The purpose of this privacy notice
This general privacy notice aims to give you information about how Five:
- collects and processes any personal data it obtains in the process of testing and developing autonomous vehicle technologies;
- processes any real-world driving footage provided by its clients; and
- processes any personal information you provide to us or which other people may provide to us about you on (for example, if you contact us or if someone provides us with information about you),
as well as general information around your privacy rights and how the law protects you.
In other circumstances where we collect your personal data, we will issue and direct you to a supplemental privacy notice to explain what data we have collected and how we will use it. The current supplemental notices are provided in the “Supplementary Privacy Notices” section at the end of this notice.
Changes to this privacy notice
This privacy notice may be updated from time to time. When amendments are made, we will update the “last updated” date at the top of this privacy notice. Historic versions of this privacy notice may be obtained by contacting us.
Generally
Five AI Limited (referred to as, “we”, “us” or “our” in this privacy notice) is the data controller of any personal data we collect or otherwise obtain and use on our own behalf.
Client footage
In the provision of our services to our clients, we may be asked to process real-world footage captured on and around roads by or on behalf of our clients. We process this information, strictly on behalf of our clients and in accordance with their instructions. This means our client would be the party ultimately responsible for making decisions about how and why the footage is processed (the data controller).
As we are not involved in the collection of this information and we do not attempt to systematically identify individuals within it, we are not able to notify you individually if we receive personal information relating to you. However, in the interests of transparency, we wanted to bring this fact to your attention and to assure you that we consider and balance the interests of individuals whose personal information is contained in any information we receive from clients in the same way as for information we collect ourselves.
If you have any questions about this privacy notice, or wish to exercise your rights, please contact the data privacy manager using the details set out below:
Email address: privacy@five.aiPostal address: Privacy, Five AI Limited, Fora, 20 Station Road, Cambridge, CB1 2JD
You also have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (
www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
The data we collect, receive from third parties such as our clients, use and store, takes the form of visual images and other footage captured on and around roads from vehicles or other moving or static cameras and/or other sensors. We will not actively seek to identify you, and we will not use the data to monitor or track the movements or activities of individuals for extended periods. However, individuals may be identifiable in the data, for example, from their physical appearance, location, who they are with or any identifier relating to them (e.g. a car number plate).
We may also obtain personal information about you on an ad hoc basis if you provide it to us (e.g. if you contact us) or if others provide us with information about you.
We will not intentionally process any special categories of personal information (this includes details about race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about health and genetic and biometric data). However, we acknowledge that certain aspects of your appearance or activities reflected in the information we collect and receive may fall into these special categories of personal information. As this information only relates to what is visible from a car on a road or from pavements and other public spaces alongside roads, we would only expect this to relate to information about you that you are comfortable allowing to be visible in public areas. We do not intentionally collect or process any information about criminal convictions and offences (we would only process this type of information if it happened to be visible in the data we collect).
We use different methods to collect or obtain data:
- Collection during on road testing, autonomous vehicle related software development and data gathering activities. We will collect data from cameras and other sensors mounted on “Five”-branded vehicles driving on public roads within the UK. This may include externally and internally mounted sensors. We also have internal CCTV systems observing the vehicle interior.
- Collection during mapping. We will collect data from cameras and other sensors being operated by our personal at head height or pole elevation on pavements and other public spaces alongside roads within the UK, and occasionally at higher elevations (e.g. from buildings).
- Third parties or publicly available sources. In addition to collecting data ourselves, we may also receive footage from clients or other third parties, or obtain data from publicly available sources. As we are not involved in the collection of this data and we do not attempt to systematically identify individuals within either the data we collect or the data we receive, we are not able to notify you individually if we receive personal data relating to you. However, in the interests of transparency, we wanted to bring this fact to your attention and to assure you that we consider and balance the interests of individuals whose personal data is contained in any third-party data in the same way as for data we collect ourselves.
We may also be given data about you if you choose to provide it to us or if a third party provides data about you to us through whatever means of communication is used, such as by email, telephone, instant messaging service, post or filling in a form.
Generally
We will only use your personal data when the law allows us to. Generally, this will only be where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
The legitimate interests we rely on as the legal basis of our use of your personal data are the interests of our business and of society more generally in testing, developing, assuring and using autonomous vehicle technologies and our interests in operating our business. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we are otherwise required or permitted to by law). We also receive assistance from trusted third parties to perform our activities, as described in section 5 below. You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Otherwise, we will only use your personal data where it is necessary for us to comply with legal or regulatory obligations that we are subject to.
While you may have a right to object to our use of your personal data, we do not rely on consent as a legal basis for processing your personal data.
Purposes for which we will use your personal data
Below, we have set out a description of the ways we plan to use any personal data we collect, or otherwise obtain, and what lawful basis we rely on to do so.
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Purposes/Activities:
For the development of software for use in the development of and/or safety assurance of autonomous vehicle software.
