FordPass Terms and Privacy Policy | Ford New Zealand

FordPass Terms and Privacy Policy

Ford Motor Company of New Zealand Limited

Version date: November 2023

A few important points:

• In this document, the Terms are set out in Section 1 and the Privacy Policy is set out in Section 2.
• Only use the FordPass App when it is safe to do so.
• Use of FordPass requires a compatible mobile device, internet access and software, and may require obtaining FordPass App updates from time to time. You may need to install the newest version of the FordPass App before you can use FordPass again. Because of this, and because of things like network failures, flat batteries, or lost devices, make sure you can always access your vehicle, via your key, even when you can’t access FordPass.
• You are responsible for internet access, mobile network data and voice call services required for your use of the FordPass App on your mobile device, including fees.
• FordPass transmits data from your mobile device and, if you choose to connect FordPass with your Connected Vehicle, from your vehicle. You can manage the types of data, including location data, that are transmitted from your device (and, if applicable, your Connected Vehicle). However, if you choose to disable data transmission, this will result in you being unable to use certain features of FordPass or your Connected Vehicle.
• The modem fitted to your Connected Vehicle, will only work with the 3G/4G telecommunications networks. When these networks are no longer available, the modem will stop functioning and the Connected Services and all data transmission via the modem will cease.
• Through FordPass you can authorise other FordPass users to have access to your Connected Vehicle. All authorised users associated with your Connected Vehicle have the same access, functionality and views to information as you, including vehicle location.
• If you share your mobile device or Connected Vehicle with any other persons, you are responsible for ensuring that those persons are aware of and consent to Ford’s collection and use of data when they are using your mobile device or your Connected Vehicle.
• You are responsible for the use of FordPass and its features for your vehicle, even if you are not the one using FordPass or features and even if you claim later that another persons’ use was not authorised.
• Always ensure your keys are with you and not in the vehicle when you perform a Remote Start, or while the Remote Start command is in process, as the vehicle will lock even if a key is present inside the vehicle.

TABLE OF CONTENTS:

1. FORDPASS TERMS
   • 1.1. Introduction:
     • 1.1.1. FordPass Agreement;
     • 1.1.2. System Requirements, Changes and Cancellations.
     • 1.1.3. Connected Vehicle System Requirements and Updates
   • 1.2. Services:
     • 1.2.1. Connected Services;
     • 1.2.2. Unique Electric Vehicle (EV) Connected Features;
     • 1.2.3. Dealer Services;
     • 1.2.4. Ford Guides;
     • 1.2.5. Roadside Assistance;
   • 1.3. Connected Operations:
     • 1.3.1. How the FordPass App and FordPass Connect Modem ‘talk’ to each other
     • 1.3.2. Telecommunications carrier
     • 1.3.3. Fully Activated Vehicle
     • 1.3.4. How to identify if a Connected Vehicle is transmitting data
     • 1.3.5. How to control the data that is sent from a Connected Vehicle
     • 1.3.6. Sharing your Connected Vehicle, or driving a shared vehicle
     • 1.3.7. The importance of Reset
   • 1.4. Term.
   • 1.5. Vehicle Safety.
   • 1.6. Integration with other Ford services / third party services.
   • 1.7. Limited Licences.
   • 1.8. Trademark Notice.
   • 1.9. Liability.
   • 1.10. Apple iOS App Store.
   • 1.11. Severance.
   • 1.12. Governing Law.


2. FORDPASS PRIVACY POLICY
   • 2.1. Our privacy commitment to you.
   • 2.2. Information we collect.
   • 2.3. How we use information we collect.
   • 2.4. What happens if you don’t provide personal information?
   • 2.5. To whom do we disclose personal information.
   • 2.6. Does personal information leave New Zealand?
   • 2.7. How we store and protect personal and Connected Vehicle information.
   • 2.8. Links, cookies and use of FordPass.
   • 2.9. How to access and correct personal information and our complaints process.


3. FORD CONTACT DETAILS.

1. FORDPASS TERMS

1.1. Introduction


Welcome to FordPass and the world of Ford connectivity

Before we get started, we want you to know how the FordPass App works, including how it works with Connected Vehicles (described below) and we need you to tick the box(es) to accept these FordPass Terms and Privacy Policy (Terms) once you’ve reviewed them.

FordPass / the FordPass App is an app that you can download onto your mobile device. It can be used in conjunction with a Connected Vehicle or not.

FordPass Connect is a cellular modem containing a SIM card which enables a Ford vehicle to connect to the internet, much like a mobile device with a SIM card. The cellular modem is embedded in the vehicle and just like other parts of a vehicle, is fitted at the factory.

If you have a FordPass Connect modem in your vehicle, you have a Connected Vehicle. To make use of it, you need to download the FordPass App, create an account and, similar to the concept of Bluetooth pairing, link the two together to create a ‘fully activated’ vehicle. Once fully activated, in addition to the standard services offered in FordPass, a range of Connected Services are available to you including those set out in clause 1.2 below.

The FordPass App can be used as a standalone app, to see limited information about a given vehicle, such as its warranty start date, owner manual (where available) and notifications for field service actions and recalls.

These Terms cover the FordPass App and its services including where it is linked to a Connected Vehicle.

1.1.1. FordPass Agreement

These Terms govern access to and use of the FordPass App between the individual user of FordPass (you) and Ford Motor Company of New Zealand Limited, Level 2, 86 Highbrook Drive, East Tamaki, Auckland (Ford, we, our, us).

Ford Motor Company of New Zealand Limited is responsible for information received from your Connected Vehicle. For some processing activities described here, our parent company, Ford Motor Company (based in the United States of America), takes primary responsibility. Where this is the case, Ford Motor Company will work with us to ensure that your personal information, and your rights in relation to it, are protected.

These Terms do not alter in any way the terms of any other agreement you may have with us, another Ford company or any other third party. These Terms contain important information about FordPass. FordPass relies on data from you, your mobile device, and if you choose, your vehicle, so we can deliver services to you. Please also see our FordPass Privacy Policy in Section 2 below for more information. These Terms are available in FordPass in your account settings. Access to and use of FordPass under these Terms is limited to New Zealand.

