GENESIS WEBSITE PRIVACY Notice
Genesis Motors Canada, a division of Hyundai Auto Canada Corp. ("Genesis" or "we") respects your privacy and will strive to protect the confidentiality of your personal information. This Privacy Notice explains our policies and practices, including why we collect your personal information, how we use it, and how we safeguard it. Please read this Privacy Notice carefully and if you do not agree with it, please do not provide us with any personal information. Your use of the Genesis Website (as defined below) constitutes your acknowledgment and acceptance of our personal information handling practices as set out in this Privacy Notice and any modifications thereto.
1. How Does Genesis Collect Personal Information?
Genesis collects personal information about you that is reasonably necessary for the purposes described below. We may collect this personal information directly from you or from our service providers and distributors. If you interact with the Genesis Website or other digital features, we may automatically collect technical data about you.
2. What Type of Personal Information does Genesis Collect?
Examples of personal information we collect and use are:
a. Personal Information you provide to us:
- Contact information, such as full name, email address, telephone number and mailing address;
- Demographic information, such as household status and purchase preferences;
- Usernames and passwords;
- Ordering details in the event that you submit an order for, or make a purchase of, (as applicable) a vehicle, parts, accessories, and/or any other applicable products or services;
- Financial and credit information about you shared with Genesis by our third party financial service providers and/or distributor when you have provided your consent, including information about the status of your financial account, the amount financed, the amount of your monthly payments, the total balance, and the maturity date;
- When you purchase or lease a vehicle, a Genesis distributor will collect information about you that includes your contact information, information included in any application for credit (including financial information, and information about your assets and liabilities) that will be shared with Genesis and, in the case of a pre-ordered vehicle, a copy of your government-issued ID;
- Information submitted through Genesis Guest Care, including recordings of those calls, which we use for quality assurance purposes; and
- Information you provide when you contact us, provide feedback, make a complaint or other inquiry.
If you apply for employment with us, we may collect information about your education and employment history, and qualifications (such as the contents of your resume or CV), as well as the results of any criminal record or background checks.
b. Electronic Event Data Recorders
Your vehicle may contain an event data recorder (EDR), which can collect and store information about your vehicle and its occupants immediately before and during a collision, a near collision event, or when the EDR detects an event that it is programmed to record (collectively, “Events”). The main purpose of an EDR is to record information that can help provide a better understanding of the circumstances in which Events occur. This information may include information on how various systems in the vehicle were operating, including parameters such as how far the driver was depressing the accelerator or brake pedal, vehicle speed, steering, the use of the front seat belts, whether or not the passenger seat was occupied, as well as diagnostic information and information about the deployment of the airbags and seat belt pretensioners. The EDR does not itself record personal information (e.g. name, gender, or age) of any occupants, but EDR information could be combined with personal information routinely acquired during collision investigations by law enforcement, insurance companies, Genesis, regulators or government officials, or any other interested third parties, and/or personal information that you have provided to us. To read information recorded by an EDR, special equipment is required, and access to the EDR is needed.
Please note that the collection of your personal information shall be subject to any additional terms provided to you at the time of any transaction.
3. How Does Genesis Use Personal Information?
The personal information Genesis collects will be used for the purpose of supplying you with the requested services or for other purposes for which you have given your consent, except where otherwise provided by law.
This section explains the different ways we process your personal information.
a. Processing activities related to the Genesis Website:
You are free to visit the Genesis website, being genesis.com/ca, and related websites that Genesis owns, operates, or controls (such as, Certified Pre-Owned and Genesis at Home) (collectively, the “Genesis Website”), to see and read information about our company and products without providing us with any personal information except that which is necessary for the functionality of the site. By using the Genesis Website, and by voluntarily submitting your personal information to us, you are consenting to us using your personal information in the ways set out in this Privacy Notice.
This processing activity includes the following types of personal information:
- IP address of the requesting device;
- Date and time of your access;
- Name and URL of the retrieved file;
- Transferred data volume;
- Access status (file transferred, file not found, etc.);
- Identification data of the browser, language settings, and operating system used;
- Name of the provider of user's internet access; and
- Website from which access is made.
We process this information for the purpose of presenting the Genesis Website and to ensure its technical stability and security.
