This privacy policy; in accordance with the Indonesian Personal Data Protection Law No.27/2022 (“Act”); sets out how Sime Darby Motors Sdn. Bhd. and its group companies including PT Performance Motors Indonesia and PT Performance Auto Selection (collectively, “Sime Motors”, “we”, “us” or “our”) use, process and protect any personal data that you provide to Sime Motors.

This privacy policy serves to inform you that your personal data is being processed by or on behalf of Sime Motors and applies to all personal data we collect from you.

1. What we collect

In the course of your dealings with us, your personal data is and will be collected from you through the Vehicle Sales Order/Retail Customer Order/Service Quotation/Repair Order/other relevant form(s) and/or from the information you have provided to us, your emails, in any correspondence with us which includes but not limited to communication through face to face, telephone, online, social media and any other media, third parties (such as banks, insurance companies, credit reference agencies), and/or as a result of our relationship with you.

We may collect the following information:

1. Name, national registration identity card, driving license, company name and job title.
2. Biometric data including but not limited to physical, physiological, or behavioral characteristics of individuals that allows unique identification of individuals, such as facial images, or dactyloscopic data. Biometric data, which is duly guarded and maintained, also indicates the uniqueness and/or characteristics of a person, including, but not limited to, fingerprint mapping, retina, scans, and DNA samples.
3. Contact information including address, phone number and e-mail address
4. Demographic information such as postcode, preferences and interests
5. Personal/financial information such as pay slip, religion, nationality, marital status, date of birth, age, hobby/interest
6. Other information relevant to motor vehicle purchase, customer surveys and/or others
7. Other information provided by you in your course of dealings with us in any way of manner, including pursuit of any transactions and/or communications made from/with us.

Provision of your personal data is voluntary. However, if you do not provide us with such required personal data, it may result in (i) us being unable to effectively render our services to you; (ii) us being unable to administer or continue to administer/perform any arrangement or contractual relationship in place between you and us; (iii) us being unable to process your personal data for any of the Purposes; and/or (iv) the termination of any arrangements/agreements/contracts between you and us, without any liability on our part (“Consequences” collectively).

2. What we do with the information we gather

We are processing your personal data to understand your needs and provide you with better service, and in particular for the following reasons (“Purposes”):

1. Inspection and/or registration of motor vehicle ownership at the relevant governmental and/or regulatory authorities including but not limited to Indonesian National Police and local government (or any other authorised vehicle inspection company);
2. Internal record keeping includes the updating of our after-sales service records of the motor vehicle. This relevant information will be used by us, our appointed after-sales service dealers, agents and/or sub-contractors to provide the relevant after-sales service and/or repair as well as to communicate with you on any matter relating to the provision of the service in general;
3. Improvement of our products and services;
4. Customisation of our website;
5. Activation of motor vehicle warranty with the relevant motor importers/distributors and/or relevant motor/manufacturer overseas and the activation of motor vehicle extended warranty with the relevant insurance company(ies);
6. Disclosure of your information to service providers, agents and/or contractors from time to time to help us to provide and market our products and services to you and you have the option to elect not to receive any direct marketing promotional information from us;
7. For statistical analysis and includes our disclosure of your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the services we provide; for administrative purposes and statistical analysis;
8. Disclosure of your information to banks, insurance companies and/or financial institutions for them to reach out to you on the exploration of possible financing and/or insurance arrangement(s) on your purchase of vehicle(s) from us;
9. Compliance with any legal requirements;
10. Marketing;
11. Provision of services and/or products to you;
12. Communicating with you;
13. Legitimate business activities; and/or
14. Market and development survey/research purposes in order to improve through quality assurance and improvement activities as a result thereof.

3. Protection of Personal Data

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information that we collect from you and via online.

We will not sell or lease your personal data to third parties unless we have your permission or are required by law.

4. Disclosure

We may share your personal data with third parties (i.e. our affiliates and brand principals), which may be located in or outside of Indonesia.

For purposes of easy reference, the third parties includes but not limited to the following:-

1. our group of companies, including affiliated companies and business partners.
2. our financial, professional or legal advisers.
3. our joint venture/business partners and third-party service providers, suppliers, vendors, contractors, Personal Data Processors or agents that provide related products and/or services in connection with our business, or discharge or perform one or more of the above purposes stated in this privacy policy and other purposes required to operate and maintain our business.
4. bank(s), insurance company(ies) and/or financial institution(s) for the purposes of applying and obtaining credit facilities, hire-purchase arrangement(s) and/or insurance policy(ies) for your purchase of vehicle(s) from us, if necessary.
5. our manufacturers and/or insurance companies, which will provide the necessary warranties and/or extended warranties (if any) for the vehicle.
6. our appointed after-sales service dealers, our agents and our sub-contractors to provide the relevant after-sales service and/or to repair the vehicle as well as to communicate with you on any matter relating to the provision of the service in general.
7. government agencies, law enforcement agencies, courts, tribunals, regulatory bodies, industry regulators, ministries, and/or statutory agencies or bodies, offices or municipality in any jurisdiction, if required or authorised to do so, to satisfy any applicable law, regulation, order or judgment of a court or tribunal or queries from the relevant authorities.

5. Retention and Disposal of information

In view that the ownership of a motor vehicle may remain with its owner and/or the use of a motor vehicle can be for any particular length of time, we will retain your personal data for the following time duration and will dispose of the same thereafter.

