[Nissan / Infiniti] Virtual Key Privacy Policy

Welcome to the [Nissan / Infiniti] Virtual Key mobile application (“Mobile App” or “Service”). This Privacy Policy (“Policy”) describes how Continental Intelligent Transportation Systems, LLC (“Continental”, “us” or “we”) uses and protects any personal information (i.e., information that can be used to identify you) that Continental collects, processes, or otherwise has access to when you set-up and use the Services.  By downloading, accessing, and/or using the Services, you agree to the terms of this Policy, and consent to Continental’s use of the information we collect through the Service.

Personal Information We Collect

In providing the Service, Continental may collect, process, transfer, or otherwise have access to various information and data, including your Personal Information.  Personal Information refers to any information relating to an identified or identifiable natural person or household.

The types of Personal Information that Continental will collect about you and/or has collected about you during your registration and use of the Service during the preceding 12 months are:

• Identifiers, such as your first name, last name, , unique personal identifier, online identifier, internet protocol address, email address, account name, phone number, , or other similar identifiers.
• “Personal Information” Defined by California Civil Code Section 1798.80, such as name and telephone number.
• Geolocation information, such as location-based information from your mobile device, either continuously or while you are using the Mobile App. If you wish to change our access or permissions, you may do so in your device’s settings.
• Inferences drawn from any of the information we collect to create a profile about you reflecting your Mobile App use and preferences.
• Usage Customer support data, such as Information collected when You or any Authorized User contacts Continental for help with their account (including, but not limited to, name, telephone number and contact information, summary of issue(s) discussed, and audio recording of voice call interactions for internal Continental use).

Note that we generally try to match the information we collect from you to the information we require in order to provide you the information, products or services you request, and the above list is broad to simply capture the types of information required for many possible different interactions between us.  Not all of the above information is captured for each interaction between us.  Our core business is providing products and services and information about those products and services, as well as information that can help us improve those products and services, as opposed to collecting information about you and trying to monetize that information in a manner not related to the products and service we provide.  Sometimes we do need to share information we collect with third party service provides in order to provide you the information, products or services you request (see below for details about how we use and share your Personal Information).  Privacy expectations and regulations are changing, and we expect our use and handling of your information will change over time to meet those changes and expectations. 

Sources of Personal Information

We collect information, including Personal Information, about you and how you interact with us in several ways, including:

• Information You Provide to Us Directly. We collect the information you provide to us directly.
• Information from Your Mobile Device. Use of the Mobile App requires access or permission to certain features of your mobile device, including your mobile device’s camera. If you wish to restrict our access or permissions, you may do so in your device’s settings. Restricting our access may negatively impact your use of the Mobile App.
• Information Automatically Collected or Inferred from Your Interaction with Us. We automatically collect technical information about your interactions with us (such as information related to your mobile device, your use of and interactions with the Mobile App, and browsing preferences), as well as from your interactions with Continental representatives and agents.
• Information from Third Parties. We receive information about you and your interactions with us from third parties, including your employer, principal, coworkers and others interacting with us and/or using Continental services.

We may combine information that we receive from the various sources described in this Policy, including third party sources and public sources (e.g., information you submit in a public forum), with Personal Information and use or disclose it for the purposes identified below.

