SCOPE AND PURPOSE
This policy is applicable to the Processing of customers' Personal Data at all companies included in Volvo Car Group ("Volvo Cars" or "we"). The purpose of this policy is to provide our current, former and potential customers (jointly referred to as "customers" or "you") with a general understanding of:
• The circumstances under which we collect and process your Personal Data
• The types of Personal Data we collect
• The reasons for collecting your Personal Data
• How we handle your Personal Data
• Distribution of responsibility for the Processing of Personal Data between various legal entities at Volvo Cars, and
• Contact details for requests for rectification of Personal Data or subject access requests.
This policy is updated continuously to reflect the measures taken by Volvo Cars in relation to your Personal Data.
DATA CONTROL AT VOLVO CARS
Volvo Car Corporation (a Swedish legal entity with corporate registration number 556074-3089) is the Data Controller for research and development of new and current vehicle models, and also for certain global services offered to customers. Furthermore, Volvo Car Corporation is Data Controller for handling Personal Data processed for monitoring the quality of the vehicles and any potential safety recalls as well as to meet regulatory requirements. Each national sales company within Volvo Cars is generally responsible for marketing, sales and customer relations as well as market-specific services in its market. The national sales company is Data Controller for the Processing of Personal Data taking place for these purposes. In markets without a national sale company, an importer usually has the same responsibility as a national sale company. Therefore, the importer is the Data Controller in these instances. Volvo Cars contractually requires its dealers and repairers comply with rules concerning data protection. Note that Volvo Cars and its authorized dealers and repairers are separate legal entities, and that we are generally not responsible if such dealers and repairers do not follow applicable laws. If you have questions regarding your dealer's or repairer's use of your Personal Data, please contact the dealer or repairer directly.
PRINCIPLES OF DATA PROCESSING
The Processing of your Personal Data forms an important part of our provision of products and services to you. We appreciate the trust you place in us when providing us with your Personal Data, and consider your privacy an essential part of the services we offer. In order to safeguard your Personal Data while increasing the customer value and offering enhanced and safer driving experiences, we adhere to the following five general principles.
FREEDOM OF CHOICE
Your Personal Data belongs to you. We strive not to make any assumptions regarding your privacy preferences and aim to design our services so that you can choose whether or not to share your Personal Data with us.
BALANCE OF INTERESTS
Where the Processing of your Personal Data is necessary for the pursuit of a legitimate interest, and where this interest outweighs the need to protect your privacy, we may process certain Personal Data without obtaining your express consent if so permitted by law. In certain other situations, we may also process your Personal Data without your consent if so required in accordance with applicable law. For more information, see the "Consent" section below. Where your Personal Data is processed for the public interest, we base that on the potential benefits to (including the safety of) our customers and the general public.
Volvo Cars will only process its customers' Personal Data if it is adequate, relevant and necessary in relation to the purpose for which it has been gathered. We aim to anonymize your Personal Data when a function or service can be achieved with anonymized data. If we combine anonymized or non-Personal Data with your Personal Data, it will be treated as Personal Data for as long as it remains combined.
TRANSPARENCY AND SECURITY
Volvo Cars believes in being transparent about which Personal Data we process and for which purposes. To us it is also vital to protect your Personal Data since one of Volvo Cars' core values is to protect what is important to you. On request, Volvo Cars will provide customers with further information regarding our Processing and protection of your Personal Data.
It is Volvo Cars' policy to comply with the applicable laws, rules and regulations governing privacy and data protection in each and every country where we operate. Where necessary, we will adjust our Processing of your Personal Data as described in this policy to ensure legal compliance. The Personal Data that Volvo Cars collects about you and the vehicle will be used:
• To provide you with products and services, including to verify your eligibility for certain purchases and services as well as to offer you enhanced offers and experiences;
• To inform you of updates to, or changes in, our products and services, including but not limited to changes to our terms and conditions and policies;
• To inform you of new products, services and events;
• To provide vehicle support and services (warranty service, recall information, etc.);
• For product development purposes: for example, to improve vehicle performance, quality and safety;
• To evaluate and improve our offerings to and communication with customers;
• To comply with legal requirements or requests from lawful authorities;
• To inform you about our products and services and identify those that may be of interest to you;
• To carry out market research; and
• For purposes of analysis and customer profiling (online and social included) done by ourselves and our chosen providers.