In order to provide you with services offered through the Genesis Website and requested by you (e.g., setting up a test drive, receiving updates from us, or purchasing parts and/or accessories), we may require that you provide certain personal information. By providing us with such information you are consenting to the collection, use and disclosure by us, our distributors and our service providers of the information as required to provide the requested service.
Essential Web Based Tools – We use Essential Web Based tools to make certain features available to you on the Genesis Website. We also use them to help ensure the security of your online browsing experience. They also help us detect, prevent and investigate fraud.
We also use Essential Web Based Tools to collect information on how you use the Genesis Website. This includes information about your typing and cursor patterns while you are using our secure sites. We do this in order to detect and prevent fraud.
You cannot opt-out of the use of Essential Web Based Tools. But you can disable the ability for your browser to accept them. If you do disable them, the Genesis Website might not work properly and your experience may be less than optimal. For example, you will not be able to access any of our secured websites. This is because we use Essential Web Based Tools for security on our secured websites. We also use them for fraud prevention or investigation purposes.
Non-essential Web-Based Tools – We also use Non-essential Web-Based Tools so that we can enhance your experience with personalized content, for example, remembering your language and similar settings and presenting offers that may be of interest to you. These tools also enable our third-party advertisers to present ads specific to your interests across the Internet and to personalize your online experience (see Online Advertising, below).
We may personalize your experience based on your relationship with us. For example, we may display product offers based on which products and services you hold with us. This personalization may occur even after you have logged out. We may also contact you with personalized offers based on the content you browse on our Website.
Online advertising: Genesis uses technology together with your profile information, such as your purchase history, preferences and/or contact information, to provide you with targeted, interest-based and/or behavioral content and advertising and may conduct such activities, as well as data analytics in this respect, in conjunction with third party service providers, social media platforms or other entities.
If you no longer wish to participate in the services offered through these solutions, you can opt-out of this activity by visiting the:
- Network Advertising Initiative at http://www.networkadvertising.org/choices/; and
- Digital Advertising Association of Canada at http://youradchoices.ca/choices/.
If you opt-out, please note you may still receive ads from Genesis but they are not part of targeted advertising.
ii. IP Addresses:
We may collect your IP address when you visit the Genesis Website to help us diagnose problems with our systems, to administer the Genesis Website, to report aggregated information to our partners, to assist in marketing practices and to audit the use of the Genesis Website. We do not normally link IP addresses to anything personally identifiable. In limited circumstances, we may use IP addresses to help us identify you when we feel it is necessary to enforce compliance with our terms and conditions or to protect our services, Genesis Website, users or others.
Genesis uses third-party analytics service providers, such as Google, Adobe and others, to help better understand how visitors use our website. These technologies may record information such as how often you visit our website, which pages and features you frequent, aggregated use and performance data. This data may be aggregated and analyzed to help Genesis provide you with a better online experience.
b. Processing in other contexts:
The personal information we collect in other contexts will be used for the purpose of supplying you with the requested products or services or for other purposes for which you have given your consent, except where otherwise provided by law.
The information collected assists us in: (a) maintaining our client relationship management databases; (b) communicating with you, including in response to your comments or requests for information; (c) providing you with services related to your vehicle warranty, servicing and maintenance, and parts and accessories warranty; (d) advising you of any product recalls or customer notifications with respect to your vehicle; (e) processing transactions, providing order updates and arranging for goods and services you have purchased to be delivered; (f) conducting market and product preference research and analysis, as well as analyzing and refining our operations and sales strategies; (g) providing you with information about promotions, events, products and services that may be of interest to you; and (h) meeting our legal or regulatory obligations and other legitimate business interests.
Genesis conducts contests and offers promotions from time to time and you may decide to provide certain contact and other information such as your name, mailing address, e-mail address, age, and other information that may be required to provide or administer these contests and promotions.
c. Third Party Websites
The Genesis Website may contain links to other websites, which are not owned, operated, or controlled by Genesis. This Privacy Notice only relates to our collection and use of your data on the Genesis Website and we are not responsible for the privacy policies and practices of other third party websites, including from any provided links. We urge you to review the privacy statements of each website that you visit to ensure that you understand when, how and why those websites use and share your personal information.
4. How Does Genesis Share Personal Information?
Genesis may share your personal information with its distributors, affiliates and service providers for the purposes set out herein. For example, we may share your personal information with our service providers exclusively for the purpose of providing services for us (e.g., to fulfill your request to enter into a Genesis contest).
