LEGAL INFORMATION ON DATA PROTECTION.

The high standards that you require from our products and services are our guideline for handling your data. Our aim is to create and maintain the basis for a trusting business relationship with our customers and prospective clients. The confidentiality and integrity of your personal data is very important to us.

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WHO IS RESPONSIBLE FOR DATA PROCESSING?

The Bayerische Motoren Werke Aktiengesellschaft (Bavarian Motor Works plc), Petuelring 130, 80788 Munich, headquarters and register court: Munich HRB 42243 (hereinafter “BMW” or “We”) provides customers of BMW Welt and the BMW Museum with certain services, for example:

 

  • Vehicle delivery in BMW Welt
  • Experience opportunities
  • Event Services

And we are responsible for data processing in this context.

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WHEN DOES BMW COLLECT AND PROCESS PERSONAL DATA?

BMW collects and processes your personal data in the following cases (amongst others):

 

  • If you contact us directly, for example, via our website or via BMW customer care and you are interested in our products or services or have any other concerns.
  • If you buy services directly from us (e.g. admission tickets for the BMW Museum, Workshop Junior Campus).
  • If you request information about our products and services (e.g. BMW Welt newsletters).
  • If you respond to our direct marketing activities, such as filling out a response card at BMW Welt or if you enter your details online using one of our websites (www.bmw-welt.com).
  • If your personal details are transferred to us by BMW partners or third parties, if and insofar as the necessary data protection requirements are met, e.g. you have given your consent or you have not objected to the disclosure of your data to BMW for the purpose of customer service (e.g. to identify you in the case of contacting BMW customer service) and written discourse (e.g. sending the BMW Welt collection package after vehicle purchase) in the knowledge of a right of objection.
  • If your vehicle data (with the vehicle identification number) is transferred to us for delivery at BMW Welt as part of the supply of the vehicle.
  • If other BMW Group companies and our business partners provide us with data about you.

Please help us to keep your information up-to-date by informing us about changes in your personal data – your contact details, in particular.

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WHICH DATA CAN BE COLLECTED?

The following categories of personal information may be collected through the many services and contact channels described in this data protection notice:

 

  • Contact details ► Name, Address, Telephone Number, Email Address.
  • Interests ► Information provided by you about your areas of interest, such as vehicles you are interested in, your preferred BMW partner or branch, hobbies, and other personal preferences.
  • Additional personal information ► Information provided by you, such as your date of birth or vehicle history.
  • Contract data ► Customer number, contract number, booked BMW ConnectedDrive services.
  • Registration information ► The information and documents required for vehicle delivery or customs approval, such as an official registration plate to ensure delivery
  • Online Account Data ► Account information for ordering and purchasing of guided tour or entry tickets for BMW Welt or the BMW Museum
  • Use of websites and communication ► Information about how you use the website and whether you open or forward communications from us, including information collected through cookies and other tracking technologies. Further information can be found here in our BMW Cookie Policy.
  • Transaction and interaction data  Information on purchases of products and services, interactions with BMW Customer Care (your inquiries and complaints).
  • Credit assessment and identity details  Data to confirm your identity, such as a driver’s license or part 1 of your registration certificate, as well as information about transactions and any unpaid payments to us.
  • Information on vehicle functions and settings ►Information on the functions and current settings of your vehicle (identified by the vehicle identification number) e.g. BMW TeleServices, BMW ConnectedDrive services with BMW Online, and My Info or BMW CarData.
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WHICH DATA DO WE PROCESS AND FOR WHAT PURPOSE?

Data collected in connection with the conclusion of the contract or the provision of services will be processed for the following purposes. An explanation of the scope of the legal basis available can be found here.

 

A. Fulfilment of the contractual obligation in the context of vehicle sales (Art. 6 Para. 1 lit. b) of the GDPR)

 

BMW, BMW branches, and BMW partners collect, process, and use personal data as part of sales delivery processes.

 

As part of the sales process, personal data is used by BMW dealers and BMW branches to handle the purchase contract, conduct test drives, and provide information related to your vehicle purchase.

 

In the context of these activities, the following types of data are processed:

 

  • Contact details (surname, first name, address, email address etc.)
  • Account data (BMW ConnectedDrive or My BMW Account, bank details etc.)
  • Registration information e.g. for customs authorisations relating to vehicles that are transported abroad (such as the official registration plate)
     

BMW, BMW branches, and BMW partners use your personal data to address the execution of the contract (e.g. vehicle order, workshop/repair order, booking BMW ConnectedDrive services) or to handle any requests you have made (e.g. offer requests, test drive requests). For all other aspects of the contract or the settlement of a concern, we will speak to you without separate consent e.g. in writing, over the phone, via messenger services, or by email, depending on the contact details you provided.

