FordPass Privacy Policy for Users in India

Version: 1.0

Ford Motor Company

Version date: July 24, 2019

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND FORD  (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS PRIVACY POLICY WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE "I ACCEPT" TAB OR BY USE OR FORDPASS OR BY OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND FORD INDIA PRIVATE LIMITED (“FORD”) FOR YOUR USE OF FORDPASS (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND WILL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION. 

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING FORDPASS, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS FORDPASS. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO FORD AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000. 

By providing us Your Information or by making use of the facilities provided by FordPass, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by Ford as specified under this Privacy Policy. You further agree that such collection, use, storage and transfer of Your Information will not cause any loss or wrongful gain to You or any other person. 

The terms "We" / "Us" / "Our" refers to Ford and the terms "You" / "Your" / "Yourself" refer to the users. 

This Privacy Policy is a contract between You and Ford whose FordPass You use or access or You otherwise deal with. This Privacy Policy will be read together with FordPass Terms of Use.

1. Introduction

We respect Your privacy and are committed to protecting it. This privacy statement (“Privacy Policy”)explains our policies and practices regarding use of FordPassinformation. It is through this disclosure that we intend to provide You with a level of comfort and confidence in how we collect, use, and safeguard personal and other information we collect or that You provide through this FordPass, and how You can contact us if You have any questions or concerns. It is our sincere hope that by explaining our data handling practices, we will develop a trusting and long-lasting relationship with You.

This Privacy Policy sets out our policies on the management of “Personal Information”and “Non-Personal Information” (collectively, “Information”), that is, how we collect Information, the purposes for which we use this Information and to whom this Information is disclosed. 

We may change our Privacy Policy from time to time at our discretion. At any time, the latest version of our Privacy Policy is available from our FordPass. Accordingly, you are requested to keep checking the Policy periodically for updates.

The Information (which will also include data) provided by You to Ford or collected from You by Ford may consist of "Personal Information" and “Non-personal Information.

2.  What is Personal Information and Non-Personal Information?

2.1  “Personal Information” mean an information which, either directly or indirectly, in combination with other information, is capable of identifying You.

Non-personal Information” is also collected from You through FordPass when You visit and / or use FordPass.Such information may be stored in server logs. This Non-personal Informationwould not assist Fordto identify Youpersonally.

2.2    We may collectInformation whichwill include, but not be limited to:

a)    Your address;

b)    Your e-mail address or other contact information;

c)    Your date of birth;

d)    Information regarding Your transactions on FordPass, (including sales or purchase history);

e)    Your financial information such as bank account information or credit card or debit card or other payment instrument details;

f)    internetProtocol address;

g)    anyother items of "sensitive personal data or information" as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000;

h)   identificationcode of Your communication device which You use to access FordPass or otherwise deal with Ford;

i)    Your geographic location;

j)    date and time of your visit on FordPass

k)   details of Your telecom service provider or internet service provider;

l)    the operating system of Your system, device and FordPass You last visit to FordPass before visiting FordPass

m)  the duration of Your stay on FordPass is also stored in the session along with the date and time of Your access;

n)   anyother information that You provide during Your registration process, if any, on FordPass.

2.3  The information We will collect in relation to the Product includes, but is not limited to:

a)  Your vehicle number;

b)  Your vehicle insurance copy;

c)  Your vehicle history;

d)  Your vehicle manufacturer;

e)  Your vehicle model;

f)  Your vehicle color;

g)  Your vehicle transmission;

h)  Your vehicle engine size;

i)   Your vehicle image;

j)   Odometer reading of the vehicle;

k)   Number of previous owners;

l)    Physical condition of your vehicle and accident history;

m)  Financing details of your vehicle;

n)   Details of involvement of vehicle in court/ investigation proceedings;

o)   Any and all other information in respect of the identity and the condition of your vehicle.

3.   How do we collect Personal Information?

3.1 Information will be collected in various way including, during the course of: 

i) registering or using as a User on FordPass; 

ii) availing certain services offered on FordPass. Such instances include but are not limited to making an offer for sale, online purchase, participating in any online survey or contest, communicating with Ford's customer service by phone, email or otherwise or posting user reviews on the items available on FordPass;

iii)  otherwise doing business on FordPass or otherwise dealing with Ford;

iv)  by appointing third parties to obtain the relevant Information which is required in the usual course of business on FordPass (especially information in relation to the vehicle).

3.2  Some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular activity that requires it, you may not be permitted to engage in that activity on FordPass. Further, since the accuracy of your information is important to us, if you provide us with your Personal Information, please keep us informed if such information changes during your relationship with us. If You opt not to provide Us with Personal Information You can still access our FordPass, however You may be unable to participate in certain promotions or receive product information or have a purchase order fulfilled. Also, We may not be able to provide You with the products and services that depend on the collection of that information.

