Data license

These are the terms on which we permit you to download and use our data set.

PLEASE READ THESE TERMS CAREFULLY

BY CLICKING THE "ACCEPT" BUTTON IN THE "DOWNLOAD OUR DATASET" FORM, YOU AGREE TO THE TERMS OF THIS LICENCE, WHICH WILL BIND YOU and the organisation you represent or on whose behalf you are acting (referred to as collectively as “you” or “your”). If you do NOT agree to these terms, do not click “Accept” or continue to attempt to download our data set.

Where you are based outside the EEA the additional terms in the Schedule to this Licence apply. By clicking “Accept” you also acknowledge your agreement to abide by those additional terms.

You must be 18 or over to accept these terms of this Licence and download the data set.

WHO WE ARE AND WHAT THIS LICENCE DOES

We are Five AI Limited, a company registered in England and Wales with company number 10423077, registered address Unit 2.1B, Temple Studios, Temple Meads, Bristol, England, BS1 6QA (referred to “we”, “us” or “our” in this Licence). We own all the rights in and to the data set you are requesting to download (the “Data Set”), including the intellectual property rights.

The Data Set has taken us considerable effort and expense to create and is confidential to us. To help advance research in the field of autonomous vehicle technology and/or computer vision algorithms, we are willing to licence the Data Set for non-commercial research purposes on the terms set out in this Licence. In return, we should appreciate it if you would share the published results of your research with us.

Should any other person require access to the Data Set, including to the copy you have downloaded or a modified version of this, please ensure they sign and return to us the acknowledgment of Licence terms in Schedule 1 to this Licence, so they can accept and benefit from the terms of this Licence.

YOUR PRIVACY

Under data protection legislation we are required to provide you with certain information about how we collect and process any personal data we obtain about you. This is set out in our ‘Download our dataset’ privacy notice at https://five.ai/privacy-download.

HOW TO CONTACT US

If you have any questions about the Data Set or would like to discuss the possibility of collaborating with us in this area, please contact the paper’s authors.

If you have a question about any legal matters, including this Licence, please contact our General Counsel by email at legal@five.ai or by post at Five AI Limited, Temple Studios, Temple Gate, Temple Meads, Bristol, England, BS1 6QA, marked for the General Counsel’s attention.

HOW WE WILL COMMUNICATE WITH YOU

If we have to contact you we will do so using the contact details you have provided to us in the form.

License for non-commercial use

1.
HOW YOU MAY USE THE DATA SET AND OUR RIGHTS IN IT

1.1
In return for and subject to you complying with this Licence, we grant you a non-exclusive, non-transferable, revocable, royalty free, worldwide licence to download and use the Data Set strictly for non-commercial research in the field of autonomous vehicle technology and/or computer vision. “Use” includes processing and manipulating the Data Set, creating modified versions of it, and storing all of these.

1.2
You are also permitted to publish the results of your research using the Data Set on the terms set out in clause 3.

1.3
In this Licence references to “Data Set” are deemed to include all manipulated and modified versions of the Data Set or any parts of any of these.

1.4
You acknowledge that all rights in and to the Data Set (including without limitation all intellectual property rights) belong to us and that you shall have no rights in or to the Data Set other than the right to use the Data Set in accordance with the express terms of this Licence.

1.5
You warrant that you have the authority to enter into and perform this Licence on behalf of the organisation you represent or on whose behalf you are acting, if any.

2.
RESTRICTIONS AND CONDITIONS OF USE

2.1
In return for access to the Data Set and this Licence to use it, you agree to the following:

(a)
To comply with the terms and conditions of this Licence at all times.

(b)
Not to directly or indirectly use the Data Set for commercial purposes. Commercial purposes includes, without limitation, using the results of your work with a purpose to procure a commercial gain. For example, it is not permitted to train a system intended for commercial use using the Data Set or use knowledge gained from your internal use of the Data Set in developing a system intended for commercial use.

