Effective Date: December 17, 2015
- Information that vehicles collect, generate, record or store in electronic form, which is retrieved from the vehicle by us or on our behalf, and which is linked or reasonably linkable to (a) the vehicle from which the information was retrieved, (b) the owner of the vehicle or (c) the registered user of Technologies and Services; and
- Information that you may provide during the subscription or registration process for Technologies and Services.
- The types of Covered Information we may collect
- How we may use Covered Information
- How we may share Covered Information
- Choices that vehicle owners and registered users of Technologies and Services have regarding their Covered Information
- How vehicle owners and registered users of Technologies and Services may access, review and correct their Covered Information
- How to contact us with questions about the collection, use and sharing of Covered Information
CONSENT AND INCORPORATION
OVERVIEW AND SCOPE
Third Party Products and Services
As a convenience to our vehicle owners and registered users of Technologies and Services, we may offer the ability to use certain third party products and services, such as your mobile phone, mobile applications, with your vehicle. For example, these third party products and services may include data services through your mobile phone carrier, Android Auto and Apple® CarPlay. These third party products and services are not owned or controlled by Hyundai and we are not responsible for the privacy practices of the third parties that provide such products and services or the terms and conditions under which they offer such products. You use such third party products and services at your own risk. If you choose to use such third party products and services, we strongly encourage you to read the privacy policies and terms and conditions of such third parties to make sure they are acceptable to you.
THE TYPES OF COVERED INFORMATION WE MAY COLLECT
We collect Covered Information when you use, subscribe to, or register for, Technologies and Services. The Technologies and Services available on Hyundai vehicles include Blue Link®, navigation technologies, telematics system used with our Tucson Fuel Cell vehicle and vehicle diagnostic tools.
Subscription and Registration Information
Certain Technologies and Services require you to register or subscribe prior to use. When you subscribe to or register for Technologies and Services, we may collect Covered Information, including:
- First name
- Last name
- Home Address
- Email address
- Telephone number
- Work Address
- Credit card number (solely for payment purposes)
- Vehicle Identification Number (VIN)
- Vehicle usage information
Information Collected by the Technologies and Services
When you use the Technologies and Services, we may collect Covered Information collected, generated, recorded or stored by the Hyundai vehicle, including:
- Information about your vehicle, such as:
○ Model year
○ Engine type
○ Service data
○ Mechanical condition
○ Incidents involving vehicle
- Diagnostic data, such as:
○ Trouble codes
○ Freeze frame data
○ Tire pressure
○ Battery voltage
○ Coolant temperature
○ Oil temperature
○ Service requirements
- Eco-related driving performance data per trip, such as:
○ Vehicle greenhouse gas emissions
- Information about your use of the Technologies and Services, such as:
○ Customer chosen points of interest for navigation
○ Search content
○ Information about individuals making a Blue Link call from vehicle or subscriber account
○ Date, time and duration of calls
- Information about use of your vehicle, such as:
○ Direction of travel
○ Time of travel
○ Odometer reading
○ Fuel level
○ Refuel indication
○ Date of refuel activity
○ EV Battery Status – Charge Level, range, charging status
Geolocation and Driver Behavior Information
HOW WE MAY USE COVERED INFORMATION
We will only use and share Covered Information in ways that are consistent with the context in which the Covered Information was collected and are committed to making reasonable and responsible use of Covered Information. We may use Covered Information:
- As reasonably necessary to provide requested services
- To respond to a possible emergency or other situation requiring urgent attention
- To conduct research or analysis for Technologies and Services, vehicles, vehicle safety and security
- To diagnose or troubleshoot vehicle systems
- For our operational purposes
- To prevent fraud and criminal activity or to safeguard Covered Information associated with vehicle owners or their vehicles
- To improve products and services or develop new offerings associated with Technologies and Services, vehicles, vehicle safety, security, or transportation infrastructure
- To provide you with notices about your account and subscriptions
- To communicate with vehicle owners and registered users of Technologies and Services, including to provide vehicle owners and registered users of Technologies with information about goods and services that may be of interest to them
- To protect the safety, property, or rights of Hyundai, vehicle owners or others
- In any other way we may describe to you when you provide Covered Information
- For any other purpose with your consent
HOW WE MAY SHARE COVERED INFORMATION
We may disclose Covered Information as follows:
To Our Service Providers
We share Covered Information with our third party service providers and other third parties we use to support our business, including our third party service providers that help us provide you with the Technologies and Services. Our agreements with these service providers require them to use your Covered Information only as necessary to assist us.
To Defend Our Rights or Comply with the Law
We reserve the right to disclose your Covered Information based on the good faith belief that such action is necessary or appropriate to: (a) comply with any court order, law or legal process, including to respond to any government or regulatory request; (b) protect and defend our rights or property; and (c) protect the rights, property or safety of Hyundai, our affiliates, our customers or others.
