Privacy Statement

INTRODUCTION

Brightstone Trading Limited takes the safeguarding of personal data very seriously. This policy describes how Brightstone Trading Limited meets its obligations under the General Data Protection Regulation in relation to the processing of personal data.

Brightstone Trading Limited acts as the holding company for a number of subsidiary companies that operate motor dealerships in Ireland (the Group). The Group consists of:

Kitale Limited trading as Bright Ford, Bright Ford Airside, Bright Ford Rialto and Bright Ford Phibsborough

Fitzpatrick Motors (Bray) Limited trading as Bright Ford Bray

Avanacar Limited trading as Bright SEAT, Bright CUPRA, Bright Suzuki and Bright Citroen

Aircom VW Limited trading as Bright Volkswagen Commercial Vehicles

Bright Hyundai Limited trading as Bright Hyundai

This statement describes what types of information we collect from you, how it is used by us, how we share it with others, how long we keep your information for, your rights, how you can manage the information we hold and how you can contact us.

We require and use your information in order to fulfil and deliver services associated to your vehicle and its maintenance. As a business we sometimes communicate product information, offers and services; however, we will only do this if you have already given us the appropriate permission. We will not send you unsolicited ‘junk’ email or communications, or share your data with anyone else unless we have your specific permission to do so. We do not sell your information to third parties, but we do work with closely selected partners who help us to provide you with the information, products and services that you request from us.

The contents of this statement may change from time to time so you may wish to check the latest statement page occasionally to ensure you are still happy to share your information with us. The latest version can be found on our website http://www.brightmotorgroup.ie/privacy.

The data protection declaration of Brightstone Trading Limited is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

1. Definitions:

In this data protection declaration and in our privacy statements, we use, among others, the following terms:

Automated Decision-Making (ADM): When a decision is made which is based solely on Automated Processing (including profiling) which produces legal effects or significantly affects an individual. The GDPR prohibits Automated Decision-Making (unless certain conditions are met) but not Automated Processing.

Automated Processing: Any form of automated processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that individual's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. Profiling is an example of Automated Processing.

Consent: Agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject's wishes by which they, by a statement or by a clear positive action, signifies agreement to the Processing of Personal Data relating to them.

Data Controller: The person or organisation that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with the GDPR. We are the Data Controller of all Personal Data relating to Brightstone Trading Limited Personnel and Personal Data used in our business for our own commercial purposes.

Data Processor: Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Data Subject: A living, identified or identifiable individual about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.

Recipient: Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

Third party: Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

Data Privacy Impact Assessment (DPIA): Tools and assessments used to identify and reduce risks of a data processing activity. DPIA can be carried out as part of Privacy by Design and should be conducted for all major system or business change programs involving the Processing of Personal Data.

Data Protection Compliance Officer (DPCO): All enquiries on data protection matters should be directed to our DPCO by emailing privacy@brightmotorgroup.ie

EEA: All EU member states, and Iceland, Liechtenstein and Norway.

Explicit Consent: Consent which requires a very clear and specific statement (that is, not just action).

General Data Protection Regulation (GDPR): the General Data Protection Regulation ((EU) 2016/679). Personal Data is subject to the legal safeguards specified in the GDPR.

Personal Data: Any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Sensitive Personal Data and Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person's actions or behaviour.

Personal Data Breach: Any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach.

Privacy by Design: Implementing appropriate technical and organisational measures in an effective manner to ensure compliance with the GDPR.

Privacy Notices (also referred to as Fair Processing Notices) or Privacy Policies: Separate notices setting out information that may be provided to Data Subjects when Brightstone Trading Limited Personnel collect information about them. These notices may take the form of general privacy statements applicable to a specific group of individuals (for example, employee privacy notices or the website privacy policy) or they may be stand-alone, one time privacy statements covering Processing related to a specific purpose.

Processing or Process: Any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.

Pseudonymisation or Pseudonymised: Replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person, to whom the data relates, cannot be identified without the use of additional information which is meant to be kept separately and secure.

Sensitive Personal Data: Information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data, and Personal Data relating to criminal offences and convictions.

Brightstone Trading Limited Personnel: All employees, workers, contractors, agency workers, consultants, directors, and others.

2. Introduction

This Policy sets out how Brightstone Trading Limited ("we", "our", "us") handle the Personal Data of our members, suppliers, employees, workers and other third parties.

