Privacy Policy

This Privacy Policy solely applies to BMW Connected Drive Service. China Unicom Network CommunicationCo., Ltd. Shanghai Branch ("operator" or "we") is the operator and service provider of BMWConnected Drive.

BMW is the intellectual property owner and solution designer for the BMW Connected Drive Service."BMW" refers to BMW (China) Automobile Trading Co., Ltd. in terms of imported vehicles; andrefers to BMW Brilliance Co., Ltd. in terms of vehicles produced by BMW Brilliance Co., Ltd.

Latest updated date: 11/2019

If you have any questions or comments, please contact us at:

Email: connecteddrive@bmw.com.cn

Phone: 400-800-6666

 

The Privacy Policy helps you understand the following information:

1. Our business functions and how we collect and use your personal information.

2. How we use cookies and other similar technologies

3. How we share, transfer and publicly disclose your personal information

4. How we protect your personal information

5. Your rights

6. How we process personal information of children

7. How your personal information will be transferred globally

8. How this Privacy Policy will be updated

9. How to contact us

 

We treat your privacy in accordance with the same high standards that you expect from our productsand services.  The confidentiality and integrity of your personal information is ofparticular concern to us.  We are committed to maintaining your trust in us and observe thefollowing principles when protecting your personal information: consistency between rights andliabilities, clear purposes, solicitation of consent, minimum sufficiency, guarantee ofsecurity, involvement of personal information subjects, and openness and transparency. Meanwhile, we are committed to setting up necessary safeguards pursuant to well-developedsecurity standards in order to protect your personal information

 

Please carefully read this Privacy Policy before clicking “agree” and ensure a fullunderstanding of the meaning and corresponding legal consequences of this PrivacyPolicy.  Clicking “agree” is deemed as the acceptance of this Privacy Policy. We will use and protect your personal information according to the relevant laws andregulations and this Privacy Policy.       


I.              Our business functions and how we collect and use your personalinformation.

Personal information means any information saved in electronic or other forms that can be usedindependently or together with other information to identify a natural person or reflect theactivities of a natural person, including but not limited to name, date of birth, identificationnumber, personal biometric information, address and telephone number.

Sensitive personal information means the personal information that may cause harm to personal orproperty security, or is very likely to result in damage to an individual’s personal reputationor physical or mental health or give rise to discriminatory treatment, once it is leaked,unlawfully provided or abused.  In general, personal ID number, personal phonenumber, bank account number, precise personal positioning information etc. areregarded as sensitive personal information.  In this Privacy Policy, the terms andarticles concerning sensitive personal information will be marked in bold for yourspecial attention.

We collect and process your personal information solely for the purposes specified as below torealize BMW Connected Drive Service.

We will seek your consent if we use your information for purposes other than those stated in thisPrivacy Policy.  We will also seek your consent if we use your information which iscollected for specific purposes for other purposes.

Unless other use indicated in below the purposes, we store your personal information only for as longas the relevant purpose requires it.  If your personal information is processed formultiple purposes, your information will be automatically deleted or stored in a form thatcannot directly be traced back to you, as soon as the last specified purpose has been fulfilled.

1.     Contract conclusion and userregistration

In order to sign a BMW Connected Drive service contract with you, we will collect the followinginformation:

(1)   Mandatory information:

a)       For enterprise customers, please provide the name of theenterprise, user name, gender, mobile number, ID number andaddress of the authorized person, the first emergency contact information (name, relationshipwith the owner and mobile number), and the password of the remoteservice telephone;

b)      For individual customers, please provide the owner's name, gender,mobile phone number, ID card number, ID card address; thefirst emergency contact information (name, relationship with the owner and mobile phonenumber), remote service telephone password )

(2)   Accountinformation (account logininformation of "BMW Connected Drive Application/Internet application / BMW ConnectedDrive website

(3)   Second and third emergency contact information (name, relationship with owner andmobile number)

The first information above is necessary for us to conclude a BMW Connected Drive service contractwith you. If you do not provide the above necessary information, we may not be able to concludea BMW Connected Drive service contract with you and provide the services under the contract.

To make full use of the BMW Connected Drive services, you have to register on the BMW Connected Driveapplication. For registration and use purpose, we may need to collect the second informationabove. Without such information, we may not be able to create the customer account for you andprovide you with all services thereof.

The information listed in Item 3 above is not necessary for the conduct of BMW Connected Driveservice contract, but is of great significance for improving service quality and developing newproducts or services. We will not force you to provide such information. Your refusal to providesuch information will not affect your right to enter into a BMW Connected Drive service contractand your use of the basic products or service functions under the contract.

