Privacy Statement

VOLKSWAGEN GROUP IRELAND LIMITED

(TRADING AS SEAT IRELAND, CUPRA IRELAND)

AND
SPIRIT MOTOR GROUP LIMITED (IE005050C)

JOINT PRIVACY STATEMENT

General

Volkswagen Group Ireland Limited (“VGIE”), and the company mentioned above, a retailer in VGIE’s authorised network (“Retailer”) are committed to protecting and respecting your personal information.

VGIE’s trading divisions include Volkswagen Ireland, AUDI Ireland, SEAT Ireland, ŠKODA Ireland, CUPRA Ireland and Volkswagen Commercial Vehicles Ireland.

In this statement we refer to VGIE and the Retailer collectively as “we”, “us” or “our”, as applicable.

From time to time, we receive contact details and other personal information about you from our group companies and other third parties (“Partners”) where your recent activities or your vehicle information indicates that you may be interested in hearing from a Retailer or where you have made a sales enquiry, expressed an interest in hearing from the Retailer or have provided your consent for your information to be shared with a Retailer for follow up contact purposes (“Enquiries”). Please see Schedule 1 for further information regarding our Partners.

This statement describes the relationship between VGIE and the Retailer and their data protection responsibilities in connection with personal information that is received by VGIE and the Retailer in relation to your Enquiries. This statement also describes what types of information we receive about you, how it is used by us, how we share the information with others, how you can manage the information we hold and how you can contact us.

For the purposes of data protection laws, VGIE and the Retailer are “joint controllers” of the processing of your personal information described in this statement. This means that these businesses work together to decide why and how your personal information is processed. It also means that they are jointly responsible to you under the law for that processing.

Not all processing of your personal information is performed by us acting as joint controllers. VGIE makes decisions regarding certain processing of your personal information independently of the Retailer, for which VGIE is solely responsible. Similarly, the Retailer makes decisions for certain processing of your personal information independently of VGIE for which the Retailer is solely responsible.

Please visit the website of the relevant business using the table below to find out more about processing for which each business makes decisions independently of the other.

On-board fuel consumption monitoring (OBFCMs)

We are obliged under European union law to collect certain data from your vehicle regarding CO2 emissions. We will collect this data and the VIN of your vehicle and transfer it to the manufacturer of your vehicle, unless you tell us not to. The Manufacturer is obliged under EU law to report this data to the European Commission for the purpose of monitoring CO2 emissions from vehicles. We will delete this data once it is transferred to the Manufacturer.

You can find out more at www.dealer.ie/obfcm

RETAILER

 
VGIE

The contents of this statement may change from time to time so you may wish to check this page occasionally to ensure you are still happy to share your information with us. Where possible, we will also contact you directly to notify you of any substantial changes.

This version of our Privacy Statement is live from October 2020.

1. What are the processing roles of VGIE and the Retailer?

VGIE and the Retailer have different roles in connection with the processing of your information. In brief, the Retailer uses the information to deal with your Enquiries and VGIE uses the information to monitor, manage and analyse the Retailer’s handling of your Enquiry.

The Retailer is the business that has primary responsibility for the day-to-day handling of your personal information as it receives and deals with your Enquiries and has direct contact with you. As a result, it is responsible for areas that closely relate to its interactions with you such as:

• responding to your queries and requests when you exercise your data protection rights;

• making sure it has the legal grounds in place to contact you and for making sure it respects your objections in respect of any contact; and

• managing your consent and keeping records of when you provide and withdraw that consent.

VGIE monitors, manages and analyses how the Retailer deals with your Enquiries. Often this does not involve having any direct access to your personal information and except in rare cases, VGIE will not have any direct contact with you in connection with these activities. VGIE also is responsible for providing the system that stores and manages your personal information which is accessed by the Retailer. As a result, it is responsible for areas that relate to the provision of the system that facilitates the processing your personal information, which includes:

• engaging and managing the supplier of the system that stores your information;

• implementing security measures on that system; and

• setting and implementing retention periods that apply to your information.

2. What information do we receive?

We receive information about you and your vehicle. We only accept and retain information, which is necessary, relevant and adequate for the purposes we use that information.

We receive information about you and your vehicle from the manufacturer of your vehicle and other Partners.
The information we receive includes some or all of the following:

1. Name (including title);
2. Address;
3. Email address;
4. Vehicle information (including registration number, VIN, service reminders, mileage and warranty repair information);
5. Information relating to you Enquiries, including the time/date and source of your Enquiry; and
6. Any information contained in correspondence you send to us relating to this statement.

We also process information about you that we create when recording our interactions with you. For example, the Retailer may create notes about its communications with you and our systems may create reports containing statistics and analysis regarding the Retailer’s handling of your Enquiries. VGIE may have access to this information.

We may also create personal information about you when corresponding with you.

3. How do we use this information?

VGIE and the Retailer will only process information that is necessary for the purpose for which it has been received. You will always have the option not to receive marketing communications from us (and you can withdraw your consent or object at any time). We will never send you unsolicited ‘junk’ email or communications or share your personal information with anyone else who might.
There are various ways in which we may use or process your personal information. We list these below:

There are various ways in which we may use or process your personal information. We list these below:

Contractual performance
We may use and process your personal information where your Enquiry is a pre-contract enquiry in anticipation of entering into a contract (and where we have not requested your express consent).

Consent
Where you have provided your consent, we may use and process your information to contact you, manage and resolve your Enquiry in line with that consent.
You can withdraw your consent at any time by contacting the Retailer in the first instance. Please see further How can I manage the information we hold about you?


Legitimate Interests

We may use and process your personal information as set out below where it is necessary for us to carry out activities for which it is in our legitimate interests as a business to do so.

