Last updated: 15.11.2021

Table of Contents

1. Who we are
2. What personal information we collect
3. When we collect personal information
4. How we use your personal information
5. How we may share and transfer your personal information

• Disclosure recipients
• Disclosure policies
• Transfer outside your country of residence and outside the European Economic Area

6. How we protect your personal information
7. How long we keep your personal information
8. Your choices about marketing communications
9. Third-party content and privacy
10. Cookie policy
11. Your rights
12. Changes to this privacy policy
13. Contact information

 

Welcome to Etioca!

This privacy policy is aimed at transparently informing you about how we collect, use and protect your personal information.

By providing us with personal information, you acknowledge that we process your personal information in accordance with this privacy policy. If you do not wish to provide your personal information on the basis set out in this privacy policy, you should not transmit the personal information to us.

We may change this privacy policy at any time, and if we do, you will see the changes posted on this page. The date the changes take effect will be the “last updated” date.

Please read this privacy policy carefully and in connection with our Terms of Use available at www.etioca.com/legal. If you have any questions or concerns, please don’t hesitate to contact us using the contact information in Section 13.

1. WHO WE ARE

This privacy policy (the “Policy“) was developed by and for Etioca SP Limited, with registered address at Madison Building, Midtown, Queensway, GX11 1AA, Gibraltar and company number 120815, as well as its affiliates, which together make up the Etioca group of companies (the “Group“) (Etioca SP Limited and each other company in the Group referred to in this Policy as “us” or “our” or “we”).

The Policy is addressed to you (acting on behalf of yourself or any other person, entity, partnership or other structure that you represent) (“you” or “User“) and applies whenever you access or use the website located at www.etioca.com as well as any other form of media or mobile application linked or related thereto (collectively the “Website”).

2. WHAT PERSONAL INFORMATION WE COLLECT

As part of your experience on the Website, we may collect your personal information, which means any information from which you can be personally identified (the “Personal Information“), including:

• Your name
• Your e-mail address
• Your postal address
• Your telephone number
• Your date of birth
• Payment information

You may request an update or deletion of your Personal Information by contacting us via the contact information in Section 13.

3. WHEN WE COLLECT PERSONAL INFORMATION

We collect Personal Information:

• When you access our Website
• When you fill out a form on the Website
• When you communicate with us by any means (e-mail, regular mail, telephone)
• When you engage with us on social media
• From cookies when you have permitted their use (see Section 10 and our Cookie Policy at etioca.com/legal)

 

4. HOW WE USE YOUR PERSONAL INFORMATION

We use your Personal Information to give you the best possible experience on the Website and in order to be able to provide you with the goods and services you request from us.

We will only process and use your Personal Information when we have a legal basis to do so and for a concrete purpose. We will always process only the minimum amount of Personal Information required to legitimately fulfill such purpose.

Here’s more information about how we use your Personal Information. The following is a list of the purposes for which we (including any of our Group companies, their directors, officers, employees, agents and/or any of their sub-contractors) process your Personal Information, and the lawful basis on which we do so:  

