Scope and purpose
This policy applies to the processing of customer personal data by the Proton The Apple. The purpose of this policy is to provide our current, former and potential customers (jointly referred to as “customers” or “you”) with a general understanding of:
- The circumstances under which we collect and process your personal data;
- The types of personal data we collect
- The reasons for collecting your personal data
- How we handle your personal data
- Contact details for requests for rectification of personal data or subject access requests
Principles of data processing
The processing of your personal data forms an important part of our provision of products and services to you. We appreciate the trust you place in us when providing us with your personal data, and consider your privacy an essential part of the services we offer. In order to safeguard your personal data while increasing the customer value and offering enhanced and safer driving experiences, we adhere to the following five general principles.
Freedom of choice
Your personal data belongs to you. We strive not to make any assumptions regarding your privacy preferences and aim to design our services so that you can choose whether to share your personal data with us.
Balance of interests
Where the processing of your personal data is necessary for the pursuit of a legitimate interest, and where this interest outweighs the need to protect your privacy, we may process certain personal data without obtaining your express consent. For more information, see the “Consent” section below. Where your personal data is processed for the public interest, we base that on the potential benefits to (including the safety of) our customers and the general public.
Proton The Apple endeavours to only process customer personal data that is adequate, relevant and not excessive in relation to the purpose for which it has been collected. We aim to anonymize your personal data when a function or service can be achieved with anonymized data. If we combine anonymized or non-personal data with your personal data, it will be treated as personal data for as long as it remains combined.
Transparency and security
Proton The Apple believes in being transparent about which data we process and for which purposes. To us it is also vital to protect your personal data since it is a core value of Proton The Apple to protect what is important to you. On request, Proton The Apple will provide customers with further information regarding our processing and protection of your personal data.
It is Proton The Apple’ policy to comply with the applicable laws, rules and regulations governing privacy and data protection in each and every country where we operate. Where necessary, we will adjust our processing of your personal data as described in this policy to ensure legal compliance.
The following terms, used throughout this policy, have the meanings set out in Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. Accordingly:
• “Data controller” means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data;
• “Data processor” means a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller;
• “Personal data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
• “Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; and
• “Special categories of data” means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. Volvo Cars further defines:
• “Sensitive personal data” as personal data that is likely to cause harm or particular concern to the data subject if disclosed. Examples of such data are: special categories of data (as defined above), credit card numbers and other financial information regarding the data subject, personal identification numbers and location data.
You may provide us with information about you or your vehicle when utilising Proton Cars’ services in or outside a vehicle., for example through our websites or customer centres (in this context, please note that phone calls may be recorded for quality assurance purposes). Such data (“Customer-provided personal data”) may include:
• Your contact information (name, address, telephone number, email address, etc.);
• Demographic information (age, marital status, household composition, etc.);
• Vehicle information (vehicle identification number (VIN), model, date of purchase, service history, etc.);
• Location data generated by your activities (navigation assistance, search queries, location sharing, etc.); and
• Data pertaining to your purchase and use of our products and services (customer preferences and settings, purchase history, etc.).
Your vehicle will also automatically collect data relating to the vehicle and its surroundings, primarily of a technical nature and not directly related to you as a person. Such data (“Vehicle-recorded data”) is typically connected to the vehicle identification number (VIN) of the vehicle and may therefore be traceable to you. Vehicle-recorded data may include:
• Safety information (whether airbags or belt tensioners have been triggered, whether the doors and windows are locked or open, etc.);
• System functionality status (of the engine, throttle, steering, and brakes, etc.);
• Driving data (vehicle speed, brake and accelerator pedal use, steering wheel movement, etc.);
• Location data (the position of the vehicle in case of an accident, etc.); and
• Surroundings data (temperature outside the vehicle, images, etc.).
Information about certain Vehicle-recorded data is also included in the owner’s manual. We are particularly careful and apply additional measures if and when collecting and processing sensitive personal data, as required by applicable law. For avoidance of doubt, it is noted that applicable law may require other kind of data to also be treated as sensitive personal data.
Where reasonably practical or as required by applicable law, we will, in collecting or registering your personal data, provide you with (i) specific information as to the purposes of the processing of your personal data, (ii) the identity of the data controller, (iii) the identities of any third parties to whom the data may be disclosed and (iv) other information which may be necessary to ensure that you are able to safeguard your rights. The above information may, for example, be provided when you purchase a vehicle, in the vehicle’s infotainment system, in mobile applications developed by Proton Cars.
Where reasonably practical or as required by applicable law, we will obtain your consent prior to collecting or using your personal data. The request for your consent will be clear and specific and provide you with a reasonable basis with which to make your decision. We will never assume your consent, but ensure that your will to consent is clearly expressed. Your consent could always be revoked, for example by terminating a particular service or contacting Proton Cars at the address indicated in the “Information and Access” section below.
Collection and processing of personal data without consent
The collection and use of Vehicle-recorded data may be necessary in order for (i) technicians to diagnose and rectify faults in vehicles during the service and maintenance of vehicles, (ii) Proton Cars’ product development, for example enhancements of the vehicles’ quality and safety features, (iii) managing Proton Cars’ warranty undertakings and (iv) fulfilment of legal requirements. When collecting or using Vehicle-recorded data for these purposes, and for similar legitimate interests pursued by Proton Cars, we will generally not seek your consent unless this is deemed necessary in the individual case or required by applicable law.
