Ford Motor Company of Australia Pty Limited
Version date: October 2022
A few important points:
TABLE OF CONTENTS:
1.1.1. FordPass Agreement
1.2.1. Connected Services
1.2.3. Dealer Services
1.2.4. Ford Guides
1.2.5. Roadside Assistance
1.3. Connected Operations
1.3.2. Telecommunications carrier
1.3.3. Fully Activated Vehicle
1.3.7. The importance of Reset
1.5. Vehicle Safety
1.7. Limited Licences
1.8. Trademark Notice
1.10. Apple iOS App Store
1.12. Governing Law
Welcome to FordPass and the world of Ford connectivity.
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.
These Terms govern access to and use of the FordPass App between the individual user of FordPass (you) and Ford Motor Company of Australia Pty Limited ABN 30 004 116 223, Level 1, 600 Victoria Road, Richmond, Victoria (Ford, we, our, us).
Ford Motor Company of Australia Pty Limited ABN 30 004 116 223 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.
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.
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 the 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 (Guides@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.
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:
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.
§ 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. Should a cabin door be ajar when Remote Start is activated, the vehicle will attempt the locking cycle (confirmation of single stage locking), and the Remote Start function will still operate successfully. Always ensure your keys are not in the vehicle when you perform a Remote Start, as it is possible to lock your keys in the vehicle.
§ 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 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 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 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 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 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.
§ 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.
§ 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.
§ 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.
§ 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 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.
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.
The Ford Guides feature allows you to connect with a Guide via phone or email (Guides@ford.com) if you need any support 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.
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 your State AutoClub. 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 a State AutoClub 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 State AutoClub 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).
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.
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.
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 (Telstra, Optus, Vodafone).
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.
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 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.
In Connected Vehicles you will see icons displayed on the SYNC screen which 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.
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.
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:
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:
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.
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.
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.
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.
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:
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 or security breach, and if we reasonably believe that suspension of your access is reasonably necessary to investigate and address this risk.
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.
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.
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:
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.
To the extent permitted by law, including under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)), 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 State or Federal law, including the Competition and Consumer Act 2010 (Cth), 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, including the consumer guarantees set out in the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and all similar or equivalent legislation, rules and regulations, is limited to (at our option):
Without limiting or affecting any other provision of this document, to the full extent permitted by applicable law, 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 AUD$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.
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 1.7, 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 1.9).
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 1.9);
h) you represent and warrant that:
(1) you are not located in a country that is subject to a U.S. Government or Australian Government embargo, or that has been designated by the U.S. Government or Australian Government as a “terrorist supporting” country; and
(2) you are not listed on any U.S. Government or Australian 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.
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.
The laws of Victoria Australia from time to time govern these Terms and you agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those courts.
We commit to managing your personal information fairly and in accordance with our privacy policies and the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Privacy Act). You can find out about our privacy practices more generally at https://www.ford.com.au/privacy/.
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 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:
Category of Connected Vehicle Data
Examples of data
How is it used by Ford?
Vehicle Identification Number (VIN), Electronic Serial Number of your FordPass Connect modem (ESN), SIM serial number (ICCID)
Maintenance data showing status of vehicle systems (e.g. fuel and fluid levels, engine temperature and odometer information).
Diagnostic data (e.g. Diagnostic Trouble Codes (DTCs) and Warning Indicator Light (WILs) when detected).
To provide Connected Services; to better understand and troubleshoot vehicle performance issues; for remote diagnostics purposes; for product research and improvement purposes and for offering products and services tailored to you (such as service reminders).
Driving Data and Analytics
Data on how the vehicle is operated and used (e.g. use of steering, acceleration, seat belt status, operation of internal controls).
To provide Connected Services; to better understand and troubleshoot vehicle performance issues and for product research and improvement purposes.
Precise Location Data
Latitude and longitude of your vehicle collected in real time.
This information can be used to determine your device or vehicle’s current location, travel direction, and speed.
To provide connectivity services (e.g. traffic services); to better understand and troubleshoot performance issues; for remote diagnostics purposes and for product research and improvement purposes.
Connection Status Alerts
Alerts are sent by the modem periodically to stay connected to the telecommunications network. These messages include Vehicle Identification Number (VIN), Electronic Serial Number of your FordPass Connect modem (ESN), SIM serial number (ICCID)
To validate that the FordPass Connect modem is capable of sending and receiving data through the telecommunications network.
Over-the-Air Update Information
Current vehicle software and other technical specifications associated with it.
