PRIVACY POLICY

This Site collects some Personal Data from its Users.

UMW Toyota Motor Sdn. Bhd. and its subsidiaries (collectively referred to as "UMWT") respect and are committed to the protection of your personal data and your privacy. This Privacy Policy (“this Policy”) explains how we collect and handle your personal data through the use of UMWT’s Website (“Site”). Please note that UMWT may amend this Policy at any time without prior notice.

FULL POLICY

(A) Personal Data

Type of personal data

  • Personal data means any information which relates to you and which was collected or provided to UMWT for the purposes stated in this Policy.
  • Personal data may include your name, contact details, address, identification card number, financial and banking account details, closed circuit television ("CCTV") or security recordings, images (photographs and video recordings), location tracking or global positioning system ("GPS") information.
  • In addition to the above, if you are using UMWT’s mobile application, personal data may also include approximate location permission (non-continuous), phone permission, precise location permission (non-continuous) and storage permission.

Source of personal data

Customer or potential customer: UMWT collects your personal data directly from you or indirectly from third parties, your employer or searches carried out or information obtained from any regulatory or credit reporting agency. For example:

  • when you contact us directly through UMWT's authorised dealers, distributors and / or branches;
  • when you contact us directly through UMWT's Site and / or customer service team, for example, upon enquiry of our products and / or services;
  • when you are using UMWT's mobile applications;
  • through marketing activities or events, for example surveys conducted at road shows, exhibitions and / or business card collections via fish bowl method;
  • through third parties such as our business partners and / or your agents;
  • through regulatory authorities; and
  • through cookies from the use of UMWT's website and / or UMWT's mobile applications.

Obligatory personal data:

  • All information requested from you is obligatory to be provided by you unless stated otherwise.
  • Should you fail to provide the obligatory information, we may be unable to:
    • provide you with the relevant product or services requested for; or
    • process the relevant commercial transactions.

Purposes for collecting and further processing (including disclosing) your personal data

Customer or potential customer: Your personal data is collected and further processed as required or permitted by law and to give effect to your requested commercial transaction, including the following:

  • to process your order to purchase our products and / or services;
  • to provide you with the services or information requested;
  • to contact you regarding product information, services, upcoming events, promotions, advertising, marketing and commercial materials which we feel may interest you*;
  • to provide you with after-sales services;
  • for UMWT's internal records management;
  • to carry out market analysis and research and customer profiling to gauge the market trends;
  • to provide you with customer support;
  • to facilitate your participation in any contest, event and / or membership programme;
  • to ensure that the content of UMWT's website is presented in the most effective manner for you and for your computer and / or device;
  • to improve the quality of UMWT's products and /or services;
  • to provide assistance on your loan application and / or insurance related matters in relation to the purchase of our products;
  • to operate our premises in a manner which is physically safe, secure and befitting of health and safety requirements;
  • to support the business, financial and risk monitoring, planning and decision making of UMWT;
  • for internal investigations, audit or security purposes; and
  • to comply with UMWT's legal and regulatory obligations in the conduct of its business.

*You may opt-out from receiving such marketing or promotional material at any time. You may select the "unsubscribe" option provided in UMWT's email blasts / short message services ("SMS") blasts or you may contact UMWT at the details provided in Section (H) below.

When using any of UMWT's Site or mobile applications, any use of Cookies - or of other tracking tools - by UMWT's Site or mobile applications or by the owners of third-party services used by UMWT's mobile applications serves the purposes of providing the services required by you, in addition to any other purposes described in this Policy and in the section relating to Cookies below.

Please note that you are responsible for any third-party personal data obtained, published or shared through UMWT's Site and/or mobile application and by doing the same, you confirm that you have obtained the third party's consent to provide the personal data to UMWT.

(B) Mode and place of processing the Personal Data

Methods of processing

UMWT takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of your personal data.

The personal data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to UMWT, in some cases, the Personal Data may be accessible to certain types of persons in charge, involved with the operation of this Site  (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Personal Data Processors by UMWT. The updated list of these parties may be requested from UMWT at any time.

Legal basis of processing

UMWT may process Personal Data relating to you if you have given your consent for one or more specific purposes.

Note: Under some legislations UMWT may be allowed to process Personal Data until you object to such processing (“opt-out”), without having to rely on consent or any other legal bases.

