LEGAL AND OTHER POLICIES

ONLINE DATA PRIVACY POLICY

1. Policy Statement. Nissan Philippines, Inc. (“NPI” or “we”, “our”, “us”’) adheres to the general principles of data privacy and data protection and respects the rights of its data subjects. This Privacy Policy is intended to inform website visitors and individuals we interact with on social media (“you”) regarding our policies with respect to the collection, use, retention, and disclosure of personal data online.
2. Scope of Policy. This Policy covers processing activities on personal data disclosed to NPI on its website as well as on any of its social media accounts. When you engage with us on social media, such engagement will be subject to the privacy policies of these social media websites and applications.
3. Consent to the Privacy Policy. By clicking “I Agree”, you accept the policies and procedures that we employ in relation to the collection and use of any personal data that you may disclose through this website and through your interactions with us through social media. We may update this Privacy Policy from time to time as we improve our website and Services. We will notify you of any changes that would substantially affect your data privacy rights and ask for your consent to such changes.
4. Personal Information Controller. NPI operates the https://www.nissan.ph/ website. It is the personal information controller of any personal data that you may disclose through the use of this website and through any of your interactions with us through any of our social media accounts, which means that it determines the purposes for which your personal data is being collected and processed. It may also be that, with your consent, your personal data is disclosed to third parties pursuant to a data sharing agreement, in which case, such third parties are also the personal information controllers of your personal data.
5. Method of Collection
   1. Use of the Website. Information is collected through the use by the user of the website.  The general types of user information gathered are: anonymous information gathered from cookies and log files; information received from third parties; and/or personal data you provide NPI for certain services.
   2. Interaction on Social Media. When you interact with us through social media, you allow us ongoing access to personal data on your social media account which is visible to the public.
   3. Use of Third Party Websites. NPI may collect your personal data from third party websites which are not affiliated with or connected to NPI, whether directly or indirectly.
6. Categories of Personal Data Collected and Processed
   1. Anonymous Data Collected Through Cookies and Log Files. Cookies are data stored on the user’s computer hard drive which contain information about the user. Use of cookies is not linked to personal information, until information is supplied by the user. A user has the option to reject the use of a cookie or delete those already saved in the user’s computer.  However, rejection or deletion of cookies may result to limited use of some areas/functions of the website, such as inability to participate in promotional contests or receive notifications of offers. NPI likewise maintains standard web logs that record data about all visitors to the website. These logs may contain the following information:
      • The Internet domain from which the user accessed the site.
      • The User’s IP address which is automatically assigned to a specific computer once the computer is connected to the web.
      • The browser application and operating system used to access the site.
      • The date and time the user visited this site.
      • The pages viewed on the website.
      • The address of the website from which the User linked.
   2. Information obtained by NPI through the use of cookies to enable NPI to track and aggregate clickstream behavior data which will allow NPI to better target the interests of its users and enhance the overall experience on the website.
   3. NPI uses the information obtained from web logs and clickstream information to help it design the website, identify popular site features and to make the site more useful for visitors. Web logs are recorded in sequential files, and NPI does not normally attempt to identify individuals from these logs. However, the web logs may be used to identify persons attempting to break into, gain control, disrupt, or damage the website.
   4. Use of Services. In addition to the data collected through cookies and log files, we may also collect and process any personal data that you voluntarily disclose to us when you access any of our online Services. We collect varying categories of personal data depending on the Service you choose. These data will be used by NPI to address your questions or concerns.
   5. When you choose to contact us through our Contact Us form, we may collect the following data categories: Name, Type of Inquiry, Region, Province, Address, Contact Numbers, Email Address, Vehicle of Interest, and any information you may disclose in your message. These data will be used by NPI to address your questions or concerns.
   6. When you choose to contact us through social media, we may collect the following data categories: any personal data on your account or that which you share on our account which is visible to the public. When you contact us through private messaging, you will be asked to provide your Name, Contact Numbers, Email Address, and Location. We will also be collecting any information you may disclose in your message. These data will be used by NPI to address your questions or concerns.
   7. When you choose to avail of our Book a Mechanic Service through https://nissancommonwealth.com/book-service-appointment/, we may collect the following data categories: Name, Contact Number, Address, Email Address, Car Model, Car Variant, Plate Number, Mileage, Service Type, Region, Dealer, Date and Time of Service, Password.
