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UVO Connect Legal Documents

UVO CONNECT LEGAL DOCUMENTS

Terms of Use – KIA Account
1. Introduction
1.1 KIA wants to offer you services to make your KIA experience as safe, effortless and enjoyable as possible. Therefore, KIA introduces an account ("KIA Account"), which can be used to use services provided by KIA and/or external companies. These services include online services, apps and other software services.

1.2 In case of questions on the KIA Account, please call our customer call center under +44 333 202 299 0.

2. Terms of Use
2.1 By ticking a box in the acceptance process, you accept these "Terms of Use" and conclude an agreement with Kia UVO Connected GmbH, Theodor-Heuss-Allee 11, 60486 Frankfurt, Germany (hereinafter referred to as "KIA", "we", "us" or "our") on the creation and use of an unique KIA Account (as described further in section 3 below) for the access and/or management of the related services, which are further described in and are subject to "Special Terms of Use". Such Special Terms of Use may restrict the use of the services and/or may require the connection of the KIA Account with one or more KIA vehicles. In the event of a conflict between these Terms of Use and the applicable Special Terms of Use, the Special Terms of Use shall prevail.

2.2 You are only permitted to use the KIA Account if you are of legal age.

2.3 If your device(s) are not equipped with the necessary technical features or if they do not meet the requirements of these Terms of Use, we shall not be obliged to provide you with the KIA Account.

2.4 The use of the KIA Account 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 KIA Account. These are subject to a separate agreement (including charges) with the provider of your telecommunication services.

3. KIA Account
3.1 You may only use the services with your KIA Account. A KIA Account is a unique, personal and non-transferable account pursuant to which KIA grants you access to certain services.

3.2 The use of the KIA Account is free of charge.

3.3 In order to gain access to certain services, you may have to link / connect your KIA Account to one or more KIA vehicles. This is set out in the applicable Special Terms of Use.

3.4 The information you provide for the creation of a KIA Account shall be accurate. The data collected in connection with the KIA Account includes: your name, your email address, your date of birth, your phone number, the password, the fact that you accepted these Terms of Use, verification PIN, Car ID and activation code.

3.5 The KIA Account shall be created for use in accordance with these Terms of Use. We can reach you under the email address you provided when registering your KIA Account in the context of KIA Account, if required.

4. Changes to Terms of Use
We may reasonably change these Terms of Use or functionalities of the KIA Account from time to time. Changes will be notified to you by email or in another form of notification. If you do not object 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 you about the right to reject and the consequences of being silent.

5. Restrictions of Use
5.1 You may not use the KIA Account in violation of the provisions of these Terms of Use.

5.2 Furthermore, you must not use the KIA Account in a manner that violates applicable laws or regulations, such as intellectual property rights or traffic regulations. A use that threatens the security of the KIA Account, as well as a use that could jeopardize or impair the technical infrastructure of KIA or a third party or the use of the KIA Account by other customers is also prohibited. In addition, you must not damage, disable or otherwise interfere with the KIA Account or introduce into the KIA Account any viruses, "worms", malware, spyware, "trojans" or any other harmful code or program that could compromise the operation of the KIA Account.

5.3 The KIA Account requires a password. You must choose a password that is sufficiently secure for third parties. We can set rules on what counts as a sufficiently secure password. You are responsible for keeping your password secret and not disclosing it to a third party. If you suspect that a third party has received unauthorized access to your password, you shall immediately change the password. If you suspect that a third party has been given unauthorized access to KIA's services with your KIA Account, please contact our customer service (see section 1.2) immediately.

6.Intellectual Property Rights
6.1 The entire content of the KIA Account is the property of KIA, its direct or indirect subsidiaries and 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 KIA Account, 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 KIA Account 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 KIA Account for any public or commercial purpose without our prior permission.

6.2 Nothing in these Terms of Use shall be construed as granting a licence or right to use any image, trademark, KIA 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 KIA Account and will enforce such rights to the full extent of applicable copyright and trademark law.

