Go to content

UVO Connect Legal Documents

Bruksvilkår – KIA-konto

  • 1. Innledning

    1.1. KIA ønsker å tilby deg tjenester for å gjøre KIA opplevelsen din så trygg, enkel og hyggelig som mulig. Derfor introduserer KIA en konto ("KIA-konto"), som kan brukes til å benytte tjenester levert av KIA og/eller eksterne selskaper. Disse tjenestene inkluderer onlinetjenester, apper og andre programvaretjenester.

    1.2. Ved spørsmål om din KIA-konto kan du kontakte kundesenteret vårt: +47 679 70 700.

  • 2. Bruksvilkår

    2.1. Ved å merke en boks i akseptprosessen, godtar du disse Bruksvilkårene og inngår en avtale med Kia UVO Connected GmbH, Theodor-Heuss-Allee 11, 60486 Frankfurt, Tyskland (heretter kalt "KIA", "vi", “oss” eller "vår") om opprettelse og bruk av en unik KIA-konto (som beskrevet nærmere i punkt 3 nedenfor) for tilgang og/eller styring av de tilknyttede tjenestene, som er nærmere beskrevet i og er underlagt "Spesielle Bruksvilkår". Slike Spesielle Bruksvilkår kan begrense bruken av tjenestene og/eller kreve at din KIA-konto er koblet til en eller flere KIA kjøretøy. I tilfelle konflikt mellom disse Bruksvikårene og de gjeldende Spesielle Bruksvilkårene, gjelder de Spesielle Bruksvilkårene.

    2.2 Du har kun lov til å benytte KIA-kontoen dersom du er myndig.

    2.3 Hvis enheten din ikke er utstyrt med de nødvendige tekniske funksjonene, eller hvis de ikke oppfyller kravene i disse Bruksvilkårene, er vi ikke forpliktet til å gi deg en KIA-konto.

    2.4 Bruken av KIA-kontoen kan kreve internettilgang eller andre telekommunikasjonstjenester. Disse Bruksvilkårene gjelder ikke for telekommunikasjonstjenestene som kan være nødvendig for å bruke din KIA-konto. Disse er underlagt en separat avtale (inkludert avgifter) hos leverandøren av dine telekommunikasjonstjenester.

  • 3. KIA-konto

    3.1 Du kan bare bruke tjenestene sammen med din KIA-konto. En KIA-konto er en unik, personlig og ikke-overførbar konto hvor KIA gir deg tilgang til bestemte tjenester.

    3.2 Bruken av KIA-kontoen er gratis.

    3.3 For å få tilgang til visse tjenester, må du koble din KIA-konto til et eller flere KIA kjøretøy. Dette er angitt i gjeldende Spesielle Bruksvilkår.

    3.4 Informasjonen du gir ved opprettelsen av en KIA-konto skal være nøyaktig. Opplysningene som samles inn i forbindelse med din KIA-konto inneholder: navnet ditt, epostadressen din, fødselsdatoen din, telefonnummeret ditt, passordet, det faktum at du har akseptert disse Bruksvilkårene, PIN-kode, bil-ID og aktiveringskode.

    3.5 KIA-kontoen din skal opprettes for bruk i samsvar med disse Bruksvilkårene. Hvis nødvendig vil vikontakte deg vedrørende din KIA-konto på den epostadressen du oppgav da du registrerte KIA-kontoen din.

  • 4. Endringer i Bruksvilkårene

    Vi kan fra tid til annen foreta rimelige endringer i disse Bruksvilkårene eller i funksjonene til KIA-kontoen. Du vil bli varslet om slike endringer via epost aller i en annen form for melding. Hvis du ikke motsetter deg endringene skriftlig (for eksempel epost, faks) innen 4 uker etter mottak av 2 varselet, vil endringene anses som akseptert. Vi vil uttrykkelig varsle deg om retten til å avslå og konsekvensene av passivitet.

  • 5. Bruksbegrensninger

    5.1 Du må ikke bruke KIA-kontoen din i strid med bestemmelsene i disse Bruksvilkårene.

    5.2 idere må du ikke bruke KIA-kontoen din på en måte som bryter med gjeldende lover eller forskrifter, som for eksempel immaterielle rettigheter eller trafikkregler. Bruk som truer sikkerhetentil KIA-kontoen, samt en bruk som kan skade eller svekke KIAs eller en tredjeparts tekniske infrastruktur eller andre kunders bruk av KIA-konto er også forbudt. I tillegg må du ikke skade, deaktivere eller på annen måte forstyrre KIA-kontoen eller påføre KIA-kontoen noen form for virus, "ormer", skadelig programvare, spionprogrammer, "trojanere" eller annen skadelig kode eller program som kan kompromittere driften av KIA-kontoen.

    5.3 in KIA-konto krever et passord. Du må velge et passord som er tilstrekkelig sikkert overfor tredjeparter. Vi kan gi regler om hva som skal regnes som et tilstrekkelig sikkert passord. Du er ansvarlig for å holde passordet ditt hemmelig og ikke gi det til en tredjepart. Hvis du mistenker at en tredjepart har fått uautorisert tilgang til passordet ditt, skal du umiddelbart endre passordet. Hvis du mistenker at en tredjepart har fått uautorisert tilgang til KIAs tjenester gjennom KIA-kontoen din, skal du umiddelbart kontakte vår kundeservice (se punkt 1.2).

  • 6. Opphavsrett

    6.1 Hele innholdet av KIA-konto er eiendommen til KIA, eller KIAs direkte eller indirekte datterselskaper eller tilknyttede selskaper (heretter i felleskap omtalt som "KIA-konsernet") eller tredjeparter, og er beskyttet av gjeldende opphavsrettslovgivning med forbehold om alle rettigheter. Alle rettigheter til KIA-konto, underliggende programvare, innhold og opplegg eies av KIA-konsernet og deres lisensgivere. Du må ikke selge, distribuere, utgi, kringkaste, sirkulere eller kommersielt utnytte KIA-konto på noen måte uten vårt uttrykkelige skriftlige samtykke. Du må ikke reprodusere (helt eller delvis), overføre (ved elektroniske midler eller på annen måte), modifisere, vise, videreføre, lisensiere, lenke eller på annen måte benytte KIA-konto for noe offentlig eller kommersielt formål uten vår forutgående tillatelse.

    6.2 Ingen deler av disse Bruksvilkårene skal forstås som å gi en lisens eller rett til å bruke noe bilde, varemerke, KIA eller logo, som alle er eiendommen til KIA-konsernet. KIA-konsernet forbeholder seg alle rettigheter til sin informasjon eller sitt materiale i forbindelse med KIA-kontoen, og vil håndheve slike rettigheter fullt ut i henhold til gjeldende opphavsretts- og varemerkelovgivning.

  • 7. Brukerinnhold

    KIA krever ikke eierskap til innhold du gjør tilgjengelig via din KIA-konto, og ingenting i disse Bruksvilkårene begrenser dine rettigheter til å bruke slikt innhold.

  • 8. Ansvar

    8.1 KIAs erstatningsansvar etter avtale eller lov for skader som skyldes simpel uaktsomhet skal, uavhengig av rettsgrunnlag, være begrenset som følger:

    a) KIAs ansvar skal være begrenset til påregnelig tap under slike kontrakter, forårsaket av brudd på vesentlige kontraktsforpliktelser;

    b) KIA skal ikke være ansvarlig for uaktsomme brudd på sideforpliktelser.

    8.2 De ovennevnte ansvarsbegrensningene gjelder bare så langt de ikke er i strid med ufravikelige erstatningsregler, herunder ansvar under den tyske produktansvarsloven (Produkthaftungsgesetz), og ansvar for uaktsomme personskader. I tillegg skal slike ansvarsbegrensninger ikke få anvendelse hvis, og i den utstrekning, KIA har påtatt seg et særskilt garantiansvar.

    8.3 Punktene 8.1. og 8.2. ovenfor gjelder tilsvarende for KIAs ansvar for bortkastede utlegg.

    8.4 Du er forpliktet til å gjøre rimelige tiltak for å forhindre og begrense tapet.

  • 9. Personvern

    For informasjon om hvordan vi samler inn og behandler personopplysninger i forbindelse med KIA-konto, vennligst se vår Personvernerklæring - KIA-konto. Særskilte opplysninger om behandling av personopplysninger for andre tjenester enn KIA-konto finner du i personvernerklæringen for den respektive tjenesten

  • 10. Avtaleperiode

    10.1 Du kan bruke KIA-kontoen fra den dagen du registrerte deg for din KIA-konto.

    10.2 Du kan når som helst slutte å bruke din KIA-konto. I slike tilfeller vil disse bruksbetingelsene ikke lenger gjelde..

    10.3 Vi forbeholder oss retten til permanent eller midlertidig å blokkere og/eller tilbakekalle bruken av din KIA-konto ved vesentlige brudd på disse Bruksvilkårene, og, ved vesentlige brudd på disse Bruksvilkårene, å si opp Bruksvilkårene.

  • 11. Eventuelt

    11.1 Disse Bruksvilkårene utgjør hele avtalen mellom partene for bruken av KIA-kontoen, og erstatter alle tidligere avtaler, skriftlige eller muntlige, mellom partene om ovennevnte.

    11.2 Avvikende, motstridende eller supplerende vilkår for Brukeren skal bare gjelde for bruken av KIA-kontoen dersom dette er uttrykkelig og skriftlig akseptert av oss.

    11.3 Vi har rett til å overdra våre rettigheter og plikter etter denne avtalen i sin helhet eller delvis til en annen tjenestetilbyder med å gi 6 ukers varsel til Brukeren. I et slikt tilfelle, skal Brukeren imidlertid ha rett til å si opp avtalen innen en måned etter mottak av det skriftlige varselet, som får virkning på tidspunktet for den planlagte overdragelsen av avtalen til selskapet som overtar i KIAs sted i avtalen. Vi skal uttrykkelig informere Brukeren om denne retten til oppsigelse i det skriftlige varselet.



Personvernerklæring - KIA-konto



For å gi deg alle funksjonene tilhørende din KIA-konto, må KIA behandle visse opplysninger.

1. Behandlingsansvarlig

Kia UVO Connected GmbH, en tysk juridisk enhet med kommersielt registreringsnummer HRB 112541 og med offisiell forretningsadresse Theodor-Heuss-Allee 11, 60486 Frankfurt, Tyskland, heretter "KIA", "vi" eller "oss", er ansvarlig for behandlingen av alle personopplysningene som forklart over.

2. Kontaktdetaljer

Hvis du har noen spørsmål etc. om eller i forbindelse med denne Personvernerklæringen, eller ønsker å klage vedrørende vår behandling av personopplysningene dine eller om utøvelsen av rettighetene dine (se punkt 8 under), kan du kontakte oss ved å benytte ovennevnte kontaktdetaljer eller:

Kia UVO Connected GmbH
E-postadresse: info@kia-uvo.eu
Telefon: +47 679 70 700

Alternativt kan du også kontakte vårt Personvernombud:

E-post: dpo@kia-uvo.eu
Postadresse: Data Protection Officer, Theodor-Heuss-Allee 11, 60486 Frankfurt am Main

3. Formål og behandlingsgrunnlag

Vi behandler personopplysningene dine som du oppgir i forbindelse med registrering av KIA-kontoen din og ved den videre bruk av kontoen din. Formålet med behandlingen vår er å administrere KIA-kontoen din (fra logging frem til en mulig avslutning av KIA-kontoen din), for å gi deg tilgang til alle KIA-kontofunksjonene, for å sikre og gi deg tilgang til våre tjenester som forutsetter en KIA-konto, og å varsle deg om oppdateringer av KIA-kontoen din.

Rettsgrunnlaget for vår behandling av personopplysningene dine er det forhold at denne behandlingen kreves for oppfylling av vår kontrakt med deg vedrørende din KIA-konto, (Artikkel 6(1)(b) i EUs personvernforordning (GDPR) eller basert på KIAs berettigede interesser (Artikkel 6(1)(f) GDPR.

Annen databehandling vedrørende særskilte telematikktjenester vil skje i henholdt til særskilte personvernerklæringer for den respektive tjenesten(e).

Vi gjør oppmerksom på at vi kun vil behandle personopplysningene dine for andre formål dersom vi er forpliktet til å gjøre dette på grunn av rettslige forpliktelser (f.eks. overføring til domstoler eller påtalemyndigheter), hvis du har samtykket til den aktuelle behandlingen, eller om behandlingen på annen måte er tillatt under gjeldende lovgivning. Hvis behandling foretas for andre formål, kan vi gi deg ytterligere informasjon.

4. Kategorier av personopplysninger

Opplysninger som samles inn i forbindelse med din KIA-konto inkluderer navnet ditt, e-postadressen din, fødselsdatoen din, mobilnummeret ditt, passordet ditt, at du har akseptert brukervilårene, PIN kode, bil ID og aktiveringskode.

5. Mottakere og Kategorier av mottakere av personopplysninger

Enhver tilgang til personopplysningene dine hos KIA er begrenset til de personer som må ha tilgang for å gjennomføre arbeidsoppgavene sine.