(c)
To maintain the Data Set in strict confidence and not to disclose it to, allow access to or transfer it to anyone else except as expressly permitted by and subject to the terms of clause 3 of this Licence or with our prior written permission.

(d)
To take reasonable precautions to prevent unauthorised use or disclosure of the Data Set, including without limitation exercising no lesser security measures and degree of care in maintaining the confidentiality of the Data Set than those which you apply to your own confidential information, which you warrant as providing reasonable protection against unauthorised disclosure, copying or use.

(e)
Not to infringe our intellectual property rights in the Data Set and to notify us immediately if you become aware of any actual or threatened infringement of our intellectual property rights in the Data Set, or actual or threatened breach of this Licence.

(f)
Not to use the Data Set in any unlawful manner or for any unlawful purpose.

(g)
To promptly destroy or erase to the extent technically practicable all copies of the Data Set when no longer required by you.

3.
PUBLICATION OF RESEARCH AND DISCLOSURE TO OTHERS

3.1
You may provide access to or copies of the Data Set to individuals in your organisation with whom you are working who need such access or copies to assist you in your non-commercial research provided they sign and return to us the acknowledgment of Licence terms in Schedule 1 to this Licence. You shall be responsible for ensuring that any such individuals have accepted the terms and conditions of this Licence before you provide them with access to or copies of the Data Set.

3.2
You may publish any research arising out of, or connected directly or indirectly in any way with, the use of the Data Set provided that you acknowledge use of the Data Set in that publication in accordance with normal practice in the field of computer vision research. Subject to that, you may include an insubstantial amount of our Data Set (judged both qualitatively and quantitatively) in the publication without seeking our prior written permission. For example, up to 10 annotated or unannotated images or stills from the Data Set. Should you wish to include a more substantial amount of our Data Set within the publication you must get our written permission to do so in advance.

3.3
You may also disclose the Data Set to the extent you are legally obliged to do so by law or a court, regulatory body or other authority of competent jurisdiction provided that, to the extent you are legally permitted to do so, you give us as much notice of such disclosure as possible and comply with our requests in relation to the content and manner of such disclosure and/or any confidentiality measures to be put in place.

4.
DISCLAIMER AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW:

4.1
NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS OR WILL BE MADE, AND NO RESPONSIBILITY OR LIABILITY IS OR WILL BE ACCEPTED, BY US IN RELATION TO THE ACCURACY OR COMPLETENESS OF THE DATA SET AND YOU SHALL BE RESPONSIBLE FOR MAKING YOUR OWN EVALUATION OF IT.

4.2 You acknowledge that in entering into this Licence you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Licence.

4.3 We shall not otherwise be liable whether in contract, tort, restitution or otherwise, to you for any loss you may suffer in connection with your use of the Data Set. We do not exclude or limits liability to you for fraud or fraudulent misrepresentation or death or personal injury caused by negligence.

5.
YOUR COMPLIANCE WITH DATA PROTECTION AND PRIVACY LAWS

In this clause Standard Contractual Clauses means the standard contractual clauses for the transfer of personal data from the Community to third countries (controller-to-controller transfers) contained in the Annex to the Commission Decision of 27 December 2004 amending Decision 2001/497/EC as regards the introduction of an alternative set of standard contractual clauses for the transfer of personal data to third countries, as set out in the Schedule 2 to this Licence.

5.1
You agree to comply with all applicable data protection and privacy laws in force from time to time in connection with your use of the Data Set (“Data Laws”), including without limitation the General Data Protection Regulation ((EU) 2016/679) and the Data Protection Act 2018. This clause is in addition to, and does not relieve, remove or replace, your obligations and rights under such laws.

