PRIVACY POLICY

BMW Group of companies (“we” or “us”) take your privacy very seriously. We ask that you read this privacy policy carefully as it contains important information about what to expect when we collect personal information about you and how we will use your personal data.

We have designated the following individual as our representative to ensure compliance with applicable data privacy laws and regulations:

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1. PERSONAL DATA COLLECTED BY DEALERS

a. Dealers, unless stated otherwise, are independent businesses and not part of the BMW Group, but operate using the BMW brand under licence to sell and service BMW vehicles or BMW parts.


b. Although this Privacy Policy describes some of the uses of your information made by Dealers, Dealers may collect other information relating to you and have their own privacy policies that set out how they use information which you should consult. You must liaise directly with the Dealer in respect of any such changes or questions relating to their use of your information.
 

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2. PERSONAL DATA WE MAY COLLECT ABOUT YOU

a. We may obtain personal data about you (such as your name, date of birth, gender, nationality, contact details, credit card information, purchases of products and services, payment information, financial details (e.g. income, expenses and/or credit history), employment details (e.g. occupation, directorships and other positions held, employment history, salary and/or benefits), your interests, reviews and opinions, marketing preferences, location, answers to your security questions) and information related to your queries or requests, both online and off-line.
 

b. We may collect additional personal data about you that you provide arising out of or in connection with activities or transactions with us, such as participation in certain meetings and events, participation in social media offerings (such as signing up through our Facebook or Instagram pages), use of our mobile applications. The additional information that we collect depends on the nature of activity or transaction or how you are interacting with us, both online and off-line.
 

c. For example, we will obtain your personal data when you register to use the website, send us feedback, post material, contact us for any reason, sign up for a service, enter a competition, purchase goods or services.
 

d. We may monitor your use of this website through the use of cookies and similar tracking devices. For example, we may monitor the pages you visit, how many times you visited how you arrive at our websites, the type of internet browser you are using, your IP address, traffic data, location data and the originating domain name of a user’s internet service provider. This information helps us build a profile of our users. Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually. Please see “Use of Cookies” section below.
 

e. Occasionally we may receive information about you from other sources (e.g. credit reference agencies, our business partners such as our authorized vehicle distributor, organizers of events which you participated, third parties authorized by you) which we will add to the information that we already hold about you for the purposes set out in “How We Use Your Personal Data” section.
 

f. If you are under 18, please do not provide us with any of your information unless you have the permission of your parent or guardian to do so.

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3. HOW WE USE YOUR PERSONAL DATA

We will use your personal data for the purposes described in the privacy notice that was given to you at the time your data were obtained. These purposes may include:

  • To help us identify you and any accounts you hold with us
  • To fulfil your request of rendering goods or services which you sign up for by providing us with your information
  • Administration
  • Research, statistical analysis and behavioral preferences
  • Customer profiling and analyzing your purchasing preference
  • Marketing – please see “Marketing and Opting Out” section below
  • Prevention and detection of fraud and criminal activities
  • Billing and order fulfillment
  • Credit scoring and credit checking – please see “Credit Checking” section below
  • Customizing our website and its contents to your particular preferences
  • To improve the content and security of our website
  • To notify you of any changes to this website or to our goods or services which may affect you
  • Security vetting
  • To develop new products and services
  • To improve our products and services
  • Where the use is necessary to enter into or perform our contract with you
  • Where the use is necessary to comply with our legal obligations
  • Where the use is necessary in the national interest
  • Where the use is necessary for any investigation or legal proceedings
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4. MONITORING

We may monitor and record communication with you (such as telephone conversations, emails, online chatting platform) for the purposes of fulfilling your requests, quality assurance, training, fraud prevention and compliance of applicable laws and regulations.

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5. MARKETING AND OPTING OUT

We may share your personal data with organizations which are our business partners (such as our authorized dealers, service providers, consultants, advisers) and we or they may contact you (unless you have asked us or them not to do so) by mail, telephone, SMS, text/picture/video message, fax, email, etc. about our products, services, promotions, special offers, charitable causes which may be of interest to you. If you prefer not to receive any further direct marketing communications from us or our business partners, you can opt out at any time. Please see further at “Your Rights” section below.

