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TELENAV PRIVACY POLICY FOR BYD VEHICLES

Version 2.0

Updated 2023, December 20th

This Telenav Privacy Policy (“Policy”) governs your use and access of certain services, products, or websites that we offered, including with or through our affiliates ("Telenav", “we”, “us”, “our”). By using or accessing our services, products, website, or otherwise by interacting with us, you acknowledge this Policy and agree to be subject to it. If you do not agree to this Policy, you are not entitled to use our services, products, or website(s). You acknowledge and understand that this Policy does not apply to our business partners or other companies that Telenav does not own or operate. For information on how our business partners and other companies process your Personal Data (as defined below), please consult their privacy policies. If you do not agree with the terms of this Policy, please do not use or access our services, products, or our website, or engage in any of these activities.

We are committed to protecting and respecting your privacy. This Policy describes our approach to data protection, data privacy and data security, including our compliance with various governmental regulations and requirements, and explains why and how we may collect, store, process and distribute your Personal Data to third parties. We also describe in this Policy your rights in relation to that information.

By “Personal Data”, we refer to data that relates to you as an identified or identifiable natural person. Personal Data includes, but is not limited to your name, your address, your telephone number including mobile telephone numbers, billing account number, mobile subscriber identifier, mobile equipment identifier, network address identifier, IP address, and your email address. Anonymous information, which we are not able to relate to an identifiable natural person is not Personal Data.

Except where stated otherwise in this Policy, Telenav is the Processor in relation to the Personal Data we may collect, store, process and distribute in accordance with this Policy.

The data Controller shall be BYD Auto Industry Company Limited., a company established and existing under the laws of China, having its registered office at No. 3001, 3007, HengPing Road, Pingshan, Shenzhen, P.R. China (“Controller”). Except for the processing carried out by us and described herein, please consult their Privacy Policy for any other categories of data collected, processed, or any other data processing activities carried out by the Controller.

Please refer to Section 6 (“Contacting Telenav”) for questions and requests you may have relating to this Policy.

1. INFORMATION COLLECTION AND USE

Depending on how you interact with us, we gather various information from different sources. You may provide some collected information directly to us (e.g., when you use our navigation service for route planning based on current geolocation information or search for nearby points of interest) and we may collect other information indirectly through your use of our connected navigation service (“Navigation Service”).

The Telenav Software harnesses the data collected for its navigation services to serve various processing purposes, including enhancing the user experience for electric vehicle (“EV”)users. This data facilitates a range of features, including robust search functionalities for locating EV charging stations, detailed brand-specific searches, and real-time tracking of the EV's battery status. The low battery detection alarm, triggered when the EV's battery reaches a critical level,leverages this data to automatically recommend the nearest available charging station, ensuring users are well-informed about their recharging options.Furthermore, the Software utilizes this data to estimate and display the EV's range on the map and route, providing valuable insights into travel planning.The EV trip planner leverages the current endurance data to optimize navigation with strategically planned charging stops along the way. Users can conveniently add suggested charging stations to their route with a single click, streamlining their journey. Additionally, the

Software offers high-speed/urban differentiated endurance estimations, intended for informational purposes.These estimates rely on the collected data to provide general guidance for planning routes and estimating endurance in various driving scenarios. However,users are advised to consider real-time factors, such as driving conditions,weather, and personal driving habits, and exercise caution when relying on these estimations for real-time decision-making while on the road. Users should make travel decisions by considering multiple factors beyond the Software's estimations for a safe and reliable journey.

Categories of personal data processed.

When you use the Navigation Service on BYD vehicles in connected mode to search for a point of interest, route, or address, wereceive, store, and process the following personal data:

(i) vehicle ID(hashed VIN);

(ii)  location data – namely your current GPS location and planned route and/or destination information.

(iii)  your addressor point of interest, search requests and search results selections and information regarding your electronic activity such as navigation usage history, when it was used, browser used, etc.

(iv) if you possess an EV, we may also collect the power capacity, the current power percentage and the car model.

(v) yourlocation, search histories, historical navigation destinations and route information, including your point of origin or current location, the address of your destination, the starting time of your trip, your points of interest,favorites, your pre-set Home/Office addresses, and other similar saved data,and the route you are instructed to follow. We may store this information locally or in our cloud database.

