INFORMATION REGARDING THE PROCESSING OF E-LINK REGISTRATION AND DEVICE USAGE DATA

This smartphone and tablet app is provided by Taconova Group AG (hereinafter referred to as the “Company” or “Owner”) and allows the user (the “User”), by connecting to the device, to receive information (e.g. usage time, number of cycles, total energy consumption) regarding the properties and operation of the pumps produced by the Company, which have been installed in the end user’s system. In order to function, the app needs to store on remote servers information provided by you when you register. This includes personal data. If you do not want this information to be stored on remote servers, please refrain from installing the app.

In accordance with the applicable data protection provisions and in particular the European General Data Protection Regulation (GDPR), we will hereby inform you about which data we process and for which purposes, which data we transfer to third parties and what your rights are. Unless provided otherwise herein, the terminology used in the GDPR shall apply.

⇒ In addition, the general data protection notice pursuant to the EU General Data Protection Regulation (GDPR) shall apply to customers and suppliers.

1. Controller

(1) Joint controllers for data protection purposes within the meaning of Article 4(7) GDPR are

Taconova Group AG

Neunbrunnenstrasse 40
CH-8050 Zürich

Tel. +41 (0)44 735 55 55
group@cluttertaconova.com

Taconova GmbH

Rudolf-Diesel-Strasse 8
DE-78224 Singen

Tel. +49 7731 98 28 80
deutschland@cluttertaconova.com

(hereinafter also referred as “we” or “us” for short). For further details please refer to the site notice at: https://www.taconova.com/en/site-notice/.

(2) Taconova GmbH is the EU representative as per Article 27 GDPR of Taconova Group AG, Neunbrunnenstrasse 40, 8050 Zurich, Switzerland.

2. Types of processed data, categories of data subjects

(1) The app collects and processes the following types of data:

Registration data (company name, first name and surname of the registered person, country, email address, PIN)

Analysis and reporting (company name, first name and surname of the registered person, country, email address, type of pump, serial number of pump, pump settings, error notes, pump installation address, pump installation GPS coordinates, optionally photograph of the installation and email address for the report)

(2) Categories of data subjects

Registered Users of the app

Customers, suppliers and specialist trade partners

Persons shown on photographs uploaded by the User

3. Purpose Your personal data is processed by the Company for the following purposes:

a) to provide technical support strictly in order to ensure the proper functionality of the app;

b) to send commercial messages regarding products and services of the Owner and/or companies in the Taconova Group of which the Owner is a member, including by email, SMS, fax or similar and/or by way of postal services or telephone calls with the operator;

c) to create profiles in order to carry out the activities listed in clause 3.b);

d) the transmission and/or transfer of data to third parties – including companies within the Group of which the Owner is a member, which are involved in the field of manufacturing boilers and fluid-dynamic devices, in order to use these to send commercial messages about its products and services.

4. Legal basis The legal basis of the processing of personal data by the Company with regard to the purposes listed in clause 3.b) and c) is the consent given by you (Article 6(1)(a) GDPR). The legal basis of the processing of personal data in the context of technical support is Article 6(1)(b) GDPR (the processing is necessary for the performance of a contract). The legal basis for the processing of the data listed in clause 3.d) are the legitimate interests of the Taconova Group and third party manufacturers (Article 6(1)(f) GDPR).

5. Geolocation In order to complete the reporting and the access information about the installed pumps, Users can activate the geolocation function of their smartphone or tablet, or manually insert the address of the accesses that have occurred. In the former case, Users can deactivate the geolocation services by accessing the appropriate “permissions” section regarding the location of their operating system. The Company processes the data regarding the geographical location of the smartphone or tablet only for the purpose of enabling Users to make such report, to delete the relevant information or to anonymise it in any case in order to finalise the report.

6. Procedure and duration of the data storage, deletion The Company processes your personal data by way of manual and electronic measures, including by entering and organising them in databases.

We process and store your personal data for as long as this is necessary to meet our contractual and statutory obligations. We will delete your personal data as soon as it is no longer required for the purposes set out in clause 3 above.

7. Ways in which the data is provided The provision of your personal data for the purposes set out in clause 3.a) is voluntary but necessary in order to register with the app and use its functionalities; accordingly, if this data is not provided it is impossible to register with the app and use its functionalities. The provision of data for the purposes set out in clause 3.b), c) and d) is voluntary and the failure to provide the personal data in question and/or the failure to consent to its processing makes it impossible for the Company to carry out the activities set out in the information.