Allocation of responsibility of processing operations
Proton The Apple is responsible for monitoring the quality of the cars and any potential safety recalls. Each national sales company within Proton Cars is generally responsible for marketing, sales and customer relations as well as market specific services on its market. In markets without a national sale company, an importer usually has the same responsibility as a national sale company.
Third party applications
You may be able to access applications and other services connected to a vehicle but provided by a third party, which, for example, may require transfer of location data and other Vehicle-recorded data to the third party. Volvo Cars is not responsible for the collection or use of personal data in third party applications or services, and recommends that you carefully review the applicable terms and conditions of (and any privacy statement related to) such applications or services prior to use. If you have questions concerning a certain third party’s use of your personal data, please contact the third party directly.
The personal data about you and the vehicle will be used:
• To provide you with products and services, including to verify your eligibility for certain purchases and services as well as to offer you enhanced offers and experiences;
• To inform you of updates to, or changes in, our products and services, including but not limited to changes to our terms and conditions and policies;
• To inform you of new products, services and events;
• To provide vehicle support and services (warranty service, recall information, etc.);
• For product development purposes, for example to improve vehicle performance, quality and safety;
• To evaluate and improve our offering to, and communication with customers;
• To comply with legal requirements or lawful authority requests;
• To inform you about our products and services and identify those that may be of interest to you;
• To carry out market research; and
• For analysis and customer profiling purposes (online and social included) done by ourselves and our chosen suppliers.
For most processing acts, you are able to terminate our use of your personal data by updating your preferences, terminating a particular service, revoking your consent to the processing by contacting Proton The Apple at the address indicated in the “Contact Us” section or as otherwise instructed by us. However, and unless otherwise follows from applicable law, you may generally not opt out of the processing of your personal data:
• In relation to certain acts of collection and further processing of your Vehicle-recorded data relating to safety, quality and product improvement;
• Which we perform in order to send you important notices, such as changes to our terms and conditions and policies or in case of product recalls; and
• Which we perform in order to comply with our legal obligations.
We will only retain your personal data for as long as it is necessary to fulfil the purposes outlined in this policy or the purposes of which you have otherwise been informed. This means that once you have consented to our processing of your personal data, we will retain your data in accordance with the consent given and/or until you revoke your consent. If you have revoked your consent, we may nevertheless retain certain personal data for the period required in order for us to meet our legal obligations and defend ourselves in legal disputes. If we have not obtained your consent to the processing, the data will only be retained for as long as such a period of time as permitted by law.
Where we process your personal data, we strive to ensure that it is accurate and up-to-date. We will seek to erase or rectify personal data that is inaccurate or incomplete.
Proton The Apple strives to implement appropriate technical and organisational measures in order to protect your personal data against accidental or unlawful destruction, accidental loss or alteration, unauthorised disclosure or access and any other unlawful forms of processing. We aim to ensure that the level of security and the measures adopted to protect your personal data are appropriate for the risks presented by the nature and use of your personal data.
Disclosures to third parties
Proton The Apple may share your personal data:
• Between Proton of Excellence (HQ);
• With Proton of Excellence (HQ); for the purpose of distributing product and service offers and other communications to you; and
• With other business partners for the purpose of distributing product and service offers and other communications to you or for research and development purposes;
• In connection with the sale or transfer of its assets;
• As required by law, for example in connection with a government inquiry, dispute or other legal process or request; and
• When we, in good faith, believe that disclosure is necessary in order to protect our rights, for example in order to investigate potential violations of our terms and conditions or to detect, prevent or disclose fraud or other security issues.
Proton The Apple being the data controller of your personal data will, as a general rule, only disclose your personal data to a third party if it has received your consent to do so. However, we may share your personal data without your consent, unless we consider your consent necessary in the individual case or your consent is required by law, in the following situations:
• Situations in which disclosure is required by law; and
• Situations in which disclosure is necessary for the purpose of a legitimate interest (for example in order to protect our legal rights, as described above).
Data processing on our behalf
We restrict access to your personal data to Proton The Apple employees and relevant person in charge who need to use the information in order to process it on our behalf, and who are contractually required to keep your personal data secure and confidential. We aim to choose the option for data processing services that best safeguards the integrity of your personal data towards any third party.
We will not sell or trade your personal data with third parties unless we have your consent to do so. We will not share your personal data with third parties for their marketing purposes, unless we have received your consent for such disclosures. If you have provided such consent, but wish to stop receiving marketing materials from a third party, please contact that third party directly. We may provide you with information regarding new products, services, events or similar marketing activities. If you wish to unsubscribe to a particular e-mail newsletter or similar communication, please follow the instructions in the relevant communication.
Websites and cookies
In general, you can visit our websites without telling us who you are or revealing any information about yourself. In order to provide you with certain services or offers we, however, usually need you to register certain personal data, such as your name and e-mail address. Even before such registration we may collect anonymous information about how you have used our websites. This information will be helpful to us in order to improve our websites or marketing.
Proton The Apple reserves the right to amend this policy from time to time. The date of the last modification is stated at the end of this document.