KAVAK - Privacy Notice
DARIS INTERNATIONAL LLC (“KAVAK”), a company duly incorporated and organized in accordance with the provisions of the laws of the United Arab Emirates, Commercial License Number 799709, domiciled at 48, 26th St - Al Quoz - Al Quoz Industrial Area 2 - Dubai, UAE, is responsible for the collection, use, storage, treatment, transfer and protection of the personal data of the owners (the "Owner", or the "Owners", as the case may be), under the terms of the Federal Decree-Law No. 45 of 2021 concerning the Protection of Personal Data in Possession of Individuals (the "Law"), its Regulations (the "Regulations") and other applicable legal provisions (collectively, the "Data Protection Regulations").
For the purposes of this privacy notice (the "Privacy Notice"), "Personal Data" shall be understood as (i) any data relating to an identified person, or one who can be identified directly or indirectly by way of linking data, using identifiers such as name, voice, picture, identification number, online identifier, geographic location, or one or more special features that express the physical, psychological, economic, cultural or social identity of such person; it also includes Biometric Data as defined in the same Law (the "Personal Data"); and (ii) "Sensitive Personal Data" to that information that affects the most intimate sphere of the Data Subject, or whose improper use may give rise to discrimination or entail a serious risk for the Data Subject; in particular, those that may reveal aspects such as racial or ethnic origin, present and future state of health, genetic information, religious, philosophical and moral beliefs, , political opinions, sexual state, in accordance with the Law (the "Sensitive Personal Data").
KAVAK adheres to the guiding principles for the protection of Personal Data and Sensitive Personal Data:
- Lawfulness: The processing of Personal Data carried out by KAVAK, will be carried out at all times in accordance with and in compliance with the provisions of the Data Protection Regulations.
- Consent: The express consent, either in writing or through digital means, of the owner of the Personal Data and/or Sensitive Personal Data, will be required for the processing thereof.
- Information: Through this Privacy Notice, KAVAK discloses to the general public, information regarding the existence and main characteristics of the treatment to which your Personal Data and/or Sensitive Personal Data will be subjected.
- Quality: By virtue of this principle, KAVAK assumes that the Personal Data and/or Sensitive Personal Data that are processed in accordance with this Privacy Notice, are accurate, complete, relevant, correct and updated. It will be understood that such Personal Data and/or Sensitive Personal Data processed by KAVAK, comply with the above characteristics when provided by the owner thereof.
- Purpose: Personal Data and Sensitive Personal Data collected by KAVAK may only be processed in accordance with the purposes mentioned in this Privacy Notice.
- Loyalty: KAVAK undertakes to treat Personal Data and Sensitive Personal Data in a way that protects the interests and privacy of the owner.
- Proportionality: KAVAK will only request from the owners those Personal Data and Sensitive Personal Data that are necessary, adequate and relevant in relation to KAVAK's purposes.
- Responsibility: KAVAK is strictly responsible for the totality of the Personal Data and/or Sensitive Personal Data that the owners share with KAVAK.
KAVAK uses the strictest security measures to care for, access, use and handle its own information and data, as well as the information and data of KAVAK's employees, customers, suppliers and any other person, company or entity related to KAVAK. Likewise, we would like to remark that KAVAK uses the same security measures in relation to this Personal Data and/or Sensitive Personal Data as it does with its own.
This Privacy Notice is designed to make KAVAK's privacy practices understandable to individuals in a format that is easy to read, understand and navigate. KAVAK makes the Privacy Notice available to you for your knowledge, as well as your choices about how information is used:
- Privacy Notice: Means, this Privacy Notice.
- Biometric Data: Personal Data resulting from processing, using a specific technique, relating to the physical, physiological, or behavioral characteristics of a Data Subject, which allows or confirms the unique identification of such the Data Subject..
- Economic and Financial Data: It is the information on the economic capacity, number and type of credit cards, issuing financial institution, mortgage credits, movable credits and credit history of the holders to which it refers, the resources owned and their capacity to face their debts in case of being authorized an installment sale plan with interest and reservation of title for the purchase of a used vehicle.
- Sensitive Personal Data: Means any data that directly or indirectly reveals a natural person's family, racial origin, political or philosophical opinions, religious beliefs, criminal records, biometric data, or any data related to the health of such person, such as his/her physical, psychological, mental, genetic or sexual condition, including information related to health care services provided thereto that reveals his/her health status
- Telematics Data: Means data obtained through GPS systems that may refer to location, speed, idle times, acceleration or hard braking, fuel consumption, vehicle faults and any other data derived from the use, operation and condition of the vehicle.
- ARCO Rights: Means the rights of access, rectification, cancellation and opposition.
- KAVAK: Means DARIS INTERNATIONAL LLC
- Law: Means the Federal Decree-Law No. 45 of 2021 concerning the Protection of Personal Data
- Data Protection Regulations: Means, jointly, the Law, the Regulations, and other applicable legal provisions regarding Personal Data and Sensitive Personal Data.
- GPS or GPS Systems: Means Geographic Positioning System (Global Positioning System).
- Data Subject(s): Means the owner of the Personal Data or Sensitive Personal Data.
The data we collect about you
When you visit, use Kavak Platform or create a login in and password to access the Services, you may be asked to provide information about yourself. This may include: (i) your name and contact details, including email address and telephone number; (ii) information to enable us to check and verify your identity; (iii) location data; (iv) your vehicle details; (v) your billing information, transaction and payment information and history; and (vi) such other information as we may from time to time require to provide the Services and comply with applicable law.