3.3    We may receive Personal Information about You from third parties, such as social media services, commercially available sources, business partners etc. If You access FordPass through a social media service or connect a service on FordPass to a social media service, the information We collect may include Your user name associated with that social media service, any information or content the social media service has the right to share with us, such as Your profile picture, email address or friends list, and any information You have made public in connection with that social media service. When You access FordPass or otherwise deal with Ford through social media services or when You connect any FordPass to social media services, You are authorizing Ford to collect, store, and use and retain such information and content in accordance with this Privacy Policy.

3.4   Please note that we do not collect your Personal Information in other manner such as through email, sms etc. If you receive any email or sms or any other communication from a source displaying the logo of Ford or indicating any affiliation to Ford, please report to us immediately. 

4.  How do we collect Non-personal Information?       

4.2  Non-personal Information is collected through various ways such as through the use of cookies.  You can erase or choose to block these cookies from Your computer. You can configure Your computer’s browser to alert You when we attempt to send You a cookie with an option to accept or refuse the cookie. If You have turned cookies off, You may be prevented from using certain features of FordPass.

A “cookie” is a small text file that helps us in many ways to make Your visit to our FordPass more enjoyable and meaningful to You. For example, cookies avoid You having to log in every time You come back to  our FordPass. They also allow us to tailor a FordPass or advertisement to better match Your interests and preferences.  There are a couple of different types of cookies:

a.  "session" cookie is stored only in Your computer's working memory (RAM) and only lasts for Your browsing session. When You close all Your browser's windows, or when You shut down Your computer, the session cookie disappears forever. 

b.  "persistent" cookie is stored on Your computer's hard drive until a specified date, which could be tomorrow, next week, or 10 years from now. Persistent cookies stay on Your computer until either a) they expire,) they are overwritten with newer cookies, c) You manually remove them. Most browsers can be configured not to accept cookies, however, this may prevent You from having access to some FordPass functions or features.

4.3  This FordPass will use third party to deliver FordPass functionality such as fulfilling Your request to purchase Products from this FordPass, calculation of sales tax, credit card processing and FordPass functionality. In performing this function the third party may place a persistent cookie on Your computer or have to gather Personal Information from You in order to facilitate the processing of Your purchase. 

4.4  This FordPass may use a third-party click tracking analytics tools such as Adobe and Google Analytics to capture click through statistics. 

4.5  FordPass may use spot light ads and web beacons which are FordPass instrumentation tools that help us to determine, for instance, whether a page has been viewed or not and, if so, how many times. When You ask us to send You information on a promotion or a newsletter, we may use web beacons to establish how many of the emails are actually opened. In general, any electronic image viewed as part of a web page, including an ad banner, can act as a web beacon. 

4.6  Users may be directed to FordPass via banner ads or FordPass links. Ads or FordPass links that are placed by FordPass use cookies or web beacons to deliver metrics on the effectiveness of the ads or links. They do not collect personally identifiable information from the user. 

4.7  Third-party advertising networks that serve ads onto FordPass may use cookies and/or web beacons in their advertisements. FordPass retains no control over such third party cookies and/or web beacons and does not have access to the information related to third party cookies and/or web beacons.

4.8  Online Advertising: Ford may contract with vendors to place advertisements on non-Ford websites. When You visit a non-Ford website, these vendors may target Ford advertisements to You based on information about Your previous online activity that the vendor has collected using web tracking tools (e.g., cookies and web beacons). Additionally, Ford advertisements may contain web tracking tools such as cookies and web beacons to collect information on the effectiveness of the advertisements and to deliver future targeted advertisements and other messages to You. These web tracking tools collect information such as IP address, the page visited, and time of day.

Please do note that Personal Information and Non-Personal Information (“Information”) may be treated differently as per this Privacy Policy.

