PRIVACY POLICY

MITSUBISHI MOTORS (THAILAND) CO., LTD
1. Our privacy statement

1.1 This privacy policy (“Privacy Policy”) describes how Mitsubishi Motors (Thailand) Co., Ltd. (hereinafter referred to as “MMTh”, “we”, “our” or “us”) collects, uses, stores, discloses and/or cross-border transfers Personal Data (as defined below) of the prospective customers or customers (“you” or “your”) in order to protect the privacy of your Personal Data.

1.2 This Privacy Policy applies to any online or offline communication channels where we collect your Personal Data, whether face-to-face, showroom, plants, our premises, events, by phone, call center, or online via emails or social media platforms (e.g., webpage, Facebook and Line), and other channels, such as in relation to our performance of services and provision of the products to you, including your use of the Smartphone Link Gateway for M Connect Application and/or other applications (“Application”), our website [https://www.mitsubishi-motors.co.th/th ] and/or other websites (“Website”), and other interactions between you and us (correctively referred to as “Channel”).

1.3 For the purposes of this Privacy Policy, “Personal Data” means personal data or individually identifiable information as defined by the Applicable Laws, including sensitive data (as defined below).

1.4 MMTh is committed to ensuring that your privacy is protected and to ensuring that your Personal Data is processed in accordance with applicable laws and regulations (as amended or replaced from time to time) protecting the privacy of Personal Data in the jurisdictions in which we operate and target (“Applicable Laws”). MMTh will only collect, use, store, disclose and/or cross-border transfer your Personal Data in accordance to this Privacy Policy.

1.5 Please read the following carefully to understand MMTh’s views and practices regarding your Personal Data and how we will process it. Certain information about you is necessary for our performance of services and provision of our products to you. If you do not agree to provide such information, we will not be able to provide you the services or products, and as a result, you may not be able to use or access all features and functionality of our services or products.

1.6 Our activities (including provision of services and products) are generally not aimed at minors, quasi-incompetents, or incompetent persons. Therefore, if you are under the age of 20 or the relevant age of majority in your territory of residence, quasi-incompetents, incompetent persons, or as the case may be unless otherwise permitted by law, and wishes to engage us for our service provision, use of our Application, or other services with us, you must obtain the consent of your parent or guardian prior to contacting us or providing us with your Personal Data. We do not knowingly collect Personal Data of minors under the age of 20 without their parental consent when it is required, or from quasi-incompetent persons or incompetent persons without their legal guardian's consent.

1.7 This Privacy Policy was last updated on [April 20th, 2020]. MMTh reserves the right, in its sole discretion, to modify, revise, delete and update this Privacy Policy from time to time. MMTh will use reasonable endeavors to notify you and in appropriate manner of any significant modifications to the terms of this Privacy Policy (e.g., by emailing to you the revised policy with a new effective date or by publishing the information about such modification on our Channel).

2. Personal data that we collect about you

We may collect or obtain the following types of information which may include your Personal Data directly or indirectly from you or other sources or through our parent company, parent company’s affiliates, parent company’s subsidiaries, affiliates and subsidiaries (“Group”), our authorized dealers, other companies, business partners (e.g., insurance company or financial institution), governmental agencies, or any other publically available source.

The nature of services you are requesting or the context of your interactions with us will determine the kind of Personal Data collected.

2.1 Information you give us: This includes information about you that you give us by communicating with us through our Channel. Such information may include, but is not limited to:

(a) Identification Information, such as your title, first name, family name, nick name, gender, age, date of birth, occupation, position in the company, details and/or copies of your national identification card, passport, house registration, and copy of your government identification, blood type, photo, signature, and any information that you choose to share with us which may be considered Personal Data;

(b) Contact Information, such as phone number, mobile number, fax number, address, postcode, email address, company email address, business phone number, business address (including city, postcode and country), and social media profile name (e.g., Facebook account name and Line ID);

(c) Financial Information, such as your salary, income range, pay slip, salary certificate, finance institute of your choice, and details under your credit facilities application;

