Your privacy as a customer matter to us and we welcome you to the privacy policy (the “Policy”) of Mohamed Nasser Al Sayer & Sons Est. Co. W.L.L. (MNSS) in relation to your use of the https://www.lexus.com.kw/  (the “Website”).

MNSS respects your privacy and will endeavor to protect your personal data. Any personal information you provide to us including and similar to your name, address, telephone number and e-mail address will not be released, sold, or rented to any entities or individuals outside of our organization except as provided in the Policy.

The terms of the Policy that are set forth below are intended to inform you as to how we look after your personal data when you visit the Website (regardless of where you visit it from) and to explain to you what your privacy rights relating to that data comprise for these purposes. The expressions ‘you’, ‘your’ and ‘Customer’ or ‘customer’ are each intended to refer to you in such capacity.

These terms have been drafted in both the English and Arabic languages. In the event of any inconsistency or conflict between the two versions concerning the interpretation or application of these terms, the Arabic version shall prevail.

Your accessing the Website will be construed as representing to us that you have read, understood, and accepted the terms of the Policy in their entirety. If you are unable for any reason to agree to the application of the terms of the Policy, you should not access this Website and if you have already done so you should exit the Website immediately.

For your information, we reserve absolutely the right at any time and without notice to amend the Policy’s terms from time to time by updating this posting without notice. You should check the Website from time to time to ensure that you are fully aware of any such amendments that we may make. Kindly also note that the terms of the Policy are subject in all respects to the Website’s Terms & Conditions, which in turn are subject to amendment from time to time in accordance with the Website’s Terms & Conditions.   

If your personal information changes at any time (such as post code, email address, for example), or if we have inaccurate information concerning you, we will endeavour to correct, update, or remove your personal data from our database in order to reflect the changes you have notified to us.       

1.  IMPORTANT INFORMATION AND WHO WE ARE           

 THE PURPOSE OF THE POLICY  

The objective of the Policy is to provide you with information as to how MNSS collects and processes your personal data through your use of the Website, including any such data that you may provide when signing up for access to our newsletter or when you purchase goods or services provided through the Website.

Kindly note that the Website is not intended for use by children (being persons under the age of 18) and we do not intentionally or knowingly collect personal or other data relating to children through our operation of the Website or otherwise.

It is very important that you read the terms of the Policy together with any other privacy policy or fair dealing policy which we may subsequently provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using that data. The Policy supplements any other notices and privacy policies previously issued or posted by us and (unless otherwise stated) is not intended to override or replace any of them.

WHO WE ARE

MNSS is the controller of the Website and accordingly is responsible for your personal data. References in the Policy to “we”, “us” or “our” are all intended to be construed as references to MNSS.

Should you have any questions concerning the Policy, its application, purpose or operation, including any requests by you to exercise your legal rights, please contact our data privacy manager using the details set out below.

MNSS CONTACT DETAILS:

24 Hour Hotline: 1803803

YOUR CONTACT DETAILS  

When contacting us, we may ask you for your contact information so that we may attend to your questions as attentively and as promptly as possible. That information may include any of the following. Please be sure to have that information available at the material time:   

Full name:   

Email address:                    

Postal address:                      

Telephone number

CHANGES TO THE TERMS OF THE POLICY AND YOUR DUTY TO INFORM US OF ANY CHANGES TO YOUR PERSONAL DATA OR CIRCUMSTANCES

We keep the terms of the Policy under regular review.

It is important that the personal data we hold about you is kept accurate and current. Please keep us informed whenever your personal data changes in any respect during your relationship with us.

THIRD-PARTY LINKS  

The Website may include links to third-party websites, plug-ins, and applications. Clicking on those links or otherwise enabling those connections may allow third - parties to collect or share personal data about you and your status or circumstances. We are not responsible for the content of any websites that are linked to the Website We cannot and do not exercise any control over such third – parties or their websites or the operation of the applications concerned and thus we cannot be held responsible in any circumstances for the application or effectiveness of the privacy policies or statements contained therein.  Accordingly, we encourage you to read and note the terms of all such policies or statements as and when you visit any such third – party website, which may be materially different in terms of content and/or the protection of your personal data from that set forth in the Policy. 