How Continental Uses Your Personal Information

• To Provide the Service and Enable Interactions Between You and Continental. We will use your Personal Information to deliver the Service.  This includes, but is not limited to, registration and administration of your account, providing you with and support in your interactions with us; diagnosing, repairing and tracking service and quality issues; facilitating an order, download, return, or exchange; providing requested information; communicating with you about your account or our data practices; installing and configuring changes and updates to the Service, programs and technologies related to interactions with us; authenticate those who interact with us; or to respond to your requests, complaints, and inquiries.
• To Provide Customer Support. Continental has a relatively large customer support staff relative to our customer base. We strive to provide quality products and services including supporting you when you need it. To do this, we use your personal information to investigate and assist you in resolving questions or issues you have regarding Continental products and services, and provide you support or respond to you.
• For Our Internal Business Purposes. We may use your Personal Information for our internal business purposes related to providing the Service, as well as other products and technologies. This includes, but is not limited to, evaluating or auditing the usage and performance of Service, programs and technologies related to interactions with us; evaluating and improving the quality of your interactions with us and the Service, programs and technologies related to interactions with us; designing new services; processing and cataloging your responses to surveys or questionnaires (e.g., customer satisfaction reviews); performing internal research for technological development and demonstration; conducting data analysis and testing; maintaining proper business records and other relevant records.
• For Legal, Safety or Security Reasons. This includes complying with legal requirements; protecting the safety, property or rights of Continental, you, and those who interact with us, or others; and detecting, preventing, and responding to security incidents or other malicious, deceptive, fraudulent, or illegal activity.
• For any Other Purpose For Which You Provide Consent.
• In a De-identified, Anonymized or Aggregated Format. When converted to a de-identified, anonymized, or aggregated format, this data no longer constitutes Personal Information and we may use this information for any purpose.
• For Our Legitimate Interests or Those of a Third Party. A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

With Whom We Share Your Personal Information

We do not currently sell your Personal Information, nor do we have any future plan to do so.  However, to provide the Service, we may share your Personal Information with these recipients:

• Continental provides and maintains the Service on behalf of Nissan, and in furtherance and support of such relationship, we may share your Personal Information with Nissan. 
• Affiliates and Subsidiaries. We may share your Personal Information within the Continental group of companies, which includes parents, corporate affiliates, subsidiaries, business units and other companies that share common ownership for the purposes described above.
• Service Providers. We may share your Personal Information with third party Service Providers working on behalf of us in order to provide the Service or otherwise facilitate an interaction with Continental you request or support our relationship with you, such as our Licensor, hosting service providers, IT providers, operating systems and platforms, internet service providers, analytics companies, and marketing providers (e.g., we may share your email address with our outbound email marketing provider). We may contract with other companies to provide certain services, including shipping, identity verification, email distribution, market research, promotions management and payment processing. We provide these companies with only the information they need to perform their services and work with them to ensure that your privacy is respected and protected. These companies are prohibited by contract from using this information for their own marketing purposes or from sharing this information with anyone other than Continental.
• Business Partners. We may also provide your Personal Information or provide access to your Personal Information to our business partners, including for third party marketing or as a sale. If legally required, we will seek your consent before engaging in such sharing.
• For Legal, Security and Safety Purposes. We may share your Personal Information with third parties such as law enforcement or other government agencies to comply with law or legal requirements; to enforce or apply our Terms of Use and other agreements; and to protect our rights and the property or safety of Continental, our users, or third parties.
• In Connection with a Transaction. If we sell some or all of our assets, or merge or are acquired by another entity, including through a sale or in connection with a bankruptcy, we will share your Personal Information with that entity.

Security

We take your privacy seriously and use reasonable precautions to protect your personal information. For example, we encrypt certain communications using industry standards for encrypting such communications. However, we do not guarantee the security of your information.  There is always a risk that information we collect or that you provide may be compromised.  To mitigate this risk, you should (a) use secure usernames and passwords and carefully protect them from disclosure and (b) implement up-to-date security and virus protection on your device.  If you suspect that your device’s security or your information has been compromised, or your password accessed or used by an unauthorized third party, please contact us immediately to have your password changed.  

Third Party Websites

When you click on a link to any other website or location, you will leave our Mobile App and go to another site and another entity may collect personal information from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites.  If you decide to access any third party links appearing in the Mobile App, you do so at your own risk.

Changes to Personal Information

You may change any of the personal information you provide to us when you subscribe to the Service by editing your user profile. You may request deletion of your personal information, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.