5. For what purposes do we collect, use, store and disclose Your Information?

5.1 Ford collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of Ford and will include the following:

a)  to facilitate Your use of FordPass (lead generation, questions about products pricing, send marketing or promotional materials, including but not limited to, those sent through e-mail or through cell phone such as text message as requested by You, or other information);

b)  to respond to Your inquiries or fulfil Your requests for information about the various products and services offered on FordPass;

c)  to provide You with information about products and services available on FordPass;

d)  to send You important information regarding FordPass, changes in terms and conditions, user agreements, and policies and/or other administrative information;

e)  to send You surveys and marketing communications that Ford believes may be of interest to You;

f)  to help in FordPass design and to identify popular features;

g)  to allow us to update our FordPass to better meet user wants and needs;

h)  to personalize Your experience on FordPass by presenting advertisements, products and offers tailored to Your preferences;

i)   to help You address Your problems incurred on FordPass including addressing any technical problems;

j)   if You purchase any product from FordPass, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;

k)  for proper administering of FordPass;

l)   to share information with the third parties to fulfill and deliver an order for Products purchase by You;

m) to conduct internal reviews and data analysis for FordPass (e.g., to determine the number of visitors to specific pages within FordPass);

n) to improve the services, content and advertising on FordPass;

o) to analyze how our services are used, to measure the effectiveness of advertisements, to facilitating payments;

p) to protect the integrity of FordPass;

q) to carrying out Ford obligations and enforcing rights arising from any contracts entered into between you and Ford, including for billing and collection;

r) to respond to legal, judicial, quasi-judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;

s) to generate FordPass analytics that improve our FordPass You, content, product offerings and services;

t) to compile user data that is stored in our corporate database and may be used for marketing and other purposes;

u) to permit third parties who may need to contact users who have bought products from FordPass to facilitate installation, service and any other product related support;

v) to implement information security practices;

w) to determine any security breaches, computer contaminant or computer virus;

x) to investigate, prevent, or take action regarding illegal activities and suspected fraud;

y) to undertake forensics of the concerned computer resource as a part of investigation or internal audit;

z) to match Personal Information collected here with data about You that we collect offline;

aa)  to trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any FordPass;

bb) to comply with legal requirements.

[Individually and collectively referred to as ("Purposes")]

5.2 Lawful Basis for Processing Your Information

We have a lawful basis for processing of your Information (unless an exemption applies) which is as outlined below:

a)Performance of a contract.We may process your Information for performance of a contract with you as may be necessary. For example, we may process your payment information for sale of a product to you which has been ordered by you on our FordPass.

b) Legitimate Interest. We will process your Information in a manner that it serves our necessary and legitimate interests, except in the event where your interests or fundamental rights and freedoms in relation to such Information, override our legitimate interests. Such legitimate interests shall include prevention of fraud or misuse of services, IT and network security, marketing and advertising of products sold by us; enforcement of legal claims including debt collection via out-of-court procedures; and processing for marketing research purposes.

6. What happens if You don't provide Information?

6.1 Our primary goal in collecting Information from You when You visit FordPass is to provide You the functionality and services that You need to have a meaningful and customized experience while using FordPass features. We need to collect Information in order to verify user identity, pre-populate fields for user convenience, fulfill purchase orders, and conduct surveys and targeted marketing campaigns, including honoring Your request to receive text messages or mobile alerts regarding special money-saving service coupons and promotional offers. This FordPass may use a third party to deliver FordPass functionality. 

7.  To whom do we share and disclose Information?

7.1 Ford may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to other Ford entities (Ford Motor Company, USA and its other subsidiaries and affiliates), and to third party service providers for one or more of the Purposes or as may be required by applicable law. In such case, we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by Ford under applicable law. The other Ford entities and third party service providers will adhere to confidentiality obligations consistent with this Privacy Policy. The third party service providers of FordPass who have access to Your Information in connection with providing services for FordPass are required to keep the Information confidential and are not permitted to use this information for any other purpose than to carry out the services they are performing FordPass

7.2 Notwithstanding the above,We use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards, etc. to enable You to make payments for buying products on FordPassWhen You sign up for these services, You may have the ability to save Your card details for future reference and faster future payments. In such case, We may share Your relevant Personal Information as necessary for the third parties to provide such services, including Your name, residence, telephone number, your vehicle details and email address etc. The processing of payments or authorization is solely in accordance with these third parties policies, terms and conditions and we are not in any manner responsible or liable to You or any third party for any delay or failure at their end in processing the payments.

7.3 Ford may also share Information if Ford believes it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or Users of Ford or the public, violations of various terms and conditions or our policies.

7.4 Ford reserve the right to disclose Your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.

7.5 Ford will share Personal Information that You provide to FordPass to its authorized third party evaluators to evaluate, Support Services Provider, Ford dealers and distributors. This is necessary in order to answer product questions, request a price quote and perform Support Services. 

7.6 Ford may use and share FordPass metrics for FordPass with other Ford website, subsidiaries, affiliates, or our authorized Ford dealers and distributors. The information shared will be aggregate data and will not include any of Your personally identifiable information.

8. How do we link to other website?

8.1 FordPass provides links to other website. We encourage You to review the privacy statements of all sites which You visit, including those whose links are provided so that You can understand how those site collect, use and share Your information. FordPass is not responsible for the privacy statements, content or data handling practices on other website.