2.  THE PERSONAL DATA WE MAY COLLECT ABOUT YOU, YOUR STATUS AND CIRCUMSTANCES  

Personal data means any information about an individual from which that person can be identified. It does not include data where the identity of the person concerned has been removed or redacted so that his identity is not disclosed.

By your accessing or use of the Website you agree that we may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes family names, username or similar identifier, marital status, title, date of birth and gender, address, governorate, email address and telephone / mobile number.
• vehicle or machine information (such as vehicle or machine registration number, model, model year, date of purchase or lease and service history)
• Contact Data which includes billing address, email address and telephone numbers.
• Financial Data which includes bank account and payment card details.
• Technical Data which includes 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 this website.
• Profile Data which includes your username and password for access to the Website, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
• Usage Data which includes information about how you use the Website and the goods and services available on it or through it.
• Marketing and Communications Data which includes your recorded preferences in receiving marketing materials and information from us and our third - parties (suppliers, repairers, and other service providers) and your recorded communication preferences.
• Marketing Profile Information (such as when you plan to purchase or take on lease the machine or vehicle or other product in which you are interested).
• Images such as those that you may submit for contests or competitions.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature of the Website. However, if we combine or connect Aggregated 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 the terms of the Policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, 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.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data under the terms of any contract, we have with you (for example, to provide you with goods or services), 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.  In this case, we may have to cancel the contract concerned without notice. 

3.  HOW IS YOUR PERSONAL DATA COLLECTED?  

We use different methods to collect personal data from and about you including, without limitation:

Direct interaction with us. As our Customer, you may provide us from time to time with details of your personal identity, contact information and financial data by means of filling in forms sent to you by us for completion or by corresponding with us by post, telephone, email or otherwise. These details may include personal data which you provide when you:

• instruct us to provide any goods or services;
• subscribe to our service or publications;
• request marketing materials or information to be sent to you;
• provide us with feedback at our request or suggestion or when you contact us;
• complete and submit any customer enquiry or comment forms;
• make any sales inquiry or submit any contest or competition entry forms posted on the Website;
• ask us for information about a product or a service and related promotional or marketing events;
• request a vehicle or machine test drive and other incentive applications;
• make to, or receive from, us any telephone calls; these may be recorded by us in order to verify content and may be used together with your other records for regulatory compliance, quality control, and staff training, the prevention or detection of criminal activity and for attending to any customer complaint;
• participate in any surveys where personal data may be collected. If you enter any of our contests or competitions using your social media platforms (where available), we may collect information about you from your social media profile;
• agree that we may collect certain information about you or your machine or vehicle;
•  interact with the Website, in which case we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies;
• Third parties or publicly available sources.

Technical Data which we may collect from the following parties and sources concerning you, your identity and other personal data:

(a)  analytics providers such as Google;

(b)  search information providers;

(c) regarding Contact, Financial and Transaction Data, from providers of technical, payment and delivery services; and

(d) regarding Identity and Contact Data, from publicly available sources. 

4.  HOW WE USE YOUR PERSONAL DATA  

We will use your personal data in the following circumstances:

• Where we need to perform any contract for goods and services which we are about to enter into, or which we have already entered into, with you.
• Where it is necessary for us to do so in relation to our Legitimate Interest (or those of a third party having an interest in any contract for the provision to you of goods and services, as referred to previously).
• Where we need to comply with a legal obligation binding upon us.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

Any of the personal data which we collect from or in respect of you may be used by us for a range of purposes relating to the products and services that are offered on the Website. Those purposes include, without limitation:

·        To personalize your experience of the offered goods and services as a customer (your information helps us to better respond to your individual needs);

·        To enhance  your experience as an actual or potential customer whenever you access the Website. we continually strive to improve our Website offerings based on information and feedback we receive from you);

·        To improve the quality of our customer service (your personal data and the other information and feedback you provide to us helps us to more efficiently respond to your purchase enquiry requests and customer service requests – such as receiving feedback, dealing with complaints, and providing customer support needs).