This Data Protection Policy applies to all Personal Data we Process regardless of the media on which that data is stored or whether it relates to past or present employees, workers, members or supplier contacts, website users or any other Data Subject.

3. We collect information in the following ways:

Information you give us, about you and your vehicle when you engage with Brightstone Trading Limited Personnel, or via our websites and applications. We only collect information which is necessary, relevant and adequate for the purpose you are providing it for.

Information we get from your use of our services or service providers. We collect information about you or your vehicle when you use our website, applications and contact our customer care centre. Some of this information does not identify you personally, but provides us with information about how you use our services and engage with us (we use this information to improve our services and make them more useful to you).

The information we collect includes some or all of the following:

1. Name (including title);

2. Address including Eircode;

3. Phone number;

4. Date of birth (only where and if strictly necessary);

5. Email address;

6. Vehicle information (including registration number, VIN, service reminders, mileage and warranty-covered repair information);

7. The date and time you used our services;

8. The pages you visited on our website and how long you visited us for;

9. Your IP address;

10. Your GPS location (where you have permitted access to this and only if relevant);

11. The internet browser and devices you are using;

12. Cookie, Pixels or Beacon information (for more information please see our Cookies policy);

13. The website from which you accessed our website;

14. Details of any transactions between you and us including detailed financial information relating to that transaction.

15. Where you engage with us in a business context, we may collect your job title, company contact details (including email addresses), fleet size and company details;

16. Voice recordings of calls you make to our customer service centres;

17. “Live chat” records;

18. Any information within correspondence you send to us; and

19. CCTV in our premises.

4. How do we use this information?

Brightstone Trading Limited will only process information that is necessary for the purpose for which it has been collected.

If you do not provide us with the information we require, relevant and appropriate to the reason for which we request it, this may prevent you from fully availing of our services.

We may use the personal data we gather for any or all of the following purposes:

5. How do we share this information?

We may, where applicable and if relevant, disclose your information to companies or organisations to which we pass the responsibility to handle services on our behalf such as roadside assistance, customer contact centres, mobility and car hire providers, direct marketing communications agencies and consultants, market research or market analytics providers, legal and other professional advisors.

We will also share your information with Distributors and Manufacturers in situations where we need to pass your information to them to manage any request you have made of us.

We ensure that any third-party partners who handle your information comply with data protection legislation and protect your information just as we do. We only disclose personal information that is necessary for them to provide the service that they are undertaking on our behalf. We will aim to anonymise your information or use aggregated none specific data sets wherever possible.

Your data will not be passed to any third-party for their own independent marketing purposes.

Due to the international nature of our business, there may be some instances where your information is processed or stored outside of the EU. In those instances, we will ensure that appropriate safeguards are in place for that transfer and storage as required by applicable law.

There are circumstances where we share your information with other companies within our Group in order to fulfil orders, transactions or provide you with a service or information that you have requested. For example our centralised Group Sales Administration and Group Accounts departments.

6. How long do we keep your information for?

When we collect your personal information, the length of time we retain it is determined by a number of factors including the purpose for which we use that information and our obligations under other laws.

We do not retain personal information in an identifiable format for longer than is necessary.

We may need your information to establish, bring or defend legal claims. In these cases, we will always retain your personal information for 6 years after the date it is no longer needed by us for any other purposes listed under “How do we use your personal information”.

The only exceptions to this are where:

• the law requires us to hold your personal information for a longer period, or delete it sooner;
• you exercise your right to have the information erased and we do not need to hold it in connection with any of the reasons permitted or required under the law.

7. What are your Rights?

You have a number of rights in relation to your personal information under data protection law. In relation to most rights, we will ask you for information to confirm your identity and, where applicable, to help us search for your personal information. Except in rare cases, we will respond to you within one month after we have received any request.

a) Right of confirmation

You have the right to obtain from the controller the confirmation as to whether or not personal data which concerns you is being processed. Should you wish to avail of this right of confirmation, you may, at any time, contact our Privacy Officer.

b) Right of access

You have the right to obtain from the controller free information about your personal data stored at any time and a copy of such information. Should you wish to avail of this right of access, you may, at any time, contact our Privacy Officer.

c) Right to rectification

You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data which concerns you. Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Should you wish to exercise this right to rectification, you may, at any time, contact our Privacy Officer.

