1.1 KIA wants to offer you services to make your KIA experience as safe, effortless and enjoyable as possible. Therefore, KIA offers you the “KIA Account”. The KIA Account is a unique, personal and non-transferable account that enables the use of various services provided by KIA and/or external companies. These services may include online services, apps and other software services. You may only use such services with your KIA Account.
1.2 In case of questions on the KIA Account, please call our customer call center under:
• België/Belgique: +32 80069706970
• France: +33 969 320 600
• United Kingdom: +44 3332022990
• Deutschland: +49 800 777 3044
• Sverige: +46 840 044 300
• Nederland: +31 888 542542
• España: +34 91 304 31 90
• Italia: +39 848 582 588
• Ireland: +35 3818300007
• Magyarország: +36 80 315 542
• Polska: +48 605542542
• Österreich: +43 1734290010
• Slovensko: +421 232 421 341
• Česko: +42 0222999333
• România: +40 213 125 005
• Ísland: +354 590 2130
• Suomi: +358 103 400 430
• Eesti: +372 6652600
• Latvija +371 67320044
• Lietuva: +370 52125123
• България: +359 700 14 777
• Ελλάδα: +302105507477
• Switzerland: +41 62 788 88 22
• Portugal: +351 211 160 522
2.1 By ticking a box in the acceptance process, you accept these "Terms of Use" and conclude an agreement with Kia Connect GmbH, Theodor-Heuss-Allee 11, 60486 Frankfurt, Germany (hereinafter referred to as "KIA", "we", "us" or "our") on the creation and use of an unique KIA Account (as described further in section 3 below) for the access and/or management of the related services, which are further described in and are subject to "Special Terms of Use". Such Special Terms of Use may restrict the use of the services and/or may require the connection of the KIA Account. In the event of a conflict between these Terms of Use and the applicable Special Terms of Use, the Special Terms of Use shall prevail.
2.2 You are only permitted to use the KIA Account if you are of legal age.
2.3 If your device(s) are not equipped with the necessary technical features or if your device(s) do not meet the requirements of these Terms of Use, we shall not be obliged to provide you with the KIA Account.
2.4 The use of the KIA Account may require internet access or other telecommunication services. These Terms of Use do not apply to the telecommunication services that may be required to use the KIA Account. These are subject to a separate agreement (including charges) with the provider of your telecommunication services.
2.5 The use of the KIA Account is free of charge.
2.6 In order to gain access to certain services, you may have to link / connect your KIA Account to one or more KIA vehicles. This is set out in the applicable Special Terms of Use.
2.7 The information you provide for the creation of a KIA Account shall be accurate. The data collected in connection with the KIA Account includes:
Your name, salutation, your email address, your phone number, the password, country, preferred language, the fact that you accepted these Terms of Use.
2.8 The KIA Account shall be created for use in accordance with these Terms of Use. We can reach you under the email address you provided when registering your KIA Account in the context of the KIA Account, if required.
We may reasonably change these Terms of Use or functionalities of the KIA Account from time to time. Changes will be notified to you by email or in another form of notification. If you do not object to those changes in text form within 4 weeks after receipt of the notification, the changes are deemed to be agreed. We will expressly notify you about the right to reject and the consequences of being silent.
4.1 You may not use the KIA Account in violation of the provisions of these Terms of Use.
4.2 Furthermore, you must not use the KIA Account in a manner that violates applicable laws or regulations, such as intellectual property rights or traffic regulations. A use that threatens the security of the KIA Account, as well as a use that could jeopardize or impair the technical infrastructure of KIA or a third party or the use of the KIA Account by other customers is also prohibited. In addition, you must not damage, disable or otherwise interfere with the KIA Account or introduce into the KIA Account any viruses, "worms", malware, spyware, "trojans" or any other harmful code or program that could compromise the operation of the KIA Account.
4.3 The KIA Account requires a password. You shall choose a password that is sufficiently secure for third parties. We can set rules on what counts as a sufficiently secure password. You are responsible for keeping your password secret and not disclosing it to a third party. If you suspect that a third party has received unauthorized access to your password, you shall immediately change the password. If you suspect that a third party has been given unauthorized access to the services with your KIA Account, please contact our customer service (see section 1.2) immediately.
