LEGAL & PRIVACY

SMC Asia Car Distributors Corp., <direct importer of BMW Motorrad products in the Philippines, and its subsidiaries and affiliates ("SMAC," "BMW Ph, BMW Motorrad" “We,” “us” or “our”) respect your privacy and will keep secure and confidential all personal information and sensitive personal information (“Personal Data”) that you may provide to SMAC, and/or those that SMAC may collect from you.

This privacy statement (“Statement”) provides for the Personal Data we obtain, or which you may provide through this website, www.bmwmotorrad.com.ph ("Website"), and the standards we observe in using, processing, keeping, securing, and disclosing said Personal Data.

Please read this Statement carefully to understand how We treat Personal Data. We may update this Statement from time to time to reflect change(s) in the law and/or our internal standards. When We do so, We will notify you by posting the updated Statement in this Website for your information and reference. By accessing the Website and submitting your Concerns (defined below), or Personal Data through it, you expressly acknowledge that you have read, understood and hereby agree to all of the terms of this Statement and that you provide consent for us to process your Personal Data, as provided under applicable laws, regulations, and our policies, and only for legitimate purpose/s.

Dealers, unless stated otherwise, are independent businesses and not part of SMAC, but operate using the BMW Motorrad brand under license to sell and service BMW Motorrad vehicles or parts. Although this Statement describes some of the uses of your Personal Data made by Dealers, Dealers may collect other Personal Data and process such under the Dealers’ Privacy Policy, of which you may liaise directly with the Dealers for any question relating to their processing of your Personal Data.

PERSONAL DATA WE COLLECT AND PROCESS

Our Website allows you to directly reach us and provide requests for test drive, appointment for after-sales service, as well as provide comments, suggestions and complaints (collectively, “Concerns”) on our products and services to help us improve them. When you access our Website and submit your Concerns, We ask you to provide the following Personal Data to identify you, and enable SMAC to act on your Concerns:

• Full Name

• E-mail address

• Contact number

If you do not provide any or all of the foregoing Personal Data accurately, We may not be in the position to effectively address your Concerns.

Any additional Personal Data that you may provide through your correspondence(s) with SMAC in connection with your Concerns shall also be considered and treated as Personal Data.

When you navigate through and interact with the Website, depending on your settings, We may use automatic data collection technologies (e.g., cookies, web beacons, small data text files or similar technologies) to obtain certain information about your equipment, browsing actions, and patterns, such as:

• details of your visits to the Website (e.g., traffic data, location data, logs, and other communication data, and the resources that you access and use on the Website);

• information about your computer/device and internet connection, as well as IP address, operating system, and browser type (collectively, “Collected Data”); and

• Continue to use Cookies.

The Collected Data are mostly statistical data but may include other Personal Data, and We may maintain or associate them with the Personal Data that We ask you to provide to SMAC in connection with your Concerns.

WHAT WE DO WITH PERSONAL DATA AND COLLECTED DATA

Upon receiving your Concerns and the accompanying Personal Data identifying you, SMAC or its duly authorized third party forwards the same to the concerned SMAC department. SMAC may use your Personal Data to get in touch with you, in order to attend to, further inquire about, and address your Concerns. SMAC may separately contact you to confirm that the concerned SMAC department has acted on your Concerns, ask you for further feedback, request your participation in surveys and/or provide information on its products and services.

For the Collected Data, We use them to help us improve our Website and to deliver a better and more personalized service by enabling us to:

• Estimate our audience size and usage patterns;

• Store information about your preferences, allowing us to customize our Website according to your individual interests;

• Speed up your searches; and

• Recognize you when you return to our Website.

We may use your Personal Data to contact you about our products, services, promotions, special offers, charitable programs which may be of interest to you. Should you prefer not to receive any further marketing communications from us, you may opt-out any time by sending us an e-mail at bmw_dpo@bmw.sanmiguel.com.ph

DISCLOSURE AND SHARING OF PERSONAL DATA AND COLLECTED DATA

We may disclose aggregated information about our users, and information that does not identify, or when combined with other information, does not directly and certainly identify any individual, without restriction.

We may disclose and share the Personal Data and Collected Data, subject to compliance with applicable laws and regulations, on a need to know basis, and in all cases only for legitimate business purposes, as follows:

• To our shareholders, subsidiaries and affiliates;

• To BMW Motorrad Europe and Asia;

• To our business partners including Dealers;

• To contractors, service providers, and other third parties We engage to support our business, and who are bound by contractual obligations to keep Customer Information and Collected Data confidential, and use it only for the purposes for which We disclose it to them;

• To government and law enforcement agencies and regulatory bodies to comply with orders of courts, government agencies, regulatory bodies, stock exchanges and with applicable laws and regulations;

• If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of SMAC, our subsidiaries and affiliates, officers, employees, customers, or other third parties;

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SMAC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by SMAC about our Website users is among the assets transferred; and

• To other stakeholders necessary to conduct investigations of breaches of SMAC’s internal policies, laws and regulations, enforce appropriate sanctions and pursue legal actions if necessary.