To use FordPass you are required to register and accept these Terms. Registering for FordPass requires you to select your country, to provide your first and last name as well as your e-mail address and a password to create a Ford account. This account will also allow you to access services on Ford’s website, subject to acceptance of applicable terms.

In addition, through FordPass you can authorise other FordPass users to have access to your Connected Vehicle. All authorised users associated with your Connected Vehicle have the same access, functionality and views to information as you, including vehicle location. If you share your mobile device or Connected Vehicle with any other users, you are responsible for ensuring that those users are aware of and consent to Ford’s collection and use of data when they are using your mobile device or your Connected Vehicle. You are responsible for the use of FordPass and its features for your vehicle, even if you are not the one using FordPass or features and even if you claim later that another persons’ use was not authorised. If you authorise anyone that is under the age of 18, you agree that they may only use FordPass under your supervision.

These Terms will take effect and will form a binding agreement between you and us, as soon as you receive a confirmation by email or when you use FordPass for the first time. We will amend these Terms from time to time if we believe in our reasonable opinion that it is necessary to do so (for example, for security, legal or regulatory reasons, if we change the scope of our available Services in a way that requires a change to these Terms or if we introduce new Services and a change to the Terms is required). If we amend the Terms to increase the scope of our available Services or introduce new Services, we will alert you through FordPass to these Terms, and allow you an opportunity to accept the modified Terms. Where any new terms restrict or limit your existing rights under this agreement, we will provide you with reasonable advanced notice before the amended terms take effect and we will notify you of the amended terms by email to your current registered email address. If you do not wish to accept the amended Terms, you may uninstall the FordPass App and stop using it.

1.1.2. System Requirements, Updates and Cancellation

Use of FordPass requires a compatible mobile device, internet access, and software, and may require obtaining FordPass App updates from time to time (which may add, remove or modify services). Once updated, you acknowledge that FordPass App is unable to be reverted to previous versions. You are responsible for internet access, mobile network data and voice call services required for your use of the FordPass App on your mobile device, including fees. You agree that we are under no obligation to provide any updates to FordPass and can, at our discretion, offer optional paid services or updates in the future.

The FordPass App can only work when connected to the telecommunications network. It may be unavailable or particular services interrupted from time to time for a variety of reasons, for example due to poor signal strength or FordPass App infrastructure changes.

You are responsible for keeping your FordPass account information and password secret. You are responsible for any activity that occurs in your account, including unauthorised activity. You agree to notify us immediately of any unauthorised use of your account or password.

If you no longer choose to use FordPass, you can uninstall the FordPass App from your mobile device. If you uninstall the FordPass App, this will not delete your account information. If you wish to delete your account, please contact our Guides (guidesnz@ford.com) and provide them with the email address you used to set up your account.

If your vehicle has a FordPass Connect modem your vehicle will continue transmitting data to Ford even if you uninstall the FordPass App. You can turn off ‘Vehicle Connectivity’ via the in-vehicle SYNC system, in the Settings menu and therefore, the sending of data from your vehicle’s modem will cease.

1.1.3. Connected Vehicle System Requirements and Updates

Connected Vehicles contain in-vehicle systems. From time to time these systems may require updating. System updates can range from small adjustments through to extensive software upgrades or changes, for example to introduce a new feature. These updates can be made in multiple ways, physically when you take your vehicle to be serviced or remotely through over-the-air transmission using your vehicle’s embedded modem. If not updated, some vehicle features, or services may not operate as intended or may cease to work.

Where a small adjustment is administered, it does not alter the vehicle software nor its function, rather it will fine tune the operation of an existing feature. Where the embedded modem in your Connected Vehicle is on, your vehicle will receive these small adjustments remotely, without any further action from you and without disruption to you, your vehicle usage or your driving experience.

Where a system update involves an upgrade or change to software, some of these changes can be delivered over-the-air to your Connected Vehicle. Software changes will be deployed differently depending on the SYNC system your vehicle is equipped with, as explained below:

• For SYNC3 equipped Connected Vehicles, software updates can be made over-the-air to the modem. Where the vehicle’s embedded modem is on, Ford, our affiliates and/or service providers may remotely check and deliver software updates, upgrades, supplements, or changes without any further notice to you.
• SYNC4 equipped Connected Vehicles contain an ‘Automatic Updates’ setting. Information on Automatic Updates can be viewed via the SYNC system in your vehicle by selecting Settings, then System Updates. You will see Automatic Updates with a slide bar indicating whether it is set to ‘On’ or ‘Off’.
  
  Where Automatic Updates is set to ‘On’ in your vehicle, you agree that Ford, our affiliates and/or service providers may remotely check and deliver software updates, upgrades, supplements, or changes without any further notice or additional consent from you. For SYNC4 equipped Connected Vehicles, software updates can be delivered over-the-air to in-vehicle systems including certain vehicle modules, SYNC and modem modules. These updates may include vehicle enhancements and updates to improve vehicle quality, vehicle capability and to add vehicle features or software security updates.
  
  Where Automatic Updates is set to ‘Off’ in your vehicle, it can still receive these updates however you will need to accept each update.

1.2. Services


We may expand the scope of the available services and/or add new services to FordPass in the future. Below you can find a description of the services which are currently available in FordPass or require a fully activated vehicle to function and the terms you should be familiar with when using those services.

FordPass can be used as a standalone app, to see limited information about a given vehicle (requires a Vehicle Identification Number (VIN)), such as warranty start date, owner manual (where available) and notifications for field service actions and recalls.

If you have a Connected Vehicle, FordPass can be linked to create a fully activated vehicle, and you can then access Connected Services described below. These services will vary between vehicle model and level of specification. Details of what services are available on your vehicle are displayed in FordPass.

1.2.1. Connected Services

• Remote Start: Prior to departure, you can start your vehicle’s engine from your mobile device in order to heat or cool the cabin. For this function to work, the automatic transmission must be in Park and the bonnet must be closed. This may take up to 4 minutes. The vehicle is ready to be driven once you arrive with your vehicle proximity key. It cannot be driven without the key.
  