d) Right to erasure (Right to be forgotten)

You have the right to request from the controller the erasure of personal data which concerns you without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• The customer withdraws consent to which the processing is based and where there is no other legal ground for the processing.
• The customer objects to the processing and there are no overriding legitimate grounds for the processing.
• The personal data has been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

If one of the aforesaid reasons applies, and you wish to request the erasure of personal data stored by Brightstone Trading Limited or a Distributor or Manufacturer, you may, at any time, contact our Privacy Officer, who shall promptly ensure that the erasure request is complied with immediately.

e) Right of restriction of processing

You have the right to request from the controller restriction of processing where one of the following applies:

• The accuracy of the personal data is contested by the customer, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful and the customer opposes the erasure of the personal data and requests instead the restriction of their use instead.
• The controller no longer needs the personal data for the purposes of the processing, but they are required by the customer for the establishment, exercise or defence of legal claims.
• The customer has objected to processing, pending the verification whether the legitimate grounds of the controller override those of the customer.

If one of the aforementioned conditions is met, and you wish to request the restriction of the processing of personal data stored by Brightstone Trading Limited or a Distributor or Manufacturer, you may at, any time contact our Privacy Officer, who will arrange the restriction of the processing.

f) Right to data portability

You have the right to receive the personal data which concerns you, which was provided to a controller, in a structured, commonly used and machine-readable format. In order to assert the right to data portability, you may at any time contact our Privacy Officer.

g) Right to object

You have the right to object, on grounds relating to your particular situation, at any time, to processing of personal data which concerns you, which is based on public interest or in the legitimate interest of the Controller. This also applies to profiling based on these provisions.

Brightstone Trading Limited shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the customer, or for the establishment, exercise or defence of legal claims.

If Brightstone Trading Limited processes personal data for direct marketing purposes, you have the right to object at any time to processing of personal data which concerns you for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If you object to Brightstone Trading Limited to the processing for direct marketing purposes, Brightstone Trading Limited will no longer process the personal data for these purposes.

In addition, you have the right, on grounds relating to your particular situation, to object to processing of personal data which concerns you by Brightstone Trading Limited for scientific or historical research purposes, or for statistical purposes, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, you may directly contact our Privacy Officer.

h) Automated individual decision-making, including profiling

As a responsible company, we do not use automatic decision-making or profiling.

Each customer shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the customer and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the customer's rights and freedoms and legitimate interests, or (3) is not based on the customer's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the customer and a data controller, or (2) it is based on the customer's explicit consent, Brightstone Trading Limited shall implement suitable measures to safeguard the customer's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the customer wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact our Privacy Officer.

i) Right to withdraw data protection consent

You have the right to withdraw your consent to the processing of your personal data at any time. Should you wish to exercise the right to withdraw the consent, you may at any time directly contact our Privacy Officer.

j) Right to lodge a complaint

Brightstone Trading Limited aims to resolve all queries or complaints that you may have. If you have any specific data protection concerns or a complaint, you can address it to our Data Protection Officer at privacy@brightmotorgroup.ie or contact us at the address and telephone numbers below.

If we cannot resolve your query, you have the right to contact the Office of the Data Protection Commissioner by using the details below:

Data Protection Commissioner

Canal House

Station Road

Portarlington

R32 AP23 Co. Laois

Telephone: +353 (0)761 104 8000

Telephone: +353 (0)57 868 4800

Email: info@dataprotection.ie

LoCall Number: 1890 252 231

Fax: +353 57 868 4757

Information about Brightstone Trading Limited:

Company registration number 274417,

VAT registration number IE4690180R

Registered office is at 305 North Circular Road, Phibsborough, Dublin 7 – D07 VX4K.

Name and Address of the controller

The Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Brightstone Trading Limited

305 North Circular Road,

Phibsborough,

Dublin 7 – D07 VX4K

Phone: + 353 1 838 9947

Email: privacy@brightmotorgroup.ie

Website: http://www.brightmotorgroup.ie

Name and Address of the Privacy Officer

Any data subject may, at any time, contact our Privacy Officer directly with all questions and suggestions concerning data protection.

All enquiries on data protection matters should be directed to our Privacy Officer, who can be contacted at the address above or by emailing:

Email: privacy@brightmotorgroup.ie