Personopplysningene dine kan bli behandlet for de formål og av mottakere og kategoriene av mottakere som angitt nedenfor:

Private tredjeparter – Tilknyttede eller ikke-tilknyttede private selskaper, som alene eller sammen med andre bestemmer formålene med behandlingen av personopplysninger og hvilke midler som skal benyttes.

Databehandlere – Enkelte tredjeparter, enten tilknyttet eller ikke-tilknyttet, kan motta personopplysningene dine for å behandle slike opplysninger på vegne av KIA etter instruks, som nødvendig for de respektive formålene for behandlingen. Databehandlerne er underlagt avtaleforpliktelser om å implementere egnede tekniske og organisatoriske sikkerhetstiltak for å beskytte personopplysningene, og til kun å behandle personopplysningene som instruert.

Databehandleren for KIA-konto er Hyundai Autoever Europe GmbH, Kaiserleistraße 8a, 63067 Offenbach am Main, Tyskland.

Offentlige myndigheter, domstoler, eksterne rådgivere, og lignende tredjeparter som er offentlige instanser, som påkrevd eller tillatt etter gjeldende rett.

6. Overføring av opplysninger til utlandet

Enkelte av mottakerne av personopplysningene dine vil være lokalisert eller vil utføre relevante operasjoner utenfor ditt hjemland og EU/EØS, f.eks. i Sør-Korea, hvor personvernlovgivningen kan gi et annet beskyttelsesnivå sammenlignet med lovene i din jurisdiksjon og hvor en beslutning om tilstrekkelig beskyttelsesnivå fra EU-kommisjonen ikke foreligger. For overføring til slike mottakere utenfor EU/EØS gir vi nødvendige garantier, særlig ved å inngå dataoverføringsavtaler som vedtatt av EU-kommisjonen (f.eks. Standard Personvernbestemmelser (2010/87/EU og/eller 2004/915/EF)) med mottakerne, eller gjør andre tiltak for å sikre et tilstrekkelig beskyttelsesnivå for personvern. En kopi av de aktuelle tiltakene vi har gjennomført er tilgjengelig hos vårt Personvernombud (se 2 ovenfor).

7. Oppbevaringsperiode

Personopplysningene dine oppbevares av oss og/eller våre tjenestetilbydere i den utstrekning det er nødvendig for å gjennomføre våre forpliktelser, og for det tidsrom det er nødvendig for å oppnå formålene som personopplysningene samles inn for, i overenstemmelse med gjeldende personvernlovgivning. Når vi ikke lenger har behov for å behandle personopplysningene dine, vil vi slette dem fra våre systemer og/eller arkiver og/eller gjøre egnede tiltak for å anonymisere opplysningene slik at du ikke lenger kan bli identifisert av dem (med mindre vi må beholde opplysningene dine for å oppfylle rettslige eller myndighetspålagte forpliktelser som påhviler oss; f.eks. kan personopplysninger i avtaler, kommunikasjon, og forretningsbrev være underlagt lovpålagte oppbevaringsplikter som kan kreve oppbevaring i opptil 10 år). Hvis det er aktuelt, vil alle andre personopplysninger i prinsippet bli slettet 5 år etter at det respektive kontraktsforholdet mellom deg og oss er avsluttet.

8. Dine rettigheter

Hvis du har avgitt samtykke til behandling av noen av personopplysningene dine, kan du når som helst trekke samtykket ditt med effekt for fremtiden. Slik tilbaketrekking vil ikke påvirke lovligheten av behandlingen før samtykket ble trukket tilbake.

I henhold til gjeldende personvernlovgivning kan du ha rett til: å be om innsyn i personopplysningene dine, be om retting av personopplysningene dine, be om sletting av personopplysningene dine, be om begrensning av behandlingen av personopplysningene dine, be om dataportabilitet, og protestere mot behandlingen av personopplysningene dine.Vennligst merk at de ovennevnte rettigheter kan være begrenset under gjeldende nasjonal personvernlovgivning.

I tillegg har du rett til å klage til relevant tilsynsmyndighet for personvern. For å utøve dine rettigheter, ber vi deg vennligst kontakt oss som angitt i 2 ovenfor.

8.1 Rett til innsyn: Du kan ha rett til å få vår bekreftelse på om vi behandler personopplysninger om deg eller ikke, og dersom dette er tilfellet, kan du be om innsyn i personopplysningene. Ditt innsyn omfatter – blant annet – formålene med behandlingen, de berørte kategoriene av personopplysninger, og mottakerne eller kategoriene av mottakere som personopplysningene er blitt eller vil bli utlevert til. Dette er imidlertid ikke en absolutt rettighet, og andre individers rettigheter kan begrense retten din til innsyn.

Du kan ha rett til å motta en kopi av personopplysningene som behandles. For ytterligere kopier du ber om, kan vi kreve et rimelig gebyr basert på våre administrasjonskostnader.

8.2 Rett til retting: Du kan ha rett til å få uriktige personopplysninger om deg selv rettet av oss. Idet det tas hensyn til formålene med behandlingen, kan du ha rett til å få ufullstendige personopplysninger komplettert, herunder ved å fremlegge en supplerende erklæring.

8.3 Rett til sletting ("retten til å bli glemt"): Under visse omstendigheter kan du ha rett til å fåoss til å slette personopplysninger om deg, og vi kan ha plikt til å slette slike personopplysninger.

8.4 Rett til begrensning av behandling: Under visse omstendigheter kan du ha rett til å få oss til å begrense behandlingen av personopplysningene dine. I slike tilfeller vil de aktuelle personopplysningene bli merket, og de vil bare kunne bli behandlet av oss for bestemte formål.

8.5 Rett til dataportabilitet: Under visse omstendigheter kan du ha rett til å motta personopplysningene om deg selv, som du har gitt til oss, i et strukturert, alminnelig anvendt og maskinlesbart format, og du kan ha rett til å overføre nevnte personopplysninger til en annen enhet uten hinder av oss.

8.6 Rett til å protestere:Under visse omstendigheter kan du ha rett til å protestere, av grunner knyttet til din særlige situasjon til enhver tid, mot vår behandling av personopplysningene dine og vi kan være forpliktet til ikke lenger å behandle personopplysningene dine. Dessuten, hvis personopplysningene dine behandles med henblikk på direkte markedsføring, har du rett til å protestere til enhver tid mot behandlingen av personopplysningene dine for slik markedsføring, herunder profilering i den grad dette er knyttet til slik direkte markedsføring. I slike tilfeller vil ikke personopplysningene dine lenger behandles for slike formål av oss.


v08-08-2019



Kia UVO
Bruksvilkår – Hovedenhet

1. Scope

These terms of use ("Terms of Use") apply to the use of Kia UVO and Kia Live via the vehicle's head unit ("Services") provided by Kia UVO Connected GmbH, registered under the registration number HRB 112541, Theodor-Heuss-Allee 11, 60486 Frankfurt am Main, phone: +44 333 202 299 0, email: info@kia-uvo.eu ("Kia"; "we"; "us"; "our") to the user of the Services ("User" or "You"). If you have any questions about or in connection with this Terms of Use, you may contact our customer call centre:

Kia UVO Connected GmbH
Email: info@kia-uvo.eu
Ordinary mail: Theodor-Heuss-Allee 11, 60486 Frankfurt am Main
Phone: +44 333 202 299 0

2. Use of the Services

2.1. To use the Services the User does not need to sign up. For information regarding the related data collected and the processing thereof please refer to our Privacy Notice - Head Unit.

2.2. The purchase agreement on the vehicle and the agreement concerning the provision of the Services in accordance with the Terms of Use are legally separate business transactions and agreements. The performance of one of the agreements shall have no implications on the respective other agreement. In certain circumstances, this may result in the User fulfilling the purchase agreement on the vehicle without being able to use the Services. In the opposite case, e.g. in the case of reverse transaction of the purchase agreement for the vehicle, the agreement for the provision of the Services for the vehicle concerned may be terminated according to section 9.4.

2.3. All agreements between Kia and the User are concluded in the local language version and English language. After the conclusion of the respective agreement the text of the agreement will be provided to the User and is then stored by us but will no longer be accessible to the User, except upon request of the User.

3. Services

3.1. The Services comprise the following individual services which are described in more detail in the service descriptions of the respective service and which are hereby incorporated into these Terms of Use:

a) Kia Live
Kia Live enables the User to access the following functions:
• Traffic: Live traffic information to calculate routes and display traffic situation; Online Navigation enables the User to navigate to their desired destination based on the combination of real-time traffic data and historical traffic information.
• Live point of interest (POI): Information on nearby POI based on current position;
• Weather: Local weather information;
• Parking: On and Off Street parking information based on current position, nearby destination, nearby scrolled mark, nearby city center;
• EV POI (only for electric vehicles and plug-in hybrid electric vehicles): Information on nearby charging stations including availability status based on current position;
• Dealer POI: Kia dealer location information based on nearby current position; and
• 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.

b) Online Voice Recognition
Online Voice Recognition enables the User to use spoken commands to access and control the Services and draft and send text messages via a connected mobile device. Online Voice Recognition is operated in an online environment. Voice samples and GPS data of the User will be collected and stored in order to perform and improve the Online Voice Recognition service.

3.2. Some of the Services are provided with the help of subcontractors.

3.3. The following Services require the collection and processing of location data (GPS data): Kia Live and Online Voice Recognition. Without the collection and processing of location data the respective Service(s) cannot be provided/used.

3.4. We will further analyse and improve the Services to develop new mobility and mobility related products and/or services, to secure our products and/or to improve our services. For these purposes, we automatically analyse the data based on statistical and mathematical models to identify potential for improvements.

4. Copyright

4.1. The entire content of the Services is the property of Kia, its direct or indirect subsidiaries or affiliated companies (hereinafter referred to collectively as "Kia Group") or third parties and is protected by applicable copyright law with all rights reserved. All rights in the Services, the underlying software, the content and arrangement are owned by Kia Group and its licensors. You must not sell, distribute, publish, broadcast, circulate or commercially exploit the Services in any manner without our express written consent. You may not reproduce (in whole or part), transmit (by electronic means or otherwise), modify, display, redeliver, license, link or otherwise use the Services for any public or commercial purpose without our prior permission.

4.2. Nothing in these Terms of Use shall be construed as granting a licence or right to use any image, trade mark, service mark or logo, all of which are the property of Kia Group. Kia Group reserves all rights with respect to its proprietary information or material in connection with the Services and will enforce such rights to the full extent of applicable copyright and trade mark law.

5. User Obligations

5.1. You are obligated to comply with applicable law and respect the rights of third parties when using the Services.

5.2. In addition, You must not misuse the Services and abide by the obligations set out as follows: a) You must not use the SIM card used for the provision of the Services: (a) for the transmission of voice (including VOIP); (b) to access a publicly addressable destination (i.e. public IP address) including through the use of a proxy, gateway or routing; (c) in any way that attempts to penetrate security measures whether or not the intrusion results in the corruption or loss of data; (d) in any way that uses the Services or software related to internet relay chat, peer to peer file sharing, bit torrent, or proxy server network; (e) in a way that involves spamming, the sending of bulk unsolicited emails or commercial messages or maintaining an open SMTP relay; or (f) in any way that causes the network to be impaired. b) You must not publish any results of any benchmark or performance tests of the SIM card, the network, the Services, or component thereof to any third parties. c) To the extent You use the SIM card for the provision of the Services, we need to inform You about the following: The 4G/LTE services (provided by an external service provider) are only available on compatible devices (i.e. the head unit) which support the particular 4G/LTE frequency of the specific roaming network. Where 4G/LTE services cannot be provided, 2G or 3G services will be provided subject to the availability of, and compatibility of the head unit with, such networks.

6. Free Services

The Services are provided free of charge for a period of 7 years commencing on the day the vehicle is sold to the first owner of the vehicle, i.e. the point in time the initial purchase agreement becomes effective. We reserve the right to propose additional services in the future subject to separate terms of use.

7. Uptime

7.1. We reserve the right to temporarily or permanently deactivate access to the Services in whole or in part for technical and security reasons (e.g. in the event of gaps in security) and other important reasons.

7.2. The provision and use of the Services may be subject to restrictions with regard to the current state of the art beyond the scope of our control. This relates in particular to the availability of the data connections provided by carriers. In individual cases, the non-availability of the network can lead to the Services not being available as the necessary data transfer cannot occur. In addition, short-term capacity bottlenecks can arise from peak loads on the Services, wireless and fixed networks and on the Internet.

7.3. Disruptions can also arise due to force majeure, including pandemic and epidemic diseases, strikes, lockouts and official orders, and on account of technical and other measures (e.g. repairs, maintenance, software updates, and extensions) necessary on our systems or those of downstream or upstream providers, content providers and network operators, which are necessary for the proper or improved performance of the Services.

7.4. Where access to the Services is deactivated, restricted or disrupted as described in this Section 7, to the extent possible we will contact you in advance to inform you of this and give a reason for the deactivation, restriction or disruption.

8. Data Protection

8.1. For information on how we collect and process personal data in connection with the provision of the Services please refer to our Privacy Notice - Head Unit.