This, however, does not apply, whenever:

  • provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof;
  • processing is necessary for compliance with a legal obligation to which UMWT is subject;
  • processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in UMWT;
  • processing is necessary for the purposes of the legitimate interests pursued by UMWT or by a third party.

In any case, UMWT will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

(C) Place, Disclosure and Transfer of Personal Data

Your personal data is processed at UMWT’s operating offices and in any other place where the parties involved in the processing are located.

Depending on your location, personal data transfers may involve transferring your personal data to a country other than your own. If any such transfer takes place, you can find out more by inquiring with UMWT using the contact information provided in Section (H) below.

Your personal data provided to us may also be disclosed to the following classes of third parties (within Malaysia unless otherwise) required under the law pursuant to relevant contractual relationship (for example, where we appoint third party service providers) or for the purposes or directly related to the purposes stated in this Policy:

  • potential or actual purchasers, successors-in-title of the business or share (wholly or in part) of UMWT (including their advisers and representatives) as a result of a potential, proposed or actual sale of business, disposal, acquisition, merger or re-organisation;
  • UMWT authorised dealers, UMWT distributors and UMWT parts suppliers
  • our business partners such as insurance companies, banks and financial institutions;
  • government departments or agencies, statutory authorities and industry regulators;
  • any person to whom we are compelled or required to do so under law or in response to a competent or government agency;
  • law enforcement agencies; and
  • third parties appointed by us to provide services to us or on our behalf (such as auditor, lawyer, company secretary, service providers, printing company, telecommunications company, contractor, events and training organisers and other advisers).

(D) Websites

Links to other sites

Links to other sites may be provided on this Site for your convenience and information. These sites may have their own privacy statement and UMWT does not control, recommend or endorse these sites and UMWT will not be held responsible for these sites or their contents. As such, UMWT encourages you to read the privacy policies of these sites.

Location enabled products or applications

Location enabled products or applications transmit your location information to us. UMWT will not use the information sent or provided by you for any other purposes other than to provide the services you requested. Location enabled features are opt-in and you have control over your participation and can turn these services off at any time or uninstall them. Some mobile applications will utilise Google Analytics (or a similar tool) to help UMWT better serve you through improved products, services and revisions to the mobile applications. The information collected will not allow UMWT to identify you. It may, however, let us know anonymously, the services and products most searched by you within the application as well as device type used and your country of origin.

 

Cookies

  • In processing your information, cookies, which is a text file placed into the memory of your computer, may be used. UMWT is able to use these cookies to identify you. UMWT may be able to collect the following information during your visit to our website and / or the fully qualified domain name from which you accessed our site, or alternatively, through your internet protocol ("IP") address:
    • the date and time in which you accessed our website;
    • the URL of any webpage from which you accessed our website; and
    • the web browser which you are using and the pages which you have accessed.
  • Some websites may require you to provide a limited amount of information in order to obtain the services you requested (i.e. name, email address, contact number). This personal data will only be used for its intended purpose only, i.e. to respond to your message or deliver the requested service.

 

(E) Mobile Application(s)

Device permissions for personal data access

Depending on your specific device, UMWT's mobile application may request certain permissions that allow it to access your device data described below.

By default, these permissions must be granted by you before the respective information can be accessed. Once the permission has been given, it can be revoked by you at any time. In order to revoke these permissions, you may refer to the device settings or contact UMWT for support at the contact details provided in the present document.

The exact procedure for controlling application permissions may be dependent on your device and software.

Please note that the revoking of such permissions might impact the proper functioning of UMWT's mobile application.

If you grant any of the permissions listed below, the respective personal data may be processed (i.e accessed to, modified or removed) by UMWT's mobile applications.

Approximate location permission (non-continuous)

Used for accessing your approximate device location. UMWT's mobile applications may collect, use, and share your location data in order to provide location-based services.

Your geographic location is determined in a manner that is not continuous. This means that it is impossible for UMWT's mobile applications to derive your approximate position on a continuous basis.

 

Phone permission

Used for accessing a host of typical features associated with your phone. This enables, for instance, read-only access to the “phone state”, which means it enables access to the phone number of the device, current mobile network information, or the status of any ongoing calls.

Storage permission

Used for accessing shared external storage, including the reading and adding of any items.

System logs and maintenance

For operation and maintenance purposes, UMWT's mobile application and any third-party services may collect files that record interaction with UMWT's mobile application (System logs) and use other personal data (such as the IP Address) for this purpose.

How “Do Not Track” requests are handled

UMWT's mobile application does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honour the “Do Not Track” requests, please read their privacy policies.

