Privacy and Cookie Policy

BYD INDIA PVT. LTD as well as its affiliates and subsidiaries around the globe (hereinafter referred to as “BYD”, “We” or “Our” for short) really knows the importance of privacy to you, and pays high attention to protecting your privacy. Before you visit this Website or submit your personal data, BYD reminds you to read and understand this Privacy and Cookie Policy (hereinafter referred to as this “Policy” for short). This Policy is applicable to BYD’s websites, products and services displaying this Policy or linked to this Policy. This Policy describes how BYD would process your personal data. Information about the collection of the specific data of products or services might be released by BYD in its complementary policies or in the notifications provided at the time of data collection.

Collection of Personal Data

Personal data refers to information that can be used to confirm the identity of individuals when being used separately or in combination with other information. Such data collected will be submitted to us directly by you by your decision, for example, when you are creating a BYD account or contacting us to get support; or might be obtained by us through recording how you are interacting with our websites, products or services, by using techniques such as cookie. When permitted by law, we might also obtain related data from third-party public and commercial sources. For example, we might purchase statistical data from other companies to support our services. You have the right to refuse to provide personal data. But if you refuse to provide certain personal data, you might not be able to use our products or services, or your refusal might have certain impact on your use of our products or services.

In addition, we might use your personal data for the following purposes to provide you a better service:

Functions of Our Web	Data Collected	Purpose of Collection
Quick-Support	Email ID	Support Request by Customer
News Letter	Email ID	News Updates-Sharing of PR
Test Drive	Name, Phone No., E-mail, State, City, Nearest Dealer	Generation of Lead, for Selling
Contact/Support	Name, Phone No., E-mail	Contact Request by Customer

Use of Personal Data

1. Fulfill orders; deliver, activate or authenticate products or services; make changes at your request; and provide technical support.
2. Contact you with your consent; send information about products and services that you might be interested in; invite you to participate in BYD’s promotions and market surveys; or send marketing information to you. If you don’t want to receive such information, you can unsubscribe at any time.
3. Conduct internal audits, data analyses and researches, and improve our products and services.
4. Analyze the efficiency of business operations and measure our market share.
5. Troubleshoot errors when you choose to send error details to us.
6. Synchronize, share and save the data you uploaded or downloaded as well as run the data needed for uploading and downloading.
7. Improve our loss prevention and fraud prevention programs.
8. Abide by and implement the applicable legal requirements as well as relevant industry standards or our policies. BYD might also collect and use non-identifying data. Non-identifying data refers to the data that cannot be used to determine the identity of individuals. For example, BYD might collect the aggregated statistical data, such as website traffic. The purpose of BYD collecting such data is to learn how the users use its websites, products and services, with which BYD can improve its services and better meet the needs of customers. BYD might decide at its own discretion to collect, use, process, transfer or disclose non-identifying data for other purposes. We would do our best to isolate your personal data from non-identifying data and use these two types of data separately. If personal data is mixed with non-identifying data, they will still be treated as personal data.

Cookie and Similar Technologies

Cookie

In order to ensure the normal operation of our websites, we might save small data files called cookie on computers or mobile devices from time to time. Cookie are text files saved on computers or mobile devices by network servers. The contents of cookie can only be retrieved or read by the servers that have created them. Each cookie is unique to your web browser or mobile app. A cookie usually contains identifiers, website names as well as some numbers and characters. With cookie, websites can save data about user’s preferences or items in their shopping carts. The purpose of BYD using cookie is to improve user experience, the same as that of most websites or Internet service providers. With cookie, websites can remember user’s single visits (using session cookie) or multiple visits (using permanent cookie). Meanwhile, websites can save settings, such as computer’s or mobile device’s languages, font sizes and other browsing preferences. This means that users don’t need to reconfigure their preference settings every time they visit a website. If a website doesn’t use cookie, then every time when a webpage is opened by a user, the website would see this user as a new visitor. For example, if you move to another webpage after logging in to a website, this website will not be able to recognize you, and you will be logged off again. BYD will not use cookie for any purpose other than those described in this Policy. You can manage or delete cookie based on your own preferences. For details, visit AboutCookies.org. You can clear all the cookie saved on your computer, and most web browsers provide a function to block cookie. But if you enable this function, you will need to personally change your user settings every time when you visit our websites.

