4.1. OUR PROCESSING OF YOUR PERSONAL DATA
4.1.1. PROVISION OF THE GENESIS CONNECTED SERVICES AND LEGAL BASIS FOR PROCESSING OF YOUR PERSONAL DATA
We collect and process your personal data in connection with the Services only insofar as the collection and processing is:
– necessary for the conclusion or performance of contractual requirements. We need to use your personal data to fulfil a transaction that you have entered into or expressed interest in entering into (including the GCS contract). This includes accepting applicable terms and conditions or specific terms related to our Services. If you do not provide your personal data for these purposes, we may not be able to deliver our Services or enter into a contract with you, which could lead to the cancellation of a Service.,
– where required by law or regulatory. We may collect your personal data to comply with any applicable laws and/or regulations,
or
– where it is necessary for the purposes of legitimate interests of us or third parties. We may process your personal data based on our legitimate business interests when we improve and operate our Services, when we detect and prevent fraud and abuse in order to protect the security of our customers, ourselves, or others.
For details on individual Services, please refer to the respective service description in the Genesis Connected Services MEA Terms of Use.
All (personal) data described in Sections 4.2, 4.3, 4.4, 4.5 and their subsections below is collected directly from your vehicle (e.g. its sensors and related applications as made accessible through the infotainment system), or was made available by you through the App (e.g. by entering certain personal data via the App) and is processed in connection with the Services.
The data described in Sections 4.2, 4.3, and 4.4 and their subsections below is required to provide the Services pursuant to the conclusion or performance of contractual requirements, unless stated otherwise below. Without this information, the Services cannot be performed.
Furthermore, we will additionally process your Vehicle Identification number (VIN), the categories of Services that you have activated and the initial activation date. The legal basis is entering into a contract and performing our Services.
4.1.2. PROCESSING FOR OTHER PURPOSES
Apart from the provision of the Services, we will also process your personal data for other purposes as described below.
– Product improvement / development: We will analyse and further improve the Services in order to develop new mobility-related products and/or services, to make our products more secure and/or to improve our Services.
– For these purposes, we automatically analyse the data collected when providing Services based on statistical and mathematical models to identify potential for improvements if you have either activated all Services or selected the “Product/Service Improvement” service category in the privacy settings of your App. More details are provided in Section 4.5.
– The legal basis for any such processing is for legitimate interests of HCMMEA to process your personal data in order to develop and improve our Services.
– Monitoring of products / product liability: In this context, we process your personal data in order to monitor our products, ensure sufficient IT security standards or to defend ourselves or third parties against product liability and other legal claims made with regard to our products and Services.
– Insofar as such processing is not required by law, the legal basis for any such processing is for the legitimate interests of HCMMEA to process your personal data for the purposes as indicated above.
– Fulfilling legal obligations: We process your personal data in order to fulfil various legal obligations, in particular laws applicable to car manufacturers. Examples of such obligations include:
– provision of certain functionalities in the car such as the “eCall”, to the extent available,
– reporting of certain information (i.e. related to the functioning of the intelligent speed assistance – ISA, Driver Control Assistance Systems – DCAS, etc.) to the relevant national authorities;
– provision of information to courts or criminal prosecution authorities based on applicable criminal or administrative laws.
– Other purposes: We process your personal data for other purposes only if we are obliged to do so on the basis of legal requirements, if you have consented to the respective processing or if the processing is otherwise lawful under applicable law.
– If processing for another purpose takes place, HCMMEA will provide you with additional information where appropriate.
4.1.3. NO AUTOMATED DECISION-MAKING
HCMMEA does not engage in automated decision-making including profiling in connection with the Services unless you
4.2. GENESIS ACCOUNT
To use our Genesis Connected Services it is necessary to create a Genesis Account or to log in with an existing Genesis Account. Genesis Account will require your first and last name, phone number, email address, your country and date of birth.
For more information, please refer to the separate Privacy Notice for the Genesis Account which can be accessed here: [web page link to Genesis Account Privacy Notice]
4.3. PROVISION OF GENESIS CONNECTED SERVICES – VEHICLE INFOTAINMENT SYSTEM
4.3.1. Stolen Vehicle Recovery
In the event your Vehicle is reported stolen, we may assist in locating it under the following conditions:
You must file a stolen vehicle report with your local law enforcement authorities. A copy of the filed police or other relevant authorities’ report must be submitted to us for identity verification and confirmation that the Vehicle is officially recognized as stolen by the authorities.
For safety and legal compliance and, in each case, subject to the mandatory provisions of applicable laws, location data related to stolen vehicles will only be shared with the relevant authorities, where required presenting valid court orders or other official documentation required under applicable law, yourself or an authorized user listed on your account (provided that he/she is of legal age) as well as the entities with whom we have contractual relationships for customer and technical support.
Our stolen vehicle tracking services are available for an initial period of seven (7) days. An extension of up to seven (7) additional days may be requested. After this period, we reserve the right to cease further tracking efforts, unless applicable laws prohibit us from doing so.
Stolen Vehicle Recovery services are only available if the Vehicle was subscribed to the Services at the time of the theft and are subject to the conditions outlined in Section 8 regarding Network Availability.
4.3.2. Live traffic: Live traffic information for calculating routes, including precise arrival times and displaying the traffic situation based on your current location (Service may not be available in certain countries)
4.3.3. Live POI: Information on nearby POIs based on your current location
4.3.4. Camera / danger zone alerts (if legally permissible in your country): The system provides alerts in areas where accidents are particularly common and warns you about accident black spots or speed cameras.