5.2
You acknowledge that, with effect from when you download the Data Set, you will be the sole data controller in relation to any personal data contained within the Data Set that you downloaded. You agree to be responsible for dealing in the first instance with all enquiries from data subjects and the Information Commissioner or other relevant supervisory authority concerning the processing of any personal data by you, including without limitation subject access requests and any claims made by data subjects; and requests for copies of the Standard Contractual Clauses. You will respond to these in accordance with requirements of the Data Laws. You further agree to co-operate with us in relation to any matter where we reasonably require your assistance in connection with complying with our data protection and privacy responsibilities or inquiries from data subjects and the Information Commissioner or other relevant supervisory authority.

5.3
Where you are based outside the EEA you agree to comply with the Standard Contractual Clauses. In the case of conflict or ambiguity between any of the provisions of this Licence and the Standard Contractual Clauses, the provisions of the Standard Contractual Clauses shall prevail. Where you are based inside the EEA and transfer any personal data outside the EEA, you are responsible for complying, and will comply, with all Data Laws.

5.4
YOU INDEMNIFY US AGAINST ALL CLAIMS, LIABILITIES, COSTS, EXPENSES, DAMAGES AND LOSSES (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES, LOSS OF PROFIT, LOSS OF REPUTATION AND ALL INTEREST, PENALTIES AND LEGAL AND OTHER PROFESSIONAL COSTS AND EXPENSES) SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR BREACH OF THIS CLAUSE.

6.
ENDING YOUR RIGHTS TO USE THE DATA SET

6.1
We may end your rights to use the data set at any time with immediate effect by contacting you. If we end your rights to use the Data Set or your rights to use the Data Set end for any other reason:

(a) You must immediately stop using the Data Set.

(b) Subject to clause 6.1(c) below, you must promptly destroy or erase all copies of the Data Set and any documents and materials containing, reflecting, incorporating it to the extent technically practicable and confirm to us in writing that you have done this.

(c) Where you are prevented by your national law or local regulator from destroying or erasing part of the Data Set or certain documents or materials containing, reflecting or incorporating it, you will promptly destroy or erase these to the extent you are legally permitted to do so and you will keep the remaining part confidential subject to the terms of this Licence and will not actively process them for any purpose. You agree that, if so requested by us, you will allow a third-party inspection agent selected by us and not reasonably objected to by you, access to your establishment to verify that this has been done on reasonable notice to you and during business hours.

6.2
Termination will not affect any of our accrued rights or liabilities under this Licence. The provisions of Clauses 2 and 6 and any other provision that by implication is to come into or continue in force on or after termination or expiry of this Licence shall remain in full force and effect after termination or expiry of this Licence.

7.
CHANGES TO THESE TERMS AND UPDATES TO THE DATA SET
We may need to change the terms of this Licence from time to time. For example, to reflect changes in law or best practice. We will try to notify you of any changes but are not obliged to do so. Where you receive notice of the chances you have 30 days to decide if you agree to them. If you do not agree to the changes your right to use the Data Set will automatically terminate and you must comply with Clause 6.

8.
CONTACT INFORMATION
If we have to contact you we will do so using the contact details you have provided to us. If you have to contact us in connection with this Licence you should write to our legal department at the email or postal address given above. Any written communication sent under or in connection with this agreement will be deemed to have been received two days after the day it was sent.

9.
GENERAL TERMS

9.1
This Licence is personal to you and you may not assign or otherwise transfer your rights and obligations under this Licence in whole or in part to any other person without our prior written consent. We may assign or otherwise transfer this Licence or our rights and obligations under it to any person at any time without your consent and without any notice to you.

9.2
This Licence constitutes the entire agreement and understanding between you and us in respect of the Data Set and supersedes all previous agreements, understandings and undertakings in relation to it.

9.3
Each provision or part provision of this Licence operates separately. If any court or relevant authority decides that any of them are unlawful or unenforcable, it shall be deemed to be deleted and the remaining provisions will remain in full force and effect.

9.4
The rights and remedies provided under this Licence are in addition to, and not exclusive of, any rights or remedies provided by law. You acknowledge that any breach or threatened breach of this Licence may cause irreparable harm to us and, in addition to any other remedies that we may have, we are entitled, to seek equitable relief, including injunctive relief and specific performance.

