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TERMS OF USE

Terms of Use for My Lexus website  

Welcome to My Lexus. These Terms of Use apply to the My Lexus services as made available from this website. By using the services on My Lexus and other related websites where these Terms of Use are applicable, you are agreeing to the following terms with Lexus Motor Europe NV/SA, Avenue du Bourget 60, 1140 Brussels, Belgium ('TME' or ‘we’) , Lexus Ireland and Toyota Ireland, Killeen Road, Dublin 12 and the general principles for the websites of our subsidiaries and affiliates. 

Before you become a member of My Lexus, you must first read and accept all of the terms in, and linked to, these Terms of Use. These Terms of Use constitute a legally binding agreement between you and TME and Toyota Ireland / Lexus Ireland. 

By accepting these Terms of Use, you also agree that the use you will make of the My Lexus-branded websites, other websites or other services, may be governed by separate terms of use or terms & conditions from these other service providers ("Service Provider") which you also accept (see here under nr. 12). A Service Provider, accessible through the My Lexus-branded-websites, may offer products and services to you through My Lexus. If you do not want to use such separate services, you can reject the terms & conditions of that Service Provider. 

Any usage of any of the services made available from your Lexus vehicle must be done at all times in accordance with applicable legislations and in a safe and secure manner so that it does not interfere with or disturb the driving of the vehicle and/or other participants in traffic. You acknowledge and accept that any use of the services provided on My Lexus, including when using them in your Lexus vehicle, is at your sole responsibility and risk, and that TME and/or Lexus Ireland are not liable for any damages you may incur or cause to third parties in connection with such use. 
  
1. Your Account 

If you use My Lexus, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure. You should also inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. 

Please ensure that the details you provide us with are correct and complete. Please also inform us immediately of any changes to the information you provided us with when registering. You can access and update much of the information you provided us with in the “My Account”>”My details” area of the website. TME and Lexus Ireland reserves the right to refuse access to the website, terminate accounts, remove or edit content at its discretion. 

2. Cookies 

A cookie is an alphanumeric identifier that we transfer to the hard drive of your computer through your Web browser in order to enable our systems to recognise your browser and to provide special features. 
  • The Help-menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. However, because cookies allow you to take advantage of some of My Lexus's essential features, we recommend that you leave them turned on. 
If you do leave cookies turned on, be sure to sign off when you finish using a shared computer. 

3. Access to My Lexus 

We will try to ensure an uninterrupted availability of the website and error-free transmissions. However, due to the nature of the internet, an uninterrupted and error-free access cannot be guaranteed. Also, your access to the website may be occasionally suspended or restricted because of repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. TME does not warrant, nor guarantee the accessibility or the quality of any content that TME or the Service Provider provide through the website. 

4. Licence for website access 

TME grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except after a prior explicit written consent of TME. This licence does NOT include (a) any re-sale or commercial use of this website or its contents, (b) any collection and use of any product listings, descriptions or prices, (c) any derivative use of this website or its contents, (d) any downloading or copying of account information for the benefit of another merchant or (e) any use of data mining, robots or similar data gathering and extraction tools. 

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior explicit written consent of TME and Lexus Ireland. You are not allowed to undertake any of the following: 

1.       Frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of TME/Lexus Ireland and its affiliates without explicit written consent; 

2.       To use any meta-tags or any other "hidden text" utilising TME's or its affiliates' names or trademarks without the explicit written consent of TME and Lexus Ireland; 

3.       Act dishonestly or unprofessionally by engaging in unprofessional behaviour; 

4.       Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer the data except as permitted in this Agreement; 

5.       Attempt to or actually override any security component; 

6.       Remove any copyright, trademark or other proprietary rights notices; 

7.       Collect, use or transfer any information, including but not limited to, personally identifiable information. 

Any unauthorised use terminates the permission or license granted by TME and Lexus Ireland. 

5. Trademarks 

All marks indicated on our website are trademarks or registered trademarks of the Japanese company Lexus Motor Corporation, valid in the European Union and/or other jurisdictions. 

TME's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of TME. TME's trademarks and trade dress may not be used in connection with any product or service that is not TME's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits TME. 

All other trademarks not owned by TME that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TME. 

