RecovR and RecovR for Keys Privacy Notice

Effective as of: October 16 th , 2023 for RecovR for Keys

Effective as of: November 15 th , 2023 for RecovR

OpenTV Inc. (doing business as, “Kudelski IoT”) and its affiliates (collectively,

“OpenTV”, “we”, “us”, “our”) respect and uphold individual rights to privacy and the

protection of personal information while balancing such rights with our need to process

your personal information to manage our business and deliver our services to you. We

have developed this privacy notice (the “Privacy Notice”) to explain our practices for

processing your personal information in connection with our vehicle location and theft

recovery service as well as our vehicle key finder service (the “Service”).

Please read this Privacy Notice carefully. By using the Service, or otherwise

providing us with your personal information, you are hereby consenting to our

collection, use, and disclosure of your personal information in accordance with

this Privacy Notice. If you do not consent to the practices described in this

Privacy Notice, you may not continue to use the Service.

OpenTV provides 2 different services for individuals through its products: 1) with

RecovR: a vehicle location and theft recovery service, and 2) with RecovR for Keys: a

vehicle key finder service.

Depending on your subscription, the Service uses (1) an application installed on your

mobile phone (“Mobile App”).(2) the RecovR vehicle location and theft recovery device

(“Device”) located in a vehicle, which transmits information concerning the vehicle’s

physical location, and (3) the RecovR for Keys tags (“Tags”) provided with each vehicle

key and/or key fob delivered with your purchased or leased vehicle. For RecovR for

Keys, the Service operates by receiving location information from the Tag when it is

physically near the mobile device on which the Mobile App is installed. When the Tag is

not physically near the mobile device, its current location will not be transmitted, but the

Mobile App will continue to show the last location where the Tag transmitted location

information and which transmits information concerning the keys’ physical location.

The Device and Tags are defined as (“RecovR Products”).

This Privacy Notice describes our practices with respect to how we may collect, use,

disclose, retain, dispose, and otherwise process (collectively, “process” or

“processing”) your personal information in connection with the Service and how you

may correct, update and access your personal information. This Privacy Notice only

applies to the Service and does not relate to our handling of personal information in

connection with our other products and solutions, which may be governed by their own

privacy terms.

Likewise, the Mobile App may contain links or direct you to other websites, software,

service providers, or Internet resources (the “Other Providers”) that are provided solely

for your convenience, benefit, and information. When you click on one of those links,

you are contacting another website, software, service provider, or Internet resource. We

are not responsible or liable for, nor have control over, those Other Providers or how

they process your personal information. We encourage you to read the privacy policies

of those Other Providers to learn how they process your personal information.

For the purposes of this Privacy Notice, “personal information” means any identifiable

information about an individual, except any information otherwise exempted by the

applicable laws.

We collect the following information when you buy the RecovR Products at your vehicle

dealer and sign the RecovR vehicle location and theft recovery device agreement

(“Terms and Conditions” or “Agreement”), create a RecovR account on the Mobile

App or communicate with us:

a) Location Data

For Device:

When you use the vehicle location and theft recovery service, we may access, collect,

monitor, and/or remotely store location data, which may include GPS coordinates (e.g.

latitude and/or longitude) or similar information regarding the location of your Device

(“Location Data”). Some features of the vehicle location and theft recovery service,

particularly location-based services, may not function properly if the use or availability of Location Data is impaired or disabled.

Your mobile phone configuration settings will not impact the access to or collection of

Location Data, as Location Data is collected through the Device, not the mobile phone.

The Location Data is sent to the backend, processed there and the location of the

device is sent back to the Mobile app. We may share this information with third parties

that serve as our service providers for purposes related to the provision of the vehicle

location and theft recovery service. .

For Tags:

. When you have subscribed to the vehicle key finder service, the location information of

your Tags is collected and processed locally by the Mobile App and is not sent, stored,

or collected by OpenTV.

Your mobile phone configuration settings will impact the access to or collection of

location information of your Tag. . You have the right to withdraw from your previously

given consent to give access to the mobile phone locations service and Bluetooth

service to allow the Mobile App to function correctly and deliver the vehicle key finder

service.

b) Log file information

When you use the Service, our servers automatically record certain log file information

(“Server Logs”). These Server Logs may include anonymous information such as your

Internet Protocol (IP) address, operating system, phone model, phone OS version

number of position requests performed and how you interact with links on the Service

and other similar types of information.

The information contained in Server Logs is used to monitor, assess, manage, diagnose

problems with, improve and otherwise administer the Service. We may share this

information with third parties that serve as our service providers for purposes related to

the provision of the Service.

c) Product identifiers

When you access the Service by or through the Mobile App, we and/or our service

providers may access, assign, collect, monitor and/or remotely store one or more

unique Product-specific identifiers, such as a universally unique identifier (UUID)

(“Unique Identifiers”). Unique Identifiers are small data files or similar data structures

stored on and/or associated with mobile phones, which uniquely identify your mobile

phone. A Unique Identifier may be data stored on your mobile phone, data stored by the

mobile phone's operating system or other software, or data sent to your mobile phone

by us.

d) Cookies

The Mobile App does not use any cookies.

