This is the Privacy Statement of Spirit Motor Group Limited Trading as Spirit Jaguar and Spirit Land Rover (“SJLR”) In this statement we use the terms “we”, “our” and “us” to refer to SJLR.
The purpose of this Privacy Statement is to outline SJLR policy concerning the collection, use, retention, disclosure and transfer of Personal Data which is gathered and processed by SJLR. This Privacy Statement also sets out the SJLR information management practices.
SJLR respects the privacy of all those individuals whose Personal Data it comes into contact with, which in particular includes the following:
a) All users of the SJLR Websites including www.spiritjaguar.ie & www.spiritlandrover.ie (“SJLR Websites” or “Website”) social media pages;
b) SJLR employees and contractors (including applicants for employment with SJLR);
c) All members (including former employees) of SJLR sponsored pension schemes;
d) SJLR business contacts and suppliers;
e) All Customers or prospective customers of SJLR.
For each of these categories of individuals, this Privacy Statement will explain why SJLR collects and how SJLR uses the Personal Data it collects. SJLR will ensure that it keeps all Personal Data provided to it in accordance with SJLR obligations under applicable data protection laws. SJLR will update this Privacy Statement from time to time to reflect any material changes in technology, legislation or SJLR data use practices which may materially affect the way in which SJLR processes Personal Data.
This is not an exhaustive statement of all of SJLR data protection practices and SJLR may apply specific policies within certain environments. SJLR might include a separate privacy notice at the point of capturing data on a new service and any specific consents obtained or information provided in this way will apply specifically to that service and will supplement this statement.
1. What is Personal Data
Personal Data is any information relating to a living individual that allows for the identification of that individual. Personal Data can include a name, address, contact details, an identification number, IP address, CCTV footage, accesses cards/co-tags, audio-visual or audio recordings of a person, details about an individual's location or any other detail(s) specific to that individual.
2. Who we are and how to contact us
In circumstances where SJLR controls Personal Data by deciding why and how that Personal Data is processed, SJLR will be a "Data Controller". Any entity that processes Personal Data controlled by SJLR and does so on behalf of SJLR, is a "Data Processor". Data Processors may include third party service providers engaged by SJLR (for example communications providers, payroll and marketing or recruitment agencies). As required by applicable data protection law, when SJLR appoints a Data Processor, we will ensure that appropriate contractual protections are in place.
If you have any questions about this data protection statement, including any request to exercise your legal rights, please contact us by writing to our Data Compliance Officer, Arena Road, Sandyford Business Park, Dublin 18 or emailing us at email@example.com.
3. Categories of personal data and how we use it
This section of the Privacy Statement sets out the type of Personal Data collected by SJLR, the purposes for which such Personal Data is collected and processed and the lawful justifications for such processing in the context of the SJLR Websites.
We also collect, use and share aggregate data such as statistical or demographic data. Aggregate data is information gathered and expressed in a summary form for purposes such as statistical or demographic analysis. Aggregate data may be derived from your personal data but is not data that directly or indirectly reveals your identity. For example, we may aggregate your usage data of our website to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregate data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this data protection statement.
We do not collect any special categories of personal data 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. However, if it is necessary to collect special categories of personal information and/or criminal conviction information, we will only do so with your explicit consent and we will explain the purpose for which the information will be used at the point when we ask for your consent.
4. How we obtain your information
We may collect your information from a number of sources including from a dealer from whom you purchase a vehicle or from whom you obtain other services such as service, warranty work or repair or with whom you make an enquiry. We may obtain this information directly from a dealer or the dealer management platform or in the course of carrying out an audit on the dealer.
We may also collect your information though our website or social media platforms where you provide it to us, such as where you enter competitions with us, fill out forms, request a service from us such as a brochure or booking a test drive or contact us. We may also collect information from you at events and brand displays, such as at shopping centers etc.
SJLR is not responsible for the privacy practices of any external websites, manufacturers or platforms which may be accessed or used in connection with a person’s use of the SJLR website or SJLR social media pages. They are subject to their own privacy statements which may materially differ from those of SJLR so users should review them for further information.
We may also collect your information where we carry out customer satisfaction surveys of your customer experience with our dealers.