8.2. The User shall inform any other user/driver of the vehicle that the Services are activated. The User shall in particular inform such other user/driver about the data processing activities described in the Privacy Notice - Head Unit and the fact that the Services require the collection and processing of location data (GPS data).

9. Term, Termination

9.1. The right to use the Services commences on the day the vehicle is sold to the first owner of the vehicle, i.e. the point in time the initial purchase agreement becomes effective, and automatically expires after 7 years.

9.2. The agreement concerning the provision of the Services and thereby the right to use the Services can be terminated by You at any time with 6 weeks’ notice, to the end of a calendar quarter.

9.3. Either party's right to terminate for good cause remains unaffected.

9.4. Furthermore, in the event of the reversal of the purchase agreement for a vehicle, the reacquisition or other withdrawal of the vehicle by the relevant dealer, in the event of the termination of a leasing agreement, in case of sale of the vehicle to a third party, in case of theft, as well as in the event of total damage beyond repair, each party shall be entitled to the termination of the Services with regard to the vehicle concerned. The termination shall become valid as soon as one party receives the notice of termination. In case of sale or transfer of possession of the vehicle to a third party, the User shall delete the data stored in the vehicle.

9.5. We reserve the right to temporarily or permanently block and/or revoke the use of the Services in case of material breach of these Terms of Use and, in case of material breach by the User of these Terms of Use, to terminate the contract.

10. Changes to the Terms of Use

10.1. Kia reserves the right to make reasonable changes to the Terms of Use and/or to the Services. The User will be notified by us about any changes to these Terms of Use and/or the Services. If the User does not reject to those changes in text form (e.g. email, fax) within 4 weeks after receipt of the notification, the changes are deemed to be agreed. We will expressly notify the User about the right to reject and the consequences of being silent.

10.2. If the User rejects, we reserve the right to terminate any right to use the affected Service(s) with 6 weeks’ notice, to the end of a calendar quarter.

11. Miscellaneous

11.1. These Terms of Use are the entire agreement of the parties with respect to the subject matter of the use of the Services and supersedes all prior agreements, written or oral, between the parties with respect to the subject matter.

11.2. Deviating, conflicting or supplementing terms and conditions of the User shall only govern the use of the Services if explicitly accepted by us in writing.

11.3. Any amendments and additions to the Terms of Use as well as notifications necessary for their execution require text form (including email, fax) to be effective. The text form requirement can only be overruled in text form.

11.4. We are entitled to assign our rights and duties under this agreement either in full or in part to another service provider by providing 6 weeks’ notice to the User. In this case, however, the User shall be entitled to terminate the agreement within one month after receipt of the written notification effective at the time of the intended assignment of the agreement to the company which is taking over the place of Kia in the agreement. We shall expressly inform the User of this right of termination in the written notification. For the avoidance of doubt, this right is without prejudice to your right to terminate the Terms of Use and thereby the right to use the Services at any time upon 6 weeks’ notice as stipulated in Section 9.2.

12. Customer Service / Complaints

12.1. Users may use the contact details set out in Section 1 above in case of questions or complaints.

12.2. The European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out-of-court, available at http://ec.europa.eu/consumers/odr/. Kia does not and is not obligated to participate in alternative dispute resolution procedures before an alternative dispute resolution entity for consumers.

13. No right of withdrawal

The User does not have a right of withdrawal. This applies even in case the User is a consumer, because the Services are provided free of charge.

14. Liability

The following liability applies to You as per country in which You have your habitual residence.

Austria

Kia shall not be subject to any liability other than (1) liability for gross negligence or intent and (2) liability for culpably caused bodily harm or death.

Belgium

14.1 To the fullest extent permitted by applicable law, Kia’s contractual and extra-contractual liability shall, irrespective of its legal ground (whether on warranty, contract, tort, negligence or otherwise, including for latent/hidden defects), for losses and damages arising out of or in connection with the provision of the Services or any delay or interruption in the provision of the Services, be limited as follows:

(i) Kia shall be liable up to the amount of foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
(ii) Kia shall not be liable due to a breach of any non-material contractual obligations nor for any slightly negligent breach of any other duty of care applicable; and
(iii) Kia shall not be liable for any special, indirect or consequential damages, including, but not limited to, loss of use, of data, of profits, of savings, of opportunity, of goodwill, as well as for third parties claims (even if Kia has been advised of the possibility of such damage) .

14.2 The aforesaid limitations of liability do not apply to (i) any mandatory statutory liability (such as liability for defective products), (ii) liability for personal injuries or death caused by any act or omission of Kia, (iii) any liability for fraud or gross negligence, or (iv) any other liability which cannot be limited or excluded by law. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.

Czech Republic

14.1 Kia's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows:

a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of agreement due to a breach of contractual obligations;
b) Kia shall not be liable for any indirect damage which may result from the use of the Services.

14.2. The aforesaid limitations of liability shall not apply to mandatory statutory liability, in particular to liability for gross negligence or wilful misconduct, harm caused to the natural rights of an individual or to liability for defective products. In addition, such limitations of liability shall not apply with respect to weaker parties in the meaning of Section 433 (2) of the Czech Civil Code and if and to the extent Kia has assumed a specific guarantee.

14.3. Sections 14.1 and 14.2 apply accordingly for Kia's liability for wasted expenditures.

14.4. The User is obliged to take reasonable efforts for the prevention and minimization of damages.

France

14.1. Kia's contractual liability for damages caused by slight negligence shall be limited as follows:

a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of agreement due to a breach of contractual obligations;
b) Kia shall not be liable for any indirect damage which may result from the use of the Services;
c) Kia shall not be liable for any damage caused by a force majeure event (i.e. an event beyond Kia's control and which could not reasonably have been foreseen at the time of conclusion).

14.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for gross negligence and/or wilful misconduct, liability for defective products, and liability for personal injuries. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.

14.3. Sections 14.1 and 14.2 apply accordingly for Kia's liability for wasted expenditures.

Germany

14.1. Kia's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows:

a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of agreement due to a breach of material contractual obligations;
b) Kia shall not be liable for the slightly negligent breach of any other applicable duty of care.

14.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for the wilful misconduct, liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.

14.3. Sections 14.1 and 14.2 apply accordingly for Kia's liability for wasted expenditures.

14.4. The User is obliged to take reasonable efforts for the prevention and minimization of damages.

Hungary

14.1 To the fullest extent permitted by applicable law, Kia’s contractual and extra-contractual liability shall, irrespective of its legal ground (whether on warranty, contract, tort, negligence or otherwise, including for latent/hidden defects), for losses and damages arising out of or in connection with the provision of the Services or any delay or interruption in the provision of the Services, be limited as follows:

(i) Kia shall be liable up to the amount of foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
(ii) Kia shall not be liable due to a breach of any non-material contractual obligations nor for any slightly negligent breach of any other duty of care applicable; and
(iii) Kia shall not be liable for any special, indirect or consequential damages, including, but not limited to, loss of use, of data, of profits, of savings, of opportunity, of goodwill, as well as for third parties claims (even if Kia has been advised of the possibility of such damage) .

14.2 The aforesaid limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee. Nothing in these Terms of Use will limit or exclude Kia's liability for (i) death or personal injury resulting from Kia's negligence or the negligence of Kia employees or agents; (ii) wilful misconduct; (iii) breach of obligations deriving from public order rules; and (iv) any other case where Kia's liability may not be limited or excluded under applicable law.

Italy

14.1. Kia's liability for damages caused by slight negligence shall be limited as follows:

a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
b) Kia shall not be liable for the slightly negligent breach of any other applicable duty of care.

14.2. The aforesaid limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee. Nothing in these Terms of Use will limit or exclude Kia's liability for (i) death or personal injury resulting from Kia's negligence or the negligence of Kia employees or agents; (ii) gross negligence or wilful misconduct; (iii) breach of obligations deriving from public order rules; and (iv) any other case where Kia's liability may not be limited or excluded under applicable law.

14.3. Sections 14.1 and 14.2 apply accordingly for Kia's liability for wasted expenditures.

14.4. The User is obliged to take reasonable efforts for the prevention and minimization of damages.

The Netherlands

14.1. To the extent permitted under applicable mandatory law, Kia shall not be liable on any ground whatsoever for any damage arising from or in connection with the agreement for the provision of Services or the Services themselves. The foregoing shall not apply in case any liability results from gross negligence or wilful misconduct of Kia's executive management.

14.2. The User is obliged to take reasonable efforts for the prevention and minimization of damages.

Norway

14.1. Kia's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows:

a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
b) Kia shall not be liable for the slightly negligent breach of any other applicable duty of care;
c) Kia's liability shall be limited to NOK 5,000 per occurrence.

14.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, including liability under the Norwegian Product Liability Act. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.

Poland

14.1 Kia shall not be liable for actual loss and and/or loss of profits, unless it is caused by Kia wilful misconduct.

14.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for the wilful misconduct, liability under the Polish Product Liability Act (Ustawa z dnia 12 grudnia 2003 r. o ogólnym bezpieczeństwie produktów), liability regarding dangerous product under Polish Civil Code (Ustawa z dnia 23 kwietnia 1964 r. Kodeks Cywilny) and liability for culpably caused personal injuries.

Republic of Ireland

14.1. Kia is responsible to You for foreseeable loss and damage caused by Kia. If Kia fails to comply with these Terms of Use, Kia shall be responsible for loss or damage You suffer that is a foreseeable result of Kia breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and You knew it might happen.

14.2. Kia does not exclude or limit in any way its liability to You where it would be unlawful to do so. This includes liability: for death or personal injury caused by Kia's negligence or the negligence of its employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

14.3. Kia is not liable for business losses. We only supply the Services for private use. If you use the products for any commercial, business or re-sale purpose Kia will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Slovakia

14.1. To the extent permitted by the applicable Slovak laws, Kia's contractual and statutory liability for damages (in particular, actual losses and loss of profit) shall, irrespective of its legal ground, be limited. Kia shall be liable for damages only up to the amount of the damages Kia foresaw, or which Kia could have foreseen as a possible result of the breach of Kia’s obligation, at the time of the execution of thecontract, taking into account all the facts Kia knew or should have known by exercising due care.

14.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.

14.3. The User is obliged to take reasonable efforts for the prevention and minimization of damages.

Spain

14.1. Kia does not limit its mandatory statutory liability, including but not limited to liability for the wilful misconduct and liability for culpably caused personal injuries.

14.2. Section 14.1 apply accordingly for Kia's liability for wasted expenditures.

Sweden

14.1. Kia shall not be liable for direct or indirect loss or damage, unless Kia has caused the loss or damage by wilful misconduct or gross negligence.

14.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for the wilful misconduct, liability under the Swedish Product Liability Act (Produktansvarslagen), and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.

14.3. Sections 14.1 and 14.2 apply accordingly for Kia's liability for wasted expenditures.

14.4. The User is obliged to take reasonable efforts for the prevention and minimization of damages.

UK

14.1. Kia is responsible to You for foreseeable loss and damage caused by Kia. If Kia fails to comply with these Terms of Use, Kia shall be responsible for loss or damage You suffer that is a foreseeable result of Kia breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and You knew it might happen.

14.2. Kia does not exclude or limit in any way its liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Kia's negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are supplied with reasonable skill and care.

14.3. Kia is not liable for business losses. We only supply the Services for private use. If you use the products for any commercial, business or re-sale purpose Kia will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.


15. Local Law Amendments

The below table contains specific local law amendments as per country in which You have your habitual residence.

Belgium

4.1 last sentence will be amended as follows:
Without prejudice to mandatory rights under applicable law, you may not reproduce (in whole or part), transmit (by electronic means or otherwise), modify, display, redeliver, license, link or otherwise use the Services for any public or commercial purpose without our prior permission.

11.4 paragraph 1 will be amended as follows:
We are entitled to assign our rights and duties under this agreement either in full or in part to another service provider by providing 6 weeks’ notice to the User, and this, without your approval provided that this assignment does not reduce your guarantees as a consumer.

13. will be amended as follows:
The User expressly agrees that the execution of the contract begins, with his approval, as of the day on which he/she accepts the present Terms of Use and therefore recognizes that he loses his right of withdrawal, in accordance with Article VI.53,13° of the Belgian economic Law Code.

Czech Republic

12.2 will be deleted and replaced as follows:
If You are a consumer, apart from lodging a claim before Czech courts or in other jurisdiction, if permitted by applicable laws, You are also entitled to alternative resolution of a consumer dispute arising out of or in connection with the agreement governed by these Terms of Use to an approved alternative dispute resolution body. You can find the current list of the approved alternative dispute resolution bodies as well as further information on the applicable ADR procedure on the website of the Czech Trade Inspection Authority: https://www.adr.coi.cz.

You may also submit a complaint online to an ADR via the online dispute resolution (ODR) platform available here: http://ec.europa.eu/consumers/odr/.

13. will be deleted and replaced as follows:
The User acknowledges and expressly agrees that the execution of the agreement concerning the provision of the Services begins, with his/her approval, as of the day on which the User accepts the present Terms of Use and therefore recognizes that he/she loses the right of withdrawal, in accordance with Section 1837 (l) of the Czech Civil Code.