The provision of the above Services requires the collection and processing of your Vehicle Identification number (VIN), geolocation data (e.g. GPS coordinates for live traffic information), the Integrated Circuit Card Identifier of your vehicle’s SIM card (ICCID) and a unique request ID for any transaction.
4.3.5. VOICE RECOGNITION
Voice recognition enables you to use spoken commands to access and control the infotainment system and to draft and send text messages via a connected mobile device.
For this function, the following categories of personal data are processed and sent to our GCS cloud environment: voice recording, geolocation data (GPS coordinates), point of interest (POI) and the Cerence user ID.
The latter is a unique ID for registration on the server of Cerence GmbH, Aachen, Germany, our data processor for these specific services.
There is no link between the Cerence user ID and the Vehicle Identification number (VIN) or any other identifiers, which means that Cerence GmbH cannot identify a natural person from the data transmitted to it.
Once you start your vehicle, voice recognition is activated as a presetting in its online mode. We process your personal data for the purpose of performing our Services.
When using online voice recognition, we process your personal data in our GCS cloud environment.
In addition, we collect voice samples and GPS coordinates and store them for up to 90 days in order to perform and improve the voice recognition service.
We process your personal data for the purpose of performing our Services and where related to the improvement of the Services, based on our respective legitimate interests.
When you use the online voice recognition function, your voice samples and GPS coordinates are processed by our service provider Cerence GmbH, Aachen, Germany (data processor) and its sub-processors, which may be located in countries outside the jurisdiction in which you reside and may not provide for an adequate level of data protection.
You can deactivate online voice recognition and use the voice recognition services in an offline mode where no data is transmitted outside of your vehicle.
If you do not want us to process your voice samples and GPS coordinates, you can use offline voice recognition, which does not use your voice samples and GPS coordinates to improve the voice recognition service.
4.3.6. VEHICLE DIAGNOSTICS
Vehicle diagnostics gathers active trouble codes (i.e. the vehicle’s error messages) from all control units integrated in your vehicle together with the Vehicle Identification number (VIN).
The active trouble codes and VIN will be sent to our server for further analysis.
In the Vehicle diagnostics section of the infotainment system, you can view all active trouble codes for your vehicle.
We use this data to provide you with information concerning whether there is an issue with your vehicle.
We process your personal data for Vehicle diagnostics for the purpose of performing our Services.
To the extent that we are required to do so by law, we process your aforementioned personal data for monitoring the products and to comply with product security requirements
For information on the processing of the above data for the improvement and development of the products, see also Section 4.5 below.
4.3.7. CONNECTED ROUTING
Connected Routing allows more accurate traffic forecasting, more precise times of arrival and more reliable route recalculations by processing the relevant data on our GCS cloud environment instead of only on your infotainment system.
For this function, the following categories of personal data are processed and sent to our GCS cloud environment: your Vehicle Identification number (VIN), geolocation data (GPS coordinates) and navigation data (e.g. real-time traffic; pattern of traffic information).
We process your personal data for the purpose of performing our Services.
4.3.8. OTA (OVER-THE-AIR) UPDATE
OTA updates allow you to receive wireless (“over-the-air”) software updates (“OTA updates”) for the vehicle system as well as the map and infotainment system.
Your infotainment system will regularly check whether new software versions are available and automatically download any available software updates to your vehicle and prepare the respective installation.
You can choose whether you want to complete the OTA Update now or later.
However, if you turn off OTA updates, your vehicle or the services provided (such as security-related systems, infotainment system, GCS) may not function properly.
4.3.8.1. VEHICLE SYSTEM OTA UPDATE
We may provide you with OTA updates concerning the vehicle system for various reasons and purposes, in particular to remedy a defect within the warranty period, within the scope of the manufacturer’s guarantee or for other security-related reasons.
In this we will also ensure an efficient deployment and monitoring of OTA updates concerning the vehicle system.
For this purpose, the following categories of personal data are processed and sent to our GCS cloud environment: your Vehicle Identification number (VIN), usage history (OTA Update), diagnostic information (error codes, OTA result, software recovery result) and software version information (electronic control unit).
We process your personal data for the purpose of complying with the legal obligations of the vehicle manufacturer (e.g. in the area of product safety requirements)) as well as for performing our Services, and based on our legitimate interest to effectively steer our OTA update processes.
4.3.8.2. INFOTAINMENT OTA UPDATE
Infotainment OTA update enables you to receive the latest maps and infotainment software updates for your vehicle.
For this function, the following categories of personal data are processed and sent to our GCS cloud environment: your Vehicle Identification number (VIN), head unit manufacturer, head unit model, head unit firmware version, head unit system version, mobile network operator, vehicle model name, vehicle model year, vehicle region and your selected language.
We process your personal data for the purpose of performing our Services.
4.3.9. NOTIFICATION CENTRE
The Notification Centre allows us to send you important information about your vehicle.
We will use this service only for important information. The information will appear as a pop-up in the infotainment system of your car.
For this function, the following categories of personal data are processed: read status; reading time.
We process your personal data for the purpose of performing our Services.
4.3.10. LIKE FEATURE
The like feature for USB music allows you to select and create a playlist with your favourite songs.
You can like or unlike songs via the “thumbs-up” or “thumbs-down” button integrated in the music function of the infotainment system.
For this function, the following categories of personal data are processed: the name of the song, artist and album, the like/unlike information, VIN, location information (GPS), ambient air temperature, vehicle speed, weather (based on your current location) and time information.
We process the personal data to perform our Services.
We process the personal data for product improvement and development.