Genesis may share your personal information with our service providers for the following purposes:
Genesis has contracts in place with its service providers that prohibits them from using personal information for anything other than providing their services to us or to you on our behalf unless otherwise required by law. The contracts also prohibit our service providers from passing on your personal information for use by other third parties in any form whatsoever, unless we have obtained your consent or are legally required to do so.
As a convenience to our vehicle owners and registered users of Hyundai Bluelink & Genesis Connected Service Systems, we may offer the ability to use certain third party products and services, such as your mobile phone and mobile applications with your vehicle. For example, these third party products and services may include data services through your mobile phone carrier, Android Auto™ and Apple® CarPlay. If you wish to use these types of services, we need to disclose your personal information to these providers. Hyundai Bluelink & Genesis Connected Service’s use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
These third party products and services are not owned or controlled by Genesis and we are not responsible for the privacy practices of the third parties that provide such products and services or the terms and conditions under which they offer such products. You use such third party products and services at your own risk. If you choose to use such third party products and services, we strongly encourage you to read the privacy policies and terms and conditions of such third parties to make sure they are acceptable to you.
Genesis may also disclose your personal information when required or permitted by law, such as to respond to court orders, subpoenas or other legal processes by authorities with jurisdiction.
As permitted by law, Genesis may transfer or assign your personal information as a result of, or in connection with a merger, consolidation, change in control, transfer of assets, bankruptcy, reorganization, liquidation or other business transaction.
Further, your personal information may be disclosed:
- To protect the rights, property and interests of Genesis including intellectual property rights;
- To prevent, detect or suppress financial abuse, fraud, and criminal activity;
- To investigate potentially illegal or suspicious activity; and/or
- To manage, defend or settle any actual or potential loss.
In these cases, we may disclose your information, individually or pooled with other people’s information, to any person or organization, investigative body, fraud prevention agency, regulatory or government body, person who operates a database or registry used to check or verify your information, insurance companies or financial or lending institutions.
We may also disclose your personal information:
- During emergency situations or where we reasonably believe it is necessary to protect the safety, health or security of a person or group;
- Where the personal information is publicly available as determined by law; or
- Otherwise with your consent.
5. How Does Genesis Keep Your Personal Information Secure?
Genesis has established and implemented governance policies and practices regarding the protection of personal information. These policies and practices are proportionate to the nature and scope of our activities and are approved by our Privacy Officer.
For instance, Genesis has policies and procedures to:
- prevent unauthorized access to your personal information;
- define the roles and responsibilities of the members of its personnel throughout the life cycle of the personal information;
- respond to privacy questions, complaints, or breaches (see below);
- limit the use of your personal information to the purposes communicated to you;
- honour the choices you made about your personal information;
- retain your personal information for the period we need it to serve you and manage our business and legal obligations;
- securely destroy your personal information or convert it to an anonymous form after the time we do not need it; and
- help make sure that any service providers or agents who handle your information on our behalf, in Canada or elsewhere, protect that personal information.
We review our procedures and security measures on a regular basis. We do this to help make sure that they remain effective and appropriate.
6. How Long Does Genesis Retain Your Personal Information?
We only retain personal information for as long as is necessary for us to fulfill the purpose for which it was collected or to comply with legal or regulatory requirements. We have retention standards that meet customer service, legal and regulatory needs as well as our internal record retention practices.
Under certain circumstances, your personal information may also be kept longer, for example, in connection with a litigation hold, in which case we are obliged by law to preserve information until the litigation is resolved.
7. Personal Information May Be Located Outside of Canada
Third party service providers to whom we disclose personal information pursuant to this Privacy Notice may be located outside of Canada or Quebec. The data protection laws of these jurisdictions may differ from Canadian or Quebec laws. Subject to applicable laws in such other jurisdictions, we will ensure that appropriate protections are in place to require the processor of personal information in that country to maintain protections with respect to such information that are equivalent to those that apply in Canada.
Additionally, if our service provider is located in a foreign jurisdiction, they are bound by the laws of the country in which they are located. As a result, they may be required to disclose your personal information in response to authorized demands from government authorities, law enforcement, or courts of their jurisdictions.
