PRIVACY NOTICE

 

Notice about website Data Protection

In this website Data Protection Notice (Privacy Notice) according to Article 13, 14 GDPR we are informing you about the processing of your personal data by Lotus Tech Innovation Centre GmbH, Magellan-Allee 4, D-65479 Raunheim (“we”) in the context of the use of our website.

We use the following terms, among others, in this Privacy Notice:

 

Personal data

Personal Data means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

Processing

Processing means any operation or set of operations performed with or without the aid of automated processes in connection with personal data such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

 

Data Subject

Data Subject means any identified or identifiable natural person whose personal data are processed by the responsible person.

1. Who is responsible for data processing and whom can I contact?

The entity responsible for the processing of your personal data (the controller) according to Art. 4 (7) of the General Data Protection Regulation (in the following “GDPR”) is:

Lotus Tech Innovation Centre GmbH, Magellan-Allee 4, D-65479 Raunheim.


In case you have concerns about data protection or if you wish to assert your data protection rights you can preferably either use the “Contact” link in the footer of this website or use direct e-mail to ltic@eu.lotuscars.com. 

 

In case you have concerns about data protection or in case you wish to assert your data protection rights, you can also contact our company’s data protection officer:

Dr. Karsten Kinast, LL.M, KINAST Rechtsanwaltsgesellschaft mbH, Hohenzollernring 54, 50672 Cologne, Germany
E-Mail: dpo-ltic@kinast.eu.

 

If you have any general questions about this privacy notice or the processing of your personal data by Lotus Tech Innovation Centre GmbH, you can also click the “Contact” link in the footer of this website or use direct e-mail to ltic@eu.lotuscars.com.

2. What data do we process and what sources do such data come from?

In general, you can use the website without providing any personal data beyond technically necessary.
Each time you access the website, your internet browser automatically transmits certain information, that is stored in so-called log files. The logfiles will be transmitted to a supplier within the European Economic Area. In particular, the following information is transmitted automatically:

  • IP address (Internet Protocol address) of the terminal from which the online service is accessed;
  • Internet address of the website from which the online service was accessed (“source URL” or “referrer URL”);
  • Name of the service provider used to access the online offer;
  • Name of the files or information retrieved;
  • Date and time as well as duration of the retrieval;
  • Transferred data volume;
  • Operating system and information about the Internet browser used, including installed add-ons (e.g., Flash Player);
  • http status code (for example, “request succeeded” or “requested file not found”).

 

In the log files, the above data are stored without your complete IP address, so that it is not possible to trace back the stored log files to you. Lotus Tech Innovation Centre GmbH will not draw any conclusions about the person concerned when using this general data and information. 

The aforementioned data are processed for the following purposes:

  • Ensuring a smooth connection set-up of the website,
  • Ensuring a comfortable use of our website,
  • evaluating system security and stability,
  • for other administrative purposes.

The legal basis for the data processing is Art. 6 (1) lit. f GDPR. The processing of the aforementioned data is necessary for the provision of a website and thus serves to protect a legitimate interest of our company.

The personal data are stored for 14 days.

3. For what purposes do we process your data and on which legal basis?

3.1 Purposes and legal bases for the processing

We process your personal data for various purposes in accordance with the provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act [Bundesdatenschutzgesetz (“BDSG”)].

The processing of your personal data must be based on one of the following legal bases:

  • You have given your consent (art. 6 (1) (a) GDPR);
  • Processing is necessary to perform a contract with you, or in order to take steps your request prior to entering into a contract (art. 6 (1) (b) GDPR);
  • Processing is necessary for compliance with a legal obligation under EU law or under a Member State law to which we are subject (art. 6 (1) (c) GDPR);
  • Processing is necessary to protect your vital interests or the vital interests of another person (art. 6 (1) (d) GDPR);
  • Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority which has been vested in us (art. 6 (1) (e) GDPR);
  • Processing is necessary for the purposes of the legitimate interests pursued by Lotus Tech Innovation Centre GmbH or of a third party, except where these interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data, particularly where this concerns a child (art. 6 (1) (f) GDPR) (“Balancing of Interests“).

