22. December 2021
Toyota Motor Europe NV/SA (“TME”)
Toyota Danmark A/S ("TDK")
Toyota Financial Services Danmark A/S (”TFS”)
Toyota Insurance Management SE (”TIM”)
Toyota Fleet Mobility GmbH (”TFM”)
KINTO Join Ltd. (”KINTO Join Ltd.”)
Toyota Sweden AB (“TSW”)
This Policy indicates how we handle your Personal Data (“Personal Data”) when providing the KINTO Services, to which you can subscribe through KINTO’s online booking system. In section 8 we describe the specific purposes for processing of Personal Data for each specific KINTO Service.
KINTO respects your privacy. Whether you are in contact with KINTO as a potential, present or former customer, consumer, or businessman or as part of the public etc., you are entitled to protection of your Personal Data. Your Personal Data may include your name, telephone number, email address, but also the identification number of your car, geographical location etc.
This Policy describes how and why we collect your Personal Data, for which purpose your Personal Data are collected, with whom they are shared, how we protect them, and your rights as a data subject in relation to your Personal Data.
This Policy applies to the processing of your Personal Data within the framework of KINTO and tools, applications, websites, portals, (online) campaigns, sales drives, sponsored social media platforms etc. offered or operated by or on behalf of TME and/or TDK and/ or TFS and/or TIM and/or TFM and/or KINTO Join Ltd. and/or TSW, as the case may be.
The Policy includes the general rules and explanations that apply. The regulation in this Policy may be supplemented by specific notices which you will receive in connection with specific Services, tools, applications, websites, portals, (online) campaigns, sales drives, sponsored social media platforms etc. offered or operated by or on behalf of TME and/or TDK and/ or TFS and/or TIM and/or TFM and/or KINTO Join Ltd. and/or TSW, as the case may be. If so, you will receive such specific notices when your Personal Data are used within the framework of the above activities (including websites, portals, individual communication services, newsletters, reminders, enquiries, offers, campaigns etc.).
At the back of the Policy you will find definitions of key concepts, which are written with capital initial letters (e.g. Personal Data, Processing and Controller).
2. WHO IS CONTROLLER OF THE PROCESSING OG YOUR PERSONAL DATA?
Toyota Motor Europe NV/SA (“TME”)
Avenue du Bourget/Bourgetlaan 60
Toyota Danmark A/S ("TDK")
2860 Søborg, Denmark
Toyota Financial Services Danmark A/S (“TFS”)
2860 Søborg, Denmark
Toyota Insurance Management SE (“TIM”)
283 Route d'Arlon
L-8011 Strassen (Stroossen), Luxembourg
Toyota Fleet Mobility GmbH (“TFM”)
KINTO Join Ltd. (“KINTO Join Ltd.”)
Toyota Sweden AB (“TSW”)
174 55 Sundbyberg
Read more in item 24(a) about how it is decided which party is controller of the specific processing of your Personal Data.
3. WHERE TO ADDRESS QUESTIONS AND ENQUIRIES – POINT OF CONTACT FOR DATA PROTECTION
We have created a Point of Contact for Data Protection to answer questions and enquiries concerning this Policy, and to issue any additional specific notices in relation to KINTO Services or your Personal Data (and their processing).
If you have questions concerning this Policy, if you want to complain about our processing of your Personal Data, or if you want to exercise your rights as described herein, you may contact the Point of Contact:
- firstname.lastname@example.org and
Toyota Danmark A/S
2860 Søborg, Denmark
4. MAIN PRINCIPLES
We want to protect your Personal Data, and we process them in a reasonable, transparent and secure manner.
We observe the following principles in connection with the processing of Personal Data:
● Lawfulness: We always process your Personal Data lawfully, fairly and in a transparent manner in relation to you as a data subject.
● Data minimisation: We limit the processing of your Personal Data to what is necessary and relevant in relation to the purposes for which they are processed.
● Limitation of purpose: We collect your Personal Data only for specific, explicit and legitimate purposes, and we do not further process them in a manner that is incompatible with these purposes.
● Accuracy: We make sure that your Personal Data are accurate and – if necessary – updated.
● Integrity and confidentiality: We use technical and organisational measures to ensure appropriate data protection, taking Account, among other things, the nature of the Personal Data concerned. Such measures protect against unauthorised disclosure and access, accidental or unlawful destruction, accidental loss or alteration and against other forms of unlawful processing.
● Access and rectification: We respect your rights in connection with the processing of your Personal Data.
● Storage limitation: We keep your Personal Data in accordance with applicable law and regulations and no longer than is necessary for the purposes for which the Personal Data are processed.
● Protection of international transfers: We ensure adequate protection of your Personal Data in connection with transfer outside the EEA.
● Protection in relation to third parties: We ensure that third parties are only allowed access to (and are only allowed to transfer) Personal Data in accordance with applicable data protection law and with adequate contractual protection.
● Lawful use of direct marketing and cookies: We only send advertising material to you or place cookies on your computer in accordance with data protection law and other relevant legislation.
5. PROCESSING OF YOUR PERSONAL DATA: LEGAL BASIS
Necessary for the performance of our agreement with you
We generally process your Personal Data if this is necessary for the performance of the agreement which you have entered by subscribing to one or more KINTO Services.
