CONNECTED VEHICLE SERVICES PRIVACY POLICY

Updated January 1, 2020

As the provider of Connected Vehicle Services to your Mercedes-Benz vehicle, Sirius XM Connected Vehicle Services Inc. ("Sirius XM CV") takes your privacy very seriously. This Privacy Policy (this "Policy") informs you how we collect, share, and protect information we receive from subscribers to Connected Vehicle Services through the provision of the Connected Vehicle Services and the use of www.connectedvehicleservices.com (the "Site")(together, the "Services"). This Policy supplements any Subscriber Agreement you have for the Services, and any privacy provisions contained therein. Please note this Policy may be changed from time to time, and that any changes will supersede any previous version of this Policy.

WHAT INFORMATION IS COVERED AND NOT COVERED BY THIS POLICY

Covered: This Policy applies to information that we collect, access, or use about you or your vehicle (including information from or about any of the occupants in your vehicle) through the Services or as described herein.

Not Covered: Sirius XM CV provides the Services to you independently from any services provided by Mercedes Benz, and this Policy does not govern any information collected, used or retained by Mercedes-Benz or its dealers. Any other devices or applications that you connect to your vehicle may allow information to be transmitted to or collected by connected services providers other than Sirius XM CV. Sirius XM CV has no control over such other connected services, and this Policy does not cover information you provide to or that is collected, used or disclosed by connected service providers other than Sirius XM CV. Please see your vehicle's owner manual or the privacy policies of the respective service provider or application for more information about their data collection and use practices.

This Policy does not restrict our use or sharing of information which is anonymized or in an aggregated form, (i.e. information that cannot be used to directly identify you or your vehicle).

INFORMATION WE COLLECT

Information that may identify you or your vehicle may be collected, used, and shared by us in accordance with this Policy and the laws, rules, and regulations of the United States. Connected Vehicle Services are activated if you place a call to our Response Center or to the Mercedes-Benz Customer Assistance Center via the Information or Roadside Assistance buttons in the vehicle, if an airbag or seat belt emergency device in your vehicle deploys, if the response center receives an alarm notification from your vehicle, if you default on the financing or payment terms of your vehicle, or if you or someone you authorize on your behalf reports to us that your vehicle has been stolen and in response to the filing of a stolen vehicle police report, we execute the Stolen Vehicle Location feature.

We collect and store personal information in relation to your Connected Vehicle Services subscriber account, such as name, address, email address, account or credit card number, and your Connected Vehicle Services account password through your use of the Site. We collect your Vehicle Identification number, model and year of your Mercedes-Benz, the type of telematics device in your vehicle and its capabilities. We may collect and retain the following service-related information: location and direction of travel of your vehicle, caller identification, date and time of call or Vehicle request for the Services, and an audio recording of our communications while the Services are being provided. We may also monitor or record any conversation you or others have with our Response Center for quality assurance purposes and internal record keeping. By using the Services, you expressly consent to such monitoring and recording, on behalf of yourself and anyone using your vehicle or making contact with us through a Response Center.

In addition, we may collect and record data of your use of the Site ("Site Usage Data"). Site Usage Data includes without limitation the date and time you visit the Site, time spent, type of browser, and IP address or type of device used to access the Site.

USE OF YOUR INFORMATION

Our primary purposes for the collection of information from you and your vehicle is to deliver the Connected Vehicle Services to you, to enable our communication with you, and to administer your account. We may also use your information for a statistical analysis of service usage, to improve our product offerings, to customize the services and to maintain contact with you.

SHARING YOUR INFORMATION

In performance of the Connected Vehicle Services: Sirius XM CV may share your information with Mercedes-Benz, roadside assistance providers, emergency service providers and other third party service providers, such as payment processors and marketing print and email delivery services, for the purpose of delivering the Services, for communicating with you, and for administering your account. We may share information with your Mercedes-Benz dealer in order to allow the dealer to contact you. We also share information with law enforcement authorities in cases of stolen vehicle recovery services where a police report has been filed.

For Other Purposes: We may share personal information and/or provide the location of your vehicle to Mercedes-Benz affiliates involved in the financing of your vehicle if you have defaulted on the terms of your financing arrangement. In response to a legal obligation or a valid subpoena or court order, we may disclose your information, including personal information or location information, to law enforcement, government or quasi-government agencies, or in other instances to comply with the law or orders of courts or other governmental authorities, to enforce or apply the terms of our agreements with you, or to act under exigent circumstances to protect the property, rights or safety of Sirius XM CV, users of the Services, the Site, or any third party.

