Privacy Policy

Privacy Notice

At Chery Auto Malaysia Sdn Bhd, we are committed to the protection of your Personal Data in and outside of Malaysia. This privacy notice (“Notice”) explains the collection of, processing of, disclosure of and your rights over your Personal Data pursuant to the Personal Data Protection Act 2010 of Malaysia (“Act”).

This Notice applies to all Personal Data which you have and/or will be provided to us and supplements any other privacy notices which may apply. This Notice does not apply to our products and services which have separate privacy notices that do not incorporate this Notice and to those products, services and/or activities offered by other providers wherein Chery Auto Malaysia has no influence over nor be responsible for the processing of such Personal Data by the third party provider (e.g. websites which you may access via links on our websites or services handled by third party providers which offered in our mobile applications, specific Social Media Platforms, App Stores and Advertising Networks which you have consented for your Personal Data to be transferred to). Please refer to the relevant third-party providers’ terms of use and privacy notice for such processing of your Personal Data which can be obtained from the relevant third-party providers’ websites, mobile applications and/or online portals.

“Personal Data” means information about you, from which you can be directly or indirectly identified, which you have provided to Chery Auto Malaysia including but not limited to when you request for information, sign up for our products and/or services, enter into any commercial transactions with Chery Auto Malaysia and/or its related companies, upon registration as a user on any of our websites, online portals or mobile applications or through cookies on our websites, and may include but not limited to your name, age, identity card number, passport number, address, gender, date of birth, online identity, instant messenger IDs, social network addresses, children basic details, marital status, occupation, bank account details, credit card details, income range, contact information, email address, employer, race, ethnic origin, nationality, body height, location data, media preference and usage, viewing, technical and device data (e.g. your browser or device type, cookies, unique device identifier, IP address), data about your vehicles (e.g., vehicle identification numbers, license plate, vehicle configurations, mileage, data about products that you have expressed interested in, used or purchased (e.g., details of purchase and lease agreements, order dates, delivery dates, vehicle configurations stored, information on the processing of guarantee and goodwill cases, payment methods, distribution channel and retailer information, respective contract status) and data about services that you have expressed interested in, or used or purchased (e.g., details of purchase and lease agreements, order dates, delivery dates and termination dates, connect services booked, error codes, repair data, mileage, information on the processing of guarantee and goodwill cases, repair location, costs and payment methods, distribution channel and retailer information, respective contract status) and any additional information relating to you. In the event that you provide us with any Personal Data relating to a third party identifiable from your Personal Data (e.g. information of your spouse, children, parents and/or employees), you represent to us that you have obtained the consent of the third party for us to process their Personal Data in accordance with this Notice.

It is obligatory to provide us with your Personal Data where it is indicated as such in any of our application, registration, contact, request, order, reservation or payment forms which may be provided to you physically, through our online portals, websites or mobile applications (“Obligatory Personal Data”). Obligatory Personal Data are those that we require in order to provide you with our products and/or services. The failure to supply such Obligatory Personal Data may affect your ability to use our products, services, online features and may be unable to provide you with the products and services that you have registered and subscribed for, updates on our latest products, services, promotions, events and/or launches, proceed with your reservation and/or process your payment transaction (“Products and Services”). Voluntary personal data are those that are not mandatory in order for us to provide you with our Products and Services (“Voluntary Personal Data”). If you do not provide us with Voluntary Personal Data, you can still sign up for our Products and Services.

How We Collect and Process Your Data

We will collect your Personal Data in the following manner and sources:

When you commence a business relationship with us or when you enter into any commercial transactions or execution of a contract with us;
When you register a user account on any of our websites, online portals or mobile applications;
When you access, browse on or use our websites or mobile applications, including but not limited to cookies used on our websites or mobile applications, browsers and operating systems you use, the date and time of your visit, the access status (e.g. whether you were able to open a website and/or mobile application or received an error message), the use of website and/or mobile application, the use of advertisements of Chery Auto Malaysia (including advertisements on third party websites and/or mobile applications), any search terms you may have entered, the frequency with which you open individual websites and/or mobile applications, the names of files you retrieve, the transferred data quantity, the website and/or mobile application from which you accessed our websites and/or mobile applications and the website and/or mobile application you visit after having visited our websites and/or mobile applications either by clicking links on our websites and/or mobile applications or by directly entering a domain in the input field of the same tab (or the same window) of the browser you used to open our websites and/or mobile applications.
When you use the emails on products and services sent to you (e.g. how often you open such emails, which links you click in the emails);
When you contact us through various methods such as application forms, order forms, contact forms, emails and letters, a chat, social media platforms including but not limited to Facebook, Twitter and Instagram, telephone calls and/or conversations you have with our staff and/or our Chery Auto Malaysia Authorized Sales Agents and Service Dealers. If you contact us or we contact you using any telecommunications platform, we may monitor or record the telephone call for quality assurance, training and security purposes;
When you use or obtain any of our Products and Services;
When you participate in any surveys, questionnaires, competitions, contests, offers, promotions or otherwise interact with us online or offline via an appointed third party;
From such other third-party sources where you have given your consent for the disclosure of Personal Data relating to you, and/or where otherwise lawfully permitted; and/or
From publicly available sources.

In the event that the circumstances listed in paragraphs (a) to (k) above result in sharing of personal information relating to other persons (for example your family members, employees or friends) with us, you confirm that, you have obtained their consent or otherwise entitled to provide their personal information to us and for us to use according to this Notice, and you have informed them to read this Notice.

Processing of Personal Data for Direct Marketing

This data protection information applies when you provide your consent to process your Personal Data for the purposes of direct marketing, whereby you consented to be contacted electronically (e.g. email, SMS, MMS, WhatsApp message, push notification, in-car-message), by telephone and by postal mailing for us as well as Chery Auto Malaysia company, Authorized Sales Agents and Service Dealers and/or our contractual partner to use your data to inform you in accordance with your interest about Chery Auto Malaysia products and services.

We will process your Personal Data for the purpose of direct marketing in accordance with the specific consent you have given to us.

Your consent declaration – as well as any withdrawal of a consent – will be transferred to Chery Auto Malaysia company, Authorized Sales Agents and Service Dealers and/or our contractual partner along with your contact details necessary to match it to you. The companies that are entitled to contact you based on your consent declaration, can consult your consent declaration to make sure that you are only contacted according to your preferences. In addition, each controller may deploy third party processors such as IT service providers or marketing agencies.

To the extent you consent to the transfer of data to specific Social Media Platforms, App Stores and Advertising Networks, some or all of the recipients are located or may have relevant operations outside of Malaysia. In such instances, you consent to the transfer of your Personal Data outside of Malaysia.

Use of Personal Data, Limitation of Purpose

Personal Data collected by Chery Auto Malaysia may be used for, but not limited to the extent necessary for the purposes of:

technical administration of the website, mobile applications for customer management;
improving our websites, mobile applications to be as user-friendly as possible and protecting our IT systems from attacks and other illegal activities;
for product surveys and/or statistical analysis;
providing services to you or in responding to any query from you and/or your representative;
for our internal record-keeping;
for internal investigations;
communicating with you;
taxation and/or auditing purposes;
conducting events, programmes, client promotional activities, and marketing in connection with our services;
sending material such as newsletters, articles and other updates;
for the repairs, servicing and maintenance of your vehicle with our Chery Auto Malaysia Authorized Service Dealers;
other purposes (e.g. display of personalised content or advertising based on your user behaviour), and possibly selected third parties use of your data, providing you give your consent;
direct marketing (e.g. informing you about Chery Auto Malaysia products and services that closely align to your interest);
for the protection of our legitimate interests (assertion, exercise or defence of legal claims);
for the exercise of any functions conferred or obligation imposed on any person by law and/or towards the administration of justice; and/or
for any purpose incidental, ancillary or in furtherance to the abovementioned purposes. (collectively referred to as “Purposes”)

Disclosure

Personal Data provided to us will generally be kept confidential but you hereby consent and authorise us to provide or disclose your Personal Data to the following categories of parties:

Any person to whom we are compelled or required to do so under the law or in response to a competent or government agency;
Any person to whom you have granted access to the products, services or other means of communication which we have provided or are providing to you;
Any Chery Auto Malaysia company and/or any of our related companies and subsidiaries including those established in the future, in Malaysia and all other countries;
Any third-party offers which available on our websites, mobile applications and online portals.
Any third-party providers which handle and manage the Products and Services which are to be provided to you;
Our Authorized Sales Agents and Service Dealers;
Our strategic business partners and authorised representatives;
Any Chery Auto Malaysia company and/or our contractual partner which you have consented to use your data for direct marketing purposes;
Our auditors, consultants, accountants, lawyers or other financial or professional advisers;
Our sub-contractors or third party service or product providers as may be determined to be necessary or appropriate.

Safeguards

We shall keep and process your Personal Data in a secure manner. We endeavour, where practicable, to implement the appropriate administrative and security safeguards and procedures in accordance with the applicable laws and regulations to prevent the unauthorised or unlawful processing of your Personal Data and the accidental loss of, destruction of, damage to, or manipulation of your Personal Data. We shall keep you informed of any breach to your Personal Data where we are legally required to do so. While we endeavour to take all reasonable steps to safeguard your Personal Data and keep your Personal Data protected, there may be situations where you are linked to external websites or mobile applications while using our websites, mobile applications System, which we shall not be held responsible for the data policies procedures, or content of these external sites.

Data Transfer & Sharing

Where we consider it is necessary or appropriate for the purposes of data storage or processing or providing any service or product on our behalf to you, we may transfer your Personal Data to any Chery Auto Malaysia company, any of our related companies and subsidiaries including those established in the future, third party service or product providers, business partners and/or Authorized Sales Agents and Service Dealers within or outside Malaysia, under conditions of confidentiality and similar levels of security safeguards. You hereby consent to us transferring your Personal Data outside Malaysia in these instances where it may be necessary for us to transfer your Personal Data outside Malaysia if any of our service providers or business partners who are involved in providing part of our products or services are in countries outside of Malaysia. Reasonable steps will be taken to safeguard your Personal Data whereby these service or products providers, business partners and Authorized Sales Agents and Service Dealers will not use the Personal Data for any reason other than to provide the products or services they are contracted to provide.

Data Retention

We will retain your Personal Data in compliance with this Notice for the duration of your relationship with us whether it is through the provision of any product or service, or for such period as may be necessary to protect our interests and/or where otherwise required by law including but not limited to legal commercial and legal tax record-keeping requirements. We will ensure that all Personal Data is destroyed or permanently deleted when such data is no longer required.

Social plugins

We use what are known as social plugins of social networks such as Facebook, Instagram, TikTok, XiaoHongShu and Google+. When you browse or visit our website or mobile application, these social plugins are deactivated as standard, i.e. without any action on your part no data is transferred to the operators of these social networks. If you wish to use one of the social networks, you can activate them by clicking on the relevant social plug-in to establish a connection to the server of the network concerned.

If you have a user account with the corresponding social network and you are logged in to this specific social network at the time you activate the social plug-in, this social network can attribute your visit to our websites or our mobile applications to your user account. If you would like to prevent this, please log out from the social network prior to activating the social plug-in. A social network is unable to attribute a visit to other Chery Auto Malaysia websites or mobile applications before you have activated any available social plug-in there.

If you activate a social plug-in, the network directly transfers the consequently available data to your browser, which integrates it into our websites and/or mobile applications. In this situation there may also be data transfers that are initiated and controlled by the corresponding social network. Your connection with a social network, the data transfer which takes place between the network and your system, and your interactions on this platform are subject solely to the data protection provisions of the network concerned.

The social plugin remains active until you deactivate it again or delete your cookies. You can find more detailed information on cookies in our cookie notes.

When you click on a link to an offer or activate a social plug-in, it is possible that Personal Data may reach providers in countries outside of Malaysia. Please consider this before clicking on a link or activating a social plug-in and thereby initiating a transfer of your data.

