Terms of Use of Location-Based Services for the Audi Connect Service

CHAPTER 1 GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of these terms of use of location-based services (“Terms”) for the Audi Connect Service (“Service”) is to set forth the respective rights and obligations of Audi Volkswagen Korea Co., Ltd. (“Company”) and users of the Service (“User”) who have agreed to the terms of use and service agreement for the Service (“Agreement”).

Article 2 (Effective Date and Changes to These Terms)

① These Terms shall become effective when a customer applying for the Service or a personal location information subject agrees to these Terms and registers as a User in accordance with the procedures prescribed by Company.
② By reading these Terms and clicking online the “I agree” button to these Terms, User hereby consents to having fully read and understood these Terms as well as to their application.
③ Company reserves the right to make revisions to these Terms to the extent such revisions do not violate the Act on Protection and Utilization of Location Information (“Location Information Act”), the Content Industry Promotion Act, the Consumer Protection Act on Electronic Commerce, Etc., the Framework Act on Consumers, the Act on the Regulation of Terms and Conditions, and any other relevant laws and regulations.
④ In cases where Company revises these Terms, Company shall specify the existing terms, revised terms, the enforcement date of the revised terms, and the reasons for such revisions. Company shall then provide notice of such revisions at least ten (10) days prior to their scheduled effective date and maintain notice for a considerable period of time following the effective date. If any revisions are disadvantageous to User, Company shall provide notice of such revisions on the online homepage of the Service at least thirty (30) days prior to their scheduled effective date and maintain notice for a considerable period of time following the effective date. Further, separate notice of revisions shall be provided individually to User via electronic form (e.g., electronic mail, SMS).
⑤ If User, after having received notice in accordance with the preceding Paragraph ④, fails to communicate his/her objection to such revisions within seven (7) days after their effective date, User shall be deemed to have agreed to such revisions. User shall be entitled to terminate the Agreement if he/she objects to any proposed revisions.

Article 3 (Application of Relevant Laws)

These Terms shall be applied fairly, based on the principle of good faith, and any matters that are not prescribed herein shall be determined in accordance with relevant laws and established commercial practice.

Article 4 (Details of the Service)

① The Service provided by Company shall be as follows, provided, however, that depending on the type of vehicle purchased or the options that User has selected at the time of the purchase, the details of the Service may be different or the use thereof may be partially restricted.
[※ Below is a full list of Services provided by Company, and services indicated below as “*” refer to location-based services that use location information.]

Category

Item

Description

Car-related

Services

DWA Push

Provides the User with a push notification via an app when the vehicle’s anti-theft alarm is triggered

Remote Horn & Light

Allows the User to activate the horn and headlights via an app from a short distance to verify the location of the vehicle

Remote Auxiliary Heating

Allows the User to turn on the heater via an app prior to entering the vehicle (*only available on TDI models)

* Geofencing

Informs the User when the vehicle leaves a pre-defined geofencing area

* Curfew / Speed / Valet Alert

Informs the vehicle owner when the vehicle exceeds predefined time or speed limits

Audi Connect e-tron services

Connected service for electric cars (e.g., indicates battery charge status)

Remote Lock / Unlock

Allows the User to lock / unlock vehicle doors via an app

* Car Finder

 

Allows the User to find the location of the vehicle in an outside parking lot

Vehicle Status Report

Allows the User to check the status of vehicle including the fuel level, door lock/unlock status, location information, etc.

* E-Call (SOS-Call)

 

Enables call centers to recognize the occurrence of serious accidents (e.g., deployment of front passenger seat air bags) to the vehicle and to support contacting with the third party agency (e.g., ambulances) accordingly

* Online Roadside Assistance

Enables call centers to recognize the location of vehicles and provide appropriate support (e.g., tow trucks) when vehicle owners connect to the call center after the occurrence of a vehicle malfunction or emergency situation

Audi Service Request

Enables service centers to recognize in advance when regular checkup sessions are due in order to provide support to the User (e.g., advance reservations)

Infotainment Services

* Speed Cameras

Provides information on speed limit zones

* Audi Connect e-tron charging stations

(In the case of electric cars) Provides information on locations of charging stations, etc.

* Weather

Provides weather information for relevant areas

* Travel Guide

Provides travel information including nearby tourist attractions

Wi-Fi Hotspot

Provides WiFi connection inside the vehicle upon insertion of driver’s personal SIM card or purchase of  a separate communications data package (*services may be provided differently depending on vehicle model)

* Satellite Maps

Provides satellite or aerial map information

* Fuel Price Information

Provides information on nearby gas stations and their operating hours and fuel prices

Online Radio

Radio broadcasting service via streaming (*available upon insertion of driver’s personal SIM card or purchase of  a separate communications data package - services may be provided differently depending on vehicle model)

* Natural Wording Speech Dialog / POI Voice Search

Enables the use of vehicle’s infotainment system or navigation system through voice recognition

* Connected
Navigation

Navigation service which is linked with the server in real-time and provides functions such as travel route calculation via online and map data updates, etc.