When you are using our services, we will be authorized to use the above-said information you haveprovided. We will cease using and delete the above-said information (including personalinformation generated during your use of the customer account) in a timely manner. Nevertheless, information related to contracts and/or financial transactions will, inaccordance with the applicable legal or regulatory provisions, be retained for statutory timelimit after the contract has expired or the transaction is completed and be subject to reviewsby the relevant authorities.

2.     Obligations under the BMW Connected Drive Servicecontract

In order to fulfill the BMW Connected Drive Service contract we sign with you, we will provide youwith BMW Connected Drive service.

According to the configuration of different models, the vehicle is equipped with the correspondingBMW Connected Drive Service packages, with the following types:

(1) Basic Connected Drive Package: (a) intelligent emergency call; and (b) remote after-salesservice.

(2) Standard Internet Drive Package: (a) intelligent emergency call; (b) remote after-sales service;(c) remote assistance service; and (d) information online.

(3) Enhanced Internet Drive Package: (a) intelligent emergency call; (b) remote after-sales service;(c) journey consulting service; (d) remote assistance service; (E) real-time trafficinformation; and (f) information online.

       In order to provide the above services, we, BMW and BMW serviceproviders may process the following potential personal information generated during the use ofmotor vehicles or related to motor vehicles, including:

·       Your vehicle information (VIN number, plate number, enginenumber, driving license information), location, drivingdirection, service data or accidents involving your vehicle, your "information online" content,information about any BMW Connected Drive service call from your vehicle or from your account,your call date, time and duration, and any BMW Written record of the call by the BMW ConnectedDrive service specialist.

·       In the following cases, your vehicle location or otherinformation may be recorded or monitored: (a) you or other passengers in your vehicle requestBMW Connected Drive service; (b) your airbags are deployed or severely collided; (c) yourvehicle is equipped with vehicle location service equipment, and you have alerted the vehicle oftheft, or (d) as required by law. Your BMW vehicle may also be equipped with one or more sensingor diagnostic modules that automatically acquire, record, transmit or store certain vehicle data(such as battery voltage and coolant temperature) as well as your service requirements.

·       Information you may provide when you provide feedback orcontact or communicate with us by other means. For example, if you choose to feedback throughthe BMW cloud connected application, some of your information will be automatically sent alongwith your feedback, which may include the unique ID you created when you first used theapplication, province and city information, equipment operation system and version information,equipment model and browsing information.

The provision of the above data is not required to sign BMW Connected Drive Service Contract, but isnecessary for the fulfillment of specified services embedded in the contract. .

3.     Developing and improving new products andoptimizing the service

Beyond the provision of services, the information under1.2 will also be processed to ensure thequality of the BMW Connected Drive services and to develop new products and services. The use ofthe above information is related to our commitment to meet our customers' high standards forexisting services and expectations for new services in the future. In order to protect theprivacy of customers, the above information will be specially processed to ensure that it cannotbe directly or indirectly traced back to specific customers or vehicles, unless we obtain thesole authorized consent of customers. .

4.     Fulfillment of the service and administrationprocesses

In order to continuously optimize the customer experience, we may compile analyses and reports basedon contract information, which we may share with the authorized BMW dealers.  Theseanalyses will primarily be used to introduce appropriate measures to improve the servicesprocess. We may prepare the reports described above exclusively in aggregated andanonymized form, i.e. the recipients of the reports will not be able to identify you asan individual from the data contained in the reports.

Also, parts of the vehicle-specific data collected under I.2 will be processed to fulfill the serviceprocesses (e.g. repair, warranty, goodwill) of BMW, BMW China affiliated companies andauthorized dealers. This kind of processing is to offer our customers the best possible serviceprocess.  The technical vehicle data will be deleted in a timely manner at the end of thevehicle’s service life. See further information at “Section III How We Share, Transfer andPublicly Disclose Your Personal Information” below.  

5.     Customer service

We use your personal information (e.g. name and telephone number) to contact youwhen dealing with contract matters related to you (e.g. opening BMW Connected Drive service) oryour requirements (e.g. inquiries or complaints submitted to BMW customer service). For allaspects of processing contracts or requests, we will contact you without obtaining separateconsent, e.g. in writing, by telephone, messenger services, or email, depending on the contactmedia you specified.  We may also share your name, email address and phonenumber to BMW, our affiliated companies and authorized dealers for the samepurpose.  See further information at “Section III How We Share, Transfer and PubliclyDisclose Your Personal Information” below.