  Note:
  
  
  • Always ensure your keys are with you and not in the vehicle when you perform a Remote Start, or while the Remote Start command is in process, as the vehicle will lock even if a key is present inside the vehicle.
  • When a Remote Start command is performed and the cabin doors are closed, the vehicle will ensure it is locked (confirmation of single stage locking), before starting the engine.
  • Should a cabin door be ajar when Remote Start is activated, the vehicle will attempt the locking cycle, and the Remote Start function will still operate successfully.
  • When the Remote Start command is activated (and the cabin doors are closed), the alarm system is active but in a reduced guard mode to avoid false alarms. The perimeter alarm remains fully active, however vehicles capable of double locking will revert to single stage central locking.
  • After a Remote Start is performed, the vehicle will remain locked.
  • As a safety precaution, FordPass will only successfully Remote Start the vehicle twice in a row. On the third attempt, you will receive an error message requiring you to start the vehicle manually.
  • Remote Start is not compatible with manual transmissions and therefore not available on manual models.
  • Please use Remote Start responsibly, only in well ventilated areas, and where you are aware of your vehicle’s surroundings.
• Remote Lock and Unlock: You can lock and unlock your Ford remotely, meaning you don’t have to rush back to your vehicle to check if you’ve remembered to lock the doors. This also allows you to let passengers into your vehicle regardless of whether you are there or not. This may take a few minutes.
  
  Note:
  
  
  • Remote Lock and Unlock attends to the vehicle cabin doors, bonnet, boot or tailgate. It does not include sunroof where fitted. In other words, if you have left your sunroof open, and lock your vehicle remotely, it will not close your sunroof.
  • The Remote Lock feature will work even if you leave your key or key fob in the car.
  • Always take your key or key fob with you when you leave your vehicle.
• Live Traffic Updates (Selected SYNC 3 equipped Connected vehicles): Where fitted with embedded satellite navigation, maps were loaded onto your vehicle’s SYNC 3 system at the factory. As you drive, your Connected Vehicle provides Live Traffic updates and displays these over your embedded map along your route. It includes comprehensive traffic information and offers an alternate route when detecting congestion and heavy traffic conditions.
  
  Note:
  
  
  • Live Traffic is only available on vehicles equipped with embedded satellite navigation.
  • Live Traffic is offered for a period of 3 years commencing on the Ford Express New Vehicle Warranty start date, after which time the service may cease to be available or may be subject to a subscription fee.
  • You must have SYNC Location set to ‘on’ to use this feature in your Ford.
• Connected Built-In Navigation (Selected SYNC4 equipped Connected Vehicles): Where available, Connected Built-In Navigation comprises an embedded map loaded onto your vehicle’s SYNC system at the factory. As you drive, your Connected Vehicle downloads latest map information together with real-time information including traffic, fuel pricing, weather and parking, along your route to provide you a seamless navigation experience. There is no reliance on your own smart device for this service.
  
  Note:
  
  
  • Connected Built-In Navigation is only available on vehicles equipped with embedded satellite navigation.
  • Connected Built-In Satellite Navigation is offered for a period of one year commencing on the Ford Express New Vehicle Warranty start date, after which time the service may cease to be available or may be subject to a subscription fee.
  • You must have SYNC Location set to ‘on’ to use this feature in your Ford.
  • For Electric Vehicles, this service includes charge stations which can be filtered based on network type, plug type and availability as well as other information.
• Zone Lighting (Selected SYNC4 equipped connected Ranger/Everest models only): Where fitted, Zone Lighting provides a network of lights including headlamps, external mirror puddle lamps and cargo box lamps and/or numberplate lamps that work together or as 4 individual zones to illuminate the perimeter of the vehicle, so you have access to a light source. It can be controlled via the SYNC4 touchscreen or FordPass App.
  
  Note:
  
  
  • Zone Lighting is only available on vehicles fitted with an automatic transmission, auto stop/start, external mirror puddle lamps and pick up box lamps (Ranger).
  • For safety reasons, Zone Lighting can only operate when the vehicle is switched off and the transmission is in Park.
  • Zone Lighting turns off after a certain period of time to conserve battery power. However, the service will provide an indicator flash warning and a message on SYNC4 screen prior to doing so.
  • If planning to use Zone Lighting for extended periods on a regular basis, it is recommended that the vehicle be fitted with a genuine accessory auxiliary battery.
• Trailer Light Check (Selected SYNC4 equipped connected Ranger/Everest models only): Trailer Light Check, provides the ability to check the operation of your trailer lights when connected to your vehicle. Trailer Light Check will a run a sequence of 5 light activations from the vehicle, allowing you to conveniently check the correct operation of the lights at the rear of the trailer. It can be controlled via the SYNC4 touchscreen or FordPass App.
  
  Note:
  
  
  • Trailer Light Check has been designed to operate with a factory fit or Genuine Ford Accessory tow bar.
  • Trailer Light Check can only operate when the system detects adequate vehicle battery charge.
  • Where used via FordPass as a Connected Service, eligible vehicles receive 1 year of service from the Ford Express New Vehicle Warranty start date after which time, the Connected Service may cease to be available, or may be subject to a subscription fee.
• Vehicle Locator: You can see your vehicle’s location in the FordPass App, which is particularly useful if you share your vehicle with one or more members of your household or if you have forgotten where you parked it. You must have SYNC Location set to ‘on’ to use this feature.
• Vehicle Status: Through the FordPass App’s Vehicle Status feature, you can check your vehicle’s key variables including fuel level, distance to empty, odometer and tyre pressures (where a digital read-out Tyre Pressure Monitoring System is fitted). This can be helpful when planning your day’s journey.
  
  Note:
  
  
  • For Electric Vehicles, this service adds additional Vehicle Status items. On a PHEV, a combined Distance to Empty (DTE) measure made up of both battery range and Internal Combustion Engine (ICE) range, in addition to displaying the separate DTEs and charge level. On a BEV, it displays the DTE and battery range.
• Vehicle Health Alerts: Where your vehicle identifies and triggers certain fault or warning codes, it will send these to your FordPass App as a Vehicle Health Alert, foreshadowing service needs. An example of such an alert, is informing you that your vehicle has a low washer fluid level. These may include promotion of available Ford dealer services.
  
