Privacy Notice – Consumer surveys

Effective from: 2021-12-06

Published at: 2021-12-06

This document describes how Volvo Cars (as defined below) processes your personal data when you engage with one of our consumer surveys (hereinafter “Consumer Survey”).

You can find below:

1. Who we are

The entities that are jointly responsible for the processing of personal data in relation to the Consumer Surveys are Volvo Car Corporation, having its registered office at Assar Gabrielssons Väg, 40531 Gothenburg, Sweden, company registration number 556074-3089, and Volvo Car Malaysia Sdn. Bhd., having its registered office at 25th Floor, Menara Hong Leong, 6 Jalan Damanlela, Bukit Damansara, 50490 Kuala Lumpur, Malaysia [Registration No. 199901007530 (482430-K)], hereinafter referred to as “Volvo Cars”, “we”, or “us”.

2. What personal data we collect and why

When you interact with our Consumer Survey, we will process the following categories of data about you:

Identifiers such as name, e-mail address, telephone number, salutation, age, gender, postal code, and city. We process this data in order to send the Consumer Survey and assess consumer performance by segmentation. The data is processed based on our legitimate interest to improve the business purpose and customer experience that your survey response concerns (Art.6(1)(f) GDPR).
Your Vehicle data such as vehicle type, Vehicle Identification Number (VIN), and registration number (REG). We process this data based on our legitimate interest to assess field action and warranty performance (Art.6(1)(f) GDPR).
Contract type, subscription number, vehicle relationship (contract/sales type starting and end date). We process this data in order to send the Consumer Survey and assess consumer performance by segmentation allowing us to improve the overall business operations and the consumer experience. The data is processed based on our legitimate interest to improve the business purpose and customer experience that your survey response concerns (Art.6(1)(f) GDPR).
Opening/clickthrough rates. We process this data for statistical analysis and range measurement, and to understand the interests of our consumers. For this analysis, the e-mail invites contain so-called web beacons or tracking pixels, which display single-pixel image files that are also embedded in our website, where we ask for your consent in order to deploy those. The data is processed based on our legitimate interest to understand overall survey performance and survey interaction (Art. 6(1)(f) GDPR).

Your personal data is and will be collected from the information/forms submitted or filled in by you or on your behalf to us and from any information we may obtain about you from oral or written communications.

We will identify the categories of personal data that are mandatory to be provided by you with an asterisk (*) (collectively, “compulsory personal data”). We may refuse to process the personal data for any of the purposes above if you fail to supply the compulsory personal data.

When you provide personal data relating to a third party, you must ensure that such third party has read this privacy notice and consented to Volvo Cars collecting the third party personal data for any of the purposes prior to the supply of such third party personal data to us.

3. How long we keep your data

Your survey feedback responses will be kept up to five (5) years from the time you submit your response, after which time it will be anonymized.

In order to keep your responses secure, the invitation for feedback provides you with an individualised questionnaire that no other person can access. The survey web site and our data storage facilities have security measures in place to protect the loss, misuse, and alteration of the information under our control.

Only certain employees have access to the personal information you provide us. They have access only for case handling, data analysis and quality control purposes.

4. Who we share your personal data with

We will share your personal data with the following categories of third parties, on a need-to-know basis:

Our processors supporting our activity in general, such as providers of IT solutions;
Our processors supporting delivering the Consumer Surveys, which are limited by contract in their ability to use your personal data for any purpose other than to provide services for us in compliance with each data processing agreement in place:
- Medallia, Inc (EU, United States) – customer experience management.
Our business partners and service providers such as service provider which conducts analysis and processes improvement in respect of customer experience.

Your personal data will be disclosed to and processed by your selected retailer (if applicable) and companies within the same group of companies as Volvo Cars group. We may transfer your personal data to a place outside of Malaysia which may have differing data protection laws and you hereby consent to the transfer.

5. Your rights in relation to the data processing we perform

As a data subject you have specific legal rights granted by the General Data Protection Regulation relating to the personal data we process about you. These are briefly explained below, and you can exercise them by filling out the dedicated form indicated below.