5. What Personal Data does SJLR collect and use online
SJLR collects various types of Personal Data when a person uses the SJLR website or SJLR social media. The following are examples of Personal Data collected by SJLR:
i. Competitions: When a person enters a competition, SJLR may collect and use the entrant’s name and contact details (including postal address, email address, telephone number) in connection with the competition (including mobile competitions). Where SJLR operates competitions in conjunction with a third-party commercial partner, subject to the competition rules and notices, that partner may collect and use the data.
ii. Social Media Pages: Content such as messages and photographs, that is posted on social media pages on which SJLR has a presence may be made publicly available and may be used in connection with the operation and promotion of SJLR social media pages, services, and the SJLR website. If content is posted that is deemed to be in breach of this Privacy Statement or the policies operated by such websites or social media platforms, such content may be removed by or at the request of SJLR or the operators of those social media websites. If such inappropriate content is posted to a social media page that SJLR controls you can report it at the following address firstname.lastname@example.org and SJLR will endeavor to ensure that appropriate action is taken in accordance with the SJLR policies and the policies of the relevant social media platforms.
6. Interest-Based Online Advertising and Google Analytics
This section of our Privacy Notice provides details about interest-based online advertising (also called "targeted advertising", “remarketing”, or "behavioral advertising"), Google Analytics, and your choices with respect to this type of advertising.
You can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en.
Other third-party cookies such as those from Facebook, Google and double click.com are also in use to enhance your experience on the site and to help us tailor content to our user’s needs.
We further use Google Analytics’ 3rd-party audience data such as age, gender and interests to better understanding the behavior of our customers and work with companies that collect information about your online activities to provide advertising targeted to suit your interests and preferences. For example, you may see certain ads on this website or other websites because we contract with Google, and other similar companies to target our ads based on information we or they have collected, including information that was collected through automated means (such as cookies and web beacons). These companies also use automated technologies to collect information when you click on our ads, which helps track and manage the effectiveness of our marketing efforts.
You may opt out of the automated collection of information by third-party ad networks for the purpose of delivering advertisements tailored to your interests, by visiting the consumer opt-out page for the Self-Regulatory Principles for Online Behavioral Advertising at http://www.aboutads.info/choices/ and edit or opt-out your Google Display Network ads’ preferences at http://www.google.com/ads/preferences/,
Because those opt-out and preference control pages are specific to the individual browser used to visit it, and because that page is not operated by the SJLR we are unable to perform the opt-outs on your behalf.
7. The purpose and legal basis for processing your information
SJLR collects and processes the Personal Data described above for a variety of purposes. As required by data protection laws, below is a summary of these purposes and the lawful justifications that support them:
a) To enter into and perform a contract with you
We may process your information in order to enter into a contract with you or to provide you with a service which you have requested from us. For example, we need to process your personal information in order to manage the warranty which we have provided in respect of your vehicle or to provide you with a brochure or information about a product where you have requested it.
b) To comply with our legal obligations
We are required to process your personal information to comply with certain legal and regulatory obligations to which we are subject. For example, we are required to obtain certain business records in accordance with company and revenue law which may include your personal information.
c) For our legitimate business interests
We may use your personal information for the purposes of carrying out activities that are in our legitimate interests (or those of a third party). Where we process your information for our legitimate interests, we ensure that there is a fair balance between our legitimate interest and your fundamental rights and freedoms.
We may use your personal information to manage our everyday business needs, including accounting, internal reporting needs, and market research, to progress and respond to legal claims, security of our premises and staff through use of CCTV, to process rebate claims, to ensure appropriate IT security and to prevent fraud, to monitor and audit warranty claims, to update you on our service and dealer network in our legitimate interest. Our legitimate interest is the effective management of our business.
We may use your personal information to monitor the performance of our dealers and verify dealer orders, including the carrying out of audits on our dealers and contacting you for customer satisfaction surveys by post, email or phone, in our legitimate interest. Our legitimate interest is ensuring that our dealers our complying with our high standards when selling vehicles and servicing SJLR vehicles.
We may use your personal information to send you warranty or service reminders or vehicle health check reminders, in our legitimate interest. Our legitimate interest is connecting with our customers.
We may use your personal information in an aggregate form to classify our customers and to acquire an aggregated overview of our customer base in our legitimate interest. Such processing does not assess individual characteristics. Our legitimate interest is to grow our business, understand our customer base and provide products and services of interest to our customer base as a whole.