The following terms, used throughout this policy, have the meanings set out in Regulation (EU) 2016/679 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data.
• "Data Controller" means a natural or legal person, public authority, institution or any other body which alone or jointly with others determines the purposes and means of the Processing of Personal Data.
• "Data Processor" means a natural or legal person, public authority, institution or any other body which processes Personal Data on behalf of the Data Controller.
• "Personal Data" means all information relating to an identified or identifiable physical person ("registered"). An identifiable physical person is a person who can be identified, directly or indirectly.
• "Processing" means any operation or set of operations which is performed upon Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, limitation, erasure or destruction.
In addition, Volvo Cars defines:
• "Sensitive Personal Data" as Personal Data that is likely to cause harm or particular concern to the data subject if disclosed. Examples of such data are: Specific Personal Data categories (as defined below), credit card number and other financial information about the registered person, personal ID number and location details.
• "Special Categories of Data" means Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the Processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person's sex life or sexual orientation.
You may provide us with information about you or your vehicle when utilizing Volvo Cars' services in or outside a vehicle or in other contacts with Volvo Cars, for example through our websites or customer centers (in this context, please note that phone calls may be recorded, with your consent, for quality assurance purposes). We may also obtain such data from our authorized dealers and repairers and other Third Parties. Such data ("customer-provided Personal Data") may include:
• Your contact information (name, address, telephone number, email address, etc.);
• Demographic information (age, marital status, household composition, etc.);
• Vehicle information (vehicle identification number [VIN], model, date of purchase, service history, etc.);
• Location data generated by your activities (navigation assistance, search queries, location sharing, etc.); and
• Data pertaining to your purchase and use of our products and services (customer preferences and settings, purchase history, Volvo ID, etc.). Your vehicle will also automatically collect data relating to the vehicle and its surroundings, primarily of a technical nature and not directly related to you as a person. Such data ("Vehicle-Recorded Data") is typically connected to the vehicle identification number (VIN) of the vehicle and may therefore be traceable to you. Vehicle-Recorded Data may include:
• Safety information (whether airbags or belt tensioners have been triggered, whether the doors and windows are locked or open, etc.);
• System functionality status (of the engine, throttle, steering, and brakes, etc.);
• Driving data (vehicle speed, brake and accelerator pedal use, steering wheel movement, etc.);
• Location data (the position of the vehicle in case of an accident, etc.); and
• Surroundings data (temperature outside the vehicle, images, etc.).
Information about certain Vehicle-Recorded Data is also included in the Owner's Manual. We are particularly careful and apply additional measures if and when collecting and Processing Sensitive Personal Data, as required by applicable law. For the avoidance of doubt, note that applicable law may require other kind of data to also be treated as Sensitive Personal Data.
Where reasonably practical or as required by applicable law, we will, in collecting or recording your Personal Data, provide you with (i) specific information as to the purposes of the Processing of your Personal Data, (ii) the identity of the Data Controller, (iii) the identities of any Third Parties to whom the data may be disclosed, and (iv) other information that may be necessary to ensure that you are able to safeguard your rights.
The above information may, for example, be provided when you purchase a vehicle, in the vehicle's infotainment system, in mobile applications developed by Volvo Cars, at www.volvocars.com or otherwise in an agreement which you enter into with Volvo Cars.