(d) Vehicle related Information, such as information about the used car and new car, e.g., license plate number, chassis number, colour, model, engine power, manufactured year, miles record, information from vehicle sensors, and car insurance policy information;

(e) Service related Information, such as any information regarding the service purchased and/or used, service usage date, last service center used, demographic information, contact history (between you and MMTh), customer’s satisfactory of the service used or the car usage, and claim related information;

(f) Other Information, such as your comments, questions, inquiries and enquiries, complaints survey responds, preferences, interests or hobbies; and

(g) Sensitive Data, such as your religion contained in national identification card, ethnicity contained in identification documents, and biometric data (e.g. fingerprint, facial recognition, and iris recognition data);

2.2 Information MMTh collects about you: With regards to our performance of services, our provision of products, your interactions with our Channel or from other sources, we may automatically collect the following information:

(a) Identification information, such as the stills and moving footage, images, and/or voice;

(b) Geolocation information, of your mobile device and your vehicle (including longitude/latitude data, city and street location);

(c) Interests, such as your dealer of choice, favorite models, financial institution of choice, plans to purchase the vehicle, reasons for choosing specific model, and reasons for choosing any specific dealer;

(d) Behaviour information, such as any information regarding how you drive your car, information about your use of the Application (including date and time of use, page response times, download errors and information about what advertisements you viewed and other information we collect), information regarding the individual that performed activities or claims information in relation to the Channel, products and services;

(e) Technical information, such as the internet protocol address (IP address) used to connect your mobile device to the internet, your login information, operational data, operating platform type and version, time zone setting, cookies, pixel, traffic and security reports including information on the internet usage of the organization’s computer users (e.g., what websites were visited by each user, any documents downloaded, security incidents, prevention measures taken by the gateway and etc.), activity data relating to the publication of content, the creation of targets or the use of protected documents on the MMTh Website, such as altering a document’s permissions and information regarding the individual that performed the activity; and

(f) Cookies, when you visit the Website or Application, cookies are used to collect technical information about the services that you use, and how you use them. For more information, please see Section 5 of this Privacy Policy.

2.3 Personal information of other persons, such as your emergency contact, references, representative/agents, beneficiary, other drivers, guarantor, witness or counterparty which includes name and phone/mobile number of such person, and any other information relating to any individual which you have provided to us in any forms.

By providing other person’s Personal Data to us, you represent and warrant that you have the authority to do so and to permit us to use such Personal Data in accordance to this Privacy Policy. You are also responsible to provide this Privacy Policy for their acknowledgement and/or obtain consent where applicable or necessary.

Even if certain information under 2. are not Personal Data, however, when combining with other information or the related Personal Data, it could be used to identify you and deemed Personal Data as well. Therefore, we will treat this information with the same standard as the Personal Data. However, when we process anonymized data or in aggregated form which can no longer identify you, this Privacy Policy would not be applicable.

3. Why we collect, use, store disclose and/or cross-border transfer your personal data and on what legal grounds

MMTh, Group and third party who may be acting on our behalf may collect, use, store, disclose, and/or cross-border transfer your Personal Data described above based on (1) your consent; (2) contractual basis, for our initiation or fulfilment of a contract with you; (3) legitimate interest, for the purpose of our legitimate interests and the legitimate interests of third parties, to be balanced with your own interest and fundamental rights and freedoms in relation to the protection of your Personal Data; (4) our legal obligations to which we are subject; (5) vital interest, preventing or suppressing a danger to a person’s life, body or health; and (6) the reason for an establishment and defences of legal claims in the future, for the following purposes:

3.1 The purpose of which your consent would be required:

(a) Marketing and Communications: To provide marketing, re-marketing, communications, sales, special offers, promotions, notices, news, and information about other products and services, from MMTh, our Group, our authorized dealers, and/or business partners, where we cannot rely on other legal grounds; and

(b) Sensitive Data: To collect, use, store, disclose, and/or cross-border transfer your sensitive data for the purposes where consent is required by law, which is your religion contained in the national identification card, ethnicity contained in identification documents, and biometric data (e.g. fingerprint, facial recognition, and iris recognition data) for the purpose of authentication and verification.