Hungary

This Terms of Use is concluded in electronic form. The Terms of Use will be concluded upon activation of the Services with the "I AGREE" button. The Terms of Use is not considered to be made in writing and you will be able to store it and access and reproduce the Terms of Use on your data carrier or electronic medium. We will provide the technical means for identifying and correcting input errors by electronic processing before making any legally binding statement.

Section 12.2 does not apply to you if you are a consumer.

Netherlands

10.1 will be supplemented as follows:
Kia reserves the right to make reasonable changes to the Terms of Use and/or to the Services. The User will be notified by us about any changes to these Terms of Use and/or to the Services. Any such change will take effect 6 weeks after receipt of the notification thereon by the User

Poland

13. will be amended as follows:
The User does not have a right of withdrawal. This applies even in case the User is a consumer, as the use of the Services consists in the supply of digital content not recorded on a durable medium by Kia to the User. If You are a consumer, You acknowledge and agree that by using the Services You consent to immediate start of performance by Kia and You do not have the right of withdrawal.


v29-04-20

KIA UVO
Privacy Notice - Head Unit

1. Introduction

This Privacy Notice of Kia UVO Connected GmbH, registered under the registration number HRB 112541, ("Kia", "we" or "us") applies to the collection and processing of personal data in connection with the provision of Kia UVO ("UVO") via the car’s head unit. We at Kia take your privacy very seriously and will process your personal data only in accordance with applicable data protection and privacy law.
We may change and/or supplement this Privacy Notice at any time. Such changes and/or supplements may be necessary in particular due to the implementation of new technologies or the introduction of new services. We will publish the changes on our websites and/or in the car’s head unit.

2. Controller

The responsible controller for any personal data collected and processed in connection with the provision of UVO is Kia UVO Connected GmbH.

3. Contact Point and Data Protection Officer

3.1 If you have any questions about or in connection with this Privacy Notice or the exercise any of your rights, you may contact our customer call center:

Kia UVO Connected GmbH
Email: info@kia-uvo.eu
Ordinary mail: Theodor-Heuss-Allee 11, 60486 Frankfurt am Main
Phone: +44 333 202 299 0

3.2 Alternatively, you may also contact our data protection officer:

Email: dpo@kia-uvo.eu
Ordinary mail: Data Protection Officer, Theodor-Heuss-Allee 11, 60486 Frankfurt am Main

4. Purposes, Legal Basis and Categories of Data

In connection with UVO we collect and process your personal data only insofar as the collection and processing is necessary for the conclusion or the performance of the UVO contract (Art. 6 (1) b) GDPR), or legitimate interests (Art. 6 (1) f) GDPR). For further details on individual UVO services, please consult the respective service description in the UVO Terms of Use. The (personal) data described in this Section 4 below is collected directly from the car’s head unit and is processed in connection with the UVO services.

We will further analyse and improve the Services to develop new mobility and mobility related products and/or services, to secure our products and/or to improve our services. For these purposes, we automatically analyse the data based on statistical and mathematical models to identify potential for improvements.

The data described in this Section 4 below is required to provide the UVO services. Without the respective information, the UVO services cannot be performed.

We process your personal data for other purposes only if we are obligated to do so on the basis of legal requirements (for example, transfer to courts or criminal prosecution authorities), 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 we will provide you with additional information, if appropriate. We do not engage in automated decision-making including profiling in connection with the UVO services unless we have expressly notified you of such automated decision-making including profiling by other means.

4.1 Kia Live

Kia Live enables you to access the following functions:

• Traffic: Live traffic information to calculate routes and display traffic situation. Online Navigation enables the User to navigate to their desired destination based on the combination of real-time traffic data and historical traffic information.
• Live point of interest (POI): Information on nearby POI based on current position
• Weather: Local weather information
• Parking: On and Off Street parking based on current position, nearby destination, nearby scrolled mark, nearby city center
• EV POI (only for Electric Vehicles and Plug-in Hybrid Electric Vehicles): Information on nearby charging stations including availability status based on current position
• Dealer point of interest (POI): Kia nearby dealer location information based on nearby current position
• 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

For this purpose the following categories of personal data are processed for the conclusion or the performance of the contract: (GPS) Location data, service requests and responses for server search (point of interest (POI) data), dealer POI data, fuel-related information, parking-related information, speed camera information, electric vehicle (EV) station information, weather information), traffic information, unit of distance (km, miles, meters), language settings, telecom carrier information, unique identifiers (e.g. Vehicle Identification Number (VIN), Driver ID, Service ID), phone number, date and local time, protocol version, navigation device information (e.g. hardware version, software version), route information (e.g. start point, settings, goal point, estimated time).

In addition, the GPS data (location) and the Service ID will be collected and stored for up to 93 days in order to improve the Kia Live service, based on legitimate interests. More information on the balancing test is available upon request.

4.2 Online Voice Recognition

Online Voice Recognition enables you to use spoken commands to access and control Kia Live services and draft and send text messages via a connected mobile device. Upon the activation of UVO in your vehicle, Online Voice Recognition is activated as a default setting. When using Online Voice Recognition, your personal data will be processed in an online environment.

For this purpose the following categories of personal data are processed for the conclusion or the performance of the contract: Voice recording, GPS data (location), unique identifiers (e.g. Vehicle Identification Number (VIN), Service ID).

The recorded voice samples are transferred together with the GPS data and the Service ID to our relevant service provider. Our service provider for the Online Voice Recognition is Cerence B.V., CBS Weg 11, 6412EX Heerlen, Netherlands (processor) ("Cerence") and its sub-processors, which may be located in countries outside the EU/EEA and may not provide for an adequate level of data protection. Cerence transforms the voice samples into text samples, semantically interpreting them (if necessary), and then sends the result back to the vehicle.

In addition, voice samples and GPS data will be collected and stored for up to 90 days in order to perform and improve the Online Voice Recognition service based on legitimate interests. More information on the balancing test is available upon request.

You can prevent the transfer of your personal data (i.e. voice samples) to Cerence by deactivating the Online Voice Recognition in the respective settings of your head unit. By deactivating the Online Voice Recognition the functionality of the voice recognition may be limited or disabled.

4.3 Notification Center

Notification Center enables the User to receive messages from Kia on the head unit screen.
For this purpose the following categories of personal data are processed for the conclusion or the performance of the contract: unique identifiers (e.g. Vehicle Identification Number (VIN)), sequenceID, read status, UTC time.

4.4 Valet Parking Mode

When activated and the vehicle is driven by another person, the User can monitor the vehicle location, the time ignition was turned off last, driving time, driving distance and top speed (please refer to Section 4 of the Privacy Notice - UVO App). This information is also displayed on the head unit screen.

For this purpose the following categories of personal data are necessarily processed: unique identifiers (e.g. Vehicle Identification Number (VIN)), valet mode status information (activation status, valet mode starting and ending time, run time, mileage time, idle engine time, maximum speed, run distance), vehicle indicators (location, speed, time, accuracy, direction).

5. Your Rights

If you have declared your consent for any personal data processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.

Pursuant to applicable data protection law you may have the right to: request access to your personal data, request rectification of your personal data; request erasure of your personal data, request restriction of processing of your personal data; request data portability, and object to the processing of your personal data.

In addition, you also have the right to lodge a complaint with the competent data protection supervisory authority.

Please note that these aforementioned rights might be limited under the applicable national data protection law.

5.1 Right of Access: You may have the right to obtain from us confirmation as to whether or not personal data concerning you is processed, and, where that is the case, to request access to the personal data. The access information includes – inter alia – the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom the personal data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access.

You may have the right to obtain a copy of the personal data undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.

5.2 Right to rectification: You may have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

5.3 Right to erasure ("right to be forgotten"): Under certain circumstances, you may have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.

5.4 Right to restriction of processing: Under certain circumstances, you may have the right to obtain from us restriction of processing your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.

5.5 Right to data portability: Under certain circumstances, you may have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.

5.6 Right to object: Under certain circumstances, you may have the right to object, on grounds relating to your particular situation at any time to the processing of your personal data by us and we can be required to no longer process your personal data. Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.

5.7 Right to make arrangements for the storage and communications of data after one’s death: You have a right to make specific arrangements for the storage and communication of your personal data after your death, and we will act accordingly. You may also make general arrangements with a third party, which will let us know about your instructions in due time.

6. Recipients and Categories of Recipients

Any access to your personal data at Kia is restricted to those individuals that have a need to know in order to fulfill their job responsibilities.

Kia may transfer your personal data for the respective purposes to the recipients and categories of recipients listed below:

Private third parties – Affiliated or unaffiliated private bodies other than us that alone or jointly with others, determine the purposes and means of the processing of personal data.
For the purpose of providing UVO we need to transfer data (e.g. to our data processors – see below). For this technical service we rely on telecommunication services provided by telecommunication providers (currently Vodafone GmbH, Ferdinand-Braun-Platz 1, 40549 Dusseldorf, Germany).
Data processors – Certain third parties, whether affiliated or unaffiliated, may receive your personal data to process such data on behalf of Kia under appropriate instructions as necessary for the respective processing purposes. The data processors will be subject to contractual obligations to implement appropriate technical and organizational security measures to safeguard the personal data, and to process the personal data only as instructed.
- The data processors for the technical provision of UVO are Hyundai Autoever Europe GmbH, Kaiserleistraße 8a, 63067 Offenbach am Main, Germany and Hyundai MnSOFT Inc., 74, Wonhyo-Ro, Youngsan-gu, 04365, Seoul, Korea.
- Regarding Kia Live and Online Voice Recognition, we use additional data processors.
--For Online Voice Recognition: Cerence B.V., CBS Weg 11, 6412EX Heerlen, Netherlands (processor).
- The data processors for call center services are affiliates of Kia, which are located in the EU/EEA.
Governmental authorities, courts, external advisors, and similar third parties that are public bodies as required or permitted by applicable law.

7. Cross-Border Data Transfer

Some of the recipients of your personal data will be located or may have relevant operations outside of your country and the EU/EEA, e.g. in the Republic of Korea or the United States of America (e.g. Cerence’s subprocessors), where the data protection laws may provide a different level of protection compared to the laws in your jurisdiction and with regard to which an adequacy decision by the European Commission does not exist. With regard to data transfers to such recipients outside of the EU/EEA we provide appropriate safeguards, in particular, by way of entering into data transfer agreements adopted by the European Commission (e.g. Standard Contractual Clauses (2010/87/EU and/or 2004/915/EC)) with the recipients or taking other measures to provide an adequate level of data protection. A copy of the respective measure we have taken is available via our data protection officer (see 3.2 above).

8. Storage Period

8.1 Your personal data is stored by Kia and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the personal data is collected, in accordance with applicable data protection laws. When Kia no longer needs to process your personal data, we will erase it from our systems and/or records and/or take steps to properly anonymize it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which Kia is subject; e.g., personal data contained in contracts, communications, and business letters may be subject to statutory retention requirements, which may require retention of up to 10 years).

8.2 Where no legal or regulatory retention periods apply, as a rule, all personal data processed in connection with the provision of UVO is deleted or anonymized immediately after provision of the individual UVO services action has been completed with the following exceptions:

• Sign-up and Log-in data are stored for the duration of the contract (i.e. up to seven years)
• Online Voice Recognition: Voice samples and GPS data (see 4.2 above) are stored up to 90 days
• Kia Live: GPS data and Service ID (see 4.1 above) are stored up to 93 days

8.3 Reset of account: Your account may be reset by setting the respective preference (e.g. in the vehicle's head unit). In such case, all personal data related to your account will be deleted, unless retention periods apply (see 8.1 above). Upon reset of the account, you will be logged out of UVO and will have to perform a new sign-up procedure or log in with different credentials if you intend to use UVO.

9. Offline Mode (Modem Off)

You may choose to activate Offline Mode by setting the respective preference. If Offline Mode is turned on all UVO functions are disabled and no personal data, in particular no location data (GPS), is collected for UVO and an Offline Mode icon is displayed at the top of the head unit screen in the vehicle.

10. Local Law Amendments

The following local law amendments apply:

Austria

Section 8.1 shall be amended as follows:
Your personal data is stored by Kia and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the personal data is collected, in accordance with applicable data protection laws. When Kia no longer needs to process your personal data, we will erase it from our systems and/or records and/or take steps to properly anonymize it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which Kia is subject; e.g., personal data contained in contracts, communications, and business letters may be subject to statutory retention requirements, which may require retention of up to 7 years. This retention period may be extended, in particular if necessary for the purposes of the legitimate interests pursued by Kia (for example due to threatening or pending litigation)).

Belgium

Regarding the data retention period under Section 8.1, in Belgium, personal data relating to the contractual relationship in contracts, communications or commercial letters may be stored for a duration up to 10 years as from the end of the contractual relationship between Kia and you. If such data are relevant in the frame of any administrative or judicial proceedings, they can be stored by Kia for the whole duration of these procedures, including the expiration of any recourse.