Right to withdraw consent: Where you have given consent for the processing of your personal data, you may withdraw your consent at any moment with effect for the future.
Right to access your personal data: You may ask from us information regarding personal data that we hold about you. We will provide you with a copy of your personal data upon request. If you request further copies of your personal data, then we can charge you with a reasonable fee that we base on the administrative costs. You have the right to the information about our safeguards for the transfer of your personal data to a country that is outside the EU and the EEA if you request that we confirm whether or not we process your personal data, and we transfer your personal data to a country that is outside the EU and the EEA.
Right to rectification: You may obtain from us rectification of incorrect or incomplete personal data concerning you. We make reasonable efforts to keep personal data in our possession or control which are used on an ongoing basis, accurate, complete, current and relevant, based on the most recent information available to us.
Right to restriction: You may obtain from us restriction of processing of your personal data, if:
1. you contest the accuracy of your personal data, for the period we need to verify the accuracy,
2. the processing is unlawful and you request the restriction of processing rather than erasure of your personal data,
3. we do no longer need your personal data for the processing purpose but you require them for the establishment, exercise or defense of legal claims, or
4. you object to the processing while we verify whether our legitimate grounds override yours.
Right to portability: You have the right to receive your personal data that you have provided to us, and, where technically feasible, request that we transmit your personal data (that you have provided to us) to another organization, if:
1. we process your personal data by automated means;
2. we base the processing of your personal data on your consent, or our processing of your personal data are necessary for the execution or performance of a contract to which you are a party;
3. your personal data are provided to us by you; and
4. your right to portability does not adversely affect the rights and the freedoms of other persons.
You have the right to receive your personal data in a structured, commonly used and machine-readable format. Your right to receive your personal data must not adversely affect the rights and the freedoms of other persons. Your right to have your personal data transmitted from us to another organization is a right you have if such transmission is technically feasible.
Right to erasure: You have the right to request that we delete the personal data we process about you. We must comply with this request if we process your personal data, unless processing is necessary:
1. for exercising the right of freedom of expression and information;
2. for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject;
3. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes; or
4. for the establishment, exercise or defense of legal claims.
Right to object: You may object – at any time – to the processing of your personal data due to your particular situation, provided that the processing is not based on your consent but on our legitimate interests or those of a third party. In this event we shall no longer process your personal data, unless we can demonstrate compelling legitimate grounds and an overriding interest for the processing or for the establishment, exercise or defense of legal claims. If you object to the processing, please specify whether you also wish the erasure of your personal data, otherwise we will only restrict it. You also have the right to object at any time, regardless of any reason, to the processing of your personal data for direct marketing (which includes profiling to the extent that it is related to such direct marketing), if such processing was based on our legitimate interest. If the marketing was based on your consent, you can withdraw consent (see above).
Right to lodge a complaint: You can lodge a complaint to your local data protection supervisory authority or with any other data protection authority in the EU. However, we will appreciate if you first contact us to try and solve your problem – you can find our contact details below.

You can exercise your rights in relation to us by filling out this form which will help us to deal with your request properly. The online form contains the information that we need to verify your identity and review your request. For requests submitted by telephone or email, you will need to provide us with sufficient information that allows us to reasonably verify that you are the person whose personal data we collected and describe your request in sufficient detail to allow us to properly evaluate and respond to it. If we are not able to verify your identity for access and deletion requests with the information provided, we may ask you for additional pieces of information.

You can exercise these rights in relation to all of the joint controllers mentioned in this notice.

You have specific legal rights granted by the Malaysian Personal Data Protection Act 2010 (“MY PDPA”) relating to the personal data we process about you if MY PDPA applies to you or the processing of your personal data by Volvo Cars. Such rights include (subject to the MY PDPA):

Right to access and correct your personal data: You have the right to request access to and to request correction of your personal data subject to the following: (i) you may make a data access request [upon payment of a prescribed fee (if any)] or a data correction request in writing to us; and (ii) we may refuse to comply with your data access request or a data correction request pursuant to the MY PDPA and shall, by notice in writing, inform you of our refusal and the reasons of our refusal.
Right to prevent processing for purposes of direct marketing: You may, by providing us a notice in writing, request us to cease or not begin processing your personal data for purposes of direct marketing subject to a reasonable duration of time for the request to be effected.
Right to withdraw consent: You may by notice in writing withdraw your consent to the processing of your personal data.
Right to make a complaint: You can make a complaint to the Malaysian data protection authority/commissioner in accordance with the MY PDPA. However, we will appreciate if you first contact us to try and solve your concern – you can find our contact details in section 6 below.

You may also contact Volvo Cars with any inquiries or complaints in respect of your personal data or to exercise your rights (you can find our contact details in section 6 below). If you limit the processing or withdraw your consent to any or all use of your personal data, we may not be in a position to continue to administer any arrangement or contractual relationship in place, which in turn may result in: (i) us being unable to (continue to) process your personal data for any of the purposes specified in this privacy notice or provide you access to, or with any of, our services/products; and/or (ii) the termination of any arrangements/agreements you have with us.

6. Contact information

In order to exercise your rights or if you have any other questions regarding the subject matter of personal data protection, you can contact us at the contact details as follows:

Company: Volvo Car Malaysia Sdn. Bhd.

Designation: Customer Care Manager

Postal address: Lot 01-13A, 13A Floor, Menara Symphony, No. 5, Jalan Prof. Khoo Kay Kim, Seksyen 13, 46200 Petaling Jaya, Selangor, Malaysia

Email: mycare@volvocars.com

Telephone No: 1800-88-1728

You can also contact the Volvo Car Corporation Data Protection Officer as follows:

Company: Volvo Car Corporation

Postal address: Volvo Car Corporation, Assar Gabrielssons Väg, SE-405 31 Gothenburg, Sweden

Email: globdpo@volvocars.com

7. Changes to our Privacy Notice

We reserve the right, at our discretion, to modify our privacy practices and update and make changes to this privacy notice at any time. For this reason, we encourage you to refer to this privacy notice on an ongoing basis. This privacy notice is current as of the date which appears at the top of the document. We will treat your personal data in a manner consistent with the privacy notice under which they were collected unless we have your consent to treat them differently.

8. Language

This privacy notice is drafted in the English and Bahasa Malaysia language. In the event of any inconsistency between the English version and the Bahasa Malaysia version of this privacy notice, the English version shall prevail over the Bahasa Malaysia version.