In the Event of a Change of Control
With Our Affiliate Companies
Independent Vehicle Repair and Service Providers
We may share Covered Information collected by the diagnostic tools with independent repair business you choose to provide you with repair, maintenance and other services related to your vehicle.
In Aggregate Form
We may aggregate Covered Information so that does not identify any individual or vehicle. We may share such aggregate information for any lawful purpose without restriction.
With Your Consent
Other than the cases above, we won’t disclose your Covered Information for any purpose unless you consent to it in some way, including by your continued use after notice.
SECURITY OF YOUR COVERED INFORMATION
We employ industry standard data security measures designed to protect the security, confidentiality and integrity of Covered Information. However, the security of Covered Information transmitted through wireless carriers or the Internet cannot be guaranteed. We are not responsible for any interception or interruption of any communications transmitted through wireless carriers or the Internet or for changes to or losses of data. Users of the Technologies and Services are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to the Technologies and Services. In order to protect you and your Covered Information, we may suspend your use of any of the Technologies and Services, without notice, pending an investigation, if any breach of security is suspected. We will retain Covered Information in accordance with our record retention policies and applicable law. Note that after the applicable retention period expires, Covered Information may be deleted and may not be retrievable.
YOUR PRIVACY CHOICES
You can decline to subscribe to or use Technologies and Services such as Blue Link® (by not subscribing), the Tucson Fuel Cell vehicle telematics system (by selecting a different Hyundai vehicle) and the navigation technologies (by not using them). We do not allow you to “turn off” the collection of Covered Information by the diagnostic tools. This is so that we and our affiliates, our independent dealers and others who you may choose to service your Hyundai vehicle can access the diagnostic data to provide appropriate repair, maintenance and other safety-related services. If you decline to subscribe to or use any Technologies or Services, those Technologies and Services will not collect Covered Information. Please note, however, that if you decline to subscribe to or use any Technologies or Services, those Technologies and Services will be unavailable to you.
- For email, you may opt-out at any time by using the unsubscribe mechanism within the email. The unsubscribe mechanism allows you to manage your subscription preferences to email alerts and special offers. Notwithstanding the above, this mechanism does not allow you to opt-out of receiving transactional email, such as registration confirmation, vehicle updates and responses to direct requests.
- For calls or direct mail, you may opt out at firstname.lastname@example.org or by calling (800) 633-5151.
- If the information you have provided will be available to third parties for marketing purposes, you will also be given the opportunity to opt-out from this practice at email@example.com or by calling (800) 633-5151.
- You also may write to us directly if you wish to: (a) ask that we not share your Covered Information with third parties for marketing purposes; or (b) opt out or request that we cease sending you promotional or other information via calls, mail or email. Such written requests should be sent to Hyundai Motor America/Phoenix, P.O. Box 83835, Phoenix, AZ 85071-3835.
If you have opted out of receiving future emails from us, we will implement your opt-out request within ten (10) business days of receiving the opt-out request. If you have opted out of receiving future promotional materials by regular mail, we will implement your opt-out request within a commercially reasonable time. In those instances, we will retain your information in a “do not promote” file in our database, and you will receive no further communications from us as required by law.
HOW TO ACCESS, REVIEW AND CORRECT YOUR COVERED INFORMATION
You may access, review and correct your Technologies and Services subscription and account information, as well as certain other Covered Information, at any time by emailing, calling or writing us at the address below or by updating your Covered Information directly on the “My Account” page of myhyundai.com. For Blue Link® services, you may also press the Blue Link® button in your vehicle and speak to a Blue Link® agent at any time.
YOUR CALIFORNIA PRIVACY RIGHTS
Under California Civil Code Section 1798.83, also known as Senate Bill 27, or “Shine the Light” law California residents with whom we have an established business relationship are entitled to request and receive, free of charge, once per calendar year, a copy of Hyundai’s California Information Sharing Disclosure Notice about the customer information we shared, if any, with other businesses for their own direct marketing uses in the previous calendar year. You may call (800) 633-5151 or email us at firstname.lastname@example.org to request a copy. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” law requirements and only information on covered sharing will be included in our response.
EFFECTIVE DATE AND CHANGES TO THIS POLICY
CLASS ACTION WAIVER
You may only resolve disputes with us on an individual basis and may not bring and expressly waive bringing a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
APPLICABLE LAW AND JURISDICTION
All matters relating to the Technologies and Services are governed by the laws of the State of California in the United States irrespective of its conflicts of laws provisions. In the event that Hyundai wishes to pursue legal action against you, it may bring such legal action in any federal or state court having jurisdiction. Lawsuits against Hyundai must be brought in federal or state court in Orange County, California.
HOW TO CONTACT US WITH QUESTIONS