The contact details of the Belgian data protection authority are as follows:
Autorité de protection des données
Gegevensbeschermingsautoriteit
Rue de la presse 35
1000 Brussels

Tel.: +32 (0)2 274 48 00
Fax.: +32 (0)2 274 48 35
Email: contact@apd-gba.be

Hungary

Section 8.1 shall be replaced as follows:

Your personal data is stored by Kia and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the personal data is collected, in accordance with applicable data protection laws. When Kia no longer needs to process your personal data, we will erase it from our systems and/or records and/or take steps to properly anonymize it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which Kia is subject; e.g., personal data contained in contracts, communications, and business letters may be subject to statutory retention requirements, which may require retention of up to 8 years in case of accounting documents from their date of issue). If such data are relevant in the frame of any administrative or judicial proceedings, they can be stored by Kia for the whole duration of these procedures, including the expiration of any recourse.

The contact details of the Hungarian data protection authority are as follows:
Nemzeti Adatvédelmi és Információszabadság Hatóság
Address: H-1125 Budapest, Szilágyi Erzsébet fasor 22/C.
Phone: +36-1-391-1400
Fax: +36-1-391-1410
E-mail: ügyfelszolgalat@naih.hu

Italy

Regardless anything to the contrary as indicated in the above Privacy Notice, the following will apply to the extent Italian law will apply to the processing of your personal data: (i) in no event Kia will process your personal data for profiling purposes without your consent; (ii) if You are an existing customer and have provided Kia with your email address, and without prejudice to your right of object pursuant to point 5.6 above, Kia may send you marketing communications via email in relation to products or services similar to the products or services previously purchased by You; (iii) with reference to storage periods, Kia will retain personal data processed for marketing or profiling purposes, if any, for 24 and 12 months, respectively, unless the Italian data protection supervisory authority authorizes Kia to retain them for a longer period.

The contact details of the Italian data protection supervisory authority are the following:

Garante per la Protezione dei Dati Personali
Piazza Venezia n. 11 - 00187 Rome
www.gpdp.it - www.garanteprivacy.it
Email: garante@gpdp.it
Fax: (+39) 06 696773785
Tel: (+39) 06 696771

Netherlands

Section 8.1 shall be amended as follows:
The standard statutory data retention period for general bookkeeping purposes is 7 years in the Netherlands. Note that this retention period may be extended, in particular if the applicable law so requires and/or if necessary for the purposes of the legitimate interests pursued by Kia (for example due to threatening or pending litigation).

Poland

Section 5.6. shall be amended as follows:
Right to object: Under certain circumstances, you may have the right to object, on grounds relating to your particular situation at any time to the processing of your personal data by us and we can be required to no longer process your personal data. Moreover, if your personal data is processed for direct marketing purposes, if you granted consent for the processing for such purposes, you have the right to withdraw at any time your consent for the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.

Section 8.1 shall be amended as follows:
Your personal data is stored by Kia and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the personal data is collected, in accordance with applicable data protection laws. When Kia no longer needs to process your personal data, we will erase it from our systems and/or records and/or take steps to properly anonymize it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which Kia is subject; e.g., the standard statutory data retention period for general bookkeeping purposes is 5 years from the end of the previous financial years in the Poland. Note that this retention period may be extended, in particular if the applicable law so requires and/or if necessary for the purposes of the legitimate interests pursued by Kia (for example due to threatening or pending litigation).)

The contact details of the Polish data protection authority are as follows:
Prezes Urzędu Ochrony Danych Osobowych
Urząd Ochrony Danych Osobowych
ul. Stawki 2
00 -193 Warszawa
Email: kancelaria@uodo.gov.pl

Slovakia

The contact details of the Slovak data protection authority are as follows:
Úrad na ochranu osobných údajov Slovenskej republiky
Hraničná 12
820 07 Bratislava 27
Slovak Republic
https://dataprotection.gov.sk/uoou/sk
Tel: + 421 2 32 31 32 14
E-mail: statny.dozor@pdp.gov.sk

Spain

Section 5.1 para. 2 shall be replaced as follows:
You may have the right to obtain a copy of the personal data undergoing processing. For further copies requested by You within six months unless there is legitimate cause to do so, we may charge a reasonable fee based on administrative costs.

Section 8 shall be replaced as follows:
8.1 Your personal data is stored by Kia and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the personal data is collected, in accordance with applicable data protection laws. When Kia no longer needs to process your personal data, we will block it and once the period for the statute of limitation has elapsed (e.g., personal data contained in contracts, communications, and business letters may be subject to statutory retention requirements, which may require retention of up to 10 year), we will erase it from our systems and/or records and/or take steps to properly anonymize it so that you can no longer be identified from it.

8.2 Where no legal or regulatory retention periods apply, as a rule, all personal data processed in connection with the provision of UVO is blocked and subsequently erased or anonymized immediately after provision of the individual UVO services action has been completed with the following exceptions:
• Sign-up and Log-in data are stored for the duration of the contract (i.e. up to seaven years) • Online Voice Recognition: Voice samples and GPS data (see 4.2 above) are stored up to 90 days • Kia Live: GPS data and Service ID (see 4.1 above) are stored up to 93 days

8.3 Termination of account: If you choose to terminate your account (e.g. by setting the respective preference in the car's head unit) all personal data related to your account will be blocked and subsequently deleted as explained above.

v29-04-20

KIA UVO
Terms of Use - UVO App

1. Scope

These terms of use ("Terms of Use") apply to the use of this app ("UVO App"), which provides you with the opportunity to use certain Kia UVO services ("App Services") via the UVO App. The App Services are provided by Kia UVO Connected GmbH, registered under the registration number HRB 112541, Theodor-Heuss-Allee 11, 60486 Frankfurt am Main, phone: +44 333 202 299 0, email: info@kia-uvo.eu ("Kia"; "we"; "us"; "our") to the user of the App Services ("User" or "You").

If you have any questions about or in connection with these Terms of Use, you may contact our customer call centre:
Kia UVO Connected GmbH
Email: info@kia-uvo.eu
Ordinary mail: Theodor-Heuss-Allee 11, 60486 Frankfurt am Main
Phone: +44 333 202 299 0

2. Use of the App Services

2.1. You may use the App Services with your Kia Account. In order to gain access to the App Services, you may have to connect the UVO App with one or more Kia vehicles.
2.2. For information regarding the related data collected and the processing thereof please refer to our Privacy Notice - UVO App.
2.3. The use of the App Service may require internet access or other telecommunication services. These Terms of Use do not apply to the telecommunication services that may be required to use the App Service. These are subject to a separate agreement (including charges) with the provider of your telecommunication services.
2.4. The purchase agreement on the vehicle and the agreement concerning the provision of the App Services in accordance with the Terms of Use are legally separate business transactions and agreements. The performance of one of the agreements shall have no implications on the respective other agreement. In certain circumstances, this may result in the User fulfilling the purchase agreement on the vehicle without being able to use the App Services. In the opposite case, e.g. in the case of reverse transaction of the purchase agreement for the vehicle, the agreement for the provision of the App Services for the vehicle concerned may be terminated according to section 9.5.
2.5. All agreements between Kia and the User are concluded in multiple languages. After the conclusion of the respective agreement, the text of the agreement will be available for the User in the UVO App.

3. App Services

3.1. The UVO App enables access to the following App Services which are described in more detail in the service descriptions of the respective App Service which are part of these Terms of Use (the actually available services may differ depending on your vehicle model, construction date and trim line – for further information please contact us via the contact details provided in section 1 above):
3.1.1. Home menu map and search bar
3.1.2. Remote Climate Control
3.1.3. Remote Charging
3.1.4. Remote Door Control
3.1.5. Send to Car
3.1.6. Find My Car
3.1.7. My Trips
3.1.8. Vehicle Status
3.1.9. Vehicle Report
3.1.10. Vehicle Diagnostic
3.1.11. Vehicle Alert
3.1.12. Burglar Alarm
3.1.13. User Profile Transfer
3.1.14. Last Mile Navigation
3.1.15. Valet Parking Mode
3.1.16. Battery Discharge Alarm
3.1.17. Vehicle Status Notifications
3.1.18. Rear Passenger Alarm
3.1.19. Vehicle Idle Alarm

3.2. The following App Services require the collection and processing of location data (GPS data): Home menu map and search bar, Remote Climate Control (electric vehicles only), Remote Charging, Remote Door Control, Send to Car, Find my Car, My Trips, Vehicle Status, Vehicle Report, Vehicle Diagnostic, Vehicle Alert, Last Mile Navigation, Valet Parking Mode, Rear Passenger Alarm, Vehicle Idle Alarm and Burglar Alarm. Without the collection and processing of location data the respective App Service(s) cannot be provided/used.

3.3. We will further analyse and improve the App Services to develop new mobility and mobility related products and/or services, to secure our products and/or to improve our services. For these purposes, we automatically analyse the data based on statistical and mathematical models to identify potential for improvements.

4. Copyright

4.1. The entire content of the App Services is the property of Kia, its direct or indirect subsidiaries or affiliated companies (hereinafter referred to collectively as "Kia Group") or third parties and is protected by applicable copyright law with all rights reserved. All rights in the App Services, the underlying software, the content and arrangement are owned by Kia Group and its licensors. You must not sell, distribute, publish, broadcast, circulate or commercially exploit the App Services in any manner without our express written consent. You may not reproduce (in whole or part), transmit (by electronic means or otherwise), modify, display, redeliver, license, link or otherwise use the App Services for any public or commercial purpose without our prior permission.

4.2. Nothing in these Terms of Use shall be construed as granting a licence or right to use any image, trademark, service mark or logo, all of which are the property of Kia Group. Kia Group reserves all rights with respect to its proprietary information or material in connection with the App Services and will enforce such rights to the full extent of applicable copyright and trademark law.

5. User Obligations

You are obligated to comply with applicable law and respect the rights of third parties when using the App Services.

6. Free App Services

The App Services are provided free of charge for a period of 7 years commencing on the day the vehicle is sold to the first owner of the vehicle, i.e. the point in time the initial purchase agreement becomes effective. We reserve the right to propose additional services in the future subject to separate terms of use.

7. Uptime

7.1. We reserve the right to temporarily or permanently deactivate access to the App Services in whole or in part for technical and security reasons (e.g. in the event of gaps in security) and other important reasons.

7.2. The provision and use of the App Services may be subject to restrictions with regard to the current state of the art beyond the scope of our control. This relates in particular to the availability of the data connections provided by carriers. In individual cases, the non-availability of the network can lead to the App Services not being available as the necessary data transfer cannot occur. In addition, short-term capacity bottlenecks can arise from peak loads on the App Services, wireless and fixed networks and on the Internet.

7.3. Disruptions can also arise due to force majeure, including pandemic and epidemic diseases, strikes, lockouts and official orders, and on account of technical and other measures (e.g. repairs, maintenance, software updates, and extensions) necessary on our systems or those of downstream or upstream providers, content providers and network operators, which are necessary for the proper or improved performance of the App Services.

7.4. Where access to the App Services is deactivated, restricted or disrupted as described in this Section 7, to the extent possible we will contact you in advance to inform you of this and give a reason for the deactivation, restriction or disruption.

8. Data Protection

For information on how we collect and process personal data in connection with the provision of the App Services please refer to our Privacy Notice - UVO App.

The User shall inform any other user/driver of the vehicle that the App Services are activated. The User shall in particular inform such other user/driver about the data processing activities described in the Privacy Notice - UVO App and the fact that the App Services require the collection and processing of location data (GPS data).

9. Term, Termination

9.1. You may use the App Services as of the day you registered for the Kia Account and accepted these Terms of Use.

9.2. The right to use the App Services commences on the day the vehicle is sold to the first owner of the vehicle, i.e. the point in time the initial purchase agreement becomes effective, and automatically expires after 7 years.

9.3. The agreement concerning the provision of the App Services and thereby the right to use the App Services can be terminated by You at any time with 6 weeks’ notice, to the end of a calendar quarter.

9.4. Either party's right to terminate for good cause remains unaffected.

9.5. Furthermore, in the event of the reversal of the purchase agreement for a vehicle, the reacquisition or other withdrawal of the vehicle by the relevant dealer, in the event of the termination of a leasing agreement, in case of sale of the vehicle to a third party, in case of theft, as well as in the event of total damage beyond repair, each party shall be entitled to the termination of the App Services with regard to the vehicle concerned. The termination shall become valid as soon as one party receives the notice of termination. In case of sale or transfer of possession of the vehicle to a third party, the User shall delete the data stored in the vehicle.

9.6. We reserve the right to temporarily or permanently block and/or revoke the use of the App Services in case of material breach of these Terms of Use and, in case of material breach by the User of these Terms of Use, to terminate the contract.

10. Changes to the Terms of Use

10.1. Kia reserves the right to make reasonable changes to the Terms of Use and/or to the App Services. The User will be notified by us about any changes to these Terms of Use and/or the App Services. If the User does not reject to those changes in text form (e.g. email, fax) within 4 weeks after receipt of the notification, the changes are deemed to be agreed. We will expressly notify the User about the right to reject and the consequences of being silent.

