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Privacy Policy

BYD Motors - Privacy Policy
Last Updated: April 26, 2023

BYD Motors, Inc. (“BYD”) is an electric vehicle, automobile, and battery manufacturer. This Privacy Policy (“Privacy Policy” or “Policy”) explains our practices regarding the collection, use, and disclosure of information that we receive through our website located at https://en.byd.com (the “Site”) and through our communications with you (collectively, the “Services”). It also serves as a way to help you understand and exercise your privacy rights. This Privacy Policy does not apply to any third-party websites, services, or applications, even if they are accessible through our Services.

Revisions to this Privacy Policy
Any information that is collected via our Services is covered by the Privacy Policy in effect at the time such information is collected. We may revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of those changes by posting them within the Services or by sending you an email or other notification, and we’ll update the “Last Updated” date above to indicate when those changes become effective.

Scope of the Privacy Policy
This Privacy Policy applies to all users of our Services including without limitation, site visitors, registered users, and anyone that reaches out to us through the Site (all such users of the Services are collectively referred to as “Users”).

Information That We Collect
This section describes the different types of “Personal Data” - information about you or that you can be used to identify you - that we may obtain.

• Information that You Provide Directly
  • Through Communicating with Us: You may provide information to us when you use the Services, including when you contact us through the Site, respond to surveys, or provide feedback about the Services. This information may include your full name, email address, phone number, address, job title, employer or company, and other information that you choose to include in communications or messages with us.
  • Subscribe to our Newsletter: We collect from you your email address if you subscribe to our newsletter.  We may periodically send you free newsletters and emails that directly promote our services and products. When you receive such promotional communications from us, you will have the opportunity to “opt-out” (by following the unsubscribe instructions provided in the email you receive.
  • Contact Information of Others: if you choose to share contact information of other individuals with us, for example if you are using a referral feature or just share someone’s information, we will collect and retain the contact information that you provide. Please only share the contact information of close friends and relations to you, or of others who have consented to such sharing of their information.
• Information Collected Automatically
  • Information Sent by Your Device: We collect certain information that your device, laptop, or other hardware device sends when you use our Services, including but not limited to IP Address, user agent information, network and connectivity information, device identifiers, advertising identifiers, language preferences, user settings, software and operating system names and versions, hardware models, as well as other information about your use of our Services.
  • Location Information: When you use our Services, we may collect and store information about your location by converting your IP address into a rough geo-location, by requesting precise location through your browser settings.
  • Information Collected Using Cookies and other Web Technologies: Like many website owners and operators, we (and our partners who assist us with marketing, analytics, User research, advertising, and User support) may utilize automated data collection tools such as cookies, web beacons, and pixel tags to collect certain information from Users of our Services. These tools are used for a variety of purposes, including but not limited to User authentication, account security, delivery and measuring of advertising, analyzing site traffic and trends, and fraud prevention. Cookies are small text files that are placed on your device by a web server when you access our Services. We may use both session cookies and persistent cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. You have choices related to whether you want to accept (see the Your Choices section below). Please note, however, that if you don’t accept cookies, you may not be able to access all portions or features of the Services. Web beacons (also known as web bugs, pixel tags, or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the device, Web Beacons are typically embedded invisibly on web pages (or in an email).  Note when we used the defined term “Cookies” in this Privacy Policy, we are referring collectively to cookies, pixel tags, beacons, and similar tracking technologies. Our use of Cookies falls into the following general categories:
    • Necessary Cookies: We use this type of Cookie to run our site, and to identify and prevent security risks. For instance, we may use these cookies to store your session information to prevent others from changing your password without your username and password.
    • Performance Cookies: We use this type of Cookie to collect information about how you use our site, monitor site performance, and improve our site performance, our services, and your experience. For example, we can use these Cookies to learn more about which features are the most popular with our Users and which ones might need some tweaks.
    • Preference Cookies: We use this type of Cookie to remember your settings and preferences, and to improve your experience on our site.  For instance, we may use these Cookies to remember your language preferences.
    • Marketing Cookies: We use this type of Cookie to deliver advertisements, to make them more relevant and meaningful to consumers, and to track the efficiency of our advertising campaigns, both on our services and on other sites or mobile apps.
  • Interaction Data: We also collect information relating to the actions that you perform while you navigate and interact with the site.
• Information from Third Parties
  We may also obtain information about Users from third parties, including but not limited to affiliates, joint marketing partners, lead providers, fraud and risk mitigation vendors, and identify verification services.