6.     Advertising communication and market researchbased on consent

If you have separately given your consent to the further use of your personal information, yourpersonal information may be used in accordance with the scope described in the consent, e.g. foradvertising purposes and/or market research, and may be passed on to third parties. Details on this can be found in the respective declaration of consent, which can berevoked at any time at your own discretion. See further information at “Section III How WeShare, Transfer and Publicly Disclose Your Personal Information” below.

7.     Fulfillment of legal obligations

We process personal information based on a legal obligation. For example: when we perform recallobligations or carry out technical activities involving your vehicle.

Sometimes, we use the vehicle information in part I (II) above based on legal requirements, such asdisclosure of maintenance information according to relevant regulatory requirements. In order toprotect the privacy of customers, the use of the technical information listed below will only berelated to vehicles and not directly related to customers.

·       Basic data of vehicle (vehicle model, body color,configuration, production date, etc.)

·       Vehicle maintenance data (next service date, oil level, brakepad wear, etc.)

·       Vehicle status data (mileage, battery voltage, door and flapstatus, etc.)

The information collected is also processed to ensure the operation of IT systems. In the followingcases, we need to ensure IT running smoothly:

·       Backup and recovery of data in IT systems

·       Logging and monitoring of transactions to check the correctoperation of IT systems

·       Detection and prevention of unauthorized access to personalinformation

·       Incident and problem management for troubleshooting IT systems

The information collected is also used to meet the requirement of compliance management.

We should also follow a variety of other legal obligations. In order to fulfill these obligations, weprocess your information following legal and compliance requirement, and provide yourinformation in accordance with legal reporting requirements. See further information at “SectionIII How We Share, Transfer and Publicly Disclose Your Personal Information” below.

 

II.            How WeUse Cookies and Other Similar Technologies

For how we use cookies and similar technologies, please refer to our cookie policyhttps://www.bmw-connecteddrive.cn/cdp/release/internet/servlet/cookies.

 

III.          How We Share,Transfer and Publicly Disclose Your PersonalInformation

1.     Entrusted processing

Certain modules or functions of BMW Connected Drive Service are provided by external providers. Forexample we may engage service providers to support us providing customer service.

We may provide the data collected under Section I.2 to third parties in anonymous form for theincluding but not limited purpose of use e.g. destination services, electric maps, locationservice.

We will enter into strict non-disclosure agreements with all entrusted companies, organizations andindividuals and require them to process personal information according to our instructions, thisPrivacy Policy and any other related measures for confidentiality and security.

2.     Sharing

We will not share your personal information with any company, organization or individual outside ofoperator, except under the following circumstances.  

(1) Sharing information with explicit consent.  Regarding personal information that is necessaryfor us to provide the relevant service, we may share such information with other parties afterobtaining your explicit consent.  These include but not limited to the followingcircumstances:

(a) Sharing information with BMW and BMW affiliated companies: your personal information may beshared with BMW and affiliated companies of BMW.  We will share the necessary personalinformation only for the purposes specified in this Privacy Policy.  If an affiliatedcompany changes the purpose for processing your personal information, your further authorizationand consent will be obtained.  BMW affiliated companies include: BMW AG, BMW BrillianceAutomotive Ltd., BMW Automotive Finance (China) Co., Ltd., BMW China Automotive Trading Ltd.,Herald International Financial Leasing Co., Ltd., BMW Mobility Services Ltd., Beijing LingyueInformation Technology Co. Ltd., and any other companies or entities directly or indirectlycontrolling, controlled by or under common control with the aforementioned entities.

(b) Sharing with BMW authorized dealers.  For the purpose of realizing the purposes specified inthe Privacy Policy, we may share some of your personal information with our authorized dealers,in order to offer better client services and user experience.  

(2) We may share your personal information with external parties as required under laws orregulations or upon compulsory requirements of competent government authorities.

We will enter into strict non-disclosure agreements with all companies, organizations and individualswith which we share information and require them to process personal information according toour instructions, this Privacy Policy and any other related measures for confidentiality andsecurity.

3.     Transferring

We will not transfer your personal information to any other company, organization or individual,including but not limited to the following circumstances.

(1) Transferring information with explicit consent: we will transfer your personal information toother parties after obtaining your explicit consent.

(2) If your personal information has to be transferred in a merger, acquisition or bankruptcyliquidation, we will require the new company or organization that will hold your personalinformation to continue to observe this Privacy Policy.  Otherwise, we will require the newcompany or organization to request for your authorization and consent before transferring yourpersonal information.

4.     Public disclosure

We will publicly disclose your personal information only under the following circumstances.

