Information on personal data processing

Purpose of processing
Provision of Calendar service in car.

Description of purpose of processing
ŠKODA AUTO processes data about vehicle and relevant personal data to enable you the access to Calendar from in car infotainment system and to provide the functionality of the application itself.

Legal basis of processing
Providing your personal data is a contractual requirement to enable the Calendar services. This contractual agreement is settled with us during the first entry to the application.

Categories of personal data we process

• Identification data
• Contact information
• Descriptive data
• Feedback data
• Information on internal audit
• Information on mutual communication and interaction
• Personal information on subject profile
• Product technical specification
• Location data - Network identifiers

Processing and archiving period
ŠKODA AUTO will keep and process your necessary personal data during the contractual period. Afterwards, your personal data will be immediately deleted within 6 months at the latest. We may keep some personal data in limited extent after the contractual relationship ends e.g. for the purposes of legal matters resolution, including the performance of obligations towards the public administration bodies and monitoring and ongoing evaluation of legal risks.

Categories of data processors or recipients to whom we may provide personal data

• Satisfaction survey agencies
• Members of the distribution network
• Importers
• Infoline 
• Connectivity services providers
• ŠKODA Connect mobile online services providers

Your personal data can be, upon request, provided to public authorities. In particular to the courts, the Police of the Czech Republic and other law enforcement agencies to the necessary extent and within the law.

Source of personal data
We receive the data directly from you or your vehicle with activated ŠKODA Connect.

Transfers of personal data to third countries or supranational organizations
During this personal data processing, transfer of personal data to third countries and supranational organizations does not occur.

Automated decision-making based on personal data
During this personal data processing, automated decision-making based on personal data does not occur.

Other information
Personal data may be archived in the public interest and used for scientific, historical or statistical research purposes. In well-founded cases, the personal data can also be the subject of the processing for the purposes of legal matters resolution, including the performance of obligations towards the public administration bodies and monitoring and ongoing evaluation of legal risks.

Purpose of processing
Offers service

Description of purpose of processing
Your personal data are used for informing you about relevant products and services of ŠKODA AUTO and third party partners. Offers contain relevant in-car and around-the-car promotions you can redeem at ŠKODA AUTO partner network. We may also use some of your personal data for the targeting of the above-mentioned communications. We track your interactions with the application, the results of which we subsequently utilize in order to improve your user experience and functionalities of the Offers service.

Research and Analysis: We may use your personal information for further research and analysis purposes. In this case, we will completely anonymise or aggregate your data. Therefore, it is no longer possible to determine that it comes from your vehicle and that it is your personal data.

Legal basis of processing
We are authorized to process your personal data based on the contract agreed with you in your car. If you do not agree with the contract, we will not process your personal data for this purpose.

Categories of personal data we process

• Identification data
• Contact information
• Descriptive data
• Product Specifications & Vehicle statistics
• Profiles and subjects of personal information
• Information on mutual communication and interaction
• Network identifiers
• Location information
• Feedback
• Information on internal audit

Processing and archiving period
ŠKODA AUTO will keep and process your necessary personal data during the contractual period. Afterwards, your personal data will be immediately deleted within 6 months at the latest. We may keep some personal data in limited extent after the contractual relationship ends e.g. for the purposes of legal matters resolution, including the performance of obligations towards the public administration bodies and monitoring and ongoing evaluation of legal risks.

Categories of data processors or recipients to whom we may provide personal data

• Members of the distribution network
• Importers
• Infoline
• Connectivity services providers
• ŠKODA Connect mobile online services providers

Your personal data can be upon a request provided to public authorities, in particular to the courts, the Police of the Czech Republic and other law enforcement agencies to the necessary extent and within the law.

Source of personal data
We receive the data directly from your vehicle and via relevant digital services with activated ŠKODA Connect.

Transfers of personal data to third countries or supranational organizations
In scope of stated processing your personal data will not be transferred to third country or / and any other supranational organization.

Automated decision-making based on personal data
The data controller is providing automated decision making and profiling during the above mentioned personal data processing based on article 22 (2) a.

Other information
Personal data may be archived in the public interest and used for scientific, historical or statistical research purposes. In well-founded cases, the personal data can also be the subject of the processing for the purposes of legal matters resolution, including the performance of obligations towards the public administration bodies and monitoring and ongoing evaluation of legal risks.

These Terms and Conditions (“Terms”) govern your rights and obligations regarding the use of TRAFFICATION. These Terms constitute a fully binding agreement between Škoda Auto a.s., a company duly organized and existing under the laws of the Czech Republic with its domicile at tř. Václava Klementa 869, Mladá Boleslav II, 293 01 Mladá Boleslav, Czech Republic, including its affiliates and subsidiaries (“Škoda Auto” or “We”) and you.