Web beacons and pixel tags

In addition to cookie, we might also use other similar techniques such as web beacons and pixel tags at our websites. For example, the emails sent to you by BYD might contain clickable URLs linked to the contents on BYD websites. If you click the links, BYD would track the click to help us learn your product and service preferences and improve our customer services. Web beacons usually are a kind of transparent images embedded in websites or emails. With the pixel tags in emails, we can learn whether emails have been opened. If you don’t want your activities to be tracked this way, you can unsubscribe from BYD’s mailing list at any time. Using our websites means that you have agreed to allow us to use cookie, web beacons and pixel tags in the ways described above. When required by applicable laws or in response to legal procedures, BYD might also disclose your personal data to the relevant law enforcement agencies or other government agencies. In certain jurisdictions, if BYD is involved in reorganizations, mergers or bankruptcy and liquidation litigations, then your personal data might also be disclosed to the counterparties. BYD might also disclose your data when there is a reasonable need to do so, for example, when it is necessary to disclose your data in order to implement terms and conditions as well as when we believe it is necessary to do so in order to prevent physical damages or property losses or investigate possible or actual illegal behaviors and such disclosure is appropriate.

Sharing

We will not share your personal information with any company, organization or individual outside of BYD, except for the following circumstances:

1. Sharing with explicit consent: After obtaining your explicit consent, we might share your personal information with other parties.
2. We might share your personal information with external parties in accordance with applicable laws and regulations or according to the mandatory requirements of government authorities.
3. Sharing with our subsidiaries: We will only share the necessary personal information, and are subject to the purposes stated in this Policy. If any of our subsidiaries intents to change the purpose of using your personal information, it will ask for your permission again.
4. Sharing with our authorized partners: This is only for the purposes stated in the privacy policy. Some of our services will be provided by our authorized partners. We might share certain of your personal information with our partners in order to provide better customer services and better user experiences. For example, when you buy our products online, we must share your personal information with our logistics service provider to arrange for delivery or make arrangements for our partner to provide services. We will share your personal information only for legal, legitimate, necessary, specific and clear purposes, and will only share your personal information necessary for providing services. Our partners have no right to share your personal information for any other purpose.

Transferring

1. We will not transfer your personal information to any other company, organization or individual except for the following circumstances: transferring with your explicit consent: After obtaining your explicit consent, we may transfer your personal information to other parties;
2. In case of mergers, acquisitions or liquidation, if the transfer of personal information is involved, we will ask the new company or organization holding your personal information to continue to be bound by this privacy policy, or we will ask the said company or organization to seek your consent again.

Disclosure

1. After obtaining your explicit consent;
2. Disclosure based on applicable laws: We might publicly disclose your personal information upon the mandatory request of laws, legal procedures, litigations or government authorities.

Access or Modification to Personal Data

You should ensure that all the personal data you submitted is accurate and without error. BYD will do its best to protect the accuracy and completeness of personal data, and to update such data in a timely manner. When required by applicable laws, you might (1) have the right to access the specific personal data kept by us about you; (2) ask us to update or correct your inaccurate personal data; (3) refuse to let us use your personal data; and (4) ask us to delete your personal data. If you want to exercise related rights, please send an email to bydautoindia@byd.com to notify us. To ensure security, you might need to make a written request. If we have a reason to believe that such a request is deceptive, not doable or might compromise the privacy of others, we will refuse to process the request.

Protection of Personal Data

BYD takes the security of personal data seriously. We are taking appropriate physical, management and technical measures to protect your personal data from being accessed, disclosed, used, modified, damaged or lost without authorization.For any personal information that you might be asked to provide when you browse this Website, you are free to determine whether you want to provide it. After you have provided the information, BYD will use it to the extent permitted by law, to improve its services. Once you have submitted your personal information, it indicates that you have already understood and accepted the usage of your personal information, and that you have agreed to allow BYD to use your personal information for this specific purpose. Without your permission, BYD promises not to sell your personal information at any time and under any circumstance. However, BYD might provide certain of your personal information to the legal or government agencies at their request; or BYD might make certain of your personal information public within a scope as small as possible when it has a reason to believe that it’s necessary to do so to protect the Company, its customers or the public, and when you provide your personal information, you are supposed to have foreseen such a situation or have agreed that there might be such a situation. We will keep your personal data for the period needed to achieve the purposes described in this Policy, unless the period to keep your personal data needs to be extended or the extension is permitted by law. We will do our best to protect your personal data. But please note that none of the security measures is impeccable.