Where legal basis is consent, you have the right to withdraw consent pursuant to the conditions provided in this Privacy Policy. The withdrawal of consent will not affect the lawfulness of the collection, use and disclosure of your Personal Data based on your consent before it was withdrawn.

3.2 The purpose that we may rely on other grounds for processing your Personal Data:

  • Product and service provision: to enter into a contract and to perform our contractual obligation with you; to provide services including sales of vehicle, use of the Application and Website; to book and provide you with our test drive services; to allow customer’s mobile application registration and usage; to provide you with personalized location-based services and content while using our Application (including GPS tracking); to allow you to use and access the functionality provided by the MMTh products; to assess your application for MMTh products, where applicable; to set up customer to use MMTh products; to provide you with car insurance policy; to liaise with or manage the car insurance premium payment and other insurance related services; to send reminding letter for car insurance policy renewal; to facilitate the credit facilities request process with the financial institution, leasing company, financial services provider ; discounts provision for used car trade-in when purchasing new car; disclosure of your Personal Data to service centers/ authorized dealers for provision of services; to provide road side assistance; to provide emergency care (e.g. in case of air-bag activation); to provide updates on the delivery of the products, including maintenance and car repairing reservation; to provide after-sale maintenance services; to provide service in relation to car-parts replacement; and to identify and verify a person prior to complying with data subject exercise of rights;
  • Provision of information: to provide information related to the our services', products', Website' and Application’s performances including problems such as bugs or connectivity issues, and to provide updates including any fixes; to respond to your inquiries and fulfil your requests, or to respond to your questions and comments; to send administrative information to you (e.g., changes in terms, conditions and policies); to understand feedback on MMTh products and help provide more information on the use of those products and services quickly and easily; to communicate with you in order to provide you with services or information about MMTh and MMTh products; to provide our quotation; and to provide vehicle’s information and vehicle’s maintenance records;
  • Business operation: to comply with our internal record keeping requirements about use of the Application to compile aggregate statistics or produce internal reports; to analyze and manage our businesses, and conduct market research, audits, identifying usage trends, determining the effectiveness of our promotional and advertising campaigns, gauging customer satisfaction; to enforce our terms and conditions; to conduct analysis statistical processing; to utilize your Personal Data for internal analytical purposes; to assess in-depth threat analysis; to effectively and efficiently manage and administer the operation of our businesses; to liaise with technical and warranty management, and informational management; to perform risk management, audit performance, and risk assessments; and to manage internal business for compliance with requirements, policies, and procedures;
  • Product/service development: to make improvements to our provision of services and products, including our Channel; to ensure that content from our Channel is presented in the most effective manner for you and your device; to develop new products, to enhance and tailor the Channel experience and content based on your past activities on our Channel; to generate demographic report and segmentation of customers for improvement of our business strategy; to generate dealer management system report for internal usage;
  • Marketing communication: to provide marketing, re-marketing, communications, sales, special offers, promotions, program, notices, news, updates, and information about other products and services, from MMTh, our Group, our authorized dealers, and/or business partners; to generate advertisement in internet based on customer’s interests/behavior; to generate personalized marketing strategy and advertisement; to generate advertisement from the cookies and pixel tracking; to record your stills and moving footage, images, and/or voice for creation of public relations and marketing materials, such as for post on social media or for live video; to conduct email/phone number target based marketing; to circulate events promotions and news; and to use your information for testimonial advertisement;
  • Communication with you: to understand your needs and interests; to conduct survey, to ask for your satisfactory with our services and products; to re-call replacement parts; to manage the customer appointment for service usage related communication; to fulfil service request and appointment confirmation; to communicate with you in regarding with insurance claim, campaign claim; to distribute letter to customer regarding warranty; to announce activity/prize winner on any platform; and to maintain record of activity/prize winner as an evidence;
  • Functioning and Administration of our Channel: to administer and operate our Channel, its functionalities and the services provided in connection with the Application and Website; to conduct ongoing review and improvement of the information provided on our Channel to ensure they are user friendly and to prevent any potential disruptions or cyber-attacks; to conduct statistical monitoring and analysis of current attacks on devices and systems; to administer and maintain database storing Personal Data; to monitor the use of our copyrighted materials; to conduct cookie tracking and monitoring internet usage behavior and history to record information for the proper functioning of our Channel and the products or services offered to you, audience measurement, use monitoring and security; and to continue monitoring the replaced car parts for a certain period, to ensure customer’s safety;
  • IT Management: For our own business management purpose including for our IT operations, management of communication system, operation of IT security and IT security audit; to conduct analysis required to detect malicious data and understand how this may affect IT system; to ongoing adapt of the solutions provided to secure devices and systems against current attacks; to offer optimal and up-to-date security solutions for mobile devices and IT systems; and update our security solutions;
  • Compliance of legal obligation: to process your Personal Data (including your crime and fraud prevention and related purposes) in accordance to legal obligation, right or duty under the applicable law, including laws outside your country of residence; to assess compliance with applicable laws, rule, regulations, and internal policies and procedures; and to comply with investigational purposes, as requested by governmental officials;
  • Protection of our rights and our interest: to protect our rights, property, safety or operations or those of any of our Group, you or others; to allow us to pursue available remedies or limit the damages that we may sustain; to enforce or apply the Application’s end user license agreement and other agreements or to investigate potential breaches of such agreements; and to establish, exercise or defend our legal rights or for the purposes of legal proceeding; and in the event of sale, transfer, merger, reorganization, or similar event we may transfer your information to third parties as part of that transaction;
  • Fraud detection: To verify your identity, and to conduct legal and other regulatory compliance checks and prevent fraud. This includes to perform internal audits and records, asset management, fraud database, system, and other business controls; and
  • Life: To prevent or suppress a danger to a person’s life, body, or health.
4. Disclosure of your personal data to third parties

