BMW PRIVACY POLICY

References in this policy to “BMW Group Ireland”, “we” or “us” are references to all of the companies above. These are all registered at this address:

     Swift Square
     Santry Demesne
     Santry
     Dublin
     D09 R802

With the exception of “BMW AG”, which is registered at Petuelring 130, 80788 Munich, Germany.

What the BMW Group companies do:

BMW Group Ireland provides services through a number of different parties in Ireland.

BMW Ireland coordinates the BMW and MINI business in Ireland:

• BMW Ireland is an importer and distributor of the BMW Group’s brands, of BMW and MINI motor cars and BMW motorcycles in Ireland. BMW Ireland operates under the following trading styles: BMW, MINI, BMW i and BMW Motorrad (motorcycles)
• It is the Irish national sales and marketing company for the BMW Group and:
• Appoints Retailers (BMW, MINI and BMW Motorrad Centres) and agents;
  Deals with technical issues and provides support to Retailers; and
  Operates the BMW & MINI digital systems and services.

BMW FS Ireland is a financial services company:

• BMW FS Ireland provides regulated and unregulated motor finance products, services, and associated general insurance products to customers in Ireland through Retailers of BMW Group products and non-BMW Group motor dealerships and independent credit brokers. BMW FS Ireland operates under the following trading styles: BMW Financial Services Ireland, and Alphera. BMW FS is authorised and regulated by the Central Bank of Ireland.

BMW AG

• Manufactures BMW Group automobiles and motorcycles and also provides other mobility-related products and services.

Retailers or Retail Centres

• Unless stated otherwise, are independent businesses and not part of BMW Group Ireland.
• They operate using the BMW brands under license to sell and/or service vehicles.
• They provide services to customers and support for technical issues.
• They undertake credit broking and insurance mediation activities; and
• They are not covered by this policy and are referenced here to provide additional clarity regarding your personal information.

BMW as Data Controllers and our responsibilities:
BMW Ireland is responsible for, and is the Data Controller of your personal information that it receives through all BMW websites (e.g. BMW.ie, MINI.ie), MyBMW or MINI accounts, ConnectedDrive and MINI Connected Services (Connected Services).

BMW FS Ireland is the Data Controller of the information which is used to grant and provide finance to you.

Ultimately, BMW AG is the parent company of BMW Group  and provides much of the IT infrastructure through the other above mentioned companies.

BMW AG is in addition the Data Controller for information received through the usage of the Connected App as well as a joint Data Controller for the technical provision of Connected Services.

For more information on our Connected Services visit:

• ConnectedDrive visit www.bmw-connecteddrive.ie
• MINIConnected visit www.mini.ie/en_IE/shop/ls/cp/connected-drive

Contact details of each of the Data Controllers listed above and their Data Protection Officers can be found here.

Retail Centres
Although this Privacy Policy describes some of the uses of your information made by BMW, MINI and BMW Motorrad Centres, they may collect other information relating to you. Each BMW, MINI and BMW Motorrad Retail Centre is a Data Controller in relation to the information it processes for its own purposes. Their privacy policies will set out how they use your information.  If you have any queries regarding the use of your information by BMW, MINI and BMW Motorrad Centres please contact them directly or visit the privacy policy on their website.

Changes to this Privacy Policy:
We may modify or update this privacy policy from time to time.

If we change this privacy policy, we will notify you of the changes by publishing an updated policy on this website. Where changes to this privacy policy will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise any rights you may have (e.g. to object to the processing).

How do we collect your personal information?

These are the main ways we collect your information:

•  If you contact us directly via our websites or via our customer hotlines to request information about our products and services.
• If you buy a product or service directly from us (e.g. Lifestyle shops).
• If you reply to our direct marketing campaigns (e.g. filling out a response card).
• If your contact details are transferred from authorised centres or other third parties.
• If your vehicle data (incl. vehicle identification number) is transferred to BMW AG while you are having your vehicle serviced or repaired.
• If other BMW Group legal entities or business partners transfer your personal data to us.
• If we acquired your personal data from other sources, for example social media sites.
• When you apply for finance from BMW FS Ireland or from the retailers or credit intermediaries.

If you give information on behalf of someone else you must ensure that you have their permission and that they have been provided with this Privacy Policy before doing so.

If you are under 16 please do not provide us with any of your information unless you have the permission of your parent or guardian.

Please help us to keep your information up to date by informing us of any changes to your contact details or privacy preferences. You may change or review your preferences by clicking here.

What information may be collected about you?

