2.1How we use personal information
Primarily we collect personal information for the purpose declared at the point of collection and so we can provide you with the best possible experience for you, and in order to comply with our legal, regulatory, industry or workplace requirements. More specific purposes include but are not limited to:
·any purpose which we inform you about when we collect your personal information or to which you have provided your consent;
·any purpose relating to buying, selling, repairing and loaning vehicles and parts;
·registering your interest in buying vehicles, servicing vehicles or part sales, including via our microsites;
·providing you with digital services requested by you including the BYD App, smart control information and telematics services;
·if you wish to own or already own a franchise of our products and/or services;
·any related purpose which would be reasonably necessary or directly related to one or more of our functions or activities;
·customer management including communicating to you about any goods and services, responding to enquiries in relation to products we sell and services we offer and varying our products and services;
·providing support to our customers and authorised dealer network;
·customer assistance, care, contact and information;
·fulfilling and processing orders and administering accounts;
·roadside assistance, vehicle warranty, product issues, service measures and recalls;
·marketing, event and promotional activities (including but not limited to competitions and other promotions);
·informing you of special events or offers;
·reporting, market research, customer surveys, customer analysis and product development;
·accounting, billing or other internal administrative purpose;
·as part of servicing and maintenance of IT systems and applications;
·recruitment purposes;
·to protect our legitimate interests including, for instance, registering a security interest on the Personal Property Securities Register or taking or responding to any legal action;
·conducting background checks, including checking against sanctions lists;
·to comply with industry, legal and regulatory requirements; and/or
·where permitted or required by law, a court or tribunal.
2.2 Disclosure
During the course of our day to day business, we may disclose your personal information to third parties outside our organisation, including but not limited to:
·those that you have consented we disclose your personal information to, either impliedly by your conduct, verbally or in writing;
·our authorised network;
·contracted service providers including but not limited to payment service providers, advertising and marketing agencies, certain cookie and web technology providers referred to in our
Cookie Policy, financiers, insurers, mailing houses, printers, organisations that assist us to conduct promotions, market research, product planning, analytics or research and development, payroll service providers, recruitment agencies, debt collectors, data analysts, IT service providers, roadside assistance providers, database storage and service providers, cloud service providers, auditors and professional advisors;
·other members that are part of, related to or associated with the BYD Company Ltd (many of whom are based overseas see 2.3 below);
·related companies for example, BYD Auto Industry Co., Ltd that we share corporate services with, including information technology and human resources, or who provide back of office services to us;
·third party consultants under conditions of confidentiality for business related activities; and/or
·government agencies, enforcement authorities, regulators or other similar entities as required or permitted by law.
2.3 Our Commitment to Children’s Privacy
We do not knowingly collect, use, share or sell the Personal Data of children. If we learn that we have collected Personal Data from a child, we will delete that information. For questions or additional information, see the “Contact Us” section below.
2.4 Cross border disclosure
In the ordinary course of our day to day business activities and those of our related and associated entities and service providers, your personal information may be transferred, accessed, processed and/or stored in various countries which include but are not limited to, Singapore, India, China, Malaysia, United Kingdom and Japan.
Where we arrange for work or services to be undertaken on our behalf, that work is undertaken under conditions of confidentiality and may result in your personal information being transferred, accessed, processed and/or stored (for example, on clouds or servers) in various countries for the purpose of service delivery to us or you.
Unless an exception applies in the Privacy Act, prior to disclosing personal information to overseas recipients we will take reasonable steps in the circumstances to ensure that the overseas recipient adheres to the APPs.
Overseas organisations may be required to disclose information we share with them under a foreign law. In those instances, to the fullest extent permitted by law, we will not be responsible for that disclosure.
2.5 Direct marketing
Direct marketing involves us communicating directly with you to promote the sale of our goods and services. This can be achieved by an array of methods including for example, by mail, telephone, e-mail or SMS/IM/MMS and potentially by third parties on our behalf. We will obtain your consent prior to using or disclosing your personal information for direct marketing purposes.