Our legitimate interests
Where this is relevant, we process your Personal Data if required to pursue our legitimate interests in connection with the provision of KINTO Services, provided that our interests do carry more weight than your interests, rights or freedoms (e.g. your right to protection of your privacy).
We process Personal Data inter alia,
● where this is relevant to enable you to share certain Personal Data with others (e.g. your location, the location of the KINTO vehicle used by you, your destination, your expected time of arrival);
● to provide support/customer service for KINTO Services;
● to enable us, in the event of an emergency, to contact a contact person named by you who is to be contacted if you and/or the KINTO vehicle used by you is involved in a crash;
● if you have a KINTO vehicle equipped with an internet connection, to enable external contractors (e.g. providers of the mobile network providing the internet connection) to fulfil their legal obligation to identify you (by collecting your ID Personal Data);
● research and development;
● to disclose your Personal Data when we are required to do so by the law enforcement authorities or courts of law; and
● to enable our KINTO network partners (e.g. national dealers, authorised dealers/repair shops, including Other parts of the KINTO organisation and its partners) to contact you.
Our legal obligations
We process your Personal Data if this is necessary for the fulfilment of our legal obligations, including compliance with decisions handed down by courts of law or public authorities. If, for example, we have charged you for your use of the internet connection, we may be obliged to keep the invoice (and your Personal Data on the invoice) for a period determined by law.
6. IF PERSONAL DATA ARE PROCESSED
We process Personal Data about you, being the person who subscribed for one or more of the KINTO Services.
7. PURPOSE OF THE PROCESSING OF YOUR PERSONAL DATA
We collect your Personal Data only for specific, express, and lawful purposes, and we do not carry out further processing in a way that is incompatible with these purposes.
We collect and use your Personal Data for the following purposes:
● To activate or deactivate your subscription to one or more KINTO Services/your rental of the KINTO vehicle.
● To deliver KINTO Services to you.
● To handle your enquiries.
● To support our sales and marketing activities.
● To carry out research and development to expand and improve the KINTO Services, to develop new mobility and/or Services and solutions and to improve the performance of KINTO’s vehicles, products and Services or develop new ones.
● To protect, maintain and support our networks, systems, and programs.
● If it may reasonably be required in connection with a dispute in which we are or may be involved, either directly with you or with a third party.
We share your Personal Data with others for the following purposes:
● If you have a KINTO vehicle equipped with an internet connection, the provider of the mobile network providing the internet connection may have a legal obligation to gather certain ID Personal Data related to you. KINTO collects the ID Personal Data from you and delivers the Personal Data to the provider of the mobile network.
● To enable our networks (national distributors and authorised dealers/repair shops) to contact you within the framework of the delivery/implementation of certain services/segmentation.
● Where we are required by public authorities (e.g. the law enforcement authorities) and courts of law to disclose your Personal Data to them.
● If it may reasonably be required in connection with a dispute in which we are or may be involved, we may share your Personal Data with e.g. the party, or the other parties involved in the dispute or with a court of law.
● If you have a user-based insurance agreement with an insurance company and, in accordance with such an agreement, we share with the insurance company any Personal Data necessary for them to establish the agreement (e.g. the geographical location data associated with your KINTO vehicle, you're driving behaviour etc.).
● Personal Data on damages, including Personal Data about the parties involved.
8. SPECIFIC PURPOSE OF THE PROCESSING OF YOUR PERSONAL DATA FOR EACH KINTO SERVICE
In addition to the data processing described above, we will perform the following data processing for each specific KINTO Service. This description will apply to each of the KINTO Services in addition to the description stated above.
8.1 KINTO Share
Step 1 – Application for membership in KINTO Share
The provided information will be verified through use of NemID.
Your Personal Data is used in this step by KINTO with the purpose to create your KINTO Share Account for us to assess the prerequisites of entering into an agreement.
The processing is legitimate since it is necessary for you to be able to enter into an agreement with us. The data will be retained until the car sharing agreement is terminated and during such longer period that may be necessary to establish, exercise or defend any legal claims, or comply with legal obligations.
Step 2 - Activating your KINTO Share Account
In order to approve your KINTO Share Account, we will use the Personal Data provided to us under step 1 to ensure that you have a valid driving licence. If you do not have a Danish driving licence, we will instead manually verify your driving licence Personal Data against the photos of you and your driving licence that you have provided us with.
In connection with the creation and approval of your KINTO Share Account, we will check whether you are registered / blocked in Ribers Kredit Information (“RKI”)'s list of bad payers.
The processing of your Personal Data as mentioned above is made to perform the agreement you enter with us and in accordance with current legislation. The data will be retained until the car sharing agreement is terminated and during such longer period of time that may be necessary in order to establish, exercise or defend any legal claims, or comply with legal obligations such as replying to requests from authorities including the Authorities, the Danish Transport Agency’s or the police.
Step 3 - Rejection of activation of KINTO Share Account
If your Account is not activated, this is based on your driving licence identity not having been verified You will always be notified if your Account cannot be activated and you may at all times following such rejection contact us in order to solve these questions or receive an explanation of why you cannot activate a KINTO Share A