Following on from the above, we process your personal data on the basis of the following legal bases for the following purposes:

Purpose Legal Basis Legitimate Interest for Balancing of Interests
Provision of the website for the general public and for the purpose of enabling contact by interested parties Balancing of interests We have a legitimate interest in providing an Internet presence (website) in an effort to provide general information about our company.
To contact you and provide you with information that you have requested and deal with any matters arising as a result of that contact Performance of a contract (if the communication relates to a contract we have with you), respectively necessary in order to take steps at your request prior to entering into a contract (if the communication relates to a contract we may enter into with you) or (in all other cases) balancing of interests Only relevant in the case of balancing of interests: We have a legitimate interest in communicating with you upon your request and to deal with any matters arising of that contact.
Identification of disruptions and assurance of system security, including detection and tracking of unauthorized access attempts and access to our web servers Compliance with our legal obligations with respect to data security (as far as we are legally obliged under EU or Member State law to carry out these measures); in all other cases balancing of interests Only relevant in the case of balancing of interests: We have a legitimate interest in eliminating disruptions, ensuring system security, and detecting and tracking unauthorized access attempts.
Compliance with fiscal control and reporting obligations, archiving of data Compliance with legal obligations (under EU or Member State law), Balancing of interests (other law) Only relevant in the case of balancing of interests: We have a legitimate interest in complying with our legal obligations arising from other law.
Disclosure within the scope of official/judicial measures for the purposes of gathering evidence, prosecution and enforcement of civil claims Compliance with legal obligations (as far as we are legally obliged to carry out these measures under EU or Member State law), in all other cases balancing of interests Only relevant in the case of balancing of interests: We have a legitimate interest in disclosing personal data if it can serve as evidence, assist in prosecution and/or allows us to enforce civil claims.
Audit and special audits, internal investigations Balancing of interests We have a legitimate interest in the verification of compliance with contractual and statutory obligations by Lotus Tech Innovation Centre GmbH, its employees and its partners.
Statistical evaluations for corporate management, cost recording and controlling Balancing of interests We have a legitimate interest in carrying out evaluations for the control of our business processes and cost control.
Assertion of legal claims and defence in legal disputes Balancing of interests We have a legitimate interest in the assertion, exercise or defence of legal claims.

Please observe your rights of objection when processing data for the purpose of direct marketing or for personal reasons and your right to withdraw consent (see section 7 “What rights do I have?” and section 7.1 “Information about Your Rights to Object”).

3.2 Is there an obligation to provide data?

In the context of our business relationship, you need to provide only the personal data that is required to enter into or conduct a business relationship or that we are required to collect by law. Without that data, we will generally have to refuse to enter into the contract, or we will be unable to perform an existing contract and possibly may have to terminate it.

4. Who receives my data?

Due to the size and complexity of the data processing by Lotus Tech Innovation Centre GmbH, it is not possible to list each recipient of your personal data individually in this data protection notice. For that reason categories of recipients are specified.
Within Lotus Tech Innovation Centre GmbH, your data are provided to the respective departments in charge of the data processing (e.g. HR, customer support, IT).

Processors and other third-party service providers may also receive data for these purposes. Service providers can also be commissioned to provide server capacity. These service providers will only process the data as instructed by us and will be required to comply with the applicable data protection regulations. All processors are carefully selected and will only have access to your data to the extent and for the period of time necessary to provide the services or to the extent that you have consented to the processing and use of the data.
This includes:

  • Hosting providers
  • Homepage designers
  • Cloud Service Providers

We have selected the following processor:
360VIER GmbH, Wambolt’sches Schloss, Curtigasse 6, 64823 Groß-Umstadt, Germany

Your personal data will be disclosed by us to third parties only if this is necessary for the fulfilment of the contract, if we or the third party have a legitimate interest in the disclosure, or if you have given your consent. In addition, data may be transferred to third parties to the extent we are required to do so by law or by enforceable regulatory or judicial order. Third parties to whom we may transfer your personal data, irrespective of the services we provide, include

  • External consultants of Lotus Tech Innovation Centre GmbH (e.g., attorneys, tax consultant, chartered accountant)
  • Authorities within their jurisdiction (e.g., tax office, police, public prosecutor’s office),
  • Courts
  • Other third parties, if you instruct us to pass on data or give your consent.

For application purposes, you will be referred to our application portal which we share with our Geely parent company. This is subject to our separate Applicant Privacy Policy.

5. Are data transmitted to a third country?

We may transfer your data to other countries and countries outside of the European Union or the European Economic Area, so called third countries to contract processors in third countries. A transfer of data to third countries may occur only to the extent necessary to perform services for you, if required by law, or where you have given consent.

Please note that not all third countries have a data protection level recognized as adequate by the European Commission. For data transfers to third countries, we will ensure that the recipient has an adequate level of data protection before transferring any personal data. (e.g., through an agreement with the recipient containing so-called Standard Contractual Clauses of the European Union or other appropriate safeguards).

6. How long will my data be stored?

We store your data as long as necessary for the provision of our services to you. In some cases, data will be stored for longer, e.g., in fulfilment of legal obligations or in case of legitimate interest.