The following types of personal information about you may be collected:

Contact Details

• Name
• Address
• Phone numbers
• Email address

Interests

• Information you provide us about your interests
• Including the type of vehicles you are interested in

Website and Communication Usage

• How you use our website and whether you open or forward our communications, including information collected through cookies and other tracking technologies (our Cookies Policy).
• Identifiers assigned to your computer or other internet connected device including your Internet Protocol (IP) address and vehicle details.

Sales and Services Information

• Relating to purchases and services, including complaints and claims.

Credit and Anti-Fraud Information (BMW FS Ireland only)

• Which establishes your identity, such as driving licences, passports and utility bills
• Information about transactions, requests for credit and non-payment of debts with us and third parties and credit ratings from credit reference agencies
• Fraud, offences, suspicious transactions, politically exposed person and sanctions lists where your details are included.
• Employment history
• Address history
• Bank details
• BMW FS Ireland may also ask you to provide information about your health if it becomes aware of a condition that might affect your ability to repay the finance without difficulty

Device and Service Usage

• How you use your device (mobile or vehicle) and services offered on the device.

Vehicle Configuration Details

• Information about the features and current settings of your vehicle (identified by the Vehicle Identification Number).

Vehicle Technical Information

• About how the engine and systems within the vehicle perform.

Vehicle / Device Location Information

• Your vehicle’s or mobile device’s location.

How your personal information may be used?

Use of personal information under UK data protection laws must be justified under one of a number of legal grounds and we are required to set out the grounds in respect of each use in this policy. An explanation of the scope of the grounds available can be found below.

The main uses of your information are:

Customer Support and Marketing - to respond to enquiries and to bring you news and offers.
BMW Ireland and BMW FS use your personal data for customer care and for personalised communications of BMW Group Ireland product and service information, with your consent where necessary. For these purposes, BMW Ireland and BMW FS may transmit this data to authorised Retailers and other BMW Group companies.
In order to ensure that you receive relevant and personalised communications, we will use some of your data to create an individual customer profile and we may share your personal data between BMW Group Ireland companies, authorised BMW or MINI Retailers and other suppliers of BMW or MINI branded products and services where relevant. This may include data you have provided to these companies, or which is generated by your use of BMW or MINI products, for example contact details, preferences, customer history, vehicle data, app usage and online behaviour.

If you have a finance agreement with BMW FS they may pass on your agreement details (term, monthly payment, rate, mileage, final payment, and agreement number and vehicle details) to the retailer who sold your vehicle to you to discuss your end of contract options, and if you have consented, we can discuss any future financing with BMW FS. They may also provide BMW Ireland with your contact details and the start and end dates of your agreement so they can send you news on products and services which may interest you.
 

Vehicle Sales & Service – to process your sale, configure and service your vehicle

BMW, MINI & BMW Motorrad Centres will obtain Contact Details, Vehicle Configuration Details, Vehicle Technical Information and Sales and Services Information when you purchase, service or repair a vehicle from or with them as part of the sale or service and will use it to provide the services you request and notify you of issues in relation to your vehicle. This information may be accessed by BMW Ireland, BMW FS and BMW AG to troubleshoot technical or other issues relating to the delivery of these services.

The above-mentioned controllers may also receive limited Vehicle Location Information during the repair process which will be used only in accordance with Location Information Safeguards. For more information on Location Information Safeguards click here.

Vehicle Finance – to assess your eligibility for finance to comply with contractual obligations and for legitimate interest.  We use information to meet our legitimate interests.  For example to ensure that the services function correctly, to prevent fraud and money laundering and to ensure that your records are accurate and up to date.

When you apply for finance from BMW FS you must provide certain personal information. BMW FS will share the information with Credit Reference and Fraud Prevention Agencies to help us decide whether to offer you finance. Using information about you in this way is necessary for BMW FS to make this decision and if you do not provide it to BMW FS, they may not be able to offer you finance. Your information will be used by BMW FS and these agencies as follows:

• BMW FS Ireland will check records about you and others held by them and by Credit Reference and Fraud Prevention agencies, for example to assess your application for credit and verify identities to prevent and detect crime and money laundering. The Credit Reference Agencies will place a search footprint on your credit file that may be seen by other lenders. They will supply public information (for example information held on the electoral register) as well as shared credit and fraud prevention information. The Fraud Prevention Agencies will use your personal information to prevent fraud and money-laundering and to verify your identity.
• If you are making a joint application or if you advise BMW FS Ireland of a director or that you have a spouse or financial associate, they will link your records together so you must be sure that you have their agreement to disclose information about them. Credit Reference Agencies also link your records together and these links will remain on your and their files until such a time as you, a director or your partner successfully files for a disassociation with the Credit Reference Agencies to break that link.
• If you are an owner, director or partner in a small business, we may also check on your business.
• If you give BMW FS Ireland false or inaccurate information or BMW FS suspect or identifies fraud, they will record this and may also pass on the information to Fraud Prevention Agencies and other organisations involved in crime prevention. Law enforcement agencies may also access and use this information. If fraud is detected, you could be refused certain services, finance or employment.
• BMW FS Ireland and other organisations may access and use from other countries the information recorded by Fraud Prevention Agencies, which may be publicly available sources.
• Your data may also be used for other purposes for which you give your permission or, in limited circumstances, when required by law or where permitted under the terms of relevant data protection and privacy law.

If you would like full details about how your information will be used by us, Credit Reference Agencies and Fraud Prevention Agencies, including details of your rights in relation to your information, or you would like to obtain contact details of the Credit Reference, please visit: www.centralcreditregister.ie and www.vision-net.ie; and for Fraud Prevention Agencies please: visit www.crif.ie  and www.isi.gov.ie

BMW FS uses the following credit reference agencies and they can be contacted in the following ways:

• Central Credit Register, Central Bank of Ireland North Wall Quay, North Dock, Dublin D01 F7X3 +353 1 224 6000
• Vision-Net Ireland 3^rd Floor, Adelphi Plaza, Georges’s Street Upper, Dun Laoghaire, Dublin A96 T927

BMW FS uses the following Fraud Prevention Agencies, and they can be contacted in the following ways:

• CRIF Ireland Ltd. First Floor, Block E, Adelphi Plaza, Georges’s Street Upper, Dun Laoghaire, Dublin A96 T927
• Insolvency Service of Ireland +353 1 764 4200 Block 2, Phoenix House, Conyngham Road, Dublin

Fraud Prevention Agencies can hold your personal data for different periods of time, and if you are considered to pose a fraud or money laundering risk, your data can be held for up to 6 years.  A record of any fraud or money laundering risk will be retained by the Fraud Prevention Agencies and may result in others refusing to provide services or financing to you.  If you have any questions about this, please contact the Fraud Prevention Agencies on the details above.

BMW FS Ireland uses automated decision-making tools to help it to decide whether to offer you finance. Based on the information you provide us; we will compare this against different metrics to determine whether you meet the eligibility criteria for finance or to determine whether you will be able to make repayments on a vehicle without difficulty. If your application for finance is rejected using automated means alone, you will be given the opportunity to ask for the decision to be reviewed manually. This does not mean that the decision will be changed.

BMW FS does not share credit and anti-fraud information with Retail Centres, BMW Ireland or BMW AG.

BMW FS will also use your personal information to manage its contractual obligations and to enforce its rights under the finance agreement. For example, if you fall into arrears or break any other term of the agreement, BMW FS may pass on your details to a debt collection agency for the purpose of collecting the debt or to a vehicle recovery agent to repossess the vehicle or to solicitors to issue court proceedings against you. BMW FS may also activate your GPS tracker or review publicly available information to trace your whereabouts. For full details of how BMW FS processes your personal information please refer to the “Use of Your Information” clause in your finance agreement.

If BMW FS reasonably suspect that the Vehicle’s odometer has been tampered with or ‘clocked’, and if the Vehicle is a BMW or MINI, we will use BMW Ireland data to remotely retrieve mileage data from the Vehicle’s in-car system.


ConnectedDrive – to provide digital services in the vehicle.

BMW Ireland and BMW AG receive information from these digital services, such as:

Contact Details, Vehicle Location Information as well as Device and Service Usage information which they use in accordance with the detailed service descriptions for each element of the services set out in the ConnectedDrive policy.

• Further information is available in the ConnectedDrive Privacy Policy, click here.

Connected App – to provide digital services relating to the vehicle through a mobile device.
BMW AG will obtain Contact Details, Device and Vehicle Location Information as well as Device and Service Usage information through the provision of the BMW Connected App which it uses in accordance with the BMW Connected App privacy policy and Location Information Safeguards.

For more information on Vehicle Location Information safeguards click here.

Quality Assurance, Research and Development – to improve our products and services.
BMW AG may use any of the information that it receives through the provision of services to BMW Ireland, centres (including Location Information) for product and service quality assurance and development purposes. Before any such use is undertaken your information will be de-personalised so it cannot be directly linked back to you.