For the operation, optimisation and security of our websites and mobile applications also use qualified service providers (e.g. IT service providers, marketing agencies). We only pass on Personal Data to these service providers if so required for the provision and use of the websites, mobile applications and their functionalities, for the pursuit of legitimate interests, to meet legal obligations or insofar as you have consented to such processing of Personal Data in this Notice.

Evaluation of usage data & interest-related information

We use Adobe Analytics and Google Analytics products in order to be able to detect visitors’ preferences and particularly popular parts of our internet offer. This enables us to provide content that is more accurately suited to your needs, and in so doing improve our service.

We also use what are known as retargeting technologies in order to be able to show you content matching your interests and requirements on our websites and mobile applications. Your interest in our products and services is stored in cookies to this end. These cookies are processed during a visit to our websites or mobile applications. This takes place in an anonymised fashion, i.e. you cannot be identified through retargeting.

User-based information (targeting and retargeting)

We also use what are known as retargeting technologies in order to be able to match our online marketing (e.g. banner advertising) more specifically to your requirements and interests on the websites or mobile applications of our retargeting partners. Your interest in our products and services is stored in cookies to this end. These cookies are processed and used when visiting other websites or mobile applications which cooperate with our retargeting partners, in order to be able to provide you with information related as closely as possible to your interests. This takes place in an anonymised fashion, i.e. you cannot be identified through retargeting.

Your Right of Access and Correction

In order to provide you with effective and continuous Products and Services, it is required that you provide us with accurate and complete Personal Data, failing which we may not be able to process your request or application. You may request access to your Personal Data, and/or correct your Personal Data which is inaccurate, incomplete, misleading or not current, if necessary. You may contact us at jaecoo@jaecoo.my or found in our website.

We provide this Notice in both English and Bahasa Malaysia. In case of any inconsistencies between these two, the English version shall prevail. In case there are any inconsistencies on how we collect or use your personal data between this Notice and the terms and conditions of your specific Products and Services or other contractual documents, the terms and conditions of your specific Products or Services or other contractual documents shall prevail.

In the event that you do not approve of our use of your Personal Data for any other purpose apart from the purpose for which your information was provided to us, you may inform us of this by contacting us using the contact details found in our website or in this Notice, and we shall take all reasonable efforts to comply with your request and in accordance with the personal data protection law and regulation of Malaysia.

Cookies

Cookies may be used when you are visiting our websites and mobile applications. Technically, these are so-called HTML cookies and similar software tools such as Web/DOM Storage or Local Shared Objects (so-called “Flash cookies”), which we collectively refer to as cookies. We also use cookies to show you usage-based content and advertising which we work with selected partners (e.g. Google, Facebook)
Cookies are small files that are stored on your desktop, laptop or mobile device while you visit a website or mobile application. Cookies make it possible, for example, to determine whether there has already been a connection between the device and the websites or mobile applications; take into account your preferred language or other settings, offer you certain functions (e.g. online shop, vehicle configurator) or recognise your usage-based interests. Cookies may also contain personal data which we may share with any Chery Auto Malaysia to improve the usage-based content and advertising shown to you.
The use of cookies also depends on the settings of the web browser you are using (e.g., Microsoft Edge, Google Chrome, Apple Safari, Mozilla Firefox). Most web browsers are preset to automatically accept certain types of cookies; however, you can usually change this setting. You can delete stored cookies at any time. Web/DOM storage and local shared objects can be deleted separately. You can find out how this works in the browser or device you are using in the manual of the learner.
The consent to, and rejection or deletion of, cookies are tied to the device and also to the respective web browser you use. If you use multiple devices or web browsers, you can make decisions or settings differently.
If you decide against the use of cookies or delete them, you may not have access to all functions of our websites, mobile applications or individual functions may be limited.

If you subscribe to a newsletter which is offered by us, the data you provide when registering for the newsletter will be used solely for the purpose of sending out the newsletter, unless you consent to any use beyond this. You can end the subscription at any time via the unsubscribe option in the newsletter.

Changes to Privacy Notice

We reserve the right to amend this Notice from time to time without prior notice. The updated version of this Notice shall be available on our website.