MARKETING AND PROMOTIONAL ACTIVITES

From time to time, we may use personal data to inform our customers, prospective customers, and other persons with whom we interact about our offered products and services, or about special offers, promotions, and events that we think may be of interest. We may provide any part of that personal data using any contact number or address provided that you have provided to us for that purpose, including without limitation by post, phone, email, and SMS.

Your consent to receive direct marketing communications by any of the means referred to above shall be deemed to have been provided by you where you have not elected to opt out from receiving these from us  where we have previously offered you  the opportunity to do so, and that will remain the case indefinitely or  unless and until you advise us otherwise. You have the contractual right to  opt-out from  receiving direct marketing communications or materials from us at any time.

OPTING OUT  

You are entitled to request at any time that we or any third parties concerned to stop sending you marketing and promotion messages by logging into the Website and checking or unchecking relevant boxes in order to adjust your marketing preferences, or alternatively by following the opt-out links on any marketing message sent to you either by us or the third parties mentioned previously. Further you may submit such request to us by e – mail at any time.

Kindly note that your exercising your right to opt – out as described above will not affect or restrict the use of by us of personal data provided by you to us in relation to any product or services purchase, warranty registration, feedback regarding any product or services experience from the past or any other ongoing transactions entered into between you and us.

COOKIES

As you may be aware, cookies  are small text files, containing data about your general internet usage which are stored on the  hard drive of your computer. Cookies help us to improve the operation of the Website  and to deliver a better and more personalized service to our customers. In particular, we use Google Analytics and similar products to enable us to track visitors to the Website.

You may disable or refuse cookies by way of setting your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Website  may subsequently become inaccessible or may otherwise cease to  function properly.

CHANGE OF PURPOSE

It is a condition to your use of the Website that you agree to our changing the purposes for which we collect personal data concerning you.

Consequently, we shall be entitled to  process your personal data without your knowledge or consent whenever we need to do so.

However, whenever we do so, we shall use our reasonable efforts to inform you retrospectively within a reasonable timeframe that we have done so. 

5.  DISCLOSURE OF YOUR PERSONAL DATA

By your use of the Website, you agree that we may, without notice, share your personal data with any of the parties referred to below:  

• Service providers acting as processors who provide IT and system administration services to us;

• Our professional advisers acting as processors or joint controllers of the Website including lawyers, bankers, auditors, and insurers in the course of their providing consultancy, banking, legal, insurance and accounting services to us in the course of our business;

• Government regulators and other authorities acting as processors or joint controllers based in Kuwait who require reporting of processing activities in certain circumstances; or.

•  Third - parties to whom we may choose to sell, transfer or merge parts of our business or our assets.  If any change occurs to the operation, management, nature or conduct of our business as a consequence of any such sale, transfer, or merger, then the successors in interest may use your personal data in the same way as set out in the Policy.

We cannot assure that above parties would respect the security of your personal data nor to treat it in accordance with the law. 

6.  INTERNATIONAL TRANSFERS OF PERSONAL DATA 

Many of the third parties with whom we transact the business described in the Website are located outside Kuwait. Consequently, where we transact with any of them for the provision of goods or services requested by you  their processing of your personal data will necessarily involve a transfer of components of your personal data to jurisdictions outside this country.

Please contact us if you wish to receive further information regarding the means by which, and the terms on which, that transfer is made, and we shall use our best efforts to provide that information promptly. 

7.  PERSONAL DATA SECURITY AND STORAGE 

We have used all reasonable efforts to put in place appropriate security and other measures in order to ensure that no component of your personal data is accidentally lost or used or accessed in an unauthorized way, or otherwise altered or disclosed. In addition, we take all necessary steps in line with best international standards and practice in order to limit access to your personal data to those of our employees, agents, contractors and other third parties who have a business need to know. And you have our further assurance that all such persons (to the extent that the same is reasonably within our power and control)  will only process your personal data in accordance with our specific  instructions and at all material times  are subject to a duty of confidentiality binding upon, and enforceable against, them in accordance with applicable law and regulation.