(1) After obtaining your explicit consent.

(2) Disclosure under the law: we may publicly disclose your personal information as required by laws,under legal procedures, in lawsuits or upon compulsory requirements of competent authoritiesunder the government.

 

IV.           How WeProtect Your Personal Information

1. We have protect your personal information based on safety protection measures in line withindustry standards from unauthorized access, public disclosure, use, modification and loss. Wewill take all reasonable actions to protect your personal information. For example, we will useencryption technique to ensure data confidentiality; we will use reliable protection mechanismto prevent data being hostile attack; we will deploy visit control mechanism to ensure onlyauthorized person accessing personal information; and we will provide safety and privacyprotection training courses to strength employees’ awareness of protecting personal information. 

2. We will take all reasonable and feasible measures to ensure that we have not collected irrelevantpersonal information. We will only retain your personal information for a limited periodnecessary for realizing the purposes specified in this Privacy Policy, unless it is necessary toextend the retention period with your authorization or it is protected under the law.

3. The Internet is not an absolutely safe environment. We will do our best to ensure the security ofany information you send to us. If our physical, technical, or administrative safeguards arecompromised, resulting in unauthorized assess, public disclosure and data tampering ordestruction, leading to the damage of your legitimate rights and interest, we will bear thelegal liability.

4. In case of any incident in respect of personal information security, we will inform you in timeaccording to laws and regulations, including basic information about the security incident andthe potential impact, what measures we have taken or will take to respond to such incident,suggestions on what measures you may take yourself to guard against and lower risks, remedialactions we offer to you, etc. We will brief you on the progress of the incident by email,correspondence, phone or by sending notifications, and we will release announcements for thispurpose in a reasonable and effective manner even when it is difficult to notify personalinformation subjects one by one.

Meanwhile, we will actively report how the personal information security incident is being handledpursuant to the requirement of the regulator.

 

V.            Your Rights

You are entitled to the following rights over your own personal information according to applicableChinese laws, regulations and standards, and common practices in other countries and regions.

1.     Accessing your personal information

You have the right to access your own personal information, unless there are exceptions in laws andregulations.  When you would like to exercise your right to access data, you may access theinformation by visiting: [Log in to BMW Internet driving user website - > Settings - >personal data to access or edit your personal information.

If you are unable to access your personal information from the above link, you may contact BMW clientservice for relative information.  We will respond to your request within 30 days.

2.     Rectifying your personal information

If you find that your personal information we process is inaccurate, you have the right to request usto rectify your information.  You can contact connecteddrive@bmw.com.cn or 400-800-6666 forspecific process. 

If you are unable to rectify your personal information through the above link, you may contact us byemailing connecteddrive@bmw.com.cn.  Upon authentication of your identity, we will respondto your request within 30 working days or the period under the law.

3.     Deleting your personal information

You may request the deletion of your personal information under any of the following circumstances:

(1) When our processing of personal information violates laws or regulations;

(2) When we collect or use your personal information without your consent;

(3) When our processing of personal information violates our agreement with you;

(4) When you no longer use our products or services;

(5) When we no longer provide you with the products or services.

If we agree with your request to delete information, we will also notify entities that obtain yourpersonal information from us to require them to delete the information concerned in a timelymanner, unless otherwise stipulated by laws and regulations or such entity has obtained yourseparate authorization.

Once your information has been removed from our services, we may not immediately delete thecorresponding information from the backup system, but we will delete the information when thebackup is updated.

4.     Changing the scope of your authorization

Each business function cannot be realized without some basic personal information (see Part I of thisPrivacy Policy).  In terms of the collection and use of additionally collected personalinformation, you may grant or revoke your authorization and consent at any time.

You can contact 400-800-6666 or email connecteddrive@bmw.com.cn.

After you have revoked your consent, we will not process the corresponding personal information anymore.  But your decision to withdraw your consent does not affect the previous processingof personal information based on your authorization. 

If you do not want to receive the commercial advertisements you choose to receive, you canunsubscribe related product push information or contact 400-800-6666.

5.     Cancelling user accounts

You may cancel at any time the account you registered for by emailing connecteddrive@bmw.com.cn.

After your account is cancelled, we will cease providing you with products or services, and deleteyour personal information in a timely manner according your request, unless otherwise stipulatedby laws and regulations.

6.     Obtaining copies of your personalinformation

You have the right to obtain copies of your personal information by emailingconnecteddrive@bmw.com.cn.

At your request, we can transfer your data to another person in charge as long as technologies permitlike data lighting matching.

