OnStar Services – User Terms
Last Updated: December 7, 2015
These User Terms are between you and General Motors of Canada Company (formerly known as General Motors of Canada Limited) and its affiliates ("OnStar" or "we"). They apply to your use of OnStar Services. THESE USER TERMS ARE LEGALLY BINDING. Refer to Section 3 below for definitions of the capitalized terms.
Summary of User Terms
When you accept the User Terms during our sign-up process or when you access or use the Services, you agree to the following:
· You will only use the Services when it is safe to do so, and you will only use them in compliance with the law and these User Terms;
· If others use the Services through your user account or vehicle, you will ensure that they only use the Services when it is safe to do so, and in compliance with the law and these User Terms;
· We may suspend or discontinue your access to some or all of the Services;
· We may access, modify, update, or upgrade the software used to deliver the Services or used by your vehicle operating system, or used in any pre-installed mobile app without additional notice or consent;
· You will notify us by pressing the blue OnStar button in your vehicle or by calling us at 1-888-4-OnStar when
· We have certain rights to use and share the information or materials you provide us, as defined in these User Terms;
· If you access or use any third party products or services, the terms associated with those third party products or services will also apply, and you will not hold OnStar responsible for your access or use;
· The Services are provided "as is" and are limited by matters outside our control. Unless expressly provided in these User Terms, we make no representations, conditions or warranties for the Services or for their availability, and we are not liable for the use or any lack of availability of the Services;
· If a dispute arises, you will resolve it through individual arbitration (if applicable);
· We may modify these User Terms at any time and the modifications will become effective upon posting on our Website or when we notify you, whichever occurs first; and
· You are bound by the complete set of User Terms found below, including the OnStar Privacy Statement, the Software Update Terms and, for any AT&T Services that you use, the AT&T Terms.
User Terms – OnStar Services
· 1. Agreement to Terms. When You accept the User Terms during our sign-up process or when you access or use the Services, you are indicating that you have read, understand, and agree to be bound by these User Terms and the other terms, policies, guidelines, and processes they refer to (collectively, the "Agreement") which include:
If you do not agree with any of these terms, then you should decline these User Terms during our sign-up process or other methods we make available to you. You are not permitted to access or use any of the Services if you do not accept the Agreement.
· 2. Safety. You must obey all laws, traffic rules, and traffic regulations governing the operation of your vehicle and use of your Connected Device(s), and you will not access and/or use any Service or Connected Device in a manner that violates any law, rule, or regulation. Without limiting the foregoing, it is your sole responsibility to exercise discretion and observe all safety measures required by law, traffic rules, and traffic regulations while accessing and/or using the Services and Connected Devices. Access to and/or use of the Services and Connected Devices are at your sole risk and your sole responsibility and the Services and Connected Devices should be accessed and/or used only when you can safely operate them.
· 3. Some Definitions.
· 4. Service Details. Our Website describes the available Services, including instructions for Service setup and operation, and any further terms, privacy statements, pricing, conditions, and limitations of the Services. You may cancel these Services at any time, as described in Section 6 below. Here are some highlights of Services that may be available to You:
5. Payment. If You have a credit
or debit card account or similar payment account on file with us, we'll
automatically charge it monthly if You have not otherwise pre-paid for Services
You have requested. Once You place your payment
account on file with us, we may receive automatic updates of that account
information from the financial institution for that account in order to keep
that payment information current. Applicable fees for the Services, if any,
must be paid in advance. If You do not have such an
account on file with us You must provide us with payment monthly (or other
payment period offered by us and chosen by You) in advance. We'll continue to
charge the payment account You provided monthly (or
You must continue to make payments monthly) until You or we cancel or terminate
your service as allowed in this Agreement, or You choose another payment period
or payment method offered by us. The price of your Services may change over
time, and we'll use the rates then in effect for the applicable payment period
for those charges.
The purchase or lease price of your vehicle may have included a trial period for some of the Services, or we may otherwise offer you a trial period for some of the Services. The provision of the Services during the trial period are subject to this Agreement, even if provided at no additional charge. At the end of the trial period, those Services will stop automatically without further notice, unless You have agreed to continue the Services and have arranged for payment as set out above, and such payments will begin immediately upon expiry of the trial period.
· 6. Your Right to Cancel the Services at any Time. This Agreement applies from the date of your acceptance until the Services are cancelled or terminated by You or us as permitted in this Agreement. You may cancel the Services at any time. To cancel the Services, you may call us at 1-888-4-OnStar or you may press the blue OnStar button in your vehicle and inform the advisor that You want to cancel the Service. You must also contact us in this manner if you wish to sell, dispose of or otherwise transfer possession of your vehicle. We will refund any unused whole months and remaining days of Services that You have paid in advance unless (a) the payment was included in the purchase or lease price of your vehicle or (b) the terms of the applicable Services (or the applicable Third Party Services) dictate otherwise. You won't be entitled to any other refunds for the Services. If You cancel the Services and later wish to reactivate the Services, You may be required to pay reactivation fees. You can also call us or press the blue OnStar button in your vehicle at any time to get instructions on how to disable the OnStar systems in your vehicle.
· 7. Our Right to Terminate the Services. The following does not limit Sections 11 and 11.3 of the Quebec Consumer Protection Act, if such sections are otherwise applicable. To the extent permitted by law and unless prohibited by law, we reserve the right to terminate your participation in or access to the Services and this Agreement if, in our sole judgment, You have violated this Agreement. For example, we may terminate this Agreement immediately if: (i) You breach any obligation of this Agreement; (ii) any person or party acting by, through, for, or in concert with You takes any action inconsistent with this Agreement; (iii) You engage in, encourage, or participate in any unlawful, deceitful or fraudulent conduct in any way relating to this Agreement or any of the Services; or (iv) You do not agree with modifications to this Agreement as we may make available to You.
· 8. Additional Termination Rights; Effect of Termination. In addition to other termination rights provided in this Agreement, we may terminate this Agreement at any time upon thirty (30) days prior written notice to you. We are not liable to You for termination or expiration of this Agreement or the discontinuance of any or all of the Services, unless otherwise expressly provided in this Agreement. Upon termination or expiration of this Agreement, You must stop using the Services and your license to the Software is automatically and immediately terminated. All provisions of this Agreement which by their nature survive termination or expiration, shall survive termination or expiration of this Agreement.
· 9. Duty to Notify OnStar Upon Sale or Transfer of Vehicle. You must notify us if you plan to sell, dispose of or otherwise transfer possession of your vehicle. This is important to help protect your account and your information, and to avoid being charged for Services after your sale or transfer. To notify us, you may call us at 1-888-4-OnStar or press the blue OnStar button in your vehicle and inform the advisor of your plans.
10. Fleet Vehicles.
This Agreement also applies to You if You are the
owner, manager, or user of a Fleet that uses any of the Services. When You use the Services or drive a Fleet vehicle with active
Services, You agree to be bound by this Agreement even if You did not buy or
lease the vehicle or order the Services. If You own a
Fleet vehicle, then additional terms and conditions may apply to the Services
provided to your Fleet. If those additional terms and conditions conflict with
these User Terms, then the additional terms and conditions for fleet services
If You drive a Fleet vehicle, the Fleet Company may permit You to order additional Services that are not part of the Services provided to the Fleet Company, and You may also have the opportunity to purchase Services for your own personal use. Those Services are also subject to this Agreement. Your Fleet Company may also limit the types of Services that are available to You. The Services provided to a Fleet may be governed by additional terms and conditions and different privacy statements than those applicable to non-Fleet vehicles. Specifically, the Fleet Company may have requested additional data collection or handling practices that differ from those associated with certain Services. You should consult with the Fleet Company if You have questions about any requirements, limitations, or data practices that may apply to your use of the Fleet vehicle or Services associated with a Fleet vehicle.
· 11. Modification to Agreement. OnStar may modify this Agreement, by adding, deleting or changing any term, by providing notice to you at least 30 days in advance of the change, or by asking you to read and expressly click to accept a new version of this Agreement. Your continued access to and/or use of any of the Services after expiry of the notice period, or your acceptance click, will be deemed your acceptance of such modifications to the Agreement. If you do not agree with any modification, then you may terminate the Services as set out in Section 6 above. If someone other than you is using your vehicle or the OnStar system that time, you agree that such person is authorized to agree on your behalf.
· 12. Eligibility. You represent and warrant that You (a) have reached the age of majority in your jurisdiction of residence and have full legal capacity to enter into binding contracts. If You do not satisfy these eligibility requirements, then You should decline this Agreement using the mechanism we make available to You. You are not permitted to use any of the Services until such time as You satisfy these eligibility requirements and agree to all of the terms of the Agreement.
· 13. Children. The Services do not target, through advertising, appearance, links to other sites or otherwise, children under the age of 13. If You are under the age of 13 or are a parent or guardian of a child under the age of 13, please be aware that we do not knowingly collect any information from, children under the age of 13. If you are the parent or legal guardian of a minor who is using any Services, you are responsible for their use and ensuring their compliance with the terms of this Agreement.
· 14. Registration and Account. You may be required to create an account to use some of the Services. If You create an account, You must:
Use of the Services is solely for your personal use, unless expressly authorized by us. OnStar will not be liable for any losses resulting from unauthorized access to or use of the Services or your account. However, You may be liable to OnStar or other parties due to such unauthorized access and/or use.
· 15. Service Limitations.
· 16. Other Users. This Agreement applies to all users of your Connected Device. You are responsible and liable for all activities of users of your Connected Device, including, all access to or use of the Services. Without limiting the foregoing, it is your responsibility to:
· 17. Software Updates; Suspension or Removal of the Services. You consent to OnStar and your vehicle manufacturer accessing the systems associated with your Connected Device and your vehicle (the "Systems") for the following purposes:
· 18. Your Additional Representations and Obligations. You agree that:
· 19. Indemnity. In consideration of OnStar's provision of the Services to You and the rights granted to You, to the maximum extent allowable by law and unless prohibited by law, You agree to indemnify OnStar, its parent, subsidiaries, affiliates, licensors, Wireless Service Providers, and contractors as well as their respective employees, officers, directors, and agents (collectively "OnStar Persons") from and against any and all losses, damages, injuries (including death), causes of action, claims, penalties, interest, additional taxes, demands, and expenses, including reasonable legal fees and expenses, of any kind or nature arising out of or on account of, or resulting from, any third party claim or demand made to or against any OnStar Person(s): (i) arising out of your access to and/or use of the Services; (ii) arising out of your failure to comply with this Agreement; (iii) relating to the inaccuracy or untruthfulness of any representation or warranty that You made under this Agreement; (v) arising out of any activities of anyone other than You in connection with the Services conducted through your account; (vi) arising out of access to and/or use of, or inability to access or use, any of the Services through your Connected Device; or (vi) arising out of any of your other activities under or in connection with this Agreement or the Services.
· 20. Unauthorized Use or Modification of the Services. You are not granted the right to and You shall not engage in any of the following activities:
ANY ATTEMPT BY ANY USER OR ANY OTHER INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE THE SERVICES OR SOFTWARE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICES OR SOFTWARE IS A VIOLATION OF THIS AGREEMENT. ONSTAR RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO TAKE ALL SUCH ACTIONS AGAINST AND OBTAIN SUCH REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. ONSTAR RESERVES THE RIGHT TO DISCLOSE ANY INFORMATION ABOUT YOU, INCLUDING YOUR ACCOUNT AND ACCESS TO AND USE OF YOUR ACCOUNT, TO LAW ENFORCEMENT AS NECESSARY TO ENFORCE THIS AGREEMENT.
· 21. Intellectual Property. The Services and Software are protected by United States and international copyright laws and may be subject to other intellectual property protections, including patent and trademark rights. You may not copy, distribute, modify, perform, broadcast, display, transmit, reuse, re-post, use (except as expressly set out herein) or claim any right in any aspect of the Services or Software, including the content, text, images, audio, and video without OnStar's express, prior written permission.
· 22. Copyright Infringement Notification. If You believe any content or any other aspect of the Services or Software infringe your copyright, You should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
written notification should be sent to:
General Motors Holdings LLC
400 Renaissance Center
Detroit, MI 48265
MC : 482-D24-B48
· 23. Trademarks. Any trademarks, logos, and service marks (collectively "Trademarks") displayed in connection with the Services are the registered and/or unregistered trademarks of OnStar or other third parties. Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any Trademark or any variation thereof without the written permission of OnStar or the other owner thereof. Your use of OnStar's Trademarks is strictly prohibited.
· 24. Export Compliance. You will comply worldwide with all laws and regulations applicable to the Services. You may not use, export, re-export, import, sell or transfer any aspect of the Services except as authorized by applicable law and regulations. You also agree that You will not use the Services for any purposes prohibited by applicable law, including without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
· 25. Information and Feedback. Consistent with these User Terms, You may need to provide us information to deliver the Services. We also want your feedback regarding the Services. Any information and materials that You submit in connection with this Agreement ("Feedback") is, other than personally identifiable information subject to the OnStar Privacy Statement, not considered confidential by OnStar and OnStar has no obligation to keep the information or materials confidential or to return or destroy any Feedback. Your Feedback is submitted voluntarily and without restriction, and OnStar is free to use, reproduce, modify, distribute, display, perform, broadcast, sublicense and disclose any Feedback in any manner, in any form or medium, whether now known or hereafter developed, without any obligation, express or implied, to You, without any notification, payment or attribution to You. You waive any author's or moral rights you have in and to the Feedback. OnStar has the right but not the obligation to monitor any Feedback that You submit.
· 26. Data Collection / Privacy. OnStar collects, uses, and shares information from and about You and your vehicle. The OnStar Privacy Statement describes what OnStar does with that information. You consent to the collection, use, and sharing of information described in the Privacy Statement and in any revisions to the Privacy Statement. If You sell, dispose of or otherwise transfer possession of your vehicle or your Connected Device You are solely responsible for deleting information about You contained in the vehicle or Connected Device, or in your related account.
· 27. NO WARRANTY BY ONSTAR OR WIRELESS SERVICE PROVIDERS. The following paragraphs 27.1 – 27.7 do not limit Section 10 of the Québec Consumer Protection Act, if such section is otherwise applicable.
· 28. General.
1.888.4.ONSTAR (1.888.466.7827) Mail:
OnStar Subscriber Services
TTY users only: 1.877.248.2080 PO Box 1027
(Hearing/Speech Impaired) Warren, MI 48090-1027
ONSTAR PRIVACY STATEMENT- HIGHLIGHTS
Effective December 7, 2015
General Motors of Canada Company, ("OnStar" or "we") wants you to know how it collects, uses, and shares Account Information, Vehicle-Related Information, and Driving Information (as described below and defined in the full Privacy Statement). Below is a short description of our practices relating to the collection, use and sharing of this information. You can read the full Privacy Statement below for more detailed information.
· People Covered by This Privacy Statement; Related and Other Privacy Statements
This Privacy Statement applies to you, vehicle occupants, and others who use your vehicle, the OnStar services (described in the OnStar User Terms and at www.onstar.ca)or our website(s). Other privacy statements may also apply to additional services that you request or sign up for, or when you use or download OnStar Apps, such as our RemoteLink App. Those privacy statements should be read together with this one. Other third party services or applications, like your wireless data plan, may also have their own privacy statements. Those statements have separate terms and should be read independently of this Privacy Statement.
· Information Collected by OnStar
OnStar collects the following types of information about you and your vehicle:
· Account Information, like your contact and billing information and information about how you use certain OnStar services and our website(s);
· Vehicle-Related Information, like diagnostic information, odometer, oil life remaining, tire pressure, and information about collisions involving your vehicle; and
· Driving Information, like location, GPS speed, safety belt usage, and other similar information about how the vehicle is used.
We collect this information from a variety of sources, like you, your vehicle (when the OnStar system is active), our website(s), and third parties.
· OnStar's Use of the Information
OnStar uses this information to, for example:
· provide certain services to you;
· fix, maintain, enhance and/or modify the OnStar system or services;
· to analyze the software on your vehicle and to remotely update the software;
· to communicate with you; and
· to provide you with offers that might interest you.
We may use information for any purpose or share it with any third party if we anonymize it so that it no longer reasonably identifies you or your vehicle.
· Sharing of Information – Driving Information (location, GPS speed, safety belt usage and other similar information about how the vehicle is used)
We limit who we share your Driving Information with and the purposes for which it can be used. For example, Driving Information may be shared with:
· emergency service providers and law enforcement when you need emergency services or if your vehicle is stolen;
· GM for product safety or security purposes or to help maintain the proper operation of your vehicle;
· our service providers to help us provide or evaluate certain services; and
· any third party to comply with legal requests or to protect the rights and safety of you or others.
· Sharing of Information – Account Information and Vehicle-Related Information
We may share your Account Information and Vehicle-Related Information with
· third parties as part of our delivery of the Services; for joint marketing initiatives; and in order to comply with legal requests or to protect the rights and safety of you or others:
· GM to enable it to evaluate or research the safety, quality, usage, and functionality of its vehicles, to contact you, or for marketing purposes;
· your dealer for service, maintenance, or marketing purposes; and
· your fleet or rental company, if the vehicle you drive is part of a fleet or is a rental car.
· Security; Retention of Information
Because the security of your information is important to OnStar, we use technical, administrative, and physical safeguards designed to protect your information. We may keep information for as long as we need it for purposes like:
· providing Services to you;
· enabling us or GM to contact you; and
· allowing us or GM to engage in research, evaluation of use, and troubleshooting.
We will anonymize or dispose of the information we collect when we no longer need it.
THE ONSTAR PRIVACY STATEMENT
Effective December 7, 2015
This Privacy Statement applies to Account Information, Vehicle-Related Information and Driving Information (defined below) that we obtain about you, your vehicle, or your use of the vehicle. We collect this information when the OnStar system in your vehicle is active, when you use the OnStar services described in the OnStar User Terms and at www.onstar.ca (the "Services"), when you use our website(s), when we obtain the information from other companies, or when we obtain the information from any other source that links to, presents, or refers to this Privacy Statement.
We may anonymize the information we collect. That means that we alter the information so that it can't reasonably be identified with you or your vehicle. We may use anonymized information for any purpose or share it with any third party for any purpose.
People Covered by This Privacy Statement; Related and Other Privacy Statements
This Privacy Statement applies to you and to others who use your vehicle, the Services, or our website(s). Other privacy statements may also apply to additional Services that you request or sign up for, or when you use or download OnStar Apps, such as our RemoteLink App. Those privacy statements should be read together with this one. Other third party services or applications, like your wireless data plan, may also have their own privacy statements. Those statements have separate terms and should be read independently of this Privacy Statement.
When we use words like "you," your," and "yours," we mean the owner, lessee, or user of an OnStar-equipped vehicle operating and designed for use in Canada. Please note that this Privacy Statement applies any person who uses an OnStar-equipped vehicle, our website(s) or the Services, regardless of whether the person owns, rents, leases, or borrows the vehicle. If you own or lease your vehicle and anyone else uses your vehicle or the Services, or if you sell or otherwise transfer possession of your vehicle to another person, please tell that person that there are OnStar Services active on your vehicle, and that they should read this Privacy Statement.
When we say "OnStar" or "we" or "us" or similar words, we mean General Motors of Canada Company. We may share or disclose some information with General Motors Company ("GM"), the company that owns us, and its affiliates, including OnStar, LLC.
Related Privacy Statements
Some Services, and OnStar applications and software ("OnStar Apps"), such as the OnStar RemoteLink App, that we may offer now or in the future are governed by separate privacy statements that should be read together with this Privacy Statement. These privacy statements are available at www.onstar.ca.
Other Privacy Statements
Third parties, such as those companies that provide wireless voice, wireless data, and satellite radio services also have their own privacy statements. Those privacy statements are separate from this Privacy Statement and their terms are different. Please also refer to those privacy statements for information about how your information is collected, used, and shared. The AT&T privacy statement, which governs how AT&T treats information collected when providing wireless data services to you, is available at www.att.com/CANTermsandconditions.
Information Collected by OnStar
We collect information from you, from your vehicle (when the OnStar system is active), from our website(s), and from other third parties. We collect the following types of information about or relating to you or your vehicle: Account Information, like your contact and billing information as well as certain website usage information; Vehicle-Related Information, like diagnostic information, odometer, oil life remaining and, tire pressure and, Driving Information, like location, GPS speed, safety belt usage and other similar information about how the vehicle is used.
Information Collected by OnStar
We collect the following kinds of information from you, from GM or its affiliates, from your dealer, through our website(s), from the active OnStar system in your vehicle, and from other companies as described further below.
· "Account Information" includes:
o Information about you, like your name, address, telephone number, e-mail address, log-in information and PIN, license plate number, and emergency contact information;
o Your billing information, like your credit card number;
o Information about the acquisition of your vehicle, like the date of purchase or lease of your vehicle and your selling and preferred dealer;
o Information about how you use your vehicle's features and systems (including the OnStar system), like whether you have paired a mobile device with your vehicle and your use of the Services, (but does not include Driving Information as described below);
o Information about the device(s) you use to access our website(s), how you use our website(s), and your online activities over time and across different websites(s) including your IP address, device type, browser version, the pages you view, the searches you make, and your operating system (this information typically does not identify you); and
· "Vehicle-Related Information" includes:
o Information about your vehicle, like the vehicle's identification number ("VIN"), its make, model and year;
o Information about your vehicle's condition, like diagnostic data, odometer readings, oil life remaining, tire pressure, fuel economy;
o Information about when your vehicle is refueled or recharged;
o Information that might indicate that your vehicle has been broken into or stolen, like glass breakage or ignition switch activity, if your vehicle is equipped to detect those things:
o Information about apps that are pre-installed on the OnStar equipment, including the version of those apps;
o Information about the OnStar equipment, including the version of the OnStar software installed on that equipment;
o Information about when your vehicle's ignition is on or off; and
o Information about collisions involving your vehicle, like the direction from which impact happened and which air bags deployed.
· "Driving Information" includes:
o Information like the location of your vehicle, the GPS speed of your vehicle, your safety belt usage, and other similar information about how the vehicle is used.
How OnStar Collects the Information
We collect the information described above from you (such as when you use a website, or talk to an OnStar advisor), from your vehicle (usually by remote communication using the OnStar equipment in your vehicle), and from other sources, such as the manufacturer, your dealer and others.
OnStar's Use of the Information
OnStar uses the Account Information, Vehicle-Related Information, and Driving Information to provide Services to you, to remotely deliver and install updates to the software on your vehicle, to fix, maintain, or improve the OnStar system or Services, to communicate with you, and to provide you with offers that may interest you.
· OnStar's Use of the Information
OnStar may use your Account Information, Vehicle-Related Information, and Driving Information for the following purposes.
o To provide Services to you, including checking, maintaining, and updating the OnStar system;
o To collect information about vehicle system status, identify if system or software updates are available and to remotely deliver and install the updates;
o To communicate with you about your account or the Services;
o To provide you with offers for products or services that may interest you, including online offers based on your previous online activities and, with your prior additional consent, offers based on the location of your vehicle;
o For troubleshooting, evaluation of use, and research;
o To improve our products and Services;
o To protect the safety of you or others;
o To prevent and detect fraud or misuse of the OnStar service; and
o As required by law.
Sharing of Information – Driving Information (location, GPS speed, safety belt usage and other similar information about how the vehicle is used)
We limit who we share your Driving Information with and the purposes for which it can be used. For example, Driving Information may be shared with: emergency service providers and law enforcement when you need emergency services or if your vehicle is stolen; with GM for product safety or security purposes, to protect the safety of you or others, or to help maintain the proper operation of your vehicle; with appropriate third parties to comply with legal requests or to protect the rights and safety of you and others; and with our service providers to help us provide or evaluate the Services.
Sharing of Information – Driving Information (location, GPS speed, safety belt usage and other similar information about how the vehicle is used)
We may share your Driving Information with the third parties listed below, for the following purposes:
· Emergency Service Providers, like the police, roadside assistance providers, ambulance providers, or other similar emergency service providers, to give you the emergency services you need;
· Law Enforcement, to provide the OnStar Stolen Vehicle Assistance Services that have been requested by you, like Remote Ignition Block and Stolen Vehicle Slowdown, if your vehicle is equipped with these features;
· GM or its affiliates, for product safety or security purposes, to protect the safety of you or others, or to help maintain the proper operation of your vehicle. For example, we may share this information with GM or its affiliates in determining whether to perform a remote software update or change to the software in your vehicle and to deliver and install the update;
· Other parties with your prior permission, to provide you with the services you have specifically requested or subscribed to, like your insurance provider if you choose to participate in a discount based program based on your Driving Information (e.g., a safe driver program);
· Our service providers, like companies that store or process information on our behalf, that help us provide the Services or operate our business;
· A company that buys or takes over our business, to enable it to provide the Services, or to operate the business; and
· Appropriate third parties, in order to comply with legal obligations, to protect the safety or rights of you or others, or in response to a subpoena, warrant, court order, or other legal request.
We will not otherwise share your Driving Information with unaffiliated third parties unless you provide your prior additional consent.
Sharing of Information – Account Information and Vehicle-Related Information
We may share your Account Information and Vehicle-Related Information with third parties as part of our delivery of the Services; for joint marketing initiatives; and in order to comply with legal requests or to protect the rights and safety of you and others. We may also share this information with GM or its affiliates to enable it or them to evaluate or research the safety, quality, usage, and functionality of its vehicles, to contact you, or for marketing purposes. We may share information about how you use our website(s) with third parties. We may share information with your dealer for service, maintenance, or marketing purposes. We may also share information with your fleet or rental company.
Sharing of Information – Account Information and Vehicle-Related Information
We may share your Account Information and Vehicle-Related Information with third parties for the purposes outlined below. Your Driving Information is not shared with these third parties unless otherwise stated above.
· Emergency service providers, law enforcement, roadside assistance providers, and other similar third parties, that help us deliver the Services;
· Our service providers, like companies that store or process information on our behalf, that help us deliver advertising to you, that help us provide or evaluate the Services, or that help us operate our business;
· Your dealer, to assist it in servicing your vehicle, for marketing purposes or to provide Dealer Maintenance notifications;
· Satellite radio providers and wireless telecommunications and data service providers, to contact you with information about your satellite, wireless telecommunications or data services, or for marketing purposes;
· Third parties with whom we contract to provide you with joint marketing offers. We will not share your Driving Information or your credit card information with unaffiliated third parties without your prior additional consent;
· Third party advertising companies that may automatically collect or receive information about your online activities over time and across different websites (see the Cookies and Other Tracking Technologies section for more information);
· Your fleet company if the vehicle is a part of a fleet;
· Your rental company if the vehicle is a rental car;
· GM or its affiliates to enable it to evaluate or research the safety, quality, usage and functionality of its vehicles, to contact you, or for its marketing purposes;
· A company that buys or takes over our business, to provide the Services, any other services you have requested, or to operate the business;
· Other parties you ask us to share the information with, like third parties who need the information to provide you with a program or service that you have requested; and
· Appropriate third parties, in order to comply with legal obligations, protect the safety or rights of you or others, or when we receive a subpoena, warrant, court order, or other legal request.
We will only share your credit card information with wireless service providers (e.g. AT&T), credit card processors, or systems providers necessary to process, store or manage credit card information, with a company that buys or takes over our business or with appropriate third parties to comply with legal obligations.
Your Choices; How OnStar Communicates with You; Access to Your Information
We may offer you certain choices about the information we collect and how we use or share the information. You can access and correct your contact and account information.
· Your Choices About the Collection, Use and Sharing of Information
You have certain choices about the information we collect and how we use or share that information. For example, you may choose not to receive marketing information from us.
Some collection and sharing practices are tied to the Services we offer. To stop the collection or sharing of some information, you may have to decline those Services or be willing to accept limited functionality.
To learn about the choices available to you, please contact us at email@example.com. See the Cookies and Other Tracking Technologies for your choices regarding the collection of information via cookies.
· How OnStar Communicates with You
We may contact you about products or services that may be of interest to you, about your account, your vehicle or the Services (including cancellation of the Services) using postal mail, telephone calls, e-mail, text messages (sometimes called SMS messages), or other electronic messages using any electronic address you have provided to us.
We may communicate using pre-recorded spoken messages through the OnStar system to give you information about the Services, your vehicle, your account, or cancellation of the Services.
You can manage your communication preferences by following the instructions that may be provided in the communication, or by contacting us. See "How to Contact OnStar."
Please Note: We offer you the ability to opt out of receiving certain kinds of communications from us, such as marketing-related messages. Please be aware that opting out of one kind of communication does not affect communications that you have not opted out of receiving, or that we are required or permitted by law to send to you.
· Access to Your Information
If you'd like to access or ensure the accuracy of the contact or Account Information that you have provided, please contact us. See "How to Contact OnStar."
To the extent required by applicable law, we provide access to records of service events, like when you request service, when an OnStar advisor calls in to your vehicle, or when we provide crash-related, theft- related, or emergency services.
Security; Retention of Information
We use technical, administrative, and physical safeguards designed to help protect your information. We and our service providers may process and store information about you or your vehicle in Canada, the United States, or other jurisdictions from which the Services will be provided and where the privacy laws may be different from those in Canada. We may keep information for as long as we need it for purposes like: providing Services to you; to enable us or GM or its affiliates to contact you; for our or GM's, or its affiliates' research, evaluation of use, and troubleshooting purposes.
· How OnStar Safeguards Your Information
We use technical, administrative, and physical safeguards designed to help protect your information from loss, misuse and unauthorized access, disclosure, alteration, destruction or theft.
If we transfer, or otherwise make information that identifies you or your vehicle available to a third-party service provider (other than in an emergency situation), we will contractually require any such service providers maintain similar technical, physical and administrative safeguards designed to protect your information from loss, misuse and unauthorized access, disclosure, alteration, destruction or theft.
· Where Information is Processed or Stored
We and our service providers may process and store the information described in this Privacy Statement in Canada, the United States, or other jurisdictions from which the Services will be provided and where the privacy laws may be different from those in Canada. Information may be available to the government or its agencies in the country where the data is processed or stored under a lawful order in that country. You may contact us, as set out below, in order to find out about our practices in this regard.
· How Long OnStar Keeps Your Information
We may keep the information we collect until we no longer need the information to provide Services to you, to operate our business, to enable us or GM or its affiliates to communicate with you, for our or GM's or its affiliates' safety, research, evaluation of use, or troubleshooting purposes, or to satisfy our or GM's or its affiliates' legal or contractual obligations.
We will anonymize or dispose of the information we collect when we no longer need it.
Cookies and Other Tracking Technologies
· Cookies and Other Tracking Technologies
These methods can allow you to maintain your account log-in information and other information between visits and they allow us to measure site activity to provide a better user experience. For example, cookies and other tracking devices may be used to tell us the time and length of your visit, the pages you look at on our site, the site you visited just before coming to ours, the name of your Internet service provider, and similar information.
Most web browsers include a "do not track" setting. However, there is a lack of certainty or consistency with respect to what impact that setting should have on the information collected or on a user's browsing experience. Accordingly, and consistently with respect to the operation of many websites, if you enable that setting, it will not change what information is exchanged with your computer, or how that information is used, when you visit our website(s).
Changes to This Privacy Statement
We'll post any revised Privacy Statement to the OnStar website (www.onstar.com). If we make a material change, we'll notify you, otherwise bring the change to your attention, or where required by law, get your consent.
· Changes to This Privacy Statement
We may need to update this Privacy Statement from time to time as our business and Services expand or change, or if we are required to by law. If we do, we will post the most up-to-date version on the OnStar website (www.onstar.ca) so you should periodically check for any updates.
If we materially change the practices stated in this Privacy Statement and you're an OnStar customer, we will notify you by sending an e-mail to the email address that you have provided or, if you do not have an e-mail address on file with us, we will send the notice by postal mail or otherwise take reasonable steps to bring the change to your attention.
We'll get your consent to the changes if legally required.
How to Contact OnStar
You can contact us by pressing the blue OnStar button in your vehicle, by calling us at 1 888-4ONSTAR, or by regular mail. For privacy related questions, email the OnStar Privacy Manager at firstname.lastname@example.org.
· How to Contact OnStar
If you have a general question, you can visit our website at www.onstar.ca, press the blue OnStar button in your vehicle, or call us at 1-888-4ONSTAR (1-888-466-7827). You may write to us at OnStar Subscriber Services, PO Box 1027, Warren, Michigan USA 48090-1027.
If you have a specific question about our privacy practices, contact the OnStar Privacy Manager by e-mail at email@example.com, or write to OnStar's Privacy Manager at OnStar Privacy Manager, P.O. Box 1027, Warren, Michigan, 48090-1027, or call us at 1-877-299-1372.
Frequently Asked Questions
· Will OnStar collect information from my vehicle if I cancel all OnStar Services?
No. Once the cancellation request has been processed, we'll no longer collect information from your vehicle using the OnStar equipment or services unless you press the blue OnStar button or ask us to collect information again, like by reactivating Services.
You must cancel all Onstar Services before you sell or transfer your vehicle. You can do this by contacting us at 1-888-4ONSTAR or by pressing the blue button in your vehicle.
· What information does OnStar share with GM?
When we talk about "GM," we mean General Motors Company and its affiliates, including General Motors of Canada Company.
We share your Account Information and Vehicle-Related Information with GM to enable GM to evaluate or research the safety, quality, usage, and functionality of its vehicles, to contact you with information about your vehicle, or for marketing purposes.
We may also share your Driving Information with GM for product safety and security purposes, to protect the safety of you or others, or to help maintain the proper operation your vehicle. For example, we may share this information when determining whether to perform a software or systems update or upgrade for your vehicle.
If a company buys or takes over the business of GM, we would share the same information with that company.
· What Information Does OnStar Share with AT&T?
We share your name, billing address, home address, phone number, e-mail address, and details about your acceptance of the terms and privacy statements that apply to your request for, or use of, data services. If we receive any updates for that information, we share those updates with AT&T.
If a credit card is stored on file with OnStar for purchase of a data plan with AT&T, or a one-time payment method is provided, we send the credit card number, expiration date, first and last name, and billing address, and details about the voice or data package that you purchased.
· What should I do to help safeguard my information?
Keep your username, service set ID (or "SSID," which is the unique number associated with the OnStar equipment in your vehicle) and password secret. Don't give your PIN to anyone you don't want to use the Services or incur charges that you must pay.
You are responsible for any use of the Services by persons who give us your PIN or password. We cannot be responsible for any unauthorized use of the Services by persons who give us your PIN or password. Contact us to change your PIN.
It's illegal for people to intercept wireless telephone calls, but some people do it. Be cautious of what information you disclose on any wireless telephone call.
· Can OnStar hear what's going on in my vehicle?
Our advisors cannot listen to anything going on in your vehicle without you knowing it. An advisor can only hear sounds from your vehicle if you call an OnStar advisor or an OnStar advisor calls in to your vehicle. If an OnStar advisor calls in to your vehicle, you'll know because:
o A light will flash;
o You'll hear a ring; and;
o The radio will mute.
In addition, calls through the OnStar system are normally audible through the stereo speakers and vehicles that have text display capabilities will indicate that a call is occurring. On top of that, OnStar requires its advisors to announce their presence immediately upon establishing a call into your vehicle.
We designed these measures so that our advisors cannot override them.
· Does OnStar keep recordings of my interactions with OnStar advisors?
We may record and monitor all interactions between us (including interactions when you are in your vehicle) in order to maintain or improve the quality of our Services or for training purposes.
OnStar advisors may also remain on the line if, during a request for services, we conference in a third party like an emergency service provider or the police. These parties may also separately record and/or monitor the interaction. We may also review your interactions with OnStar's automated Services for training and/or quality improvement purposes.