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, communication 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, communicate, 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:

By using the vehicle location and theft recovery service, you consent and acknowledge that the location function will be activated.

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.

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.

When you use the Service, our servers automatically record certain log file information (“Server Logs”). These Server Logs may include 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.

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.

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, if we collect your personal information from a third party, we do so 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 the 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.

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 and obtain your consent when required by applicable law.

We will process your personal information for the purposes described in this Privacy Notice. Otherwise, we will not process your personal information without your consent.

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, France, 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. If you live in Quebec, you acknowledge that your personal data may be communicated outside of Quebec. 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, France 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 contractually require that our Third Party Processors do the same.

We ensure that our personnel and our Third Party Processors access and use personal information on a “need to know” basis to properly perform their duties, and, even then, only 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.

Depending on where you are located, your rights may include the right to access, rectify, update, request deletion, or request a portable copy of the personal information that is in our custody or under our control or to withdraw your consent to the collection of your personal information.

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 means by which we have collected your personal information; (4) the business or commercial purpose for collecting, using, communicating, or disclosing your personal information; (5) the categories of persons who have access to the information within OpenTV; (6) the duration of the period of time the information will be kept and (7) 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. Following the processing of your correction or update request, we will notify the third parties to whom we have communicated your information so that they may also update the personal information they hold concerning you.

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. Please note that we may have a legal right or other obligation to maintain certain information about you, irrespective of your request for deletion. 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. Please refer to data privacy laws in your geographic location for specific rights that may be provided in addition to the general description above.

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 receipt of the verifiable consumer request. 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 and that we have no other reason to keep it. 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 after being notified of this modification. In accordance with our requirements under Californian privacy regulation, 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, you have the opportunity to tell us your preference and we are notified of your choice not to allow sales of your personal information. For avoidance of doubt, even if you have not activated the button, we will not sell your personal data without a notification and requesting your permission.

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. Philippe Stransky-Heilkron, Senior Vice President, 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. In the event of material changes, as determined by us in our sole discretion, 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.