7.     Limits on the automatic decision-making of theinformation system

For some business functions, our decisions may only rely on the automatic decision-making mechanisms,such as the information system and algorithms.  If these decisions have a significantimpact on your legal rights and interests, you have the right to request us to provideexplanations, and we will also offer proper remedy measures.

8.     Responding to your requests

For the sake of security, you may be required to file written requests or prove your identity inother ways.  We may request authentication of your identity before responding to yourrequests.

We will reply within 30 days. If you are dissatisfied with our reply, you may lodge a complaint byemailing connecteddrive@bmw.com.cn.

In principle, we will not charge fees for your reasonable requests.  However, if your requestsare lodged repeatedly or beyond a reasonable extent, we will charge fees of a proper amountdepending on the cost.  We may refuse your requests if they are repeated without reason,need to be replied to through excessive technical methods (for example, a new system needs to bedeveloped or the existing common practices need to be fundamentally reformed), pose risks toothers’ legal rights or interests, or are fairly unrealistic (for example, it involvesinformation stored on backup tapes).

We will not respond to your requests under any of the following circumstances.

(1) Where requests are in relation to the performance by the personal information controller ofobligations specified in laws and regulations;

(2) Where requests are in direct relation to the national security or national security;

(3) Where requests are in direct relation to the public security, public sanitation, or major publicbenefits;

(4) Where requests are in direct relation to investigations into crimes, prosecutions, court trials,execution of rulings, etc.

(5) Where the personal information controller has sufficient evidence that the personal informationsubject is subjectively malicious or abusing his/her rights;

(6) Where personal information collecting and processing is  for the sake of safeguardingsignificant legal rights and interests, such as the life and property of personal informationsubjects or other individuals, but it is difficult to obtain their consent;

(7) Where responses to the requests of the personal information subject will give rise to seriousdamage to the legal rights and interests of the personal information subject or any otherindividual or organization; or

(8) Where requests involve trade secrets.

 

VI.           How We Dealwith Children’s Personal Information

Our products and services are designed primarily for adults.  No child is allowed to create auser account by himself or herself, without the consent of his or her parent or guardian. Where personal information of a child is collected with the explicit consent of his or herparent, we will use or publicly disclose such information only when it is permitted under thelaw, the child’s parent or guardian grants explicit consent or it is necessary to do so toprotect the child.

We regard any minor who is under the age of 14 as a child, no matter whether the child is defineddifferently under local laws and by local customs.  If we find that we have collected thepersonal information of a child without prior and provable consent from the child’s parent, wewill do our best to delete the relevant information as soon as possible.

 

VII.        How Your Personal InformationWill Be Transferred Globally

The personal information we collect and generate within the territory of the People’s Republic ofChina (PRC) will be stored within the territory of the PRC. Therefore, your personal informationwill not be transferred to other jurisdictions outside the PRC or be accessed by these overseasjurisdictions.

 

VIII.      How the Privacy Policy Will BeUpdated

Our Privacy Policy may be changed from time to time.  We will not reduce your rights under thePrivacy Policy without your explicit consent.  We will publish any change to the PrivacyPolicy and will make the former versions of the Privacy Policy available to you for yourreference.

In the case of major changes, we will release clear notices (including, for some services, the mailmessages that inform you of what specific changes are introduced to this Privacy Policy).

For the purpose of this Privacy Policy, major changes include but are not limited to:

1. Significant changes to our service mode, such as the purposes of processing personal information,categories of personal information to be processed, the ways to use personal information, etc.;

2. Substantial changes to the ownership structure, organizational structure, etc., such as changes tothe owners as a result of business adjustments, bankruptcy, mergers and acquisitions;

3. Changes to the subjects we share with, transfer to or publicly disclose personal information;

4. Significant changes to your rights in respect of your participation in personal informationprocessing and to the ways in which you can exercise such rights;

5. Changes to our department responsible for the security of personal information, contactinformation of such department, or complaint channels;

6. Changes made due to high risks revealed in the security impact assessment report for personalinformation. We will keep the former versions of this Privacy Policy available to you for easeof reference.

 

IX.            How toContact Us

If you have any concerns or comments on this Privacy Policy, or if you have any questions about theway we use your personal information please contact us through the following means:

Email: connecteddrive@bmw.com.cn

Hotline: 400-800-6666

BMW (China) Automobile Trading Co., Ltd. registered address: 28 / F, block B, Jiacheng Plaza, No. 18,Xiaguangli, Dongsanhuan North Road, Chaoyang District, Beijing 100027, China We make everyeffort to comply with all requests within 30 days.