8. Data processing by third parties During their normal operation, the computer systems and software processes used in the operation of the app (Apple Store, Google Play) collect some data about the User whose transfer is implicitly attributable to the use of internet communication protocols of the smartphones and tablets used. The Company is not involved in such processing by third party providers. We therefore recommend that you also consider the data protection policies provided on those platforms.

9. Communication and distribution With regard to the aforementioned purposes and within the limits relevant in that regard, your personal data may be brought to the attention or provided to natural or legal persons used by the Company in order to ensure the operation of the app or in order to allow you to take advantage of the services offered (“persons authorised to process data”).

If the persons authorised to process data on our behalf, we have entered into agreements regarding commissioned data processing in accordance with Article 28 GDPR. The data may be passed on to Group companies of which the controllers are members. The legal basis for the exchange of information within the Taconova Group is Article 6(1)(f) GDPR.

10. Data transfers to third countries The data will be processed by the controllers within Switzerland. The legal basis is Article 45 GDPR (on the basis of an adequacy decision made by the EU Commission). In addition, the controllers are authorised pursuant to Article 46(2)(c) GDPR (EU standard data protection clauses) to transmit the data to the parent company which is domiciled in the USA.

11. Automated decision making

No automated decision making takes place.

12. Rights of the data subject

You have the following rights against us in our capacity as data controller. In the event that you wish to exercise your rights or require further information, please get in touch with us:

a)    Rights under Article 15 et seq. GDPR

The data subject has the right to request confirmation from the controller as to whether or not personal data concerning him or her is being processed. If this is the case, the data subject has a right of access to this personal data and to the information listed in detail in Article 15 GDPR. Provided certain statutory conditions are met, you have a right to rectification pursuant to Article 16 GDPR, the right to restriction of processing pursuant to Article 18 GDPR and the right to erasure (“right to be forgotten”) pursuant to Article 17 GDPR. Moreover, you have the right to receive the personal data provided by you in a structured, commonly used and machine-readable format (right to data portability) pursuant to Article 20 GDPR if the processing is carried out by automated means and is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) GDPR.

b)    Withdrawal of consent pursuant to Article 7(3) GDPR

Where processing is based on consent, you may withdraw your consent to the processing of personal data at any time by notifying us. Please note that such withdrawal is only effective for the future and not retrospectively. Any processing that has taken place prior to the withdrawal is not affected by this.

c)    Right to lodge a complaint

You have the opportunity to lodge a complaint with us or with a supervisory authority (Article 77 GDPR). The supervisory authority responsible for the EU representative in the German state of Baden-Wuerttemberg is: the Landesbeauftragter für den Datenschutz und die Informationsfreiheit, PO Box 10 29 32, 70025 Stuttgart, Germany, tel.: +49 711/615541-0, fax: +49 711/615541-15, email: poststelle@lfdi.bwl.de.

d)    Right to object pursuant to Article 21 GDPR

In addition to the aforementioned rights, you have a right to object, as follows:

Right to object in a particular situation

You have the right to object, at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Article 6(1)(e) GDPR (processing of data in the public interest) and Article 6(1)(f) GDPR (data processing based on a weighing up of interests); this also applies to any profiling within the meaning of Article 4(4) GDPR that is based on those provisions. If you lodge an objection, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or if the data is processed for reasons of asserting, exercising or defending against legal claims.

Right to object to the processing of data for marketing purposes

In some cases we process your personal data for direct marketing purposes. You have the right to object at any time to the processing of personal data concerning you for such marketing; this also applies to profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, your personal data will no longer be processed for such purposes.

13. Security

(1) We have taken technical and organisational security measures pursuant to Articles 24, 32 GDPR in order to protect your personal data against loss, destruction, manipulation and unauthorised access. All our employees and all third parties involved in the processing of data have been placed under an obligation to comply with the requirements of the GDPR and the confidential treatment of personal data.

(2) SSL or TLS encryption: For reasons of security and in order to protect the transfer of confidential content, for instance any order or requests you send to us in our capacity as the site operator, this Website uses SSL or TLS encryption. You can ascertain whether a connection is encrypted by checking whether the address bar of the browser has changed from “http://” to “https://” and whether there is a padlock icon in the address bar of the browser. If SSL or TLS encryption has been enabled, any data you transmit to us cannot be read by third parties.

14. Changes to our data protection provisions

We reserve the right to make changes to our security and data protection measures where this is required due to technical developments or changes in the law. In these cases we will also amend our Privacy Policy accordingly. Please therefore always refer to the most recent version of our Privacy Policy.