(vi) if we have your permission, we may access and use your mobile phone, callbook, storage or other related features to facilitate your usage of such directly within the navigation system.

You may view this Privacy Notice within the BYD navigation system by visiting the “Vehicle Settings.”

Each time you access the Navigation Service, we may record and store your location, search histories, historical navigation destinations and route information, including your point of origin or current location, the address of your destination, the starting time of your trip, your points of interest, favorites, your pre-set Home/Office addresses, and other similar saved data, and the route you are instructed to follow. We may store this information locally or in our cloud database. If the data will be stored locally in-vehicle, the Controller, namely BYD may allow you to directly delete the collected data.

Processing purposes

We use Personal Data to provide navigation and search services to you and may also use this information to provide, improve, and enhance our products and services. It may also be shared with BYD in an aggregated/anonymized format. You may view this Privacy Policy within the navigation system by visiting the "Navigation System Settings."

During an active navigation session, we periodically process your current location, data from your vehicle's sensors, and GPS heading and speed from the GPS hardware associated with your vehicle in order to provide you with your route or traffic flow data. Our Navigation Service also uses your current location or route to respond to your requests for nearby points of interest (such as gas stations, restaurants, shopping, etc.). We maintain a database with these locations and route information and may use such information to improve our database, map coverage and to provide other features that may enhance our service capabilities, functions, and user experience, including your own user experience. We may also record your engine on/off events data to provide an accurate Home Area map data update mechanism. We may store your navigation application usage data for providing a user behavioral analysis to provide a better application experience purpose. For the processing foreseen in the present paragraph, Telenav shall act as a controller and may share such location data in anonymized form with our third-party partners performing research and analysis about traffic conditions and road segment usage.

We may monitor traffic within the Telenav Software to improve your user experience, including optimizing performance and resolving technical issues. Also, we may use the data for analytics and measurement to understand how our services are used. For example, we analyze data about your usage of the Telenav Software to do things like optimize product design.

As a Controller strictly in relation to our Software, we may also collect, store, process and distribute Personal Data For the fulfillment of Telenav's legal obligations in the context of the services provided through Telenav, including financial, accounting, tax, and archiving obligations. We collect and other information that you voluntarily provide to us, including in response to our requests. It is entirely your decision whether to provide the requested information, but certain features of our Telenav Platform may not be available if you elect not to provide the requested information (e.g. if you want to submit a support request but are unwilling to provide us with your name and email address).

Additional Processing purposes

The statistical or aggregated information we may collect, and store does not directly identify a specific person, but we may derive such information from Personal Data. For example, we may aggregate Personal Data to calculate the percentage of users in a particular country. If we combine other information with Personal Data, we will treat the combined information as Personal Data. We may process such Personal Data as part of our performance of a contract with you, or part of your undertaking to enter into a contract with us. We store all such information we collect confidential and will only use the information for the particular purpose for which we originally collected, or you provided. We will seek your specific permission for any additional use. We do not barter, trade, or sell access to your information without your specific consent.

Legal Basis for Processing Personal Data

Telenav processes your Personal Data in accordance with the applicable data protection laws. We therefore process your Personal Data for the following legal grounds:

  • for the performance of a contract to which you are a party or in order for us to take steps at your request prior to enter into a contract.
  • for the purposes of our legitimate interests or those of a third party.
  • for compliance with a legal obligation to which we are subject – e.g. providing the necessary guarantees, the obligation to archive certain documents/information according to the archiving rules or other applicable regulations.
  • based on your consent

2.SAFEGUARDING PERSONAL DATA

Your privacy is important to us, and we maintain reasonable and appropriate security procedures to protect your information from loss, misuse and unauthorized access, disclosure, alteration, and destruction, taking into due account the risks involved in the processing and the nature of the Personal Data. For instance, Telenav limits access to Telenav systems that store such information to authorized personnel. Telenav also uses the Secure Sockets Layer (SSL) protocol to ensure our transmission of Personal Data is secured through encryption.

While Telenav maintains various security measures to prevent unauthorized access to or disclosure of your Personal Data, no security measures are absolute or wholly guaranteed. We recommend you protect yourself against any unauthorized access to your account by keeping your password and log in credentials confidential.

If required by law, we will notify you if it determines there were unauthorized acts that violate the law or this policy, or other security breaches.