We may use your information which we collect, including personal information we obtain from publicly available sources such as social media, to help us understand our customers and provide products or services which may be of interest to them, in our legitimate interest. You have the right to object to this at any time.
We may also contact you in the event of the closure of your local Sales or Aftersales Dealer, to give you the details of all other authorised dealers and repairers available to you in the SJLR network, who can carry our warranty work or provide you with information on SJLR products. We do this in our legitimate interest in order to keep our customers updated of changes within our dealer network.
We may obtain information about your finance arrangements in respect of your vehicle from your finance provider in order to arrange buy back of the vehicle. We do this in our business legitimate interest of arranging the reconciliation of finance agreements.
d) With your consent
We will only use your information for to marketing you by post, text, email or phone where we have your consent to do so. You can withdraw this consent at any time by writing to us at Data Compliance Officer, Arena Road, Sandyford Business Park, Dublin 18 or emailing us at email@example.com.
e) To protect your vital interests
We will in certain circumstances use your personal information to protect your vital interests, for example we will contact you in the event of a recall or safety issue with your vehicle.
As required by data protection laws, below is a summary of these purposes and the lawful justifications that support them:
|Purpose||Information type||Example of how we use it and lawful basis|
|Purchasing a Vehicle or Part/Accessories||Name and contact details (may include postal address, email address, telephone numbers, gender,). Current Vehicle details.||When you order a vehicle or part/accessory, information is collected by the dealer for their own processing and on behalf of SJLR and Jaguar Land Rover (manufacturer) for the fulfilment of warranties, registration of vehicle for road assistance with the AA and services associated to the purchase of the vehicle and/or parts/accessories. These details are sent to SJLR who may share it with 3rd. parties e.g. to register vehicle for warranty. The lawful basis for processing is the performance of a contract to which the customer is party.|
|Booking Vehicle Service||Name and contact details mentioned above and information about your vehicle including your vehicle identification number, vehicle registration number, mileage, vehicle model, diagnostic information, work carried out on your vehicle.||When a customer books a vehicle service, information is collected by the dealer for their own processing and on behalf of SJLR and Jaguar Land Rover (manufacturer) for the fulfilment of warranties and services associated with the service of the vehicle and logged as part of the service history of the vehicle. These details are sent to SJLR. The lawful basis for processing is the performance of a contract to which the customer is party.|
|Requesting a Quote/Brochure Booking a Test Drive||Name and contact details and current vehicle details||When you visit our websites and requests a quote or brochure or books a test drive, personal information is collected in order to satisfy this request. Where applicable these details are sent to the relevant dealer who will fulfil the request. The processing is in our legitimate interests in developing business leads with potential customers.|
|Registering Interest||Name and contact details and current vehicle details||When an individual visit our websites and registers interest in any of our products, contact details are collected in order provide information. Where applicable these details many be sent to the relevant dealers for follow up. We will ask your consent to continue to market you.|
|Marketing to Potential Customers||Name and contact details and current vehicle details||Information is collected by our dealers and also by our Sales and Marketing team at brand sponsored/organised events. When visiting our website and further to any specific queries, you will be asked for consent for future marketing. This may include newsletters, specific product campaigns or notification on upcoming events. This data may be sent to Third parties to carry out some of our marketing activities on our behalf.|
|Customer Care||Interactions with our staff and officers, including personal and vehicle details. Also notes of your calls with our staff on our database.||We use this information for the purpose of identity verification and in order to assist the relevant queries. This processing is necessary for the performance of a contract. Also, to keep a record of your interactions with us, to monitor and train our staff in our legitimate interests.|
|Lost lead management||Name and contact details and current vehicle details||We respect your right to change your mind in purchasing a vehicle from us. We will contact you to determine if we could have done anything better in order to retain you as our customer, to improve our service and in our legitimate interest.|
|Finance||Financial Information||We may receive financial information about your finance agreement with your bank or finance provider in respect of your vehicle, where we are under an obligation with the bank or finance house to source a dealer to buy back your vehicle at the end of your finance arrangement.|
|Customer Satisfaction Surveys||Name and contact details and current vehicle details||Information about your experience with the dealer collected through customer satisfaction surveys carried out by us, or through audits that we carry out on our dealer. We use this information to monitor our dealer performance and for driver improvement in our legitimate interests.|
|Safety Incidents/Product recall and Warranty||Name and contact details and current vehicle details||We may use your personal data to contact you regarding a safety measure and/or product recall. The processing is necessary for compliance with a legal obligation. We may contact you to remind you of warranty status, this is in our legitimate interest.|
|CCTV||Images||We operate a CCTV system on our premises to protect the safety and security of our staff, visitors and property in our legitimate interest.|
|Website usage||Your 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 any website operated by us, information about how you use our websites.||To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you. To monitor the effectiveness of our website.|
8. Your information and Third Parties
Third party service providers
SJLR discloses Personal Data to third parties in certain instances. For example, SJLR uses third party service providers for the processing of Personal Data for a number of purposes, including, Security service providers, consultant advisors, IT service providers, printers, debt collection agencies, valuers, marketing companies who carry out marketing campaigns, market research or customer satisfaction surveys on our behalf and providers of security and administrative services. We share your information with the AA in order for you to avail of roadside assistance. These service providers are subject to a contractual obligation to only process Personal Data obtained from SJLR for purposes for which it was obtained and in accordance with SJLR instructions.