  Note:
  
  
  • These notifications should not be used or relied upon in place of normal vehicle maintenance.
  • If at any time you believe there may be an issue or problem with your vehicle, consult with a professional for diagnosis and required maintenance.
• Service Reminders: You will receive in-app service reminders tailored to your usage of the vehicle. These are designed to give you a more accurate indication of when your vehicle may require servicing, rather than relying on the standard scheduled service intervals. These may include promotion of available Ford dealer services.
• Ownership Experiences: You will receive in-app messages alerting you to resources available to you to, such as our learning hub or Expert support services. These may be considered promotional in nature.
• Deep Sleep Mode: Your Connected Vehicle includes a protective feature known as Deep Sleep mode. Deep Sleep mode is triggered on a Connected Vehicle after approximately 14 days of inactivity if a low battery state of charge is detected in your vehicle. Starting the connected vehicle with the key, is the only way to exit Deep Sleep mode. During Deep Sleep, Connected Services cannot operate.

1.2.2. Unique Electric Vehicle (EV) Connected Features

• Trip Planner (BEV only): You can plan a route by directly entering your destination into SYNC or via the FordPass App, from where you can send it to your vehicle. This allows you to plan a navigation route which automatically factors in stops at EV charging stations, including estimates of the amount of time spent at each charging station. It can also suggest different routes based on your preferences, that is between time taken, distance travelled, or optimal economy. Trips that have been created in the FordPass App and then sent and stored on SYNC are visible to all users.
  
  Note:
  
  
  • Trip Planner is only available on vehicles equipped with embedded satellite navigation.
  • Trip Planner is offered for a period of one year commencing on the Ford Express New Vehicle Warranty start date, after which time the service may cease to be available or may be subject to a subscription fee.
  • You must have SYNC Location set to ‘on’ to use this feature in your Ford.
• Charge Programming: This feature comprises a range of tools for planned charging. It can be controlled via the SYNC touchscreen or FordPass App. Charge scheduling allows you to schedule your preferred charge times, for example in order to take advantage of when electricity rates are at lowest peak. Departure Times allows you to establish a departure time and distance of trip required, and then allow the vehicle to determine when it needs to commence charging to meet this deadline. Battery Preconditioning (BEV only), is an automatic part of Charge Programming. In colder climates, it ensures the vehicle’s battery reaches an operating temperature that optimises efficiency, before commencing a drive.
  
  
• Cabin Conditioning: Similar to Remote Start, minutes before leaving you can use the Remote Start function on your FordPass App, to precondition, (that is heat or cool), your cabin. For this function to work, the automatic transmission must be in Park and the bonnet must be closed. The vehicle is ready to be driven once you arrive with your vehicle key. It cannot be driven without the key.
  
  Note:
  
  
  • For BEVs, where the vehicle is not connected to an external electricity supply and where a low battery state of charge is detected in your vehicle, this may not operate.
  • For PHEVs, the vehicle will determine which power source to use to Remote Start. If plugged in to a power source, it is likely to use mains electricity to precondition the cabin. If battery charge is inadequate, it will use the internal combustion engine.
  • As a safety precaution, FordPass will only successfully Remote Start (precondition) the vehicle twice in a row. On the third attempt, you will receive an error message requiring you to start the vehicle manually.
• Global Start/Stop Charging allows you to use your FordPass App to remotely start or stop your EV charging. This means you can override any existing charging schedules without physically accessing the vehicle.
  
  Note:
  
  
  • Global Start/Stop is offered for a period of one year commencing on the Ford Express New Vehicle Warranty start date, after which time the service may cease to be available or may be subject to a subscription fee.

1.2.3. Dealer Services

FordPass allows you to connect with Ford dealers, including information about their locations and the services they offer. Where you connect with your dealer via FordPass for servicing needs, all appointments and vehicle services are the responsibility of you and your Ford dealer. Ford dealers are separate legal entities independent from us, and we are not responsible or liable for dealers’ activities, including any services you receive from your dealer or the content of dealer websites.

1.2.4. Ford Guides

The Ford Guides feature allows you to connect with a Guide via phone or email (guidesnz@ford.com ) if you need any support on using the various FordPass Services. A Ford Guide may ask you to verify your FordPass account by requesting your phone number or email address. If you provide your personal contact information, you are expressly consenting to a Ford Guide contacting you in order to assist you with your query.

1.2.5. Roadside Assistance

Within the FordPass App, you can make a voice call to a roadside assistance service centre via the ‘Roadside Assistance’ function.

Roadside assistance services will be provided by The New Zealand Automobile Association. Please note that your use of roadside assistance services through this function may be subject to a fee and/or costs charged by the roadside assistance provider. These fees/costs will be charged directly to you by the roadside assistance provider. If you are an AA Roadside Assistance member through Ford, the costs of roadside assistance services accessed through this function may be included in your membership. The full terms and conditions of AA Roadside Assistance membership through Ford is available here. You are responsible for any communication costs charged by a third party (including mobile telephone/device fees and internet access fees).

1.3. Connected Operations

1.3.1. How the FordPass App and FordPass Connect Modem ‘talk’ to each other

In simple terms, when you select a command, for example Remote Start, the FordPass App sends a signal via a telecommunications carrier to Ford’s cloud located in the USA, where, after validation, it is sent back down to the FordPass Connect modem in your vehicle and the command is carried out. Your vehicle then sends a signal to confirm it has carried out the ’Remote Start’ command via the telecommunications carrier to Ford’s cloud, where it is then on-sent to your FordPass App on your mobile device.

It may take up to 4 minutes between issuing a remote command and vehicle response to occur. This variation may be caused by a variety of factors including cellular signal strength, internet and cloud infrastructure congestion.

