Notice of Processing of Personal Data

Nissan Motor (Thailand) Co., Ltd. (“Nissan”), as a data controller, is bound by the recently enacted Personal Data Protection Act B.E. 2562 (2019) (“PDPA”). In our collection, storage, use and disclosure (together the “Data Processing”) of Personal Data of individuals including customers, potential customers, car users, vendors, dealers, business partners or individuals who are the agents or involves with  such persons, visitor, or visitor of Nissan’s website (“Data Subject”), which is under Nissan’s possession, Nissan is required to comply with PDPA, including the obligation to notify the data subject of his legal rights pursuant to this document, and for certain cases, obtaining consent from data subject.

1. Type of Personal Data Collected by Nissan
“Personal Data” refers to any information relating to a person, which can identify such person. Depending on purposes of use. Nissan may collect various types of your Personal Data including:

• Identifiable information (e.g. date of birth, details of identification card, passport or official identification card, and driver license)
• Name, address and contact details (e.g. name of the person who is assigned to contact with Nissan, telephone number, email, and fax number)
• Vehicle information and driving behavior of Data Subject
• Personal status information (e.g. age, gender, marital status, and occupation)
• Financial information (e.g. payment details, your Nissan account information, or financial status
• Information of the activities relating to car purchase (e.g. financial credit, insurance, and other after-sales services)
• Information about your satisfaction on our products and services
• Information relating to computer devices and programs used by data subject including IP address, types of browser, language, operating system, application, website usage history and Cookies
• Pictures and video including surveillance camera footage.
  

2. Nissan’s Collection of Personal Data
Nissan may collect Personal Data directly and indirectly from data subject, his representative or other related persons, through Nissan’s business partners, financial institutions, Nissan’s services channel including authorized dealers, telephone services, emergency services, and digital services (including website, application, and social medias) as well as other reliable sources (such as association, governmental organization, governmental body, private organization, seminars, training workshops, exhibitions, sales promotion activities) organized either by Nissan, governmental or private sector.

3. Purpose of Use and Disclosure
Nissan will use and disclose your Personal Data for the following purposes:

3.1    Direct or indirect performance of its contractual obligations including car reservation and after-sales activities pursuant to contract;

3.2    Nissan’s or Nissan’s affiliate’s (i.e. Nissan Motors Japan and other affiliates) business operations where it has a legitimate interest and data subjects’ fundamental rights are not overridden, such as, internal management and audit of Nissan or within Nissan Group, sale of shares or transfer of business which require the disclosure to potential buyer;

3.3    Process of any applications and requests of Data Subject, such as, disclose the Personal Data to insurance agents and/or insurance companies who participate in Nissan’s sale promotion for the purpose of entering into an insurance agreement, or disclose the Personal Data to financial institutes or companies providing financial credit who participate in Nissan’s sale promotion for the purpose of credit analysis and credit approval in order to entering into any financial credit related agreement;

3.4    Marketing activities and communication to offer our products and services including to improve, develop and maintain the quality of Nissan’s products and services;

3.5    For business communication;

3.6    Ensuring the security and safety measure of Nissan such as, verification of visitor, entrance control, or record of surveillance camera footage;

3.7    Ensuring that the content on Nissan’s website will be provided to you and efficiently shown on your electrical devices;

3.8    Process and receipt of payments;

3.9    Audit, report and prevention of financial crime or forgery;

3.10    Market research and research for the development of services for preparing research reports;

3.11    Inspection, analysis, and preparation of documents upon request of governmental organizations and regulatory bodies;

3.12    Compliance with applicable laws;

3.13    Invitation to training courses, seminars, receptions, or any other events organized by Nissan, including evaluation of event attendees and activities of Nissan; and

3.14    Invitation to training courses, seminars, receptions, or any other events organized by either government or private sector.

In the event where the authorized dealer of Nissan processes the Personal Data on behalf of Nissan, such processing will be governed by Nissan’s privacy policy and pursuant to the data processing agreement between such authorized dealer and Nissan. In this case, the use of Personal Data will be in accordance with the specific purposes as specified in the agreement, the consent obtained from data subject, or as required by the laws.

In the case where Nissan appoints third party service provider(s) to process your Personal Data, Nissan will process your Personal Data for the purposes of performing Nissan’s contractual obligations, compliance with legal obligations, based on Nissan’s legitimate interests or based on your consent (if necessary). Nissan will not disclose or permit the disclosure or make available your Personal Data other than in accordance with the relevant ground unless a prior consent of data subject has been given to Nissan or PDPA allows Nissan to do so without obtaining consent from data subject.

If any data subject could not share Personal Data necessary for Nissan to process Personal Data based on the ground specified above, Nissan will not be able to perform its contractual obligations with such subject matter nor able to comply with legal obligations.

Nissan will process Personal Data in strict compliance with applicable laws. In case where you have given a consent to any data processing activity, you may withdraw your consent at any time.

4. Disclosure of Personal Data
Nissan will not disclose your Personal Data without any legal basis. Your Personal Data may be disclosed or transferred to third parties including:

• Nissan’s affiliate both in Thailand and other countries;
• Nissan authorized dealers in relation to the sale of Nissan car and other products of Nissan, or provide after-sale services;
• Business partners who participate in sale promotion of Nissan;
• Other data controller to whom you have previously requested to disclosed or transferred data;
• Third-party service providers of Nissan’s business operation and/or management of Nissan including market research service provider, product and services advertisement service provider, and after-sale service provider (e.g. call center, emergency services, and insurance provider);
• Supplier of Nissan car or other products;
• Other vendors, such as security provider and logistics provider;
• The official authority or independent authority such as association, to which we have a legal obligation to disclose your Personal Data in order to comply with any applicable laws; and
• Professional financial, taxes and legal consultants, and auditors.