You agree and, where required, consent to the collection of information about your usage of the Platform and the Services and information from messages and communications you send to us. This information is required to provide the Services to you. If you do not provide such information, it may delay or prevent us from providing the Services.
KAVAK may also collect information from you or your devices in the following ways:
Newsletter, website, app: KAVAK may collect your information through its websites, software applications, social media pages, email, among other digital means.
Application for Instalment Sales with interest and other forms: KAVAK may collect additional information from you or third parties on your behalf on applications for instalment payments and other KAVAK product forms; such information may include your date of birth, banking information, credit information and vehicle information. KAVAK also receives your information from consumer reporting agencies, such as your creditworthiness and credit history.
Information may be collected from other sources, such as public databases, companies with which KAVAK works together, third party vehicle repair or automotive service centers, as well as social media platforms.
KAVAK centers: KAVAK may collect your information when you are not connected to any network, i.e., when you visit KAVAK centers, branches, hubs, workshops, as well as data from your vehicle at such sites.
Device: Your device and most browsers collect certain information automatically, such as your Media Access Control ("MAC") address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the digital services the Cardholder is using. KAVAK uses this information to verify that the digital services are working properly.
KAVAK will also collect information in a form that, by itself, does not permit direct association with any specific individual. KAVAK may collect, use, transfer and disclose, for any purpose, data that does not personally identify an individual. If non-personally identifiable data is combined with an individual's personal information, the combined information will be treated as personal information for as long as it remains combined.
Who we share your personal information with?
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We may use or share the information you provide to us if we are under a duty to disclose or share your information in order to comply with any legal or regulatory obligation or in order to enforce any obligation against you or to protect our rights or the rights of our subsidiaries, partners’ and affiliates.
This may include the exchange of information with other companies and organizations for the purposes of fraud protection and prevention. We may also need to share some personal information with our affiliates, subsidiaries and third parties, or during a re-structuring of our business. Usually, personal information will be anonymized, but this may not always be possible.
If you participate in or enquire about any product or service we offer, we may use the information you submit as well as other data we might have or obtain ourselves or from other sources, to determine which of our participating Professional(s) may be willing, able and/or compatible to serve your needs or possible interests. We may forward or share information relating to you, which may include such information as well as personal information obtained through our sign-up form or otherwise to certain Professionals. Those Professionals or their affiliates, contractors, advertisers, agents or other designees may use such information and contact you regarding your needs or possible interests, as may we ourselves. “Professionals” means individuals, companies and other organizations or persons engaged in a business relevant to the Platform.
Purpose of processing
We will use your information for the purpose of fulfilling service orders placed by you, processing any other transactions authorized or made by you with us, informing you of special offers and providing other marketing information to you which we think you may find of interest, undertaking services or customer research/development. Your information may be used by us to contact you for your opinions on the Platform, the Services and our business, and to notify you of changes or developments to the Platform, the Services and our business.
Access to information
You may ask us whether we are storing personal information about you by emailing us at firstname.lastname@example.org and, if you wish, we will provide you with a copy of the personal data we hold about you by email. We may ask for proof of your identity before providing any information and reserve the right to refuse to provide information requested if identity is not established.
Data deletion request
You may request that we delete your personal data by emailing us at email@example.com. We will endeavor to comply with such deletion requests but in certain circumstances we will not be able to delete your personal data as we may be required to retain it for legal, regulatory and/or compliance reasons, and we may not be able to communicate why we cannot delete such data due to confidentiality obligations that we may be under. We may ask for proof of your identity before deleting any information and reserve the right to refuse to delete information if your identity is not established.
We employ a third-party provider for processing credit card payments. They have access to personal information needed to perform their functions but may not use it for other purposes. We do not have access to or retain any of your payment information.
How does KAVAK protect your Personal Data and/or Sensitive Personal Data?
KAVAK is committed to protect your Personal Data and/or Sensitive Personal Data and to implement appropriate administrative, technical, and physical security measures to protect against any unauthorized or unlawful processing and against any accidental loss, destruction, or damage. These measures include policies, procedures, employee training, physical access control and technical elements related to information access controls.
In the event of a security breach at any stage of the processing of your Personal Data and/or Sensitive Personal Data, which significantly affects your economic or moral rights, KAVAK will immediately notify you by email or if it cannot contact you by email, then it will use its website or mobile application so that the Data Subject can take the necessary measures corresponding to the defense of his or her rights.
Cookies and Web beacons
KAVAK uses various technologies that improve the efficiency of its websites, including the user experience when browsing KAVAK sites, so we consider it necessary to make you aware of the definition of these tools:
- Internet Explorer: https://support.microsoft.com/help/17442/windows-internet-explorer-delete-manage-cookies
- Mozilla Firefox: http://support.mozilla.com/en-US/kb/Cookies
- Google Chrome: http://www.google.com/support/chrome/bin/answer.py?hl=en&answer=95647
- Safari: http://support.apple.com/kb/PH5042
- Opera: http://www.opera.com/browser/tutorials/security/privacy/
- Adobe (flash cookies): http://www.adobe.com/privacy/policies/flash-player.html
In case you disable cookies, you may experience some anomalies or failures when using KAVAK digital services.
Web Beacons: May refer to a visible or hidden image embedded within our website or email.
Privacy Notice Update
KAVAK reserves the right to make changes or updates to this Privacy Notice at any time to comply with legislative reforms, internal policies or new requirements, being that the updated and applicable version will at all times be published through the web page www.kavak.com/gcc/