6. Service Providers 

Parties other than TME/Lexus Ireland and its subsidiaries provide services, or sell products through My Lexus. We are not responsible for examining or evaluating these services and we do not warrant nor endorse the offerings of any of these Service Providers. TME does not assume any responsibility or liability for the actions, products and content of any of these and any other third parties. Service Providers and third parties will have separate terms and conditions for providing their services. You should carefully review their terms and conditions when you consider to engage in a transaction with them. 

7. Damages 

TME will not be responsible for any damages you might suffer as a result of your use of the services. 

8. Changes 

We reserve the right to make changes to our website, policies and these Terms of Use at any time. You will be subject to the policies and Terms of Use in force at the time that you use the website, unless any change to those policies or these Terms of Use is required to be made by law or any governmental authority. If any of these Terms of Use is deemed invalid, void or for any reason unenforceable, that specific term will be deemed severable and will not affect the validity and enforceability of any remaining term. 

9. Events beyond our reasonable control 

We will not be held responsible for any delay or failure to comply with our obligations under these Terms of Use if the delay or failure arises from any cause which is beyond our reasonable control. 

10. Waiver 

If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. 

11. Governing law and jurisdiction 

These Terms of Use are governed by and construed in accordance with the laws of Belgium and where applicable Ireland. You agree, as we do, to submit any dispute to the exclusive jurisdiction of the courts of Brussels (Belgium) and where applicable Ireland.

12. Terms & Conditions of the Service Providers 

 The services you wish to receive, are provided by the Service Provider you will select. Following are the links to the terms of conditions of the service providers. Please read them carefully before proceeding further. 


1.      Google


2.      Tomtom


3.      Nokia


4.      Yandex

PRIVACY NOTICE FOR THE PROCESSING OF YOUR PERSONAL DATA IN THE FRAMEWORK OF THE

“MY LEXUS” PORTAL/APP AND ACCOUNT


This Privacy Notice relates to the Processing of your Personal Data in the framework of your access to and use of the MyLexus app and the creation and use of your MyLexus account. It always has to be read together with the General Privacy and Data Protection Policy in which the general modalities of the processing of your Personal Data are described and which you must accept in order to proceed further https://www.lexus.ie/legal.

Lexus Ireland, Killeen Road, Dublin 12, D12 AW94, Ireland and Toyota Motor Europe NV/SA (“TME”), Avenue du Bourget / Bourgetlaan 60, 1140 Brussels, Belgium, as Data Controllers, will collect your Personal Data (as indicated below) for the purposes as described below.

When we refer to “Lexus”, we mean TME, Toyota Ireland and Authorised Retailers/Repairers.


WHICH OF YOUR PERSONAL DATA WILL BE COLLECTED?
We will collect the following (categories of) your Personal Data with respect to the MyLexus portal/app and your MyLexus account:


Categories of Personal Data:
Personal Data you provide to us
- Your name, address, e-mail address, phone number,
- Information about your Lexus car, Vehicle Identification Number, and e-store account details.
- Any sound or image files that you may upload onto the MyLexus portal/app and/or your MyLexus account.
Personal Data we collect about you:
- The Lexus website and the MyLexus portal/app uses server logs which record your interactions with the Lexus website and the MyLexus portal/app and in terms of the webpages you visit by reference to your computer's internet protocol address at the time. The automatic processes that we use to collect information include cookies, log-files and Wifi access point beacons.


PURPOSES AND LEGAL BASES OF THE PROCESSING OF YOUR PERSONAL DATA
We will process your Personal Data for the below purposes:


Purposes:
- In view of the creation, use (by you) and maintenance (by us) of your MyLexus account, which includes:
§ To allow you to access / subscribe to / purchase certain services, products, apps, etc., including, for example, navigation services and apps, connected services and apps (if your Lexus car is equipped with a connectivity device)
§ To allow you to make requests to us (for example, a request for a test drive, a quotation, a brochure, an appointment or any other request for information on Lexus products or services).
Please note that certain of your requests may be fulfilled by a selected Authorised Retailer/Repairer(*). In such case, your Personal Data must then be accessible to that selected Authorised Retailer/Repairer in order to enable them to fulfil your requests.

