Privacy Statement
This privacy statement has been formulated by Toyota Financial Services Belgium NV (« TFS »). TFS offers its products under commercial brands. These commercial brands can be found in your offer, or your contract with TFS.
TFS is responsible for processing the personal data described in this statement. Below, when we refer to « us », we are referring to TFS. Where we refer to the processing of personal data in this statement, this may vary from product to product. If the processing is the same, this privacy statement will not make any difference to the processing. Where the processing varies, this will be explicitly indicated.
TFS offers the following products:
Installment sales (« credit agreement ») or leasing, where you receive a one-time lump sum or purchase a product from a retailer or dealer (« affiliated partner ») and you pay back a portion of it each month, as well as short- or long-term leasing.
Within the context of this privacy statement, we restrict ourselves to data processing operations that applies when you, as a consumer, directly or indirectly (via an affiliated partner), apply for a credit agreement or lease with us, and where applicable, effectively conclude a credit agreement with us. Insurance-related processes do not fall within the scope of this statement.
1. What personal data do we collect and why?
We use the personal data we receive from you for various purposes. To clarify, our description follows the phases of the processes we use for the credit agreement. We use your data for the following phases/cases:
1.1 Your application: evaluating and accepting your credit application;
1.2 Execution: concluding and executing your credit contract;
1.3 Recovery: the collection of outstanding debts;
1.4 Sale and transfer: the sale and/or transfer of outstanding debts;
1.5 Marketing: carrying out commercial activities;
1.6 Fraud: prevention, detection and combating fraud
1.7 Legal obligations: compliance with legal obligations and demands from public authorities and supervisory bodies;
For each following paragraph, we will explain what data we collect in each phase and why.
1.1 Your application
If you submit a request for a credit agreement directly (by phone or on the website) or indirectly (via an affiliate partner), we will ask you to provide personal information with this request. If you submit your application via an affiliate partner, the concerned partner will notify you of this privacy statement. When you submit your request, you must provide the following personal information:
- Identification data (minimum: name, date of birth, gender);
- Address (minimum: postal code, street, house number);
- Contact details (minimum: phone number, e-mail address);
- Banking details (minimum: name of bank, IBAN);
- Income (and expenditure) details (minimum: type of income, details of employer);
- Identity card information (minimum: type of document, expiration date) or digital transfer via the identity card.
Depending on the credit amount or your situation, we may ask you for information about your partner our spouse. In that case, the following personal data is requested:
- Identification data (minimum: name, date of birth, place of birth, nationality, gender);
- Address (minimum: postal code, street, house number);
- Contact details (minimum: phone number, e-mail address);
- Banking details (minimum: name of bank, IBAN);
- Income (and expenditure) details (minimum: type of income, details of employer);
- Identity card information (minimum: type of document, expiration date) or digital transfer via the identity card.
Full and correct provision of your personal data is a condition to fulfill your request. Without this personal information, we will reject your application and no credit agreement or lease will be concluded.
We are affiliated with the Belgian Extended Credit Risk Information System (« BECRIS »). To ensure that you do not borrow beyond your means, we will inform BECRIS, confidentially, to review if you already have credits and how payments are or have been made. As soon as we accept your application, we will register your contract agreement with BECRIS. We will also register any late payments with BECRIS.
Individual decision-making
If your application is complete, we will evaluate it on the basis of the rules we have set for this purpose. These rules enable us to objectively assess whether we can reasonably expect that you will be able to fulfill your obligations under the credit agreement. We want to prevent you from borrowing more than you can repay at any given time. If we reject your application, we or the relevant employee of the affiliate partner, will immediately inform you of the rejection. You then have the right to ask us by email within seven working days following the rejection to review or explain the decision. You can send your e-mail to privacy.be@toyota-fs.com.
Purposes and lawfulness of processing
During the application phase, your personal data is processed in the context of evaluating and accepting it. The processing is necessary for the performance of the credit agreement we conclude with you, and for the purposes of our legitimate interests in the evaluation of your application. These interests mean that we want to prevent you from obtaining credit from us that you are not expected to be able to repay. As a customer this is not desirable for you and would cause harm to TFS. To assess this risk, we process your personal data.