We collect personal information that we need for the purposes described within this

Privacy Notice. We encourage you to not provide us with any personal information

beyond what is necessary and as requested by us.

We do not knowingly collect your personal information from a third party unless you

consent or we are otherwise exempted, required or permitted by applicable laws to do

so. For example, we may collect your personal information from the following third

parties:

If we collect your personal information from a third party, we will process that information

for the specific purpose for which it was provided to us in accordance with this Privacy

Notice and the policy under which that information was collected.

We do not knowingly collect personal information from individuals under age 13, and the

Service is not meant to be used by such individuals. If you are under the age of 13, you

may not use the Service or submit any personal information through the Mobile App. If

you have reason to believe that we may have accidentally received personal information

from an individual under age 13, please contact us immediately at

[email protected] for RecovR and RecovR for Keys so that we may take

appropriate steps to remove such personal information and prevent further access to

the Service.

We will use your personal information we collect for the following purposes:

· providing the Service to you, including to tailor content and information that we may

send or display to you, to offer location customization, and personalized help and

instructions, and to otherwise personalize your experiences while using the Service;

· communication of service-related notices to you;

· to respond to your customer service enquiries;

· marketing our products to you, including, determining relevant advertising content and

media, evaluating the success of our advertising campaigns (including, to the extent

that you have, at the creation of your account on the Mobile App, opted-in to receiving

communications, communicating with you by telephone, text message or email about

our products and services). You may stop receiving electronic messages (other than

Service-related notices) from us at any time by clicking on the "unsubscribe link"

provided in such communications; and

· for our own purposes, including to share your personal information with our

employees, contractors, consultants and third-party service providers such as

connectivity services providers, application and other technology development

providers, hosting providers, payment processors or customer service agencies (“Third-

Party Processors”) who use this information to assist us with establishing, maintaining,

managing and improving our relationship with you and optimizing and providing our

Service, Mobile App and RecovR Products for your use and benefit.

In addition to the above, we may use your personal information when required to

comply with applicable laws, to prevent fraud, abuse, as otherwise described in this

Privacy Notice or for other purposes that we may communicate to you from time to time.

We will process your personal information for the purposes for which we intend to

process such information as described in this Privacy Notice. Otherwise, we will not

process your personal information without your consent.

We may disclose your personal information as follows:

· to our employees and contractors who have a need to know such information. Such

employees may include staff from our marketing department, sales department,

customer service department, legal and finance departments and IT department;

· to our Third-Party Processors that perform functions on our behalf, including

application and other technology development providers, hosting providers, connectivity

services providers, payment processors and customer service agencies. We use

contractual or other means to protect personal information disclosed to such service

providers;

· to partners in business transactions for the potential sale of all or part of our business

or assets or to merge with another business to the extent that certain information is

relevant to such transactions. In such cases, the information that is shared is limited to

what is necessary to accomplish the transaction, and we take steps to protect the

information from improper use or disclosure. Upon completion of the transaction, your

information may be transferred to the purchaser to be used in the same manner that it

was used by us in accordance with this Privacy Notice;

· to our affiliates, including parent and subsidiary companies, so that those entities may

assist us in providing the Service to you. Each of these entities will process information

in accordance with this Privacy Notice;

· to third parties when we have your consent to do so, except as otherwise prohibited by

law; and

· to law enforcement, government or regulatory bodies, other lawful authorities or when

otherwise legally required to do so.

In addition to the above, please note that we will process and store your personal

information that we collect in accordance with this Privacy Notice in both the United

States and Canada. We also employ employees and consultants and use service

providers in the United States, Canada, Mexico, India, Austria, Spain, UK, Ireland,

Germany and Switzerland and, as noted above, share information with our affiliated

companies, many of whom are located in these countries. By using our Service, or

otherwise by choosing to provide us with your personal information, you acknowledge

and consent to the processing of your personal information in the countries noted above

in accordance with this Privacy Notice and as may be further identified when the

personal information is collected. You further acknowledge and understand that by

storing and processing your personal information in these countries, your personal

information may be accessible to law enforcement and regulatory authorities in such

jurisdictions, including under the USA PATRIOT Act, the USA Freedom Act and other

applicable laws of the United States, Canada, Mexico, India, Spain, UK, Ireland,

Germany Austria and Switzerland.

The security of your personal information is important to us. We follow and employ

generally accepted industry standards as appropriate to the sensitivity of your personal

information. We take physical, administrative, contractual and technological safeguards

to protect personal information, and insist that our Third Party Processors do the same.

We insist that our personnel and those of our Third Party Processors access and use

personal information on a “need to know” basis to properly perform those duties, and

even then to the strict extent necessary to perform them.

However, no method of transmission over the internet, or method of electronic storage,

is completely secure; as such, despite our safeguards and protocols, we cannot fully

guarantee the security of your personal information and you should always exercise

caution when disclosing personal information over the internet.