To ensure your vehicle has all of the necessary software updates.
In addition to the types of information identified above, Ford may collect personal information as otherwise permitted or required by law.
We may use or disclose your personal information:
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 services, including those described above.
Some of the specific purposes for which we collect, use and disclose personal information are:
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 mail, telephone, email, SMS or in-App notifications. You can unsubscribe from our direct marketing, or change your contact preferences, 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.
Generally, you have no obligation to provide any personal information requested by us. However, if you choose to withhold requested personal information, we may not be able to provide you with the products and services that depend on the collection of that information.
To create a FordPass account, you will need to provide your email address, first name and last name. If you do not provide this information, you will not be able to create a FordPass account and will not be able to access or use FordPass.
Certain features of FordPass require us to know your location or collect additional types of data (including personal information), as described in this policy. If we do not collect this additional data, we are unable to provide these services to you. If you choose to use these services, you agree that we may collect and use this data as described in this policy and the notices provided to you within the FordPass App or the Connected Vehicle.
This may include disclosing your personal information to:
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 Australian 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.
The parties to whom we disclose personal information include parties located outside Australia. For example, we disclose personal information to our related companies overseas and to our overseas service providers. The countries in which these third parties are located will depend on the circumstances. Personal information is disclosed to Ford Motor Company (our parent company) in the United States of America. When this occurs, the data is stored in Ford’s data processing and storage locations including Ford servers and third-party cloud infrastructure, all located in the USA. In the ordinary course of business, we commonly disclose personal information to companies in the Ford Motor Company Group located in the USA and in India where our Ford group data and business centres are located, and to our overseas service providers located in the USA.
Except where an exception applies under the Privacy Act, we will take reasonable steps to ensure that recipients of personal information do not breach the Privacy Principles in the Privacy Act in relation to such information.
Certain types of data that are collected and generated through your use of the App are stored internally on your mobile device, while other types of data, including Connected Vehicle data are stored externally on Ford's data processing infrastructure (which is used by Ford to provide certain features of the App).
We keep your personal information in identifiable form for as long as is necessary for the purposes described above, or any other purpose communicated to you.
Ford and its third-party service providers and / or advertising partners use web tracking and storage technology tools such as web beacons, cookies, pixel tags and java code on Ford websites and in emails you have agreed to receive from us to collect or receive information regarding your activities on the site (eg. your IP address, page(s) visited, time of day). The use of such technology is an industry standard and helps monitor the effectiveness of advertising and how visitors use websites. If selected by you, the Ford websites will store your username and password in a cookie to enable you to be automatically logged in when you return.
We, our third-party service providers and / or advertising partners use this technology to generate statistics and measure site activity to improve the usefulness of customer visits.
Each time you access Ford websites, Ford and its third-party service providers and / or advertising partners may deliver certain customised information, including ads, to you based on the data stored in your cookie. Third party advertising partners may show our ads on sites on the Internet and serve these ads based on information they collected about a user’s prior visits to our website and other Internet activity. Ford may also use analytics data supplied by third-party vendors to inform and optimise our advertising campaigns. This practice is commonly referred to as "interest-based advertising".
Opting out of Interest-Based Advertising: You may learn about how to opt-out of this kind of collection and use of information for your browser or device by managing your settings, and for your social media accounts by managing your preferences in your account settings.
Through the FordPass App, we use your mobile device’s unique identifier and tracking and storage technology tools such as cookies, to help provide App functionality, understand how the App is used and personalise your experience.
We endeavour to maintain your personal information as accurately as reasonably possible. We rely on the accuracy of personal information as provided to us both directly (from you) and indirectly (e.g. from a Ford dealer).
We encourage you to contact us to update or correct your personal information if it changes or if the personal information we hold about you is inaccurate.
You may seek access to personal information which Ford holds about you by contacting us as described below. We will provide access to that information in accordance with the Privacy Act, subject to certain exemptions which may apply. We may require that the person requesting access provide suitable identification and where permitted by law we may charge an administration fee for granting access to your personal information.
We will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need. If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner.
If you have any questions, comments or complaints about FordPass functionality or how we handle your personal information, you may contact us as follows:
FordPass Guides: Guides@ford.com
Ford Customer Relationship Centre: email@example.com
FordPass Guides: 1800 806 978
Ford Customer Relationship Centre: 13 FORD (13 3673)
Monday - Friday 8am to 6pm
Ford Motor Company of Australia
Customer Relationship Centre
Private Mail Bag 5
Campbellfield, Victoria, 3061