10.2. If the User rejects, we reserve the right to terminate any right to use the affected App Service(s) with 6 weeks’ notice, to the end of a calendar quarter.

11. Miscellaneous

11.1. These Terms of Use are the entire agreement of the parties with respect to the subject matter of the use of the App Services and supersedes all prior agreements, written or oral, between the parties with respect to the subject matter.

11.2. Deviating, conflicting or supplementing terms and conditions of the User shall only govern the use of the App Services if explicitly accepted by us in writing.

11.3. Any amendments and additions to the Terms of Use as well as notifications necessary for their execution require text form (including email, fax) to be effective. The text form requirement can only be overruled in text form.

11.4. We are entitled to assign our rights and duties under this agreement either in full or in part to another service provider by providing 6 weeks’ notice to the User. In this case, however, the User shall be entitled to terminate the agreement within one month after receipt of the written notification effective at the time of the intended assignment of the agreement to the company which is taking over the place of Kia in the agreement. We shall expressly inform the User of this right of termination in the written notification. For the avoidance of doubt, this right is without prejudice to your right to terminate the Terms of Use and thereby the right to use the App Services at any time upon 6 weeks’ notice as stipulated in Section 9.3.

12. Customer Service / Complaints

12.1. Users may use the contact details set out in Section 1 above in case of questions or complaints.

12.2. Kia does not and is not obligated to participate in alternative dispute resolution procedures before an alternative dispute resolution entity for consumers. The European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out-of-court, available at http://ec.europa.eu/consumers/odr/.

13. No right of withdrawal

The User does not have a right of withdrawal. This applies even in case the User is a consumer, because the App Services are provided free of charge.

14. Liability

The following liability applies to You as per country in which You have your habitual residence:

Austria

Kia shall not be subject to any liability other than (1) liability for gross negligence or intent and (2) liability for culpably caused bodily harm or death.

Belgium

14.1 To the fullest extent permitted by applicable law, Kia’s contractual and extra-contractual liability shall, irrespective of its legal ground (whether on warranty, contract, tort, negligence or otherwise, including for latent/hidden defects), for losses and damages arising out of or in connection with the provision of the App Services or any delay or interruption in the provision of the App Services, be limited as follows:
(i) Kia shall be liable up to the amount of foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
(ii) Kia shall not be liable due to a breach of any non-material contractual obligations nor for any slightly negligent breach of any other duty of care applicable; and
(iii) Kia shall not be liable for any special, indirect or consequential damages, including, but not limited to, loss of use, of data, of profits, of savings, of opportunity, of goodwill, as well as for third parties claims (even if Kia has been advised of the possibility of such damage) .

14.2 The aforesaid limitations of liability do not apply to (i) any mandatory statutory liability (such as liability for defective products), (ii) liability for personal injuries or death caused by any act or omission of Kia, (iii) any liability for fraud or gross negligence, or (iv) any other liability which cannot be limited or excluded by law. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.

Czech Republic

14.1 Kia's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows:
a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of agreement due to a breach of contractual obligations;
b) Kia shall not be liable for any indirect damage which may result from the use of the Services.

14.2. The aforesaid limitations of liability shall not apply to mandatory statutory liability, in particular to liability for gross negligence or wilful misconduct, harm caused to the natural rights of an individual or to liability for defective products. In addition, such limitations of liability shall not apply with respect to weaker parties in the meaning of Section 433 (2) of the Czech Civil Code and if and to the extent Kia has assumed a specific guarantee.

14.3. Sections 14.1 and 14.2 apply accordingly for Kia's liability for wasted expenditures.

14.4. The User is obliged to take reasonable efforts for the prevention and minimization of damages.

France

14.1. Kia's contractual liability for damages caused by slight negligence shall be limited as follows:
a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of agreement due to a breach of contractual obligations;
b) Kia shall not be liable for any indirect damage which may result from the use of the App Services;
c) Kia shall not be liable for any damage caused by a force majeure event (i.e. an event beyond Kia's control and which could not reasonably have been foreseen at the time of conclusion).

14.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for gross negligence and/or wilful misconduct, liability for defective products, and liability for personal injuries. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.

14.3. Sections 14.1 and 14.2 apply accordingly for Kia's liability for wasted expenditures.

Germany

14.1. Kia's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows:
a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of agreement due to a breach of material contractual obligations;
b) Kia shall not be liable for the slightly negligent breach of any other applicable duty of care.

14.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for the wilful misconduct, liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.

14.3. Sections 14.1 and 14.2 apply accordingly for Kia's liability for wasted expenditures.

14.4. The User is obliged to take reasonable efforts for the prevention and minimization of damages.

Hungary

14.1 To the fullest extent permitted by applicable law, Kia’s contractual and extra-contractual liability shall, irrespective of its legal ground (whether on warranty, contract, tort, negligence or otherwise, including for latent/hidden defects), for losses and damages arising out of or in connection with the provision of the App Services or any delay or interruption in the provision of the App Services, be limited as follows:
(i) Kia shall be liable up to the amount of foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
(ii) Kia shall not be liable due to a breach of any non-material contractual obligations nor for any slightly negligent breach of any other duty of care applicable; and
(iii) Kia shall not be liable for any special, indirect or consequential damages, including, but not limited to, loss of use, of data, of profits, of savings, of opportunity, of goodwill, as well as for third parties claims (even if Kia has been advised of the possibility of such damage) .

14.2 The aforesaid limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee. Nothing in these Terms of Use will limit or exclude Kia's liability for (i) death or personal injury resulting from Kia's negligence or the negligence of Kia employees or agents; (ii) wilful misconduct; (iii) breach of obligations deriving from public order rules; and (iv) any other case where Kia's liability may not be limited or excluded under applicable law.

Italy

14.1. Kia's liability for damages caused by slight negligence shall be limited as follows:
a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
b) Kia shall not be liable for the slightly negligent breach of any other applicable duty of care.

14.2. The aforesaid limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee. Nothing in these Terms of Use will limit or exclude Kia's liability for (i) death or personal injury resulting from Kia's negligence or the negligence of Kia employees or agents; (ii) gross negligence or wilful misconduct; (iii) breach of obligations deriving from public order rules; and (iv) any other case where Kia's liability may not be limited or excluded under applicable law.

14.3. Sections 14.1 and 14.2 apply accordingly for Kia's liability for wasted expenditures.

14.4. The User is obliged to take reasonable efforts for the prevention and minimization of damages.

The Netherlands

14.1. To the extent permitted under applicable mandatory law, Kia shall not be liable on any ground whatsoever for any damage arising from or in connection with the agreement for the provision of App Services or the App Services themselves. The foregoing shall not apply in case any liability results from gross negligence or wilful misconduct of Kia's executive management.

14.2. The User is obliged to take reasonable efforts for the prevention and minimization of damages.

Norway

14.1. Kia's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows:
a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
b) Kia shall not be liable for the slightly negligent breach of any other applicable duty of care;
c) Kia's liability shall be limited to NOK 5,000 per occurrence.

14.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, including liability under the Norwegian Product Liability Act. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.

Poland

14.1 Kia shall not be liable for actual loss and and/or loss of profits, unless it is caused by Kia wilful misconduct.

14.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for the wilful misconduct, liability under the Polish Product Liability Act (Ustawa z dnia 12 grudnia 2003 r. o ogólnym bezpieczeństwie produktów), liability regarding dangerous product under Polish Civil Code (Ustawa z dnia 23 kwietnia 1964 r. Kodeks Cywilny) and liability for culpably caused personal injuries.

Republic of Ireland

14.1. Kia is responsible to You for foreseeable loss and damage caused by Kia. If Kia fails to comply with these Terms of Use, Kia shall be responsible for loss or damage You suffer that is a foreseeable result of Kia breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and You knew it might happen.

14.2. Kia does not exclude or limit in any way its liability to You where it would be unlawful to do so. This includes liability: for death or personal injury caused by Kia's negligence or the negligence of its employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

14.3. Kia is not liable for business losses. We only supply the Services for private use. If you use the products for any commercial, business or re-sale purpose Kia will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Slovakia

14.1. To the extent permitted by the applicable Slovak laws, Kia's contractual and statutory liability for damages (in particular, actual losses and loss of profit) shall, irrespective of its legal ground, be limited. Kia shall be liable for damages only up to the amount of the damages Kia foresaw, or which Kia could have foreseen as a possible result of the breach of Kia’s obligation, at the time of the execution of the contract, taking into account all the facts Kia knew or should have known by exercising due care.

14.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.

14.3. The User is obliged to take reasonable efforts for the prevention and minimization of damages.

Spain

14.1. Kia does not limit its mandatory statutory liability, including but not limited to liability for the wilful misconduct and liability for culpably caused personal injuries.

14.2. Section 14.1 apply accordingly for Kia's liability for wasted expenditures.

Sweden

14.1. Kia shall not be liable for direct or indirect loss or damage, unless Kia has caused the loss or damage by wilful misconduct or gross negligence.

14.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for the wilful misconduct, liability under the Swedish Product Liability Act (Produktansvarslagen), and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.

14.3. Sections 14.1 and 14.2 apply accordingly for Kia's liability for wasted expenditures.

14.4. The User is obliged to take reasonable efforts for the prevention and minimization of damages.

UK

14.1. Kia is responsible to You for foreseeable loss and damage caused by Kia. If Kia fails to comply with these Terms of Use, Kia shall be responsible for loss or damage You suffer that is a foreseeable result of Kia breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and You knew it might happen.

14.2. Kia does not exclude or limit in any way its liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Kia's negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the App Services including the right to receive App Services which are supplied with reasonable skill and care.

14.3. Kia is not liable for business losses. We only supply the App Services for private use. If you use the products for any commercial, business or re-sale purpose Kia will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.



15. Local Law Amendments

The below table contains specific local law amendments as per country in which You have your habitual residence.

Belgium

4.1 last sentence will be amended as follows:
Without prejudice to mandatory rights under applicable law, you may not reproduce (in whole or part), transmit (by electronic means or otherwise), modify, display, redeliver, license, link or otherwise use the App Services for any public or commercial purpose without our prior permission.

11.4 paragraph 1 will be amended as follows:
We are entitled to assign our rights and duties under this agreement either in full or in part to another service provider by providing 6 weeks’ notice to the User, and this, without your approval provided that this assignment does not reduce your guarantees as a consumer.

13. will be amended as follows:
The User expressly agrees that the execution of the contract begins, with his approval, as of the day on which he/she registers for the KIA account and accepts the present Terms of Use and therefore recognizes that he loses his right of withdrawal, in accordance with Article VI.53,13° of the Belgian economic Law Code.

Czech Republic

12.2 will be deleted and replaced as follows:
If You are a consumer, apart from lodging a claim before Czech courts or in other jurisdiction, if permitted by applicable laws, You are also entitled to alternative resolution of a consumer dispute arising out of or in connection with the agreement governed by these Terms of Use to an approved alternative dispute resolution body. You can find the current list of the approved alternative dispute resolution bodies as well as further information on the applicable ADR procedure on the website of the Czech Trade Inspection Authority: https://www.adr.coi.cz.
You may also submit a complaint online to an ADR via the online dispute resolution (ODR) platform available here: http://ec.europa.eu/consumers/odr/.

13. will be deleted and replaced as follows:
The User acknowledges and expressly agrees that the execution of the agreement concerning the provision of the Services begins, with his/her approval, as of the day on which the User accepts the present Terms of Use and therefore recognizes that he/she loses the right of withdrawal, in accordance with Section 1837 (l) of the Czech Civil Code.

Hungary

These Terms of Use are concluded in electronic form. The Terms of Use will be concluded upon activation of the Services with the "I AGREE" button. The Terms of Use is not considered to be made in writing and you will be able to store it and access and reproduce the Terms of Use on your data carrier or electronic medium. We will provide the technical means for identifying and correcting input errors by electronic processing before making any legally binding statement.

Section 12.2 does not apply to you if you are a consumer.

Netherlands

Section 10.1 will be supplemented as follows: Kia reserves the right to make reasonable changes to the Terms of Use and/or to the App Services. The User will be notified by us about any changes to these Terms of Use and/or to the App Services. Any such change will take effect 6 weeks after receipt of the notification thereon by the User.

Poland

13 The User does not have a right of withdrawal. This applies even in case the User is a consumer, as the use of the UVO App and any App Services consist in the supply of digital content not recorded on a durable medium by Kia to the User. If You are a consumer, You acknowledge and agree that by downloading the UVO App You consent to immediate start of performance by Kia and You do not have the right of withdrawal.



Service Descriptions

1. Remote

1.1. Remote Climate Control (electric vehicles only): The App Service enables the User to remotely control and schedule the air conditioning of their electric vehicle including defrost functions via the UVO App.

1.2. Remote Charging (electric and plug-in hybrid vehicles only): The App Service enables the User to remotely initiate and stop the charging of an electric and plug-in hybrid vehicle's battery and schedule the charging via the UVO App.

