This Privacy Policy describes the privacy practices of BYD North America ( “we”, “our”, or “us”) with respect to the processing of personal information collection through our website. This Privacy Policy sets forth:

• • Information we collect and why
• • How we share your information
• • Your choices
• • Your California Privacy Rights
• • Cookies and other tracking technologies
• • Security
• • Our Commitment to Children’s Privacy
• • International Transfers
• • External Links
• • Changes to this Privacy Policy
• • Contact Us

This Privacy Policy does not apply to our authorized retailers, or third parties to whom you directly provide your information including but not limited to, subscription services, insurance companies, or other third parties. These entities are independent of us and responsible for their own collection of information. Please refer directly to those entities and their privacy policies for more information.

If you are a California resident, please view the “Your California Privacy Rights” section of this privacy policy for more information on your California privacy rights.

INFORMATION WE COLLECT AND WHY

Personal information is information that identifies, relates to, describes, references, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer, household, or device. We collect certain personal information from you when you use our Website.

Some personal information we collect from you, either directly or automatically, and some personal information we may receive from other parties such as our retailers, our service providers, the government, or other third parties. This is explained below.

When you:

• i. Access and Use or Website: We automatically collect your personal identifiers (such as your device’s Internet Protocol (IP) address), location information (such as may be determined from your Internet Protocol (IP) address), internet activity information (such as usage information), and device information (such as hardware model, operating system, browser, and your Website preferences) to provide our Website to you.
• ii. Schedule a Test Drive: We collect from you your location information (such as you zip code, and your region) to schedule a test drive to the local retailer. We also collect from you your identifiers (such as your first name, e-mail address, and phone number), as well as any additional personal information(such as your select vehicle type, your contact preference type, your select dealer name and dealer address) you choose to include in the webform, to submit your request to schedule a test drive to the select dealer.
• iii. Use Our “Select a BYD Center” Tool: We collect from you your location information (such as your Internet Protocol (IP) address and your data entered by you) to provide you with a list of local dealers.
• iv. Search Information: We collect from you your entering content to provide you with the relevant information, if any exists.
• v. Submit your question or comment: We collect from you your identifiers (such as your first and last name, phone number, e-mail address), your location information (such as your region and your postal code), your selected topic, your select contact preference type and your questions or comments to your queries and provide you with your requested services or products.
• vi. Contact Us: We may collect any personal information you choose to provide in your communications to respond to your queries and provide you with your requested services or products.

When we collect personal information from you automatically as listed above, we do so through cookies and other tracking technologies. For information on how we use cookies across our digital platforms, please see our Cookie Policy.

Our Website includes social media features, such as Instagram, Facebook, and Twitter widgets. These features may collect identifiers (such as your Internet Protocol (IP) address) and internet activity information (such as which page you are visiting on our Website). These widgets may set a cookie or utilize other tracking technologies to accomplish this. Social media features and widgets are hosted by a third party and your interactions with those features are governed by the privacy policies of the companies that provide them. Such sharing through cookies or other tracking technologies may be deemed a sale under the California Consumer Privacy Act. To opt-out of the sharing of your personal information through cookies, see Do Not Sell My Personal Information.

HOW WE SHARE YOUR PERSONAL INFORMATION

We share the information identified above:

• i. within the BYD Group family of companies, which includes parents, corporate affiliates, subsidiaries, business units and other companies that share common ownership;
• ii. with third-party service providers (such as advertising agencies and third parties that provide marketing services, marketing research, and other analytics for marketing purposes), IT and call center providers and third-party content providers;
• iii. with BYD Dealers for sales, leasing, and customer service purposes, such as responding to quote requests, vehicle diagnosis, maintenance and repair, scheduling service appointments, and contacting you and providing the requested services.
• iv. With others for legal, security or safety purposes, we may share your information with third parties, law enforcement or other government agencies to comply with law or legal requirements; to enforce or apply terms or agreements between you and us or third parties; and to protect our rights and the property or safety of our users or third parties. We also may disclose information about you and your vehicle when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the websites or anyone else that could be harmed by such activities.
• v. With other companies in connection with a corporate transaction, if we or some or all our assets are acquired by another company, including through a sale in connection with bankruptcy, we will share the information that we hold with that company.
• vi. With Optional Third Parties that you authorize, with your express permission, we also will share your information with selected third parties you choose (“Optional Third Parties”).These services or offerings from third parties will be subject to their Terms of Service and Privacy Notice, not ours. If you have any concerns regarding the collection, use or sharing of your personal information or wish to exercise any rights that you have, please contact the Optional Third Parties directly.
• vii. With third parties for their own marketing purposes, we share your contact information and vehicle identification information with third parties for their own marketing purposes.

We may also use or share your information in a de-identified or aggregate manner.

Your Choices

You can always choose not to disclose information to us, but it may impact your use of our website, products and services. You can always update your cookie preferences in our cookie preference center and unsubscribe from our marketing communications by following the “unsubscribe” instruction contained at the bottom of each email or by directly contacting us in a variety of ways, which ways could be found in Contact Us section. .

California residents: please see the Your California Rights section for more information about your privacy choices.

Your California Privacy Rights

Under California law, consumers residing in California are granted the right to access or delete the personal information that we have collected about them, to opt-out of the sale of their personal information by us to a third party, and not to be discriminated against for exercising these rights.