1.2 Execution
The execution of your credit agreement begins once we have accepted your application and concluded a credit agreement with you. During this phase, we process personal data already collected under paragraph 1.1, as well as data relating to your (future) payments as a minimum. During this phase, we will automatically debit the monthly amount agreed in the credit agreement or leasing from your bank account, if you have chosen this option. We will also make changes to your personal data (for example when you move house). It is possible that changes in your personal situation may require an adjustment of your credit. Depending on the situation, we will work with you to find an appropriate solution.
Purposes and lawfulness of processing
During the execution phase, your personal data will be processed for the purposes of contract execution, such as (automatic) direct debit, credit collection by phone or e-mail, and to record ant changes in your personal data (for example, your personal situation, your income, your address). The processing is necessary for the performance of the credit agreement we have concluded with you.
1.3 Recovery
The recovery phase begins when you are no longer able to fulfill your payment obligations under your credit agreement with us. For example, if you are behind on payments or have applied for debit relief or debt mediation. In this phase, we process the personal data already collected under paragraphs 1.1 and 1.2; update data relating to your income and expenses, requesting more detailed information than at the acceptance stage, including your family situation and a description of your monthly expenses (energy, rent, shopping, etc.) at a minimum. The aim is to be able to agree with you, in the event of payment arrears, on a payment arrangement that is as reasonable as possible.
Based on the agreement we have concluded with you; we can also impose or have imposed a wage assignment. In case of a wage assignment, we will ask your employer, through the court, to transfer the seizable part of your wage to TFS in order to repay an outstanding debt.
Purposes and lawfulness of processing
During the recovery phase, your personal data is processed for the purpose of evaluating and concluding a payment arrangement. The processing is necessary for the performance of the credit agreement we have concluded with you, and for the purposes of your legitimate interests in the repayment of the loaned amount.
1.4 Sale and transfer
If, after completing the recovery phase, you are still unable to meet your obligations arising from the credit agreement, we will demand the outstanding balance and consider selling the claim to a recovery agency or transferring the claim to a bailiff or a recovery agency. In this phase, we process the information already collected under paragraph 1.1, 1.2 and 1.3, overdue payments, the outstanding balance and any (new) changes to your personal data as a minimum.
Purposes and lawfulness of processing
In this phase, your personal data is processed for the realization of the claim, namely the transfer to the bailiff and/or the sale to a qualified buyer. Processing is necessary for the performance of the credit contract we conclude with you and for the purposes of our legitimate interests in the repayment of the loaned amount.
1.5 Marketing and reminders
TFS also uses the personal information you provide to carry out commercial activities:
If permitted by law, we may send you interesting offers via TFS or through third parties with whom we collaborate and share information about our products and services. To do this, we use various channels, namely postal mail, e-mail, SMS, or phone. When we transfer your personal data to other companies for marketing purposes, we will always ask for your prior consent.
We analyze the effectiveness of our marketing campaigns across different channels to ensure that we approach our customers effectively and share targeted information and offers with them.
We may also communicate with you to inform you about contract renewals, ensure continuity of your services, and maintain effective communication regarding updates and changes to your contracts.
During this phase, we process the following personal information:
- Identification data (name);
- Address (postal code, street, house number);
- Contact details (phone number, e-mail address);
If you no longer wish to receive commercial information or wish to withdraw your consent, please let us know by writing either via e-mail (info.be@toyota-fs.com) or by letter to our customer service.
Purposes and lawfulness of processing
When your personal data is processed for marketing purposes, processing is carried out on the basis of explicit prior consent to any sending of offers and marketing communications.
In the case of reminders, we act in our legitimate interest to inform you of contract renewals, to guarantee the continuity of your services, and to maintain effective communication regarding updates and modifications to your contracts.
1.6 Fraud
In order to prevent, detect, and combat fraud, we collect personal data related to suspected fraudulent activities. Such data can only be collected for this purpose. In this phase, we process personal data already collected under paragraphs 1.1 to 1.4. TFS has a special department dealing with this problem. When professionals from this department detect a fraudulent act, they can make registrations in various warning systems, including a declaration to the authorities.
Purposes and lawfulness of processing
Your personal data will be processed to investigate potential fraud, to detect fraud and to prevent it from happening again. Processing is necessary for our legitimate interests in detecting and preventing fraud.