(*) Members of our Authorised Retailers and Authorised Repairers network which you have indicated as preferred Authorised Retailers or Authorised Repairers or which are located near you (based on your postcode, address) or which you have been in contact with
- To send you reminders related to your Lexus such as to renew any service we offer that is about to expire.
- To inform you about offers of Lexus products and services which could be relevant for you and for your vehicle.
- To send you information about events that Lexus is organising.
- To contact you to request your participation in surveys we undertake with respect to you as owner of a Lexus car and the Lexus products and services and, upon your acceptance, to perform these surveys and to follow up on them.
- To update, rectify and consolidate your Personal Data which will be collected based on this privacy notice and your Personal Data which would already be available in a lawful manner in other systems operated by our Authorised Retailers/Repairers or any other recipient.
- To contact you if we experience problems in fulfilling one of your requests.
- To repair and improve the MyLexus portal/app or ensure that the content on the MyLexus portal/app is presented in the most effective manner.
- As part of our efforts to keep the MyLexus portal/app and your MyLexus account secure.
- To detect or prevent unlawful, malicious or offensive activity with respect to the Lexus website, the MyLexus portal/app and/or MyLexus accounts. We do not use any automatically collected data to identify individual internet users unless we believe they may be involved in unlawful, malicious or offensive conduct.
- To analyse the Lexus website and MyLexus portal/app usage and to investigate any performance issues with the Lexus website and MyLexus portal/app. We may screen internet protocol and email addresses to prevent the Lexus website, the MyLexus portal/app and/or your MyLexus account being used to forward unsolicited electronic communications.
- To comply with a court order or with an order or request from an authority.


DURATION OF RETENTION OF YOUR PERSONAL DATA
Your Personal Data will be kept for the duration indicated below:


Retention period(s): Categories of Personal Data:
If your MyLexus account related information indicates that you own a Lexus car and in case you have not logged in on your MyLexus account for 5 years, we will consider that you do not wish to keep your MyLexus account and to rely on certain of its features that are linked to the ownership and use of your car (for example, the link between the use of a connectivity device in your car and your MyLexus account). We will then close it and delete your Personal Data related to it.
Before effectively closing your MyLexus account and deleting your Personal Data, we will send you an e-mail so that you can confirm whether or not you want to keep your MyLexus account. The same applies if you do not own a Lexus car and you have not logged in on your MyLexus account for 2 years.
All categories of your Personal Data described above.


RECIPIENTS OF YOUR PERSONAL DATA (OTHER THAN THE DATA CONTROLLER(S)
Your Personal Data will be made accessible to the recipients indicated below:


Recipients or categories of recipients:
Within our organisations and our brand environment:
- Our authorised staff members;
- Our affiliates and subsidiary companies;
- Members of our Authorised Retailers and Authorised Repairers network which you have indicated as preferred Authorised Retailers or Authorised Repairers or which are located near you (based on your postcode, address) or which you have been in contact with;
- Toyota Motor Europe (to assist in administering warranty/service product details, customer relations queries and any other TME provided services)
- Toyota Motor Corporation (to assist with warranty, technical or customer relations matters)

b) Third party business partners:

- Advertising, marketing and promotional agencies: to help us deliver and analyse the effectiveness of our advertising campaigns and promotions;

- Business partners: for example, trusted companies that may use your Personal Data to provide you with the services and/or the products you requested and/or that may provide you with marketing materials (provided that you have consented to receiving such marketing materials). We ask such companies to always act in compliance with applicable laws and this Policy and to pay high attention to the confidentiality of your personal information;

- Service providers of Lexus: companies that provide services for or on behalf of Lexus, for the purposes of providing such services (for example, Lexus may share your Personal Data with external providers of IT related services or fulfilment companies);

c) Other third parties:
- when required by law or as lawfully necessary to protect Lexus:
- to comply with the law, requests from authorities, court orders, legal procedures, obligations related to the reporting and filing of information with authorities, etc.;
- to verify or enforce compliance with Lexus policies and agreements; and
- to protect the rights, property or safety of Lexus and/or its customers;
- in connection with corporate transactions: in the context of a transfer or divestiture of all or a portion of its business, or otherwise in connection with a merger, consolidation, change in control, reorganisation or liquidation of all or part of Lexus business.

Please be aware that third party recipients listed under points b) and c) above –especially service providers who may offer products and services to you through Lexus services or applications or via their own channels– may separately collect Personal Data from you. In such case, these third parties are solely responsible for the control of such Personal Data and your dealings with them will fall under their terms and conditions.
You must have accepted the General Lexus terms of use
You must accept the Data privacy Terms of Use