3. RETENTION OF PERSONAL DATA

Telenav has implemented policies and rules regarding the retention of personal data that fully comply with the Applicable Data Protection Laws. The retention periods are determined to serve the purposes for which they are collected and processed and are reviewed periodically to meet the standards relating to the limitation of data storage.

The length of time we retain Personal Data, and the criteria we use for determining that time, are dependent on the nature of the Personal Data and the purpose for which it was provided. For example, we retain your Personal Data related to managing your application account (such as name, email address, account content and preferences) for as long as they are retained by you within your account. We may typically maintain other data, such as records of your activity within the application, for a short period before anonymizing such data for further authorized use. We may also retain your Personal Data for other purposes permitted under Applicable Data Protection Laws, including, for example, the defense of any legal claims. We may keep Personal Data based on what is applicable to the product or service you are using.

If there are no contrary legal or contractual obligations, we will delete or anonymize your data once the storage or processing period has expired as part of our usual processes.

You may contact privacy@telenav.com to obtain additional information about our retention policies regarding your Personal Data.

4. SHARING OF PERSONAL DATA

4.1. Telenav affiliates and authorized third parties.

While as a rule we do not disclose your personal data to any third parties, we may share Personal Data with our affiliates, partners, vendors or agents working on our behalf for the purposes described in this Policy and if this is needed to perform our services, to observe a legal obligation or if it is in our legitimate interest to do so. For example, we may hire companies to assist with protecting and securing our systems or services and to support the purposes described in Section 1. We may share Personal Data with the following categories of recipients: hosting providers, cloud SaaS software, payment providers, email service providers, security and authentication providers, user support providers, advertising providers, marketing providers, analytics providers.

Any vendor or agent that we retain must comply with our data privacy and security requirements and this Policy and are not allowed to use Personal Data they receive from us for any other purpose. We remain responsible and liable under data protection laws if third-party agents we engage to process Personal Data on our behalf do so in a manner inconsistent with the applicable data protection laws, unless we prove that we are not responsible for the event giving rise to the damage.

4.2.International Transfers of Personal Data

Our products and services may be provided using resources and servers located in various countries around the world, depending on the scope of your interactions with Telenav and depending of your location. Therefore, specifically for this product, we or our partners, vendors, or agents may process and store your Personal Data as indicated under Chapter 1, within the following locations and in accordance with the following purposes related to each site:

  • European Economic Area (Frankfurt, Germany) - Europe-based servers operate the cloud services and critical infrastructure for connected services related to users across Europe.
  • Americas (Virginia, United States) - US-based servers manage cloud services and critical infrastructure for connected services related to users across North and South America
  • Asia Pacific (Singapore) - Asia-based servers (Singapore) manage cloud services and critical infrastructure for connected services related to users in Southeast Asia, Australia and New Zealand and South Asia.

Whenever we transfer personal information to other jurisdictions, we will ensure that the information is transferred in accordance with this Policy and that, prior to any transfer, there is a legal basis for such a transfer and that adequate protection for your Personal Data is provided as required by applicable law, for example, by using Standard Contractual Clauses (“SCCs”) approved by the European Commission or relevant authorities (where necessary) and by requiring the use of other appropriate technical and organizational information security measures. You may contact the Telenav privacy team at privacy@telenav.com to obtain additional information about the safeguards we take in connection with such transfers.

4.3. Mandatory Disclosures

We will comply with any subpoenas, court orders or other legal processes for any of the information about you in our possession, and we may use such information to establish or exercise yours, ours, or others’ legal rights, or to defend against legal claims. We also may be required to disclose Personal Data in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

4.4. Mergers and Acquisitions

If we decide to sell, buy, merge or otherwise reorganize our businesses in certain countries, this may involve our disclosing Personal Data to prospective or actual purchasers and their advisers, or receiving Personal Data from sellers and their advisers. In case of such disclosures of Personal Data, we will comply with all applicable privacy requirements.

5. AUTOMATED DECISION MAKING

To the extent that the fulfillment of some of the above processing purposes will be achieved by using computer techniques that do not involve the presence of a human factor, which will lead to legal effects on you, or which may similarly significantly affect you, the processing will be based on your express consent for this purpose or another legal basis, as required by law. In this regard, this document will be updated whenever necessary to ensure that you are properly informed. We do not use such processes at this time. For details on automated decision-making processes, please contact the following address:  privacy@telenav.com.