* Navigation Data Update

Provides updates on navigation data through the myAudi website (installed in vehicle using SD card)

* Destination Entry

Enables the User to pre-enter navigation destinations via the myAudi website or an app

* Traffic Information Online

Provides real-time traffic information

* Parking Information

Provides information such as parking lots with vacancies, operating hours, parking fees, etc.

② The respective fees for the Service set forth in the preceding Paragraph ① shall be determined in accordance with Article 5 of these Terms.
③ In case there exists a proper reason, Company shall be entitled to make changes to the Service, in whole or in part, in accordance with operational and technical requirements.
④ For the avoidance of doubt, vehicle terminal devices are designed to be used exclusively with vehicles and are not equipped with functions regular handsets such as smartphone devices offer.

Article 5 (Service Fees)

① Among the Car-related Services set forth in Article 4 of these Terms, E-Call and Online Roadside Assistance shall be provided free of charge for a period of ten (10) years from the vehicle registration date (i.e., date when new registration or amendment registration is completed in accordance with the Motor Vehicle Management Act and is recorded in the motor vehicle register, same definition to apply to “vehicle registration date” hereinafter). Other Car-related Services and Infotainment Services shall be provided free of charge for a period of three (3) years from the vehicle registration date after which point such services shall be provided as paid services upon the request of User. The vehicle registration date shall remain the same for each vehicle regardless of subsequent changes in the ownership of the vehicle. For instance, the new owner of vehicle shall be required to pay for Infotainment Services if the previous owner has already received such services free of charge for a period of 3 years from the vehicle registration date. In addition, Wi-Fi Hotspot or Online Radio services shall only be available through insertion of User’s personal SIM card or the purchase of a separate communications data package (services may be provided differently depending on vehicle model).
② Separate fees shall not be charged for any Car-related Services provided free of charge.
③ Upon expiration of the free service period, further service shall only be available after purchasing a service extension package (service fees shall be charged at a flat rate without regard to the frequency of the use).

Article 6 (Notification of Changes to the Service)

① In the event Company makes any changes to the contents of the Service or discontinues providing any part of the Service, Company may provide notice of such changes to User by sending an email to User’s registered email address.
② When providing notice in accordance with the preceding Paragraph ① to multiple unspecified individuals, Company may use general notification methods such as posting information on relevant websites.

Article 7 (Restriction and Suspension of Use of the Service)

① Company may restrict or suspend User’s use of the Service upon the occurrence of any of the following events:
1. If User, either intentionally or by gross negligence, interferes with Company’s operation of the Service;
2. If unavoidably necessary due to maintenance, repair, or construction of facilities and equipment used for the Service;
3. If a Facilities-based telecommunications services provider under the Telecommunications Business Act suspends telecommunications services;
4. If disruptions to the use of the Service arise due to a national emergency, failure of facilities or equipment used for the Service, or a sudden increase in the use of the Service; or
5. If Company deems it inappropriate to continue providing the Service due to any other significant reason.
② In the event Company restricts or suspends use of the Service in accordance with the preceding Paragraph ①, Company shall provide notice to User regarding the reasons therefor and the period of such restriction or suspension.

Article 8 (Use or Provision of Personal Location Information)

① If Company intends to provide the Service by using personal location information, Company shall obtain prior consent from personal location information subjects after providing notice in the relevant terms of use.
② The Company shall automatically record and retain data confirming the use and provision of location information for a period of six (6) months in order to process complaints made by other business operators or customers.
③ If Company provides personal location information to a third party designated by User, Company shall immediately notify User via the communications device used to collect personal location information of the recipient(s) of personal location information, the date of provision, and the purpose for providing personal location information each time such personal location information is provided; provided, however, the foregoing immediate notice requirement shall not apply to the third party provision of simple location data which does not contain any personal information. Notice shall be provided to a communications device or e-mail address specified in advance by User in the following circumstances:
1. If the communications device that collected personal location information is not capable of receiving text messages, voice messages, or video messages; or
2. If User has requested in advance that notice be provided through an online post or some other method.
④ Company shall provide User’s location information to the following recipients in order to provide the Service.