9.5
No failure or delay by us exercise any right or remedy provided under this Licence by us or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

9.6
Nothing in this Licence shall be deemed to establish any partnership or joint venture between you and us, make you our agent or authorise you to make any commitments on our behalf.

9.7
This Licence does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

9.8
This Licence and any dispute or claim in connection with it (including non-contractual disputes or claims) shall be governed and construed in accordance with the laws of England. The parties hereby submit to the exclusive jurisdiction of the English courts over any claim or matter arising under or in connection with this Licence. In the event of a dispute between you or us concerning any alleged breach of any provision of these clauses, at our sole election we may chose that such dispute shall be finally settled by arbitration under the rules of arbitration and at the venue that we select and you consent and waive any right to object to this.

Schedule

STANDARD CONTRACTUAL CLAUSES FOR THE TRANSFER OF PERSONAL DATA FROM THE EEA TO OUTSIDE THE EEA

1.
DEFINITIONS

1.1
For the purposes of the clauses in this Schedule:

(a)
personal data, special categories of data/sensitive data, process/processing, controller, processor, data subject and supervisory authority/authority shall have the same meaning as in Directive 95/46/EC of 24 October 1995 (whereby the authority shall mean the competent data protection authority in the territory in which the data exporter is established);

(b)
the data exporter shall mean the controller who transfers the personal data, namely Five AI Limited, a company incorporated in England and Wales whose registered address is at Unit 2.1B, Temple Studios, Lower Approach Road, Temple Meads, Bristol BS1 6QA;

(c)
the data importer shall mean the controller who agrees to receive from the data exporter personal data for further processing in accordance with the terms of these clauses and who is not subject to a third country's system ensuring adequate protection, namely you;

(d)
clauses shall mean these contractual clauses, which are a free-standing document that does not incorporate commercial business terms established by the parties under separate commercial arrangements.

1.2
The details of the transfer (as well as the personal data covered) are specified in Annex B, which forms an integral part of the clauses.

2.
OBLIGATIONS OF THE DATA EXPORTER

2.1
The data exporter warrants and undertakes that:

(a)
The personal data have been collected, processed and transferred in accordance with the laws applicable to the data exporter.

(b)
It has used reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses.

(c)
It will provide the data importer, when so requested, with copies of relevant data protection laws or references to them (where relevant, and not including legal advice) of the country in which the data exporter is established.

(d)
It will respond to enquiries from data subjects and the authority concerning processing of the personal data by the data importer, unless the parties have agreed that the data importer will so respond, in which case the data exporter will still respond to the extent reasonably possible and with the information reasonably available to it if the data importer is unwilling or unable to respond. Responses will be made within a reasonable time.

(e)
It will make available, upon request, a copy of the clauses to data subjects who are third party beneficiaries under Clause 3, unless the clauses contain confidential information, in which case it may remove such information. Where information is removed, the data exporter shall inform data subjects in writing of the reason for removal and of their right to draw the removal to the attention of the authority. However, the data exporter shall abide by a decision of the authority regarding access to the full text of the clauses by data subjects, as long as data subjects have agreed to respect the confidentiality of the confidential information removed. The data exporter shall also provide a copy of the clauses to the authority where required.

3.
OBLIGATIONS OF THE DATA IMPORTER

3.1
The data importer warrants and undertakes that:

(a)
It will have in place appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.

(b)
It will have in place procedures so that any third party it authorises to have access to the personal data, including processors, will respect and maintain the confidentiality and security of the personal data. Any person acting under the authority of the data importer, including a data processor, shall be obligated to process the personal data only on instructions from the data importer. This provision does not apply to persons authorised or required by law or regulation to have access to the personal data.