1. Our Services

TRAFFICATION app offers you increased driving security by providing traffic-related warnings (such as traffic jam ahead notification, wrong way driving warning, hazardous weather conditions etc.) without the need to run a navigation app. 

2. Safety and Restrictions of Use

a. Use of TRAFFICATION app TRAFFICATION will be available in your vehicle‘s infotainment. It is strictly forbidden for a driver to interact and view TRAFFICATION unless and until the vehicle has come to complete stop. To this regard, Škoda Auto will take appropriate precautious measures that can limit the use of TRAFFICATION in certain situations (such as precautious warnings). These precautious measures do not exempt you or the driver of the vehicle in case it is not you from the duties to follow the traffic regulations. You acknowledge that while using TRAFFICATION, you are obliged to drive vigilantly according to road conditions and in accordance with traffic regulations in the respective country.

b. Reliability of the information You or the driver of the vehicle in case it is not you are the sole responsible person for road and safety conditions as well as traffic regulations while steering the vehicle. Please be aware that the road and traffic information transmitted through TRAFFICATION does not replace you or the driver’s own vigilance, diligence and compliance in that respect.

c. Obligation to inform the driver If you make the vehicle available to a third person as a driver, you are obliged to inform said person about the contents of this Agreement especially with respect to the functionality and the limitations of TRAFFICATION.

3. Prerequisites

a. Data Connection A data connection is required for the use of TRAFFICATION. We would like to advise you that the change of data connection technology may cause unavailability of TRAFFICATION. We do not guarantee that the availability of TRAFFICATION will not be disturbed because of a change of data connection technology.

b. Škoda Connect You can only use TRAFFICATION for the vehicle if:

• Your vehicle has the technical functions required for TRAFFICATION.
• You are a registered user of Škoda Connect.
• You have assigned the vehicle to your Škoda Connect Account as Primary User.

Registration and use of the Škoda Connect Account is subject to additional Terms and Conditions for the Škoda Connect, related legal documents are available via https://www.skoda-connect.com/legal.

4. The License

Škoda Auto hereby grants you a non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the TRAFFICATION (including the Software). For using TRAFFICATION, a license fee in accordance with our relevant price list may be required.

5. Unauthorized Use and Third Party Rights

You are prohibited from using TRAFFICATION in violation of these Terms or the applicable legal regulations. You must refrain from any unauthorized use of TRAFFICATION. In particular, you are not authorized to integrate the TRAFFICATION or part of it into other websites, applications without the prior written consent of Škoda Auto. TRAFFICATION is part of Škoda Auto‘s intellectual property and you are obliged to respect the copyright, name and trademark rights as well as other rights of Škoda Auto and third parties. Currently, Škoda Auto is working together with following third party content providers:

• Robert Bosch GmbH
• Vaisala Oyj
• Zentralanstalt für Meteorologie und Geodynamik (ZAMG)
• Royal Meteorological Institute of Belgium (RMI)
• La Agencia Estatal de Meteorología (AEMET)
• Danish Meteorological Institute (DMI)
• Estonian Weather Service
• Finnish Meteorological Institute (FMI)
• Météo-France
• Deutscher Wetterdienst
• Met Éireann
• Servizio Meteorologico
• Latvian Environment, Geology and Meteorology Centre
• MeteoLux
• Royal Netherlands Meteorological Institute (KNMI)
• Norwegian Meteorological Institute
• Institute of Meteorology and Water Management
• National - Research Institute (IMGW-PIB)
• Portuguese Institute for Sea and Atmosphere, I. P. (IPMA, IP)
• La Agencia Estatal de Meteorología (AEMET)
• Swedish Meteorological and Hydrological Institute (SMHI)
• MeteoSwiss
• Met Office
• Czech Road and Motorway directorate
• Leo Express s.r.o
• Eifrig Media GmbH (SCDB)
• HAAS, Inc.
• NIRA Dynamics AB - European Union

 6. Limitation of Liability

Škoda Auto is not responsible for damages incurred as a result of incorrect use of TRAFFICATION in- or outside your vehicle.

If legal requirements call for Škoda Auto to pay for damages caused as a result of slight negligence, Škoda Auto shall only be liable to a limited extent: We shall only be liable if We have breached one of our essential contractual obligations. Essential contractual obligations are main contractual performance obligations and obligations the fulfilment of which is essential for the due and proper implementation of the contract and on the fulfilment of which you may generally rely. This liability shall also be limited to damages which are foreseeable and typical at the time that the contract is concluded.