Policy for Children

The Mobile App and Services are intended for and marketed to adults only.  We do not knowingly solicit information from or market to children under the age of 16. If you become aware of any data we have collected from children under age 16, please contact us using the contact information provided below.

For California Consumers

If you are a California resident, this section applies.  Pursuant to the California Consumer Privacy Act of 2018 (the CCPA), in the sections above we have provided a summary of the Personal Information we collected from consumers, the sources from which we collected the Personal Information, the business or commercial purpose for which the Personal Information was collected and the categories of third parties with whom we share consumer Personal Information.  Under the CCPA, you have specific rights. 

In general, we do not sell personal data, sharing personal data with third parties to the extent needed to provide you products or services (for example, sharing your address with a third party service that will deliver a product to you, using a third party credit card payment processor, or using a cloud service provider to host our data (that may include your personal data)). The CCPA has broad definitions of what type of activities constitute a sale. We are reviewing our websites and procedures to ensure we are not selling data under those broad definitions.

CONTINENTAL DOES NOT SELL YOUR PERSONAL INFORMATION.

Your Rights

California residents have certain rights, subject to legal limitations, regarding the collection, use, and sharing of Personal Information. California residents may exercise the following rights via emailing us at privacy@continental.com, or by calling (833) 656-0555.

• Right to Know. You have the right to request information about the categories of Personal Information we have collected about you, the categories of sources from which we collected the Personal Information, the purposes for collecting the Personal Information, the categories of third parties with whom we have shared your Personal Information, and the purpose for which we shared your Personal Information (“Categories Report”). You may also request information about the specific pieces of Personal Information we have collected about you (“Specific Pieces Report”).
• Right to Delete. You have the right to request that we delete Personal Information that we have collected from you.
• Right to Opt Out. You have the right to opt out of the sale of your Personal Information, where applicable.

We will not discriminate against you, in any manner prohibited by applicable law, for exercising these rights.

Verification

In order to exercise your rights, we will need to obtain information to locate you in our records or verify your identity depending on the nature of the request. If you are submitting a request on behalf of a household, we will need to verify each member of the household in the manner set forth above. We will use commercially reasonable verification techniques, designed to balance the need to ensure we are not providing your information to someone pretending to be you, while at the same time not making it too difficult for you to exercise your rights.

Authorized Agents

You may use an authorized agent to exercise your rights on your behalf. If you are making any of the requests above through an authorized agent, we will request written authorization from you and will seek to verify you as described above or we will accept a legal Power of Attorney under the California Probate Code to the authorized agent.

Timing

We will respond to Requests to Delete and Requests to Know within 45 days, unless we need more time in which case we will notify you and may take up to 90 days total to respond to your request.

Acceptance of Policy

By downloading, accessing, and/or using the Service, or otherwise providing your personal information to Continental, you signify your acceptance of this Policy. If you do not agree to this Policy, please discontinue your use of the Service.

Modifications

We may modify this Policy from time to time as the Service and applicable laws change.  If we change our Policy, we will post a new statement on this website and update the effective date stated at the end of the Policy.  You are encouraged to review this Policy from time-to-time for any updates or changes. If we make any material changes, we will inform you through the Mobile App, by sending a message to the e-mail address associated with your account, or by some other method of communication. 

Please see our [Nissan / Infiniti] Virtual Key Terms of Use (available within the Mobile App) for a more detailed legal explanation of our usages policies.  Changes to the Policy become effective immediately upon notice to you.  Notice may be given by posting the revised Policy on this website or by other means.  Your use of the Service after notice constitutes your acceptance of the revised terms. 

Contacting Us

If you have any questions about our Policy or our use of your information, you can e-mail us at privacy@continental.com, or by regular mail to Continental Intelligent Transportation Services, LLC, 2368 Walsh Ave, Santa Clara CA 95051, Attn: Data Privacy. Requests for changes to your personal information and/or cancellation of your registration can be made to privacy@continental.com.

This Version of the Policy is Effective as of April 1, 2021.