Purpose/type of use	Categories of Personal Information	Legal basis	Further information
Provide products and services	–       Name –       E-mail address –       Mailing address –       Telephone number –       Date of birth –       Payment information	Performance of contract  Compliance with legal obligations	In order to provide you with products or services that you yourself request, and therefore to fulfill our contractual obligations towards you, we will need to collect this Personal Information. For example, if you pre-order a vehicle on our website, we will need to collect information on the person we are concluding the contract with in order to accept your pre-order and/or prepayment.
Address your questions and concerns and provide customer service	–       Name –       E-mail address –       Other information depending on how you contact us, i.e. phone number if you contact us by phone and any other Personal Information you choose to provide	Performance of contract Legitimate interest in answering User queries and ensuring User satisfaction	In order to answer your questions and address your concerns, we will have to collect Personal Information in order to be able to effectively communicate with you. We may also keep a record of our interactions as guidance for our own future actions and to demonstrate how we communicated with you if required at a later point.
Send you important information and updates about the Website, our products and services or the products and services you request or order, or communications required by law	–       Name –       E-mail address –       Mailing address –       Telephone number	Performance of contract Compliance with legal obligations Legitimate interest in informing Users	These communications could include updates to this Privacy Policy or important or legally required information relating to your orders of our products or services or updates, for example if you pre-order a vehicle and/or make a prepayment. These communications do not include any promotional content and do not require prior consent when sent by e-mail.
Communicate with you about news, promotions and upcoming events	–       Name –       E-mail address	Consent Legitimate interest in improving Users’ experience with our Website and our products and services	We will only use your Personal Information and preferences with your consent to keep you informed, as a rule through electronic means, about relevant products and services, news, promotions and upcoming events. You may request that we cease such communications immediately at any time by following the relevant instructions in any e-mail from us or contacting us at the contact information in Section 13.
Operate, maintain and improve our Website, products and services	–       Name –       E-mail address –       Mailing address –       Telephone number –       Website access details, IP address, device type, location	Legitimate interest in ensuring that our Website continues operating securely and to ensure optimal User satisfaction, and in ensuring our interactions with our Users and offering of products and services remain appropriate and efficient	This Personal Information may be analyzed to ensure that content on the Website is presented in an appropriate and effective manner, to maintain and improve our offering of products and services, to ensure the security of our electronic systems, undertake quality assessment, analyze performance and room for improvement.
Comply with our obligations to share data with law enforcement or other authorities	–       Name –       E-mail address –       Mailing address –       Telephone number –       Date of birth –       Payment information	Compliance with legal obligations	We must fully comply with any legal obligations, regulations or orders insofar as it involves sharing Personal Information with law enforcement or other government authorities.
Protecting, investigating and deterring unauthorized or illegal activity or violation of our terms of use, and as otherwise necessary to defend our rights	–       Name –       E-mail address –       Mailing address –       Telephone number –       Date of birth –       Payment information	Compliance with legal obligations Legitimate interest in preventing and stopping unauthorized or illegal activity Legitimate interest in dealing with and defending legal disputes	We may need to process Personal Information in order to stop unauthorized or illegal activity using or through our Website, in order to protect all of our Users and ensure a positive experience for them. We may also need to keep and, if need be, process your Personal Information in order to initiate or respond to claims, challenges or disputes with Users involving our Website or our products or services.

 

If you wish to change how we use your Personal Information, please see “Your Rights” in Section 11 below. However, if you choose not to share Personal Information with us or refuse certain permissions, we might not be able to provide some products or services you’ve asked for.

5. HOW WE MAY SHARE AND TRANSFER YOUR PERSONAL INFORMATION

Your Personal Information may be disclosed and transferred to other Group companies or shared with third parties in order to ensure proper fulfillment of our contractual obligations or to ensure we meet our legal obligations. Your Personal Information may also be shared with other Group companies or third parties where we consider it to be in the public interest or in the legitimate interest of ourselves or these other parties.

Any transfer of your Personal Information will respect all applicable laws and we will treat your Personal Information under the guiding principles of this Privacy Policy.

• DISCLOSURE RECIPIENTS

In particular, we may disclose your Personal Information to the following recipients:

• Any company within our Group (including its directors, officers, employees, agents and sub-contractors) or our third-party business partners, suppliers and sub-contractors for the performance of any contract with you or with them.
• Any company within our Group and third party subcontractors, suppliers and service providers for any of the purposes identified in the table in Section 4 above and third party subcontractors, suppliers and service providers to the extent they assist the Group with its accounting, auditing, legal, tax and regulatory obligations.
• Third parties where you have expressly consented to the disclosure of your Personal Information to third parties for the stated purpose when disclosing your Personal Information to us.
• Law enforcement bodies, authorities or government or regulatory bodies which have a reasonable need to access your Personal Information.
• Prospective third party investors or purchasers of our business, assets or any company in our Group. In case of acquisition of the Group, any company in the Group or a substantial part of any of their assets by a third party, the Personal Information held by us will be among the assets transferred to the third party.
• To a bankruptcy administrator and/or liquidator, in the event of an insolvency or liquidation scenario.

If you wish to change how we disclose your Personal Information, please see “Your Rights” in Section 11 below. However, if you choose to refuse or revoke certain permissions as to how we disclose your Personal Information, we might not be able to provide some of the products or services you’ve asked for. Also, please note that we have legal obligations to disclose Personal Information to certain law enforcement bodies, authorities and government or regulatory bodies in certain cases and cannot legally agree not to provide Personal Information to such bodies or in certain cases.