Right to Access: You have the right to request what personal information we have collected, used, shared for a business purpose, and sold about you within the preceding 12 months. Once we receive your request and confirm your identity, we will disclose to you the information we have collected about you.

Right to Deletion: You have the right to request the deletion of your personal information that we collect about you, subject to certain exceptions. Once we receive your request and confirm your identity, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies under applicable law.

Right to Opt-Out: You have the right to opt-out of the sale of your personal information by us to third parties for monetary or other valuable consideration. This Privacy Policy set out whether we sell personal information as such action is defined under California law in connection with such service. If we do sell your personal information, you may opt-out. Across all our digital properties, our collection and sharing of personal information using certain cookies may be deemed a sale under the California Consumer Privacy Act. To exercise your right to opt-out of the sharing of your personal information to advertising partners through cookies, please use our Cookie banner.

Right to Non-Discrimination: You have the right to not receive discriminatory treatment when you exercise your rights to access, delete, or opt-out. For example, this means we cannot deny goods or services to you or charge different prices or rates for goods or services, including using discounts or other benefits or imposing penalties, due to you having exercised your rights.

How to make requests:

To exercise your right to access, correct, or delete your personal information, you may submit a request, via e-mail at marketing.us@byd.com, or by calling us at (213) 748-3980. You may only make a request for access twice within a 12-month period. To exercise your right to opt-out of the sharing of your personal information to advertising partners, which may be a sale under the California Consumer Privacy Act, please use our Cookie banner.

Authorized Agent:

If you are a resident of California, an authorized agent may make a verifiable consumer rights request related to your personal information. If you are an authorized agent making a request on behalf of a consumer, you must provide us with signed permission by the consumer that you are authorized to act on behalf of that consumer. If you are a legal entity, you must also provide us with documentation of your registration with the California Secretary of State. To submit such a request, please contact us via e-mail at marketing.us@byd.com.

Verification:

The online form for access, correction, and deletion requests contains the information that we need to verify your identity and review your request. For requests submitted via telephone or e-mail, you must provide us with sufficient information that allows us to reasonably verify you are the person about whom we collected the personal information and describe your request with sufficient detail to allow us to properly evaluate and respond to it. If we are not able to verify your identity for access and deletion requests with the information provided, we may ask you for additional pieces of information.

Timing:

We aim to respond to your request for access, correction, or deletion within the time required by applicable law. If we need more time to respond to your request, we will let you know of the reason and the extension period in writing.

COOKIES AND OTHER TRACKING TECHNOLOGIES

Our websites also collect information, via cookies, web beacons, pixels, tags or other tracking technologies, such as your Internet Service Provider and Internet Protocol (IP) address, the date and time you access our website, the pages you have accessed while visiting our website, and Internet Protocol (IP) address from which you accessed our website. Some cookies exist only during a single session and some are persistent over multiple sessions over time. We use these technologies to remember user preferences, maximize the performance of our website and services, provide you with offers that may be of interest to you, measure the effectiveness of our email campaigns and to personalize online content.

You may refuse or delete cookies. If you refuse or delete cookies, some of our website functionality may be impaired. If you previously accepted cookies and directed us to share your information on one of our sites, you can change your cookie preference by clicking on the cookie settings link in the footer of that site. Please refer to your browser’s Help instructions to learn more about how to manage cookies and the use of other tracking technologies. Some browsers have incorporated Do Not Track (“DNT”) preferences. If you set your browser to signal that you do not wish to be tracked online, we will honour your preference by disabling targeting and social media cookies unless you explicitly consent through our cookie banner to enable these categories.

SECURITY

We take technical and organizational security measures to protect your information managed by us from being tampered with, lost, destroyed, or accessed by unauthorized individuals. We are continuously improving our security measures in line with technological advancements.

OUR COMMITMENT TO CHILDREN’S PRIVACY

We do not knowingly collect, use, share or sell the information of children. If we learn that we have collected information from a child, we will delete that information. For questions or additional information, see the “Contact Us” section below.

INTERNATIONAL TRANSFER

We are a global company, and we operate internationally. Your information may be transferred to countries other than your place of residence or in which the information was originally collected. For example, by submitting your personal information to us, your information may be transferred to us in the United States and other locations where we or our service providers maintain servers. We comply with laws on the transfer of personal information between countries to help ensure your data is protected as described in this Privacy Policy, wherever it may be.

We may rely on various legal grounds to collect, use, and otherwise process your information, including but not limited to: your consent; that the information is necessary for the performance of a contract with you; to comply with a legal obligation; to protect your, or someone else’s vital interests; or for a legitimate interest that is balanced against your rights and interests.

EXTERNAL LINKS

Our websites may contain links to other websites, including social networks, advertisers, Dealer websites, other BYD Group websites, including websites operated by BYD, and websites belonging to other third parties. Some of these sites may share a similar “look and feel” to the BYD websites. Please be aware that we are not responsible for the privacy practices of other websites. We encourage you to read the privacy notice provided by other websites before you provide information to them.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to amend this Privacy Policy at our discretion and at any time. If the changes allow us to use personal information in ways that materially affect your rights, we will post a special note and, if required by law, will prompt you for your consent for certain changes. When we make changes this Privacy Policy, we will post the updated Privacy Policy and update the “Last Updated” date. Each version of this Privacy Policy will be identified by their Last Updated date.