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6. DISCLOSURE OF YOUR PERSONAL DATA

a. We may disclose your personal data to the following third parties (whether located within or outside of Nepal) for the purposes set out in “How We Use Your Personal Data” section above:

  • Other companies within our BMW Group
  • Our authorized dealers, importers and distributors
  • Our agents and service providers (e.g. providers of web hosting or maintenance services, marketing/advertising agencies, )
  • Credit reference agents – please see “Credit Checking” section below
  • Law enforcement agencies in connection with any investigation to help prevent unlawful activity
  • Government authorities, regulatory agencies, statutory boards, government officials, industry associations, legal process participants such as our legal advisers, courts, or other alternative dispute forums
  • Our business partners in accordance with the “Marketing and Opting Out” section above
  • Any third party in connection with any proposed or actual changes in our business structure or ownership of all or any portion of our businesses, assets or stocks
     

b. Our website may contain links to third party websites (e.g. dealer’s website, advertiser’s websites) which are not controlled by us and not controlled by this Privacy Policy. You are responsible for reviewing the privacy policies of all such third parties before disclosing your personal data to them, whether directly or indirectly.

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7. CREDIT CHECKING

To enable us and other companies in our group to make credit decisions about you and other members of your household and for fraud prevention, anti-corruption and money laundering purposes, we may search files of credit reference and fraud prevention agencies (who will record the search). We may disclose information about how you conduct your account to such agencies and your information may be linked to records relating to other people living in the same address with whom you are financially linked. Other credit grantors may use this information to make credit decisions about you and the people with whom you are financially associated, as well as for fraud prevention, debtor tracing and money laundering purposes.

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8. OVERSEAS TRANSFER

To the fullest extent permissible by applicable data privacy laws and regulations, the information you provide may be transferred to a country out of Nepal that may not have similar protections in place regarding your personal data and restrictions on its use as set out in this Privacy Policy. These countries include the places where our BMW Group companies have business operations. Regardless, we will take steps to ensure adequate protections which ensure the security and integrity of your information. By submitting your information, you consent to these transfers for the purposes set out in “How We Use Your Personal Data” section above.

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9. KEEPING YOUR DATA SECURE

a. We will use technical and organizational measures to safeguard your personal data, for example:

  • Access to your account is protected by password and username which are unique to you
  • We store your personal data on secured servers
  • Only authorized personnel are allowed access to personal data, and they may only access it for permitted business functions
  • We use technology to protect your personal data, such as encrypting sensitive data being transferred to or from our systems and using firewalls to help prevent unauthorized access to information.
     

b. Whilst we will use all reasonable efforts to safeguard your personal data, please be aware that the use of the Internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data which is transferred from you or to you via the Internet.

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10. HOW LONG WE KEEP YOUR PERSONAL DATA FOR

We shall cease to retain your personal data if the purpose for which that personal data was collected is no longer being served by retention of the personal data, or retention of such personal data is no longer necessary for our business or legal purposes.

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11. INFORMATION ABOUT OTHER INDIVIDUALS

If you give us information on behalf of someone else, you confirm that the other person has appointed you to act on his/her behalf and has agreed that you can:

  • Give consent on his/her behalf to the processing of his or her personal data
  • Receive on his/her behalf any privacy notices
  • Give consent to the transfer of his/her personal data abroad
  • Give consent to the processing of his or her sensitive data, e.g. health information
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12. USE OF COOKIES

a. When you visit our website, we may assign your computer one or more “cookies”. By accessing our website, you agree that we can use cookies and similar internet technologies mentioned herein on your device.
 

b. A cookie is a small text file which is placed on your computer (or other electronic devise) when you access our website. Cookies are not personally identifiable by themselves, but they can be linked to the personal data you provide to us.
 

c. In additional to cookies, we may also use other internet technologies such as pixel tags and other similar technologies to deliver or communicate with cookies and track your use of our website. We also may include similar technologies in email messages or newsletters to determine whether messages have been opened and acted upon, and how. The information we obtain in this manner enables us to customize the services we offer and measure the overall effectiveness of our online content, advertising campaigns, and the products and services we offer.
 

d. We use cookies and other online tracking services on the website to:

  • Keep track of the items stored in your shopping basket and your purchase information, and take you through the checkout process
  • Recognize you whenever you visit this website (this speeds up your access to the site as you do not have to log on each time)
  • Detect your browser’s capabilities
  • Obtain information about your preferences, online movements and use of the internet
  • Carry out research and statistical analysis to help improve our content, products and services and to help us better understand our visitor/customer requirements and interests
  • Target our marketing and advertising campaigns and those of our partners more effectively by providing interest-based advertisements that are personalized to your interest and usage patterns
  • Track advertisements displayed to you
  • Make your online experience more efficient and enjoyable
     

e. We will work with third parties such as analytics firms and business partners (for example, Google, Facebook, Twitter, You Tube, Adobe Flashplayer) who may also set cookies on our website. Such third parties may use cookies and other technologies (including Google Analytics, Adobe Analytics) to collect information about your online activities while you are on our website. This information may be used to measure usage of our website and personalize advertising content on our website. These third parties are responsible for the cookies they set on our site, and we do not have access to or control over cookies or other features these third parties may use. The information practices of these third parties are not covered by this Privacy Policy, so please refer to the privacy policies of those third parties if you require further information.
 

