of the legitimate interests of the Company. We only process the data that is absolutely necessary for answering your question.
· 5) Newsletter subscriptions: We may collect your name and e-mail address so we can provide you with a service and let you know about our products, events and services. For this purpose, we process your personal data on the basis of your consent and/or legitimate interest (as applicable). 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. Please note that we may still send you safety messages or product service issues even if you opt out of receiving marketing messages.
· 6) User-generated Social Media Content (StoryStream): we may collect photos and/or video, including any sound, and accompanying text posted through your account on social media, accompanying metadata such as time and place of creation, your user name, and links to your social media profile in which you provided your consent. For this purpose, we process your personal data on the basis of your consent.
When we collect personal information from you as listed above, we do so through cookies and similar technologies. This includes Adobe Target, which helps us to test and personalise the experience that you receive on the site. Adobe Target enables us to carry out tests to improve the design of the website. For more information, please see our Cookie Statement.
We have also integrated the consent management tool "consentmanager" (www.consentmanager.net) from consentmanager AB (Håltgelvågen 1b, 72348 Västerås, Sweden, mail@consentmanager.net) on our website to obtain consent for data processing and use of cookies or comparable functions, please find more inforamtion here.
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
凯发 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 generally hold your personal data for 7 years from the date such contract 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 form a relationship with you.
5 Security of Personal Data
凯发 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 website. In the unfortunate event that a personal data security incident occurs, we will report it and take remedial measures – both if and as required under applicable law and from regulatory authorities.
6 Sharing Personal Data
We share the information identified above:
· 1) within the 凯发 Group, which includes parents, corporate affiliates, subsidiaries, business units and other companies that share common ownership to provide the services to you on behalf of 凯发 Europe;
· 2) with 凯发 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.
o i. 凯发 and 凯发 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 policy to ensure that you understand its privacy polices and procedures. Additionally, because the 凯发 dealer often is the first contact with you, the dealer can answer any questions you may have about its privacy policy. While 凯发 encourages its dealers to ensure full compliance with all applicable privacy legislation and has provided information to our dealers relating to privacy obligations, 凯发 is not responsible for dealers’ compliance with applicable law.
· 3) with our suppliers and 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. When we use third party service providers, we only share with them the personal data 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 law enforcement authorities, government agencies or other third parties to comply with laws and regulations, legal processes, or governmental requests; to protect our rights, property, or safety, as well as the rights, property, or safety of our customers, employees, or the public, to prevent or investigate potential fraud, security breaches, or other prohibited or illegal activities.
· 5) if we have a legal basis 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.
· 6) with other third parties (such as Instagram, Facebook, and Twitter widgets) that you authorize, with your express consent (“Optional Third Parties”). These services or offerings from Optional 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 data 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.
7 International Transfer
In principle, 凯发 Europe stores all collected personal data in the European Economic Area (EEA) or the UK. By making a test drive, or otherwise sharing your personal data, we may transfer such personal data to 凯发 affiliates located within the EEA or UK. 凯发 shall do so only as necessary for the specific purposes as set out in this Privacy Notice, and shall at all times act in compliance with Applicable Laws on data protection.
In case we transfer your personal data to a country outside of the EEA or the UK and such country does not have a relevant adequacy decision by the European Commission, we ensure that your personal data is transferred lawfully and adequately protected by using the Standard Contractual Clauses (SCCs) as adopted by the European Commission or, for the UK, the UK international data transfer agreement (IDTA), and (if necessary) adopting other additional appropriate technical measures, organizations and measures (e.g., encrypting your data or taking other necessary measures).
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 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 (e.g. in case we process your 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 9.
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 country 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, the provision of requested personal data is optional.
9 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 凯发's data protection officer at [privacy.eu@xianghe-js.com] or write to us at 凯发 Europe B.V. s-Gravelandseweg 256 3125 BK Schiedam, or 凯发 (U.K.) CO., LTD. [Unit B2, Parkway Trading Estate, Cranford Ln, Hounslow TW5 9QA, United Kingdom] for UK data subjects.
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/.
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.
