These Terms of Use govern the use of the Vehicle Data System (hereinafter referred to as "Portal" or "VEDAS") of Volkswagen AG, Berliner Ring 2, 38440 Wolfsburg, registered in the Commercial Register of the Braunschweig District Court under the number HRB 100484 (hereinafter referred to as "Volkswagen AG")with regard to inquiries from law enforcement authorities. The use of the portal for inquiries from law enforcement authorities is only in accordance with and within the framework of the following provisions.
Insofar as personal data is collected and processed, this is done exclusively within the framework of the
Authorized users and access authorization
Authorized government employees (hereinafter referred to as "Users") are authorized to use the property.
The use of the portal for government employees is protected by log-in and is only possible with the One Business ID user account. Separate terms of use apply to One Business ID.
The access authorization for the portal is non-transferable. The user may not forward his access data to other third parties or make them accessible to them.
Volkswagen AG is entitled to revoke the user's access authorization. This is especially the case if the user violates these Terms of Use. With the withdrawal of the access authorization, the user may no longer use the portal.
Functions and purpose of the portal
VEDAS is a module-based web portal that gives police authorities access to dedicated vehicle data as well as inventory and usage data from mobile online services.
The portal serves the purpose of requesting requests for data in accordance with No. 2.1 in the context of the prosecution of criminal offences or the prevention of danger at the Volkswagen Group and to obtain relevant information. The use of the portal for any other, in particular private, purpose is excluded.
Right of use and obligations of conduct of the user
The User is granted the non-exclusive, non-transferable and non-sublicensable right to use the Portal or parts thereof in accordance with these Terms of Use.
The user undertakes to use only the query formats offered in VEDAS and to comply with the substantive duty of review incumbent on his authority (cf. §§ 22 para. 2 sentence 5, 24 para. 2 sentence 5 TDDDG).
In particular, he takes into account that inquiries in the module "IMEI/IMSI" must meet the legal requirements of § 100j StPO in conjunction with § 22 TDDDG and in the module "Inventory and usage data" the requirements of §§ 100j StPO in conjunction with §§ 22 TTDSG or § 100k StPO in conjunction with § 24 TDDDG, depending on the type of query.
For inquiries that only require specific data below the requirements of §§ 22 (5) sentence 1, 24 (4) sentence 1 TDDDG ("complete"), information via VEDAS is not possible and therefore inadmissible. Such requests must still be sent to kfz-forensik@volkswagen.de via the manual information process via encrypted e-mail.
Furthermore, the user undertakes to use the prerequisites of the emergency power (checkbox "Imminent danger") only in accordance with the substantive requirements (cf. § 100e para. 1 sentence 2 StPO). If the inquiry is based on a particular urgency and the legal requirements are met (§ 24 para. 2 sentence 3 TDDDG), please activate the checkbox and inform us by telephone (Tel. +49-5361-9-26970) of the facts of the case to enable the examination. Due to legal requirements (§ 24 para. 5 sentence 2 TDDDG), this individual examination of the request must be carried out by a responsible specialist . This only takes place during normal business hours (Mon. - Fri. 9.00 a.m. - 4.00 p.m.; except public holidays in Lower Saxony). The user is aware that he must subsequently upload a court order within 3 working days in the module "Inventory and usage data" when requesting usage data. If this is not done, the data transmission will be suspended (see § 100e para. 1 sentence 3 StPO). Please note that this process is monitored by the system. Subsequent testing and approval takes place in each process. Misuse of the checkbox can lead to consequences under service law.
When using the portal, copyright, name and trademark rights as well as other property rights of Volkswagen AG as well as rights of third parties must be observed. Among other things, the images, music and brands presented by Volkswagen AG such as "Volkswagen" and "Golf" are protected. The accessibility of the portal does not grant any license or other right of use to it. Any improper use of the portal is to be refrained from, in particular:
no security precautions are circumvented,
no facilities are used or applications are executed that could lead to damage to the equipment or to a functional failure, in particular due to changes to the physical or logical structure of the servers or the network of Volkswagen AG or other networks,
parts of the website may not be integrated into other websites, whether private or commercial.
Volkswagen AG does not assume any warranty
Volkswagen AG fulfils its statutory information obligations with the help of the portal. There is no entitlement to the provision of the portal. Volkswagen AG is entitled to comply with its legal obligations to provide information in other ways. In this respect, Volkswagen AG is free at its own discretion at any time and without notice to change the portal or to discontinue its operation in whole or in part. No guarantee can be given for the permanent availability of the portal.
Responsibility of Volkswagen AG, liability
Unless otherwise stipulated in this section, liability shall be governed by the applicable statutory provisions.
Volkswagen AG is not liable for damages and losses arising from the use of the portal that does not comply with these Terms of Use.
Volkswagen AG is not liable for any damage or loss arising from the fact that a third party is given access to the portal.
However, regardless of the legal grounds, Volkswagen AG is liable for damages that (i) are caused intentionally by Volkswagen AG. or caused by gross negligence, (ii) from injury to life, limb or health, (iii) in the event of culpable breach of a material contractual primary obligation or cardinal obligation (an obligation the fulfilment of which makes the proper execution of the contractual relationship possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the compliance of which you may regularly rely), (iv) in the event of non-performance of a guarantee, (v) if a defect has been fraudulently concealed by Volkswagen AG and (vi) in the event of liability under the German Product Liability Act. However, in the event of a breach of a material contractual principal or cardinal obligation that is attributable to simple negligence, Volkswagen AG's liability is limited to the typically foreseeable damage. Further liability of Volkswagen AG is excluded.
The limitations of liability in Sections 5.2 and 5.3 shall not apply if Volkswagen AG is liable on the basis of Section 5.4.
The Volkswagen AG's limitations of liability also apply to damages caused by employees, legal representatives and/or vicarious agents of Volkswagen AG. Insofar as the statutory provisions provide for direct liability of the legal representatives, employees and/or vicarious agents of Volkswagen AG vis-à-vis you, their liability for damages caused solely by negligence is excluded.
Final provisions
Volkswagen AG reserves the right to amend these Terms of Use in a manner that is reasonable for the User and only with effect for the future. The User must accept the current version of the Terms of Use.
The law of the Federal Republic of Germany applies.
The exclusive place of jurisdiction for all claims arising from or in connection with the portal is the court responsible for Volkswagen AG.
Stand: 02.07.2024