This General Privacy Statement (“Statement”) describes how Lotus Cars USA, Inc. (“Lotus Cars USA”, “we”, “our”, or “us”) generally collects, uses, and discloses your personal information through your use of our various websites, mobile applications, and other online services (e.g., the online vehicle reservation service) or when you attend one of our vehicle events or roadshows.
Below is a description, relevant across all our services, of your privacy rights under relevant US state laws in connection with our processing of your personal information, as well as a general description of how we:
disclose your information to third parties;
protect your information;
process children’s information;
address Do Not Track;
make changes to our Privacy Statement and to Privacy Notices; and
can be contacted for more information or questions.
Our various privacy policies and notices do not apply to authorized Lotus Cars USA retailers or third parties to whom you directly give your information including, but not limited to, subscription services, insurance companies, or other third parties who may offer special rates or products to Lotus Cars USA customers. These entities are independent of Lotus Cars USA and responsible for their own collection of information. Please refer directly to those entities and their particular privacy policies for more information.
THE PERSONAL INFORMATION WE COLLECT ABOUT YOU
Personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal information about you which we have grouped together as follows:
Identity data such as first name, last name, username or similar identifier, title.
Contact data such as billing address, delivery address, email address and telephone numbers.
Financial data such as bank account and payment card details.
Transaction data such as details about payments to and from you and other details of products you have purchased from us.
Technical data such as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
Profile data such as your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage data such as information about how you use our website, products and services.
Marketing data includes your preferences in receiving marketing from us and your communication preferences.
We may also put your personal information into aggregated and anonymized form. Once anonymized, that data is no longer your personal information. However, if we combine or connect that anonymized, aggregated data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Statement.
We do not, via the website, collect any special categories of personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
Where we need to collect personal information by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
HOW WE COLLECT YOUR PERSONAL INFORMATION
We use different methods to collect personal information from and about you including through:
Direct interactions. You may give us your data by filling in forms on our website or by corresponding with us by post, phone, email or otherwise. This includes personal information you provide when you:
apply for our products;
create an account on our website;
make a reservation;
make a deposit using our “Pay by Card” option;
subscribe to our publications;
request marketing to be sent to you;
enter a competition, promotion or survey; or
give us feedback or contact us.
Automated technologies or interactions. As you interact with our website, we will automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal information by using cookies and other similar technologies.
Third parties or publicly available sources. We will receive personal information about you from various third parties and public sources as set out below:
analytics providers such as Google;
providers of technical, payment and delivery services such as Stripe.
We may record all calls made to or from our customer service telephone number.
HOW WE USE YOUR PERSONAL INFORMATION
We have set out below, in a table format, a description of all the ways we plan to use your personal information.
To register you as a new customer
To process and deliver your order including:(a) Manage payments, fees and charges(b) Collect and recover money owed to us
To manage our relationship with you which will include:(a) Notifying you about changes to our terms or privacy statement(b) Asking you to leave a review or take a survey
To enable you to partake in a prize draw, competition or complete a survey
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
To carry out incident investigation and management.
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
To make suggestions and recommendations to you about goods or services from Lotus Cars USA (including but not limited to service packs), or goods or services that may be of interest to you (including but not limited to, paint protection, tire protection, extended warranty, and gap insurance) from third-party providers, intermediaries, sales agents and any other providers
HOW WE SHARE YOUR PERSONAL INFORMATION
Below are ways in which we disclose your information and the purposes for which we do so that are common across all our services. To learn about additional disclosures of your personal information for our online vehicle reservation service, please visit our Online Reservation Privacy Notice.
We may disclose your personal information with the following parties for the following purposes.
LOTUS group companies: Our parent company, Group Lotus Limited, and group companies assist in our management of systems and data and may have access to data stored within those systems.
As a result of a change in our corporate structure: In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any part of our business, assets, or stock, we would disclose any personal information collected about you with third parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction. We would disclose personal information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings.
To prevent harm: We will disclose personal information if we believe it is necessary to detect, investigate, prevent, or act against illegal activities, fraud, or situation(s) involving potential threats to the rights, property, or personal safety of any person.
For legal purposes: We will disclose personal information where we are legally required to do so such as in response to court orders, law enforcement, or legal process, including for national security purposes; to establish, protect, or exercise our legal rights, as required to enforce our terms of service or other contracts; to defend against legal claims or demands; or to comply with the requirements of any applicable law.
