AUDI AG, Ettinger Strasse 70, 85045 Ingolstadt, Germany, entered in the commercial register at the Local Court of Ingolstadt under the no. HRB 1, (hereinafter “Audi”) shall make Extended Vehicle available to the main user (“Main User” or “You”) on the basis of the following conditions of use (hereinafter “Conditions of Use”).
You can access, save and print out these Conditions of Use at any time under the “Conditions of Use” link available on myAudi.
1. Scope and purpose
Extended Vehicle allows you to grant third parties access to your vehicle’s telematics data. Telematics data is data (e.g. mileage) that your vehicle generates as part of the Audi connect services and which is stored in a back-end system of the Volkswagen Group. The purpose is to give third parties the opportunity to offer you individual and personalised services on the basis of the data. The third party can be either a company such as an insurance company, workshop, petrol station or charging terminal operator or a data market place. A data market place is an intermediary provider. It acts as a reseller and sells data to third parties. This also requires your express approval and a clear purpose.
The following data can currently be passed on to third parties for the use cases listed below:
1. Regular transmission of mileages and time stamps to insurance companies for the purpose of offering a custom-fit tariff. (“Pay as you drive”) 2. Regular transmission of the condition and position of individual vehicle components (e.g. door, bonnet, window controls, parking brake, light condition, etc.) to selected service centres so that they can point out irregularities on your vehicle. (“Vehicle status”) 3. Transmission of the accident severity and impact location (e.g. front, side, rear, etc.) on your vehicle to service companies in the event of an accident so that they can assist you. (“First notification of loss”)
2. Requirements for the use of Extended Vehicle
To make the functions of Extended Vehicle available to the Main User or secondary user, the Main User of the vehicle concludes a contract with a third-party provider, for example an insurance company, and gives their consent (in the favour of the third party) to passing on their data to the third-party provider. The User must have a myAudi account and be the Main User. In myAudi, the Main User grants approval to Audi AG, allowing it to pass on the data to a third party who can then pass it on to an insurance company. The number and type of data attributes are based on the respective specified use cases. The Audi connect services must be activated for forwarding.
3. Contract conclusion, possibility of correction and contract termination
The respective use cases and associated data on your vehicle that the third party would like to obtain are displayed to the Main User in the approval text of the respective request in the myAudi portal. The contract is concluded when the Main User confirms the release of the data in myAudi. The Main User can grant this approval with a simple click. Secondary users are informed of this data release via mail. Users of the vehicle who are neither the Main User nor a secondary user can request information on Extended Vehicle (especially whether a data release to third parties is active and which data is passed on) from the Main User. The Main User is obligated to inform all users of the data forwarding in the context of Extended Vehicle as well as the deactivation option in privacy mode.
Approval generally applies indefinitely. Each party has the right to cancel the usage agreement for Extended Vehicle without specifying reasons. Users of the vehicle have the possibility to deactivate data collection in the vehicle via the privacy settings in the vehicle. In addition, you can withdraw the data release via myAudi under “Privacy” > “Data release to third parties” by clicking on the “Withdraw release” button. Should the Main User change, the approval is withdrawn automatically and no more data processing takes place. Your data release also becomes invalid if AUDI AG or the third party ceases to provide the service or if an underlying contract, e.g. your insurance contract, is terminated.
The vehicle data is stored only temporarily. The existing data is overwritten by the new values that are generated while driving, for example. The last data sent by the vehicle is deleted after 10 days at the latest.
Please note that a withdrawal of the data release causes all personal data that were saved in connection with Extended Vehicle to be deleted with immediate effect. The use of myAudi and other connect services remains unaffected by this. If you have any questions, please contact customer support at firstname.lastname@example.org.
Audi’s liability on the basis of or in connection with the provision of Extended Vehicle is, in the case of a slightly negligent breach of a material contractual obligation pursuant to these Conditions of Use, limited to such damage as is predictable and typical for the contract. A “material contractual obligation” pursuant to these Conditions of Use is an obligation the fulfilment of which is material for the proper provision of performance pursuant to these Conditions of Use, the breach of which jeopardises the purposes of these Conditions of Use and the fulfilment of which you as a user may regularly rely on. Audi is not otherwise liable for slight negligence.
Audi’s liability for gross negligence or intent or for harm to life, limb or health and in cases of mandatory legal liability (e.g. under the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG)) is neither precluded nor limited by these Conditions of Use. Furthermore, liability is not precluded or limited in cases if and insofar as Audi has provided a guarantee.
Insofar as Audi’s liability is limited or precluded, this also applies to the liability of Audi’s legal representatives, employees and vicarious agents.
You undertake to indemnify Audi in unlimited fashion with respect to all damages, costs and expenditures, including reasonable costs of legal pursuit, that arise as a result of your negligent or intentional breach of these Conditions of Use.
5. Amendment of the Conditions of Use
Audi reserves the right to amend these Conditions of Use for legitimate reasons, in particular for legal, supervisory or security reasons, in accordance with the provisions of this section. The amended Conditions of Use will either (1) be published and communicated to the User at the latest 30 days before they are intended to become effective or (2) be communicated to the User when they use myAudi. They shall be deemed to have been agreed between Audi and the User if in the case of (1) (i) the User does not submit an objection prior to the intended effective date of the amendments to the Conditions of Use and (ii) the User is expressly notified in the amendment notice that failure to submit an objection is deemed to constitute acceptance of the amended Conditions of Use. Audi will draw the User’s particular attention in the amendment notice to the individual amendments and the consequences of forfeiting an objection. In the case of (2), the Conditions of Use are deemed to be agreed as effective between Audi and the User if the User actively agrees.
If you do not agree to the Conditions of Use, you can withdraw the data release via myAudi under “Data release to third parties” by clicking on the “Withdraw release” button.
6. Place of jurisdiction, applicable law
If the User is a merchant, a legal entity under public law or an entity defined under public law, the exclusive place of jurisdiction for all claims in connection with this contractual relationship is Ingolstadt, Germany. The same place of jurisdiction applies if the User has no general domestic place of jurisdiction, has moved their domicile or regular place of residence outside of Germany after conclusion of the contract, or their domicile or regular place of residence is not known at the time the suit is filed.
If the User is a consumer, Audi can bring an action against them only at the competent court for your place of residence or habitual abode; the User can bring an action against Audi either at the competent court for their place of residence or habitual abode or at any legally permissible place of jurisdiction.
All disputes arising from or in connection with Audi ID and myAudi and these Conditions of Use are governed exclusively by the law of the Federal Republic of Germany; application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Notwithstanding the above, if the User is a consumer, the law of the country in which the consumer has their place of residence or habitual abode at the time the contract is concluded applies. The application of mandatory provisions that restrict the choice of law, and in particular the applicability of mandatory legal provisions of the country in which the consumer has their habitual abode, such as consumer protection laws, remain unaffected by this.
7. Consumer information pursuant to Regulation (EU) No 524/2013 (Online Dispute Resolution) and pursuant to Section 36 of the German Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz – VSBG)
Information about the online resolution of disputes under consumer law and about alternative dispute resolution in consumer matters can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. Audi will not take part in a dispute resolution suit with a consumer arbitration body pursuant to the VSBG and is not obligated to do so.