The measures referred to above, for your further information, include procedures to deal with any suspected personal data disclosure breach and we will always use our best endeavors to notify you promptly of the occurrence of any such breach where we are legally permitted or authorized to do so.

Notwithstanding the preceding paragraphs, unfortunately, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal data transmitted by you or on your behalf to the Website; any such transmission is at your own risk. Once we have received your personal data, we will use the strict procedures and security features described above to try to prevent unauthorised access.

8.  PERSONAL DATA RETENTION

HOW LONG WILL WE RETAIN YOUR  PERSONAL DATA?  

We will only retain your personal data for as long as may reasonably prove to be necessary to fulfil the purposes for which we originally collected it,  including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event that we receive a complaint from you regarding the services provided to you as a customer pursuant to the terms of the Website or if we otherwise reasonably believe it to be reasonably necessary to retain it in whole or in part for longer period.

When determining appropriate period for which we should retain your personal data, we shall take into account the quantity,  nature and sensitivity of the personal data concerned, the original purposes for which we collected it  and whether we can achieve those purposes through other means, and all  applicable legal, regulatory, tax, accounting or other requirements.

9.  YOUR LEGAL RIGHTS  

Under certain circumstances, you have the following rights:

• Access and correction

• Suspend access Website

• Withdraw consent

• Complaints: Any complaints that you may have regarding the implementation or operation of the Policy should submitted to us in the manner set forth in the Terms & Conditions contained on the Website.

NO FEE USUALLY REQUIRED FOR ACCESS TO YOUR PERSONAL DATA

You will not be required to pay any fee or other cost in order to obtain routine and periodic access to your personal data (or to exercise any of your other rights under the Policy). We do however reserve the right to charge such a fee (in an amount that we shall determine at our discretion) where either a) the request for access is made in a justified emergency, or b) we consider that such access to be unnecessary or is being requested otherwise than on a routine basis or such requests are excessive or unjustified for the purpose they are made.

WHAT WE MAY NEED FROM YOU  

We may need to request specific information from you from time to time in order to help us confirm your identity and to ensure that your right to access your personal data (or to exercise any of your other rights) is being properly exercised. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request in order to expedite our response to that request.

TIME LIMIT TO RESPOND TO REQUESTS FOR ACCESS TO PERSONAL DATA  

We try to respond to all legitimate requests within one month, save where a request is made in a justified emergency, in which case we shall use our best endeavors to respond as quickly as is feasible. Occasionally our response could take us longer to respond to where your request is particularly complex, or you have made a number of requests within a short timeframe. In every case, we shall keep you updated as to the progress of our response.

10.   CONTRACT

By your accessing the Website, you authorize us to use your personal date for Legitimate Interest, and for the purpose of the Performance of Contract.

For the purposes of the foregoing, the expression ‘Legitimate Interest’ means the interest of our business in enabling us to provide  you with the highest possible quality of  services and products and the best and most secure customer experience. And the expression ‘Performance of Contract’ means our processing your personal data where it is necessary for the performance of any contract for goods and services into which you may enter with us or our taking any steps at your request before entering into such a contract. 

11. MISCELLANEOUS PROVISIONS

IP ADDRESSES

We may collect information about your computer, including where available your IP address, operating system, and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns and does not identify any individual.

FAKE E – MAILS USING OUR NAME

We are aware of fake emails, popularly called "phishing" emails which can contain notices such as job advertisements, job offers and competition award notifications. These emails use our name to pretend they are genuine and exist solely for the purpose of obtaining private information about consumers (credit card numbers, bank account details or passwords, for example). These emails have no connection with us, and we do not use these methods for job advertising or for communicating with competition winners.

Unfortunately, these fake emails are a growing fraud on the internet. This practice is carried out either by the sending of a bogus email directly to a victim, or by directing them to a website where personal information is requested.

We never request payment details in association with competition winners or any communication related to them.

We advise that if you receive an email using our name that asks for personal details or financial information and you have concerns about its authenticity, then please treat such emails with extreme caution.

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