I. Introduction

BYD Cebu (doing business as “BYD Cebu”, referred to as “we”, “us”, or “our”) is an authorized BYD car dealer. We assist customers with vehicle quotations, test drive bookings, and trade-in evaluations. Our goal is to provide a smooth and transparent car buying experience for all interested clients.

II. Data Use and Processing

A. Scope

As users of BYD Cebu's Services or Website (“Data Subjects”), you acknowledge that your use thereof may involve the processing of Personal Information and Sensitive Personal information as defined in Section 3 of Republic Act No. 10173 or the Data Privacy Act of 2012 (DPA) (collectively, “Personal Data”) that you provide to BYD Cebu.

B. Personal Data We Collect

We collect Personal Data to provide our Services, to communicate with you, or to make our Services better. We collect information, including Personal Data, in three ways: if and when you provide information to us, automatically through operating our Services, and from outside sources.

Information You Provide Us

When you register for our Services, you need to provide data including your name, e-mail address, contact number, and birthdate. We may also collect information that is not personal in nature, such as relevant business-related data. When you submit such information to us, you represent and warrant that you have the authority to provide it and that any entity involved, if applicable, is legally bound by your actions.

Information We Collect Automatically

We also collect some information automatically through our Services, including:

Log Information: This includes data on the way you use our services, such as the web pages you visit, the time and date of your visit as well as your internet protocol (IP) address.
Device and browser information: This includes data on your device and browser specifications, such as the type of operating system and version, browser type, and language settings.
Location Information: This includes the approximate location of your device from your IP address and information about your precise location via geotags in images you supply.
Cookie information: This includes our use cookies and other technologies to help us identify and track visitors, usage, and access preferences for our Services.

Information We Collect from Other Sources

We may also obtain other information, including Personal Data, from third parties and combine that with information we collect through our Services.

C. How We Use Your Data

We may collect, use, disclose and/or process your Personal Data for one or more of the following purposes:

To provide our Services, including, but not limited to, setting up and maintaining your account, processing and completing transactions, providing customer service and support, , providing you with promotions, or as may be reasonably necessary to fulfil our Services.
To further develop and improve our Services, e.g., by adding new features that we think our users will enjoy or will help them use our Services more effectively;
To monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use;
To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition–for example, we may analyze how many individuals purchased a plan after receiving a marketing message or the features used by those who continue to use our Services after a certain length of time;
To monitor and prevent any problems with our Services, protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of BYD Cebu and other affiliated companies, which may result in us declining a transaction or the use of our Services;
To communicate with you, for example through an email, about offers and promotions offered by BYD Cebu and others we think will be of interest to you, solicit your feedback, or keep you up to date on BYD Cebu and our products;
To personalize your experience using our Services, provide content recommendations, target our marketing messages to groups of our users (for example, those who have a particular plan with us or have been our user for a certain length of time), and serve relevant advertisements;
To comply with the requirements of the law and legal proceedings, such as court orders and legal obligations; and
For other legitimate business purposes.

D. Sharing of Information Collected

You acknowledge that your Personal Data, which may be provided or submitted to us from time to time for the purposes stated herein, may be shared by us to enable us to perform our obligations and on the basis of our legitimate interest (“Shared Personal Data”).

Sharing with Third Parties

We may share Personal Data, including the Shared Personal Data and Other Information, with the following third parties for a business purpose:

Third-party service providers (for example, analytics providers, website management, information technology and related infrastructure provision, customer service, e-mail delivery, auditing, and other similar service providers) in order for those service providers to perform business functions on behalf of BYD Cebu;
Relevant third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings);
As required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to government requests, including public and government authorities outside your country of residence, for national security and/or law enforcement purposes.

E. Protection of Personal Data and Other Information

BYD Cebu shall take appropriate measures to prevent risks of unauthorized access to your Personal Data, the Shared Personal Data and Other Information including implementation of appropriate physical, technical and organizational measures in compliance with the requirements of applicable privacy laws and regulations. When third parties are given access to Personal Data, including the Shared Personal Data and Other Information, we will take appropriate contractual, technical and organizational measures designed to ensure that personal information is processed only to the extent that such processing is necessary, consistent with our Privacy Policy, and in accordance with applicable law.