We will only store your data for as long as it is needed to achieve whatever purpose we are pursuing under strict consideration of the principle of data minimization. Your personal data will be deleted as soon as the respective purpose for processing has been achieved or has subsequently ceased to exist, unless there are further legal obligations to process it.

Legal obligations relating to storage periods are inter alia, up to ten years according to the German Commercial Code (Handelsgesetzbuch – “HGB”) and the Fiscal Code of Germany (Abgabenordnung – “AO”).

7. What rights do I have?

7.1 Your rights as the Data Subject

As the data subject, you are entitled to the following data protection rights:

Access: You have the right to request access to personal data processed at Lotus Tech Innovation Centre GmbH and about the scope of data processing and data transfer performed by Lotus Tech Innovation Centre GmbH. You also have the right to obtain a copy of your stored personal data.
Rectification: With respect to your personal data stored at Lotus Tech Innovation Centre GmbH, you have the right to demand the immediate rectification of incorrect personal data and you have the right to have incomplete personal data completed.
Erasure: You have the right to demand the immediate deletion or erasure of your personal data stored by Lotus Tech Innovation Centre GmbH, provided the legal requirements are satisfied.

This in particular is the case if

·       your personal data is no longer needed for the purposes for which it was collected;

·       the sole legal basis for processing such data was your consent, and you have withdrawn such consent;

·       you have objected to processing on the legal grounds relating to your particular situation, and we cannot prove that there are overriding legitimate grounds for processing;

·       your personal data were processed unlawfully; or

·       your personal data must be erased in order to comply with legal requirements.

Data transmitted to third parties, will be erased to the extent required by law.

Please note that your right to erasure is subject to certain limitations. For example, we may not and/or must not erase data that we are still required to retain due to statutory retention obligations. In addition, your right of erasure does not extend to data that we need in order to assert, exercise or defend against legal claims.
Restriction to the Processing: Under certain conditions, you have the right to request that processing be limited (i.e., the marking of stored personal data with the aim of limiting its processing in the future). The requirements are:

·       The accuracy of your personal data is contested by you and Lotus Tech Innovation Centre GmbH must verify the accuracy of the personal data;

·       the processing is unlawful, but you oppose the erasure of the personal data and request the restriction of their use instead;

·       Lotus Tech Innovation Centre GmbH no longer needs the personal data for the purposes of processing, but you require the data to establish, exercise or defend your legal claims.

·       you have objected to processing in accordance with Art. 21 of the GDPR pending the verification of whether the legitimate grounds of Lotus Tech Innovation Centre GmbH override your legitimate grounds.

Where processing has been restricted, such data will be marked accordingly and, with the exception of storage, will be processed only with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest the EU or an EU Member State.
Data Portability: You have the right to receive automatically processed data in a structured, commonly used and machine-readable format. You have the right to transmit those data to another controller without hindrance from Lotus Tech Innovation Centre GmbH. You also have the right to have the personal data transmitted directly from Lotus Tech Innovation Centre GmbH to another controller where technically feasible, provided that such transmission does not adversely affect the rights and freedoms of others.
Right to Object: Provided we process personal data on basis of legitimate interest or in public interest, you have the right to object to the processing on grounds relating to your particular situation. In addition, you have an unrestricted right to object in case we process personal data for direct marketing purposes upon prior consent. Please see our separate note in the section titled “Information about your right to object”.
Withdrawal of Consent: If you have given consent to the processing of your personal data, then you can withdraw such consent at any time without stating reasons. Please note that the withdrawal applies to future processing only. Processing that occurred before the withdrawal of consent is unaffected.
You can preferably exercise any of the above rights by either using the “Contact” link in the footer of this website or by using direct e-mail to ltic@eu.lotuscars.com 
Complaint: Furthermore, you have a right to file a complaint with a data protection authority, if you believe that the processing of your personal data is unlawful. The right to file a complaint is without prejudice to any other administrative or judicial remedies.

The address of the data protection supervisory authority responsible for Lotus Tech Innovation Centre GmbH is:

Der Hessische Beauftragte für Datenschutz und Informationsfreiheit

Postfach 3163

65021 Wiesbaden

Deutschland
https://datenschutz.hessen.de/service/beschwerde-uebermitteln

 

7.2 Information about Your Rights to Object

 

Right to object for personal reasons

You have the right to object to the processing of your personal data on grounds relating to your particular situation. The prerequisite for this is that the data processing takes place in the public interest or on the basis of a balancing of interests. This also applies to profiling.

Insofar as the processing of your personal data is based on a balancing of interests, we generally assume that we can demonstrate compelling legitimate grounds but will, of course, examine each individual case.

In the event of an objection, we will no longer process your personal data, unless

  • we can demonstrate compelling legitimate grounds for the processing of these data that override your interests, rights and freedoms, or
  • your personal data serves the establishment, exercise or defence of legal claims.

