Subscriber Privacy Policy

ATX Telematics Subscriber Privacy Policy

Updated: April 2, 2008

ATX regards the privacy of Subscribers’ personal and vehicle information that ATX collects and retains (including vehicle location identification and credit card account numbers) as a serious trust that Subscribers have placed with their Vehicle Manufacturer and Vehicle Retailer (dealership), for which ATX acts as an agent. This trust must not be breached because the foundation of ATX’s business rests primarily on the company’s ability through its telematics service delivery to provide Vehicle Manufacturers and their Retailers with a more loyal customer base that will continue to purchase their vehicles and vehicle-related services.

ATX enters into contractual agreements with the Vehicle Manufacturers to safeguard their customers’ privacy as well as contractual agreements with each of their individual customers, acknowledging that we will protect their privacy. The contractual agreements with Subscribers are generally renewed on an annual basis; those with the Vehicle Manufacturer and its affiliates are renewed periodically, usually 3-5 years.

Because ATX’s telematics services are integrated into the business and marketing procedures of the Vehicle Manufacturers – and delivered under their brand names – similarly ATX’’s privacy policies, practices and procedures must conform with the individual privacy policies of each Vehicle Manufacturer and their separate subsidiaries operating in the United States, Canada, and the European Union. As a result, ATX’s privacy and data security programs serve as a template, but are not necessarily replicated, when posted publicly by each Vehicle Manufacturer and its subsidiaries. Therefore, ATX’s privacy practices may vary slightly according to the contractual arrangements agreed upon with each Vehicle Manufacturer and its subsidiaries. These specific policies can be viewed at:

www.mbusa.com
www.teleaid.ca
www.bmwusa.com
www.bmwcanada.ca
www.rolls-roycemotorcarsassist.com

1. The Information We Collect

ATX will not record, monitor or track a Subscriber’s vehicle location or other information unless:

The Subscriber or other occupants of the vehicle request service via the activation system in the vehicle (ie. SOS, Information or Roadside Assistance buttons);
The Subscriber’s air bag deploys or emergency tensioning devices activate;
If the Subscriber reports his/her vehicle is stolen (requires password and filing of stolen vehicle report with police before ATX attempts to locate);
ATX is required by a validly issued government order.

ATX’s primary purpose in collecting personal and vehicle information from Subscribers and, possibly, other occupants of the vehicle owned by the Subscriber, is to facilitate the provision of telematics services, to enable the Vehicle Manufacturer and its affiliated dealerships to enhance their ongoing communications and service with their customers who purchase vehicles from them, and to administer the Subscribers’ accounts. In addition to the information Subscribers provide on their Subscriber Agreements with ATX upon activation of the service, ATX may collect and/or develop, and retain, the following information at the time service is requested: the Subscriber’s vehicle’s location; vehicle description; vehicle identification number; diagnostics data; direction of travel and other parameters; crash severity sensor data, caller identification; date, time and duration of call and any ATX operator notes taken during the call. For quality assurance purposes, we also randomly monitor or record any conversation after activation between the vehicle’s occupants and the ATX operator.

Subscribers in the U.S. are notified that their telematics-equipped vehicles, which ATX monitors, in general are equipped with one or more sensing or diagnostic modules capable of transmitting certain vehicle data or information in order to provide some of the telematics services that ATX delivers. These services include automatic collision notification and remote vehicle diagnostics.

Subscribers also consent to ATX enabling the Vehicle Manufacturer or its affiliated dealership to contact Subscribers (and other occupants) about their telematics service via the telematics system in their vehicles, their mailing address, electronic address, or home or business phone number on file. ATX will honor any Subscriber request not to be contacted other than for management of the Subscriber’s account.

2. Use of Subscriber Information

ATX, as an agent for the Vehicle Manufacturer and its affiliated dealership, uses the information collected and retained from Subscribers and their vehicles for purposes of delivering the telematics services for which they subscribed, enhancing and personalizing the communications between individual Subscribers and the Vehicle Manufacturer and its dealership, and managing Subscribers’ accounts. ATX may also use Subscriber information for a statistical analysis of telematics service usage in general and to customize the services for individual Subscribers or groups of Subscribers. ATX does not sell, rent or trade Subscriber information to others.

Upon a Subscriber’s cancellation of service: Unless requested by the Subscriber, ATX will retain all personal and vehicle information only as long as necessary for the fulfillment of the aforementioned purposes or for a period of time necessary to comply with applicable law, any applicable statute of limitation, or the Vehicle Manufacturer’s specific privacy policy.

3. Disclosure of Subscriber Information

ATX shares Subscriber information with roadside assistance providers, emergency service dispatchers and providers, individuals the Subscriber designated upon activation as emergency contacts and other specific service providers (e.g., concierge services). Information is shared only for the purpose of delivering the telematics services requested by the Subscriber or other occupants in the Subscriber’s vehicle. ATX also shares pertinent information with law enforcement authorities in response to a Subscriber’s request to locate a vehicle that the Subscriber has reported as stolen.
For Other Purposes. ATX may provide aggregate statistics about Subscribers and related telematics service information to third-party vendors, but these statistics will not include any personal identifying information. When required, ATX may be compelled to release information to comply with the law or orders of courts or other governmental authorities, or to enforce or apply the terms of the agreement with the Subscriber. For example, ATX may be legally compelled to provide location data and other information to law enforcement agencies, pursuant to validly issued subpoenas.

4. Updating or Changing Subscriber Account Information

Subscribers may review, modify, correct, or update the information they provided upon activation at any time by calling the designated phone numbers and/or e-mail addresses promoted in each specific Vehicle Manufacturer program, or by writing Customer Care 8550 Freeport Parkway, Irving, TX 75063. All Subscriber records are stored at this address.

5. Protection of Subscriber Information

ATX maintains data security measures to protect the loss, misuse, and alteration of the information under its control. For example, depending upon the applications, ATX employs the use of encryption technologies and user authentication systems such as passwords and personal identification numbers. All information is stored under secure measures with access limited only to authorized employees of ATX (Response Operations, Customer Care, Billing, Product Marketing) and the Vehicle Manufacturer. ATX uses industry standard practices to protect the privacy of Subscriber information.

6. Security on the Cellular Telephone Network

In providing telematics services to Subscribers, voice and data are transmitted between ATX response centers and Subscriber-owned or leased vehicles over the cellular telephone network. This network is complex and not necessarily secure. Therefore, the privacy and security of conversations or data transmitted to and from the vehicle cannot be guaranteed.

7. Subscriber Consent

Notification of Subscribers’ privacy rights is given at the time of activation at which time they have the opportunity to decline service. By signing the Subscriber Agreement for telematics services, Subscribers agree to the practices and procedures described in this Policy. ATX may change this Policy at any time by posting a notice and/or revised Policy on the aforementioned Vehicle Manufacturer Web sites. Subscribers’ can opt-out of service at any time during the contract (separate terms are specified regarding reimbursement).

8. Subscriber Comments

Any subscriber dispute, comment or inquiry about the privacy policies involved with the services that ATX delivers is addressed either through the privacy officers of the respective Vehicle Manufacturer or through ATX’s privacy officer depending on the specific language of each Vehicle Manufacturer’s Privacy Policy. In either case, ATX maintains a written policy and process for promptly responding to Subscribers either directly or through their Vehicle Manufacturer’s respective privacy officer.