1.7 Legal obligations
We collect your personal data to comply with our legal obligations in Belgium and Luxembourg, including registering your credit with national registration institutions, ensuring financial accountability, complying with information from our supervisory authorities, processing credit changes, carrying out audits, making recordings to combat fraud, and conduct inspections related to anti-money laundering. We are also required to comply with sanctions legislation, anti-fraud legislation, and « know your customer » obligations.
Purposes and lawfulness of processing
The processing is necessary to meet the legal obligations of the processing.
2. With whom do we share your personal data?
We may share your personal data with other companies within the TFS Group and with companies, agents, and service providers affiliated with TFS. We may share this information because of our legal obligations and/or to provide you with services or products from these other entities. We will only share your personal data with third parties either with your explicit consent or if the law explicitly allows it.
We may share your personal data with the following parties:
- Group companies and companies, agents and service providers affiliated with us, as well as our external legal service providers;
- Third parties who may send you commercial offers; this means that we or third parties may send you information about our products, services and offers under explicit legal provisions;
- Third parties who provide payment services on our behalf;
- Affiliated dealers and retailers who act as intermediaries in the conclusion of a credit agreement and through whom you may have provided your details to TFS;
- Third parties who carry out collection activities and to whom we transfer claims; this means that we may share personal data relevant to the processing of the claim with call centers, home visitors, but also bailiffs and collection agencies (paragraphs 1.1 to 1.4);
- Organizations with which we are legally obliged to share information. We are affiliated with BECRIS. If you apply for credit with us, we ask BECRIS for information about whether you already have or have had credit. When we approve your credit application, we also inform BECRIS. Your credit will then be registered with BECRIS. We must also report any delay of three or more payments to BECRIS. This is legally required by the Royal Decree of March 23, 2017, regulating Individual Credit Register (ICR) | nbb.be;
- Belgian regulators with whom we are obliged to share data if requested;
- The auditors in response to a request and provided that the request has a legal basis;
- The competent court or legal authority on the basis of disputes concerning the processing of personal data.
3. Jurisdiction and transfers outside the EU
In connection with the above-mentioned services provided to third parties, your personal data may be transferred to countries that do not benefit from the same level of protection as that offered by the GDPR. In such cases, we have established procedures to ensure that your personal data is processed in accordance with applicable legal safeguards.
4. How long will we keep your personal data?
We will retain your personal data for as long as it is needed and permitted for the purposes for which it was collected. We apply the following criteria to determine our retention periods:
- The duration of the period during which you use our product and/or service;
- Any applicable legal obligations with which TFS must comply (for example, legal administrative obligations, litigation and investigations by regulators).
5. How do we secure your personal data?
TFS treats the personal data you provide with the utmost care. We have taken appropriate organizational and technical measures to protect your data against data breaches and misuse of this data (e.g., identity theft), particularly by establishing internal policies and procedures dedicated to the security and protection of personal data, managing and controlling access rights, and educating and raising staff awareness of data privacy issues.
6. Changes to our privacy statement
We may modify this privacy statement from time to time. If we have your e-mail address, we will notify you by e-mail of any changes. You can consult the latest version of this privacy statement at any time on our web page via this link : https://www.kinto-mobility.eu/be/en/data-privacy-policy.
7. What are your rights?
You have the right to ask us to:
- Provide access to your personal data (such as your address or phone number);
- Complete, correct, or delete your personal data (such as your address or phone number);
- Object to the processing of your personal data;
- Restrict the processing of your personal data;
- Transfer your personal data to yourself or a third party; and/or
- Obtain human intervention in the case of automated decision making, to express your view, to obtain an explanation concerning the decision taken following this type of evaluation, and to contest the decision.
These rights are not absolute. We will assess your request in accordance with the General Data Protection Regulation. We will inform you as soon as possible but, in any case, within one month from the reception of your request, on the steps that we have taken in response to your request. We may extend this period by two months depending on the complexity of your request or the number of requests we receive. If this is the case, we will inform you.
At any time, you have the right to file a complaint with the Belgian Data Protection Authority - https://www.dataprotectionauthority.be.
8. Contact
If you have any questions about this privacy statement or how to assert your rights, please feel free to contact us at: privacy.be@toyota-fs.com or via our Customer Service (02/895.06.50). You can reach our Data Protection Officer (DPO) at the same email address.
Toyota Financial Services Belgium NV, limited liability company under Belgian law with registered office at Leuvensesteenweg 369, B-1930 Zaventem, VAT: BE0756463210