SJLR will not provide your Personal Data to third parties who may contact you for direct marketing or promotional purposes unless you have consented to SJLR disclosing your Personal Data to such third parties for that purpose.
In certain circumstances SJLR will disclose personal data to other external third parties such as its professional advisors as necessary in the context of the performance of their services. Such recipients may include external legal advisors, auditors, actuaries, pension and tax advisors, pension administrators and other professional advisors.
Disclosure of such data will take place for a variety of reasons including in order to ensure that SJLR meets its tax and other statutory obligations.
SJLR may also disclose personal data to its insurance providers in connection with legal claims and prospective legal claims or proceedings.
OHM Group and other OHM Group entities: We are part of the OHM Group. Where we convert your information, such as information you provide in the course of a customer satisfaction survey, into statistical or aggregate data in such a way as to ensure that you are not identified or indefinable from it, we may pass this information on to OHM Group and other OHM Group entities, such as dealers and distributors for analytical and statistical purposes.
Jaguar Land Rover Limited and entities within Jaguar Land Rover Limited: There are circumstances where we may share your information with the manufacturer and any independent auditor appointed by the manufacturer, in order to fulfil orders and transactions, to provide you with a service or information which you have requested. Each party will hold and process the requisite data as independent Data Controllers.
Potential sale or merger
If we sell any part of our business and/or integrate it with another organisation, your details may be disclosed to our advisers and to prospective purchasers or joint venture partners and their advisers. If this occurs, the new owners of the business will only be permitted to use your information in the same or similar way as set out in this data protection statement.
9. Storage Periods
The period for which we will keep your personal information will depend on the type of service you have requested from us. The retention period may be longer than the period for which we are providing services to you where, for example, we have a legitimate interest in retaining such information that is not outweighed by your fundamental rights and freedoms, where we have statutory or regulatory obligations to retain personal information for a longer period, or where we may need to retain the information in the event of a legal claim.
SJLR endeavors to ensure that Personal Data is retained for an appropriate period and no longer than necessary. Retentions of data is detailed in our Data Retention Policy.
10. Transfers outside the European Economic Area
We may transfer, store or process your personal information to countries outside the European Economic Area. Where the laws of such countries do not afford an equivalent level of protection of personal information as the laws of Ireland, we take specific steps in accordance with data protection law to protect your personal information.
We'll use one of these safeguards:
– Transfer it to a non-EEA country with privacy laws that give the same protection as the EEA.
– Put in place a contract (in a form that is approved by the European Commission) with the recipient of the personal information that means they must protect it to the same standards as the EEA.
– Transfer it to organisations that are part of Privacy Shield. This is a framework that sets privacy standards for data sent between the US and EU countries. It makes sure those standards are similar to what is used within the EEA.
11. How we use automated processing
We may analyse your personal information by automated means for the purposes of market research, analysing our customer database and for our marketing activities. You have the right to object to this at any time.