(c)
It has no reason to believe, at the time of entering into these clauses, in the existence of any local laws that would have a substantial adverse effect on the guarantees provided for under these clauses, and it will inform the data exporter (which will pass such notification on to the authority where required) if it becomes aware of any such laws.

(d)
It will process the personal data for purposes described in Annex B, and has the legal authority to give the warranties and fulfil the undertakings set out in these clauses.

(e)
It will identify to the data exporter a contact point within its organisation authorised to respond to enquiries concerning processing of the personal data, and will cooperate in good faith with the data exporter, the data subject and the authority concerning all such enquiries within a reasonable time. In case of legal dissolution of the data exporter, or if the parties have so agreed, the data importer will assume responsibility for compliance with the provisions of Clause 1.1(e).

(f)
At the request of the data exporter, it will provide the data exporter with evidence of financial resources sufficient to fulfil its responsibilities under Clause 4 (which may include insurance coverage).

Upon reasonable request of the data exporter, it will submit its data processing facilities, data files and documentation needed for processing to reviewing, auditing and/or certifying by the data exporter (or any independent or impartial inspection agents or auditors, selected by the data exporter and not reasonably objected to by the data importer) to ascertain compliance with the warranties and undertakings in these clauses, with reasonable notice and during regular business hours. The request will be subject to any necessary consent or approval from a regulatory or supervisory authority within the country of the data importer, which consent or approval the data importer will attempt to obtain in a timely fashion.

(h)
It will process the personal data, at its option, in accordance with:

(i)
the data protection laws of the country in which the data exporter is established, or

(ii)
the relevant provisions of any Commission decision pursuant to Article 25(6) of Directive 95/46/EC, where the data importer complies with the relevant provisions of such an authorisation or decision and is based in a country to which such an authorisation or decision pertains, but is not covered by such authorisation or decision for the purposes of the transfer(s) of the personal data, or

(iii)
the data processing principles set forth in Annex A.

Data importer to indicate which option it selects: Pursuant to clause 5.3 of the main Agreement you have agreed to process personal data in accordance with option (i).

(i)
It will not disclose or transfer the personal data to a third party data controller located outside the European Economic Area (EEA) unless it notifies the data exporter about the transfer and

(ii)
the third party data controller processes the personal data in accordance with a Commission decision finding that a third country provides adequate protection, or

(iii)
the third party data controller becomes a signatory to these clauses or another data transfer agreement approved by a competent authority in the EU, or

(iv)
data subjects have been given the opportunity to object, after having been informed of the purposes of the transfer, the categories of recipients and the fact that the countries to which data is exported may have different data protection standards, or

(v)
with regard to onward transfers of sensitive data, data subjects have given their unambiguous consent to the onward transfer

4.
LIABILITY AND THIRD PARTY RIGHTS

4.1
Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law.

4.2
The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses Clause 2.1(b), Clause 2.1(d), Clause 2.1(e), Clause 3.1(a), Clause 3.1(c), Clause 3.1(d), Clause 3.1(e),Clause 3.1(h), Clause 3.1(i), Clause 4.1, Clause 6, Clause 7.4 and Clause 8 against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter's country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

5.
LAW APPLICABLE TO THE CLAUSES

These clauses shall be governed by the law of the country in which the data exporter is established, with the exception of the laws and regulations relating to processing of the personal data by the data importer under Clause 3.1(h)which shall apply only if so selected by the data importer under that clause.

6.
RESOLUTION OF DISPUTES WITH DATA SUBJECTS OR THE AUTHORITY

6.1
In the event of a dispute or claim brought by a data subject or the authority concerning the processing of the personal data against either or both of the parties, the parties will inform each other about any such disputes or claims, and will cooperate with a view to settling them amicably in a timely fashion.

6.2
The parties agree to respond to any generally available non-binding mediation procedure initiated by a data subject or by the authority. If they do participate in the proceedings, the parties may elect to do so remotely (such as by telephone or other electronic means). The parties also agree to consider participating in any other arbitration, mediation or other dispute resolution proceedings developed for data protection disputes.

