With this privacy notice we inform you about the processing of your personal data and about your rights as a data subject as affected in the area of test drives. For information on the processing of personal data in other areas, please refer to the respective specific privacy notices. We take the protection of your personal data very seriously. Your personal data will be processed exclusively in accordance with the applicable statutory provisions of data protection law, in particular the General Data Protection Regulation (hereinafter referred to as "GDPR").
1. Controllers and data protection officers
Responsible for the data processing as joint controllers in
terms of data protection law are:
Audi AG
Auto-Union-Str. 1, 85057
Ingolstadt, Germany
(“Audi AG”)
and
Mobileye Vision Technologies Ltd
Shlomo Momo Halevi 1 St
Har Hotzvim, 9777015
Jerusalem
Israel
(„Mobileye“).
In accordance with Art. 26 of General
Data Protection Regulation (GDPR), the parties have concluded an agreement
regulating rights and obligations (so-called "Joint Controller
Agreement").
If you
have any questions or suggestions regarding data protection, you can reach the Audi
AG data protection officer as follows:
Audi AG
Data Protection Officer
Auto-Union-Str. 1, 85057
Ingolstadt, Germany
Contact: datenschutz@audi.de
If you want to assert your data protection rights, please use the contact options available at
https://data-subject-rights.audi.com/
Mobileye’s data protection officer can be contacted at:
Mobileye Vision Technologies Ltd.
Shlomo Momo Halevi 1 St, Jerusalem 9777015, Israel
Contact: privacy@mobileye.com
Mobileye's representative within the European Economic Area, its affiliate:
Mobileye Germany GmbH
European Data Protection Officer
Lütticher Str. 132
40547 Düsseldorf
Separately from the joint controller processing described below, Mobileye processes the same road clips (“Separate Processes") as described in Mobileye's Privacy Notice ("Mobileye's Privacy Notice") available at the following website: https://www.mobileye.com/privacy-roadclips/
2. Subject of data protection
For the development and refinement of driver assistance and information systems as well as automated driving functions for active and passive safety and comfort functions, our test vehicles collect data from the environment using various sensors and video cameras in the vehicle. These process real images of public road traffic and may include vehicle license plates and people which may be regarded as personal data. Audi AG and Mobileye never identify individuals in the data records.
Certain test vehicles operated by each of the parties separately, or together, are fitted with prototype products which, as those vehicles are driven along the public road, collect and store a video-recording of the outside of the vehicle in the form of a series of clips. Occasionally, these clips also capture sound. Naturally, clips may contain personal data (which is information relating to an identified or identifiable natural person). The personal data in this case principally comprises: (i) facial images, and (ii) vehicle license-plates. (It should be noted that although clips may contain 'special categories of personal data', the collection of such data is incidental, and neither party certainly does not perform any processing or any other analysis on or in relation to them.)
The recorded environmental data is then securely transferred and stored in a secure database and used for the (further) development and validation of driver assistance and driver information systems as well as automated driving and comfort functions.
Based on these clips, in the context of real traffic and environmental situations, the comfort and safety of vehicles in particular are improved and autonomous vehicles and the associated systems for compliant and safe traffic participation are developed, tested and secured.
In addition, the recorded video data serves to ensure the functionality of the vehicle. The processing of the existing traffic infrastructure and the detection of vehicle surroundings, obstacles and environmental conditions (e.g. road grip or restriction of visibility due to air pollutants) as well as the road users including their direction of movement are necessary in order to derive the correct vehicle reaction.
Processing phases:
· Data collection
The collection
of clips is carried out with the help of sensors, cameras and other measurement
technology in and on the vehicle. All data is stored on encrypted data carriers
and, at the end of a test drive, securely transferred to the IT systems of
those responsible for further processing.
· Data storage
The data is
stored by the controllers in cloud systems of hosting service providers and
retrieved from there for later use. Those responsible exchange data between
their respective cloud systems and local servers in order to achieve the common
goal of developing autonomous vehicles.
·
Data usage
The stored data is used for further development and validation of advanced
driver assistance systems and automated driving functions.
3. Purposes and legal basis of data processing
For the purposes of (further) development, testing and validation as well as the implementation of quality assurance measures of driver assistance and driver information systems, automated driving and comfort functions as well as other services, the following personal data is collected and processed:
· Video recordings of road users (vehicles and people)
· Vehicles license plates; and
· Sounds captured withing the test vehicles.
Your personal data will only be collected, processed and transmitted for a specific purpose and only insofar as there is a relevant legal basis for this.
The following legal basis underlies the purposes described above:
The processing of your personal data takes place on the basis of a balance of interests pursuant to Art. 6 para. 1 lit. f GDPR.
The controllers have a legitimate interest in processing your data included in the clips for the above-mentioned purposes. This applies in particular to the development and validation of driver assistance systems and partially or fully automated driving functions which is expected to reduced road casualties and fatalities resulting increased road safety on public roads.
4. Change of purpose
If we process your personal data for a purpose other than that for which the data was collected, beyond the scope of a corresponding consent or a mandatory legal basis, we will take into account, in accordance with Article 6 paragraph 4 GDPR, the compatibility of the original and the now pursued purpose, the nature of the personal data, the possible consequences of further processing for you and the guarantees for the protection of the personal data.