How We Use the Information
Our primary goals in collecting information are to provide and improve our Site and Services, to customize content and the Services for you, to administer your use of the Services, and to enable you to enjoy and easily navigate our Site and Services. We will use your Personal Data for the following purposes:

• Providing our Services, including to communicate with you, and provide customer support in relation to the Services;
• Resolving disputes, responding to inquiries, collecting and processing payments fees (as applicable) and troubleshooting problems;
• Managing our everyday business needs, including, but not limited to the following activities: auditing, administration of the Services, forum management, fulfillment, analytics, fraud prevention, identify verification, and enforcement of our Terms and Conditions, or to comply with applicable laws or regulations;
• Customizing your experience and otherwise measuring and improving our content and Services;
• Sending you relevant emails and communications (including keeping you informed about our products, offerings, and any promotional offers) that might be of interest to you.  (In the event that we use your Personal Data to market to you, you will be able to opt-out of such uses);
• Enforcing our agreements, terms, conditions, and policies, and sending you notices and alerts;
• Better understanding our Users’ interests, behaviors, and demographics;
• Short-term, transient use, such as contextual customization of ads;
• Auditing relating to interactions, transactions and other compliance activities, and;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

We may use Personal Data and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, de-identified information about the device from which you access our Services.

We may also use your information for any other purpose disclosed to you at the time we collect or receive your information, or otherwise with your consent. Any communication or material you transmit to us via e-mail or otherwise, including any data, questions, comments, chats, phone calls, suggestions or the like (though excluding your Personal Data) will be treated as non-confidential and non-proprietary.

Information that We Share with Third Parties
We may share information you provide us, including your Personal Data, with third parties, in the types of scenarios, and for the types of reasons described in this section.

• Services Providers and Business Partners: We may engage third-party service providers to help us administer, provide, and improve the Services, including but not limited to the following types of partners: web hosting providers, cloud hosting providers, fraud detection services, fulfillment service providers, and customer support partners. These third-party services providers will have access to your Personal Data for the purpose of performing services on our behalf. For example, we may share your Personal Data with a cloud hosting provider (for example, Amazon Web Services) as part of our utilization of their hosting services.
• At Your Request: We may share information about you with third parties in the event that you request we do so, for example. Similarly, we may share information about you with companies offering complimentary services, promotions, or offers through our Site our Services, if you request, or consent, that we share your information.
• Other Third Parties: We may share de-identified or aggregated data we collect from the use of the Services, including but not limited to de-identified or aggregated: transaction information, location information, information about the computer or device from which you access the Services, market trends, and other analysis that we create based on the information we receive from you and other Users.
• Our Subsidiaries and Affiliates: We share information with our corporate subsidiaries and affiliates, including parent and holding companies, for our administrative purposes, including activities such as IT management, auditing, marketing, and compliance, and for them to provide services to you or support and supplement the Services we provide.
• BYD Dealers: We share information with BYD Dealers for sales, leasing, and customer service purposes, such as responding to quote requests, vehicle diagnosis, maintenance and repair, scheduling service appointments, and contacting you and providing the requested services.
• With Your Consent: There may be other circumstances where we will notify you of information that we seek to share with a third party not listed here and will do so with your consent.
• Information Shared with Web Analytics Services Providers: We use Google Analytics, a service provided by Google, Inc. (“Google”), to gather information about how Users engage with our Site and Services. For more information about Google Analytics, please visit this page. You can opt out of Google’s collection and processing of data generated by your use of the Services by going here.
• Information Disclosed in Connection with Business Transactions: If we are acquired by a third party as a result of a transaction such as a merger, acquisition, or asset sale, or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your Personal Data, may be disclosed or transferred to a third party acquirer in connection with the transaction.
• Information Disclosed for Our Protection and the Protection of Others: We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.
• With Advertising Partners and Social Media. Your Personal Data may be shared with certain advertising partners who conduct or assist us with marketing, as well as advertising and social media partners who we allow to place cookies (or similar technology) in our Services as necessary to their provision of various services, including but not limited to ad attribution, ad placement, audience measurement, social sharing, and site analytics.

Your Privacy Rights
Based upon the laws that apply in your jurisdiction, you may have some or all of the following rights related to your privacy and Personal Data. Please note that for each of the rights below we may have valid legal reasons to refuse your request. In such instances we will let you know if that is the case. To inquire about or to exercise any of these rights, you may contact us at privacy@byd.com. We will process such requests in accordance with applicable laws.