7. User Content
KIA does not claim ownership of content you make available through the KIA Account, and nothing in these Terms of Use limits your rights to use such content.

8. Liability
8.1 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.

8.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for the willful 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.

8.3 Sections 8.1 and 8.2 apply accordingly for KIA's liability for wasted expenditures.

8.4 You are obliged to take reasonable efforts for the prevention and minimization of damages.

9. Data Protection
For information on how we collect and process personal data in connection with the KIA Account please refer to our Privacy Notice - KIA Account. Specific information about data processing associated with services other than the KIA Account can be found in the Privacy Notices of the respective service.

10. Term
10.1 You may use the KIA Account as of the day you registered for the KIA Account.

10.2 You can stop using the KIA Account at any time. In such case, these Terms of Use cease to apply.

10.3 We reserve the right to permanently or temporarily block and/or revoke the use of the KIA Account in case of material breach of these Terms of Use and, in case of material breach of these Terms of Use, to terminate the Terms of Use.

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 KIA Account 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 KIA Account if explicitly accepted by us in writing.

11.3 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.

v08-08-2019

Privacy Notice – KIA Account
In order to provide you with all the functionalities associated with KIA Account, KIA needs to process certain data.

1. Controller
Kia UVO Connected GmbH, a German legal entity with the commercial register number HRB 112541 and the official company address Theodor-Heuss-Allee 11, 60486 Frankfurt, Germany, hereinafter "KIA", "we" or "us", is responsible for the processing of all personal data as explained below.

2. Contact Details
If you have any questions etc. about or in connection with this Privacy Notice or would like to complain about our handling of your personal data or exercise any of your rights (see 6 below), please contact us by using the above contact details or:

Kia UVO Connected GmbH
Email address: info@kia-uvo.eu
Telephone: +44 333 202 299 0

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

3. Purpose and Legal Basis for Processing
We process your personal data, that you provide in connection with your registration of your KIA Account and the further use of your account. The purpose of our processing is to manage your KIA Account (from logging in until the possible termination of the KIA Account), to provide you with all KIA Account features, to ensure and giving you access to our services for which a KIA Account is required and to notify you of updates to the KIA Account.

The legal basis for our processing of your personal data is the fact that this processing is required for the fulfillment of our contract with you regarding the KIA Account (Art. 6 (1) (b) EU General Data Protection Regulation ("GDPR")) or based on the legitimate interests of KIA (Art. 6 (1) (f) GDPR).

Any further data processing regarding particular telematics services is subject to separate Privacy Notices for the respective service(s).

Please note that we process your personal data for other purposes only if we are obligated to do so on the basis of legal requirements (e.g., 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 may provide you with additional information.

4. Categories of Personal Data
The data collected in connection with the KIA Account includes your name, your email address, your date of birth, your mobile phone number the password, the fact that you accepted the Terms of Use, verification PIN, Car ID and activation code.

5. Recipients and Categories of Recipients of Personal Data
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.

Your personal data may be processed for the respective purposes by 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.

? 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 KIA Account is Hyundai Autoever Europe GmbH, Kaiserleistra?e 8a, 63067 Offenbach am Main, Germany.

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

6. Cross-border Data Transfers
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 2 above).

7. Storage Period
Your personal data is stored by us and/or our service providers, to the extent necessary for the performance of our obligations and for the time necessary to achieve the purposes for which the personal data is collected, in accordance with applicable data protection laws. When we no longer need 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 we are 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. If applicable, any other personal data will in principle be deleted 5 years after the termination of the respective related contractual relationship between you and us, if applicable).

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

You also have the right to lodge a complaint with a data protection supervisory authority. To exercise your rights please contact us as stated in 2 above.

8.1 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.

8.2 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.

8.3 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.

8.4 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.

8.5 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.

8.6 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.

v08-08-2019

Kia UVO
Terms of Use - Head Unit
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.

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

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, Kaiserleistra?e 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:

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:

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

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
Privacy Notice - 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 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 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, Kaiserleistra?e 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:

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