4.1 We may share your Personal Data within the MMTh distribution network for the purposes described above. We will take steps to ensure that access to Personal Data is restricted to MMTh employees and/or representatives on a need-to-know basis.

4.2 We may also share your Personal Data outside of MMTh distribution network with the following parties, for the purposes set out in this Privacy Policy:

(a) Group: Parent companies, subsidiary companies, affiliates. As MMTh is part of a Group which all collaborate and partially share customer services and systems including website-related services and systems, we may need to transfer your Personal Data to, or otherwise allow access to such Personal Data by other companies within our Group for the purposes set out in this Privacy Policy. This will allow other companies within our Group to rely on consent obtained by MMTh;

(b) Business partners. To conduct business and services related to our business (e.g., insurance company, financial institution, leasing company, financial services provider). This include our partners from whom you purchased our products or services, or whom we may jointly offer products or services, or whose products or services may be offered to you;

(c) Authorized dealers and sale representative agencies. From time to time, MMTh will share Personal Data to our authorized dealers that you choose, or located near you, to serve you with our services;

(d) Service providers/ Suppliers/ Sub-contractors. We may use other companies, agents or contractors to perform services on our behalf or to assist with the provision of products and services to you. We may share your Personal Data to our service providers or third-party suppliers including, but not limited to (1) IT system service providers and IT support company; (2) analytics and research service providers e.g., Google Inc.; (3) companies who provide statistical analysis services; (4) survey agencies; (5) marketing, advertising media, designer, creative, and communications agencies; (6) campaign, event, and market organizers; (7) outsourced administrative service providers; and (8) data storage and cloud service providers;

(e) External advisors. This includes lawyers, technicians and auditors who assist in running our business or defending or bringing any legal claims;