(F)  Right to Access and Correct Personal Data

You have the right to access, verify, update and correct your personal data held by us. We will make every endeavour to ensure your personal data is accurate and up-to-date therefore we ask that if there are any changes to your information you should notify us directly via the contact details provided in Section (H) below.

You will also have the right, under certain circumstances, to restrict the processing of your personal data. In this case, UMWT will not process your personal data for any purpose other than storing it.

If you would like to access your personal data, please send a query to the contact details in Section (H) below. If you would like to correct your personal data, please contact us at the details provided in Section (H) below.

In relation to UMWT's mobile application, you will have the right to receive your data in a structured, commonly used and machine-readable format, and if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the data is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.

 

Legal action

Your personal data may be used for legal purposes by UMWT in Court or in the stages leading to possible legal action arising from improper use of this Site or the related services.

You declare to be aware that UMWT may be required to reveal personal data upon request of public authorities.

(G) Retention period

The personal data collected shall be processed and stored for as long as required by the purpose they have been collected for. Therefore:

  • Personal data collected for purposes related to the performance of a contract between UMWT and you shall be retained until such contract has been fully performed;
  • Personal data collected for the purposes of UMWT's legitimate interests shall be retained as long as needed to fulfil such purposes. You may find specific information regarding the legitimate interests pursued by UMWT within the relevant sections of this document or by contacting UMWT.
  • UMWT may be allowed to retain personal data for a long period if consent has been obtained for such processing, so long as such consent is not withdrawn. Furthermore, UMWT may be obliged to retain personal data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, personal data shall be deleted. Therefore, the right to access, verify, update and correct your personal data cannot be enforced after the expiry of the retention period.

(H) Limiting the processing of personal data and further enquiries

UMWT endeavours to take appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the personal data.

If:

  • you would like to obtain further information on how to limit the processing of your personal data; or
  • you would like to make an enquiry or have any requests in respect of your personal data;

you may write to us at customersupportlexus@lexus.com.my or call our Customer Relations Executive at 1800-88-LEXUS(53987).

In any case, UMWT will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

 

LEGAL TERMS AND CONDITIONS

DISCLAIMER

LEXUS Malaysia (“LEXUS”) is a division of UMW Toyota Motor Sdn. Bhd. ("UMW Toyota"). Lexus maintains this Site (“this Site”) for entertainment, information, educational, and communication purposes. Please feel free to browse this Site and utilise the features available subject to the following Terms and Conditions ("Terms and Conditions").

TERMS & CONDITIONS

Your access and usage of this Site is subject to the following Terms and Conditions and all applicable laws. By accessing, browsing and utilising this Site, you accept, without limitation or qualification, the Terms and Conditions below :

  1. UMW Toyota’s Privacy Policy will apply whenever you use this Site.

  2. You should assume that all materials on this Site is protected by copyright unless otherwise noted and may not be used except as permitted in the Terms and Conditions, Privacy Policy or in any of the text stipulated on this Site.

    LEXUS allows the use of displayed materials in this Site for individual and non-commercial use only. Notwithstanding the generality of the foregoing, Lexus retains all direct or associated rights of the materials, including but not limited to proprietary, Intellectual Property rights and copyrights of the materials. You shall not modify, reuse, report, or use the contents of this Site for any form of public or commercial purposes.

  3. Your usage of this Site is at your own risk. LEXUS makes no warranties or representations as to its accuracy and LEXUS specifically disclaims any liability or responsibility for any errors or omissions in the content on this Site. Neither LEXUS nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, of this Site. Without limiting the foregoing, everything in this Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

  4. LEXUS assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment, mobile device or other property on account of your access to, use of, or browsing on this Site or your downloading of any materials, data, text, images, video, or audio from this Site.

  5. LEXUS may at any time subscribe to the use of Short Messaging Service (“SMS”), Whatsapp services or electronic mail to communicate with our customers on updates and other information. SMSes received are free of charge. However, should the service require you to respond to the SMS from LEXUS, standard telco charges shall apply. Charges once paid will not be refunded under any circumstances. The cost of any and all of such charges shall be fully borne by you.

  6. The information/data and materials available on this Site and via SMS, Whatsapp services and electronic mail are always subject to change without notice.

  7. LEXUS does not make any express or implied warranties, representations or endorsements whatsoever and shall not be liable for any cost or damage arising either directly or indirectly from your use of the SMS.

