FiveAI Privacy Notice
FiveAI respects your privacy and is committed to protecting your personal data.
FiveAI exists to develop autonomous vehicle technology. In order to do this, we need to collect data on real-world driving conditions. While we are not interested in actively identifying individuals, some individuals may be identifiable in some of the data we collect. Where that applies to you, we acknowledge that we will have responsibilities to look after your personal data. This privacy notice will inform you about how we will look after your personal data, your privacy rights and how the law protects you.
1. Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how FiveAI collects and processes any personal data it obtains in the process of testing and developing autonomous vehicle technologies.
In particular circumstances we may supplement this privacy notice by providing further privacy notices or fair processing information to you. Where we do so, it is important that you read this privacy notice together with those other notices or that other information so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Five AI Limited is the controller of any personal data we collect and is responsible for any use we make of that personal data (referred to as, “we”, “us” or “our” in this privacy notice).
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your rights, please contact the data privacy manager using the details set out below.
Our full details are:
Full name of legal entity: Five AI Limited
Name of data privacy manager: Seb Dangerfield
Email address: Seb.Dangerfield@five.ai
Postal address: Temple Studios, Temple Gate, Temple Meads, Bristol, England, BS1 6QA
You 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.
Changes to the privacy notice
This version was last updated on 3rd May 2018 and historic versions can be obtained by contacting us.
2. The data we collect about you
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, use and store takes the form of visual images and footage captured on and around public roads from moving or static cameras. 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 we collect by, for example, their physical appearance, location, who they are with or any identifier relating to them (eg. a car number plate).
We will not intentionally collect any Special Categories of Personal Data (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 data we collect may fall into these Special Categories of Personal Data. As the data we collect only relates to what is visible from a car driving on a public road, 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 collect any information about criminal convictions and offences.
3. How is your personal data collected?
We use different methods to collect or obtain data:
- Collection during on road testing and development. We will collect data from cameras and other sensors mounted on “FiveAI”-branded vehicles driving on public roads within the UK.
- Third parties or publically available sources. In addition to collecting data ourselves, we may also receive footage from third party partners. 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 data we receive from third parties in the same way as for data we collect ourselves.
4. How we use your personal data
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 and using autonomous vehicle technologies. 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). 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 all the ways we plan to use any personal data we collect, and what lawful basis we rely on to do so.
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 of street scenes and traffic situations.
Lawful basis for processing:
Necessary for our legitimate interests (developing autonomous vehicle technologies).
To test and run vehicles in autonomous mode on public roads.
Type of data:
Visual footage of street scenes and traffic situations.
Lawful basis for processing:
Necessary for our own and third party legitimate interests (safely operating autonomous vehicles on public roads).
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 the 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.
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in paragraph 4 above.
- Service providers acting as processors who provide IT and system administration services.
- 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.
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 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.
6. International transfers
We will not transfer your personal data outside the European Economic Area (EEA).
7. Data security
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, 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.
8. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected 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.
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.
9. Your legal rights
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 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.