12. Marketing communications
If a person provides consent for marketing communications SJLR may use their name, address, email address, postal address and/or telephone number for marketing communications. SJLR will not contact users by email, phone or SMS for direct marketing purposes unless the users have consented to be contacted for such purposes as required by data protection laws or a legitimate interest assessment has been conducted to ensure there is an appropriate balance between our interests and your rights and freedoms.
Users can opt-out of receiving direct marketing communications from SJLR by following the unsubscribe link in the relevant marketing message.
If users sign up to receive marketing communications from SJLR partners and provide their contact details to SJLR for such purposes, we may provide their name and contact details (e.g. email or mobile number) to SJLR commercial partners (such as manufacturers that are partnering with SJLR) so that they can send you marketing communications. SJLR will not provide such information to third parties for direct marketing purposes unless the users have consented to SJLR giving their Personal Data to third parties for that purpose.
If a user opts-out from receiving communications from our partners, SJLR will no longer share that user’s contact details with our partners. However, users will still need to directly opt-out from communications from the partners to whom we have already given their information.
SJLR uses third party service providers to help deliver its marketing communications. Those third-party data processors are subject to contractual and legal restrictions in relation to any unauthorised use of your information.
13. Processing for Security Purposes
SJLR has closed circuit television cameras ("CCTV") located throughout its premises covering buildings, internal spaces, car parks, roads, pathways and grounds. SJLR CCTV system is implemented in a proportionate manner as necessary to protect SJLR property against theft or pilferage and for the security of employees, customers and visitors to the SJLR premises (to protect their vital interests). Whilst CCTV footage is monitored by SJLR security staff or contractors, access to recorded footage is strictly limited to authorised personnel. Footage is retained for 30 days, except where incidents or accidents have been identified in which case such footage is retained specifically in the context of an investigation of that issue. CCTV footage may be used in the context of disciplinary proceedings involving SJLR employees and to detect, establish and/or defend legal proceedings (to protect the vital interests of SJLR, staff and affected individuals). CCTV footage is not disclosed to third parties except where disclosure is required by law (such as for the purpose of preventing, detecting or investigating alleged offences) and in such instance’s disclosure is based on a valid request. Signage indicating that CCTV is in use is displayed throughout the SJLR premises.
14. If you fail to provide personal data
Where we need to collect personal data 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 a test drive). 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.
15. Information Security
In accordance with applicable laws, SJLR ensures that all Personal Data controlled by SJLR is held securely using appropriate security measures including the following:
– Physical measures such as locked filing cabinets and offices containing Personal Data;
– IT security systems;
– Restricted access to Personal Data subject to approvals;
– Time limits on retention of personal data;
– Provision of targeted data protection training to employees, contractors and other staff who have access to and process Personal Data;
– Password restrictions on access to Personal Data; and
– Technical measures including:
– Encryption on SJLR laptops; and
– Logging mechanisms to record certain access to Personal Data and alteration and other processing of Personal Data.
In the event of a personal data breach, SJLR will comply with applicable reporting and notification obligations under data protection law.
16. Your Rights
In certain circumstances, you have the following rights under data protection law in relation to your personal data:
A right to access Personal Data held by SJLR
(a) Any individual has a right to make an access request, in writing, under data protection law for a copy of their Personal Data held by SJLR. SJLR may ask for further identification details to confirm your identity before the relevant information is.
(b) It should be noted that there are specific exemptions relating to accessing Personal Data held for journalistic, artistic and literary purposes, which may be relevant to SJLR.
Other data protection rights
(a) Rectification of inaccurate personal data;
(b) Erasure of personal data (also known as the "right to be forgotten");
(c) Restriction of processing of persona data;
(d) Right to data portability;
(e) Right to object to processing of personal data.
However, under data protection law, these rights are available only in certain circumstances. If you wish to exercise any of your data protection rights, please contact firstname.lastname@example.org. Please provide as much detail as possible to enable us to respond to your request and to locate relevant personal data about you
If you wish to exercise any of these rights, please contact us using the contact details contained in this form. We will endeavor to respond to your request within a month. If we are unable to deal with your request within a month we may extend this period by a further period of two months and we will explain why.
You also have the right to lodge a complaint to the Office of the Data Protection Commission. For further information please see www.dataprotection.ie
We will update this data protection statement from time to time. Any updates will be made available on our websites at www.spiritjaguar.ie and www.spiritlandrover.ie.