Personal Data of Minors

Our products, websites and services are mainly for adults. Without the consent of their parents or guardians, minors shall not create their own user accounts. In case that the parents agree to allow us to collect the personal data of their children, we will only use or disclose such data when permitted by law or when the parents or guardians give us an explicit consent or when it’s necessary to do so in order to protect the minors. If BYD finds that it has collected the personal data of children without getting the verifiable consent of their parents in advance, it will try to delete the data as soon as possible.

Third-party Providers and Their Services

In order to ensure a smooth browsing experience, you might receive the contents or website links provided by third parties outside of BYD and its partners (hereinafter referred to as “third parties” for short). BYD does not have control over such third parties. You can choose whether or not you want to visit the links, contents, products and services provided by third parties.BYD cannot control the privacy and data protection policies of third parties. Such third parties are not subject to this Policy. Before submitting your personal information to them, please read the privacy protection policy of those third parties for reference.

Transfer of Personal Data

BYD is a multinational company. This means that your personal data collected by BYD might be processed in countries/regions where you are using our products or services and in other countries/regions where BYD or its affiliates or subsidiaries or service providers with organizations, or accessed by people from those countries/regions. The data protection laws of those countries/regions might be different. Under such circumstances, BYD would take measures to ensure that the data collected by us will be processed in accordance with the requirements of this Policy and the applicable local laws. For example, BYD would use various legal mechanisms, including standard contract terms or would request your consent for the cross-border transfer of your personal data or adopt security measures such as data anonymization before transferring data across borders.

Your Rights

We guarantee that you can exercise the following rights to your personal information in accordance with China’s relevant laws, regulations and standards as well as the common practices of other countries and regions:

1. Access your personal information
   You have the right to access your personal information, excluding the exceptions set out in applicable laws and regulations.
2. Correct your personal information
   When you found that your personal information processed by us has errors, you have the right to ask us to make corrections. You can make an application for correction through one of the methods listed in (I) Access your personal information. If you cannot correct your personal information through the above link, you can contact us through our web form or send an email to bydautoindia@byd.com at any time. We will respond to your request for correction within 30 days.
3. Delete your personal information
   1. If our way of processing your personal information is against laws and regulations;
   2. If we are collecting or using your personal information without your consent;
   3. If our way of processing your personal information breaches our agreement with you;
   4. If you no longer use our products or services, or you have deleted your account;
   5. If we no longer provide products or services for you. If we have decided to respond to your request for deletion, we will also notify the entities obtaining your personal information from us to delete your personal information in a timely manner, unless otherwise specified in laws and regulations or these entities have obtained your authorization separately. After your information is deleted from our service, we might not immediately delete the corresponding information from our backup system, but will delete the information when updating the backup.

In principle we do not charge you for your reasonable request. But we will charge you for certain amount to offset our cost in case of repeated requests beyond the reasonable level depending on the situation. We might reject requests that are repeatedly submitted for no reason, require too many technical actions (e.g. the need for developing new systems or fundamentally changing the existing practices), bring risks to the legitimate rights of others, or are very unrealistic (e.g. involving the backup of information saved on magnetic tapes). We will not be able to respond to your request under the following circumstances due to legal requirements:

1. Your information is directly related to national security or national defense;
2. Your information is directly related to public security, public health, or major public interests;
3. Your information is directly related to the investigation, prosecution and trial of crimes as well as the enforcement of verdicts;
4. There are sufficient evidences to prove that you are ill-minded or abusing your rights;
5. Responding to your request will lead to a serious damage to the legitimate rights of yours or other individuals or organizations;
6. Your information involves business secrets

Update

BYD reserves the right to update or revise this Policy from time to time. If our Privacy Policy is changed, we will publish the latest version of the Privacy Policy and Cookie Policy here. If we have made major modifications to the Privacy Policy, we might also notify you of the modifications through different channels.

Applicable Laws

This Policy is subject to the laws of India. If you have any questions, opinions or suggestions, please contact us by sending an email to bydautoindia@byd.com. If you are not satisfied with our reply, especially if our way of processing your personal information has damaged your legitimate rights, you can seek resolution from the court at Chennai (Tamilnadu), India that has exclusive jurisdiction over the matter.