Website legal text LCE
Lotus Cars Europe B.V. is a "controller". This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
Lotus Cars Europe B.V.
Johan Huizingalaan 400a, Amsterdam
2. Collecting and processing your personal data
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
· Identity data such as first name, middle name, last name, username or similar identifier, title.
· Contact data such as billing address, delivery address, postal/ zip code, email address and telephone numbers.
· Financial data such as payment method, bank account information, payment card details and/or other payment information to process payments in connection with your orders.
· Transaction data such as purchases or orders made by you and details about payments to and from you and other details of products you have purchased from us.
· Location data such as your real time location information we may establish through GPS signals.
· Technical data such as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
· Communication or interaction data such as your requests for information, calls, emails, in-person communications, feedbacks, survey responses, appointments, and test drives.
· Profile data such as your username and password, third-party platform accounts and your preferences.
· Usage data such as information about how you use our website, products and services.
· Marketing data including your preferences in receiving marketing from us and your communication preferences, your current vehicle information and preferred vehicle information.
Special categories of personal data is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, information about your health, and genetic and biometric data. We do not, via the website, collect any special categories of personal data about you. Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
· Direct interactions. You may give us your data by filling in forms on our website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
· apply for our products/events/job opportunities;
· create an account on our website;
· subscribe to our publications;
· request marketing to be sent to you;
· enter a competition, promotion or survey; or
· give us feedback or contact us (and we may record all calls made to or from our customer service telephone number).
4. How we use your personal data
In the list below we set out further information about the purposes for which we use your personal data and the legal basis we rely on for its use. Note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data:
- Register you as a new customer;
- Communicate with you, including:
- To respond to your inquires and fulfil your requests;
- To process your job application;
- To enable you to partake in a prize draw, competition or complete a survey
- To make suggestions and recommendations to you about goods or services that may be of interest to you.
- Fulfil our products and services, including:
- To complete your purchase, request for services and/or product leasing or financing;
- To process and deliver your order including managing payments, fees and charges, and collecting and recovering money owed to us;
- To process, assist and provide related customer support.
- Administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).
- Deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.
- Improve our website, products/services, marketing, customer relationships and experiences.
- Comply with legal obligations, law enforcement, and other government requests permitted under applicable laws.
5. Legal basis for the use of personal data
a. Consent: If you have given your consent to process your personal data, this is the legal basis for processing (Art. 6 (1a) GDPR).
b. Contract: For processing personal data for the purpose of establishing or fulfilling a contract with you, art. 6 (1b) GDPR is the legal basis.
c. Legal requirement: If we are required to process your personal data in order to comply with our legal obligations (e.g. for the storage of data), we are authorized to do so in accordance with Art. 6 (1c) GDPR.
d. Legitimate interest: In addition, we process personal data to fulfil our legitimate interests and the legitimate interests of third parties according to art. 6 paragraph (1f) GDPR. Maintaining the functionality of our IT systems, the (direct) marketing for our own products and services (as far as this is not done with your consent) and those of third parties and the legally required documentation of business contacts are examples of such legitimate interests. In considering these interests, we shall in particular take into account the type of personal data, the purpose of the processing, the circumstances of the processing and your concern for the preservation of the confidentiality of your personal data.
You will receive marketing communications from us if you have requested information from us or purchased goods from us and you have opted in to receiving that marketing.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
6. Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes set out in section 4 above.
· IT service providers, providing system administration, hosting and support services;
· Third party analytics companies;
· Payment service providers, such as [STRIPE];
· Third party customer support services;
· Third party product and service suppliers;
· Our delivery partners;
· LOTUS group companies;
· Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;
7. Data security
We have put in place appropriate security measures such as encryption technologies and authentication systems in line with the current state of the art to protection and maintain the security of your personal data.
We will make our best efforts to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Overseas transfers
· We will transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data;
· We may use specific contracts or agreements approved for use which contain appropriate safeguards for such data transfers.
9. Your legal rights
a. As a person involved in data processing, you have the right to be informed (art. 15 GDPR), rectified (art. 16 GDPR), forgotten (art. 17 GDPR), restricted processing (art. 18 GDPR) and data portability (art. 20 GDPR).
b. If you have given us permission to process your personal data, you have the right to revoke your permission at any time. The lawfulness of the processing of your personal data up to the point of revocation shall not be affected by the revocation. The further processing of this data on another legal basis, e.g. for the fulfilment of legal obligations, also remains unaffected.
c. You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data pursuant to Art. 6 (1e) GDPR (data processing in the public interest) or Art. 6 (1f) GDPR (data processing based on the evaluation of interests). If you object, we will only continue to process your personal data if we can demonstrate compelling legitimate grounds that override your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal rights. If we process your personal data to carry out direct marketing activities for the protection of legitimate interests based on a balancing of interests, you also have the right to object at any time without giving any reasons.
d. We request that you make your objections or declarations, if possible, known via the contact address email@example.com.
e. If you think that the processing of your personal data violates legal provisions, you have the right to object to a competent data protection supervisory authority (Art. 77 GDPR).
If you subscribe to a newsletter offered on our website, the data provided at the time of registration will only be used for sending the newsletter, unless you have agreed to any further use. You may cancel your subscription at any time by using the unsubscribe option in the newsletter.
11. Contact us
Version: April 2022