We may also provide aggregate statistics about our subscribers and related Connected Vehicle Services information to third-party vendors, but these statistics will not include any personal identifying information.

We may use third party suppliers for the collection of Site Usage Data, including personal information that you enter during your visit to the Site. Site Usage Data may be collected through server logs or through the use of “cookie” and other data capture features of Internet browsers and Internet-enabled devices. We use Site Usage Data to assess and improve the quality of our services to you. Other than as described here, we do not share Site Usage Data with third parties. We do not respond to “do not track” beacons or other mechanisms. You may have received a tracking mechanism prior to your visit to the Site from other parties that will continue to track your activity while on the Site. Such data would be subject to the privacy policy of the other party from whom you received the mechanism, and we do not control or receive data from such mechanisms. For more information on how to opt-out of advertiser tracking mechanisms, please visit www.networkadvertising.org/managing/opt_out.asp.

UPDATING OR CHANGING YOUR ACCOUNT INFORMATION

You may modify, correct, change or update the information you provide upon activation of the Connected Vehicle Services, or at any other time upon request. To modify this information, please write us at Sirius XM CV, P.O. BOX 33058, Detroit, MI 48232 or contacting us at 1-800-756-9018, Option 4.

SAFEGUARDING YOUR INFORMATION

We use a variety of procedural, physical, and technological safeguards to protect your information from unauthorized access, use, or disclosure. For example, we employ the use of encryption technologies and user authentication systems such as passwords and personal identification numbers. All personal information is stored under secure measures with limited access by authorized individuals. Although we take your privacy very seriously and we use industry standard practices to protect the privacy of your information, we cannot guarantee that your information will always remain private. It is important for you to protect against unauthorized access to your password, PIN, and your computer. Be sure to sign off when finished using a shared computer. We assume no responsibility or liability for any theft, loss, or changes to your personal information resulting from your sharing of your password.

WE ASSUME NO RESPONSIBILITY OR LIABILITY WITH REGARD TO ANY THEFT, LOSS, ALTERATION OR MISUSE OF PERSONAL INFORMATION OR OTHER INFORMATION WHICH WE LAWFULLY PROVIDE TO THIRD PARTIES, OR WITH REGARD TO THE FAILURE OF ANY THIRD PARTY TO ABIDE BY THIS PRIVACY POLICY OR AGREEMENT BETWEEN THAT THIRD PARTY AND SIRIUS XM CV OR YOU. Please refer to our Subscriber Agreement for additional Disclaimers of Warranties and Limitations on Liability.

SECURITY OF THE WIRELESS CELLULAR NETWORK.

In providing services to you, voice and data are transmitted between the response center and your vehicle over a cellular wireless network. No method of electronic transmission, or method of electronic storage, is 100% secure, and it may be possible for third parties not under our control to intercept or access information unlawfully. Therefore, the privacy and security of conversations or data transmitted to and from the vehicle cannot be guaranteed.

YOUR CONSENT By using Connected Vehicle Services, you agree to the practices and procedures described in this Policy. We may change this Policy at any time by posting a notice on www.connectedvehicleservices.com. You can access the current Policy at that web site, or request a copy from Sirius XM CV at Sirius XM Connected Vehicle Services, P.O. BOX 33058, Detroit, MI 48232 or 1-800-756-9018, option 4. Your continued use of Connected Vehicle Services after any such change is made constitutes acceptance of the terms of the modified Policy. You also consent to our contacting you in your vehicle, at your address on file, or at any phone number on file, even if you incur a charge (such as SMS texting charges) as a result, for the purpose of delivering Connected Vehicle Services to you and to discuss and/or update your account.

YOUR PRIVACY RIGHTS UNDER CERTAIN STATE LAWS

Please see below for additional provisions required under the consumer privacy law of the respective states.

