Privacy Policy

Processing of video, image and audio data in the context of test drives for research, development and testing of EvoBus GmbH for driving assistance systems, automated driving, driving functions and other services  

Privacy policy for the processing of video, image and audio data in the context of test drives for research, development and testing of EvoBus GmbH for driving assistance systems, automated driving, driving functions and other services. 

The protection of personal data is our top priority and is taken into account in all our business processes. In the following data protection notices, data subjects will receive an overview of the processing of personal data by EvoBus GmbH in connection with the processing of video, image and audio data as part of the EvoBus research, development and testing processes on driving assistance systems, automated driving, driving functions and other services. Personal data means any information relating to an identified or identifiable natural person.

With this data protection notice we inform data subjects about the nature, scope and purpose of the processing of personal data and how we handle this data within the framework of the above-mentioned research, development and testing processes.
In addition, data subjects will be informed of their rights with regard to the processing of personal data.

1. Who does this Privacy Notice apply to?

Here we inform data subjects about the protection of personal data in the collection, processing and storage of video, image and audio data inside and outside of the public transport area as well as - to the extent permitted by other law - on private factory, test and other premises. This data is collected by specially designated test vehicles of EvoBus GmbH and of cooperation partners of EvoBus GmbH on its behalf for conducting research, development and testing in the fields of driving assistance systems, automated driving, driving functions and other services. This data processing is potentially affecting who is in the vicinity of one of the marked test vehicles during testing operations.

2. Who is responsible for the processing of the data and who can be contacted by data subjects regarding data protection?

Responsible for the processing of personal data described below (unless expressly designated by another body other than responsible body) is:

EvoBus GmbH (We)
HPC R512
Mercedesstraße 127/6
70327 Stuttgart
Germany
E-Mail: mbox-datenschutz-evobus@daimler.com

HRB 17316

The contact person for your data protection questions is as data protection officer:

Chief Officer for Data Protection
Daimler AG
HPC E600
70546 Stuttgart
Germany
E-Mail: data.protection@daimler.com (subject: EvoBus active security systems)

3. Where does the data come from and what data is processed?

Within the scope of the above-mentioned research, development and testing processes, marked test vehicles move in the public transport area as well as - to the extent permitted by other law - on private factory, test and other premises. The vehicles are equipped with camera systems with different detection directions, focal lengths and sensor technologies, as well as some with external microphones and other sensor systems. These systems collect, process and store video, image and audio data from the vehicle environment for the purposes described in Section 4 of this Privacy Policy.

This data may also contain the following personal information, depending on the individual case:

  • Faces, other characteristics and behaviour and environment of road users and other persons in the vicinity of the test vehicles 
  • License plates, other characteristics and surroundings of vehicles and other objects in the vicinity of the test vehicles
  • Acoustic information from the vicinity of the test vehicles
  • Additional data from other sensor systems (such as radar, lidar) as well as GPS position and timestamp of data acquisition

4. What is the data used for (purpose of processing) and on what basis (legal basis) is this happening?

The purposes of this data processing are research, development and testing in the areas of driving assistance systems, automated driving, driving functions and other services, including documentation of these processes and fulfilment of other downstream obligations.

Driving assistance systems and driving functions already serve to increase road safety, but also comfort, in today's vehicles. In future automated and autonomous vehicles, technical systems for the perception and management of traffic and environmental situations enable such vehicles to participate in public transport in a compliant and safe manner. Other services make it possible to make means of transport, traffic and traffic systems safer, more efficient and more comfortable.

Research, development and testing of such systems require their use in test vehicles under real environmental and traffic conditions - also in public transport areas - including the collection, processing and storage of video, image and audio recordings during and after these operations. Using these materials, technical systems for the perception and classification of road users, vehicles, infrastructure and other objects in the context of traffic and environmental situations are researched, developed and tested.

In the context of data processing, persons, vehicles, other objects and audio information are analyzed, classified and further processed only as "objects" in the context of traffic and environmental situations; e.g. as "pedestrian on the right side of the road", "car on junction", "siren signal behind the vehicle". A name or other personal identification of captured persons or an assignment of captured vehicles or objects to such identified persons is therefore neither necessary nor provided for in the course of the carried out processing and in most cases also not possible. However, since the required raw data consists of video, image and audio material, identification and identification of persons cannot be excluded.

The primary legal basis for processing is the "protection of legitimate interests" in accordance with Article 6(1) p.1 lit. f GDPR. EvoBus GmbH has a legitimate interest to carry out research, development and testing on driving assistance systems, automated driving, driving functions and other services.

The conflicting interests, fundamental rights and freedoms of the persons concerned do not predominate, since a name or other personal identification of individual data subjects is neither necessary nor provided for and in most cases not possible. In addition, technical and organisational measures are taken to ensure data protection-compliant processing of the collected data.

5. Will the data be shared?

EvoBus GmbH only passes on this data to cooperation partners, processors or third parties exclusively within the scope of the purpose limitation under data protection law. A transfer shall only take place if it is permitted by law and / or official or judicial order or if the legitimate interest includes the third party.

Categories of recipients to whom data may be disclosed in the context of this processing are in particular:

  • Intragroup and external cooperation partners of EvoBus GmbH in the context of the research and development processes
  • Suppliers in the context of research and development processes
  • Other processors (in particular IT service providers and service providers for data preparation / data analysis) 

If, in the context of the research, development and testing processes or downstream processing, a transfer is made to recipients in third countries, this shall only take place in the presence of an adequacy decision in accordance with Article 45 GDPR, on the basis of appropriate guarantees within the meaning of Article 46 GDPR or if permitted by other law.

6. Is automated decision-making taking place?

An automated decision in individual cases or profiling within the meaning of Article 22 GDPR do not take place.

7. How long will the data be stored?

The video, image and audio data will be processed and stored as long as is necessary for the research, development and testing processes mentioned above. If case-by-case, there is a further legal basis or a further legitimate interest for further storage and processing (for example for the proper documentation of the mentioned processes, due to legal retention obligations or other legal requirements) the data will be stored accordingly longer.

8. What rights do data subjects have vis-á-vis EvoBus GmbH?

In the context of the processing of personal data, data subjects are entitled to the following rights. Please also note the relevant special instructions regarding the exercise and limitations of these rights within the scope of the processing described here.

Special information on the exercise of the rights of the data subjects:
In the present case, this is a 'processing which does not require the identification of the data subject' under Article 11 GDPR. Beyond the recorded video, image and audio data, generally no additional identification characteristics of data subjects are processed.

The exercise and fulfilment of the rights of the data subjects will therefore - depending on the individual case - often require further information from the data subject, in particular information on LOCATION and TIME for which the person may have been affected by the processing (i.e. Information on when and where you were specifically in the vicinity of one of the test vehicles). This additional information may be necessary to determine whether a specific person is affected by the processing at all and to be able to actually fulfil the following rights such as information, deletion, etc.

  • Right of access: Data subjects have the right to request information as to whether personal data concerning them is processed by us. Insofar as data is processed, data subjects have the right to information about these data as well as to information on the modalities of processing in accordance with Article 15 GDPR.
  • Right to rectification of inaccurate data: Data subjects have the right to request from us the correction of personal data concerning them. For video, image and audio data this right can usually only be implemented by deletion.
  • Right to erasure: Data subjects have the right to request from us the deletion of personal data concerning them.
  • Right to restriction of processing: Data subjects have the right to request a restriction of the processing of their data.
  • Right to complain to a supervisory authority: Data subjects have the right to complain to a supervisory authority, for example to the data protection authority responsible for their place of residence, workplace or location of the possible data breach.
  • Right to object: Affected parties have the right to object to the processing of their personal data.

Special notes on the restriction of the rights of the data subjects:
We would like to point out that, in the context of the present processing, the rights of the data subjects under Article 15 GDPR (right to access), Article 16 GDPR (right to rectification), Article 17 GDPR (right to deletion), Article 18 GDPR (right to restriction of processing) and Article 21 GDPR (right to object) may be subject to special additional restrictions. Those specific restrictions apply where, in the specific case, the exercise and performance of those rights are likely to render the realisation of research purposes impossible or seriously impeding and the restriction is therefore necessary for the performance of those research purposes. This special limitation and its conditions arise in particular from Article 89 GDPR DSGVO in conjunction with § 27 German Federal Data Protection Act (BDSG) and Article 17 GDPR.

If you are a data subject of the above mentioned data processing and would like to exercise any of your rights or receive more information about it, please contact:

EvoBus GmbH
HPC R512
Mercedesstraße 127/6
70327 Stuttgart
Germany
E-Mail: mbox-datenschutz-evobus@daimler.com

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