   8. When you choose to purchase parts online on https://nissancommonwealth.com/service/#parts, we may collect the following data categories:
      1. Registration Form: Name, Plate/Conduction Sticker, Vehicle Identification Number, Email Address, Password.
      2. Billing Information: Name, Company, Address, Contact Number.
      3. Inquiry: Name, Contact Number, Email Address, Parts Name, Parts Number, Model Name, Model Year, Vehicle Identification Number, Engine Number, and any information that you may disclose in your message
   9. Payment is made through an external online payment facility, thus any credit card or other payment information that you may disclose is subject to the payment facility’s privacy policy.
   10. When you choose to purchase certified pre-owned cars, we may collect the following data categories: Name, Occupation, Address, Email Address, Cellphone Financing/Mortgage details, SSS or TIN. Where you log-in using your Facebook account, we will collect your public profile and your Email Address.
   11. When you choose to avail of any of our other online Services, we may collect any of the following data categories: Name, Email Address, Contact Number, Region, Province, Nearest Dealership, Vehicle of Interest, Date of Intended Purchase of Vehicle, Date of Intended Visit to Dealership, Chassis Number of your vehicle to deliver you those Services. Our other online Services include Service Campaigns, Book A Test Drive, Lead Ads, brochure and information requests, surveys and contests, site announcements, and special offers.
   12. Information Obtained From Third Parties.
   13. Advertising of NPI and NPI Products found at other non-NPI sites may be serviced by NPI service providers, who may use cookies to collect information about your visits to said non-NPI sites. NPI does not make an attempt to link this information to the identity of the User.
   14. Further, NPI may collect your personal data from third party websites which are not affiliated with or connected to NPI, whether directly or indirectly. For example, access to the NPI website or any of the services therein made by you through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” or “sharing” any part of the NPI website, such third party website may pass certain information about the User’s use of its service to the NPI website. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with NPI, and any information you have made public in connection with that service.
7. Purposes for Collection and Use. Your personal data will be used for the following:
   1. To give you a smooth and trouble-free experience in accessing and using the NPI website;
   2. To address your questions and concerns;
   3. To deliver your requested service;
   4. To deliver your requested product;
   5. To process payments for the requested service or product, where applicable;
   6. To communicate with you through any communication channel regarding any questions, concerns, or complaints that you may have in relation to your use of the website, availment of our services, and exercise of your data privacy rights;
   7. Improvement of our website and services;
   8. To conduct market research and analysis, such as surveys;
   9. To conduct direct marketing activities, such as e-mail announcements, contests, and other promotional activities;
   10. To generate leads for direct marketing purposes;
   11. To comply with statutory and regulatory requirements, including directives, issuances by, or obligations of NPI to any competent authority, regulator, supervisory body, enforcement agency, exchange, court, quasi-judicial body, or tribunal;
   12. To enable NPI to exercise sound corporate governance over its businesses, ensure that risks arising therefrom are duly identified, measured, managed and mitigated, and enhance risk assessment and prevent fraud;
   13. To conduct company audits or investigate a complaint or security threat;
   14. Other legitimate business purposes;
   15. Establish, exercise, or defend legal claims;
   16. Fulfill any other purposes directly related to the above-stated purposes.
8. Opt-Out. You may inform us of the specific personal information you do not want to be processed beyond the requested purpose. We will respect your request in so far as it is feasible to fulfill the purposes for which the personal data was collected. If you have previously provided NPI with your e-mail address and no longer wish to receive e-mail announcements, you can have your name removed from our e-mail list by sending an e-mail to nissancac@aac.com.ph; by calling us, or by sending regular mail through our contact details on the Contact Us page.
9. Disclosure to Third Parties. In order to provide you with excellent services and a better experience in using our website, your personal data may be disclosed to the following third parties:
   1. Service Providers. NPI makes use of the following service providers. Your personal data will be disclosed to them for processing only for the purpose for which they were contracted:
      1. Website Developer
      2. Social Community Management service provider
      3. Call Center
      4. Customer Leads Distributor
      5. Market Research Service Provider
      6. Cloud storage providers
      7. Legal and auditing services providers
      8. Other Information technology service providers
   2. Dealers. In order to address your requested service or concern, it is necessary for us to disclose your personal data to the dealer nearest you.
   3. Payment Partners. In order to process the payment of your requested products or services, it necessary for use to disclose your information to our payment partners.
   4. Law Enforcement, Regulatory Agencies, and other Legal Bodies. Your information may be disclosed where it is required to satisfy any applicable law, regulation, legal process or enforceable governmental request.
