Privacy Policy for Intelligent Speed Assistance
Subaru values your privacy and is committed to protect your personal data in accordance with applicable privacy and data protection regulations. The purpose of this privacy policy is to inform you on how we collect and use your personal data in light of Article 4 of Commission Delegated Regulation (EU) 2021/1958 of 23 June 2021.
The protection of your privacy and personal data is of utmost importance to us. We make every effort to protect your privacy and to ensure that you can safely entrust us with your personal data. As such, we always handle personal data securely and discreetly. Furthermore, appropriate security measures have been taken to avoid loss, alteration, access by unauthorised persons and/or any other unlawful processing of your personal data.
We aim to be transparent regarding how we process your personal data and what we do with your personal data. We provide you with more detail on those processes in this privacy policy.
Who are we?
SUBARU CORPORATION, having its registered office at Ebisu Subaru Building, 1-20-8, Ebisu, Shibuya-ku, Tokyo 150-8554, Japan (hereinafter, "Subaru", "we" or "us").
We have appointed a representative in the European Union with the following contact details:
Representative: Subaru Europe NV/SA, with registered offices at 1930 Zaventem, Leuvensesteenweg 555/8 (Belgium) and registered with the Crossroads Bank of Enterprises under number 0438.574.810 (RLE Brussels)
E-mail: privacy@subaru.eu
Phone number: 0032 2 714 03 00
We process your personal data in accordance with the applicable legal provisions regarding privacy and the protection of personal data, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the "GDPR") and the applicable national implementing legislation. Particularly, we shall process your personal data under this privacy policy in accordance with Article 4 of Commission Delegated Regulation (EU) 2021/1958 of 23 June 2021.
Some definitions
As far as this privacy policy is concerned, the term "personal data" refers to: all information about an identified or identifiable natural person (the “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular through an identifier, such as a name, identification number, location data, online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. In other words, all the information which can be used to identify a person. These elements include, for instance, your surname, first name, date of birth, telephone number and email address, as well as your IP address.
The term "processing" is very broad and covers, among other things, collecting, recording, organising, storing, updating, modifying, retrieving, consulting, using, disseminating, combining, archiving and deleting data.
Entity responsible for the processing of your personal data (the "Controller").
Subaru is responsible for the processing of your personal data.
We are what the GDPR refers to as the “data controller” of your personal data. In concrete terms, this means that Subaru, possibly together with other entities, determines the purpose and means for the processing of your personal data.
What categories of personal data do we process, why, on what legal basis and for how long?
In the table below you can read:
- Column 1: what categories of personal data we process (the “Categories of personal data”);
- Column 2: why we process your personal data (the “Purposes”);
- Column 3: on what legal grounds the processing is based (the “Legal basis”); and
- Column 4: for how long we process your personal data (the “Retention period”).
All processing activities involving your personal data takes place for one or more specific purposes.
In addition, we only process your personal data when we can rely on a valid legal basis. The applicable legal basis, which you can find in the column ‘Legal basis’, means the following:
- 'Consent': you have given consent for the processing of personal data for one or more specific purposes;
- 'Legitimate interest': the processing is necessary to protect our legitimate interests or those of a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data.
Minors
We do not intend to collect any personal data from persons younger than 16 years old. These minors are not allowed to provide us with any personal data or a statement of consent without permission from the person who has parental authority.
Your privacy rights
To give you more control over the processing of your personal data, you have various rights at your disposal. These rights are laid down, amongst others, in articles 15-22 of the GDPR.
You have the following rights:
• The right to access the personal data we process about you (art. 15 GDPR):
You have the right to be informed by us at any time whether or not we are processing your personal data. If we are processing them, you have the right to access these personal data and to receive additional information about:
a) the purposes of the processing;
b) the categories of personal data concerned;
c) the recipients or categories of recipients (in particular, recipients in third countries);
d) the retention period or, if that is not possible, the criteria for determining that period;
e) the existence of your privacy rights;
f) the right to lodge a complaint with the supervisory authority;
g) the source of the personal data if we obtain personal data from a third party;
h) whether we are using automated decision-making in respect of you.
If we cannot give you access to your personal data (e.g. due to legal obligations), we shall inform you as to why this is not possible.
You can also obtain a free copy, in an understandable format, of the processed personal data in an understandable format. Please note that we may charge a reasonable fee to cover our administrative costs for any additional copy you may request.
• The 'right to be forgotten' (the right to request us to delete your personal data) (art. 17 GDPR):
In certain cases, you can request that we delete your personal data. Please also note that your right to be forgotten is not absolute. We are entitled to continue to store your personal data if this is necessary for, among other things, the execution of the agreement, compliance with a legal obligation, or the establishment, execution or substantiation of a legal claim. We shall inform you of this in more detail in our response to your request.
• The right to rectification (art. 16 GDPR):
If your personal data is incorrect, out of date or incomplete, you can ask us to correct these inaccuracies or incomplete information.
• The right to data portability (art. 20 GDPR):
Subject to certain conditions, you also have the right to have the personal data that you have provided to us for the performance of the agreement or for which you have given your consent, transferred by us to another controller. Insofar as technically possible, we shall provide your personal data directly to the new controller.