• Access: the right to access Personal Data about you, including: (i) confirming whether we are processing your Personal Data; (ii) obtaining access to or a copy of your Personal Data; and (iii) receiving an electronic copy of Personal Data that you have provided to us, or asking us to send that information to another company (the “right of data portability”);
• Correction: the right to request correction of your Personal Data where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your Personal Data;
• Deletion: the right to request deletion of your Personal Data;
• Objection: the right to request restriction of or object to our processing of your Personal Data; and
• Withdraw Consent: the right to withdraw your consent to our processing of your Personal Data.

Your Choices
We offer you choices regarding the collection, use and sharing of your Personal Data and we’ll respect the choices you make. Please note that if you decide not to provide us with the Personal Data that we request, you may not be able to access all of the features of the Services

• Opt-Out of our Mailings: We may periodically send you free newsletters and emails that directly promote our Services. When you receive such promotional communications from us, you will have the opportunity to “opt-out” (by following the unsubscribe instructions provided in the email you receive). We do need to send you certain communications regarding the Services and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms and Conditions or this Privacy Policy or information about billing.
• Cookie and Ad Tracking Choices: You can opt out of the collection and use of your information for ad targeting by going here or here to limit collection through the Site, by configuring the settings on your browser, or by using cookie blocking extensions in your browser (such as Privacy Badger or Ghostery).
• Modifying Your Information: You can access and modify the Personal Data associated with your account by sending an email to privacy@byd.com. If you want us to delete your Personal Data or your account, please contact us at privacy@byd.com with your request. We’ll take steps to delete your information as soon as we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.
• Non-Affiliate Marketing: We do not currently share Personal Data with third parties seeking to market their own products or services to our Users, unless you indicate to us your consent for such sharing.
• Additional Choices: As discussed below, additional choices may be available to you under local laws and regulations You can learn about those choices in the specific privacy notices contained below in this Privacy Policy.

Responding to Do Not Track Signals
Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. Our Site does not currently have the capability to respond to “Do Not Track” signals received from various web browsers. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.

The Security of Your Information
We take reasonable administrative, physical, and electronic measures designed to protect the information that we collect from or about you (including your Personal Data) from unauthorized access, use or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL or other technologies. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.

Data Retention
We retain Personal Data for as long as necessary to provide the services, information, or transactions you have requested, to comply with our legal obligations, to resolve disputes, to enforce our agreements, and to conduct other legitimate and lawful business purposes. Because these needs can vary for different data types in the context of different inquiry and products, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations. Your right to request deletion of your data is addressed in various places in this Privacy Policy.

Links to Other Sites
Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Links within our Site to a Third-party Site are not an endorsement of that Third-party site by BYD or BYD personnel. Any information that you provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy, or security practices and policies of any Third-party Service. To protect your information, we recommend that you carefully review the privacy policies of all Third-party Services that you access.

Location and Transfer of Personal Data
In principle, the Personal Data we collect is stored in the United States. However, we are a global company, and we operate internationally. Your Personal Data may be transferred to us in countries other than your place of residence or in which the Personal Data was originally collected for processing and storage. For example, your Personal Data may be transferred to our headquarters in China. We comply with Applicable data protection laws on the transfer of Personal Data between countries to help ensure your Personal Data is protected as described in this Privacy Policy, wherever it may be. We may rely on various legal grounds to collect, use, transfer, and otherwise process your Personal Data, including: your consent; that the Personal Data is necessary for providing our website to you; to comply with a legal obligation; to protect your, or someone else’s vital interests; or for a legitimate interest that is balanced against your rights and interests.

Our Policy Toward Children
Our Services are not directed to children under 16, and we do not knowingly collect Personal Data from children under 16. If we learn that we have collected Personal Data of a child under 16, we will take steps to delete such information from our files as soon as possible.

Privacy Notice for California Residents
If you are a California resident, you have certain additional privacy rights under the California Privacy Rights Act of 2020 (“CPRA”). Those rights are all discussed in this Privacy Notice for California Residents section of our broader Privacy Policy.

