Axus Luxembourg S.A. - Ayvens Group and privacy

AXUS Luxembourg S.A. – Ayvens Group is a provider of mobility services, including operational vehicle leasing, fleet management and remarketing activities. This privacy policy explains our practices regarding the personal data of users of our lusalescarmarket@ayvens.com ("you").

We respect your privacy and therefore we process your personal data in accordance with the General Data Protection Regulation ("GDPR"), other applicable laws and regulations in the field of data privacy, personal data protection and this Privacy Policy.

1. General principles

AXUS Luxembourg S.A. – Ayvens Group understands your concerns regarding the confidentiality of your personal information. Below we describe how we acquire and use that information and outline your rights. Please read this carefully, so that the process is as fair, transparent and secure as possible.

The following principles are central to how we process your personal information:

Transparency and fairness: When we collect and process your personal information, we inform you as to who collects and receives these data, and the reasons for this. When required by law, we always seek your prior consent (e.g. before collecting any sensitive information or sending any direct marketing material). We never use your personal information for purposes that are incompatible with the purposes outlined here.
Legitimacy: AXUS Luxembourg S.A. – Ayvens Group does not collect or process personal information without a lawful reason. We use your personal information only for appropriate business purposes (e.g. to provide services, manage relationships with customers, manage customer vehicle fleets, and perform accurate invoicing, or for marketing activities, profiling to better serve customers, to conduct satisfaction surveys or draft reports and comply with our legal obligations).
Minimization: We only collect the personal information strictly necessary for data processing, as set out in this document. We collect sensitive information only where relevant. We take all reasonable measures to ensure that your personal data on record is accurate, complete and up to date.
Privacy: We endeavor to ensure privacy when implementing personal data processing. To this end we also carry out privacy impact assessments to ensure that our safeguards are appropriate and that your information is protected.

2. About us

AXUS Luxembourg S.A. – Ayvens Group is the data controller of your personal data.

Our contact details :

Route d’Arlon 270 L-8001

Strassen Luxembourg

E-mail : lusalescarmarket@ayvens.com

You can reach our data protection officer via: gregoire.guetton@ayvens.com

3. How we use your personal data, and which personal data is used

PROCESSING	LEGAL BASIS	DATA SUBJECTS CONCERNED	DATA COLLECTED
Assessment and identification of the customer in order to conclude a sales contract	Contract	Legal representatives	Identity document of the legal representative; KBIS certificate
Management of the contractual relationship car dealers and traders (B2B)	Contract	Legal representatives	Surname; first name; position; e-mail address; phone and mobile number ID Card company rep employee and/or ID company rep ; Power of attorney with signature ; Chamber of commerce proof ; Tax identification proof ; Bank account details
Management of the contractual relationship retail (B2C and small B2B)	Contract	Individuals legal representatives for small companies	Individuals : ID card and address proof, driving license and the social security number/tax identification number ; e-mail address; phone and mobile number Compagnies : Kbis Extract
Anti-money laundering and fighting the financing of terrorism	Legal obligation	Legal representatives; Company members; UBO; individual customers	Name; First name of the legal representatives; Identity document; KBIS certificate • Full name (given names and surname); • Gender; • Function title; • Date of birth; • Complete residential address; Screening results
PROCESSING	LEGAL BASIS	DATA SUBJECTS CONCERNED	DATA COLLECTED
Marketing or promotional activities ; Sending newsletters, surveys, or satisfaction polls	Consent	Customers Traders	Name; First name; Postal address; E-mail address; Telephone number
Pick-Up Services	Contract	Drivers	Name of the driver ; address and postal code of the driver's pick up address ; driver's phone number ; driver's email address
Driver's handover of the Vehicle	Contract	Drivers	Name of the driver ; Driver's phone number ; Driver's email address
Sales via the auction platform to traders (i.e. legal persons or companies)	Consent	Natural person acting on behalf of their business ; (pseudo-) UBO(s) ; Director(s) and, if applicable, Counterparty Representatives	Full name (given names and surname); Gender ; Residential private address ; Date of birth ; Identification number ; Screening results / For director(s) and counterparty Representatives : Full name (given names and surname); Gender ; Function title ; Date of birth ; Complete residential address
Defleeting	Legal obligation	Drivers	Vehicule ; papers of the vehicule
Price setting	Legitimate interest	contact person at a garage	Name ; Professional telephone number ; Professional email address
Refurbishment of the vehicle	Contract	drivers	deleting of personal data contained in the car
Retail (B2C and small B2B)	Contract	individuals, small companies	Individuals : ID card and address proof, driving license and the tax number/tax identification number Companies : Kbis Extract

4. How long do we keep your personal information

Personal data is kept by AXUS Luxembourg S.A. – Ayvens Group, in an active base, for the time necessary to achieve the objective pursued at the time of their collection.