1.3. Remote Door Control: The App Service enables the User to remotely lock/unlock the vehicle's doors via certain User Interfaces. The User will be able to lock all doors or unlock all doors. To ensure safety and security when using the service, the service will check several pre-conditions. The service can help in situations where the User might not remember if he/she correctly locked the vehicle, allowing to perform this action remotely.

1.4. User Profile Transfer: The App Service enables the User to check and change vehicle settings on the UVO App. The User can back up settings information and apply it to their vehicle.

2. Geographic Information System (GIS)

2.1. Send to Car: The App Service enables the User to send a point of interest (POI) to the vehicle's navigation system and enables the User to immediately receive location information once the vehicle's ignition is turned on.

2.2. Find my Car: The App Service that enables the User to locate the vehicle. The vehicle's location will be displayed in the UVO App.

2.3. My Trips: The App Service provides a summary of every journey with date and time, average and maximum speed, distance driven and timing transit.

2.4. Last Mile Navigation: The App Service enables the User to continue navigating to their final destination using their smartphone after parking their vehicle.

2.5. Valet Parking Mode: When activated and the vehicle is driven by another person, the User can monitor their vehicle location, the time ignition was turned off last, driving time, driving distance and top speed.

3. Vehicle Information

3.1. Vehicle Status: The App Service presents the User the following vehicle information in the UVO App:
3.1.1. Door status
3.1.2. Trunk/hood status
3.1.3. Climate status
3.1.4. State of charge of battery, charging plug status, charging status (electric vehicles only)
3.1.5. Fuel level
3.1.6. Seat heating and ventilation status
3.1.7. Windows status
3.1.8. Sunroof status
3.1.9. 12V battery status
3.1.10. Lights status

3.2. Vehicle Report: The User receives a report in the UVO App. The report includes vehicle diagnostic information and information on driving patterns. The User is informed about issues that require maintenance or repairs as well as information on the severity of the issue, the urgency of repairs/maintenance and the recommended actions.

3.3. Vehicle Diagnostic: Provision of an automated diagnostic App Service. Upon turning on the ignition, the vehicle automatically performs a diagnostics scan (Diagnostics Trouble Code (DTC)). If a malfunction is detected, the User receives a message explaining the malfunction detected, its severity as well as the recommended action to be taken.Alert & Security

4.1. Vehicle Alert: Provision of an alert notification system. Whenever the window is open while the ignition is off, the User will receive a notification message displayed in the UVO App.

4.2. Burglar Alarm (only for vehicles that are equipped with a burglar alarm system): Provision of an alarm notification system. Whenever the burglar alarm sounds, the User will receive a notification message displayed in the UVO App4.3. Battery Discharge Alarm: Provision of an alarm notification system. Whenever the 12V battery state of charge goes below a certain level, the User will receive a notification message displayed in the UVO App.

4.4. Rear Passenger Alarm: Provision of an alert notification system. Whenever there is movement detected on the rear seat, the User will receive a notification message displayed in the UVO App.

4.5. Vehicle Idle Alarm: Provision of an alert notification system. Whenever the vehicle is on the parking gear while the engine is running and a door is opened, the User will receive a notification message displayed in the UVO App.

v08-06-2020

KIA UVO
Personvernerklæring - UVO App

1. Introduction

This Privacy Notice of Kia UVO Connected GmbH, registered under the registration number HRB 112541, ("Kia", "we" or "us") applies to the collection and processing of personal data in connection with the provision of Kia UVO services ("App Services") via the UVO app ("UVO App"). We at Kia take your privacy very seriously and will process your personal data only in accordance with applicable data protection and privacy law.
We may change and/or supplement this Privacy Notice at any time. Such changes and/or supplements may be necessary in particular due to the implementation of new technologies or the introduction of new services. We will publish the changes on our websites and/or in the UVO App.

2. Controller

The responsible controller for any personal data collected and processed in connection with the provision of the App Services is Kia UVO Connected GmbH.

3. Contact Point and Data Protection Officer

3.1 If you have any questions about or in connection with this Privacy Notice or the exercise any of your rights, you may contact our customer call center:
Kia UVO Connected GmbH
Email: info@kia-uvo.eu
Ordinary mail: Theodor-Heuss-Allee 11, 60486 Frankfurt am Main
Phone: +44 3332022990

3.2 Alternatively, you may also contact our data protection officer:
Email: dpo@kia-uvo.eu
Ordinary mail: Data Protection Officer, Theodor-Heuss-Allee 11, 60486 Frankfurt am Main

4. Purposes, Legal Basis and Categories of Data

In connection with the App Services we collect and process your personal data only insofar as the collection and processing is necessary for the conclusion or the performance of the contract for the provision of the App Services (Art. 6 (1) b) GDPR), or legitimate interests (Art. 6 (1) f) GDPR). For further details on the App Services, please consult the respective service description in the UVO Terms of Use - App. The (personal) data described in Sections 4 below is collected directly from the UVO App and is processed in connection with the App Services.
We will further analyse and improve the App Services to develop new mobility and mobility related products and/or services, to secure our products and/or to improve our services. For these purposes, we automatically analyse the data based on statistical and mathematical models to identify potential for improvements.
The data described in Section 4 (except VCRM personal data) below is required to provide the App Services. Without the respective information, the App Services cannot be performed.
We process your personal data for other purposes only if we are obligated to do so on the basis of legal requirements (for example, transfer to courts or criminal prosecution authorities), 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 we will provide you with additional information, if appropriate. We do not engage in automated decision-making including profiling in connection with the App Services unless we have expressly notified you of such automated decision-making including profiling by other means.
If another person uses the UVO App connected to the same vehicle as you, such other user may see the vehicle's location data by use of the UVO App (using the "Find My Car" service) even if you are using the vehicle at this time. This is only possible with a three kilometers radius of the current location of the vehicle. However, the other user cannot access your live routes.

4.1 Sign-up process for UVO App:
To use the UVO App you need to sign-up. Establishing the link between the end user device on which the UVO App is installed and the respective car requires verification.
For this purpose the following categories of personal data are necessarily processed for the conclusion and/or the performance of the contract: email address, name, password, birthday, mobile number, verification PIN, Car ID, activation code.

4.2 Log-in process:
To use the UVO App services, you need to log-in. After logging in, you can add your vehicles and use the UVO services.
For this purpose the following categories of personal data are necessarily processed for the performance of the contract: email and password.

4.3 Home menu map and search bar:
The home menu map enables you to see your current location. The home menu search bar enables you to search for points of interest (POI).
For this purpose the following categories of personal data are necessarily processed for the performance of the contract: GPS data, search keyword, smartphone language setting.

4.4 Remote Climate Control:
The App Service enables you to remotely control and schedule the air conditioning of your electric vehicle including defrost functions via the UVO App.
For this purpose the following categories of personal data are necessarily processed for the performance of the contract: VIN, Car ID, date and time stamp, GPS data, odometer information, vehicle status information (air condition status, engine status, door/trunk/window/hood open/close status).

4.5 Remote Charging:
The App Service enables you to remotely initiate and stop the charging of an electric vehicle's battery and schedule the charging via the UVO App.
For this purpose the following categories of personal data are necessarily processed for the performance of the contract: VIN, Car ID, date and time stamp, GPS data, odometer information, vehicle status information (air condition status, engine status, door/trunk/window/hood open/close status, tire pressure status, brake/engine oil status, charging information, reserve charging information, charging time, charging plug type information).

4.6 Remote Door Control:
Remote Door Control (RDC) allows you to remotely lock/unlock the vehicle's doors via certain user interfaces. You will be able to lock all doors or unlock all doors. To ensure safety and security when using the service, the service will check several pre-conditions. The service can help in situations where you might not remember if you correctly locked the vehicle, allowing to perform this action remotely.
For this purpose the following categories of personal data are necessarily processed for the performance of the contract: VIN, Car ID, date and time stamp, GPS data, odometer information, vehicle status information (air condition status, engine status, door/trunk/window/hood open/close status, tire pressure status, gear/seat status, fuel level, brake/engine oil status).

4.7 Send to Car:
The App Service enables you to send a point of interest (POI) to the vehicle's navigation system and enables you to immediately receive location information once the vehicle's ignition is turned on.
For this purpose the following categories of personal data are necessarily processed for the performance of the contract: GPS data, VIN, Car ID, date and time stamp, point of interest (POl) information, search keyword, smartphone language setting.

4.8 Find my Car:
The App Service that enables you to locate the vehicle. The vehicle's location will be displayed in the UVO App.
For this purpose the following categories of personal data are necessarily processed for the performance of the contract: VIN, Car ID, GPS data, date and time stamp.

4.9 My Trips:
The App Service provides a summary of every journey with date and time, average and maximum speed, distance driven and timing transit.
For this purpose the following categories of personal data are necessarily processed for the performance of the contract: VIN, Car ID, GPS data, date and time stamp, driving information (run distance, average speed, max speed, sum of fuel consumption, total power consumption, electric power consumption, driving time, warm up time, average mileage).

4.10 Vehicle Status:
The App Service presents you the following vehicle information in the UVO App:
(a) Door status
(b) Trunk/hood status
(c) Climate status
(d) State of charge of battery, charging plug status, charging status (electric vehicles only)
(e) Fuel level
(f) Seat heating and ventilation status
(g) Window status
(h) 12V battery status
(i) Lights status

For this purpose the following categories of personal data are necessarily processed for the performance of the contract: VIN, Car ID, SIM ID, date and time stamp, GPS data, odometer information, vehicle status information (engine and gear status information, door, hood, trunk and sunroof status information, heating, ventilation and air-conditioning (HVAC) status information, battery, fuel and distance to empty (DTE) status information, fluids (washer fluid & brake oil) status information, tires, lamps, smart key status information, electric vehicle (EV) status).

4.11 Vehicle Report:
You receive a report in the UVO App. The report includes vehicle diagnostic information and information on driving patterns. You are informed about issues that require maintenance or repairs as well as information on the severity of the issue, the urgency of repairs/maintenance and the recommended actions.
For this purpose the following categories of personal data are necessarily processed for the performance of the contract: GPS data, VIN, Car ID, date and time stamp, vehicle status information (engine status), driving pattern information (car speed information (maximum and average speed), acceleration status information, distance driven, battery consumption information (for electric vehicles)).

4.12 Vehicle Diagnostic:
Provision of an automated diagnostic App Service. Upon turning on the ignition, the vehicle automatically performs a diagnostics scan (Diagnostics Trouble Code (DTC)). If a malfunction is detected, you receive a message explaining the malfunction detected, its severity as well as the recommended action to be taken.
For this purpose the following categories of personal data are necessarily processed for the performance of the contract: VIN, Car ID, date and time stamp, odometer information, results of the DTC scan, GPS data, vehicle status information (air condition status, engine status, door/trunk/window/hood open/close status, tire pressure status, gear/seat status, fuel level, brake/engine oil status, battery status).

4.13 Vehicle Alert:
Provision of an alert notification system. Whenever the window is open while the ignition is off, you will receive a notification message displayed in the UVO App.
For this purpose the following categories of personal data are necessarily processed for the performance of the contract: VIN, Car ID, SIM ID, date and time stamp, GPS data, odometer information, vehicle status information (engine and gear status information, door, hood, trunk and sunroof status information, heating, ventilation and air-conditioning (HVAC) status information, battery, fuel and distance to empty (DTE) status information, fluids (washer fluid & brake oil) status information, tires, lamps, smart key status information, electric vehicle (EV) status).

4.14 Burglar Alarm (only for vehicles that are equipped with a burglar alarm system):
Provision of an alarm notification system. Whenever the burglar alarm sounds, you will receive a notification message displayed in the UVO App.
For this purpose the following categories of personal data are necessarily processed for the performance of the App Services: VIN, Car ID, date and time stamp, GPS data, odometer information, vehicle status information (air condition status, engine status, door/trunk/window/hood open/close status, tire pressure status, gear/seat status, fuel level, brake/engine oil status).

4.15 Vehicle Customer Relationship Management (VCRM) data:
By activating "Product/Service improvement", data regarding the performance, usage, operation and condition of the vehicle will be processed by us in order to improve product and service quality based on your consent. Your consent is voluntary and can be withdrawn at any time by deactivating the respective button. Such a withdrawal will not affect the lawfulness of the processing prior to it. Once the data is collected and sent to our servers, we will anonymize it within 7 days. For the activation of "Product/Service improvement", also the activation of the geographic information system (GIS") is necessary due to technical reasons.
For this purpose the following categories of personal data are processed based on your consent: Air control system status information, battery status information, status information regarding technical and stability-related systems, dashboard usage and status information, air conditioning and heating-related information, engine, brake and powertrain-related status information, function-related status information, gear and consumption-related information, warning and assistance system-related information, steering and tire-related information, engine and charging-related information, electric vehicle (EV)-specific usage and status information, multimedia-related usage and status information as well as GPS and speed information.

4.16 User Profile Transfer:
The App Service enables the User to check and change vehicle settings on the UVO App. The User can back up settings information and apply it to his/her vehicle.
For this purpose the following categories of personal data are necessarily processed for the performance of the App Services: VIN, Car ID, user phone number, SMS authentication code, user PIN code, report time, vehicle setup information, system setup information, navigation setup information, navigation point of interest (POI) information, profile picture (if provided).