Processing necessary for us to support customers with sales and other Enquiries

1. To contact you, manage and resolve your Enquiry other than in the circumstances described above;
2. To receive, and respond to, correspondence you send to us, including in relation to any complaints or general queries;


Processing necessary for us to respond to understanding our customers’ needs

3. To analyse, evaluate and improve our products and services so that your visit and use of our website, applications, customer service centre and authorised retailers are more useful and enjoyable (we will generally use data amalgamated from many people so that it does not identify you personally);

Processing necessary for us to assess and respond to complaints, claims and regulators

4. To respond to queries, complaints or claims and to manage legal and regulatory requests and requirements;
5. To enforce or protect our legal rights or to establish, bring or defend legal claims;


Processing necessary for us to operate the administrative and technical aspects of our business efficiently and effectively

6. To monitor, manage and analyse how we handle your Enquiries, including to measure the performance of Retailers and their staff;
7. To verify the accuracy of information that we hold about you and create a better understanding of you as a prospective customer;
8. To contact you if the Retailer closes, moves premises or is replaced;
9. For network and information security purposes i.e. in order for us to take steps to protect your information against loss, damage, theft or unauthorised access;
10. To detect and prevent fraud or other criminal activities;
11. To comply with a request from you in connection with the exercise of your rights (for example where you have asked us not to contact you for marketing purposes, we will keep a record of this on our suppression lists in order to be able to comply with your request);
12. To inform you of updates to our terms and conditions and policies.


Legal Obligation
We may process your personal information to comply with our legal or regulatory requirements (for example where we are required to disclose this information under a court order).

Vital Interest
Sometimes we will need to process your personal information to contact you if there is an urgent safety or product recall notice and we need to tell you about it.

4. How do we share this information?

We do not sell your information to third parties, but we do work closely with our Partners and other suppliers which may involve disclosing your information to them.

As joint controllers, VGIE and the Retailer may share your information between them to ensure that your Enquiries, and any related complaints are managed and resolved effectively and efficiently. Your information may also be shared with other retailers in VGIE’s authorised network where appropriate, for example, where a retailer is no longer authorised or where it ceases to trade.

We do not sell your information to third parties. However, we may from time to time disclose your information to the following categories of companies or organisations to which we pass the responsibility to handle services on our behalf and which may include our group companies: customer contact centres, IT service providers, lead management service providers, analytics service providers and our legal and other professional advisors.

We will also share your personal information if we have a duty to do so, e.g. in connection with a mandatory requirement from an authorised authority, regulatory body or court, or to enforce or protect our legal rights or to establish, bring or defend legal claims.

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

We take steps to 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 nonspecific data sets wherever possible.

How long do we keep your information for?
We will not hold your personal information in an identifiable format for any longer than is necessary. Although exceptions apply, we usually hold this information for 90 days after your Enquiry is marked as closed on our systems. The Retailer may continue to retain and use this information, but it will do so independently of its arrangement with VGIE based on its own privacy statement that it provides to you.

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

In most circumstances we hold your personal information for 90 days after the date your Enquiry has been resolved and marked as such on our systems. Where your Enquiry has led you to have an ongoing relationship with the Retailer, the Retailer may continue to retain and use this information, but it will do so independently of its arrangement with VGIE described in this statement. Any processing that the Retailer carries out will be based on its own privacy statement that it provides to you.

The only exceptions to the periods mentioned above are where:

• the law requires us to hold your personal information for a longer period, or delete it sooner;
• you have raised a legal claim, complaint or concern regarding a product or service offered by us, in which case we will retain your information for a period of 6 years following the date of that complaint or query; or
• you exercise your right to have the information erased (where it applies) and we do not need to hold it in connection with any of the reasons permitted or required under the law (see further How can I manage the information we hold about you?);

How can I manage the information we hold about you?
You have the right as an individual to access your personal information we hold about you and make corrections if necessary. You also have the right to withdraw any consent you have previously given us and ask us to erase information we hold about you. You can also object to us using your personal information (where we rely on our business interests to process and use your personal information).

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 1 month after we have received any request (including any identification documents requested).

You have the right to:
1. Ask for a copy of the information that we hold about you;
2. Correct and update your information;
3. Withdraw your consent (where we rely on it). Please see further How do we use this information;
4. Object to our use of your information (where we rely on our legitimate interests to use your personal information) provided we do not have any continuing lawful reason to continue to use and process the information. When we do rely on our legitimate interests to use your personal information for direct marketing, we will always comply with your right to object;
5. Erase your information (or restrict the use of it), provided we do not have any continuing lawful reason to continue to use and process that information;
6. Transfer your information in a structured data file (in a commonly used and machine-readable format), where we rely on your consent to use and process your personal information or need to process it in connection with your contract.
If you wish to exercise the above rights and/or manage your information, please contact the Retailer in the first instance using the details below:

By post: Data Compliance Officer
Rowan Avenue
Stillorgan Industrial Park
Sandyford
Co. Dublin A94 H322
By email: dco@ohm.ie
By phone: +353 (0) 1 2163666

If you wish to contact VGIE, you can do so in the following ways:
By post: Privacy Team Volkswagen Group Ireland Ltd
Block C
Liffey Valley Office Campus
Dublin D22 CF60
By email: privacy@vwgi.ie

If you have any other data protection concerns or complaints, you can address them to our Data Protection Team at privacy@vwgi.ie.
If you are unhappy, you have the right to lodge a complaint with a data protection regulator in Europe, in particular in a country you work or live or where your legal rights have been infringed. The contact details for the Data Protection Commission, the data protection regulator in the Republic of Ireland, are below:

The contact details for the Data Protection Commission, the data protection regulator in the Republic of Ireland, are below:
Post: Data Protection Commission
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