Preferred authorized Lotus retailers: We will disclose personal information to your preferred authorized Lotus retailer if you use our online vehicle reservation service. For additional details, please visit our Online Reservation Privacy Notice.
With your consent: Apart from the reasons identified above, we may ask for your permission to disclose your personal information for a specific purpose. We will contact you and ask for your consent before you give us your personal information or before the personal information you already provided is disclosed for such purpose.
Service providers: We will disclose personal information to IT service providers, providing system administration, hosting and support services, authorized repairers, and other third parties under contract who help with our business operations (such as, but not limited to, email delivery, marketing communications, bill collection, payment processing, customer support services, delivery, and site analytics and operations).
Sales agents: Sales agents, such as third-party companies who act as sales agents delivering cars to customers who do not want home delivery, or authorized repairers undertaking warranty repairs (together “Lotus Centres”).
Professional advisers: Professional advisers including lawyers, bankers, auditors, vehicle warranty providers, intermediaries and insurers who provide consultancy, banking, legal, warranty cover insurance and accounting services.
YOUR PERSONAL INFORMATION PRIVACY RIGHTS
As a current or prospective customer, you have a number of rights with respect to your personal information collected by Lotus Cars USA. These rights, subject to applicable law, include:
Right to Access: You have the right to request what personal information we have collected, used, shared for a business purpose, and sold about you.
Right to Rectification: You have the right to correct inaccurate or incomplete personal information.
Right to Deletion: You have the right to request the deletion of some or all the personal information that we collected about you, for example where the information is no longer necessary for business purposes, subject to certain exceptions.
Right to Opt-Out of Sale or Sharing of Personal Information: You have the right to opt-out of the sale of your personal information by us to third parties for monetary or other valuable consideration. You also have the right to opt-out of the “sharing” of your information relating to online targeted advertising (or cross-context behavioral advertising).
Right to Object: You have the right to object to the processing of your personal information where Lotus Cars USA is relying on its legitimate interests as the legal ground for processing.
Right to Non-Discrimination: Lotus Cars USA will not discriminate against those who exercise their rights. Specifically, if you exercise your rights, we will not deny you goods or services, charge you different prices or rates for goods or services or provide you a different level or quality of goods or services. You are not obliged to provide the personal information as may be required by us. If you do not provide the information requested, we may be unable to process your requests or provide you with our products and services or information, sales and marketing materials.
To exercise your privacy rights, submit a request by e-mail at firstname.lastname@example.org or by calling us at +1 (888) 538-1910. You may only submit two privacy rights requests within a 12-month period. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
If you live in a state that gives you enhanced privacy rights – such as the California Privacy Rights Act (CPRA) - we will respond to all requests as required by law. If you live in a state that does not give you enhanced privacy rights, we will respond to all requests at our earliest opportunity.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Our products and services are not intended to be used by children. We do not knowingly solicit or collect any personal information about children under the age of sixteen (16) nor knowingly allow children to order our products, communicate with us, or use any of our online services or mobile applications. If a child has provided us with personal information, a parent or guardian of that child may contact us to have that information deleted from our records. If you believe that we might have any information from a child under the age of sixteen (16), please tell us using the Contact Information listed below. We will take all reasonable steps to delete the child’s information as soon as possible except where necessary to protect the safety of the child or others as required by law.
Lotus Cars USA does not have actual knowledge that it sells personal information of minors under the age of sixteen (16) years.
DO NOT TRACK
We respond to Do Not Track (DNT) signals. DNT is a preference you can set on your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser. For more information, visit: https://www.eff.org/issues/do-not-track.
CHANGES TO OUR PRIVACY STATEMENT AND NOTICES
Lotus Cars USA reserves the right to amend this Privacy Statement and each of our Privacy Notices at our discretion and at any time. If the changes allow us to use personal information in ways that materially affect your rights, we will post a special note on our digital platforms and, if required by law, will prompt you for your consent for certain changes. When we make changes to this Privacy Statement or any of our Privacy Notices, we will post the updated Privacy Statement or Privacy Notices and update the “Last Updated” date. Each version of this Privacy Statement and any of our Privacy Notices will be identified by their Last Updated date.
If you have any questions or comments about this General Privacy Statement or any of our Privacy Notices, please do not hesitate to contact us at: