Privacy Policy

The BMW network is global in nature with business processes, management structures and technical systems that cross borders. This privacy statement applies to BMW’s operations throughout the Caribbean and describes how your personal information is collected, used and otherwise processed by entities within the BMW network throughout the Region in connection with your relationship with BMW as a customer or potential customer in relation to its products and services.  The BMW network consists of the authorized BMW dealers in the various jurisdictions in which BMW operates throughout the region, the BMW Caribbean Hub and BMW AG through its Regional and European headquarters.  The authorized BMW dealership in your jurisdiction is the entity with which you enter into a contract of sale when you purchase any BMW goods or services from an authorized dealership within the Caribbean and is responsible for providing you with those goods and services.  The provision of those goods and services are facilitated through the interrelationship and interaction between the authorized dealers, the BMW Caribbean Hub and BMW AG.

Unless otherwise stated, the authorized BMW dealer in the jurisdiction in which you are located is responsible for collecting your personal information and is the data controller of your personal information. Please refer to the individual dealership’s privacy notice in your jurisdiction for information on how they collect and use personal information. 

Most of the countries within the Caribbean region in which there is an authorized BMW dealership have enacted data protection laws and regulations and we are committed to taking all necessary precautions to ensure that your personal information is processed fairly and lawfully and in accordance with all applicable data protection laws. 

We may provide other supplemental privacy notices on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your personal data. Those supplemental notices should be read together with this Privacy Notice. 

HOW IS YOUR PERSONAL INFORMATION COLLECTED?

Personal data about you is collected by the dealership in your jurisdiction when you:-

• Sign up on the website to schedule a test drive in your jurisdiction or receive information about any of our products and services and promotional events;
• Complete a contact form on the website;
• Submit your contact information over the telephone to a customer service agent or sales representative to receive more information about BMW products and services;
• Purchase any BMW product or service from an authorized dealer;
• Visit any of the dealerships throughout the region and submit contact information regarding the purchase of any BMW products and services;
• Submit your contact information directly to a sales representative at a trade show or event to receive information about any BMW products and services;
• When you complete a customer survey or provide feedback;
• If you enter a competition or register for a promotion;
• If you choose to interact with the authorized dealer via social media.

WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHAT DO WE USE IT FOR? 

The types of personal data about you that may be collected, stored, used or disclosed in connection with the provision of BMW products and services in your jurisdiction are set out in the table below and in each case, we have specified what it is used for and the basis for processing or disclosing it. Most commonly, we will rely on one or more of the following bases for processing your personal data:

• Where the authorized Dealer needs to perform the contract entered into with you (i.e. we need to provide the products or services you have purchased);
• Where needed to comply with a legal obligation;
• Where it is necessary for the authorized Dealer’s legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
• Where you have consented to the processing.

Category of personal data	What we use this data for	Lawful basis
The dealership in your jurisdiction will collect the following information:  Your contact details including name, contact number, email address, employment details, postal address, financial details,  Motor vehicle details – chassis number, VIN number	Processing your purchase of our goods and/or services and contacting you in relation to your purchase.   To provide repair and warranty services Contacting you with promotions and marketing information (if you have consented).   Managing the dealership’s relationship with you.	To perform the contract with you. The dealership’s legitimate interests in recovering payments that are due. To perform the contract with you. The dealership’s legitimate interests in providing you with specifically targeted marketing information, developing and growing the business.   The dealership’s legitimate interests in customer care, handling your complaint and performing the contract with you.   To comply with legal obligations.   The dealership’s legitimate interests in maintaining accurate accounts and records.
Date of birth	Providing the product you have purchased.	To perform the contract with you.
Driver’s License including photographic or biometric data	Providing the product you have purchased.	To perform the contract with you. To comply with legal obligations.

WHAT IF YOU DO NOT PROVIDE THE PERSONAL DATE WE REQUEST?

If you do not provide the authorized dealership with certain information when requested, they will not be able to perform all or part of the contract they have entered into with you (such as providing you with the products or services you have purchased).

CHANGE OF PURPOSE

Your privacy is important to us and we are committed to ensuring that your personal information is processed only for the purposes for which the information was provided.  Your personal information will only be used for the purposes for which it was collected (as identified in the table above), unless there is a reasonable need to use it for another reason which is compatible with the original purpose. If your personal data will be used for an unrelated purpose, you will be notified and provided with an explanation of the legal basis which allows for this use.

OTHER INFORMATION – COOKIES

When you visit the website we will collect information regarding the nature of the information you prefer to view, your comments, products and services which are of interest to you.

Information is automatically delivered to us from your computer and web browser when you log on to the website by the placement of a cookie on your computer which delivers information to us.  This information is not personal but includes the pages you requested on your last visit, your computer’s IP address, operating system and version and internet settings. You can adjust your computer’s settings to prevent automatic delivery of information.

WHO WILL YOUR PERSONAL INFORMATION BE SHARED WITH?

The authorized BMW dealership in your jurisdiction may share your personal information with third parties, including third-party service providers, and other entities where this is required by law, where it is necessary to perform the contract with you, or where there is another legitimate interest in doing so.