5.1 The entire content of the KIA Account is the property of KIA, its direct or indirect subsidiaries and affiliated companies (hereinafter referred to collectively as "KIA Group") or third parties and is protected by applicable copyright law with all rights reserved. All rights in the KIA Account, the underlying software, the content and arrangement are owned by KIA Group and its licensors. You must not sell, distribute, publish, broadcast, circulate or commercially exploit the KIA Account in any manner without our express written consent. You may not reproduce (in whole or part), transmit (by electronic means or otherwise), modify, display, redeliver, license, link or otherwise use the KIA Account for any public or commercial purpose without our prior permission.
5.2 Nothing in these Terms of Use shall be construed as granting a license or right to use any image, trademark, KIA mark or logo, all of which are the property of KIA Group. KIA Group reserves all rights with respect to its proprietary information or material in connection with the KIA Account and will enforce such rights to the full extent of applicable copyright and trademark law.
KIA does not claim ownership of content you make available through the KIA Account, and nothing in these Terms of Use limits your rights to use such content.
7.1 KIA's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows:
a) KIA shall be liable up to the amount of the foreseeable damages typical for this type of agreement due to a breach of material contractual obligations;
b) KIA shall not be liable for the slightly negligent breach of any other applicable duty of care.
7.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for the willful misconduct, liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent KIA has assumed a specific guarantee.
7.3 Sections 7.1 and 7.2 apply accordingly for KIA's liability for wasted expenditures.
7.4 You are obliged to take reasonable efforts for the prevention and minimization of damages.
For information on how we collect and process personal data in connection with the KIA Account please refer to our Privacy Notice - KIA Account. Specific information about data processing associated with services other than the KIA Account can be found in the Privacy Notices of the respective service.
9.1 You may use the KIA Account as of the day you registered for the KIA Account.
9.2 You can deactivate your KIA Account at any time. Once your account is deactivated, it cannot be used anymore to log into services connected with it. In such a case, the reactivation of your existing KIA Account or the creation of a new Kia Account is necessary to continue the use of these services.
9.3 You can also terminate this contract at any time. In such case, these Terms of Use cease to apply. If the existence of a KIA Account is necessary for the use of a service, the termination will become effective earliest at the time at which the obligation to provide the service ends. In the case several services are connected to your KIA Account, the longest contract duration is relevant for the termination.
9.4 We reserve the right to permanently or temporarily block and/or revoke the use of the KIA Account in case of material breach of these Terms of Use and, in case of material breach of these Terms of Use, to terminate the Terms of Use.
10.1 These Terms of Use are the entire agreement of the parties with respect to the subject matter of the use of the KIA Account and supersede all prior agreements, written or oral, between the parties with respect to the subject matter.
10.2 Deviating, conflicting or supplementing terms and conditions of the user shall only govern the use of the KIA Account if explicitly accepted by us in writing.
10.3 We are entitled to assign our rights and duties under these terms of use either in full or in part to another service provider by providing 6 weeks’ notice to the user. In this case, however, the user shall be entitled to terminate the agreement within one month after receipt of the notification effective at the time of the intended assignment of the agreement to the assignee. We shall expressly inform the user of this right of termination in the notification
In order to provide you with all the functionalities associated with KIA Account, KIA needs to process certain data.
Kia Connect GmbH, a German legal entity with the commercial register number HRB 112541 and the official company address Theodor-Heuss-Allee 11, 60486 Frankfurt, Germany, hereinafter "KIA", "we" or "us", is responsible for the processing of all personal data as explained below.
If you have any questions about or in connection with this Privacy Notice or would like to exercise any of your rights regarding the handling of your personal data (see 8 below), please contact us by using the above contact details or:
Kia Connect GmbH
Email address: info@kia-connect.eu
Telephone:
• België/Belgique: +32 80069706970
• France: +33 969 320 600
• United Kingdom: +44 3332022990
• Deutschland: +49 800 777 3044
• Sverige: +46 840 044 300
• Nederland: +31 888 542542
• España: +34 91 304 31 90
• Italia: +39 848 582 588
• Ireland: +35 3818300007
• Magyarország: +36 80 315 542
• Polska: +48 605542542
• Österreich: +43 1734290010
• Slovensko: +421 232 421 341
• Česko: +42 0222999333
• România: +40 213 125 005
• Ísland: +354 590 2130
• Suomi: +358 103 400 430
• Eesti: +372 6652600
• Latvija +371 67320044
• Lietuva: +370 52125123
• България: +359 700 14 777
• Ελλάδα: +302105507477
• Switzerland: +41 62 788 88 22
• Portugal: +351 211 160 522
Alternatively, you may also contact our data protection officer:
Email: dpo@kia-connect.eu
Ordinary mail: Data Protection Officer, Theodor-Heuss-Allee 11, 60486 Frankfurt am Main.