For the analysis, error modelling (testing) and creation of virtual simulation environments.
Type of data:
Visual footage and other sensor data of road or street scenes (including pedestrian behaviour) and traffic situations.
Lawful basis for processing:
Necessary for our legitimate interests (developing and providing software to clients and for our own use for the development and safety assurance of autonomous vehicle software).
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Purpose/Activity:
To develop autonomous vehicle software, such as software that allows vehicles to identify and predict the movements of traffic and other road users in complex urban environments.
Type of data:
Visual footage and other sensor data of road or street scenes (including pedestrian behaviour) and traffic situations.
Visual footage of vehicle interior.
Lawful basis for processing:
Necessary for our legitimate interests (developing and verifying autonomous vehicle technologies).
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Purposes/Activities:
To test and run vehicles in autonomous mode on public or private roads.For insurance purposes and evidential purposes.
Type of data:
Visual footage and other sensor data of road or street scenes (including pedestrian behaviour) and traffic situations.
Visual footage of vehicle interior.
Lawful basis for processing:
Necessary for our and third-party legitimate interests (developing autonomous vehicle technologies, supporting our operations and evidential purposes).
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Purpose/Activity:
To demonstrate and promote our products and services to potential clients, for our general marketing purposes, to respond to your communication or for the purpose of our investment raising activities.
Type of data:
Visual footage and other sensor data of road or street scenes (including pedestrian behaviour) and traffic situations.
Contact and other information with which you have provided us or with which others have provided us.
Lawful basis for processing:
Necessary for our own legitimate interests (marketing our business and raising investment).
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Purpose/Activity:
For research into, or to promote research into developing autonomous vehicle technologies and/or computer vision algorithms. This may include, for example, use for or in our own published research and conference presentations, in research collaborations with third parties or the public release of data sets.
Type of data:
Visual footage and other sensor data of road or street scenes (including pedestrian behaviour) and traffic situations.
Lawful basis for processing:
Necessary for our own and third-party legitimate interests (promoting and use in research in fields that will assist in the development of autonomous vehicle technologies).
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Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for any new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will update this privacy notice with an explanation of the legal basis that allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Client footage
Where we process your personal information for our own purposes, we will process it in accordance with the legal basis and purposes described above. Where we process your information on behalf of our clients, i.e. as part of the provision of our services to our clients, we will process it in accordance with our client’s legitimate interests in the development and safety assurance of its autonomous driving systems.
We may have to share your personal data with the parties set out below for the purposes set out in section 4 above.
- Service providers acting as processors who provide IT, software development or system administration services.
- Other companies in our corporate group acting as joint controllers or processors for the same purpose as for which we use your personal data.
- Professional advisors acting as processors or joint controllers, such as lawyers, bankers, auditors and insurers, to the extent they require such personal data to provide their services to us.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
- Third parties acting as processors or controllers who may provide us with products or services to assist us in developing autonomous vehicle technologies, or who may be developing autonomous vehicle technology products or services themselves, but only where it is necessary for us to share your personal data for this.
- Our clients (i) if they require real world driving footage we have previously collected in connection with a specific project our use case or (ii) if they were the party who collected or provided us with your personal information in the first instance (i.e. a return of information).
- Researchers and others who access any data sets we may release for research purposes.
- Governmental or regulatory bodies or other authorities who legitimately require us to do so.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers who act as processors to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. We do not sell personal data to advertisers or marketing companies.
We may transfer your personal data outside the UK. Whenever we transfer your personal data outside the UK or EEA, we only do so where the transfer is permitted by data protection law and ensure a similar degree of protection is afforded to it.
- We may transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the UK government. The list of countries that benefit from adequacy decisions will change from time to time, but includes the EEA. We will usually seek to rely on an adequacy decision where one exists.
- Where we use certain service providers or are otherwise transferring your personal data to a country for which there is no adequacy decision, we will only do so if we are satisfied appropriate safeguards are in place and enforceable rights and effective legal remedies are available for data subjects. These safeguards will usually include using specific contracts approved for use for international transfers which give personal data similar protection to that it has in the UK.
- We may also transfer personal data where a specific exception applies under data protection law, for example if the transfer is necessary for the performance of a contract between us or to take pre-contract steps at your request, for a contract in your interests between us and another person, or to establish, exercise or defend legal claims.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, officers, consultants, agents, contractors and other third parties who have a need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it or obtained it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of the personal data, the purposes for which we process the personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Where we act as a processor of client footage, we will retain the data for as long as we are required to retain it and entitled to retrain it under our agreement with our client.
In some circumstances you can ask us to delete your data: see request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. As we do not actively identify individuals within the data we hold, these rights will only apply where we can actually identify your personal data. You may need to provide us with additional information in order for us to do so.
Where we are able to identify your personal data, you have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. Note, however, that we do not generally hold visual footage or other sensor data in a way that could straightforwardly be described as incomplete or inaccurate because we do not actively seek to identify particular individuals.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