(f) Third parties required by law. In certain circumstances, we may be required to disclose or share your Personal Data in order to comply with a legal or regulatory obligations. This includes any law enforcement agency (e.g., Department of Land Transport, Revenue Department, Office of the Consumer Protection Board), court, regulator, government authority or other third party where we believe it is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals’ personal safety, or to detect, prevent, or otherwise address fraud, security, or safety issues;

(g) Hospitals and emergency rescue. Your Personal Data may be disclosed in case of emergency for the protection of your own interest;

(h) Assignee of rights and/or obligations. Third parties as our assignee, in the event of any reorganization, merger, business transfer, whether in whole or in part, sale, purchase, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock or similar transaction; will comply with this Privacy Policy to respect your Personal Data;

(i) Other publicly available sources, such as website, advertisement and/or social media platforms; and

(j) Use of Firebase

The Application uses Firebase that is an analysis service provided by Google Inc. with registered office at 1600 Amphitheatre Parkway Mountain View, CA94043, US ("Google")

The information used here is subjected to analysis statistical processing and processed so that individuals can not be identified.

Firebase services that the Application uses is below.

Google Analytics for Firebase

Cloud Storage for Firebase

Firebase Authentication

Crashlytics

If you do not wish to use these services, opt-out the Firebase features you do not wish to use through the Application setting.

Please view the privacy notices of these third parties to understand how they will use your Personal Data.

https://firebase.google.com/terms/
https://www.google.com/policies/privacy/partners/
https://policies.google.com/privacy?hl

4.3 To the fullest extent permitted by law, MMTh excludes all liability arising from the use of your information by third parties. So, please view the privacy notices of these third parties to understand how they will use your Personal Data. MMTh shall, on request, confirm the name of each third party that Personal Data is, or will be, transferred to.

4.4 Except as set out in this Privacy Policy, we will not disclose, sell, distribute, rent or lease your Personal Data to third parties unless we have your permission or to complete a transaction for you. We do not share your Personal Data with third parties for their direct marketing use without your express consent.

5. Cookies

5.1 Cookies means a small text file that includes a small quantity of information sent to the browser of website users, by a web server, and stored on the hard disk drive of a computer for purposes of archiving, collecting navigation data for statistical analysis purposes, and offering users services related to their interests or location. 

When you visit our Channel, by accepting to collection of cookies, we collects certain information from you by using cookies regarding visitor browsing history, such information including number of pages visited, usage behavior and time spent on our Channel. The cookies we collect are used to provide necessary site functionality and to improve your online experience. 

To the extent that we collect Personal Data with the help of cookies, we will process them in accordance to this Privacy Policy.

5.2 How are they used. The cookies we collected on our Channel are used for the following purposes: to provide necessary site functionality and proper functioning of the products and services offered to you; to improve your online services; to perform audience measurement; to monitor security; to provide the most accurate advertisement, in line with your last visit; and to generate our own internal report, social media and other media channels advertisement accomplishment and/or successfulness. 

You can disable cookies setting by visiting your browser setting and configuring privacy setting to restrict any future collect of cookies.

6. International transfer of personal data

6.1 MMTh operates a global business and may transfer the Personal Data collected from you to our oversea related entities, Group, and franchisees in order to provide our services for the purposes set out above. It may also be necessary for us to disclose your Personal Data to third parties located overseas in connection with the purposes set out in this Privacy Policy. The countries to where we may transfer your Personal Data include but not limited to US, Japan and Singapore. Such disclosure or transfer may only be done by obtaining your consent, unless we have put in place a separate privacy policy regarding the sending or transferring of Personal Data to overseas personal data controller or personal data processor, and is in our Group, in order to jointly operate the business, providing that privacy policy has been reviewed and certified by the Office of the Personal Data Protection Committee or there are any other compelling legitimate grounds (e.g. to perform the contract terms between us and other persons for your benefit) as permitted by applicable laws for us to conduct without obtaining your consent.