If your vehicle’s FordPass Connect modem or your FordPass App cannot connect to the telecommunications network (for example, due to poor signal strength or data service interruptions), the Connected Services cannot operate.

1.3.2. Telecommunications carrier

The SIM card contained in all FordPass Connect modems is a global SIM card which will roam to an available signal from one of the three telecommunications carriers (Spark NZ, One NZ, 2degrees).

You cannot access nor change the SIM card in your vehicle’s FordPass Connect modem.

The FordPass Connect modem fitted to your vehicle, will only work with the 3G/4G telecommunications networks. When these networks are no longer available, the FordPass Connect modem will stop functioning and the Connected Services and all data transmission via the FordPass Connect modem will cease.

1.3.3. Fully Activated Vehicle

As described in the introduction, when you link your FordPass App account to your Connected Vehicle, your vehicle is ‘fully activated’ and allows you to access the Connected Services described earlier.

In this fully activated state, your modem will be transmitting certain Connected Vehicle data (as described in Section 2.2) to Ford’s servers and cloud service providers in order to provide some of the Connected Services, such as transmitting real-time traffic information.

Your vehicle will continue transmitting to and receiving data from Ford even if:

• You disable ’Location Services’;
• Some but not all users with a FordPass App account associated with a VIN have removed the VIN from their FordPass App;
• You uninstall the FordPass App.

You can turn off ‘Connectivity’ via the in-vehicle SYNC system, in the Settings menu and therefore, the sending of data from your vehicle’s modem and Connected Services will cease.

1.3.4. How to identify if a Connected Vehicle is transmitting data

In Connected Vehicles icons displayed on the SYNC screen indicate that Connected Vehicle data is being transmitted by the vehicle. These appear as:

 shows that the modem is activated and that Connected Vehicle data excluding location is being transmitted.

 shows that the vehicle’s location is being transmitted.

 shows the modem is activated, and that both Connected Vehicle data and the vehicle’s location are being transmitted.

1.3.5. How to control the data that is sent from a Connected Vehicle

You can change the data you send from your Connected Vehicle’s modem or de-activate the modem via the SYNC system in your vehicle. In SYNC, select Settings, select Connectivity, and choose the options that are right for you.

1.3.6. Sharing your Connected Vehicle, or driving a shared vehicle

You can choose to share access to your Connected Vehicle to other users by authorising them in FordPass. This offers ultimate flexibility, particularly in a household setting where multiple members use the same vehicle. However, it is important to understand how the data moves in this situation.

In summary, if you are driving a Connected Vehicle, with a FordPass App account connected to it, the user(s) of the FordPass App may, depending on the connectivity settings selected in the vehicle, have access to:

• the vehicle's location;
• services which allow the vehicle to be remotely started, locked and unlocked;
• services which show information about the vehicle's status (for example, its fuel level);
• for electric vehicles, services which show information about planned routes; and
• notifications such as service reminders or useful tips.

More than one FordPass App account can be connected to a single vehicle. If you are driving a vehicle with more than one FordPass App account connected to it, depending on the connectivity settings selected in the vehicle, the user(s) of each account will have access to the information and services outlined above.

If you choose to connect your FordPass App account to a vehicle which has already been connected to another FordPass App account, your name and the fact that you have requested this connection will be shared, via the FordPass App, with user(s) who connected to the vehicle before you. This user or users will be given the opportunity to allow or refuse your connection to the vehicle.

In detail, FordPass allows a customer to authorise other users to access their vehicle. The rules for this are:

• Initially, the first user must authorise their own access via the vehicle’s SYNC infotainment system. This means that the first user must have physical access to the vehicle to complete this authorisation step.
• The first user can then allow others access to their vehicle via the FordPass App. After the first user is ‘linked’ to the vehicle, any users added after can be done solely via the FordPass App and physical access to the vehicle is not required to add users.
• For a second user to be added to the vehicle, the second user adds the VIN in their FordPass App account and requests access. This directs a notification to the first user requesting in-app approval.
• Once approved, the second user now has same access and privileges as the first user, allowing a second user to authorise a third user and so on.
• Every time, a new user requests access to the vehicle, all existing users receive a notification (request for approval) in the FordPass App. Any user can approve the new user request.
• The maximum number of authorised users to one connected vehicle VIN is ten (including the first user).
• All Users will see requests for access in their account inbox, as well as see a list of current authorised users associated with a given Connected Vehicle VIN under the vehicle tab.
• The only way to delete users is to perform a Reset in your vehicle’s SYNC system. A Reset will delete all users and an in-app notification will be sent to all users removing access to that vehicle (as described below).

If you share your Connected Vehicle with others, please tell them about your connectivity settings. For example, let them know where they can find the information needed to turn off location and other data sharing in the Settings menu in SYNC. You are responsible for ensuring that anyone you share your vehicle with is aware of the connectivity settings and consents to our collection and use of data when they are using your vehicle.

Your vehicle may tell a new driver that it is sharing data via pop-up notifications in-vehicle to alert drivers of data sharing settings. Drivers without a mobile device or with an unrecognised mobile device will see a pop-up displayed in-vehicle alerting them to the current vehicle data or location sharing settings. A mobile device is “recognised” if it has been paired with the SYNC system. This way if someone is new to your vehicle, or not driving it enough to pair their mobile device, the vehicle will notify them of its current connectivity settings.

So don’t forget, when putting back your seat position or adjusting your mirrors, you might also need to check your connectivity settings. Please note that disconnecting the vehicle, or changing data sharing settings, may impact the availability of certain Connected Services.

1.3.7. The importance of Reset

There are two types of Reset which may display in your Connected Vehicle.

Because your vehicle’s SYNC system will store your connectivity preferences and any data you import, like your address book, and may have associated FordPass App accounts, please perform a Master Reset if you ever sell your vehicle or buy a used vehicle equipped with a FordPass Connect modem. This is much like wiping your mobile phone memory when you upgrade to a new device.

• FordPass Connect Modem Reset Instructions
  


A FordPass Connect modem reset will reset the modem settings to the factory default. It will delete all authorised users, removing access to the vehicle via any linked FordPass account.