Applicable privacy laws allow, to varying degrees, individuals the right to access and/or

request the correction of personal information that is in our custody or under our control.

You have the right to request from us the following information: (1) the categories and

specific pieces of personal information we have collected about you; (2) the categories

of sources from which your personal information is collected; (3) the business or

commercial purpose for collecting or selling your personal information; and (4) the

categories of third parties with whom we share personal information.

You have the right to review, correct and update your personal information we have

under our custody or control.

You have the right to an explanation of how we have used or may use your personal

information.

You have the right to object to certain data processing operations or ask us to restrict

processing of your personal information.

If OpenTV has collected and processed your personal information based on your

consent, you have the right to withdraw such consent at any time.

You understand that your ability to undertake the foregoing actions in respect of your

personal information may be limited to the extent that such personal information is

required in order for OpenTV to provide the Service, and in such cases, your decision to

undertake such actions may impact OpenTV’s ability to provide the Service to you.

You have the right to request that we delete any of your personal information that we

collected from you and retained, subject to certain exceptions. Once we receive and

confirm your verifiable consumer request, we will delete (and direct our service

providers to delete) your personal information from our records within a commercially

reasonable time, unless an exception applies. You understand that your ability to

undertake the foregoing actions in respect of your personal information may be limited

to the extent that such personal information is required in order for OpenTV to provide

the Service, and in such cases, your decision to undertake such actions may impact

OpenTV’s ability to provide the Service to you.

To exercise any of the rights listed above, please submit a verifiable consumer request

to us by either emailing us at [email protected] for RecovR and RecovR for

Keys or calling us at 833-255-9557 in the USA or 844-716-2472 in Canada. Please note

you may only make a verifiable consumer request for access or data portability twice

within a 12-month period.

Please note that we must verify the identity of the requestor. You may designate an

authorized agent to make a request on your behalf by providing proof of a valid power of

attorney, your valid government issued identification, and the authorized agent’s valid

government issued identification. We cannot respond to requests where the identity and

authority of the requestor cannot be confirmed.

Any disclosures we provide will only cover the 12-month period preceding the verifiable

consumer request's receipt. If we are unable to comply with a request, we will inform

you of the reason why.

We will respond to requests within the time allowed by applicable privacy laws and will

make every effort to respond as accurately and completely as possible. Our Privacy

Officer will assist you with such an access request.

In certain exceptional circumstances, we may not be able to provide access to certain

personal information we hold about you (such as if the information would reveal

personal information about another individual). If we cannot provide access, we will

notify you within 30 days, in writing, of the reasons for the refusal.

We keep your personal information for as long as we need it for the purposes set out in

this Privacy Notice. However, our business records retention policy requires that we

keep business records for at least two years. Therefore, our Service records will include

records of your use of our Service, unless you request deletion of those records as

provided herein. We ensure that our retention standards meet these parameters by

destroying or erasing your personal information once we no longer need it, or once the

required retention period passes.

We do not currently sell personal information. Should we decide in the future to sell

personal information, we will not sell your personal information unless you give us

permission. In the Mobile App under “About/ My Data,” you will find a button labeled “Do

Not Sell my personal information.” If you activate this button, we will be notified of your

choice not to allow sales of your personal information.

In addition, the laws of some states in the USA define the term “sale” broadly such that

it may be deemed to include how we use third-party services to provide the Service. We

use these third-party services to provide the Service to you as specified in section 6

above (“How we share your personal information”). If you do not want us to share your

personal information to provide the Service as specified in section 6, please refer to

section 9 above (“Your right to request deletion of your personal information”). However,

you understand that your decision not to allow us to share your personal information

may impact our ability to provide the Service to you.

If you choose to exercise any of your rights described herein, you will not be denied any

goods or services, charged different prices or rates, or be provided a different level or

quality of goods or services, except to the extent you have requested to delete personal

information that is required for the Service to operate properly.

You can direct any questions or concerns regarding our compliance with this Privacy

Notice and our processing of your personal information by emailing the Privacy Officer,

Mr. Paul Velich, Director Legal Affairs, at [email protected] for RecovR and

RecovR for Keys, calling us at 833-255-9557 in the USA or 844-716-2472 in Canada or

writing us at OpenTV Inc., Attn: RecovR Privacy, 5090 N 40th St, Suite 450, Phoenix,

AZ 85018, USA.

We may update this Privacy Notice to reflect changes to our information practices from

time to time. If we make any material changes we will either (a) notify you by email (sent

to the email address listed in your account), or (b) provide a notice on the Mobile App

before the change becomes effective. Any change to this Privacy Notice will apply to

existing information, as well as information collected onwards from the date that the

Privacy Notice is posted or on the date as specified in the notification.

You will find the date of the latest update at the top of this Privacy Notice. We

recommend that you print a copy of this Privacy Notice for your reference. We

encourage you to periodically review this page for the latest information on our privacy

practices to ensure you are aware of any changes. Your continued use of the Service

signifies your acceptance of any changes to this Privacy Notice.