The retention period is therefore initially set by AXUS Luxembourg S.A. – Ayvens Group according to the operational needs necessary for the execution of each individual rental contract and taking into consideration any recommendations of the local Data protection authority.

However, certain longer retention periods may result from legislative and regulatory texts. Some laws also require that documents/information containing personal data be retained for a specific period of time for evidentiary purposes or in anticipation of possible litigation until the action in question is time-barred. For example, in commercial matters for accountability documents, obligations are in principle prescribed by five years if they are not subject to special prescriptions. Ayvens is therefore obliged to keep certain personal data beyond the execution of the lease contracts, even though it no longer has any use for them, in the form of so-called intermediate archives.

At the end of these periods, the personal data is:

Anonymized; and/or
Purged

5. Who AXUS Luxembourg S.A. – Ayvens Group may share your personal data with

In principle, we do not share your data with third parties. However, as part of the execution of the sales contract, we may share company information and personal data with Ayvens’ affiliates/ SG Group in order to streamline the KYC process.

6. Export of personal data outside of the EEA

In general, all of the Ayvens databases are located inside the European Union. However, Ayvens may transfer your personal data from the Europe to countries within or outside the European Economic Area. The countries outside of the EEA may not provide the same level of protection as is available in the EEA. If we transfer your personal data outside the EEA, we will ensure that adequate levels of protection are in place in relation to the processing of your personal data. Hence, Ayvens will before transferring your personal data outside Europe make sure to implement a Standard Contractual Clauses (SCC). This applies to our support team based in India (SGGSC).

7. Your rights

In order to protect data subjects concerned by the processing of personal data, the GDPR has implemented rights. The rights in question are as follows:

Data subject Right	Description of the right	GDPR Article
Right of access	You can obtain information relating to the processing of your personal data, and a copy of such personal data.	Article 15
Right to rectification	When you consider that your personal data are inaccurate or incomplete, you can require that such personal data be modified accordingly	Article 16
Right to erasure (right to be forgotten)	You can require the deletion of your personal data, to the extent permitted by the law	Article 17
Right to restriction of processing	You can request a restriction on the use of your personal information	Article 18
Right to data portability	Where legally applicable, you have the right to have the personal data you have provided to us be returned to you in an intelligible format.	Article 20
Right to object	You can object to the processing of your personal data, on grounds relating to your particular situation.	Article 21

8. Security and data storage

AXUS Luxembourg S.A. – Ayvens Group protects your data through technical and organizational security measures, including:

- Up-to-date policies and work instructions and regular verification of compliance;

- Segregation of duties and roles, so that our employees only have access to your personal data if it is necessary for their function and role;

- Effective training of our employees on the rules, issues and risks involved;

- Physical security of the premises where we process your personal data (e.g. access control and video surveillance cameras);

- Numerous IT security measures (secure servers, firewalls and encryption).

Only those teams and employees who need to know your information within our company can access it. AXUS Luxembourg S.A. – Ayvens Group make sure to implement administration rights and policies within our company, and we take all measures to ensure that employees, advisers and service providers keep your files confidential.

9. Cookies Policy & Websites

AXUS Luxembourg S.A. – Ayvens Group may collect data via cookies to improve the user's browsing experience. Cookies are used, among other tracers, to store preferences and settings in order to save time, enable login, combat fraud, analyze the performance of the website and the services provided by the renter, and compile visit statistics.

If you use our mobile app, we may collect your GPS location, subject to your consent when required. We might also look at how often you use the app and where you downloaded it.

For more details you can consult our Cookie policy by following this link:

https://carmarket.ayvens.com/cookiepolicy/

10. Updates of this Privacy Policy

We may modify this Privacy Policy periodically to be compliant with any new regulations, so please review it regularly. If we change this Privacy Policy, we shall notify you by means of providing a notice on our website homepage. This Notice was last amended on April 15^th 2022.

11. How to contact us

To exercise the rights set out in the article 10 at any time, please send us a letter or an email to the following address AXUS Luxembourg S.A. – Ayvens Group, address : 270 Route d’Arlon L-8001 Strassen Luxembourg or contact your local Ayvens Data Protection Officer through gregoire.guetton@ayvens.com, and we will handle your request