4.17 Last Mile Navigation:
The App Service enables the User to continue navigating to his/her final destination using his/her smartphone after parking his/her vehicle.
For this purpose the following categories of personal data are necessarily processed for the performance of the App Services and will be collected from the board unit and/or transferred from the vehicle's board unit: VIN, Car ID, SIM ID, address, name, location information of user and vehicle, waypoint information, time, speed.

4.18 Valet Parking Mode:
When activated and the vehicle is driven by another person, the User can monitor the vehicle location, the time ignition was turned off last, driving time, driving distance and top speed.
For this purpose the following categories of personal data are necessarily processed for the performance of the App Services: VIN, Car ID, SIM ID, valet mode status information (activation status, valet mode starting and ending time, run time, mileage time, idle engine time, maximum speed, run distance), vehicle indicators (location, speed, time, accuracy, direction).

4.19 Battery Discharge Alarm:
Provision of an alarm notification system. Whenever the 12V battery state of charge goes below a certain level, the User will receive a notification message displayed in the UVO App.
For this purpose the following categories of personal data are necessarily processed for the performance of the App Services: VIN, Car ID, SIM ID, battery status, vehicle status alert type.

4.20 Rear Passenger Alarm:
Provision of an alert notification system. Whenever there is movement detected on the rear seat, the User will receive a notification message displayed in the UVO App.
For this purpose the following categories of personal data are necessarily processed for the performance of the App Services: VIN, Car ID, SIM ID, date and time stamp, GPS data, odometer information, vehicle status information (engine and gear status information, door, hood, trunk and sunroof status information, heating, ventilation and air-conditioning (HVAC) status information, battery, fuel and distance to empty (DTE) status information, fluids (washer fluid & brake oil) status information, tires, lamps, smart key status information, electric vehicle (EV) status).

4.21 Vehicle Idle Alarm:
Provision of an alert notification system. Whenever the vehicle is on the parking gear while the engine is running and a door is opened, the User will receive a notification message displayed in the UVO App.
For this purpose the following categories of personal data are necessarily processed for the performance of the App Services: VIN, Car ID, SIM ID, date and time stamp, GPS data, odometer information, vehicle status information (engine and gear status information, door, hood, trunk and sunroof status information, heating, ventilation and air-conditioning (HVAC) status information, battery, fuel and distance to empty (DTE) status information, fluids (washer fluid & brake oil) status information, tires, lamps, smart key status information, electric vehicle (EV) status).

5. Your Rights

If you have declared your consent for any personal data processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.
Pursuant to applicable data protection law you may have the right to: request access to your personal data, request rectification of your personal data; request erasure of your personal data, request restriction of processing of your pe
rsonal data; request data portability, and object to the processing of your personal data. In addition, you also have the right to lodge a complaint with the competent data protection supervisory authority.
Please note that these aforementioned rights might be limited under the applicable national data protection law.

5.1 Right of Access: You may have the right to obtain from us confirmation as to whether or not personal data concerning you is processed, and, where that is the case, to request access to the personal data. The access information includes – inter alia – the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom the personal data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access.
You may have the right to obtain a copy of the personal data undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.

5.2 Right to rectification: You may have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

5.3 Right to erasure ("right to be forgotten"): Under certain circumstances, you may have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.

5.4 Right to restriction of processing: Under certain circumstances, you may have the right to obtain from us restriction of processing your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.

5.5 Right to data portability: Under certain circumstances, you may have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.

5.6 Right to object: Under certain circumstances, you may have the right to object, on grounds relating to your particular situation at any time to the processing of your personal data by us and we can be required to no longer process your personal data. Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.



5.7 Right to make arrangements for the storage and communication of data after one’s death: You have a right to make specific arrangements for the storage and communication of your personal data after your death, and we will act accordingly. You may also make general arrangements with a third party, which will let us know about your instructions in due time.

6. Recipients and Categories of Recipients

Any access to your personal data at Kia is restricted to those individuals that have a need to know in order to fulfill their job responsibilities.

Kia may transfer your personal data for the respective purposes to the recipients and categories of recipients listed below:

Private third parties – Affiliated or unaffiliated private bodies other than us that alone or jointly with others, determine the purposes and means of the processing of personal data.
For the purpose of providing the App Services we need to transfer data (e.g. to our data processors – see below). For this technical service we rely on telecommunication services provided by telecommunication providers (currently Vodafone GmbH, Ferdinand-Braun-Platz 1, 40549 Dusseldorf, Germany).

Data processors – Certain third parties, whether affiliated or unaffiliated, may receive your personal data to process such data on behalf of Kia under appropriate instructions as necessary for the respective processing purposes. The data processors will be subject to contractual obligations to implement appropriate technical and organizational security measures to safeguard the personal data, and to process the personal data only as instructed.
- The data processor for the technical infrastructure and maintenance of the App Services are Hyundai Autoever Europe GmbH, Kaiserleistraße 8a, 63067 Offenbach am Main, Germany and Hyundai MnSOFT Inc., 74, Wonhyo-Ro, Youngsan-gu, 04365, Seoul, Korea.
- The data processors for call center services are affiliates of Kia, which are located in the EU/EEA.
- Kia uses additional processors for specific services (e.g. map providers).

Governmental authorities, courts, external advisors, and similar third parties that are public bodies as required or permitted by applicable law.

7. Cross-Border Data Transfer

Some of the recipients of your personal data will be located or may have relevant operations outside of your country and the EU/EEA, e.g. in the Republic of Korea, where the data protection laws may provide a different level of protection compared to the laws in your jurisdiction and with regard to which an adequacy decision by the European Commission does not exist. With regard to data transfers to such recipients outside of the EU/EEA we provide appropriate safeguards, in particular, by way of entering into data transfer agreements adopted by the European Commission (e.g. Standard Contractual Clauses (2010/87/EU and/or 2004/915/EC)) with the recipients or taking other measures to provide an adequate level of data protection. A copy of the respective measure we have taken is available via our data protection officer (see 3.2 above).

8. Storage Period

8.1 Your personal data is stored by Kia and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the personal data is collected, in accordance with applicable data protection laws. When Kia no longer needs to process your personal data, we will erase it from our systems and/or records and/or take steps to properly anonymize it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which Kia is subject; e.g., personal data contained in contracts, communications, and business letters may be subject to statutory retention requirements, which may require retention of up to 10 years).

8.2 Where no legal or regulatory retention periods apply, as a rule, all personal data processed in connection with the provision of the App Services is deleted or anonymized immediately after provision of the individual services action has been completed with the following exceptions:
Log-in data are stored for the duration of the contract (i.e. up to seven years)

8.3 Reset of account: Your UVO account may be reset by setting the respective preference (e.g. in the UVO App). In such case, all personal data related to your UVO account will be deleted, unless retention periods apply (see 8.1 above). Upon reset of the UVO account, you will be logged out of the UVO App and will have to perform a new log-in procedure or log in with different credentials if you intend to use the App Services.

9. Offline Mode

You may choose to activate an Offline Mode by setting the respective preference. If Offline Mode is turned on all UVO functions are disabled and no personal data, in particular no location data (GPS), is collected.

10. Local Law Amendments

The following local law amendments apply:

Austria

Section 8.1 shall be amended as follows:
Your personal data is stored by Kia and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the personal data is collected, in accordance with applicable data protection laws. When Kia no longer needs to process your personal data, we will erase it from our systems and/or records and/or take steps to properly anonymize it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which Kia is subject; e.g., personal data contained in contracts, communications, and business letters may be subject to statutory retention requirements, which may require retention of up to 7 years. This retention period may be extended, in particular if necessary for the purposes of the legitimate interests pursued by Kia (for example due to threatening or pending litigation)).

Belgium

Regarding the data retention period under Section 8.1, in Belgium, personal data relating to the contractual relationship in contracts, communications or commercial letters may be stored for a duration up to 10 years as from the end of the contractual relationship between Kia and you. If such data are relevant in the frame of any administrative or judicial proceedings, they can be stored by Kia for the whole duration of these procedures, including the expiration of any recourse.

The contact details of the Belgian data protection authority are as follows:
Autorité de protection des données
Gegevensbeschermingsautoriteit
Rue de la presse 35
1000 Brussels
Tel: +32 (0)2 274 48 00
Fax: +32 (0)2 274 48 35
Email: contact(at)apd-gba.be

Hungary

Section 8.1 shall be replaced as follows:
Your personal data is stored by Kia and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the personal data is collected, in accordance with applicable data protection laws. When Kia no longer needs to process your personal data, we will erase it from our systems and/or records and/or take steps to properly anonymize it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which Kia is subject; e.g., personal data contained in contracts, communications, and business letters may be subject to statutory retention requirements, which may require retention of up to 8 years in case of accounting documents from their date of issue). If such data are relevant in the frame of any administrative or judicial proceedings, they can be stored by Kia for the whole duration of these procedures, including the expiration of any recourse.

The contact details of the Hungarian data protection authority are as follows:
Nemzeti Adatvédelmi és Információszabadság Hatóság
Address: H-1125 Budapest, Szilágyi Erzsébet fasor 22/C.
Phone: +36-1-391-1400
Fax: +36-1-391-1410
E-mail: ügyfelszolgalat@naih.hu

Italy

Regardless anything to the contrary as indicated in the above Privacy Notice, the following will apply to the extent Italian law will apply to the processing of your personal data: (i) in no event Kia will process your personal data for profiling purposes without your consent; (ii) if You are an existing customer and have provided Kia with your email address, and without prejudice to your right of object pursuant to point 5.6 above, Kia may send you marketing communications via email in relation to products or services similar to the products or services previously purchased by You; (iii) with reference to storage periods, Kia will retain personal data processed for marketing or profiling purposes, if any, for 24 and 12 months, respectively, unless the Italian data protection supervisory authority authorizes Kia to retain them for a longer period.

The contact details of the Italian data protection supervisory authority are the following:
Garante per la Protezione dei Dati Personali
Piazza Venezia n. 11 - 00187 Rome
www.gpdp.it - www.garanteprivacy.it
Email: garante@gpdp.it
Fax: (+39) 06 696773785
Tel: (+39) 06 696771

The Netherlands

Section 8.1 shall be amended as follows:
The standard statutory data retention period for general bookkeeping purposes is 7 years in the Netherlands. Note that this retention period may be extended, in particular if the applicable law so requires and/or if necessary for the purposes of the legitimate interests pursued by Kia (for example due to threatening or pending litigation).

Poland

Section 5.6. shall be amended as follows:
Right to object: Under certain circumstances, you may have the right to object, on grounds relating to your particular situation at any time to the processing of your personal data by us and we can be required to no longer process your personal data. Moreover, if your personal data is processed for direct marketing purposes, if you granted consent for the processing for such purposes, you have the right to withdraw at any time your consent for the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.

Section 8.1 shall be amended as follows:
Your personal data is stored by Kia and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the personal data is collected, in accordance with applicable data protection laws. When Kia no longer needs to process your personal data, we will erase it from our systems and/or records and/or take steps to properly anonymize it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which Kia is subject; e.g., the standard statutory data retention period for general bookkeeping purposes is 5 years from the end of the previous financial years in the Poland. Note that this retention period may be extended, in particular if the applicable law so requires and/or if necessary for the purposes of the legitimate interests pursued by Kia (for example due to threatening or pending litigation).)

The contact details of the Polish data protection authority are as follows:
Prezes Urzędu Ochrony Danych Osobowych
Urząd Ochrony Danych Osobowych
ul. Stawki 2
00 -193 Warszawa
Email: kancelaria@uodo.gov.pl

Slovakia

The contact details of the Slovak data protection authority are as follows:
Úrad na ochranu osobných údajov Slovenskej republiky
Hraničná 12
820 07 Bratislava 27
Slovak Republic
https://dataprotection.gov.sk/uoou/sk
Tel: + 421 2 32 31 32 14
E-mail: statny.dozor@pdp.gov.sk

Spain

Section 5.1 para. 2 shall be replaced as follows:
You may have the right to obtain a copy of the personal data undergoing processing. For further copies requested by You within six months unless there is legitimate cause to do so, we may charge a reasonable fee based on administrative costs.

Section 8 shall be replaced as follows:
8.1 Your personal data is stored by Kia and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the personal data is collected, in accordance with applicable data protection laws. When Kia no longer needs to process your personal data, we will block it and once the period for the statute of limitation has elapsed (e.g., personal data contained in contracts, communications, and business letters may be subject to statutory retention requirements, which may require retention of up to 10 year), we will erase it from our systems and/or records and/or take steps to properly anonymize it so that you can no longer be identified from it.

8.2 Where no legal or regulatory retention periods apply, as a rule, all personal data processed in connection with the provision of the App Services is blocked and subsequently erased or anonymized immediately after provision of the individual services action has been completed with the following exceptions:
Log-in data are stored for the duration of the contract (i.e. up to seven years)

8.3 Termination of account: If you choose to terminate your use of the App Services (e.g. by setting the respective preference in the UVO App) all personal data related to your UVO account will be blocked and subsequently deleted as explained above.


v08-06-20