5. Recipients of personal data
If the controllers share the above-mentioned data with their contracted service providers and / or other third parties (e.g. cooperation partners), this is done in compliance with the applicable data protection law. In the case of service providers, this is done on the basis of corresponding agreements for order processing within the meaning of Art. 28 GDPR.
In certain cases, we may also be obliged by public authorities to disclose certain data due to legal obligations such as:
§ Government authorities within the scope of their jurisdiction (e.g., the tax authorities, police, public prosecutor's office),
§ Courts,
§ Other third parties, insofar as you instruct us to pass on data or give your consent.
Service providers that are used by Mobileye receive data may include:
§ Companies of the Mobileye Group that render services for Mobileye.
§ Development service providers
§ Hosting service providers
§ IT service providers
These companies are involved in technology development and the evaluation of trials. Further information on the recipients of specific test drives will be provided by the responsible persons on request. Please use the contact details above.
6. Data processing in third countries
If a data transfer takes place to entities whose registered office or place of data processing is not located in a member state of the European Union, in another state party to the Agreement on the European Economic Area or in a state for which an adequate level of data protection has been determined by a decision of the European Commission, we will put in place transfer mechanism that ensures an adequate level of data protection with regard to the data transfer (e.g., through the agreement of contractual warranties, officially recognized regulations or binding internal data protection regulations at the recipient), or that you have given your consent to the data transfer.
7. Storage duration, erasure of data
We store your data for as long as this is necessary to provide our services to you or for as long as we have a legitimate interest in its further storage.
The storage period for data in connection with release processes and documents is subject to mandatory documentation retention for the series production of cars as well as the typical concept statuses in the context of cars in the automotive industry (but for a maximum of 35 years from creation).
In addition, Audi is subject to various retention and documentation obligations resulting from the German Commercial Code (HGB) or the Tax Code (AO), among other things. The period for retention and documentation specified in these regulations can range from two to ten years.
Finally, the retention period is also determined based on the statutory limitation periods, which, according to §§ 195 et seq. of the German Civil Code (BGB), for example and where applicable, may be up to thirty years, though the standard limitation period is three years.
Under certain circumstances, your data must also be kept for longer, e.g., if a so-called legal hold or litigation hold is ordered in connection with official or legal proceedings (i.e., a ban on deleting data for the duration of the proceedings).
Additionally, the data might be used for purposes that are pursued only by Mobileye and are therefore not covered by this joint privacy notice. Those Mobileye purposes might require different retention periods which may be found in the Mobileye privacy notice: https://www.mobileye.com/privacy-roadclips/
8. Rights of data subjects
You can assert the following rights toward each controller at any time, free of charge. The corresponding contact details for exercising your rights can be found in section 1.
Right to access: You have the right to receive information about your personal data stored by us.
Right to rectification and erasure: You can demand that we correct incorrect data and, if the legal requirements are met, delete your data.
Restriction of processing: You can demand that we restrict the processing of your data, provided that the legal requirements are met.
Data portability: If you have
provided us with data on the basis of a contract or consent, you may, if the
legal requirements are met, demand that the data you have provided us with are
handed over in a structured, common and machine-readable format or that we
transfer it to another controller.
Objection: You have the right to object at any time to data processing
by us based on the safeguarding of legitimate interests for reasons arising
from your particular situation. If you make use of your right to object, we
will stop processing the data unless we can prove compelling reasons for
further processing worthy of protection which outweigh your rights and
interests.
Right to lodge a
complaint with a supervisory authority: You can also lodge a complaint
with the competent supervisory authority if you believe that the processing of
your data violates applicable law. You can contact the supervisory authority
responsible for your place of residence or your country or the supervisory
authority responsible for us.
Please note, however, that we generally only process the captured real
images of public road traffic to record the environment of the vehicle. This is
to detect obstacles and other road users only to train the algorithm to
effectively avoid accidents in the future.
An identification of the recorded persons is therefore at no time in the
foreground and can, if at all, only be possible with additional information
(e.g. location, time and date, type of test vehicle, information about their
appearance, etc.).
Nonetheless, corresponding party will review and respond to any requests on a case-by-case basis. In the unusual case where an individual registers an objection with the driver of a corresponding party-operated test-vehicle in real or close-to-real time, drivers are instructed to make a record of such objections and to relay them for review. In such exceptional case, by contrast to the above, it would usually be possible to identify and delete the relevant clip or clips.
9. Distribution of tasks within the framework of joint responsibility
From the table below, you can see which of the joint controllers assumes which data protection obligations.
|
Task |
AUDI AG |
Mobileye |
|
Contact person for data subjects |
X |
X |
|
Information obligations pursuant to Art. 13 GDPR of data subjects when collecting personal data |
X |
X |
|
Processing of requests for information from data subjects in accordance with Art. 15 GDPR |
X |
X |
|
Processing of correction requests in accordance with Art. 16 GDPR |
X |
X |
|
Processing of deletion requests or restriction of processing in accordance with Artt. 17, 18 GDPR |
X |
X |
|
Processing of requests for surrender in accordance with Art. 20 GDPR |
X |
X |
|
Processing of objections in accordance with Art. 21 GDPR |
X |
X |
|
Notification of personal data breaches pursuant to Art. 33, 34 GDPR |
X |
X |
10. Effective date
The latest version of this Privacy Policy applies. This version dates from February 2025.