Your personal information will need to be shared with others including:

• Third party service providers who are contracted to provide services to you;
• Third party service providers who are used to provide services that involve data processing such as IT and system administration services e.g. the Dealer Management Systems used by the dealerships to process customer personal and vehicle information;
• Tax Administration and/or government motor vehicle authorities of the relevant jurisdiction in order to process the motor vehicle registration and any other relevant documentation for the vehicle you have purchased;
• Third parties engaged to run customer surveys;
• Professional advisers including legal teams (both internal and also external law firms), bankers, auditors and insurers to the extent such information is relevant to the performance of their services;

When sharing your personal information with third party contractors, appropriate safeguards are put in place such as binding contractual agreements to ensure that the third party receiving the personal data will be required to only use and disclose your personal data to carry out its specific business obligations to the dealership or for the permitted purpose of the disclosure (as described above) and that your personal information is adequately protected and processed in a way that is consistent with applicable data protection laws.

Your personal information may also be shared by the authorized BMW dealership as part of their regular reporting activities in company performance, in the context of a business reorganization or group restructuring exercise, for system maintenance support and hosting of data, with a regulator or to otherwise comply with judicial or regulatory proceedings, a court order or other legal process.

Your personal information (email address, telephone numbers, financial information, and/ or street address) will not be disclosed, sold, transferred to or shared with third parties unless it is necessary for any of the purposes described above or if required by law or if the disclosure is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.

INTERNATIONAL DATA TRANSFERS

Personal information about you may be shared between entities within the BMW network and may be transferred from the authorized BMW dealership in your jurisdiction to countries in the world where other BMW authorized dealers or BMW AG offices are established. Depending on where you are located, your personal information collected by the dealership may be transferred to the BMW Caribbean HUB located in Jamaica and/or BMW AG offices in Mexico, Brazil or Germany in order to perform the contract with you e.g. by providing you with warranty and repair services when you purchase a vehicle. 

Any international data transfers will be in accordance with this Privacy Statement and in compliance with applicable laws.  Where the country to which the data is being transferred is deemed not to have in place an adequate level of protection for the rights and freedoms of data subjects, additional safeguards such as GDPR standard contractual clauses have been implemented to ensure that your personal data is treated in a way that is consistent with and which respects applicable laws on data protection. 

HOW LONG WILL YOUR PERSONAL INFORMATION BE RETAINED?

Unless a specific retention period is mandated or permitted under applicable law, your personal information will only be retained for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which the personal data is being processed and whether those purposes can be achieved through other means, and the applicable legal requirements.

Generally, information relevant to our dealings with you is kept for up to 7 years once you have ceased being a customer. Exceptional circumstances will or may apply to customer service data where information may be kept for up to 10 years.

In some circumstances your personal data may be anonymized so that it can no longer be associated with you, in which case we may use such information without further notice to you as it is no longer personal data.

Once your personal data is no longer required for the purposes for which it was collected, including for the purposes of satisfying any legal, accounting or reporting requirements, your personal information will be deleted or securely destroyed in accordance with applicable laws and regulations.  For additional information on Dealer data retention, directly contact the authorized BMW dealership in your jurisdiction.

MARKETING AND PROMOTIONAL EMAILS

Information may be sent to you by email in response to your enquiries or your completion of a contact form on our website or in person.

Notices of our promotions or events which may be of interest to you will be sent to you, if you ask to receive them. If you have agreed to receive marketing information, you may always withdraw your consent at any time by clicking on the link provided within the marketing email.

Alternatively, you make withdraw your consent by making direct contact with the authorized dealership in your jurisdiction.

BMW CONNECTED DRIVE SERVICES

To enhance the BMW product and customer experience the Dealer shall also offer the Mobility Services, BMW 360° ELECTRIC and Connected Drive to you for purchase to the extent that BMW AG decides that such services be offered in your jurisdiction.  For the privacy policy applicable to BMW Connected Drive or other car-connectivity or Mobile-related services, please click the link below:- 

SECURITY OF YOUR PERSONAL DATA

Throughout the BMW Network the dealerships have implemented technology and security features to safeguard the privacy of your personal data from unauthorized access or improper use, destruction or disclosure, accidental loss, to ensure business continuity and disaster recovery and to restrict access to personal information and will seek to continue to enhance their security procedures as new technology becomes available.

YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION

Under applicable data protection laws throughout the Region, you have rights as an individual which you can exercise in relation to your personal information, which include:-

• The right to access your personal information – you have the right to request copies of your personal information that have been collected by the dealership;
• The right to rectification – you have the right to request the correction of any information you believe is inaccurate or complete any information you believe is incomplete.
• Data portability – you have the right to request that your personal information be transferred to another organisation or directly to you.
• Restriction of processing and objection – you have the right to object to the processing of your personal date and to request the restriction of the processing of your personal data.
• The right to not be subject to automated decision-taking – you have the right to object to any processing that results in a decision made about you which includes no human intervention.

If you would like to exercise any of these rights, please make direct contact with the authorized BMW dealership in the jurisdiction in which you are located.

You may also contact the relevant regulatory or supervisory authority in your jurisdiction for more information on your data subject rights. 

FEES

You will not usually have to pay a fee to access your personal data (or to exercise any of the other rights). However, a reasonable fee may be charged if your request for access is clearly unfounded or excessive. Alternatively, compliance with the request may also be refused in such circumstances.

What we may need from you?

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

CHANGES TO PRIVACY NOTICE

This privacy notice is regularly reviewed and we reserve the right to update this notice at any time and advice of any change to our Privacy Notice will be posted on this page. You may also be notified by the dealership in your jurisdiction in other ways from time to time about the processing of your personal data.