9. How do we protect Personal information?

9.1 Safeguarding information of visitors to FordPass is important to us. We use systems, policies and procedures to maintain accuracy of information and to protect information from loss, misuse or alteration.

9.2 When You send personally identifiable information, such as credit card numbers or telephone numbers, to FordPass we use "Secure Socket Layers" or SSL to protect Your data. SSL is encryption technology that helps safeguard Your Personally Information against misuse by unauthorized individuals.

9.3 The third party service providers of FordPass who have access to Your personally identifiable information in connection with providing services for FordPass are required to keep the information confidential. The third party service providers of FordPass are not permitted to use this information for any other purpose than to carry out the services they are performing for FordPass.

9.4 Ford may share Your Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, Ford is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. Ford is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party website, even if links to such third party website are provided on FordPass).

9.5 Notwithstanding anything contained in this Policy or elsewhere,Ford will not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).

9.6 A "Force Majeure Event" will mean any event that is beyond the reasonable control of Ford and will include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond reasonable control of Ford), power or electricity failure or unavailability of adequate power or electricity.

9.7 While We will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information.

9.8  Ford will retain all Personal Information till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.

9.9  Please inform us immediately in case you receive any communication from a source claiming or indicating any affiliation/association with Ford. Ford shall not be responsible for any transaction between you and a third party even if such transaction is a result of misrepresentation or fraud by the third party indicating to you that they have any affiliation/association with Ford.

10. Queries, comments and complaints about our handling of personal information

10.1   If You have any questions, comments or concerns about this Privacy Policy for FordPass, FordPass’s privacy practices, or have any questions regarding the contents of this FordPass please contact us at fpindia@ford.com.

10.2   Ford is committed to working with consumers to obtain a fair and rapid resolution of any complaints or disputes about privacy and the handling of Your data. We will be happy to respond to Your questions and comments.

11. How are children’s rights protected?

11.1   FordPass does not knowingly intend to collect personally identifiable information from children under 13 years of age. If a child has provided us with Personal Information a parent or guardian of that child may contact us at fpindia@ford.comthey want this information deleted from our records. We will then make reasonable efforts to delete the child's information from the database that stores information for FordPass.

12. Changes to Privacy Policy

12.1   We may change this Privacy Policy at any time by posting the revised Privacy Policy in the “Privacy Policy” section of FordPass. The revised Privacy Policy is effective immediately when posted on FordPass. It is the responsibility of each User to review FordPass and the Privacy Policy periodically to learn of any revisions to this Privacy Policy. Your continued use of FordPass after the effectiveness of such revisions will constitute your acknowledgment and acceptance of the terms of the revised Privacy Policy.

13. Privacy Policies of Third Party Website

13.1   This Privacy Policy only addresses the use and disclosure of information we collect from you. If you link to any such webFordPass that may be accessible through this FordPass we urge you to review the respective webFordPass’s privacy policy. We are not responsible for the policies or practices of third parties.

14. Your Legal Rights

14.1  Under certain circumstances, you have certain rights under data protection laws in relation to your Information such as requesting access to your data, requesting correction of your data, requesting erasure of your data, objecting to processing of your data, requesting restriction of processing of your data, requesting transfer of your data to you or a third party and requesting to withdraw consent to process your data. If you wish to exercise any of the rights set out above, please contact us.

14.2  We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

14.3  It is hereby clarified that you will not have to pay a fee to access your Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

15. Consent Policy

15.1 By visiting this FordPass or any functionality of FordPass and by providing Your Personal Information to us, You understand, agree and consent:

i)  to the collection, use, processing, transfer, and disclosure of Your Information globally in accordance with this Privacy Statement. Therefore, by visiting this FordPass and by providing such information, You consent to the transfer of such information across country borders, and to the use, processing, and disclosure of such information in global locations as required. Your consent will be deemed to include Your consent to transfer of the Information to locations that may have different levels of privacy protection than in Your own country. Ford will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy

ii) that the Information so collected is for lawful purpose connected with a function or activity of Ford or any person on their respective behalf, and the collection of Information is necessary for the Purposes.

iii) that disclosure, sharing and transfer of Your Information will not cause any wrongful loss to You or to any third party, or any wrongful gain to us or to any third party.

iv) that Ford will adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages will be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release Ford from any claim of damages under contract or under tort.

v) that all Personal Information will be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.

vi) that You are providing Your Information out of Your free will. You have an option not to provide or permit Ford to collect Your Personal Information or later on withdraw Your consent with respect to such Personal Information so provided herein by sending an email to fpindia@ford.com.