 

As part of the provision of the vehicle for delivery, the relevant technical vehicle data is provided. This data is processed and used in the workshop by trained technicians to diagnose and correct any malfunctions. This technical data on the vehicle mainly consists of:

 

  • Vehicle master data (e.g. vehicle identification number, vehicle type, production date, vehicle equipment)
  • Vehicle condition data (measured values such as mileage)
  • Error memory entries (e.g. signs of a malfunction with the direction indicator)
  • Load configurations
  • Software versions
  • Service and workshop data (e.g. service requests, work performed, spare parts installed, warranty cases, workshop reports)
     

The above information may be accessed by BMW to assist with technical or other performance issues noted by BMW or BMW-authorised repair shops and BMW branches.

 

B. Fulfilment of the contractual obligation to provide experience opportunities (Art 6 Para. 1 lit. b) of the GDPR)

 

For the purpose of fulfilling the contract for experience opportunities concluded between you and BMW, BMW provides various services such as Junior Campus Workshop, BMW Welt guided tours, and tickets for the BMW Museum.

 

For the provision of these services, the following personal information is processed by BMW and commissioned service providers:

 

  • Contact details (surname, first name, address, email address etc.)
  • Business contact information (surname, first name, company, company address, business email address, etc.)
  • Account details (BMW Welt Online Ticketing Account, billing information etc.)

C. Fulfilment of the contractual obligation to provide Event Services (Art 6 Para. 1 lit. b) of GDPR)

 

For the purpose of fulfilling the contract for Event Services concluded between you and BMW, BMW provides various services such as the provision of the event location incl. technology or event planning.

 

For the provision of these services, the following personal information is processed by BMW and commissioned service providers:

 

  • Contact details (surname, first name, address, email address etc.)
  • Business contact information (surname, first name, company, company address, business email address, etc.)
  • Account details (billing information etc.)

D. Provision of customer experience offers within the areas of BMW plc (Art 6 Para. 1 lit. a) of the GDPR)

 

For the purpose of providing customer experience offers, BMW provides various services, such as a driving simulator in BMW Welt.

 

For the provision of these services, the following personal information is processed by BMW and commissioned service providers:

 

  • Contact details (surname, first name, address, email address, etc.)
  • Photographic material (e.g. video recordings)

E. Ensuring product quality and developing new products (Art. 6 Para.1 lit. f) of the GDPR)

 

Beyond the mere provision of services, the data collected is also processed to ensure the quality of BMW Group's products and services and to develop new BMW products and services. This processing serves the legitimate interest of BMW to meet the high customer demand for the already existing products and services and to be able to meet the future wishes of our customers through new products and services yet to be developed. The processing, which is in a form not directly traceable to the customer or the vehicle, is performed to protect the privacy of our customers.

 

F. Fulfilment of the sales, service and administration processes of BMW plc, national sales companies and authorised dealers (Art. 6 Para.1 lit. f) of GDPR)

 

In order to continuously optimize customer experience and cooperation with BMW dealers, we prepare evaluations and reports based on contract information, which we then share with responsible BMW dealer. These evaluations are primarily intended to initiate appropriate measures (e.g. training courses for sales staff) to improve the application and sales process. We will only prepare the reports described above in an aggregated and anonymized form, which means that the recipients of the reports will not be able to draw any conclusions about you as a person from the data contained.

 

Certain parts of the vehicle-specific data collected under A. are also processed to fulfill the service processes (such as repair, warranty, goodwill) of BMW plc, national sales companies, and authorized dealers. This processing is in the legitimate interest of BMW to offer our customers the best possible service process. From time to time, processing also takes place in connection with legal requirements (for example, repair and maintenance information due to competition law requirements). The processing of technical data takes place to protect the privacy of our customers and is essentially vehicle-related with no direct connection to the customer.

 

The following data categories are used for this:

 

  • Vehicle master data (vehicle type, colour, equipment, etc.)
  • Vehicle maintenance data (due date of next service, oil level, brakes, etc.)
  • Vehicle status data (mileage, battery voltage, door and flap status, etc.)

The technical vehicle data is deleted at the end of the vehicle's life cycle.

BMW plc is a member of the BMW Group. We partially process your data to make the administration of the various companies within the BMW Group as efficient and successful as possible. This applies, for example, to joint group accounting in accordance with international accounting standards for companies (such as the International Financial Reporting Standards - IFRS).