6. YOUR RIGHTS

You have specific statutory rights under the General Data Protection Regulation (“GDPR”) regarding the Personal Data Telenav processes about you. These are briefly explained below,and you can exercise them by using the contact information details under the“Contacting Telenav” section.

  • The right to know what Personal Data we hold about you and the right to access it. To the extent that your request is manifestly unfounded or excessive, we reserve the right to charge a reasonable fee (taking into account the administrative costs of providing the information or communication or taking the action requested) or refuse to act on the request.
  • The right to correct incomplete and/or incorrect Personal Data concerning you.
  • The right to delete your Personal Data.
  • The right to object to or restrict the processing of your Personal Data, in certain circumstances. If you object, and your objection is justified, we will no longer process your Personal Data or we will adjust accordingly our processing activities. On the contrary, if the legitimate reasons described by us as a justification for the processing prevail the reasons you described, we will inform you of the reasons why we are entitled to continue with the processing of your Personal Data.
    You may object, at any time and without giving any reason, to the processing of your Personal Data for direct marketing purposes.
  • The right to portability, meaning the right to receive the Personal Data you have provided us with and, if technically possible, request that we transfer your Personal data to another organization, under certain circumstances.
  • The right to revoke your consent at any time and without giving any reasons, where the processing of your Personal Data is based on your consent. Such withdrawal shall have no impact to the data processing activities that have taken place before the withdrawal or to any other further processing activity of your Personal Data which is justified by an existing legal justification. Please note if you revoke your consent, we may not be able to continue providing certain services to you.
  • The right not to be subject to any automatic individual decisions which produce legal effects on you or similarly significantly affect you.
  • The right to lodge complaints before the competent data protection authorities. The authority responsible for Telenav is the National Supervisory Authority for Personal Data Processing, Bucharest, 28-30 General Gheorghe Magheru Boulevard, District 1, PC 010336, Romania.

If you wish to exercise the above-mentioned rights in relation to us, please contact us in writing bye-mail at privacy@telenav.com.

Please note that conditions,exceptions, or restrictions apply to these rights under applicable data protection law (for example, to protect third parties or trade secrets). We will inform you accordingly, where applicable.

You also have the right to file a complaint with the data protection authority and to defend your rights in front of a competent court. We are committed to always treating your requests with the utmost attention and address any queries you may have in the shortest time possible.

7. CONTACTING TELENAV

You may contact us using the following contact information:

Telenav, Inc
Attention: DPO
4655 Great America Parkway, Suite 300
Santa Clara, CA 95054, US
Phone: (866) 686-0192
Email: privacy@telenav.com

If you are a resident of a European Union member state or the European Economic Area you may direct your questions or complaints by sending an email to privacy@telenav.com.

With respect to any notice or request you may provide under this Policy, we will verify your identity, or the identity of your authorized agent submitting the request on your behalf, and we will then comply with your request. We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Data and the risk of harm to you by unauthorized disclosure or deletion as applicable. We may require you to provide additional personal data to verify your identity before we can process your request.

8. ABOUT THIS POLICY

Other Agreements

Telenav may enter into written product or service agreements with customers that contain specific provisions related to confidentiality, security or other handling of information. If this Policy conflicts with any provision of those terms and agreements (both US and international), those terms and agreements govern to the extent of the inconsistency. In all other instances, the terms of this Policy apply.

Governing Law

By choosing to use our Telenav Platform, or otherwise provide information to Telenav, you agree that any dispute over privacy or the terms contained in this Policy will be governed by the laws of the State of California, United States of America; provided,however, (i) this Policy shall be governed by the GDPR, if GDPR applies: or(ii) such other governing law as may be mandated by the jurisdiction in which you reside. Except where prohibited by applicable law (which may include Quebec), you also agree to arbitrate such disputes and to abide by any limitation on damages contained in our Terms of Use, Terms and Conditions of Service, or other applicable agreement we have with you.

Telenav is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Changes to this Policy

We may update this Policy according to changes in our business functions, measures concerning the protection of Personal Data and applicable laws. If we make changes to this Policy, We will publish any changes on our website page on www.telenav.com/legal, and we will notify you through the Navigation APP in vehicle. Where changes to this Policy will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise any rights you may have.

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