We do not actively market to children or knowingly collect personal information about children without parental consent. Whilst we do take steps to ensure that children’s privacy and rights are not compromised, it is ultimately the responsibility of parents to monitor their children’s internet usage.
2.5.1 Electronic communications
Where we electronically communicate with you (e.g. by instant messaging, SMS/IM/MMS, and other mobile phone messaging (but excluding voice to voice communications)) for the purpose(s) mentioned above, we comply with the Spam Act 2003 (Cth) as amended from time to time. We take steps to ensure that our electronic communications meet the following conditions, they:
·will only be sent with your consent, which you either provide expressly, or in very limited circumstances, that consent is inferred by your conduct or an existing ongoing business relationship;
·contain accurate information about us and how to contact us; and
·contain a functional unsubscribe facility to allow you to opt out of receiving electronic messages from us in the future.
2.5.2 Do Not Call Register Act 2006 (Cth)
The Do Not Call Register Act 2006 (Cth) allows telephone numbers to be registered if they are used primarily for domestic or private purposes in order to allow you to opt out of receiving most telemarketing calls or marketing faxes. If you have registered your private or domestic number on the register, then we will not contact you for telemarketing purposes for example, offering to sell you goods or services except if you have expressly opted in to receive direct marketing phone calls from us of which you can opt out of at any time.
However, we will still contact you for purposes that are not telemarketing purposes, including but not limited to the following:
·product recall, issue and fault rectification calls;
·appointment reminder and rescheduling calls;
·calls relating to payments;
·calls relating to a contract or the subject matter of contract we have with you; and
·solicited calls.
2.5.3 Opting out - Direct marketing, electronic communications and telephone calls
If you do not wish to receive direct marketing, electronic communications or telephone calls from us for direct marketing purposes, you can opt out at any time. When you opt out, we will stop sending the material until such time as you change your preferences.
If you elect not to receive any direct marketing material from us, you are likely to miss out on special product and service promotions, invitations to events, publications and other items that fall into this category.
You can opt out by contacting our Privacy Officer as per the details set out in item 4.3 of this Privacy Policy.
2.6 Cookies, Tracking and Retargeting Technologies
2.6.1 General
We use different web technologies (such as cookies, tracking technologies and retargeting technologies) so that we can make our webpages more user-friendly, continuously improve them, and show content, offers and advertisements that are more suited to you. We may also use this information to conduct reporting, customer analytics, market research and product development. For more information about what web technologies are and how we use them, please refer to our Cookie Policy on our website.
Important: When certain web technologies are used, cookies on our websites track your browsing activity. In the process, random identifiers (so called “Cookie IDs”) are used which may be brought into connection with your name, your address or similar personally identifiable information that we may already hold (e.g. from an existing contractual relationship). On this basis, if you have already provided us with personally identifiable information, by consenting to the use certain web technologies you are consenting to us associating your browsing activity on our websites to you personally.
For Analysis and Statistics web technologies, Comfort web technologies and Marketing web technologies, we will only use these technologies if you agree. For Technically Required web technologies, by simply using our websites, you consent to their use.
Further information about the above technologies, the respective providers and the associated processing of personal data, please refer to our Cookie Policy.
2.6.2 Managing preferences
You can manage the use of web technologies via our Cookie Policy or via your browser or device by following the manufacturer's instructions on how this is done for the respective browser or device you use.
If you do not wish for us to use certain web technologies (other than those technically required), you can object or “Opt-Out” at any time. We will comply with your objection by placing an Opt-Out cookie in your browser. Please note that for technical reasons, an Opt-Out cookie affects only the browser in which it has been installed. If you delete the cookie or use a different browser or device, you will need to opt out again.
To find out more, please visit our Cookie Policy.
2.6.3 Data transmission outside of Australia
When using web technologies, data may be transmitted to recipients outside Australia.