Where reasonably practical or as required by applicable law, we will obtain your consent prior to collecting or using your Personal Data. The request for your consent will be clear and specific and will provide you with a reasonable basis with which to make your decision. We will never take your consent for granted. Instead, we will make sure that you can actively consent in a clear and transparent manner. Your consent is voluntary and can always be revoked, for example by terminating a particular service or contacting Volvo Cars at the address indicated in the "Information and Access" section below. If you do not give your consent, it may not be possible to use services or parts of services.
COLLECTION AND PROCESSING OF PERSONAL DATA WITHOUT CONSENT
The collection and use of Vehicle-Recorded Data may be necessary in order for (i) technicians to diagnose and correct faults in vehicles during the service and maintenance of vehicles, (ii) Volvo Cars product development, for example enhancements of the vehicles' quality and safety features, (iii) managing Volvo Cars' warranty commitments and (iv) fulfillment of legal requirements. When collecting or using Vehicle-Recorded Data for these purposes, and for similar legitimate interests pursued by Volvo Cars, we will generally not seek your consent unless this is deemed necessary in the individual case or required by applicable law.
You may access applications and other services linked with the vehicle but provided by a Third Party, which may, for example, require transmission of location data and other Vehicle-Recorded Data to this Third Party. Volvo Cars is not responsible for the collection or use of Personal Data in applications or services provided by a Third Party, and recommends that you carefully review applicable terms for (and any integrity policy related to) such applications or services before you use them. If you have questions concerning a certain Third-Party use of your Personal Data, please contact the Third Party directly.
For most Processing acts, you are able to terminate our use of your Personal Data by updating your preferences, terminating a particular service, revoking your consent to the Processing by contacting Volvo Cars at the address indicated in the "Information and Access" section below or as otherwise instructed by us. However, and unless otherwise provided in applicable law, you may generally not opt out of the Processing of your Personal Data:
• In relation to certain acts of collection and further Processing of your Vehicle-Recorded Data relating to safety, quality, and product improvement;
• When we perform such Processing in order to send you important notices, such as changes to our terms and conditions and policies or in case of product recalls; and
• When we perform it in order to comply with our legal obligations.
We will only retain your Personal Data for as long as it is necessary to fulfill the purposes outlined in this policy or the purposes of which you have otherwise been informed. This means that when you have consented to our Processing of your Personal Data, we will maintain the data for as long as the customer relationship lasts (and where applicable, until the expiration of the warranty period) or until you withdraw your consent. If you decide to end your customer relationship, we will retain the data for a period of five (5) years after which your data will be deleted. If we have not received your consent for Processing, the data will only be retained to the extent we are permitted to do so by law.
When we process your Personal Data, we strive to ensure that it is correct and up to date. We attempt to delete or correct Personal Data that is incorrect or incomplete. For more information regarding your right to ensure the accuracy of your Personal Data held by us, please see the "Information and Access" section below.
INFORMATION AND ACCESS
As stated in the "Notice" section above, we may provide you with specific information concerning our Processing of your Personal Data when collecting or recording such data. Once per year you have the right to request, and receive free of charge, information on (i) what Personal Data relating to you that we process, (ii) where the Personal Data is collected, (iii) the purpose of the Processing, and (iv) the recipients or recipient categories with which the Personal Data is shared. Requests for such information must be made in writing and be signed by you personally, and include information on the name, address and ideally the email address as well. You are also entitled to request that we correct, block or delete any incorrect information related to you. Requests should be sent to the legal entity indicated
at the end of this document. Your requests will be dealt with in a prompt and proper manner. Requests to delete Personal Data will be subject to any applicable legal requirements. Where the applicable law allows for an administrative fee for complying with such a request, such a fee may be charged by Volvo Cars. In addition, you may be able to access an overview of certain customer provided Personal Data held by Volvo Cars, and correct or update your information, by logging in to the Volvo Cars consumer portal account, or a similar service offered in your local market.
Volvo Cars has taken technical and organizational measures in order to protect your Personal Data against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure
or access and any other unlawful forms of Processing.