 

Objection to the processing of your data for our direct marketing purposes

If we process your personal data for the purpose of direct advertising, you have the right at any time to object to the processing of your personal data for the purpose of such advertising; this also applies to profiling in the context of direct marketing.
If you object to the processing for purposes of direct marketing, we will no longer process your personal data for these purposes.

 

Exercise of the right of objection

The objection can be made without form and should preferably be made by either using the “Contact” link in the footer of this website or by using direct e-mail to ltic@eu.lotuscars.com.

8. Website Technologies

8.1 Cookies

On our website we use technologies making the usage easier and more user-friendly or provide additional functionality (thus making the website more user-friendly, effective and secure). Those technologies may e.g., include cookies, pixels and scripts (hereinafter “cookies”).

Cookies are small files that are stored on the user’s computer or other mobile or handheld device when visiting a website. They are used to provide strictly necessary technical core functionalities safeguarding proper and secure performance of the website.
Cookies “remember” when your computer or device accesses this website. Cookies are stored in your browser and will help the website, or another website, to recognize your device the next time you visit. Most cookies won’t collect information directly identifiable to you as a person (personal data) and will instead collect more general information such as how users arrive at and use our website. Cookies may, however, be used to create a profile of the users’ activities.

  • The use of technically necessary cookies takes place on the basis of section 25 para. 2 TTDSG.
    The following processing of your personal data is based on art. 6 para. 1 lit. f GDPR from our overriding legitimate interest in ensuring the optimal functionality of the website and a user-friendly and effective design of our offer.

The use of cookies not technically necessary requires your consent according to section 25 para. 1 TTDSG. You can consent to the use of cookies not technically necessary in the cookie banner displayed when you open the website. For details on the cookies we use, please click here to setup your cookie preferences. The following processing of your personal data also requires your consent based on art. 6 para. 1 lit. a GDPR.

 

8.2 Google Maps

This Website optionally uses the Google Maps API to provide you with interactive map features. Google Maps is a product of Google Ireland Limited (Gordon House, Barrow Street Dublin 4, Ireland, “Google”). When accessing Google Maps from this website Google will save cookies to your browser. Google then may collect certain information on the use of its product. This can be, e.g., search entries, geolocation data, address entries or other interaction. These data may be used by Google to optimize performance but also to personalize their own offer. Such data may also be subject to transfer to Third Party Providers or countries outside the European Economic Area.
Please be aware that the processing of personal data in the context of Google Maps is subject to Google’s own Terms and Conditions and Privacy Policy.
You can prevent Google Maps from collecting information on you by disabling cookies on your browser, by deleting cookies from your browser’s cache or by simply deactivating  “External media” on our website’s cookie-dashboard.
Please also be aware that once these cookies are being disabled, Google Maps will not properly work on this website.

 

When using Google Maps, personal data may be transferred to countries outside the EU/EEA, in particular to the USA. In order to be able to guarantee adequate protection of your personal data in the event of the transfer of personal data to such so-called third countries, we have concluded EU-US Standard Contractual Clauses with Google. The USA are assessed by the European Court of Justice as a country with an inadequate level of data protection according to EU standards. Due to the lack of an adequacy decision and without appropriate safeguards, there is a particular risk that your data may be processed by US authorities for control and monitoring purposes, possibly also without any legal remedy. Furthermore, we are in constant exchange with Google to ensure the protection of your personal data with any additional measures that may be necessary.

9. Hyperlinks

Our website contains hyperlinks to websites of other providers (“Third Party Providers”). The offers of Third Party Providers also include those of other Geely Group companies or Social Media to which hyperlinks are provided on our website or which are otherwise integrated on our website. We use these on the basis of art. 6 (1) sentence 1 lit. f GDPR in order to raise awareness of our company. The underlying promotional purpose is to be regarded as a legitimate interest within the meaning of the GDPR.

When clicking these hyperlinks, you will be redirected to the Third Party Provider’s website. You will recognize this when the URL in your Browser window is changed. Please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before submitting any personal data to these websites.

10. Data Security

We are committed to protecting your privacy and treating your personal data confidentially. In order to avoid any manipulation, loss or misuse of your data processed by us, we take extensive technical and organizational security measures that are regularly reviewed and adapted to technological progress. This includes, among other things, the use of recognized encryption methods (SSL or TLS).

However, we would like to point out that due to the structure of the internet, it is possible that the data protection regulations and the above-mentioned security measures may not be observed by other parties or institutions for which we are not responsible. In particular, unencrypted data can be read by third parties. We have no technical influence on this. It is the responsibility of the user to protect their provided data against misuse by encryption or in any other way.

Version: September 2023