 

G. Customer care (Art. 6 Para. 1 lit. b, f) of GDPR)

 

BMW, BMW branches and BMW partners use your personal data to address the contract settlement (e.g. postponement of pick-up day or pick-up time) or handling of a request you have made (e.g. inquiries and complaints to BMW Customer Service). For all aspects of the contract or the settlement of a concern, we will speak to you without separate consent either in writing, by telephone, via messenger services, or by email, depending on the contact media you have specified.

 

H. Advertising communication and market research based on consent (Art. 6 Para. 1 lit. a) of GDPR)

 

If you have separately given your consent to further use of your personal data, your personal data may be used in accordance with the scope described in the consent, for example for advertising 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 is revocable at any time.

I. Fulfilment of legal obligations to which BMW is subject (Art. 13 Para. 1 lit. c, 6 Para. 1 lit. c) of GDPR)

 

BMW will also process personal data if there is a legal obligation to do so. This may be the case if we need to contact you because your vehicle is affected by a recall or a technical action.

 

Collected data is also processed in the course of securing IT systems operations. Securing is understood as the following activities:

 

  • Back-up and recovery of data processed in IT systems
  • Logging and monitoring of transactions to verify proper functioning of IT systems
  • Detection and prevention of unauthorised access to personal data
  • Incident and problem management for troubleshooting IT systems
     

Collected data is also processed in the context of internal compliance management, in which we check, for example, whether you have been sufficiently advised in the context of a contract and that the dealer has complied with all legal obligations.

 

BMW is subject to a variety of other legal obligations. To comply with these obligations, we process your data to the required extent and, if necessary, pass these on to the responsible authorities as part of legal reporting requirements.

 

If necessary, we will process your data in the event of a legal dispute should the legal dispute require us to do so.

 

J. Data sharing with selected third parties

 

Data is forwarded to the following companies, amongst others, if and insofar as the necessary data protection requirements are met:

 

  • To BMW Partners (e.g. to fulfill your request for a test drive or a service and make specific offers). Your requests will be prioritized to your chosen BMW partner - the one at which you have sourced products or services, the partner with whom you are in contact. If you do not have any known contact with a BMW partner, we will forward your request to a BMW partner in your region.
  • To BMW Partners for data to be updated e.g. your contact information. The data for this update will be forwarded to all BMW partners who have you on their address list.
  • To carefully selected and audited service providers and business partners with whom we work together to provide you with products and services. BMW plc only does this within the strict data protection requirements on behalf of, or on the basis of, your express consent (e.g. forwarding the BMW protection letter to the insurer, if you so desire).
  • On the sale of one or more business areas of BMW plc to a company to which we transfer our rights, in compliance with any agreements existing with you.
  • To other third parties (e.g. public bodies) insofar as we are legally obliged to.
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HOW LONG DO WE KEEP YOUR DATA?

We only retain your information for as long as necessary for the purposes for which we process your information. If we process data for multiple purposes, it will be deleted automatically or stored in a format that does not allow for direct conclusions about your person to be drawn once the final specific purpose has been met. To ensure that all your data is deleted in accordance with the principle of data minimisation, BMW has designed an internal deletion concept. The basic principles according to which this deletion concept provides for the deletion of your personal data are shown below.

 

Use for the fulfilment of a contract
In order to comply with contractual obligations, data collected from you may be kept for as long as the contract is in force and, depending on the nature and scope of the contract, for 6 or 10 years beyond the statutory retention requirements and for any requests after the contract has ended.

 

In addition, there are contracts for the supply of products and services that require longer retention periods. See also below: "Use for consideration of claims".

 

Use for consideration of claims
Any information which we deem necessary to investigate, defend, or prosecute you, us, or any third party, or make any claims, may be retained by us for as long as any such action is in place.

 

Use for customer care and marketing purposes
For customer care and marketing purposes, the data collected from you may be kept 3 years after the last contact, unless you wish for this data to be deleted and there are no contractual or statutory retention requirements that conflict with this deletion request.

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HOW IS YOUR DATA SECURED?

We secure your data according to the state of the technology. For example, the following safeguards are used to protect your personal information from misuse or other unauthorized processing:

 

  • Access to personal data is restricted to a limited number of beneficiaries for the stated purposes.
  • Collected data will only be transferred in encrypted form.
  • Sensitive data is stored only in encrypted form.
  • The IT systems for processing the data are technically isolated from other systems to prevent unauthorised access, e.g. to prevent hacking.
  • In addition, access to these IT systems is permanently monitored to detect and ward off misuse at an early stage.
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TO WHOM DO WE SHARE YOUR DATA AND HOW DO WE PROTECT IT?