Nevada Residents: If you are a resident of Nevada, you may apply limits to the sale of certain personal information to third parties for resale or licensing purposes, subject to applicable law. Sirius XM CV does not sell your personal information for any use. You are entitled to register your preference for limits on such sales in the future by sending an email to privacy@siriusxm.com, with the subject line, “Nevada Do Not Sell Request” along with your first and last name, zip code, and whether you are a former or current subscriber to the Connected Vehicle Services. If you are a former or current subscriber, in order to process your request, your email address must match the email address on your account.

California residents:
Your rights under Cal. Civ. Code § 1798.83 (Shine the Light law): We do not share your personal information (as defined) with unaffiliated third parties for their own independent marketing purposes without your consent. You may request the categories of personal information we shared with third parties for their own marketing purposes and the names of those third parties during the previous calendar year. To make your request to Sirius XM CV, please write to: Sirius XM Radio Inc., Attn: Legal Department - CA Privacy Rights, 1290 Avenue of the Americas, 11th Floor, New York, NY 10104. Requests that come to us by other means may result in a delayed response.

Your rights under the California Consumer Privacy Act of 2018 (CCPA): Under CCPA, we are required to provide certain information about your rights and the personal information we collect and disclose for a business purpose. To view this information, please see the section below, Your California Consumer Privacy Act Rights.

YOUR COMMENTS
Your privacy concerns are important to us. All privacy-related complaints should be made first, through our internal complaint resolution process by submitting a written complaint via direct mail to:

Privacy Officer
SIRIUS XM
1500 Eckington Place, N.E.
Washington, D.C. 20002

Or send an email to privacy@siriusxm.com.

Please do not send personal or sensitive information via email.


YOUR CALIFORNIA CONSUMER PRIVACY ACT RIGHTS

Updated: January 1, 2020

This page contains a description of the rights of California residents under the California Consumer Privacy Act (CCPA) as well as disclosures required by CCPA. For additional information regarding our privacy practices, see the Connected Vehicle Services Privacy Policy above.

Right to Opt Out

Sirius XM CV does not sell your personal information to other businesses for their own marketing purposes, or exchange it for any other form of consideration to our business. You have the right to tell us not to sell your personal information, as described under CCPA, to the extent that we might do so in the future. To inform us of your preference to opt out of the sale of your personal information, visit Do Not Sell My Info. We will notify you and/or your authorized agent when the request has been processed.

Right to Know

You have the right to be informed about our collection, use and sharing of personal information we collected from you during the twelve (12) months before we received your request. Upon your verified and authenticated request, we will provide you the following information:

You also have the right to request access to personal information we have collected during the last twelve (12) months. Upon your verified and authenticated request, we will provide such information to you electronically, in a portable format where feasible, according to CCPA guidelines.

Right to Deletion You have the right to request that we delete personal information that we have collected from you. We are unable to delete information needed to (a) continue to service your account, provide you with the Services, or complete a transaction; (b) detect, prevent or prosecute security incidents, fraud, or other misuse; (c) repair or debug errors in our products, services, systems or functionality; (d) comply with legal or reporting obligations, enforce or comply with contractual obligations, respond to valid requests for information from law enforcement or other governmental agencies or otherwise comply with or enforce applicable laws or regulations; or (e) exercise or enforce any other exceptions provided by CCPA.

Price and Quality of Service If you choose to exercise any of your rights under CCPA, we will not (a) deny you service, (b) charge you different prices or rates, such as applying a discount or penalty; or (c) provide you a different level or quality of services. We may, however, offer you a different price, rate, level, or quality of services if the difference in price, rate, level or quality is reasonably related to value provided to us by your information.

HOW TO SUBMIT REQUESTS

Submitting Requests

Requests to opt-out, know, or delete must each be submitted separately. You may submit to us up to two (2) requests to know or up to four (4) requests to delete within a twelve (12)-month period. To submit a CCPA request, please visit this page or call (866)443-9981.

Verification and Authorized Agents

For your protection, you must provide sufficient information to verify your identity in order for us to act upon a request. If you are or have been a Connected Vehicle Services subscriber, you must provide and have access to the email address on file for your account, and will be asked to match certain specific other data associated with your account. If we cannot verify your identity, we may provide only the information that we determine is safe to provide or we may deny your request. In that event, if you have provided us with viable contact information, we will let you know why we are unable to honor your request as submitted.

You may authorize someone to make a request on your behalf. You must supply the person with written permission to act on your behalf, and they must provide proof of such authorization before we will act upon the request. If you are submitting a request to know or delete through an authorized agent, you must verify your identity directly with us through the process outlined above, unless your authorized agent is acting pursuant to a power of attorney under the California Probate Code.

COLLECTION AND SHARING OF PERSONAL INFORMATION

Categories of Personal Information We Collect

We collect the following categories of personal information:

  1. Contact and other account information, such as your name, email address, postal address, phone number, zip code, VIN, the sale or lease date of your vehicle, the date of a Vehicle Disposition Event, password, and device and other technological identifiers;
  2. Payment information, such as credit or payment card number, card expiration date, and zip code;
  3. Commercial information, such as usage data related to the Services you have requested, obtained or purchased, selection of Service package, duration and price, price adjustments, renewal dates, participation in and responses to marketing campaigns, or other purchasing or consuming histories;
  4. Information collected from your use of the Site, such as your IP address when you use the Site, and browsing history;
  5. Geolocation data, transmitted by your vehicle when your vehicle or you initiate a service command;
  6. Audio recordings, such as service interactions with our customer care centers or any interactive in-vehicle recording service, as described in the Connected Vehicle Services Terms and Conditions and Privacy Policy; and
  7. Vehicle Data, such as model and year, type of telematics device, malfunction indicator lights, and speed or direction of travel.


Business or Commercial Purposes for Collection, Use, and Sharing of Personal Information

Sirius XM CV collects, uses, and shares personal information for the following business and commercial purposes:

  1. Performing the Services and service-related administration, including to maintain your account; to provide the Services to you and your vehicle; to provide customer service and fulfill your requests for service from third parties; to process payments and renew paid service; to send you service-related information about your account or your vehicle; and to notify you of administrative information, such as security or support and maintenance advisories;
  2. Security, including detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, conducting risk management, and to otherwise protect the safety and security of Connected Vehicle Services subscribers and networks;
  3. Debugging to identify, prevent, and repair errors that impair or may impair the Connected Vehicle Services;
  4. Auditing, including maintaining records for financial and other compliance with laws and other standards;
  5. Undertaking internal research for technological development for the improvement and advancement of Sirius XM CV’s products and services;
  6. Improving and maintaining quality of service, including undertaking activities to verify or maintain the quality of Connected Vehicle Services, and upgrading our infrastructure;
  7. Commercial purposes, such as recording service usage data and communicating to you regarding your subscription status and renewals for your Connected Vehicle Services subscription; and
  8. Legal purposes, such as protecting or defending the legal rights or property of Connected Vehicle Services subscribers, Sirius XM CV, our affiliates, employees, agents, and contractors (including enforcement of our agreements), and complying with the law, legal process, or valid legal and government requests.


Categories of Sources of Personal Information

We collect the personal information listed above from the following categories of sources.
  1. Subscribers;
  2. The vehicle device; and
  3. Entities providing support for our business with you, such as customer care support agencies, concierge services, dealerships and other service providers.


Categories of Third Parties With Whom We Share Personal Information

  1. People you designate, such as additional drivers or emergency contacts;
  2. Service providers that provide specialized services, or support for the Services, such as: payment processors; customer care support providers; concierge service providers; content providers for services, such as navigation and point of interest services; privacy, security and fraud detection providers; platform technology providers; and marketing support providers, such as print mail vendors and email distributers.

    These companies are authorized to use your personal information only as necessary to provide the Services. They are not authorized to use your personal information for their own, unrelated purposes.
  3. Governmental or quasi-governmental agencies or organizations that make valid legal requests for information or to whom Sirius XM CV shares information to protect or defend the legal rights or property of Sirius XM CV or our affiliates, employees, agents, and contractors (including enforcement of our agreements);
  4. Related companies, including our parent corporation Sirius XM Radio Inc. and its subsidiaries, or any successors in interest in the event of a corporate reorganization, merger, or sale of all or substantially all of our assets;
  5. Litigants or other parties to legal proceedings that make valid legal requests for information or Sirius XM CV, or the legal rights of businesses we have agreements with, employees, agents, and contractors (including enforcement of our agreements); and
  6. Other third parties you have authorized, if you have given permission for us to share data about you with them.


If you have any questions about any of the information in this section or in the Connected Vehicle Services Privacy Policy, please contact Sirius XM CV at privacy@ siriusxm.com.