We process your personal data you provide in connection with your registration of your KIA Account and the further use of your KIA account. The purpose of our processing is to manage your KIA Account (from logging in until the possible termination), to provide you with all KIA Account features, to to give you access to the services for which a KIA Account is required and to notify you of updates to the KIA Account.
The legal basis for our processing of your personal data is the fact that this processing is required for the fulfillment of our contract with you regarding the KIA Account (Art. 6 (1) (b) EU General Data Protection Regulation ("GDPR")) or based on the legitimate interests of KIA (Art. 6 (1) (f) GDPR).
Any further data processing regarding particular telematics services is subject to separate Privacy Notices for the respective service(s).
We process your personal data for other purposes only if we are obligated to do so on the basis of legal requirements (for example, transfer to courts or criminal prosecution authorities), if you have consented to the respective processing or if the processing is otherwise lawful under applicable law. If processing for another purpose takes place, we will provide you with additional information, if appropriate. We do not engage in automated decision-making including profiling in connection with the App Services unless we have expressly notified you of such automated decision-making including profiling by other means.
The data collected in connection with the KIA Account includes: Your name, salutation, your email address, your phone number, the password, country, preferred language, the fact that you accepted the Terms of Use.
Any access to your personal data at KIA is restricted to those individuals that have a need to know in order to fulfill their job responsibilities.
Your personal data may be processed for the respective purposes by the recipients and categories of recipients listed below:
• Private third parties – Affiliated or unaffiliated private bodies other than us that alone or jointly with others determine the purposes and means of the processing of personal data.
• Data processors – Certain third parties, whether affiliated or unaffiliated, may receive your personal data to process such data on behalf of KIA under appropriate instructions as necessary for the respective processing purposes. The data processors will be subject to contractual obligations to implement appropriate technical and organizational security measures to safeguard the personal data, and to process the personal data only as instructed.
The data processor for the KIA Account is Hyundai Autoever Europe GmbH, Kaiserleistraße 8a, 63067 Offenbach am Main, Germany.
• Governmental authorities, courts, external advisors, and similar third parties that are public bodies as required or permitted by applicable law.
Some of the recipients of your personal data will be located or may have relevant operations outside of your country and the EU/EEA, e.g. in the Republic of Korea, where the data protection laws may provide a different level of protection compared to the laws in your jurisdiction and with regard to which an adequacy decision by the European Commission does not exist. With regard to data transfers to such recipients outside of the EU/EEA we provide appropriate safeguards by way of entering into data transfer agreements adopted by the European Commission (e.g. Standard Contractual Clauses (2010/87/EU and/or 2004/915/EC)) with the recipients or taking other measures to provide an adequate level of data protection. A copy of the respective measure we have taken is available via our data protection officer (see 2 above).
Your personal data is stored by us and/or our service providers, to the extent necessary for the performance of our obligations and for the time necessary to achieve the purposes for which the personal data is collected, in accordance with applicable data protection laws. When we no longer need to process your personal data, we will erase it from our systems and/or records and/or take steps to properly anonymize it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which we are subject. E.g., personal data contained in contracts, communications, and business letters may be subject to statutory retention requirements, which may require retention of up to 10 years.
If you have declared your consent for any personal data processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.
Pursuant to applicable data protection law you may have the right to: request access to your personal data, request rectification of your personal data; request erasure of your personal data, request restriction of processing of your personal data; request data portability, and object to the processing of your personal data. Please note that these aforementioned rights might be limited under the applicable national data protection law.
You also have the right to lodge a complaint with a data protection supervisory authority. To exercise your rights please contact us as stated in 2 above.
8.1 Right of Access: You may have the right to obtain from us confirmation as to whether or not personal data concerning you is processed, and, where that is the case, to request access to the personal data. The access information includes – inter alia – the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom the personal data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access.
You may have the right to obtain a copy of the personal data undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.
8.2 Right to rectification: You may have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
8.3 Right to erasure ("right to be forgotten"): Under certain circumstances, you may have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.
8.4 Right to restriction of processing: Under certain circumstances, you may have the right to obtain from us restriction of processing your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.
8.5 Right to data portability: Under certain circumstances, you may have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.
8.6 Right to object: Under certain circumstances, you may have the right to object, on grounds relating to your particular situation at any time to the processing of your personal data by us and we can be required to no longer process your personal data. Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.