1. Up to four (4) years after the expiry of the maximum warranty period or extended warranty period (as the case maybe) of the vehicle/parts fitted in the vehicle from the date:
   1. of the motor vehicle is registered into your ownership; or
   2. when any other party informs us that he/she/they is/are the new owner of the motor vehicle;
2. Up to four (4) years after the expiry of the maximum warranty period or extended warranty period (as the case maybe) of the vehicle/parts fitted in the vehicle from the:
   1. date the motor vehicle warranty is activated with the motor manufacturer overseas and/or the date the motor vehicle extended warranty is activated with the insurance company(ies); or
   2. last date the motor vehicle was sent to our after-sales service centre/workshop for service and/or repair works;
3. Up to four (4) years from the date when the vehicle was sent to our after-sales service centre/workshop for servicing in cases where there are no parts warranty applicable.
   1. two (2) years from the date you submit your information and/or details to us (other than for the purposes of vehicle purchases and/or aftersales services) through submission via our website and/or any other platforms such as social media etc and/or our consent form(s) when you visit us and/or our appointed sales and/or after-sales dealer(s) or such time when you withdraw the consent, whichever comes first;
   2. Two (2) years from the date of vehicle test drive being conducted with you;
   3. any period as may be required by applicable laws or regulations.

6. Access and Correction of your personal data

Subject to the provisions of the Act, you have a right to:

1. request a copy of your personal data we hold about you (for which we may charge fee as permitted by applicable laws, including, but not limited to the use of electronic signatures, or physical documents for wet signatures, if necessary) for granting you access to your information. If you wish to exercise this right, you may put your request in writing by emailing to customercare@bmw-performancemotors.co.id to request for such access or if necessary, to obtain the form for completion of the details therein and upon completion of the said form, to email it back to customercare@bmw-performancemotors.co.id; and/or
2. correct any inaccuracies in or update your data. If you wish to exercise this right, you should put your request in writing by emailing to customercare@bmw-performancemotors.co.id to request for such correction and/or update or if necessary, to obtain the form for completion of the details therein and upon completion of the said form, to email it back to customercare@bmw-performancemotors.co.id.

We will reply to you within three (3) calendars days from our receipt of your aforesaid request, either by way of post to the address mentioned in paragraph no. 14 below or email to the email address mentioned in paragraph no. 14 below.

We may refuse to comply with a data access request or a data correction request and shall, by notice in writing, inform you of our refusal and the reasons of our refusal.

7. Your rights

In addition to the above, subject to the provisions of the Act, you also have the right to:

1. request us to limit the processing and use of your personal data;
2. request us to cease or not begin processing your personal data for any direct marketing and promotional materials purposes. If your objection is not to direct marketing in general, but to direct marketing by a particular channel (e.g. sms, e-mail or telephone), please specify the channel you are objecting to; and/or
3. by notice in writing, inform us on your withdrawal (in full or in part) of your consent given to us to process your personal data, subject to any applicable legal restrictions, contractual conditions and reasonable duration of time for the withdrawal of consent to be effected;

by contacting us in the manner as described in paragraph 14 below.

If you limit the processing or withdraw your consent to any or all use of your personal data, it may result in any of the Consequences (as specified in paragraph 1 above).

8. Other Privacy Policies

You may visit our website, during which you may access links or functions located within our website provided by any other independent businesses. Any such independent businesses shall have their respective specific privacy policies in relation to their respective processing, use and retention of your personal data. Please refer, read and understand their respective specific privacy policies (“other privacy policy(ies)”) as your personal data will be governed by the terms and conditions of the other privacy policy(ies).

By virtue that the other privacy policy(ies) are controlled by such other independent businesses, we:

1. have no control nor the ability to control/influence how such other independent businesses use, manage and/or retain your personal data.
   1. shall not be held responsible for such other independent businesses in relation to their processing, use and/or retention of your personal data.
2. Personal Data of other persons

9. Personal Data of other persons

We may require your assistance if the personal data of some other person(s) is required to process your personal data for the Purposes and you hereby agree to use your best endeavours to assist us when required.

In the event that personal data of any third party is supplied by you to us, you shall ensure that such third party has read this policy and consented to us collecting his/her personal data for any of the Purposes prior to the supply of his/her personal data to us.

10. Submission of your personal data on behalf

Where another person is providing/submitting any of your personal data to us, you agree that you have authorised the disclosure of your personal data to us and consented to the processing of your personal data by us in accordance with this privacy policy.

11. Data transfer out of Indonesia

We may transfer your Personal Data to our affiliates, principals, manufacturers and/or service providers outside Indonesia. You agree and acknowledge that the country of domicile of the recipient may not have a Personal Data Protection level that is equal to or higher than the Indonesian Personal Data Protection Law No.27/2022 and you hereby give your approval for the transfer of your Personal Data outside Indonesia.

12. Personal Data to be accurate, complete and up to date

You are responsible for ensuring that the personal data you provide us is accurate, complete, not misleading and is kept up to date.

13. Conflict

In the event of any conflict between the English version of this privacy policy with a version translated in another language, the English version will prevail.

14. Inquiries and complaints

If you have any queries or comments in respect of your personal data, you may contact us by sending us an email or writing to us as follows:

Designation: Data Protection Officer

Email-Address: customercare@bmw-performancemotors.co.id

Postal/Correspondence Address: Thamrin Plaza (previously Plaza Galeon) Lantai Dasar, Jalan MH Thamrin Kav.8-9, Kelurahan Kebon Melati, Kecamatan Tanah Abang, Kota Administrasi. Jakarta Pusat, Provinsi DKI Jakarta (Head Office)