• DISCLOSURE POLICIES

Our policies for disclosure and transfer of information to Group companies and third parties are as follows:

• We will disclose only that Personal Information necessary for the Group companies or third parties to perform their specific services.
• The Group company or third party may only use your Personal Information for the exact purpose specified (for example, provision of a specific service).
• We ensure, in our contracts, that if we stop working with a third party outside of our Group, any Personal Information held by them will either be deleted or rendered anonymous.
• We may be required to disclose your Personal Information to law enforcement or other authorities and government or regulatory bodies upon a valid request to do so. We take such obligations seriously and take your privacy into consideration when we do so.
• If we choose to expand, modify or sell parts of the Group, this may involve transfer of Group companies or parts or all of our business to new investors or owners. If this happens, your Personal Information, insofar as relevant and necessary, will be transferred to the new owner under the terms of this Privacy Notice.

• TRANSFER OUTSIDE OF YOUR COUNTRY OF RESIDENCE AND OUTSIDE OF THE EUROPEAN ECONOMIC AREA

In transferring Personal Information to us, you may be transferring your Personal Information outside of your country of residence. Furthermore, in the ordinary course of business, we may transfer your Personal Information to Group companies or third parties located outside of your country of residence in accordance with this Privacy Policy. You hereby expressly consent to such overseas use, transferring and disclosure of your personal data outside of your country of residence for such purposes.

Members of our Group, as well as third parties, such as subcontractors and service providers, to whom we disclose and transfer information in compliance with this Privacy Policy, may be located outside of Gibraltar or the European Economic Area (“EEA“) in countries that do not have the same standards of protection for personal data as Gibraltar or EEA Countries. This includes, but is not limited to, Brazil, Israel, the Russian Federation, Turkey, the United Arab Emirates and the USA. In such cases, we will put in place adequate measures to ensure sufficient protection of your Personal Information, including ensuring third parties in such jurisdictions enter into agreements with us to ensure that your Personal Information is processed in accordance with applicable data protection legislation.

6. HOW WE PROTECT YOUR PERSONAL INFORMATION

We are committed to ensuring that your Personal Information is kept secure. All Personal Information you provide to us is stored on secure servers in Latvia.

In order to prevent unauthorized access or disclosure of your Personal Information, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the Personal Information that we collect.

When you access any area of our Website, we use encryption in line with industry standards. This means that all the information sent between your computer and our server architecture is encrypted so that no one can read it in transit.

Despite this, the transmission of Personal Information via the Internet, its storage and protection can never be completely secure. We therefore cannot guarantee the security of the Personal Information transmitted to us, and any transmission is at your own risk. See also our Terms of Use in this regards, located here: www.etioca.com/legal.

7. HOW LONG WE KEEP YOUR PERSONAL INFORMATION

We will only retain your Personal Information for the period necessary for the purpose for which it was collected and for the period necessary to comply with our legal and regulatory obligations. At the end of such period, your Personal Information will either be deleted completely or anonymized, for example by aggregation with other data so that it can be used in a non-identifiable way for analysis for our business planning and improvement of our products and services.

If you request that all or part of your Personal Information be deleted at any time, we will still retain this information for a maximum of 10 years from request, before deletion. This is due to our legal obligations of information retention. During this time, your Personal Information will be segregated from other Users’ Personal Information and will not be accessed or used for any other purpose than fulfillment of legal and regulatory requirements.

8. YOUR CHOICES ABOUT MARKETING COMMUNICATIONS

We will never send you unsolicited information regarding our own or any third party’s products or services. But when we first collect your Personal Information, we might ask you whether and how you would like to hear from us in the future about our own as well as third parties’ products or services, promotions and events. This will normally be via consent to terms foreseeing this, through ticking a box on a form or a webpage or a reply to an e-mail. You will thereafter receive the marketing communications you have chosen through the medium indicated.

You can opt out of receiving such marketing communications at any time by clicking on the “unsubscribe” link in any e-mail containing marketing communications and following the instructions. You may also opt out by sending us an e-mail with your specific request to unsubscribe@etioca.com. Please note that it may take 3-5 business days for us to process your request, but be assured that it will be processed diligently.

