Privacy

Kia NZ Privacy policy

General: 

Kia NZ ("we", "us", "our")  acknowledges and respects the privacy of individuals. This policy sets out the way in which we collect, use, disclose, manage and protect your personal information. It is not intended to limit or exclude your rights under the Privacy Act 2020. 

Subject to change: 

This policy is subject to change. Any changes will be effective when a notice of the change is posted on our website. Please check this policy periodically so that you are aware of any changes.

Acceptance:

By using our services, our website and/or providing your personal information to us, you are consenting to the collection, use and disclosure of that information as set out in this policy (as amended from time to time).

Personal information

Kia NZ collects, holds and uses personal information in the following areas:

• Consumers

• Business Relations

• Employment

Consumer information is usually collected as owner information at point of sale or via promotions, competitions and consumer queries.

The information may include:

• Your name, address, contact number(s), date of birth (DOB) Drivers Licence number and email address
• Details of the vehicle/s you have purchased
• Information about your financial position and employment status
• Information about your preference for goods or services we offer from time to time
• Details of any prizes you may have won
• A record of any queries you have made

Purposes for collecting the information

Wherever possible, Kia NZ collects this information directly from you.

We use it for the following purposes:

• To contact you directly about Kia, its vehicles, reminders for servicing, safety recalls, special offers and other promotions
• To register new owners in our “Roadside Assistance Programme”
• To reward you for being a loyal Kia Motors customer
• To inform you of Kia products or publications we think you might be interested in
• To provide to Kia NZ dealers so they may inform you about finance options with the applicable finance companies, assist you with credit applications and inform you about special offers
• To approve transactions you wish to make
• To confirm your identity
• To provide you with products you have requested
• To follow up or pursue any queries you make
• To conduct consumer research

How we manage personal information

Kia NZ is dedicated to keeping personal information secure. This includes physical security, computer and network security, communications security and personnel security. 

We use a SSL certificate on our website to ensure the data you submit on the site is just between you and us, or other people who you agree we can supply the data to under this policy. Typically, SSL is used to secure credit card transactions, data transfer and logins.

Tracking and advertising

Kia NZ uses cookies which enables us to monitor traffic patterns and to serve you more efficiently if you revisit Kia sites. A cookie does not identify you personally but it does identify your computer.

Kia NZ uses Facilitate and the Google Display Network (GDN) to deliver online advertising where Kia banner ads are placed on third party websites. When you view a Kia NZ advertisement on a third party website, Facilitate and GDN uses “cookies” and/or ‘iframes’ to collect non-personal information. When you access the Kia website after viewing a Kia advertisement on a third party website, Kia collects information on how you use the Kia website, such as which web pages you view and what action/s you perform.

Google Analytics

Kia NZ uses Google Analytics to collect information on how you use Kia and third party websites.

Kia and its agencies use information collected to measure advertising effectiveness and relative consumer interest. This information may also be used to present relevant advertising on Kia.com/nz (and dealer pages) and other web sites where we advertise. Kia may disclose the information collected in aggregate (not personal) form only, to third parties including advertisers, potential advertisers, advertising agencies or its parent companies.

Hotjar

Hotjar is a new all-in-one Analysis and Feedback tool that reveals the online behaviour and feedback of website visitors. Hotjar gives us the 'big picture' of how to improve your website experience and our websites performance. Hotjar may be used to manage surveys and polls on the website, and all data collected is non-personal, which may be shared with our agencies and / or parent company. 

For more information about Facilitate, Google Analytics and Hotjar see the links below:

https://analytics.google.com

https://www.hotjar.com/privacy

Important information on promotions, competitions and other marketing activities for consumers

1. Kia NZ may enter your details into a database for the purpose of contacting you directly about Kia Motors, its vehicles, special offers, consumer research and other promotions unless otherwise advised by you. You can advise us if you would prefer not to be directly contacted by us. You may also request an update or correction of the personal information we hold about you by putting the request in writing to the Kia NZ Privacy Officer. Contact details are outlined below under ‘Access, and correction of details’.
2. Winners’ names and cities will be published in accordance with the terms and conditions of each promotion.

Disclosure

Unless specifically stated in this policy, Kia NZ does not sell, rent or otherwise make available any personal information to third parties. Kia Motors outsources certain business functions to other organisations and Kia Motor's dealers may use your personal information to facilitate lending with applicable finance companies if you make a finance enquiry.

For this purpose, and only for the purpose of providing services to Kia NZ, personal information may, as required, be transferred to or handled by:

1. Related companies
   
   
2. Organisations which provide services to us, such as mailing houses, promotion and advertising agencies and hosting sites / providers consumer research agencies
   
   
3. Credit reference agencies or other credit providers
   
   
4. Government or statutory authorities that may directly contact you on behalf of Kia NZ
   
   
5. Kia's dealers to enable such dealers to inform you about your finance options with applicable finance companies, and assist you with credit applications

How does it work?

All our pages are coded with a small piece of Cohesion Net Ratings code that is transparent to you when you read that page. The code stores a cookie in your browser (if you have enabled cookies) which contains a unique identifier to allow us to track the number of unique visitors to the website. This information is collected and aggregated by Cohesion Net Ratings and in no way can you be identified personally and no personal information is stored about you. Aggregated information is then provided to us by Cohesion Net Ratings to assist in our analysis of our websites. No individual visitors are identified.

Protection of personal information

Protection of personal information: We will take reasonable measures to protect all personal information stored within our database. However, the transmission of information using the Internet is not completely secure. Accordingly, we cannot guarantee the security of data transmitted to our site and any transmission is at your own risk.

Other sites: We may provide links on our website to other sites. If you use these links, you will leave our website and we will not be responsible for the content of such sites or their usage of your personal information. We recommend that you check the privacy policies of such sites before providing any personal information.

Access and correction of details

You can access personal information Kia NZ holds on you by contacting the Privacy Officer in writing. If the information held is inaccurate, incomplete or not up to date you may request Kia to correct the information.

Contact Kia Privacy officer

If you are concerned about a possible interference with your privacy, please contact the Privacy Officer Or write to: Kia Motors NZ, PO Box 204090, Highbrook, Auckland, 2161

Changes to the Privacy policy

We may update this Privacy Policy from time to time. Changes will be posted on Kia.com/NZ.

Kia Connected Car Services (CCS) / Over The Air (OTA) Application

Effective Date: January 1, 2024

1. Privacy Policy

Kia New Zealand Limited has put together this Privacy Policy to help you make informed decisions about sharing your personal information with us. When we say "personal information" we mean identifiable information about you and users of your vehicle (where you have their consent to provide us with that personal information). In this Privacy Policy we refer to Kia Corporation and its subsidiaries and affiliates collectively, as “Kia” “we,” “us” or “our”. Your privacy rights are important to Kia, as is your trust in Kia’s products and services.

This Kia Privacy Policy (this “Privacy Policy”) describes how we collect, store, use, and share your personal information through our Kia Connected Car Service (“CCS”) and Over The Air (“OTA”) update application via the vehicle infotainment system or the CCS and OTA application s (collectively the “Kia Connect Services”). It applies to:

•         all users (whether registered or unregistered) of the Kia Connect Services, including, for example when they provide information through any of the contact forms for Kia Connect Services, use the features of the Kia Connect Services, participate in promotions, offers or services provided through the Kia Connect Services; and

•         all users of the vehicle (whether or not they are the registered owner of the vehicle) registered through the Kia Connect Services,

and should be read in conjunction with the Terms and Conditions for use of CCS and OTA (referred to as “Terms of Use”).

Where a user of the vehicle or the Kia Connect Services is not:

•         the registered owner of the vehicle; or

•         the registered user of the Kia Connect Services

(collectively the “Unregistered User”), we rely on the fact that you (as the registered owner of the vehicle or the registered user of the Kia Connect Services) have obtained the Unregistered User’s consent to their personal information being provided to us.

This Privacy Policy also describes, as applicable, your rights regarding access, deletion, opting-out, and correction of your personal information.

We may modify this Privacy Policy at any time by giving you notice or by asking you to read and accept a new version. We may give you notice by posting a new version of the Privacy Policy at https://www.kia.co.nz. It is your responsibility to regularly review the Privacy Policy to see any updates or changes. Your continued access and use of the Kia Connect Services following notification of any changes will constitute acceptance of those changes. If you do not agree with any aspect of the updated Privacy Policy, you must immediately cease all use of Kia Connect Services.

Not Covered by this Policy: This Policy only applies to the Kia Connect Services and not to any other Kia website or online service, unless specifically indicated. Use of Kia’s websites and other services are subject to our applicable terms and conditions and privacy policy for those websites and services.

This Privacy Policy does not apply to any third-party websites even though we may link to these sites on our Kia Connect Services. It is the responsibility of those third parties to collect appropriate consents from you in order to permit their own cookies (to the extent this is required by law) and to inform you about the cookies they use. You should check the privacy policy on all third-party websites to ensure you are comfortable with third party cookies. We have no responsibility for linked websites and provide them solely for your information and convenience. We specifically disclaim responsibility for their content, privacy practices and terms of use, and we make no endorsements, representations or warranties about their accuracy, content or thoroughness. Your disclosure of personal information to third party websites is at your own risk.

User Consent

The Kia Connect Services rely on the collection of personal information that is submitted by you, or with your authority (or the authority of users of your vehicle as the case may be), to enable us to provide you with the Kia Connect Services. Failure to provide necessary personal information when requested may result in certain services or functionality of the Kia Connect Services not being available to you. By disclosing your personal information to us or using the Kia Connect Services, you understand and agree that Kia may collect, transfer, use, and disclose your personal information in accordance with this Privacy Policy. If required by applicable law, we will obtain your consent to our collection, use, transfer and disclosure of your personal information for those specific purposes. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR TERMS, THEN PLEASE DO NOT DISCLOSE PERSONAL INFORMATION TO US OR USE THE KIA CONNECT SERVICES.

Personal Information We Collect and How We Collect It:

We collect information about you from several sources: directly from you, from third parties authorized by you, and automatically through your use of the Kia Connect Services and interactions with us, our service providers and the service center we work with to provide the functionalities of the Kia Connect Services. For example, we collect personal information that you provide directly by completing one of the forms on the Kia Connect Services. We and our third party services providers also automatically collect usage data when you use the Kia Connect Services via tracking technologies; web analytics; and log files. We may combine the information we collect from these various sources.

Categories of Personal Information Collected:

The actual information we collect varies depending upon the circumstances and services we provide to you.

When you use the Kia Connect Services, Kia collects vehicle data and personal information of the type, and in the circumstances, as set out below.

•  Kia Connect modem & SIM data – for example, network service activation information, the Electronic Serial Number of the modem (ESN), SIM serial number (ICCID) and your Vehicle Identification Number (VIN) is automatically sent to Kia. This data is used to provide Kia Connect Services and to check network service activation.

•  User introduced data (via Kia Connect Account or set up of the Kia Connect Services) – for example, Name, email  address, date of birth, phone number, password, the fact that you accepted the Terms of Use, the verification PIN, the vehicle identification number (VIN) and the activation code, your personal warranty code, vehicle ownership details, vehicle type owned, vehicle registration plate number, and wireless phone number assigned to your Kia Connect Device (as defined in the Terms of Use). This data is used to manage your Kia Connect Account (from logging in through the Kia Connect Services until the Kia Connect Account is terminated); to provide you with the Kia Connect Account or features of the Kia Connect Services; to give you access to our services for which a Kia Connect Account or Kia Connect Services are required; and to notify you of any updates to the Kia Connect Account or the Kia Connect Services.

•  Vehicle functionality status – for example, data on how the vehicle is operated and used (e.g. use of steering, acceleration, seat belt status, operation of internal controls); maintenance data showing status of vehicle systems (e.g. fuel and fluid levels, and engine temperature); diagnostic data (e.g. Diagnostic Trouble Codes (DTCs) and Warning Indicator Light (WILs) when detected). This data is used to provide the Kia Connect Services.

•  To better understand and troubleshoot vehicle performance issues and for product research and improvement purposes.

•  Driving information – for example, data on how the vehicle is operated and used (e.g. use of steering, acceleration, seat belt status, operation of internal controls, fuel consumption, speed, use of brake and accelerator pedals, steering wheel movement, general vehicle operating parameters. This data is used to provide CCS and OTA services; to better understand and troubleshoot vehicle performance issues and for product research and improvement purposes including to inform predictive maintenance or repair.

•  Location data – for example, latitude, longitude, speed and travel direction of vehicle is collected in real time, including GPS location, and 360 view images of the area around the vehicle. The data is used to provide Kia Connect Services such as navigation, advice about avoiding traffic jams and road hazards, access to “smart parking” information, providing locally relevant information, locating vehicles); to better understand and troubleshoot vehicle performance issues and for product research and improvement purposes.

•  We share the vehicle’s location, direction and speed in pseudonymous form with HERE, our third-party real-time traffic information provider. HERE’s privacy policy is available at: https://legal.here.com/en-gb/privacy

•  Remote vehicle operations (available only when you have downloaded the CCS and OTA and linked to your vehicle) – for example, mobile phone information such as number, model, operating system, search content, usage information relating to the Kia Connect Services and personal location data. This data is used to enable remote vehicle operations (e.g. remote engine start and climate control operation); to better understand and troubleshoot vehicle performance issues and for product research and improvement purposes.

•  Safety and security – for example, crash event data such as whether airbags have been triggered or whether doors and windows are locked or open, informing emergency services in the event of an accident when the driver is unable to do so. This data is used to provide Kia Connect Services; to better understand and troubleshoot vehicle performance issues and for product research and improvement purposes.

•  Voice recognition data – for example, electronic data derived from your use of voice recognition features in Kia Connect Services including date, language, TID, NADID, latitude, longitude, VIN, information of audio codec, result of embedded VR engine, degree of temperature in HU(C/F), location. This data is used to provide the Kia Connect Services (e.g. weather information); to provide you customised services. We share data on an aggregate and on identifying basis with Cerence, our third-party provider of automotive voice and AI innovation products. Cerence’s privacy policy is available at: https://www.cerence.com/privacy-policy

•  Over-the-air update information – for example, current software and firmware versions of the vehicle’s modem and other technical specifications associated with it. This data is used to ensure the vehicle’s modem has all necessary updates.

Use of Personal Information

Kia uses the information collected above in several different ways. We may also use your information individually or combine it with other information to generate aggregate statistical information.

In general, we collect your personal information to use and disclose for the purposes of managing our relationship with you and providing the Kia Connect Services relating to your vehicle. We also collect your personal information for any purposes which you consent, and as otherwise authorized or required by law. 

Some of the specific purposes for which we collect, use and disclose personal information are:

•  to allow you to control certain vehicle features and to provide you with services via the Kia Connect Services;

•  to fulfil your requests and deal with your enquiries;

•  to personalise your experience and the communications you receive;

•  to manage and improve our business and our relationship with you;

•  to assess the quality of the services we and our dealers provide, and the services our suppliers provide to us or on our behalf;

•  to provide over-the-air updates to Kia Connect software or firmware;

•  to provide connectivity services (e.g. Live Traffic);

•  to assist our third-party service providers to perform services in connection with the vehicle (e.g. roadside assistance providers).

•  for troubleshooting purposes;

•  to carry out remote diagnostics activities;

•  to predict which Kia products or services could be of interest to you;

•  to direct market to you where you have consented to us doing so, or it is otherwise permitted by law;

•  to conduct research and develop new and improved products, services, and business and marketing strategies;

• To support our general business operations (e.g: administration of our general business, accounting, record keeping, and legal functions).
• To secure and protect our rights (e.g: where permitted by applicable laws, to protect our business operations, secure our network and information technology, assets, services, and legal rights; to prevent and detect fraud, unauthorized activities, access and other misconduct; where we believe necessary to investigate, prevent or take action regarding suspected violations of our agreements with you, as well as fraud, illegal activities, and other situations involving potential threats to the rights or safety of any person or third party).
• To comply with legal requests and obligations (e.g: to comply with the law or legal proceedings including using information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, and responding to national security or law enforcement disclosure requirements).

By using the Kia Connect Services, you consent to your personal information (and you confirm you have the consent of any user of the vehicle to provide their personal information where, and to the extent, required) being collected, stored, used and disclosed in these ways and for any other use you (and any user of the vehicle) authorise.

Anonymous and De-identified Information. We also may de-identify information and create anonymous and aggregated data sets and reports to assess, improve, and develop our business, products, and services; prepare benchmarking reports; and for other research and analytics purposes.

Disclosure of Personal Information

We disclose personal information to third parties to provide and improve our Kia Connect Services, products, and services; to reach you with more relevant information and offers; to provide you with information about third party offers you may be interested in; and to honor your consent or authorization. We also disclose personal information to the entities listed and for the purposes set out below:

• · Affiliates and Subsidiaries: Kia may share your personal information with Kia subsidiaries and affiliates located in your country or region or elsewhere for operational, analytic, and compliance purposes in order to take action on or respond to your communications.
• · Service providers and suppliers: We may disclose personal information to our vendors (such as Hyundai Autover, the New Zealand Automobile Association, Cerence - our third-party provider of automotive voice and AI innovation products, and Here - our third-party real-time traffic information provider), service providers, suppliers, contractors, or agents who use such data in order to perform functions on our behalf, including those who provide us with hosting, maintenance, backup, storage, infrastructure, analysis, marketing, delivery and other services for us. These entities are contractually required to use the personal information we disclose exclusively to provide their respective services, and not for their own independent purposes. Some of these service providers may be located in countries other than yours or ours.
• · Business transfers: We may disclose and transfer personal information as part of any merger, acquisition, financing, sale of company assets or interests in the company listed above, or in the case of insolvency, bankruptcy, or receivership, including during negotiations related to such business transfers.
• · Protecting rights and interests: We may disclose your information to protect or defend the safety, rights, property, or security of Kia, third parties, or the general public, including to protect the Kia Connect Services or our services, to detect, prevent, or otherwise address fraud, security, technical issues, or other activity which we, in our sole discretion, consider to be, or to pose a risk of being, illegal, unethical, or legally actionable activity. We may also use personal information as evidence in litigation in which we are involved, and as necessary to enforce this Privacy Policy, our Terms of Use, and other applicable agreements with you.
• · Legal compliance and lawful requests: We may disclose your information in accordance with applicable law to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding, in response to a subpoena, warrant, court order, or other legal process, or to cooperate with investigations or lawful requests, whether formal or informal, from law enforcement or government entities.
• · De-identified and Aggregated Data: We may share aggregate or de-identified information with third parties for research, analytics, and other purposes, provided such information does not reasonably identify you.

Disclosure to third parties. We do not disclose personal information through the Kia Connect Services to third parties in exchange for direct monetary compensation from such third parties. If it is necessary and appropriate to facilitate the purpose, or a directly related purpose, for which your personal information was collected pursuant to this Privacy Policy, we may disclose or make available personal information collected through the Kia Connect Services to third parties to receive certain services or benefits from them—for example, when we allow third party tags to collect information such as browsing history on the Kia Connect Services to improve and measure our ad campaigns. This disclosure can be considered a sale under certain laws, and the information “sold” in this manner includes: identifiers, customer records, commercial information, Internet or other electronic network usage data, and profiles and inferences to affiliates and subsidiaries, and analytics providers. These entities are contractually required to use the personal information we disclose exclusively to provide their respective services, and not for their own independent purposes.

International Transfers of Personal Information.

In connection with providing you the Kia Connect Services you accept that your personal information, and you confirm that any users of your vehicle whose personal information is provided to us in accordance with this Privacy Policy are aware that their personal information, may be collected or held in New Zealand or Asia and be disclosed to recipients in, or transferred to, or processed in, countries other than New Zealand, including South Korea. There may be differences between New Zealand's privacy laws and those of the overseas locations in which we may store and process your personal information. We may provide your personal information to third parties in countries other than New Zealand if we have reasonable grounds to believe that:

• the recipient is subject to New Zealand privacy laws;
• the recipient is subject to privacy laws in the recipient’s country that offer similar protections to those under New Zealand privacy laws;
• the recipient agrees contractually to protect the information in a way that provides comparable safeguards to those required by New Zealand’s privacy laws; or
• we have your permission.

Retention. The length of time we keep your personal information depends on what it is and whether we have an ongoing business need to retain it. We will retain your personal information for as long as your Kia Connect Services account is active or as needed to provide you with the Kia Connect Services, and as necessary to comply with our legal obligations, resolve disputes and enforce our agreements, in accordance with our internal retention policies and practices. Following that, we will make sure your personal information is deleted or anonymised.

Please contact our privacy officer at the email below if you have any questions about where your personal information is stored.

Your Rights and Choices

Subject to applicable law, you may request access to, correction, or deletion of certain of your personal information by contacting us via https://kia.co.nz/privacy/.

We will endeavor to respond to those requests in the time periods required by applicable laws. We may request certain information from you to verify your identity before responding to a request.

Opting-Out of Certain Communications. Kia offers you the opportunity to opt-out from marketing communications from Kia, and to opt out of certain disclosures of personal information to third parties by contacting us via https://kia.co.nz/privacy/ at any time. You can also follow the unsubscribe instructions in our marketing communications if you wish to stop receiving those messages.

1. Terms and conditions for use of Kia Connect services (CCS / OTA)

(“Terms of Use”)

2.1      The terms and conditions that will apply whenever you use Kia Connected Car Service (“CCS”) and Over The Air (“OTA”)) (collectively “Kia Connect Services”) are:

a)       these Terms of Use; and

b)       if you register (or have registered) for a Kia Connect Account, the Terms of your Kia Connect Account; collectively referred to as “Kia Connect Terms and Conditions”. In the event of a conflict or inconsistency between or among the above, the order of precedence will be in the order as they are set out above. 

2.2      You may use the Kia Connect Services after you have activated Kia Connect and for maximum period of five (5) years or until the vehicle is five (5) years old (whichever occurs first) beginning from the date of first registration of the new vehicle (“Complimentary Period”).

2.3      At the end of the Complimentary Period, we will notify you of the terms of your subscription (including fees and payment options) for your continued use of the Kia Connect Services. If you notify us that you do not wish to continue to use the Kia Connect Services or fail to pay the relevant subscription fees on their due date at the end of your Complimentary Period, we have the right to turn off your access to the Kia Connect Services via your Kia Connect Device.

2.4      If you sell your vehicle and the Complimentary Period has not expired when the vehicle is sold, the new owner of the vehicle is entitled to receive the Kia Connect services free of charge for the remainder of the Complimentary Period. [See paragraph 9 for information on what to do when you sell your vehicle.]

3        Introduction to Kia Connect Services

3.1      Kia Connect services allow you to connect with your vehicle because your vehicle is fitted with a modem containing a SIM. The modem and SIM (together, the Kia Connect Device) is embedded in the vehicle and just like other parts of a vehicle, is fitted at the factory.

3.2      There are two ways you can activate Kia Connect services:

a)       via the vehicle infotainment system; or

b)       by downloading the Kia Connect app, creating a Kia Connect Account and linking it to your vehicle (much like what you do when you pair your smartphone to your vehicle).

For information on how to activate Kia Connect and find out more about the Kia Connect services available to you, visit https://www.kia.co.nz.

3.3      To access the full range of Kia Connect services (including remote services) you need to activate Kia Connect by downloading the Kia Connect app, create a Kia Connect Account and link it to your vehicle.

3.4      The Kia Connect services are linked to your specific vehicle and therefore cannot be received in or transferred to another vehicle.

3.5      The Kia Connect services are not a primary safety or security feature of a Kia vehicle. As such, the Kia Connect services may not operate in all circumstances.

3.6      Not all Kia Connect services may be available for use with your specific vehicle – this may depend on your Kia vehicle model as well as the version of the software of the app and the infotainment system you are using. Find out more about Kia Connect services by visiting https://www.kia.co.nz.

4        Information about the telecom carrier

4.1      For vehicles fitted with a Kia Connect Device, Kia Connect services are only available in New Zealand and only in geographic areas covered by the telecommunications carrier selected by us (“Carrier”). Kia Connect services may include features that rely on the location services provided by your mobile device or using the wireless communication networks of the Carrier and the Global Positioning System (“GPS”) satellite network.  Not all the Kia Connect services are available everywhere, particularly in remote or enclosed areas, or areas not covered by the Carrier, or on all vehicles, at all times. The operation of the location services may be affected by issues outside our control, including your location, your activation or deactivation of location services on your mobile device, and services provided by your telecommunications service provider for your mobile phone. The area that you are driving in may affect the type or quality of service that we can provide to you. Additionally, some Kia Connect services may not be fully available if the GPS system or other mobile device features are not working. Certain programming limitations of the GPS system may impair our ability to determine your vehicle’s precise location.

4.2      You do not have any right in the wireless phone number assigned to your Kia Connect Device. We can change the number at any time. You agree that you have no contractual relationship whatsoever with the Carrier in regard to the provision of Kia Connect services. You also agree that the Carrier has no legal, equitable, or other liability of any kind to you.

4.3      Note, the Kia Connect Device fitted to your vehicle, will only work with 4G/LTE telecommunications networks. Where 4G/LTE is not available, 3G connectivity may be possible subject to the availability of, and compatibility of, the infotainment system with such networks. If a suitable network is not available, the Kia Connect services will not be available and all data transmission via the Kia Connect Device will cease.

5        Third party service providers

5.1      Kia Connect services are provided to you by Kia and its appointed service providers.  Those service providers include any entity that provides any service, equipment, or facilities in connection with the Kia Connect services or the Kia Connect Device, including, but not limited to, wireless service providers, underlying wireless carriers, suppliers, emergency responders, Kia authorised Dealers, Kia roadside service providers and are referred to as “Service Provider(s)”. We may interact with and/or engage one or more Service Providers as necessary to provide the Kia Connect services. We will use reasonable efforts to contact appropriate Service Providers including police, fire brigade or ambulance services for help when the Kia Connect Device in your vehicle signals for it, but we cannot promise prompt responses from the Service Providers and will not be responsible or liable in any way for any delay in response times by these Service Providers. If you require emergency assistance, you should always directly contact police, fire brigade or ambulance services as appropriate.

6        Benefits accessed via Kia Connect Services

6.1      Occasionally we may make benefits or offers available to you if you have a valid Kia Connect subscription. Any benefits or offers you decide to accept, will be governed by the terms and conditions of benefit or offer we notify to you at the time as well as any applicable third-party provider’s terms and conditions. We are not responsible for the provision of goods or services by a third-party provider, make no representations or warranties in relation to their goods or services, and have no liability to you in relation to their goods or services.

7      Over-the-air (OTA) updates

7.1          Vehicles may be equipped to perform over-the air (OTA) software updates to map and vehicle systems.

7.2          The provision of Kia Connect services involves software and firmware (both in your vehicle and in the Kia Connect App) that we may need to change or update from time to time. We may do this remotely, notifying you first.

OTA software updates may only be performed on genuine Kia parts and software and modification of the hardware or software of the vehicle may inhibit the ability to successfully complete the update. OTA updates will overwrite current software on the vehicle. OTA updates may cause some settings to reset to default settings and may affect or erase data you have stored on the infotainment system in your vehicle or in the Kia Connect app. We recommend that you retain a separate copy of any data you have stored on the infotainment system or in the Kia Connect app.

7.3          We are not responsible or liable in any way for any lost data.

7.4          You do not own the Kia Connect software, firmware or the Kia Connect App or acquire any rights to use or modify the Kia Connect software or firmware on your own.

7.5          Any updates to the Kia Connect software or firmware will be provided subject to the Kia Connect Terms and Conditions.

7.6          To provide you with an OTA update, we may collect and process data from your vehicle such as Vehicle Identification Number, versions of the vehicle’s modem and other technical specifications associated with it.

7.7          OTA software updates can only be installed if all the following preconditions are met:

a)      turn the ignition off

b)      turn the headlights off

c)      ensure the vehicle is in park

d)      ensure the bonnet is closed

e)      ensure the parking brake is engaged

f)       ensure the vehicle has sufficient battery charge to perform the update

g)      any other conditions we notify you of at the time

7.8          The OTA software update will download in the background provided the vehicle is located in a geographic area covered by the Carrier, and install only after the user has consented to and accepted the update and all required preconditions are met.

7.9          Before commencing an OTA update customers MUST be aware that during the update:

a)     You cannot use the vehicle during the update

b)    Customers MUST ensure they have enough time for the update, and safely park the vehicle before starting the update process

c)     You cannot start the vehicle remotely

d)    Vehicle charging is not available

e)     You must / can only charge the vehicle before or after the update is complete

f)      If there is an update for the Kia Digital Key feature (if vehicle equipped with this function), the doors cannot be locked or unlocked using the digital key, fingerprint recognition, or face recognition. If the Kia Digital Key feature is being updated, use the smart key to lock or unlock the doors

g)    The update will be automatically cancelled if any vehicle conditions required for the update are changed before starting the update

h)    Once the update has started, you cannot cancel the update

i)      Note that the high-voltage-related modules for charging the 12V battery may work during the update

j)      You cannot use the OTA software update feature if you modify or replace any vehicle software

k)     Do not open the bonnet, replace the battery, or connect diagnostic tools to the components in the motor compartment during the update. Doing so may cause the update to fail

7.10        Primary subscribers of Kia Connected Car Services will receive a notification of the update after the installation is completed

7.11        If the OTA update fails for any reason, you can refer to the Kia webpage to troubleshoot the issue, contact your local Kia Dealer or contact Kia NZ https://www.kia.co.nz/about-kia/contact-kia-2/.

8        Privacy and data protection

8.1      For information on how we collect, use, share, store and process personal data in connection with the provision of the Kia Connected Car service (CCS) and Over the Air (OTA), please refer to our Privacy Policy – Kia Connected Car Services (CCS) / Over The Air (OTA) Application, the terms of which form part of these Terms of Use. Our ‘Privacy Policy Kia Connected Car Services (CCS) / Over The Air (OTA) Application can be found at https://www.kia.co.nz. Further information on Kia’s privacy practices more generally is available on our website at https://www.kia.co.nz.

8.2      You are responsible for ensuring, and agree that you will ensure that anyone you share your vehicle with:

a) is aware that the Kia Connected Car Services are activated and that data (in particular location/GPS data) will be collected and processed as described in the Privacy Policy Kia Connected Car Services (CCS) / Over The Air (OTA) Application.

b) consents to their personal information (to the extent it is required to use Kia Connected Car Services (CCS) / Over The Air (OTA)) being collected and processed as described in the Privacy Policy – Kia Connected Car Services (CCS) / Over The Air (OTA) Application.

8.3      If you register (or have registered) for a Kia Connect Account which is linked to your vehicle, you will be able to view all information collected when Kia Connect services have been utilised (including the vehicle’s location and information about the vehicle), irrespective of the driver, user or occupant, when you access your Kia Connect Account.

8.4      If you share your Kia Connect services or if more than one Kia Connect Account is connected to the vehicle, each Kia Connect user will have access to the vehicle’s location; services which allow the vehicle to be remotely started, locked and unlocked (if equipped); and services which show information about the vehicle’s status (for example, its fuel level).

9        User Obligations

9.1      You are solely responsible for:

a)       any use of the CCS or OTA update services in your vehicle, even if you are not the one using it;

b)       the costs of any emergency services requested by you, or by anyone using your vehicle including as a result of an automatic collision notification or when you press the SOS button;

c)        providing contact information for use by the emergency assistance centre when using the Kia Connected Car Services including in the event of an automatic collision notification or when you press the SOS button;

d)       ensuring your passengers or drivers of your vehicle are aware of the data collection, use, sharing and retention terms of the Privacy Policy – Kia Connected Car Services Application as well as the Kia Connect Terms and Conditions;

e)       ensuring that your vehicle is secured, parked and in proper gear, under conditions that make it safe to activate any of the remote features of the Kia Connect services, including ensuring that starting your vehicle remotely will not breach any law or regulation applicable to the location of your vehicle at the time of activation;

f)        if you sell your vehicle, completing the following steps to deactivate Kia Connect services:

i.        Deactivate Kia Connect via the infotainment system; or

ii.        Delete (deactivate) the vehicle from the vehicle list via Kia Connect app (need to log-in through the primary account)

Alternatively, you can visit https://www.kia.co.nz for more information or notify us to deactivate your Kia Connect Services;

g)       notifying any new owner of the vehicle about the following matters: (i) the vehicle contains a Kia Connect Device and is subject to these Terms of Use;

9.2      Neither we nor any Service Provider has any obligation to inquire about the authority of anyone using your vehicle.

9.3      If you or a driver of your vehicle uses the Kia Connected Car services or Over The Air update to commit a crime or for another improper purpose, you will indemnify us for any loss arising as a result of such use, and you will be responsible for any fines, loss or damages owed by us as a result of such use.

9.4      When you use the Kia Connected Car services or Over The Air update service, you agree to:

a)       not to use the “SOS” button except for when you require the assistance of an emergency services provider including ambulance, police or fire brigade; and

b)       not to use your Kia Connect services for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provision of Kia Connect services to our other customers.

9.5      You acknowledge that some Kia Connect services will only work if your vehicle has a working electrical system, including adequate battery power for the Kia Connect Device to operate.

9.6      The use of Kia Connect services requires a password. You must choose a password that is sufficiently secure to prevent unauthorised access. We may specify the requirements for a secure password. You are responsible for keeping your password secret. If you suspect that an unauthorised third party knows your password, please immediately change the password. If you suspect that an unauthorised third party had access to our services with your Kia Connect Account, please contact us via www.kia.co.nz/about-kia/contact-kia-2/

10       Intellectual Property Rights

10.1     The Kia Connect Services and their content is protected by applicable copyright or other intellectual property rights, with all rights reserved. All rights in the Kia Connect services, in particular the underlying software, the content and arrangement, are owned by or licensed to Hyundai Motor Group. ("Hyundai Motor Group" refers to Hyundai Motor Company and its affiliated companies of which we are one.)

10.2     Nothing in the Kia Connect Terms and Conditions shall be construed as granting a licence or right to you to:

a)       use any image, trademark, service mark or logo, all of which are the property of Hyundai Motor Group. Hyundai Motor Group reserves all rights with respect to its proprietary information or material in connection with the Kia Connect services or Kia Connect Account and will enforce such rights to the full extent of applicable copyright and trademark law;

b)       rent, lease, sub-license, loan, provide, or otherwise make available, Kia Connect services in any form, in whole or in part to any person without prior written consent from us;

c)        copy the Kia Connect services, except as part of the normal use of the Kia Connect services or where it is necessary for the purpose of back-up or operational security;

d)       translate, merge, adapt, vary, alter or modify the whole or any part of the Kia Connect services nor permit Kia Connect services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use Kia Connect services on devices as permitted in the Kia Connect Terms and Conditions;

e)       disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Kia Connect services.

11       No warranties and liability

11.1     We do not represent or warrant that you will have uninterrupted or problem-free services when you use Kia Connect services or your Kia Connect Account or that the data or information provided to you will be complete, current, accurate or error-free. All data and information is provided to you on an “as-is” basis for general information purposes only and you agree to obtain your own advice and not rely soley on the data or information provided before taking, or refraining from taking, any action on the basis of information obtained from the Kia Connect services or your Kia Connect Account. To the maximum extent permitted by law, we expressly disclaim any and all warranties, conditions, representations or guarantees of any kind, express or implied, about the Kia Connect services and any data and information and services provided through it, including, without limitation, any warranties as to content, quality, accuracy, timeliness, completeness, correctness, reliability, non-infringement, merchantability, or fitness for a particular purpose. Where a warranty cannot be excluded by law, if we breach such a warranty in respect of the delivery of any service under the Kia Connect Terms and Conditions, we reserve the right (to the extent permitted by law) to remedy the breach by providing the service again or paying for it to be provided again.

11.2     Our maximum aggregate liability to you arising in any way whatsoever in relation to the Kia Connect Terms and Conditions and the Kia Connect services (including for breach of contract, personal injury, tort including negligence, products liability or any other way, and whether the liability is direct, indirect or consequential) is limited to the greater of (i) $500; or (ii) the total amount paid by you for the portion of the Kia Connect service giving rise to the claim during the 12 months preceding the date your claim arose. You agree that we would not have agreed to provide Kia Connect services to you if you did not agree to this limitation. Subject to our right to remedy a breach in clause 11.1, this amount is the sole and exclusive liability of us to you.

11.3     We have no liability for any indirect, consequential, incidental losses or special damages of any kind arising in connection with, or as a result of the Kia Connect services or otherwise in connection with the Kia Connect Terms and Conditions.

11.4     Kia Connect services have not been developed to meet your individual requirements. Please check that the facilities and functions of Kia Connect services meet your requirements.

11.5     The Kia Connect services are intended to be used only in accordance with the Kia Connect Terms and Conditions.

12       Miscellaneous

12.1     We may modify these Terms of Use at any time by giving you notice or by asking you to read and accept a new version. We may give you notice by posting a new version of the Terms of Use at https://www.kia.co.nz. It is your responsibility to regularly review these Terms of Use to see any updates or changes. Your continued access and use of Kia Connect services following notification of any changes will constitute acceptance of those changes. If you do not agree with any aspect of the updated Terms of Use, you must immediately cease all use of Kia Connect services.

12.2     We may assign or transfer our rights and obligations under these Terms of Use to another organization (in whole or in part), but this will not affect your rights or our obligations under these Terms of Use.

12.3     These Terms of Use are governed by the laws of New Zealand. You and we submit to the exclusive jurisdiction of its courts and courts of appeal from them. You and we will not object to the exercise of jurisdiction of those courts on any basis.

12.4     If any provision (or part thereof) of these Terms of Use is held invalid, unenforceable or illegal for any reason, that provision (or part thereof as the case may be) will be severed and the remainder of these Terms of Use will remain otherwise in full force.

Appendix – Calendar Terms & Conditions 

1-1. Purpose of collection and use : To provide schedule information service in conjunction with a calendar

1-2. Collected items : ID of the calendar service (Google, iCloud etc.), authentication and schedule confirmation of the calendar service, information for synchronization *(access token, refresh token, client id, client secret, homeset url, ctag, event url, calendar display name, etag)

1-3. Immediate deletion when KIA Connected Service membership is withdrawn, account is deleted on the KIA Connected Service mobile application or when service is not provided anymore.

1-4. Service unavailable if you do not agree.

I agree that your company collects and uses information for the above purposes.

2. The service provided by us is “linked” with the calendar (schedule) service, and if the service provided by the calendar service providers is interrupted or stopped, this schedule information service may be also disabled or discontinued without prior notice. We do not take any responsibility for failure / stoppage of this service for reasons of the calendar providers. You can use the schedule information service only if you agree to this.

Dated April 2024