  8. Subject to our Privacy Policy, if you send any communications or materials to this Site by electronic mail, SMS or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by LEXUS or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, LEXUS is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information. LEXUS shall assume no responsibility and shall not be liable for any unauthorised or unlawful interception or modification of any communication between you and LEXUS (whether by electronic mail, SMS or otherwise), or for any loss or damage arising thereby (including but not limited to any loss or damage arising out of the unauthorised or fraudulent use of any information contained in or made accessible via such communication).

  9. You confirm that LEXUS has been provided with accurate information and that you are the legitimate user of this Site. You acknowledge that providing inaccurate information constitutes unauthorised use of this Site and may entail disclosure of confidential information that shall be at your own risk.

  10. Any records maintained by us and/or our supporting service vendors shall be conclusive against and binding on you except in the case of computation and/or manifest error.

  11. You must not use (or permit any third party to use) this Site to send any message or communication which is spam, illegal, offensive, abusive, indecent, or causes annoyance, inconvenience or infringes the rights of third parties.

  12. Materials displayed on this Site are either the property of, or used with permission by, LEXUS. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on this Site. Any unauthorised use of the materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

  13. This Site refers to products and/or services that are generally available for purchase in Malaysia but may not be available in your particular country or locality. The reference to any such products or services in this Site does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with your local LEXUS authorised representative for specific product/service availability in your locality.

  14. Details of specifications and equipment are also subject to change to suit local conditions and requirements. Vehicle pictured and specifications detailed on this Site may vary from models available locally. Vehicle body and accessory colours might differ slightly from the images on this Site. Prices are subject to change without prior notice and subject to conditions stated in the "Retail Customer Order". Actual on-the-road price may be higher than the estimated price.

  15. No information/data and materials available on this Site or via any communication by LEXUS to you constitutes an offer by LEXUS to necessarily provide you with such services, further information, data or materials.

  16. LEXUS is not responsible for the content of any site linked to or from this Site. Your linking to any other site is entirely at your own risk. While LEXUS may provide links on this Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. LEXUS disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.

  17. Although LEXUS may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on this Site, LEXUS is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. LEXUS will fully cooperate with any law enforcement authorities or court order requesting or directing LEXUS to disclose the identity of anyone posting such materials.

  18. LEXUS reserves the right to revise these Terms and Conditions at any time without notice. Since you are bound by these Terms and Conditions, you should therefore periodically visit this page to review the current Terms and Conditions.

  19. The Terms and Conditions are to be governed by and construed in accordance with the law of Malaysia, without reference to its conflicts of law rules.

 

EXCLUSION OF LIABILITY

LEXUS and its affiliates shall not be liable for any loss suffered by you and/or any third party arising from and in connection with the use of this Site.

We shall not at any time be liable for any inconvenience, loss, damage (special or consequential) or injury suffered by you or any third party arising from or caused by:

  1. you being deprived of or the inability to access the use of this Site as a consequence of any action by us and/or our supporting service vendors; or
  2. this Site not being available due to system maintenance or breakdown/non-availability of any network; or
  3. any failure by us and/or our supporting service vendors to perform any obligation, if such failure arises from a failure of, or any unauthorised and/or unlawful access to, any machine, data processing system or transmission link or any act of force majeure or any event outside our control; or
  4. any equipment, software, service, or network providers (including but not limited to telecommunications, Internet browser and Internet access providers), or any agent or subcontractor of any of the foregoing.

Neither we nor any of our supporting service vendors nor our officers shall be responsible in any way for any direct, indirect, special or consequential, economic or other damages arising in any way from the provision and/or use of this Site.

INDEMNITY

You shall at all times indemnify LEXUS and its affiliates against any liability, loss, damage, including solicitor and client costs and expenses (legal or otherwise) which we may sustain or incur, directly or indirectly, by reason of our communication through this Site with you and/or enforcement of our rights under this Terms and Conditions or any negligence, fraud and/or misconduct on your part or on the part of any agents or representatives of yours.

You shall at all times be wholly responsible for all acts/defaults made resulting and/or in connection with the use or purported use of this Site by any person, with or without your authority, knowledge or consent.

TRADEMARKS

All trademarks, logos and service marks show in this site are trademarks of LEXUS and/or its affiliates. Any other trademarks used on this Site are trademarks of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or rights of use any trademark displayed on this Site without the written permission of LEXUS or such third-party owner.