Privacy Policy

Effective from: 01-08-2022
Published at: 01-08-2022

1. Introduction

This Privacy Policy (“Policy”) provides information on the personal data processing by BYD Singapore, a subsidiary company with limited liability established under Singapore law, with its registered office at ‘47 Jalan Pemimpin, #03-04, Halcyon 2, Singapore 577200" (hereinafter individually and collectively referred to as: "BYD Singapore")

BYD Singapore is part of the global group of companies of BYD Company Limited in Shenzhen, China.

This Policy applies to all personal data processed by BYD Singapore and/or on behalf of BYD Singapore, which identifies or may identify a person (“Personal Data”). These persons involved are hereinafter collectively referred to as data subjects (“Data Subjects”).

BYD Singapore reserves the right to review and/or alter the Policy periodically, in order to comply with (local and/or Asia Pacific) legislation, and for any other purpose deemed reasonably necessary by BYD Singapore.

2. Handling of Personal Data

This Policy sets out the elements necessary for BYD Singapore 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 toward Data Subjects whose Personal Data are being processed by BYD Singapore for the purpose of producing and delivering products and services. This Policy applies to the processing of Personal Data, in which BYD Singapore acts as the data controller within the meaning of the Applicable Laws. This is the case when BYD Singapore 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 Singapore, its affiliates, and partners shall be required to keep such information confidential.

3. Personal Data

Personal Data mentioned herein and defined by BYD Singapore 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 Singapore by Data Subjects.

The categories of Personal Data BYD Singapore 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 logging ID or username.

4. Purpose and legal basis of data processing

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

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

Retention period

BYD Singapore will not use and store Personal Data longer than necessary to fulfill 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.

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 was collected. If there is a necessity or need to process Personal Data for other purposes, it shall be investigated by BYD Singapore whether the purposes of the intended data processing are compatible with the original purposes. BYD Singapore shall provide the Data Subject prior to that further processing with information on that other purpose.

6. Security of Personal Data

BYD Singapore 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 Singapore and other third parties such as BYD Singapore’s affiliates, creditors, embassies, governments, webshops (e.g. Broekman), package delivery firms (e.g. TNT/DHL), and collection agencies.

In all cases, BYD Singapore will expressly state why such information is necessary, so that Data Subjects may provide the information at their own discretion. BYD Singapore will not disclose Personal Data provided by Data Subjects to any party, other than BYD Singapore itself, without prior permission from the Data Subjects.

BYD Singapore 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 Singapore itself, and/or BYD Singapore's affiliates.

BYD Singapore 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 Singapore 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 Singapore's practice to seek appropriate protection for information in these types of transactions.

BYD Singapore may transfer Personal Data to a third country or international organizations outside of Asia Pacific, such as to China, which shall take place only in compliance with the Applicable Laws, and where appropriate safeguards are in place that ensures the level of protection of Data Subjects as required by the Applicable Laws. The Clauses are attached to the Data Processing Agreement between BYD Singapore 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 to 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 Singapore that enables Data Subjects to exercise these rights, is described below.

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

a) whether BYD Singapore 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 Singapore 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, and 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 Singapore to correct, restrict, amend, add, erase and/or transport the Personal Data. BYD Singapore 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.

BYD Singapore 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 Singapore shall not comply with such a request if it is incompatible with any legal obligations of BYD Singapore.

If a request is allowed, BYD Singapore 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.