Volvo Financial Services – Customer Portal

Terms of Use & Privacy Policy for India

1.     General terms of use

a.     Volvo Financial Services is providing a self-serving portal to allow customers to view their contracts and invoices information with the VFS group (“the Portal”).

b.     The Portal is managed by VFS and is a solution provided by Cognizant Worldwide Ltd.

c.     There terms of use govern the relationship between you or the company you represent (the “customer” or “you”) and Volvo Financial Services (India) Private Limited, a company with company registration number U65100KA2015FTC078252 (hereinafter, “VFS”, “we” or “us”) when you are accessing and using the Portal (the “Terms”).

d.     Please read the Terms carefully before proceeding with your access to and use the Portal. We recommend that you print these terms.

e.     VFS reserves the right to amend the Terms at any time. Any new versions of the Terms will be published on the Portal login page, with or without notice, , and it is your responsibility to regularly check the Terms for updates and changes. Your continued use of the Portal following the publishing of a new version of these Terms will mean that you understand and acknowledge the changes.

2.     Information Security & confidentiality

a.     If you are a representative of a company, ensure that you have the right and authority to accept these Terms on behalf of the company you represent. Volvo may require you to provide additional information or documentation demonstrating your authority to accept these Terms.

b.     Login credentials provided by VFS are personal and confidential and shall not be shared with any third party not specifically approved by VFS.

c.     You undertake to ensure that the information you provide to Volvo is accurate and up-to-date

d.     You agree to accept all responsibility for all activities that occur on your account. If you suspect that login credentials may have been compromised or shared without approval you must inform VFS without delay so that the login credentials can be disabled

e.     The information displayed on the Portal is confidential and subject to the confidentiality terms you agreed to with VFS in your contract(s)

f.       You agree to notify VFS without delay if you suffer or suspect a data or security breach within your organization and cooperate with VFS (and Volvo group) to ascertain whether such breach or suspected breach may have compromised any of the Volvo systems as a result of you having been granted access to the Portal.

g.     In case of technical problem, please contact us at Phone: +18004190700 or Email us at vfscustomercare@volvo.com

3.     Data protection

VFS is processing personal data about you in the context of the services provided by the Portal.

a.     Identity and contact details of the personal data controller:

                                               i.     “Controller” means that it is Volvo that decides on the purpose and means for the processing of your personal data. VFS is responsible for the processing of your personal data under applicable data privacy laws and regulations. The controller of the personal data is the legal entity mentioned under 1. c.

                                              ii.     If you want more information or have any complaint regarding the processing of your personal data by VFS, please contact us by sending an email to the Data Protection Officer Mrs Debby Nijs Volvo Financial Services Hunderenveldlaan 10 B – 1082 Brussels Belgium (vfs.privacy@volvo.com).

b.     Personal data categories. For the purposes described below under section c we will process the following personal data categories:

                             i.     Contact information: name, telephone number, email, function, position in the company, physical address.

                            ii.     IT related data: data related to the usage of the Portal: IP address, login data, traffic data, region, business area, business unit, device type, browser, entry point, exit point, session time, screen resolution.

                           iii.     Contract & Invoice information such as copies of contracts and invoices.

                          iv.     Vehicle information: VIN, model, truck variants, registration number (license plate).

c.     Purposes of the personal data processing. In order to propose the Portal as a service, we need to process personal data for the following purposes:

                                               i.     Enabling keeping an up-to-date record of customer representatives contact information to have more efficient communication between VFS and its customers

                                              ii.     Enabling the use of the Portal by the creation of user accounts

                                             iii.     Enable the viewing of contract and invoice information of customers

                                             iv.     Enabling promotional communication and marketing (such as the provision of newsletters, information material and promotional and advertising material, invitations to events etc.)

                                              v.     Perform customer service and technical support

                                             vi.     Improvement of the Portal for better customer experience,

                                            vii.     Development of new Portal related features and functionalities

d.     Legal basis for the processing. For the purpose of providing you, with the services offered by the Portal we will process your personal data based upon the legal basis of legitimate business/ legitimate interest and/or based on the need to fulfill any contractual relation we have with you.

e.     Origin of the personal data. By using the Portal, you confirm that you have understood the present Privacy Policy and that you acknowledge we may:

                             i.     Process personal data relating to you (or individuals whose data you have lawfully collected and shared with us) and which you have provided to us (directly or indirectly) or which we have lawfully obtained from a third party for the purposes described above;

                            ii.     Process information about the vehicle(s) which you own, possess or operate and which are financed by us (or in respect of which you wish to obtain financing from us), even if such data constitutes personal data, and whether or not obtained directly by us or from a third party (inside or outside the Volvo Group) for the purposes described above; and

f.       Retention. We, VFS, will keep your personal data as long as required to fulfill the purpose for which the personal data was collected and subsequently, they will be stored for the legally necessary period to attend to responsibilities derived from them.

g.     Sharing of personal data: We, rely on a third party processor to process your personal data on our behalf. This third party processor is a service provider (“Cognizant Worldwide Ltd”) which is only allowed to process your personal data on behalf of VFS upon explicit written instruction of VFS. VFS guarantees that the necessary safeguards are taken to ensure the confidentiality, availability and integrity of your personal data. Likewise, VFS may transfer or otherwise share your data to (a) our affiliates, and/or (b) a third party with whom we do business, and/or (c) any other party that we are required to share the data with (“Data Importer”) and such transfers can be to a third country (inside or outside the EU). With regard to transfers of personal data outside the EU, VFS is committed to taking the appropriate measures to ensure that the relevant Data Importer has adequate protections in place, to the extent required by applicable law, including but not limited to putting in place appropriate Data Transfer Agreements that will include the EU Standard Contractual Clauses, where appropriate.