In the event where Nissan is required to disclose your Personal Data to a third party, Nissan will follow appropriate procedures to ensure that the third party will properly handle your Personal Data in order to prevent data loss, unauthorized access, improper use, modification, disclosure or processing.

5. Retention Period
Nissan will retain your Personal Data so long as it is necessary for the purpose of data processing. After that, Nissan will erase and destroy your Personal Data, except as may be required by applicable laws or for protection of Nissan’s interest. In general, Personal Data will be kept for a maximum period of 10 years or otherwise longer if it is specifically provided by law.

6. Right of Data Subject
In exercising any right under this Clause 6, data subject shall comply with criteria and procedures specified in Clause 7 of this document. However, the rights specified in this Clause 6 are subject to change as the relevant law may be amended from time to time by the government. Nissan will inform you about the changes.

6.1    Right to be notified: if Nissan wishes to collect, store, use or disclose your Personal Data in any manner beyond the intended purposes or your given consent, Nissan will notify and/or seek your prior consent with respect to such additional scope.

6.2    Right to Access: to your Personal Data: You may request for a copy of your Personal Data and request to disclose about the source of your Personal Data.

6.3    Rectification of the Personal Data: To ensure that your Personal Data is accurate, up-to-date, complete, and not misleading, you may file a request to rectify any of your Personal Data that has been changed by following the procedures specified in Clause 7.

6.4    Right to data portability: In case where it is technically available, you may request to receive your Personal Data in a commonly used or readable by the automatic device or to automatically transfer.

6.5    Right to withdraw consent: You may withdraw your consent at any time. Your withdrawal will not have any effect on Nissan’s previous data processing. If your withdrawal affects any part of your Personal Data, Nissan will notify you of such effect at the time you make such withdrawal.

6.6    Right to erasure of your Personal Data: You may request to erase or make your Personal Data unidentifiable under any of the following circumstances: (a) your Personal Data is no longer needed to be collected, stored, used or disclosed for the intended purposes, (b) you withdraw your consent for your Personal Data to be collected, stored, used or disclosed and Nissan no longer has any legal right to process your Personal Data for the intended purposes, (c) you object to Nissan’s processing of your Personal Data, or (d) your Personal Data was processed in contravention of the PDPA.

6.7    Request to suspend the use of your Personal Data: You may request Nissan to suspend its use of your Personal Data in any of the following events:

(1) When Nissan is in the process of verifying certain information for the purpose of rectifying, updating, completing, or avoiding any misleading about your Personal Data upon your request;

(2) When your Personal Data is to be erased but you instead request to suspend its use;

(3) When it is no longer necessary to store your Personal Data, but you request Nissan to continue the storage of your Personal Data for establishing legal claims, legal compliance, exercise of legal rights or defenses; or

(4) When Nissan is in the process of verifying its legitimate rights in its data collection or processing for purposes specified by law.

6.8    Right to object the processing of Personal Data: You may object to the collection, storage, use or disclosure of your Personal Data in any of the following events:

(1) In case where your Personal Data was collected by Nissan for the purpose of (a) public interest of Nissan, (b) Nissan’s compliance with a governmental order or (c) any legitimate interest of Nissan or other legal entity;

(2) In case where Nissan has processed your Personal Data for the purpose of direct marketing; and

(3) In case where Nissan has processed your Personal Data for any research purposes as specified in relevant laws, including for statistical purpose.

Remark: Nissan may deny your request under Clause 6 if the processing is for the purposes specified in the PDPA or for complying with applicable law or court order, in the case which may cause adversely affect and harm the rights and freedom of the data subject himself or other people, the processing is for research purposes that has appropriate protection for Personal Data, or the processing is for establishing legal claims, legal compliance, exercise of legal rights or defenses.

7. Criteria and Procedures for Exercise of Your Rights.

7.1    If you wish to exercise your right under Clause 6 of this Notice, please contact our Nissan Customer Care as details specify in Clause 8 or providing information in Data Subject Action Request Form and send to email: dpo@nissan.co.th

7.2    Nissan’s DPO will verify of your identity. If your identity or the person authorized under your power of attorney cannot be verified, Nissan may request for additional documents or may contact you for additional information.

7.3    Nissan’s DPO will consider whether to approve your request.

7.4    Procedures
- If your request is approved, Nissan will proceed and inform the result to you without delay via the channel you have specified in your request.
- If you request is denied, Nissan will notify you with explanation without delay via the channel you have specified in your request.

Note:

1. The procedures above will take no more than 30 days following the receipt of your request and all supporting documents.
2. Our process will not incur any costs to you.  But if there is any cost, Nissan will notify you prior to taking any action.

8. Access to Personal Data and Contact Information
If you have questions or concerns about your rights or your consent given to us, please contact our DPO at the following address:

Address: Nissan Motor (Thailand) Co.,Ltd.
3 Rajanakarn Building, 27th Fl., South Sathorn Road, Yannawa, Sathorn, Bangkok 10120, Thailand

Telephone Number: 0 2339 3300 ext. 4019

E-mail: dpo@nissan.co.th

Nissan Customer Care: 0 2401 9600