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: s-Gravelandseweg 256 3125 BK Schiedam
  Telephone number: +31 (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. Handling 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. Personal Data

  Personal Data mentioned herein and defined by BYD Europe refers to information of all kinds related to each Data Subject -- their name, address, email address, mobile phone number, and so on -- that are transmitted to BYD Europe by Data Subjects.

  The categories of Personal Data BYD Europe processes are:

  - name;
  - last name;
  - title;
  - family name;
  - e-mail address;
  - telephone number (business and private);
  - fax number;
  - bank account number;
  - address;
  - business, invoice and delivery address;
  - working experience;
  - position in the company;
  - department;
  - nationality;
  - IP address;
  - log in history; - video images of natural persons;
  - digital pictures of natural persons at events;
  - payment order/history;
  - visitor information (date and time);
  - social media account;
  - contracts;
  - letter of credit;
  - invoices and transaction data;
  - password;
  - energy consumption;
  - user (serial) number; and
  - user loging ID or username.
  

• 4. Purpose and legal basis of data processing

  The purposes of the processing of Personal Data by BYD Europe are:

  - sales an d material management;
  - marketing and PR activities;
  - payment of invoice and debt management;
  - legal aid (review of contracts);
  - relationship management;
  - maintaining contact with potential business partners;
  - create Purchase Order (PO);
  - camera surveillance;
  - provide service and support;
  - visitor registration;
  - quality control;
  - training customers;
  - package delivery; and
  - contract management.
  

  For more information on the purposes of the processing of Personal Data by BYD Europe please refer to Annex 1 to this Policy, which includes a table with the purposes, legal grounds and retention periods for the processing of Personal Data.

  Legal grounds

  BYD Europe is obligated to process the Personal Data in accordance with these purposes and in compliance with the Applicable Laws. The data processing by BYD Europe is necessary for the operation of activities , for which the Data Subject has given its explicit consent, or for the performance of a contract between BYD Europe and the third party, or for the performance of a legal obligation, or is necessary for the purposes of a legitimate interest pursued by BYD Europe. The Data Subjects has the right to withdraw consent at any time. Also, when the processing is necessary for the performance of the contract between BYD and the Data Subject, the Personal Data processed is necessary to enter into a contract. The legitimate interests for which BYD processes Personal Data are: relationship management, marketing and PR activities contact form for offers and orders, and safeguarding the security of customers and visitors.

  Retention period

  BYD will not use and store Personal Data longer than necessary to fulfil the abovementioned 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. Annex 1 of this Policy refers to the retention periods for each purpose of processing of Personal Data.

• 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 is 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

  BYD Europe handles Personal Data carefully and confidentially, and uses all suitable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Data.

• 7. 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, webshops (e.g. Broekman), package delivery firms (e.g. TNT/DHL) and collection agencies.

  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.

  BYD Europe discloses Personal Data in case such disclosure is mandatory under Applicable Laws or is reasonably judged to be essential in order to protect and safeguard the rights, property and safety of other parties, BYD Europe itself, and/or BYD Europe's affiliates.

  BYD Europe may use the IP addresses of Data Subjects recorded in the system, in order to explore the cause of or solution to any problem arising in its servers, or to administer its Website.

  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 organisations 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.

  In certain circumstances, it is possible that Personal Data may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders.

• 8. Rights in relation to Personal Data

  Data Subjects have the right of information, access, rectification, addition and erasure of Personal Data, and the right to object against or restrict the processing of Personal Data (or withdraw an earlier given consent), as well as the right to data portability. The procedure of BYD Europe that enable Data Subjects to exercise these rights, is described below.

  Data Subjects may file a request for access with BYD Europe, and BYD Europe shall respond as soon as possible, and in any event within one (1) month, about:

  a) whether BYD Europe holds any Personal Data relating to the respective Data Subject; and, if so, information is provided on the purposes of the processing, the categories, the recipients (if applicable) the envisaged period for which the Personal Data will be stored, or the criteria used, the a) whether BYD Europe holds any Personal Data relating to the respective Data Subject; and,

  b) if so, information is provided on the purposes of the processing, the categories, the recipients (if applicable) the envisaged period for which the Personal Data will be stored, or the criteria used, the existence of the right to request rectification, erasure, restriction or to object to such processing, the right to lodge a complaint with a supervisory authority, the existence of automated decision-making, where the data is transferred to a third country, the appropriate safeguards and the source(s) of the Personal Data.

  After a Data Subject has accessed the Personal Data, he/she may request BYD Europe to correct, restrict, amend, add, erase and/or transport the Personal Data. BYD Europe informs the Data Subject within one (1) month after receiving the request whether the request shall be complied with (in time), and if not, accompanied with the reasons for the delay or rejection.

  Information provided shall be free of charge. Data Subjects can exercise these rights at reasonable intervals. Data Subjects can exercise their rights by contacting the Privacy contact person in writing (see address above) or per e-mail at: privacy.eu@byd.com

  BYD Europe will comply with a legitimate request of a Data Subject for correction, restriction or erasure, if the Personal Data are factually incorrect, incomplete, or irrelevant for the purpose(s) of the data processing, or otherwise processed in violation with the Applicable Laws.

  With regard to a request to erase Personal Data, it should be taken into account that BYD Europe shall not comply with such request, if it is incompatible with any legal obligations of BYD Europe.

  If a request is allowed, BYD Europe shall execute the decision to correct, amend, erase and/or transport the Personal Data as soon as possible.

  In the event of concerns about the handling of Personal Data, Data Subjects also have the right to lodge a complaint with a local supervisory authority (in the Netherlands: Autoriteit Persoonsgegevens).

• 9. Questions and inquiries

  For queries and inquiries about this Policy of BYD Europe, please contact the Privacy contact person at: privacy.eu@byd.com

  Annex 1: purposes of processing, legal grounds and retention periods.

  Purpose of processing	Legal ground	Retention period
  Sales and material management	Legitimate interest	7 years after expiration of contract
  Offers and orders of vehicles	Necessary for the performance of a contract	7 years after the end of the contract
  Marketing and PR activities	Legitimate interest (marketing and PR)	1 year after the person leaves the position
  Payment of invoice and debt management	Necessary for performance of a contract	7 years
  Legal aid (review of contracts)	Legitimate interest (review of contracts)	7 years after expiration of contract
  Relationship management	Consent and necessary for performance of a contract	7 years, or 2 years after end of the relationship with the customer
  Maintaining contact with potential business partners	Consent	1 year
  Create Purchase Order (PO)	Necessary for performance of a contract	5 years after creating PO
  Camera surveillance	Legitimate interest	1 year, or in case of an incident as long as needed for handling a legal claim
  Provide service and support	Necessary for performance of a contract	10 years after the purchase, or 2 years after the end of BYD Europe’s contractual obligations.
  Visitor registration	Legitimate interest (security)	6 months
  Package delivery	Necessary for performance of a contract	7 years
  Contract management	Necessary for performance of a contract	7 years after the end of the contract with the suppliers
  Quality control	Necessary for the performance of a contract and necessary for compliance with legal obligation	For the duration of the warranty (12 years or 25 years performance warranty)
  Training customers	Legitimate interest	For duration of dealership, every two years

• RGPD Politique externe BYD France

  RGPD Politique externe BYD Italy