   5. Collaborations, Mergers, and Acquisitions. We reserve the right to transfer or assign the personal data we have collected from you in the event NPI enters into product and service collaborations with third parties, is acquired by, or enters into a merger with, a third party, or in the event we undergo any other form of reorganization. In certain limited circumstances, our business partners may have a contractual right to obtain a copy of your contact information and to contact you if NPI is unable to fulfill our contractual obligations to those parties.
   6. Other Disclosures. We may share your personal data when we believe in good faith that access, use, preservation or disclosure of such information is reasonably necessary to:
      • detect, prevent, or otherwise address fraud, security or technical issues,
      • protect against harm to the rights, property or safety of NPI, its clients or the public as required or permitted by law.
   7. NPI only shares your personal data with other entities or individuals outside of the company in limited circumstances. When information is disclosed to third parties or when the processing of personal data is outsourced by NPI to a third party, the processing will be subject to written agreements between NPI and the third parties processing the data, in accordance with the requirements of the Data Privacy Act of 2012. These written agreements specify the rights and obligations of each party and will provide that the third party has adequate security measures in place and will only process personal data on the specific written instructions of NPI.
   8. We will not sell, rent, share, trade, or disclose any of your personal information to any other party without your prior written consent, with the exception of entities within our company and any third-party service provider which we have engaged whose services necessarily require the processing of your personal data.
10. Data Retention and Disposal. We will retain your personal data for as long as you maintain an account on our website and as may be required by law. If your account has remained inactive for a period of three (3) years, we will notify you of such fact and ask you to verify within a specified period if you still wish to maintain your account with us. We will delete your account and your personal data should we receive no response after the lapse of said period. You may also, at any time, request for the deletion of your personal data by contacting us if you no longer wish to keep your account. We will promptly delete your data from our servers upon receipt of your request.
11. Security and Confidentiality of Information. NPI takes all reasonable precautions to protect your information, both while the information is being transmitted and after it is received by NPI. Unfortunately, no data transmission over the internet can be considered as 100% secure.  However, once the information has been received by NPI, it employs and observes security procedures and policies commensurate with industry standards to safeguard against loss, theft, unauthorized access, destruction, use, modification and disclosure.  NPI likewise safeguards your personal information from unauthorized access, through access control procedures, network firewalls and physical security measures. Further, NPI retains your personal information only as long as necessary to fulfill the purposes disclosed in this Privacy Policy or as maybe required by law.
12. Privacy Policies of Other Sites. This web site contains links to other sites. NPI is not responsible for the privacy practices of such other sites and or companies that NPI does not employ or manage, including third-party content contributors bound by contract and third-party websites to which the NPI website links. Users are urged and encouraged to exercise caution and be aware when they leave the NPI website and to read the privacy statements of each website that collects personal information. This Privacy Policy applies solely to information collected by NPI through this website, through social media, and those disclosed to us by third parties.
13. Rights of the Data Subject. Please be informed that you have the following rights under the Data Privacy Act of 2012:
    1. Access Personal Data. You may request access to any of your personal data held by the company, subject to certain restrictions. A request for disclosure of such information is called a subject access request. Any such requests should be addressed to the Data Protection Officer.
    2. Make Corrections to Personal Data. It is your responsibility to inform us of any changes to the personal data that you have supplied during the course of your engagement.
    3. Object to the Processing of Personal Data. You have the right to object to the processing of your personal data, including processing for direct marketing, automated processing, or profiling. You shall also be notified and be given an opportunity to withhold consent to the processing in case of changes or any amendment to the information supplied or declared to you in this Privacy Policy.
    4. Erasure or Blocking of Personal Data. You shall have the right to suspend, withdraw or order the blocking, removal or destruction of your personal information from our systems. Please note that depending on the type of personal information involved, you may be restricted from accessing any of our Services.
    5. Be Informed of the Existence of Processing of Personal Data. You have a right to be informed whether personal data pertaining to you shall be, are being or have been processed, including the existence of automated decision-making and profiling.
    6. Damages. Upon presentation of a valid decision, you have the right to be indemnified for any damages sustained due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data, taking into account any violation of your rights and freedoms as data subject.
    7. Lodge a complaint before the National Privacy Commission
    8. Contact Us. In case of complaints, concerns, or questions regarding our Privacy Policy or if you wish to exercise your data subject rights, you may address them to:
       NPI Data Protection Officer
       9th Floor Ecoprime Building, 32nd Street corner 9th Avenue Bonifacio Global City, Taguig City, Metro Manila Philippines
       (02) 8230-6000
       dpo@nissan.ph