6.3
Each party shall abide by a decision of a competent court of the data exporter's country of establishment or of the authority which is final and against which no further appeal is possible.

7.
TERMINATION

7.1
In the event that the data importer is in breach of its obligations under these clauses, then the data exporter may temporarily suspend the transfer of personal data to the data importer until the breach is repaired or the contract is terminated.

7.2
In the event that:

(a)
the transfer of personal data to the data importer has been temporarily suspended by the data exporter for longer than one month pursuant to Clause 7.1;

(b)
compliance by the data importer with these clauses would put it in breach of its legal or regulatory obligations in the country of import;

(c)
the data importer is in substantial or persistent breach of any warranties or undertakings given by it under these clauses;

(d)
a final decision against which no further appeal is possible of a competent court of the data exporter's country of establishment or of the authority rules that there has been a breach of the clauses by the data importer or the data exporter; or

(e)
a petition is presented for the administration or winding up of the data importer, whether in its personal or business capacity, which petition is not dismissed within the applicable period for such dismissal under applicable law; a winding up order is made; a receiver is appointed over any of its assets; a trustee in bankruptcy is appointed, if the data importer is an individual; a company voluntary arrangement is commenced by it; or any equivalent event in any jurisdiction occurs

then the data exporter, without prejudice to any other rights which it may have against the data importer, shall be entitled to terminate these clauses, in which case the authority shall be informed where required. In cases covered by Clause 7.2(a);  Clause 7.2(b), orClause 7.2(e)above the data importer may also terminate these clauses.

7.3
Either party may terminate these clauses if:

(a)
any Commission positive adequacy decision under Article 25(6) of Directive 95/46/EC (or any superseding text) is issued in relation to the country (or a sector thereof) to which the data is transferred and processed by the data importer, or

(b)
Directive 95/46/EC (or any superseding text) becomes directly applicable in such country.

7.4
The parties agree that the termination of these clauses at any time, in any circumstances and for whatever reason (except for termination under Clause 7.3 does not exempt them from the obligations and/or conditions under the clauses as regards the processing of the personal data transferred.

8.
VARIATION OF THESE CLAUSES

The parties may not modify these clauses except to update any information in Annex B, in which case they will inform the authority where required. This does not preclude the parties from adding additional commercial clauses where required.

9.
DESCRIPTION OF THE TRANSFER

The details of the transfer and of the personal data are specified in Annex B. The parties agree that Annex B may contain confidential business information which they will not disclose to third parties, except as required by law or in response to a competent regulatory or government agency, or as required underClause 2.1(e)). The parties may execute additional annexes to cover additional transfers, which will be submitted to the authority where required. Annex B may, in the alternative, be drafted to cover multiple transfers.

ANNEX A

DATA PROCESSING PRINCIPLES

1.
Purpose limitation: Personal data may be processed and subsequently used or further communicated only for purposes described in Annex B or subsequently authorised by the data subject.

2.
Data quality and proportionality: Personal data must be accurate and, where necessary, kept up to date. The personal data must be adequate, relevant and not excessive in relation to the purposes for which they are transferred and further processed.

3.
Transparency: Data subjects must be provided with information necessary to ensure fair processing (such as information about the purposes of processing and about the transfer), unless such information has already been given by the data exporter.

4.
Security and confidentiality: Technical and organisational security measures must be taken by the data controller that are appropriate to the risks, such as against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, presented by the processing. Any person acting under the authority of the data controller, including a processor, must not process the data except on instructions from the data controller.