All other SYNC settings, such as paired devices, phone book, and stored addresses will be retained.

To perform: In SYNC, select Settings, select General, select Reset, and select FordPass Connect Reset.

• Master Reset Instructions
  


A Master Reset will reset both SYNC and modem to factory settings.

For the modem, this means returning it to the factory default. This will delete all authorised users, removing access to the Connected Vehicle via any linked FordPass account.

For the SYNC system, this means erasing all mobile phone and navigation data imported from all mobile devices that had been previously linked to your vehicle via Bluetooth. It also includes the deletion of addresses entered manually into the SYNC navigation system.

Completing this process is particularly important if you are not the first owner or if you are selling your vehicle.

To perform: In SYNC, select Settings, select General, select Reset, and select Master Reset.

1.4. Term

This agreement will continue until it is terminated by you or us. You may terminate this agreement at any time for any reason by uninstalling the FordPass App.

We may terminate this agreement, or suspend temporarily part or all of your access to the FordPass App features at any time (acting reasonably) by written notice (including by email to your current registered email address) for reasons including (but not limited to) the following:

• you commit a serious or persistent breach of a term which you fail to remedy (if remediable) within 5 days after the service of written notice requiring you to do so;
• circumstances arise where (in our reasonable opinion) such action will mitigate an identified risk or prevent FordPass from being used for unlawful purposes or otherwise abused, manipulated or otherwise undermined by you or through your FordPass account; or
• where we decide to no longer offer some or all of the Services through FordPass.

Without limiting the above, we may suspend your access to FordPass or your FordPass account on an emergency basis without notice to you if we reasonably believe that there is a risk of fraud a security breach or unusual activity, and if we reasonably believe that suspension of your access is reasonably necessary to investigate and address this risk.

1.5. Vehicle Safety

WARNING: Driving while distracted can result in loss of vehicle control, crash and injury. Do not access or use FordPass on a hand-held device while driving. Please note that the use of a hand-held device while driving is prohibited under road traffic laws and regulations. FordPass may send messages or push notifications to your hand-held device. Do not read messages on hand-held devices while driving. Make sure you comply with all applicable laws and regulations that relate to the use of electronic devices while driving.

1.6. Integration with other Ford services / third party services

FordPass may integrate with, or contain links to other apps, websites or services (each, an Additional Service). Additional Services may be subject to additional terms that may be presented in connection with their use, and by using an Additional Service, you agree to the applicable terms and conditions. Some Additional Services may be operated by Ford or its related entities; others are not owned or controlled by us, including but not limited to links to websites for our dealers (Third Party Service). We have no control over and, to the fullest extent permitted by applicable law, assume no responsibility for, the content, privacy policies, or practices of any Third Party Service. In addition, we will not and cannot censor or edit the content of any Third Party Service. When using a Third Party Service, you may leave the FordPass platform. We will indicate when you are leaving the FordPass platform. We encourage you to read the terms and conditions and privacy policy of each Third Party Service that you use.

FordPass may use data from third party sources, such as maps and directions, to provide you with services. This data and other information may not always be accurate. We are not responsible for any data provided by third parties or your reliance upon the same.

FordPass may contain, or rely in part on, certain free, shared, or public library software (“Open Source Software”). Please refer to the posted Open Source Software acknowledgements located at http://corporate.ford.com/ford-open-source.html for more information on any obligations or restrictions that may apply to the use of Open Source Software.

1.7. Limited Licences

FordPass (including all software, content and data) is owned by us or used under licence. FordPass is protected by worldwide copyright, trademark, patent, trade secret, and other proprietary rights, whether or not a copyright notice or other proprietary mark is present. You agree to comply with all laws (including intellectual property laws) in your use of FordPass, including all laws that prevent unauthorised copying. Except as expressly provided herein, we do not grant you any express or implied proprietary rights or licence to FordPass.

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, limited right to access, view, use, display and listen to FordPass for your personal, non-commercial use only.

Any right or authorisation granted to you by us is also subject to the following restrictions, which apply to the fullest extent permitted by law:

• you must not, nor allow third parties to, create derivative works, use any data mining, robots, or similar data gathering and extraction tools on FordPass, create a database, systematically download, store any or all of the materials from FordPass or websites, link or frame any portion of FordPass, extract, derive or attempt to extract or derive any source code or structure of all or any portion of FordPass by reverse engineering, disassembly, decompilation or any other means;
• you must not use FordPass in any manner that is unlawful, abusive, defamatory, deceptive, or invasive of another’s privacy, nor may you abuse anyone on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
• you must not use FordPass with other content or in a manner that impersonates any person, business or entity, including us; and
• you must not interfere, try to interfere, disrupt, or try to disrupt our servers or networks, or disobey any of our network access or security requirements.

1.8. Trademark Notice

The Ford name, and all trademarks and logos displayed on FordPass are owned or used under licence by us. The unauthorised use of any trademark displayed on FordPass is prohibited.

1.9. Liability

To the extent permitted by law, including under the Consumer Guarantees Act 1993, we exclude all liability for any death or injury of any person or any loss, damage or destruction of any property, whether the loss, damage or destruction is direct, indirect or consequential loss arising from, or in connection with, in any way, directly or indirectly, the services provided through FordPass, other than to the extent directly caused or contributed to by Ford.

Nothing in these Terms excludes, restricts or modifies or purports to exclude, restrict or modify any statutory consumer rights under any applicable New Zealand law, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986 which cannot be excluded, restricted or modified.

To the full extent permitted by law, our liability for breach of any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by us, (which does not affect any rights arising under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 and all similar or equivalent legislation, rules and regulations, is limited to (at our option):

• in the case of goods, including the FordPass application (to the extent FordPass is considered a good under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or
• in the case of services, supplying the services again or paying the cost of having the services supplied again.

Without limiting or affecting any other provision of this document, to the full extent permitted by applicable law, (and not affecting any rights arising under the Consumer Guarantees Act 1993 and Fair Trading Act 1986) our maximum aggregate liability to you for any loss, damage, liability or expense you incur or claims you make against us under or in connection with this agreement (however arising, including in negligence) is limited to the higher of the amount of fees you have paid to Ford to purchase the FordPass App (if any) or the sum of NZD$100.

