Privacy Notice Concerning Personal Data contained within Road Clips collected as part of test drives

With this privacy notice we inform you about the processing of your personal data in connection with test drives, which are carried out by the following parties in joint responsibility within the meaning of Art. 26 General Data Protection Regulation (GDPR):

Volkswagen AG
Volkswagen AG, Berliner Ring 2, 38440 Wolfsburg, Germany, entered in the Commercial Register of the District Court of Braunschweig under no. HRB 100484 ("Volkswagen AG")

and

Volkswagen ADMT Hannover GmbH
Mecklenheidestr. 74, c/o Volkswagen Nutzfahrzeuge, 30419 Hannover, entered in the Commercial Register of the District Court of Hanover under no. HRB 222201 („ADMT“)

and

Mobileye Vision Technologies Ltd
13 Hartom St. Har Hotzvim, Jerusalem 9777513 Israel („Mobileye“).

In accordance with Art. 26 General Data Protection Regulation (GDPR), the parties have concluded an agreement regulating rights and obligations (so-called "Joint Controller Agreement").

Independently from the joint controller processing described below, Mobileye processes the same road clips (“Separate Processes") for own purposes as described in Mobileye's Privacy Notice ("Mobileye's Privacy Notice") available at the following website: https://www.mobileye.com/privacy-roadclips/

1. Description of the data processing

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.

2. Purposes for processing and Affected data categories

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 number plates; and
• Sounds captured withing the test vehicles.  

3. Recipients

Only those persons who need access to your data for the purposes mentioned above under Section B. 1. 

If the controllers share the above-mentioned data with 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. 

Service providers that are used by Volkswagen AG and ADMT receive data include:

• Companies of the Volkswagen Group that render services (e.g., development services) for Volkswagen AG
• Development service providers outside the Volkswagen Group
• Hosting service providers
• IT service providers

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 parties on request. Please use the contact details below.

If recipients are located in a country outside the European Union or the European Economic Area (so-called third country), the data may be transferred to a country in which there may not be an adequate level of data protection, i.e. comparable to that in the EU. For data transfers to third countries in which there is no adequate level of data protection, the controllers have taken appropriate measures, such as the conclusion of so-called EU standard data protection clauses, to protect your personal data.

4. Legal basis for data processing

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 purpose described in section B.2. 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.

Information about your rights, including the right to object to the processing of your personal data, can be found in Section C. of this statement.

5. Duration of processing and deletion of data

For the purposes mentioned in Section B.2, data is only stored for a maximum period of 15 years. 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/

Storage of your data for a longer duration may be necessary for the purposes of quality assurance and troubleshooting of the aforementioned systems after launch. Furthermore, we store your data in certain circumstances to preserve evidence for the purpose of asserting or defending against legal claims. Your data will always be deleted by the expiration of the applicable statutory limitation period at the latest.

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 E.

However, please note that these rights are necessarily limited due to the fact that neither of the parties collates nor indexes personal data (there is no mechanism allowing, for example, a search through the clips database for a frame or frames containing any particular vehicle or individual). As a result, it is highly unlikely that a party would be able to identify a particular individual within its clips database unless that individual could provide additional information, such as the location and time at which he/she believes the relevant clip or clips were collected. 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.

Right of access: You have the right to receive from us information regarding the processing of your personal data.

Right of rectification: You have the right to request immediate correction of incorrect or incomplete details of your personal data that we have stored.

Right to erasure: You have the right to request deletion of your personal data. Accordingly, for example, you can request deletion of your data if these data are no longer required for the purposes for which they were collected.

Right to restriction of processing: You have the right to request a restriction of the processing of your data. This may be the case, for example, if you contest the accuracy of your data. In such cases, you can request that processing be restricted for the duration of the review concerning the accuracy of the data.

Right of objection: If the data processing is based on an overriding interest, you have the right to object to processing of your data. An objection is permissible if processing is in the public interest or is carried out in the exercise of official authority, or takes place based on a legitimate interest of the corresponding party or a third party. In the case of an objection, we ask you to share with us your reasons for objecting to data processing.

Right of complaint: You also have the right to raise a complaint at a regulatory body (e.g., Data Protection Supervisor for the state of Lower Saxony) regarding our processing of your data.

In accordance with Art. 26 (3) GDPR you are entitled to assert your rights as a data subject against each of the controllers.

Clip-collecting test vehicles are marked with a sticker informing about the controllers as listed under Section A. 

Contacts for exercising your rights

For exercising your rights, you will find the contact persons of Volkswagen AG and ADMT as well as further information on the following website
https://datenschutz.volkswagen.de.

You may also exercise your rights against Mobileye. For more information, see
https://www.mobileye.com/privacy-roadclips/.

Data Protection Officer

The data protection officer of Volkswagen AG and ADMT is at your disposal as a contact person for data protection-related concerns:

Datenschutzbeauftragter der Volkswagen AG
Berliner Ring 2, 38440 Wolfsburg

dataprivacy@volkswagen.de

Mobileye's Data Protection Officer can be contacted at:

Mobileye Vision Technologies Ltd.
Hartom 13, Jerusalem 9777513, Israel

email: 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

privacy@mobileye.com

Version: March 2023