8. Your Rights
You have the following rights with respect to your personal information:
- Right of access: You have the right to obtain information on the processing of your personal information and in some cases, to receive a copy of this information. This includes the right to request information about how we process your personal information, including what personal information we collected from you and how it is being processed.
- Right to rectification: You have the right to request that we correct or complete your inadequate, incomplete or inaccurate personal information.
If you are a resident of Quebec, you may also have the following additional rights:
- Right to be forgotten: You have the right to request that we cease disseminating your personal information or having hyperlinks associated with your name, and to provide access to personal information, de-indexed in certain circumstances.
- Right to erasure: Under certain circumstances, you may have the right to request that we delete your personal information.
a. Exercising Your Rights
You may exercise your privacy rights by sending a request to firstname.lastname@example.org.
When you exercise these rights and submit a request to us, we may verify your identity by asking you to authenticate your identity via standard authentication procedures.
We will respond to your request in writing within the time required by law. In certain cases, for instance, when the request involves large volumes of information or we must contact multiple third parties to obtain the information requested, we may need additional time to respond.
For an access request, we will provide you with access to your personal information that is in our possession, subject to certain exceptions (such as when your request includes information that is referenced to another individual’s personal information that we cannot sever, or information subject to solicitor-client privilege, or other legal restrictions that may prevent us from fulfilling your access request).
If we refuse your request, we will respond to you in writing, provide the reasons for the refusal, and inform you of what remedies you may have.
In light of the importance of protecting children’s privacy, we do not collect, process or use on the Genesis Website any personal information relating to an individual whom we know to be under fourteen (14) years old without the prior, verifiable consent of the child’s parent or guardian. Any such parent or guardian has the right, upon request, to view the personal information provided by the child and/or to require that it be deleted.
If you are providing us with personal information of individuals under the age of fourteen (14), you represent that you have the appropriate authority to do so, and that you can demonstrate such authority to Genesis upon request.
If you are a parent or guardian who has discovered that your minor child has provided us with personal information, we ask that you contact us at email@example.com to have this information deleted from our records.
10. Obligation to Provide Personal Information
In general, you are neither contractually nor statutorily required to provide your personal information for the above purposes. However, your decision to not provide your personal information may reduce features and functionalities, may render it impossible to use our information and services offered in the relevant context, the denial of access to our services and/or the exclusion from our business activities to the extent the processing of your personal information is key in these contexts.
The information required for any registration or login on the Genesis Website, or for contacting us, is marked as mandatory in the corresponding area (e.g., a contact form) of the Website; if you do not provide this mandatory information, we cannot enable you to use the respective functionality.
11. Accuracy and Updating Personal Information
We take care to ensure that the information we have is accurate and up-to-date. However, we also rely on you to tell us when your personal information changes. You can update and correct errors in your personal information by contacting us at 1.888.999.9895. Depending on the nature of the information you are requesting and the complexity of your request, we may ask you to put your request in writing.
12. Withdrawal of Consent
In circumstances where you granted us your consent to process your personal information, you may, at any time, withdraw your consent:
- to the use of your personal information in the future; and
- to the communication of your information to third parties.
We will then stop the processing of your personal information, subject to legally permissible exceptions. Please note that your withdrawal has effect for future processing operations only.
Please contact us by sending an e-mail to firstname.lastname@example.org or contact the Privacy Officer at the information below.
If you withdraw your consent, you may no longer be able to use the services affected by the withdrawal. Apart from that, you will not suffer any further disadvantages. You may also unsubscribe from any promotional communications by clicking the ‘unsubscribe’ button in the email itself.
If you have any questions about our Privacy Notice or about how we are complying with the Privacy Notice, let us know. In most cases, a question or concern is resolved simply by talking to us about it.
You can contact our Privacy Officer at:
Genesis Motors Canada, a division of Hyundai Auto Canada Corp.
75 Frontenac Drive
Markham, Ontario L3R 6H2
Attention: Privacy Officer
13. Changes to this Privacy Notice
We reserve the right to modify this Privacy Notice at any time and at our sole discretion, without notice. Changes to this Privacy Notice will be effective immediately on posting to the Genesis Website. You agree to review this Privacy Notice on each visit to the Genesis Website to inform yourself of any such modifications. You also agree to be bound by any such modifications.