BMW is a globally active company. Personal data is preferably processed by BMW employees, national sales companies, authorized dealers, and service providers commissioned by us within the EU.

 

If data is processed in countries outside the EU, BMW will ensure through EU Standard Contracts, including appropriate technical and organizational measures, that your personal data is processed in accordance with European data protection standards. If you would like to see the specific safeguards for the transfer of data to other countries, please contact us using the communication channels listed below.

 

For some countries outside the EU, such as Canada and Switzerland, the EU has already established a comparable level of data protection. Due to the comparable level of data protection, data transfer to these countries does not require any special approval or agreement.

 

Contact details, your data rights of persons affected, and your right to complain to a supervisory authority

 

If you have any questions about our use of your personal data, it is best to first contact BMW customer care – either by email at kundenbetreuung@bmw.de or by phone on +49 89 1250-16000 (daily from 8am to 8pm).

 

You can also contact the responsible data protection officer:

 

            BMW AG
            Datenschutzbeauftragter
            Petuelring 130
            80788 München
            datenschutz@bmw.de

 

As persons affected by the processing of your data, you may claim certain rights under the GDPR and other relevant data protection regulations. The following section contains an explanation of your rights according to the GDPR.

 

Rights of persons affected

 

According to the GDPR, you are entitled to the following rights in particular as an affected person:

 

Right of access (Art. 15 of GDPR): You may request information about the data we hold on you at any time. This information includes, but is not limited to, the categories of data we process and for which purposes we process them, the source of the data if we have not collected it directly from you, and, if applicable, the recipients to whom we have submitted your information. You can obtain a free copy of your data from us. If you are interested in further copies, we reserve the right to charge you for these.

 

Right to correction (Art. 16 of GDPR): You can ask us to correct your data. We will then take reasonable steps to keep your information up-to-date, and process it in a timely, complete, and accurate manner based on the most up-to-date information available to us.

 

Right to deletion (Art. 17 of GDPR): You can demand that we delete your data, provided that the legal prerequisites exist. This may be the case under Art. 17 GDPR if:

 

  • The data is no longer required for the purposes for which it was collected or otherwise processed
  • You revoke your consent, which is the basis of data processing, and lack any other legal basis for processing
  • You object to the processing of your data and there are no legitimate reasons for processing, or you object to the processing of data for direct marketing purposes
  • The data was processed unlawfully insofar as processing is not necessary
  • To ensure compliance with a legal obligation that requires us to secure your data
  • Especially regarding statutory retention periods
  • To assert, exercise, or defend legal claims.
     

Right to restriction of processing (Art. 18 of GDPR): You may ask that we restrict the processing of your data if:

 

  • You deny the accuracy of the data for the period which we need to check to verify the accuracy of the data
  • The processing is unlawful, and you refuse the deletion of your data and instead demand the restriction of its use
  • We no longer need your information, but you need it to enforce, exercise or defend your rights
  • You have objected to the processing, so long as it is not certain that our legitimate reasons outweigh yours
     

Right to data portability (Art. 20 of GDPR): We will transfer your data upon your request - as far as this is technically possible - to another person in charge. However, you are only entitled to this right if the data processing is based on your consent or is required to carry out a contract. Instead of receiving a copy of your data, you may also ask us to submit the data directly to another person in charge who you specify.

 

Right to objection (Art. 21 of GDPR): You may object to the processing of your data at any time for reasons that arise from your particular situation if the data processing is based on your consent or on our legitimate interests or those of a third party. In this case, we will no longer process your data. The latter does not apply if we can prove compelling legitimate reasons for the processing that outweigh your interests, or we need your data to assert, exercise, or defend legal claims.

 

Time limits for the fulfilment of the rights of persons affected

 

We make every effort to comply with all requests within 30 days. However, this period may be extended for reasons relating to the specific right or complexity of your request.

 

Restriction of information in the fulfilment of the rights of persons affected

 

In certain situations, we may be unable to provide you with information about all of your data due to legal requirements. If we must decline your request for information in such a case, we will inform you at the same time about the reasons for the refusal.

 

Complaints to regulators

 

BMW takes your concerns and rights very seriously. However, if you believe that we have not adequately complied with your complaints or concerns, you have the right to lodge a complaint with a competent data protection authority.

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