Please note that opting out will not prevent any essential correspondence with you related to legitimate purposes as detailed in Section 4 above.

9. THIRD-PARTY CONTENT AND PRIVACY

Throughout the Website, we may link to or display advertising of other websites, mobile applications or other media owned or operated by third parties (collectively the “Third-Party Content“).

The separate privacy policies of the relevant third parties are applicable to any Personal Information they collect through Third-Party Content. We do not review, endorse or approve Third-Party Content or the separate privacy policies of third parties. Use of Third-Party Content, and transmission of your Personal Information to third parties, is fully your own risk and responsibility.

10. COOKIE POLICY

We use “Cookies” for various purposes related to making your experience of our Website better, including to detect and prevent abuse of our Website. Please see our Cookie Policy for more information.

11. YOUR RIGHTS

You have the following rights with regard to your Personal Information:

Right of access and information (Subject access request)	You have the right to access your Personal Information, i.e. to be provided with clear and transparent information about what Personal Information we hold about you and how we use this Personal Information.
Right to rectification	You have the right to request that we rectify any inaccurate Personal Information held by us about you.
Right to erasure	You have the right to have certain Personal Information erased under certain circumstances. This right will only apply when, for example, it is no longer necessary for us to process it to achieve the stated purpose; where you have withdrawn your consent if we are using your Personal Information based on your consent; where your Personal Information has been unlawfully processed; or where erasing your Personal Information is required in accordance with a legal obligation. This right is not absolute and will not apply when legitimate and overriding reasons for a milder remedy apply. Also, please note that we may still be obliged to retain copies of your Personal Information to fulfill our own legal and regulatory obligations (see Section 7).
Right to object to processing	You have the right to object to our processing of your Personal Information where the lawful basis for the processing is that it is in our legitimate interest. Please note that we may still process your Personal Information where there are other grounds for continuing to do so which override your rights, or which are for the establishment, exercise or defense of legal claims. You also have a right to restrict the processing of your Personal Information under certain other circumstances. This right will only apply when, for example, you would have the right to require us to erase the Personal Information but would prefer that our processing is restricted instead.
Right not to be subject to automated decisions, including profiling	You have the right to request not to be subject to a decision based solely on an automated process, including profiling, which produces legal effects concerning you or similarly significantly affects you.
Right not to be subject to direct marketing	You have the right to request that we stop using your Personal Information for direct marketing.
Right to withdraw consent	You have the right to withdraw your consent to the processing of your Personal Information if we have specifically requested your consent to process your Personal Information and if we have no other basis to rely on for processing of your Personal Information.
The right to lodge a complaint	You have the right to lodge a complaint to the competent data protection supervisory authority. In Gibraltar, this is the Gibraltar Regulatory Authority (GRA) You also have the right to lodge a complaint with the national data protection supervisory authority in your country of residence.

If you are unsure about your rights or how your Personal Information may be processed, or to make a request concerning processing of your Personal Information, please contact us using the contact information in Section 13.

Where you make a request to us in respect of your rights, we will ask you to verify your identity before proceedings with any request. If you have authorized a third party to submit a request on your behalf, we will ask them for proof of such authorization. Please provide as much detail as possible in relation to your complaint, or we may not have all the information we need to respond appropriately. Please be aware that while we take very seriously any request you make in respect of your rights, these rights are not absolute. This means that we may have the right to refuse your request or for certain reasons may only be able to comply with it in part. 

12. CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy, in whole or in part, at our sole discretion and at any time. If we make any changes, you will see the changes posted on this page. The date the changes take effect will be the “last updated” date on the top of this page. Where necessary or appropriate, you may also be notified of significant updates to the Privacy Policy by e-mail to the last e-mail address provided by you to us as part of your Personal Information.

Your continued use of the Website and/or continued agreement to the provision of Personal Information to us, or the use and processing of the Personal Information by us, following any changes to the Privacy Policy will constitute acceptance of the changes to the Privacy Policy.

13. CONTACT INFORMATION

We hope this Privacy Policy has helped you understand how we process your Personal Information and what rights you have.

However, if you have any questions, or to file a request or a complaint, you can contact us:

E-Mail us at: legal@etioca.com  

Or write to:

Etioca SP Limited

Attn. Legal Department

Madison Building

Midtown

Queensway

GX11 1AA Gibraltar