• The right to restriction of processing (art. 18 GDPR):
If any of the following elements apply, you may request us to restrict the processing of your personal data:
a) you dispute the accuracy of those personal data (in this case, its use shall be limited for a period that allows us to verify the accuracy of the personal data);
b) the processing of your personal data is unlawful;
c) we no longer need your personal data for the its purposes, but you need them in establishing, exercising or substantiating a legal claim;
d) as long as no decision has been taken on exercising your right to object to the processing, you may request that the use of your personal data be restricted.
• The right to object (art. 21 GDPR):
You can object to the processing of your personal data on the basis of your particular situation, if we process your personal data on the basis of legitimate interests or on the basis of a task of general interest. In this event, we shall cease the processing of your personal data, unless we can demonstrate compelling and legitimate grounds for processing which outweigh your own, or if the processing of the personal data is related to establishing, exercising or substantiating a legal claim.
• The right not to be subject to automated decision-making (art. 22 GDPR):
You have the right not to be subject to a decision made exclusively on the basis of automated data processing that significantly affects you or has legal consequences and that is made without substantial human involvement.
You cannot exercise this right in following three situations:
a) when automated decision-making is legally permitted (e.g. to prevent tax fraud);
b) when automated decision-making is based on your explicit consent; or
c) when automated decision-making is necessary for entering into, or performance of a contract (please note: we always endeavour to use less privacy-intrusive methods for entering into or performing the contract).
• The right to withdraw your consent (Art. 7 GDPR):
If your personal data are processed on the basis of your consent, you may withdraw this consent at any time upon simple request.
Exercising your rights
To exercise these rights, you can contact us by using the contact details set out in Section – ‘Who are we?’.
In order to verify your identity when you wish to exercise these rights, we may ask you to send us a copy of the front side of your identity card. The image on your electronic identity card and your national security number shall not be retained by us. We strongly advise you to “blackline” the image and national security number before transmitting a copy of your electronic identity card to us.
You can exercise the abovementioned rights free of charge, unless your request is manifestly unfounded or excessive (for instance due to its repetitive nature). In such cases, we shall be entitled to charge you a reasonable fee or to refuse to respond to your request.
Retention of your personal data
We shall only retain your personal data for as long as necessary to achieve the intended purpose. You should take into account that numerous (legal) retention periods result in the fact that personal data (must) remain stored. Where there is no obligation to retain the data, it shall be routinely deleted once the purpose for which it was collected has been fulfilled.
In addition, we may store your personal data if you have given us your consent to do so or if we may require this data in the context of a legal claim. In the latter case, we need to use certain personal data as evidence. To this end, we store certain personal data, in accordance with the applicable statute of limitations, which may be up to thirty years; however, the usual statute of limitations in relation to personal claims is ten years.
Sources of your personal data
We process personal data that you provide to us. If additional personal data are required, we will inform you whether or not you are obliged to communicate them and what the consequences are if you do not communicate them. Failure to communicate personal data may result in our inability to provide our products and services to you.
Categories of recipients
Within our organisation, we ensure that your personal data is only accessible to those who need it to fulfil contractual and legal obligations.
We will only disclose your personal data to third parties in accordance with statutory provisions or if you have given your consent. In certain cases, our employees are supported by external service providers in performing their tasks.
Furthermore, we do not transfer personal data to third parties unless we are obliged to do so on the basis of legal provisions (e.g. transfer to government bodies such as supervisory or law enforcement authorities).
In particular, we identify the following categories of recipients:
(i) Our processors and subprocessors, in particular Subaru Europe NV/SA and national distributors in Europe;
(ii) Approval authorities granting type-approvals in accordance with Article 4 of Commission Delegated Regulation (EU) 2021/1958 of 23 June 2021
(iii) Governmental or regulatory authorities when requested in the context of complying with a judgment or decree, legislation, regulation, standard or legal process.
Transfer to third countries outside of the European Economic Area (“EEA”)
We shall only transfer your personal data to processors or controllers in third countries to the extent we are legally entitled to do so.
Insofar as such transfers are necessary, we take the necessary measures to ensure that your personal data are highly protected and that all transfers of personal data outside the EEA take place lawfully.
Security of your personal data
The security of your personal data is an important concern for us. We have taken all reasonable and adequate technical and organisational security measures to protect your personal data as best as possible against accidental or intentional manipulation, loss, destruction or access by unauthorised persons.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to us via the internet. Any transmission of personal data is at your own risk.
Complaints?
We make every effort to securely protect your privacy and personal data. If you have a complaint about the way in which we process your personal data, you can notify us thereof via our contact details, as mentioned at the beginning of this privacy policy, so that we can deal with it as quickly as possible.
You can also lodge a complaint with the competent supervisory authority. In Belgium, the competent supervisory authority is the Data Protection Authority, with the following contact details:
Website:
https://www.dataprotectionauthority.be
Contact details:
Data Protection Authority
Drukpersstraat 35, 1000 Brussels, Belgium
TEL +32 (0)2 274 48 00
FAX +32 (0)2 274 48 35
contact@apd-gba.be
Do you have any questions?
You can always contact us by using the contact details set out in section – ‘Who are we’. We are happy to answer any of your questions.
Amendments
In response to feedback, or to reflect changes in our processing activities, we may amend this privacy policy from time to time. We therefore invite you to always consult the latest version of this privacy policy.