6.2 Please be aware that those overseas countries, that from the standpoint of the data protection supervisory authority in Thailand, may not have an ‘adequate standard of protection’ as specified by the data protection supervisory authority in Thailand, although our collection, storage, disclosure and use of your Personal Data will continue to be governed by this Privacy Policy. If your Personal Data is transferred to destination countries where the standard of protection available is not sufficient under the Applicable Laws, we will take steps necessary to protect the Personal Data transferred to other persons internationally to reach the same level of protection as we provide with respect to your Personal Data, and in compliance with the Applicable Laws which is in effect at that time.

7. How long do we keep your personal data

MMTh will only retain your Personal Data for as long as reasonably necessary to fulfil our duties to achieve the purposes prescribed in this Privacy Policy. If a judicial or disciplinary action is initiated, your Personal Data may be stored until the end of such action, including any potential period for appeal, and will then be deleted or archived as permitted by Applicable Laws.

8. Security

MMTh has in place security measures to store all Personal Data collected and received securely. We use appropriate technical, organizational, administrative and physical security measures to protect your Personal Data contained in our system against the unauthorized or unlawful loss, access to, use, alteration, correction, accidental damage, and deletion of Personal Data. We will also review such measures when it is necessary, or when the technology has changed in order to efficiently maintain the appropriate security and safety. Once MMTh has received your Personal Data, we will use strict procedure and security features to try to prevent unauthorized access.

9. Your rights as a data subject

Under some circumstances, we may require you to prove your identity before complying with data subject exercise of rights, for your own privacy and security.

In accordance with the conditions set out under Applicable Laws, you have the following rights:

Subject to Applicable Laws and exceptions thereof, you may have the following rights to:

(a) Access: You may have the right to access or request a copy of the Personal Data we are collecting, using and disclosing about you. For your own privacy and security, we may require you to prove your identity before providing the requested information to you.

(b) Rectification: You may have the right to request for rectification of the incomplete, inaccurate, misleading, or not up-to-date Personal Data that we collect, use, store, disclose and/or cross-border transfer.

(c) Data Portability: You may have the right to obtain Personal Data we hold about you, in a structured, electronic format, and to send or transfer such data to another data controller, where this is (a) Personal Data which you have provided to us, and (b) if we are processing such data on the basis of your consent or to perform a contract with you.

(d) Objection: You may have the right to object to certain collection, use and disclosure of your Personal Data such as objecting to direct marketing.

(e) Restriction: You may have the right to restrict the use of your Personal Data in certain circumstances.

(f) Withdraw Consent: For the purposes you have consented to our collecting, using and disclosing of your Personal Data, you have the right to withdraw your consent..

(g) Deletion: You may have the right to request that we delete or de-identity Personal Data that we collect, use and disclose about you, except we are not obligated to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise, or defend legal claims.

(h) Lodge a complaint: You may have the right to lodge a complaint to the competent authority where you believe our collection, use and disclosure of your Personal Data is unlawful or noncompliant with Applicable Laws.

10. Channels and period for exercising rights of data subject

Rights

Channels for data subject to exercise its rights

period

Access

MMTh Call Center

30 days

Rectification

MMTh Call Center

7 days

Data Portability

MMTh Call Center

30 days

Objection

MMTh Call Center

30 days

Restriction

MMTh Call Center

30 days

Withdraw Consent

MMTh Call Center

7 days

Deletion

MMTh Call Center

30 days

11. Our contact details

If you wish to exercise your rights above, or if you have any queries, comments and/or questions about your Personal Data under this Privacy Policy, please contact us a

11.1 MMTh Call Center

• Address: 2525 FYI Centre, Floor 9, Rama IV, Khlong Toei Sub-District, Khlong Toei District, Bangkok, 10110 Thailand

• Contact Details:

o Phone number: 02-079-9500 (Available 24 hours daily, including weekend and national holidays)

o Email address: customer.plus@th.mitsubishi-motors.com

11.2 Data Protection Officer (DPO)

• Address: 2525 FYI Centre, Floor 9, Rama IV, Khlong Toei Sub-District, Khlong Toei District, Bangkok, 10110 Thailand

• Contact Details

o Email address: dpo.mmth@th.mitsubishi-motors.com