Ford will use reasonable skill and care to ensure that FordPass is safe and secure to use and to prevent it from causing damage to your device or any other digital content stored on your device. However Ford cannot guarantee that FordPass will be safe, secure or free from bugs or viruses or other malicious programs.

You must take all reasonable steps to protect the security of your mobile device and vehicle and to ensure that your use of FordPass does not expose you, your mobile device or your vehicle to the risk of viruses, malicious computer code or other forms of interference which may damage your mobile device (and, if applicable, your vehicle). If you suspect that there has been unauthorised access to your FordPass account or there is any other security breach or issue relating to FordPass, you must notify Ford immediately and change your account password.

Ford does not accept liability for any loss or damage which arises from your breach of these terms. Ford is not liable for any Services provided to you by a third party under a separate agreement.

Ford cannot guarantee that FordPass and/or the Services will be available uninterrupted and in a fully operating condition at all times and will not be responsible for any failure or delay in performing our obligations under the Terms if such failure or delay results from any events, circumstances or causes beyond our reasonable control. In these circumstances we will be entitled to a reasonable extension of time for performing our obligations. Ford also maintains the right to modify the App as it wishes. Except as set out elsewhere in these Terms and only to the extent permitted by applicable law, we will not be liable to you in the event that any part of the App or any Services provided by us are unavailable or modified in any way.

You agree to use the App and the Services for your personal use and shall not use either the App or the Services for commercial, business or resale purposes. We are not liable to you for any losses you suffer when using FordPass or the Services other than for personal use.

1.10. Apple iOS App Store

If you obtained the FordPass application from the Apple iOS App Store, you and Ford acknowledge and agree that (to the full extent permitted by applicable law):

• a) this agreement is concluded between you and Ford only, and not with Apple;
• b) Ford, not Apple, is solely responsible for the FordPass application and the content thereof;
• c) without limiting Section 1.6, your licence to use FordPass is limited to use on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that FordPass may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing;
• d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to FordPass, either under this agreement or applicable law;
• e) in the event of any failure of FordPass to conform to any applicable warranty:
  1. you may notify Apple, and Apple will refund you the purchase price for FordPass; and
  2. to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to FordPass, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Ford's sole responsibility (subject to limitations of liability in Section 1.8).
• f) Ford, not Apple, is responsible for addressing any claims of you or any third party relating to FordPass or your possession and/or use of FordPass, including but not limited to:
  1. product liability claims;
  2. any claim that the FordPass software fails to conform to any applicable legal or regulatory requirement; or
  3. claims arising under consumer protection, privacy or similar legislation. Nothing in this agreement has the effect of limiting our liability to you beyond what is permitted by applicable law;
• g) in the event of any third party claim that FordPass or your possession and/or use of FordPass infringes that third party's intellectual property rights, Ford, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim (subject to limitations of liability in Section 1.8);
• h) you represent and warrant that:
  1. you are not located in a country that is subject to a U.S. Government or New Zealand Government embargo, or that has been designated by the U.S. Government or New Zealand Government as a “terrorist supporting” country; and
  2. you are not listed on any U.S. Government or New Zealand Government list of prohibited or restricted parties;
• i) you will comply with any applicable third party terms of agreement when using FordPass;
• j) Apple, and Apple's subsidiaries, are third party beneficiaries of this agreement; and
• k) upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this document against you as a third party beneficiary thereof.

1.11. Severance

If a provision in this agreement is wholly or partly void, illegal or unenforceable, that provision or part must, to that extent, be treated as deleted from this agreement. This does not affect the validity or enforceability of the remainder of the provision or any other provision of this agreement.

1.12. Governing law

The laws of New Zealand from time to time govern these Terms and you agree to the non-exclusive jurisdiction of the courts of New Zealand, and of courts entitled to hear appeals from those courts.

2. FORDPASS PRIVACY POLICY

2.1 Our Privacy Commitment to You

We commit to managing your personal information fairly and in accordance with our privacy policies and the Privacy Principles contained in the Privacy Act 2020. You can find out about our privacy practices more generally at https://www.ford.co.nz/privacy/.

In this FordPass Privacy Policy, “personal information” has the meaning set out in the Privacy Act. Essentially, personal information is information or an opinion about an individual who is reasonably identifiable. This FordPass Privacy Policy will help you understand what personal information we collect from the FordPass App, why we collect it, and what we do with it.

Further, where you connect your FordPass App to a Connected Vehicle, and where connected vehicle data is associated with your VIN and linked to you, Ford will manage this as personal information.

We may change our FordPass Terms and Privacy Policy from time to time at our discretion. This policy is also available in FordPass in your account settings information.

2.2 Information we collect

We collect the following types of information through your use of FordPass or third-party services that integrate with FordPass, which we also may combine with other information we hold about you:

• You provide information about yourself when you download the FordPass App, create an account or use any of the Services offered through the App. The information you provide includes your name and email address and may include your street address, telephone number, and Vehicle Identification Number (VIN).


• Each time you use the FordPass App, it may automatically access from or store to your device technical information including mobile device information, such as software or operating system version, unique device identifiers, IP address, mobile network information and mobile phone number, preference settings and details of your use of the App and the Services that you access. The App may also access motion related information from your mobile device’s accelerometer, gyroscope and compass which is used by the App to determine whether you are driving.


• Depending on the Services you use, we may collect and use precise location information from your mobile device. Where you connect your FordPass App to a Connected Vehicle, location information may also be collected from that vehicle. Location information collected from your mobile device and/or vehicle includes Global Positioning System (GPS) data and location derived from IP address. This information can be used to determine your device or vehicle’s current location, travel direction, and speed. If you have enabled location services on your mobile device, this data may be collected when the App is running in the foreground or background. We may also derive your approximate location from other device data such as Wi-Fi access points, mobile towers, and your IP address, whether location services are on or turned off, through the permission system used by your mobile operating system.


