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Telenav Privacy Policy for BYD Vehicles

Version 1.3

Updated 2023, May 18th

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”).

When you use the Navigation Service on BYD vehicles in connected mode to search for a point of interest, route or an address we receive and store (i) a unique hashed identifier assigned by BYD; (ii) your current GPS location and planned route and/or destination information, (iii) your address or point of interest search requests and search results selections; (iv) and information about your use of the location and routing search service, its performance and your related actions and selections.  We use this information to provide the 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 aggregated, anonymized format. 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. During an active navigation session, we periodically record 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 make use of your current location or route in order 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 for providing an accurate Home Area map data update mechanism. We may record your navigation application usage data for providing a user behavioral analysis to provide better application experience purpose. We may share such location data in anonymized form with our third-party partners performing research and analysis about traffic conditions and road segment usage.

In order to provide comprehensive after-sale support and resolve service-related issues promptly, when you encounter an issue and reach out to your dealership for assistance, we may collect and export system logs from your vehicle's system. System logs contain valuable information that can help us identify and troubleshoot technical bugs efficiently. By collecting and analyzing these logs, we can enhance the overall performance and reliability of our products. In all cases, these logs are used solely for engineering analysis and bug troubleshooting purposes. The data obtained from the logs is anonymized and securely stored.

We collect and export system logs based on our legitimate interest in providing efficient and effective after-sale support. By analyzing these logs, we can diagnose and address technical issues more accurately, thereby improving the quality of our services. The collection and export of system logs are crucial to ensure the optimal functioning of your vehicles’ systems and to fulfill our legal and commercial obligations.

We may also collect, store, process and distribute Personal Data 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 request for support, but are unwilling to provide us with your name and email address).

Additional Processing of Data

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 entering 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
  • 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

We will retain your Personal Data for no longer than we believe is reasonable or necessary for the purposes outlined in this Policy. The length of time we retain Personal Data, and 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 law, including, for example, defense of any legal claims. We may retain, Personal Data based on what is applicable to the product or service you are using. You may contact the privacy@telenav.com to obtain additional information about our retention policies regarding of your Personal Data.

4.  SHARING OF PERSONAL DATA

Telenav affiliates and authorized 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. 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 providers for employee recruiting, 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.

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 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 these transfers.

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.

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.  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.

6.  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.

7.  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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