h.     Your rights as Data subject. You may be entitled, where provided for under applicable data privacy laws and regulations, to:

                                               i.     Access your personal data: this right entitles you to know whether we hold personal data about you and, if we do, to obtain information on and a copy of the specific pieces and categories of personal data

                                              ii.     Receive your personal data in a structured, commonly used and machine readable format

                                             iii.     Rectify your personal data: this right entitles you to have your personal data corrected if it is inaccurate or incomplete

                                             iv.     Delete your personal data: this right entitles you to request the erasure or deletion of your personal data, including where such personal data would no longer be necessary to achieve the purposes

                                              v.     Request the portability of your data: this right entitles you to receive a copy (in a portable and, if technically feasible, readily usable format) of your personal data, or request Volvo to transmit such personal data to another data controller

                                             vi.     Limit the processing of your personal data: this right entitles you to request that Volvo processes your personal data only in limited circumstances, including with your consent.

                                            vii.     Object to the processing of the personal data: this right entitles you to request that Volvo no longer processes your personal data

At all times you can exercise your data subject rights. Please note that VFS may not always be obliged to comply with a request of deletion, restriction, objection or data portability. Assessment may be made on a case by case basis of Volvo’s legal obligations and the exception to such rights. You can find more information on data subject rights and how to exercise them here. You can also file a claim or contact the VFS DPO which contact details are mentioned above under 3. a (ii) of the present document if you consider that the processing of personal data does not comply with current regulations.

i.       Security of personal data. VFS utilizes appropriate and reasonable legal, technical and organizational security measures, including information technology security and physical security measures, to adequately protect personal data.

These measures are appropriate to the risks posed by the processing of personal data and to the sensitivity of the personal data and take into account the requirements of applicable local law. In addition, the measures are continuously improved in line with the development of available security products and services. VFS requires all persons to abide by applicable security policies related to personal data when using VFS or Volvo systems

j.       Applicability of local notice: Please go to VFS website https://www.volvofinancialservices.com/en/select-market.html and select the country where you are based to see if there are particular terms that apply to the processing of personal data in your country. In case of discrepancy between the present terms and the local privacy notice regarding how to exercise your rights and retention times or any specific local requirement, the local privacy notice shall prevail.

4.     Intellectual property rights

This Portal (design, text, content, information, selection and arrangement of elements, organization, graphics, design, compilation) and other matters related to the Portal is the property of VFS and its third party providers ("Intellectual Property Rights"). Your use of the Portal does not grant you a license to the Intellectual Property Rights. Nothing contained in the Portal should be construed as granting any license or right to use any Intellectual Property Rights without VFS’s or the third party rights holder’s written permission.

5.     No warranties - Termination

The Portal is provided on an “as is” and “as available” basis.

No representations or warranties, whether expressed or implied, are made regarding any aspects of the Portal, including but not limited to, (i) implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, or (ii) the accuracy, availability and accessibility of the Portal. Further, Volvo makes no representation or warranty that the Portal will be error-free, free of viruses and other harmful materials, nor that the Portal will operate without interruption.

VFS makes no representations with respect to the accuracy of the data displayed in the Portal. You acknowledge that you already have a copy of your contract(s) and receive your invoices in the contractually agreed way.

The Portal is dependent upon Internet connection. Due to the nature of the Internet, uninterrupted connection cannot be guaranteed and the feature may accordingly be occasionally unavailable due to lost Internet connection. Furthermore, we reserve the right to modify, discontinue, temporarily or permanently cease providing the Portal at any time without prior notice, at our own discretion, or if required by law or by a decision by an authority.

You may terminate the user account by sending a request to the technical support. Your account will be suspended if there is no account activity during 90 days.

The access to the Portal will also terminate and/or be suspended if you fail to comply with any term or condition of these Terms. VFS may terminate and/or suspend the access to the Portal at any time at its sole discretion for any reason or no reason at all.

6.     Indemnification and limitation of liability

To the maximum extent permitted by law you agree to defend, indemnify and hold Volvo, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from and against any and all claims, actions, suits or proceedings, as well as any and all direct and indirect losses, liabilities, damages, costs and expenses (including attorneys’ fees) relating to (i) your use of the Portal, (ii) any non-compliance by you with these Terms and (iii) any non-compliance by you with any applicable privacy laws.

To the fullest extent permitted by law and unless otherwise expressly provided in these Terms, VFS shall have no liability for any damage or loss of any kind caused in connection with your use of the Portal, regardless of how it was caused and whether such damage or loss was foreseeable or not.

This limitation of liability includes but is not limited to liability for any special, indirect, incidental, consequential damage or loss of any kind, regardless of how it was caused and including but not limited to, loss of profit, loss of reputation or goodwill, loss of production, loss of business or business opportunities, loss of revenues or anticipated savings, or loss or corruption of data or information.

7.     Governing law and disputes

These Terms, and any non-contractual obligations arising out of or in connection herewith, shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.

Any dispute, controversy or claim arising out of or in connection with this contract, contractual or non-contractual, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC Institute).

The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.

The place of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English, unless otherwise agreed.