F. Data Retention and Disposal

Your Personal Data, including the Shared Personal Data and Other Information, shall be retained only for as long as is necessary for the fulfillment of the declared, specified, and legitimate purposes provided above, or when the processing is relevant to such purposes, strictly in accordance with our records retention policy but should not exceed a period of five (5) years, unless extended by another agreement. After which, your Personal Data, including the Shared Personal Data and Other Information shall be disposed or discarded in a secure manner that would prevent further processing, unauthorized access, or disclosure to any other party or the public, or prejudice your interests.

G. Your Rights as Data Subject

The Right to be Informed – We honor your right to be informed of the purposes, scope and methods of personal data processing involved in your registration for BYD Cebu. Please note that we are constantly trying to improve and evolve the capabilities of BYD Cebu to automate the validation, verification, and processing of Personal Data. This could involve changes to the purpose, scope and method of personal data collection and processing. To this extent, we shall endeavor to inform you of any such changes and, when necessary, ask you to review and accept supplemental terms covering new programs and services.
The Right to Object - You have the right to object to the further processing and disclosure of your personal data at any time. You shall be informed of any changes to the Terms and Conditions and your consent obtained thereto, when appropriate
The Right to Suspend and/or Withdraw Consent Anytime - Whenever data processing is based on consent, you may suspend and/or withdraw your consent at any time. If you suspend and/or withdraw your consent, this will not affect the lawfulness of our collecting, using and sharing of your Personal Information up to the point in time that you withdraw your consent. Even if you suspend and/or withdraw your consent, we may still use your information if we have other lawful bases for processing (e.g., fulfillment of contractual obligations and for legitimate business interests) and such information that has been fully anonymized and does not personally identify you. Unless duly communicated to us in writing and which communication we have acknowledged, the consent you have given upon registration shall remain in full force and effect, and shall continue to authorize us to process your Personal Data, including the Shared Personal Data and Other Information, for purposes stated herein. Suspension and/or withdrawal of consent shall not be presumed from non-use of our Services for any length of time.
The Right to Access, Correction and/or Blocking - You have the right to request for a copy of any of your Personal Data processed under these Terms and Conditions. We may charge you reasonable fees to defray the costs of reproduction of the Personal Data being processed. Furthermore, you have the right to have it corrected if you think it is inaccurate or incomplete, subject to the submission of sufficient proof. You have the right to suspend, withdraw or order the blocking, removal or destruction of your Personal Data should you: (a) discover that it is incomplete, outdated, false, unlawfully obtained, used for an unauthorized purpose, no longer necessary for the abovementioned purposes; (b) withdraw your consent thereto; or, (c) discover violations of your right as a data subject.

III. ACCEPTANCE OF THE TERMS AND CONDITIONS, AND RELATED OBLIGATIONS

Acceptance of these Terms and Conditions constitutes your express consent to the collection, use, storage, disclosure, and general processing of your Personal Data by BYD Cebu for the purposes stated herein.

Your acceptance also signifies that you take full and sole responsibility over the truthfulness, accuracy, and completeness of the Personal Data you provide to BYD Cebu for the stated purposes, and you undertake to immediately notify BYD Cebu of any changes thereto. This also constitutes your express consent under the applicable confidentiality and bank secrecy laws of the Philippines and other jurisdictions.

In case of any violation or misrepresentation, you commit to defend, indemnify, and hold free and harmless BYD Cebu, its directors, officers, and employees from any and all claims, suits, liabilities, losses, costs, damages, and/or injuries that may arise from or in connection with the implementation and compliance with the authorization you have granted under these Terms and Conditions.

Contact

If you have any questions, concerns, objections about this instrument, you may contact us directly through the following:

Email Address: [email protected]