5.
Rights of access, rectification, deletion and objection: As provided in Article 12 of Directive 95/46/EC, data subjects must, whether directly or via a third party, be provided with the personal information about them that an organisation holds, except for requests which are manifestly abusive, based on unreasonable intervals or their number or repetitive or systematic nature, or for which access need not be granted under the law of the country of the data exporter. Provided that the authority has given its prior approval, access need also not be granted when doing so would be likely to seriously harm the interests of the data importer or other organisations dealing with the data importer and such interests are not overridden by the interests for fundamental rights and freedoms of the data subject. The sources of the personal data need not be identified when this is not possible by reasonable efforts, or where the rights of persons other than the individual would be violated. Data subjects must be able to have the personal information about them rectified, amended, or deleted where it is inaccurate or processed against these principles. If there are compelling grounds to doubt the legitimacy of the request, the organisation may require further justifications before proceeding to rectification, amendment or deletion. Notification of any rectification, amendment or deletion to third parties to whom the data have been disclosed need not be made when this involves a disproportionate effort. A data subject must also be able to object to the processing of the personal data relating to him if there are compelling legitimate grounds relating to his particular situation. The burden of proof for any refusal rests on the data importer, and the data subject may always challenge a refusal before the authority.

6.
Sensitive data: The data importer shall take such additional measures (e.g. relating to security) as are necessary to protect such sensitive data in accordance with its obligations under Clause 3.

7.
Data used for marketing purposes: Where data are processed for the purposes of direct marketing, effective procedures should exist allowing the data subject at any time to "opt-out" from having his data used for such purposes.

8.
Automated decisions: For purposes hereof "automated decision" shall mean a decision by the data exporter or the data importer which produces legal effects concerning a data subject or significantly affects a data subject and which is based solely on automated processing of personal data intended to evaluate certain personal aspects relating to him, such as his performance at work, creditworthiness, reliability, conduct, etc. The data importer shall not make any automated decisions concerning data subjects, except when:

(a)

(i)
such decisions are made by the data importer in entering into or performing a contract with the data subject, and
(ii)
the data subject is given an opportunity to discuss the results of a relevant automated decision with a representative of the parties making such decision or otherwise to make representations to that parties.

or

(b)
where otherwise provided by the law of the data exporter.

ANNEX B

Data subjects

The personal data transferred concern the following categories of data subjects:

Individuals whose images have been captured on and around public roads from moving or static cameras or who may be identifiable from those images by virtue of any other identifier relating to that individual that may have been captured in those images (e.g. car number plate).

Purposes of the transfer(s)

The transfer is made for the following purposes:

To promote research in developing autonomous vehicle technologies and/or computer vision algorithms.

Categories of data

The personal data transferred concern the following categories of data:

The images of the individual and/or relevant identifier (e.g. vehicle number plate) and the surrounding context to those images (i.e. the video of the scenes including that individual that could be seen from the static or moving cameras)

Recipients

The personal data transferred may be disclosed only to the following recipients or categories of recipients:

Those who request a copy of the Data Set the subject of this Licence from the data exporter which includes such images, with the right to use such data set being restricted by licence to non-commercial research purposes

Sensitive data (if appropriate)

The personal data transferred concern the following categories of sensitive data:

Special category data under the General Data Protection Regulation ((EU) 2016/679) is currently defined as including among other data, data that reveals a data subject’s: racial or ethnic origin; political opinions; religious and philosophical beliefs; trade union membership; data concerning health; and, sex life and sexual orientation.  It is possible that such data may be evident or capable of being inferred from the image of the individual / identifier and/or surrounding context that has been captured.

Data protection registration information of a data exporter (where applicable)

Not applicable

Additional useful information (storage limits and other relevant information)

Data to be retained only for as long as necessary to fulfil the above purposes or for the purposes of satisfying any legal, accounting, or reporting requirements.

Contact points for data protection enquiries

DATA EXPORTER

Five AI Limited
Name of data privacy manager: Claire Bennett, General Counsel Five AI
Email address: legal@five.ai
Postal address: FAO the General Counsel, Five AI, Temple Studios, Temple Gate, Temple Meads, Bristol, England, BS1 6QA

DATA IMPORTER

Details to be provided on application for permission to download the data set.