We may further disclose and share Personal Data with our subsidiaries and affiliates, subject to Data Sharing Agreement, on a need to know basis, for marketing and promotion of products which may be of interest to you. Should you wish not to be contacted for such purposes, you may opt out by sending an e-mail to bmw_dpo@bmw.sanmiguel.com.ph

 Our website may contain links to third party websites (e.g. dealer’s website, advertiser’s websites) which are not controlled by us and not controlled by this Statement. You are responsible for reviewing the privacy policies of all such third parties before disclosing your Personal Data to them, whether directly or indirectly.

WEBSITE VISITOR UNDER THE AGE OF 18

No one under age eighteen (18) (“Minors”) may provide any Personal Data on the Website. SMAC does not knowingly collect Personal Data from Minors. If you are a Minor, please do not use or provide any information on this Website about yourself.

THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use our Website. The information they collect may be associated with your Personal Data or they may collect information, including Personal Data, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

SECURITY OF YOUR PERSONAL DATA AND THE COLLECTED DATA

We have implemented technical, organizational, and physical measures designed to protect the confidentiality, integrity, and availability of your Personal Data and Collected Data and secure such Data from destruction, unauthorized access, alteration, disclosure, fraudulent misuse and/or any other unlawful processing, as well as other natural and human dangers.

ACCESSING AND CORRECTING YOUR PERSONAL DATA

You are entitled to certain rights in relation to the Personal Data collected from you, including the right to access and correct your Personal Data being processed, object to the processing, and to lodge a complaint before the Data Protection Officer or the National Privacy Commission in case of violation of your rights as data subject.

You may send us an e-mail at bmw_dpo@bmw.sanmiguel.com.ph to request access to, correct and/or delete any Personal Data that you have provided to us. Please be advised, however, that We cannot delete your Personal Data without restricting or removing our ability to effectively address your Concerns. We may not accommodate a request to correct and/or delete Personal Data if We believe the same would violate any law or legal requirement or cause the Personal Data to be incorrect.

RETENTION OF PERSONAL DATA AND COLLECTED DATA

SMAC and/or its duly authorized third party shall retain the Personal Data and Collected Data for a maximum period of five (5) years counted from the date you provide it to SMAC, or when they were collected, respectively.

CONTACT INFORMATION

Should you have any questions and/or concerns regarding this statement or SMAC’s use of your Personal Data or your rights in relation thereto under the Data Privacy Act of 2012, please do not hesitate to contact the SMAC Data Protection Officer at the following: bmw_dpo@bmw.sanmiguel.com.ph and (+632) 8632-5269.

A cookie is a small text file which is copied onto your hard disk by a website. Cookies do not cause any damage to your computer and do not contain any viruses. The cookies from our websites do not gather any personal data about you. You can disable the use of cookies at any time via the settings in your browser. As a rule, cookies are only used on our websites for the length of your session for the purpose of anonymous, statistical assessments and for improving user-friendliness. Cookies may occasionally serve an additional purpose in certain sections of the website. You will be informed of this if you access one of these sections.

The information on this website is provided "as is" and, to the fullest extent permitted by applicable law, without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement of third party rights. While the information provided is believed to be accurate, it may include errors or inaccuracies. To the fullest extent permitted by applicable law, in no event shall BMW be liable to any person for any loss or damage of any kind (including without limitation any special, indirect or consequential damages) arising out of or in relation to the use of this website.

BMW is not responsible for the content of websites that are maintained by third parties and therefore disclaims its liability for any links from this website to other websites.

Unless otherwise indicated, all trademarks on this website are subject to trademark rights of BMW, including marks, model names, logos, and emblems.

The BMW Group has sought to achieve an innovative and informative website. However, you also need to understand that the BMW Group must protect its intellectual property, including its patents, trademarks, and copyrights. Accordingly, please appreciate that no licence to use the intellectual property of BMW Group companies or the intellectual property of third parties has been granted by this website.

© Copyright BMW, Munich, Germany. All rights reserved. The text, images, graphics, sound files, animation files, video files, and their arrangement on the BMW Group websites are all subject to copyright and other intellectual property protection. The copyright in the material contained in this website belongs to a BMW Group Company or its licensors. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. This website may contain images or content whose copyrights are owned by or whose moral rights are attributable to third parties. You may only view or print individual pages for your own personal use.