Personal liability of the legal representatives, vicarious agents and employees of Škoda Auto for damage caused by them through ordinary negligence is excluded. For damage and losses caused by said persons through gross negligence, with the exception of the legal representatives and managers, the limitations of liability to foreseeable and typical damages at the time that the contract is concluded shall apply.

7. Speed Cameras

TRAFFICATION offers notifications of stationary speed cameras and radars. If this function is turned on, it notifies of proximity of such devices on your route. This function only provides indicative location and information about speed cameras.

Use of this function may be prohibited or restricted by law in some countries or jurisdictions. It is always your responsibility to ensure compliance with local law and to turn this function off. Turning function off or on is always possible in settings of TRAFFICATION.

Škoda Auto bears no responsibility for using this function, especially for using it in countries or jurisdictions where it is not allowed. Škoda Auto bears no responsibility for accuracy of information provided to user considering detection of speed cameras.

8. Warranty

We are doing our best to ensure trouble-free run of TRAFFICATION. Despite our best efforts, Škoda Auto cannot guarantee the faultlessness of TRAFFICATION. Therefore, We cannot warrant the uninterrupted and error-free operation of TRAFFICATION, its safety and security of, but not limited to, unauthorised access, damages, malfunctions, bugs and failures.

We furthermore disclaim all warranties including, without limitation to any warranties of merchantability, fitness for a particular purpose, quality, non-infringement, compatibility, performance, security or accuracy.

Despite our best efforts, We cannot guarantee the reliability or accuracy of 3rd party content (such as reports from other users or weather information). Therefore, We cannot be held liable for any form of liability arising from your reliance on, or in connection with it. Furthermore, We cannot be held liable for any damage arising from your use of or your reliance on this content.

9. Data Protection

Škoda Auto strives to achieve the highest level of user privacy. It is essential for us, that you feel safe when using the application.

We collect, process and use your personal data only in accordance with the relevant applicable law. In particular, your data will be provided to a third party only for the reasons of contract fulfilment. Further information on data protection may be found at https://www.skoda-auto.com/other/personal-data.

Vehicle data, such as current location is collected and used during the use of TRAFFICATION. This data helps us to provide you with better service by, for example warning of potentially dangerous situations on the road. We collect and process your personal data in order to perform the contract, unless you give us your explicit consent for further use.

10. Termination

You may always terminate the utilisation of TRAFFICATION. We do not require any termination reason or notice. If you would like to delete you TRAFFICATION account and your personal information contained in the account as well, please go to the Settings section “Terms and Conditions” and click on “Delete my data”. Please note that we will use our best effort to delete your personal information after reception of such notice, but it will not happen immediately.

We reserve the right to terminate your rights under these Terms at any time if you fail to comply with any of terms herein. Furthermore, we may terminate your rights under these Terms at any time if we have a good reason for that (for example, but not limited to the unavailability due to the change in technology).

11. Alternative and Online Dispute Resolution (ADR/ODR)

In accordance with the provisions of Regulation (EU) No 524/2014 of the European Parliament and of the Council of 21 May 2013 (“the Regulation”), are you entitled to use the out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts concluded between you as a resident of the Union and Škoda Auto established in the Union through the intervention of an ADR entity listed in accordance with Article 20 (2) of Directive 2013/11/EU.

12. Change of Terms and the Content

Škoda Auto reserves the right to change these Terms with future effect only. We will notify you immediately and explicitly in the case of such changes. Amendments to these Terms shall become part of the contract provided that you have received a notification of these amendments and you have not submitted an objection within six weeks of receiving the notification and provided that this notification contains explicit information regarding the consequences of the amendment.

Additionally, Škoda Auto reserves the right to expand or limit the scope of TRAFFICATION or change its functions at any time.

We would like to inform you that further use of TRAFFICATION by user who has not agreed to the changed Terms or changes made to TRAFFICATION is inadmissible.

13. Applicable Law and Jurisdiction

The sole place of jurisdiction for all claims resulting from and relating to the contract regarding the use of TRAFFICATION and in relation to it is the general court with jurisdiction in the area in which Škoda Auto has its seat, provided you are a legal entity.

If you are a consumer, Škoda Auto is only able to take legal action against you at the court responsible for your domicile or normal place of residence; you are able to take legal action against Škoda Auto at the court responsible for your domicile or normal place of residence and at any legally approved place of jurisdiction.

For all disputes resulting from or in relation to the contract regarding the use of TRAFFICATION, the law of the Czech Republic shall apply exclusively; application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Notwithstanding this regulation, if you are a consumer, the law of the country in which your domicile or normal place of residence was located when the contract was concluded shall apply.

RIGHTS AND CONTACTS