• We collect information about how you use FordPass or third-party services that integrate with FordPass, such as when and for how long you use features and when you contact us, a record of your communication.


• We use tracking technologies that collect information about how FordPass is used and how it is performing including if it crashes, and which may be able to be connected across devices and over time. These may include cookies (small files that are stored on your device), pixels or web beacons (small pieces of code placed on web pages and content that communicate when the page or content has been viewed), log data (logs created that include IP address, date and time of activity, and the website or location that referred you to FordPass), or third-party analytics tools, such as Adobe Analytics and DynaTrace). Some of these technologies can be limited or deactivated through your browser or device settings, but some cannot. FordPass does not respond to “Do-Not-Track” requests. This does not otherwise limit your ability to use existing functionality of your browser, mobile device or social media accounts to opt-out of Interest-Based Advertising (see Section 2.9 below for further details).


• Where you connect your FordPass App to a Connected Vehicle, based on the level of connectivity you choose for your vehicle and the Connected Services you use, we may collect and use all or some of the connected vehicle data described below.

In addition to the types of information identified above, Ford may collect personal information as otherwise permitted or required by law.

2.3 How we use information we collect

We may use or disclose your personal information:

• for the purposes for which we collected it (and related purposes which would be reasonably expected by you);
• for other purposes to which you have consented; and
• as otherwise permitted or required by law.

In general, we collect, use and disclose your personal information so that we can do business with you and for purposes connected with our business operations. We use the personal information we collect about you through the FordPass App and from the vehicle(s) that you connect to it to provide you with the services, including those described above.

Some of the specific purposes for which we collect, use and disclose personal information are:

• to create and administer your Ford account;
• to provide you with App functionality and services;
• to allow you to control certain vehicle features and to provide you with Connected Services;
• to fulfil your requests and deal with your enquiries;
• to personalise your experience and the communications you receive, such as vehicle ownership and servicing related in-app messages which may contain content promoting Ford or relevant Ford Dealer products or services;
• to manage and improve our business and our relationship with you;
• to assess the quality of the services we and our dealers provide, and the services our suppliers provide to us or on our behalf;
• to provide over-the-air updates to your vehicle;
• for troubleshooting purposes;
• to carry out remote diagnostics activities;
• to predict which Ford products or services could be of interest to you;
• to conduct research and develop new and improved products, services, and business and marketing strategies;
• to comply with legal requirements or requests from public authorities; and
• to detect, prevent, or otherwise address fraud, security, safety, or privacy issues.

As stated above, in-app messages are provided as part of the integral FordPass App service. By creating an account and accepting these terms you agree to receive these in-app messages. If you do not want these, your only recourse is to uninstall the FordPass App and stop using it.

We may also use and disclose your personal information for the purpose of direct marketing to you where you have consented to us doing so, or it is otherwise permitted by law. Direct marketing involves communicating directly with you for the purpose of promoting goods or services to you. Direct marketing can be delivered by a range of methods including, email and SMS. You can unsubscribe from our direct marketing, by contacting us.

We also like to make sure the communications we send you and our interactions with you are as relevant to you as possible. As a result, from time to time, we may use information about you collected from public sources (eg online resources) and from third parties (such as our service providers, like web hosting providers, analytics providers, or advertising services) to help us determine what Ford products and services you might be interested in. For example, analytics providers and advertising services may analyse the information they collect from online and other sources to provide us with information about your demographics and interests – such as inferences about your age range and the types of products or services that may interest you. We may then send you information about those products and services in accordance with your contact preferences.

2.5 To whom do we disclose personal information

We may disclose your personal information obtained through the App and from the vehicle(s) you connect to it in connection with the purposes described in this Privacy Policy.

This may include disclosing your personal information to:

• all FordPass App account holders who are linked to the same Connected Vehicle as you. Your FordPass App account name and the fact that you have requested this connection will be shared, via the FordPass App, with user(s) who linked to the Connected Vehicle before you for the purpose of allowing an existing user to accept or refuse your request;
• our related companies;
• companies or other organisations that we have engaged to provide services to us or on our behalf such as roadside assistance providers, Software as a Service providers and web-hosting companies;
• companies or other organisations where you have asked us to or agreed that we may share your personal information with them;
• Ford dealers and our partners where this is necessary to provide you with a product or service, including, for example, our telecommunications network providers;
• our FordPass partners and other third-party services that integrate with FordPass. For example, if you use the navigation and traffic functionality on a vehicle connected to the App, we share the vehicle’s location, direction and speed in pseudonymous form with our third party real-time traffic information providers.
• companies who may use your personal information in order to tailor electronic advertising to you (e.g. on a webpage) in relation to our products and services;
• our professional advisers;
• any law enforcement agency, court, regulator, government authority or other third party where we believe sharing the Connected Vehicle data is necessary for us to comply with our legal or regulatory obligations, or otherwise to protect our rights, the rights of any third party or any individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues; and
• any third party that purchases, or to which we transfer, all or substantially all of our assets and/or business.

When we share your personal information with third parties, we will do so only in the circumstances outlined above, or in a manner otherwise consistent with the Privacy Principles under the Privacy Act.

Your personal information will not be sold by Ford to any other organisation for that organisation's unrelated independent use. If you have opted in to receive marketing materials from Ford, we may share anonymised “hashed” data with social media advertising partners, such as Facebook, so that they can create Custom Audiences and deliver advertisements on our behalf to their members. Members are identifiable when the social media partner matches our anonymised data to its anonymised data of its users.

3. FORD CONTACT DETAILS

If you have any questions, comments or complaints about FordPass functionality or how we handle your personal information, you may contact us as follows:



Email
FordPass Guides: guidesnz@ford.com
Ford Customer Relationship Centre: nzinfo@ford.com



Phone
FordPass Guides: 0800 FRDPAS (0800 373727)
Ford Customer Relationship Centre: 0800 FORD NZ (0800 367369)
Monday - Friday 8am to 6pm



Mail
Ford Motor Company of New Zealand Ltd
86 Highbrook Drive,
Private Bag 76-912,
Manukau City,
New Zealand.