Compliance with legal requests for your information – to comply with our legal obligations to law enforcement, regulators and the court service.
We may be legally required to provide your information to law enforcement agencies, regulators, courts and third-party litigants in connection with civil or criminal proceedings or investigations anywhere in the world. Where permitted, we will direct any such request to you or we may notify you before responding unless to do so would prejudice the prevention or detection of a crime.


Legal grounds for processing of your personal information.
The use of your information set out above is permitted under Irish data protection law on the basis of these principal legal grounds:

• Where you have consented to the use (you will have been presented with a consent form in relation to any such use and may withdraw your consent at any time through the BMW Customer Service

1. on +353 1 890 719421 (calls are free of charge plus your phone company's access charge)
2. or sending an email to customerservices@bmw.ie or customerservicesie@mini.ie
3. or by writing to us at:
        BMW Customer Service
        FAO – Customer Service Manager
        Swift Square
        Santry Demesne
        Dublin 9
        D09 R802

• Where necessary to enter into or perform our contract with you
• Where we need to use it to comply with our legal obligations
• Where we use it to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights (our legitimate interests include promoting the BMW Group Ireland business and tailoring news and offers to your profile, research and development of vehicle related products and services, assessing your creditworthiness, detecting fraud and criminal activities).

There may be uses that are permitted on the basis of other grounds; where this is the case we will use reasonable endeavours to identify the ground and communicate it you as soon as possible after becoming aware of the new basis.

Third parties to whom we may transfer your data.
Personal information which we collect may be transferred to or accessed by third parties on our behalf, with your consent where necessary.

The types of third parties apart from the BMW companies already stated are:

• Marketing and research companies who run and manage marketing and research campaigns
• Event companies who run and manage sponsored events
• BMW Customer Interaction Centre who provide customer support
• BMW Retailers and Retail Centres who provide services to you
• IT providers who provide us systems and services for customer support
• Card Payment Services providers who operate payment platforms
• Logistics and courier companies who transport our products to you
• Companies who provide transport to you or offer you mobility services (e.g. chauffeurs)
• Law firms who provide legal advice to us (e.g. where there is a customer dispute)
• BMW (UK) Limited who provide systems and support to help us deliver service of sales and technical support
• BMW Financial Services (UK) Limited who provide systems to support the delivery of our services
• This is only shared in a secure manner, using a consistent security protocol. When we share with other parties, we ensure that they only use your personal data for the purpose it was collected and do not allow them to abuse this agreement.
  
  BMW Group Ireland may also transfer your personal information to a third party without your consent if it is in its legitimate interest or if there is a contractual obligation to do so. For example, BMW FS Ireland may pass on your personal details to a third party debt recovery agent if you fail to make the payments due under your finance agreement or to a vehicle recovery agent to collect the vehicle at the end of your finance agreement. For full details of how BMW FS uses and shares your personal information please refer to the “Use of Your Information” clause in the finance agreement.

How do we keep your personal information safe?

We use technical and organisational security measures including encryption and authentication tools to protect your personal information, against manipulation, loss, destruction, and access by third parties.

Although data transmission over the Internet or website cannot be guaranteed to be secure, we and our business partners work hard to maintain physical, electronic and procedural safeguards to protect your information in accordance with applicable data protection requirements. Our main security measures are:

• Tightly restricted access to your data on a “need to know” basis and for the communicated purpose only
• Transferred collected data only in encrypted form
• Highly confidential data stored only in encrypted form - e.g. credit card information
• Firewalled IT systems to prohibit unauthorised access e.g. from hackers
• Permanently monitored access to IT systems to detect and stop misuse of personal data.

If you have a personal password which enables you to access certain parts of our websites or any other portal, app or service we operate, do not forget your responsibility for keeping this password confidential. We ask you not to share your password with anyone.

How long we keep your personal information for?

We retain your information only as long as is necessary and only for the purpose for which we obtained them.  We restrict access to your information to only those persons who need to use it for the relevant purpose. 

Our retention periods are based on business needs and your information that is no longer needed is either irreversibly anonymised or destroyed securely.

Use for marketing:

• We retain your personal information for as long as is necessary, but only for the relevant purpose that we collected it for.

Use to perform a contract:

• In relation to your information used to perform any contractual obligation with you we may retain that data whilst the contract remains in force plus six years to deal with any queries or claims thereafter.

ConnectedDrive and Connected App:

• We set out how long we retain Vehicle Location Information [and Device Information] in relation to each service in the relevant service descriptions.

Where claims are contemplated:

• In relation to any information where we reasonably believe it will be necessary to defend or prosecute or make a claim against you, us or a third party, we may retain that data for as long as that claim could be pursued.