Status of Recipient(s) and Purpose of Provision

Identity of Recipient(s)

 

Third Party (personal location information)

- Online Roadside Assistance (emergency services)

 

 

o Gojin Motors(02-516-3445)

o Webon Motors(02-521-0000)

o Teian Motors(02-564-1468)

o Koron Auto(02-3415-9100)

o Ucaro Automobile(051-995-0000)

o Hanyoung Motors(053-744-7070)

o Joongsan Motors(063-915-0000)

o Hanseo Motors(033-766-7786)

o Teian Motors Yeongdeungpo Service(02-2672-1468)

o Audi Joongsan Jeonju Service Center(063-290-0000)

o Volkswagen Financial Services Korea(1588-8420)

Article 9 (Rights of Personal Location Information Subjects)

① User may, at any time, withdraw all or part of his/her consent to Company’s use personal location information to third parties for the purpose of providing location-based services or Company’s provision of personal location information to third parties. In such cases, Company shall destroy any collected personal location information and any data confirming the use or provision of location information.
② User may, at any time, request Company to temporarily suspend the collection, use or provision of personal location information; Company shall not refuse such requests and shall have in place necessary technical measures in order to comply with such requests.
③ User is permitted to request access to or the notification of the following data to Company, and to request rectification in the event an error exists therein. In such cases, Company shall not refuse User’s request without a reasonable reason:
1. Data confirming the collection, use, and provision of User’s location information;
2. Reasons for and details on the provision of User’s personal location information to third parties in accordance with the Location Information Act or other relevant laws or regulations.
④ User shall exercise its rights set forth in the preceding Paragraphs ① through ③ in accordance with procedures provided by Company.

Article 10 (Rights of Legal Representatives and of Guardians of Children Under the Age of 8)

Since the purchase of Company’s products and use of the Service shall only be permitted by individuals with a valid driving license pursuant to the legal qualifications set forth in Article 80 of the Road Traffic Act, the definition and details regarding the rights of legal representatives of Users under the age of fourteen (14) or the rights of guardians of children under the age of eight (8) shall be excluded from these Terms.

Article 11 (Designation of the Chief Location Information Officer)

① Company shall designate as the Chief Location Information Officer a person capable of taking actual responsibility in order to ensure that location information is properly managed and protected, as well as enabling the smooth processing of complaints made by personal location information subjects.
② The Chief Location Information Officer shall be the head of the department in charge of providing location-based services and the details thereof shall be in accordance with the supplementary provisions hereto.

Article 12 (Liability)

① User may claim compensation against Company in the event he/she suffers damages due to Company’s violation of Article 15 through 26 of the Location Information Act. In such cases, Company shall not be exempted from liability if it fails to establish its lack of intent or negligence.
② Company may claim compensation against User in the event Company suffers damages due to User’s breach of these Terms. In such cases, User shall not be exempted from liability if he/she fails to establish its lack of intent or negligence.

Article 13 (Indemnification)

① Company shall not be held responsible for any damage incurred by User due to its failure to provide the Service in the following cases:
1. Occurrence of natural disasters or other force majeure events;
2. Provision of the Service is intentionally disrupted by a third party who has entered into a partnership agreement with Company;
3. Use of the Service is interrupted due to a cause attributable to User; or
4. Any other reason, excluding those set forth in the preceding Subparagraphs 1 through 3, that does not involve an intentional or negligent act committed by Company.
② Company does not guarantee the reliability or accuracy of the Service, or any data, materials, or alleged facts displayed on the Service and shall not be responsible for any resulting damage incurred by User.

Article 14 (Application of Law)

① These Terms shall be interpreted and enforced in accordance with the laws and regulations of the Republic of Korea.
② Any matters not prescribed herein shall be determined in accordance with relevant laws and commercial practices.

Article 15 (Dispute Resolution and Miscellaneous)

① In the event Company and User are unable to resolve a dispute related to location information, the parties may refer such dispute to the Personal Information Dispute Mediation Committee for mediation in accordance with Article 43 of the Personal Information Protection Act.
② The rights of User or his/her legal representative and the method of exercising such rights shall be based on User’s address at the time a lawsuit is initiated. If User’s address is not available, the district court sitting in the territory of User’s place of residence shall have exclusive jurisdiction. Provided, however, if User’s address or place of residence is unclear at the time a lawsuit initiated or if User resides abroad, the lawsuit shall be referred to a competent court as determined under the Civil Procedure Act.

Article 16 (Company Address and Contacts)

Information on Company’s name, representative director, address, and contact information is provided below.
1. Company Name: Audi Volkswagen Korea Co., Ltd.
2. Representative Director: Michael Andreas Max Friedrich FRISCH
3. Address: 731 Yeongdong-daero, Gangnam-gu, Seoul, Republic of Korea
4. Phone: 02-6009-0000

SUPPLEMENTARY PROVISIONS

Article 17 (Enforcement Date)

These Terms shall become effective from September 01, 2018.

Article 18

The Chief Location Information Officer designated by Company shall be as follows:
1. Affiliation: Director of Marketing for Audi (Marketing Executive)
2. Contact Information: 02-6009-0000