• Your Rights Under the California Privacy Rights Act
  The following rights (in this section) are available to California residents.
  • Right to request disclosure of information collected. You have the right to request details on the specific Personal Data we’ve collected about you during the past 12 months. We provide detailed information about the types of information we collect throughout this broader Privacy Policy, but you may also contact us directly to inquire about your Personal Data specifically, as described in this Privacy Notice for California Residents section.
  • Right to request disclosure of information shared or sold.  First, we do not sell your Personal Data (or “personal information,” as used in the CPRA) within the meaning of the CPRA. That said, we do share certain data about some of our Users with service providers. This sharing is outlined in this broader Privacy Policy, as well as below. And you do have the right under CPRA to contact us at any time, as described in the section below, to request this information from us.
  • Right to opt out of selling your Personal Data.  As stated above, we do not sell your Personal Data within the meaning of the CPRA. That said, in the event that we ever do choose to sell data to third parties, we will provide a method to allow our Users to opt out of that selling, in accordance with California law.
  • Right to request deletion of data.  You have the right to request deletion of your data, unless an exception applies. Examples of exceptions include when we need to keep data to meet legal obligations, detect fraud, investigate reports of abuse or other Terms and Conditions violations, or fix security issues. Additionally, an exception would apply if we would be unable to provide the services that you signed up for without the data, in which case, you are free to request account deletion and cease use of the services. See more about this throughout the broader Privacy Policy. Once we’ve verified your request, we’ll delete your Personal Data (unless an exception applies) and will direct our service providers to do the same.
  • Timely response. You have the right to make two free requests in any 12-month period. We will respond to your request within 45 days, and in more difficult cases we may extend our response time by another 45 days.
  • Non-discrimination. You are entitled to exercise the rights described above free from discrimination. We will not discriminate against you because you exercise your rights. For example, we will not deny you any goods or services, charge you a different price, or provide a different level or quality of goods or services just because you exercised your rights under the CPRA.
• Contacting Us (CPRA Purpose)
  To make any inquiries, request, or exercise any of your rights granted under the California Privacy Rights Act, you can contact us by email at privacy@byd.com, or call 213-748-3980. Please state whether you are a California resident in that communication. We may need to go through a few verification steps after you reach out, but we’ll help you through that. If you are a resident of California, an authorized agent may make a verifiable consumer rights request related to your personal information. If you are an authorized agent making a request on behalf of a consumer, you must provide us with signed permission by the consumer that you are authorized to act on behalf of that consumer. If you are a legal entity, you must also provide us with documentation of your registration with the California Secretary of State
• Information We Collect (CPRA Required Disclosure)
  As we address throughout this Privacy Policy, we collect Personal Data for a range of purposes, though primarily to allow us to provide and improve our services. In the last twelve months, we have collected the following types of Personal Data about our Users. In some cases, the data is provided directly by Users. In other cases, it was provided by third parties, or obtained through User interaction with our services.
  • Identifiers, such as your name, email address, IP address, username, or other similar identifiers. We primarily use these identifiers to maintain the security of our services and communicate with you.
  • Customer records information, such as a telephone number. We primarily use these types of information to communicate with you. (This category under CPRA overlaps with other categories.)
  • Internet or other electronic network activity information, such as session logs, search history, information about your interaction with a website, application, or advertisement. We primarily use this type of information to help understand how our services are performing for them, as well as to improve our own understanding of our services.
  • Geolocation information, such as your IP address which provides a rough approximation of location. We use this data primarily to understand where Users are accessing the services, and in some cases to provide more relevant advertising.
  • Professional or employment-related information, such as your job title or employer, if you provide it to us. We primarily use this information to understand our Users and for marketing purposes.
• Information Sharing (CPRA Disclosure)
  In the past 12 months, we’ve disclosed the above categories of information for business purposes, or at your direction, with our service providers, affiliates, and other third parties. For instance, we share Personal Data about our Users with our data hosting and storage providers. For more details, please refer to the section above entitled Information That We Share with Third Parties. We have agreements with our service providers which limit their ability to use your information.
• Updates to this CPRA Section of the Privacy Notice for California Residents
  We will update this Notice every 12 months and let you know when we’ve made updates, consistent with our Privacy Policy.

Privacy Questions
We know issues of privacy and data protection are complex. But we’re here to help in any way we can. So please contact us, via email (below) if you have any questions about your Personal Data, our data practices, or this Privacy Policy.

BYD Motors, Inc.
888 E Walnut St., Suite 200A
Pasadena, CA 91101
privacy@byd.com
213-748-3980