f. In most cases we will need your consent in order to use cookies on this website. The exception is where the cookie is essential in order for us to provide you with a service you have requested (e.g. to enable you to put items in your shopping basket and use our check-out process).
 

g. If you visit our website when your browser is set to accept cookies, we will interpret this as an indication that you consent to our use of cookies and other similar technologies as described in this Privacy Policy. If you change your mind in the future about letting us use cookies, you can modify the settings of your computer to reject cookies or disable cookies completely. If you do this, please be aware that you may lose some of the functionality of this website.
 

h. For more details on how Google Analytics functions, please refer to Google’s privacy policy. If you do not want to use the remarketing feature from Google, you can disable it by changing the appropriate settings at http://www.google.com/settings/ads.

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13. YOUR RIGHTS

a. You have the right to request access to personal data which we may process about you. Where permitted by applicable laws and regulations, we may charge an administrative fee of S$10. Please note that subject to the applicable laws and regulations, not all information that we have collected may be available for review. If you wish to exercise this right you should:

  • Put your request in writing by downloading and filling up the following
  • Access Request Form
  • Include proof of your identity and address (for example, full name with your mobile number or VIN if you are a BMW customer)
  • Attach a cheque made payable to BMW Asia Pte Ltd (for customers of BMW Asia Pte Ltd) or BMW Financial Services (S) Pte Ltd (for customers of BMW Financial Services Nepal Pte Ltd) for an amount being the current processing fee charged (if your request does not fall under the purview of European Union General Data Protection Regulation).
  • Specify the personal data you want access to including any account or reference numbers where applicable.
     

b. You have the right to require us to correct any inaccuracies in your data free of charge. If you wish to exercise this right you should:

  • Put your request in writing by downloading and filling up the following Correction of Personal Data Request Form
  • Provide us with enough information to identify you (e.g. account number, username, registration details, with the irrelevant personal information redacted)
  • Specify the information which is incorrect or outdated and what it should be replaced with

c. You also have the right to ask us to stop processing your personal data for certain purposes. Please note that if you withdraw your consent for a limited purpose (such as for marketing or a specific category of marketing), we may still contact you or use your information for other purposes for which you have not withdrawn your consent. If you wish to exercise this right you should:

  • Put your request in writing by downloading and filling up the following Withdrawal of Consent Request Form
  • Provide us with enough information to identify you (e.g. account number, username, registration details)
     

d. If your objection is not to direct marketing in general, but to direct marketing by a particular channel (e.g. email or telephone), please specify the channel to which you are objecting.

e. Your exercise of these rights is subject to certain exemptions pursuant to the applicable data privacy laws and regulations. Upon receiving and verifying your request, we shall endeavor to respond to your request within thirty (30) days. In the event we need more time to verify and fulfill your request, we shall inform you of the additional time needed via the contact information you provided in the respective Request Form.

14. PROCESSING UNDER THE PURVIEW OF EU GDPR

We are committed to respecting your rights as a data subject if the processing of your personal data falls under the purview of European Union General Data Protection Regulations (EU GDPR). In such instance, please take note of the following:

  • Automated decision-making: If automated decision-making technologies are used to help us in the processing of personal data, you have the right to have a human involved in this process, to express your point of view, and to contest the decision. You may also enquire whether the processing of your personal data was done by automated decision-making. You may do so by using the method in “Our Contact Details” section below.
  • Data portability, restricting data processing, data erasure: if you would like to request that we provide a copy of your information to you or restrict processing of your information or erase it, please contact us using the “Our Contact Details” section below.
  • Complaints to supervisory authority: You have the right to lodge a complaint with a supervisory authority of the European Union or European Economic Area according to that authority’s rules and procedures.
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15. YOUR CONSENT

By submitting your personal information you consent to the use of that information as set out in this Privacy Policy.

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16. CHANGES TO PRIVACY POLICY

We may change this Privacy Policy from time to time. You should check this Privacy Policy periodically to ensure that you are aware of the most recent version which will apply each time you access this website. Your continued use of our website and acceptance of our services after any changes to this Privacy Policy constitutes your consent to any such changes.

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