Who may we share your personal information with?

BMW is a global company. Your personal information may be accessed by our staff, agents or contractors from a country outside European Economic Area(EEA) for any of the purposes set out in this policy. These countries may have in place data protection laws which may be of a lower standard than in the EEA. We will ensure that any of your information that is accessible outside the EEA is handled subject to appropriate safeguards.

Certain countries outside the EEA, such as Canada (commercial organisations) and Switzerland, have been approved by the European Commission as providing essentially equivalent protection to EEA data protection laws and therefore no additional legal safeguards are required. In countries which have not had such approval, we will transfer it subject to ensuring that appropriate legal safeguards are in place, such as Standard Contractual Clauses (SCC’s).

BMW FS Ireland will not share your contract information with other Group Companies other than as specifically mentioned in this Privacy Policy or the Use of Information clause on the finance agreement.

Please contact us if you would like to see a copy of the specific safeguards applied to the export of your information.

How to change your privacy preferences?

You can change your marketing privacy preferences, or withdraw your consent in relation to how BMW Ireland, BMW FS Ireland or BMW AG use your personal  information in one of the following ways:

• You can make individual changes directly in your ConnectedDrive account or the Connected App, where applicable.
• You are also able to request information about your data stored at BMW Ireland as well as request the correction, deletion or restriction of your personal data for analytics and/or marketing use.
• By contacting the BMW Customer Information Centre on +353 1 890 719421*
• Or by sending an email to customerservices@bmw.ie or customerservicesie@mini.ie or bmwcustomerservices@bmwfin.ie
• Or by writing to us at:
       BMW Customer Service
       FAO: Customer Service Manager
       Swift Square
       Santry Demesne
       Dublin 9
       D09 R802
  * Calls are free of charge plus your phone company's access charge.

Contacting BMW Group Ireland about this privacy policy

If you have any questions in relation to our use of your information you should first contact the BMW Customer Information Centre in one of the following ways:

• Call BMW Customer Service on 1890 719421 or 0818 253 181 (calls are free of charge plus your phone company's access charge).
• Or by sending an email to customerservices@bmw.ie or customerservicesie@mini.ie or bmwcustomerservices@bmwfin.ie
• Or by writing to us at:
  BMW Customer Service

             FAO: Customer Service Manager
             Swift Square
             Santry Demesne
             Dublin 9
             D09 R802

In addition you may contact the responsible Data Privacy Manager listed. Click here for their contact details.

Under certain conditions you have the right to require us to:

• Provide you with further detail on the use we make of your information
• Provide you with a copy of your information
• Update any inaccuracies in the information we hold about you
• Delete any information about you that we no longer have a lawful ground to use
• Remove you from any direct marketing lists when you object or withdraw your consent
• Provide you with your personal information in a usable electronic format and transmit it to a third party (right to data portability)
• Restrict our use of your personal information
• Cease carrying out certain processing activities based on the legitimate interests ground unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights (click here for more information).

Your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime), our interests (e.g. the maintenance of legal privilege) and the rights of third parties.

If you are dissatisfied with our use of your information or our response to any exercise of these rights you have the right to complain to the Data Protection Commission which regulates the processing of personal data in Ireland (click here for more information).

Location Information Safeguards

If you have chosen services that disclose your location or the location of your vehicle, we take the confidentiality of that information very seriously.
The following safeguards are applied to Location Information (including information accessed as part of the vehicle service process):

• It is only kept for as long as necessary to fulfil the service.
• It is only obtained or accessed in that form where necessary to provide the service requested or where we are obliged to retain and/or provide the information by law (and where we are required to provide the information to law enforcement or any other third party, we will - notify you unless to do so would prejudice the prevention or detection of a crime or we are not permitted to do so).
• Vehicle Location Information and Device Location Information are not linked unless necessary to provide the service requested.
• Any other use of Location Information for analytics purposes will be undertaken on irreversibly anonymised data.
  We and the Centres may have access to Vehicle Location Information and BMW AG may have access to Device Location Information through the services they provide (e.g., ConnectedDrive).

You will have been provided with a detailed description of the Location Information obtained to provide a Location Information dependent service when you initially purchased the vehicle or activated or configured the service or application (e.g., ConnectedDrive or Connected App). You can control whether we continue to hold or collect that information through the vehicle, service or application (e.g. ConnectedDrive) so future location information ceases to be collected. Please note that we may not be able to provide certain features of our services to you if you limit the collection of your Location Information.