Privacy Policy
As at: 01/2023
We are pleased to inform you about the processing of your personal information in this Privacy Policy. Below, you will find information on how we process your personal information, the reasons why we process your personal information, and the data subject rights you have in this regard.
If you would like further information that you do not find in this Privacy Policy, you can contact us and our Data Protection Officer at any time via the contact details stated under section 2 in this Privacy Policy.
CONTENTS
This Privacy Policy is divided into the following topics:
2 RESPONSIBILITY AND DATA PROTECTION OFFICER
3 GENERAL INFORMATION ON THE PROCESSING OF YOUR PERSONAL INFORMATION
4 SAFEGUARDING PERSONAL INFORMATION
5 Processing your personal information in the case of the STIHL MY iMOW® Applications
7 RECIPIENTS OF YOUR PERSONAL INFORMATION
8 TRANSMISSION OF YOUR PERSONAL INFORMATION TO COUNTRIES OUTSIDE OF YOUR JURISDICTION OF RESIDENCE
9 YOUR RIGHTS AND ASSERTING THEM
10 AMENDMENTS TO THIS PRIVACY POLICY
In this Privacy Policy, we inform you about the processing of your personal information in connection with the STIHL MY iMOW® App and the browser-based application for the use of your iMOW® robot mower ("STIHL MY iMOW® Web App") together also referred to as "STIHL MY iMOW® Applications".
You can use a limited range of functions of the STIHL MY iMOW® Applications without logging into the STIHL MY iMOW® Applications. To log into the STIHL MY iMOW® Applications you need a STIHL Account for the STIHL Digital Platform. Information on the processing of your personal information in connection with the STIHL Digital Platform and your STIHL Account can be found in the Privacy Policy for the STIHL Digital Platform and STIHL Solutions.
In this Privacy Policy, we inform you according to the requirements of the privacy and data protection laws and regulations applicable in your province or territory of residence (including, without limitation, the federal Personal Information Protection and Electronic Documents Act, (SC 2000, c. 5), the Quebec Act respecting the protection of personal information in the private sector (CQLR c. P-39.1), the Alberta Personal Information Protection Act (SA 2003, c. P-6.5), and the British Columbia Personal Information Protection Act (SBC 2003, c. 63))..
We will inform you about the processing of your personal information relating to the web addresses (Uniform Resource Locator, "URL") you access. Should you access the STIHL MY iMOW® Applications via a URL that is intended to serve a different jurisdiction and its legal requirements (i.e. you, as an example, instead of accessing the STIHL URL ending in “co.ca”, access a STIHL URL ending in “.de”) you may end up not being informed in accordance with applicable local legal requirements. For data protection reasons, we do not determine your place of residence ("localisation") to determine the law applicable to you.
The following is responsible for the processing of your personal information in connection with the STIHL MY iMOW® Applications, subject to any deviating information in this Privacy Policy:
STIHL Tirol GmbH ("STIHL Tirol", "we")
Address: Hans-Peter-Stihl-Str. A-6336 Langkampfen/Kufstein, Austria
Email: datenschutzinfo@stihl.at
Regional Court of Innsbruck under FN 46276 d, VAT identification number ATU32234908
We, with other companies that make up the STIHL Group, are jointly responsible for certain processing operations relating to your personal information. Further information on these processing operations subject to this joint responsibility, and the STIHL companies and our partners involved in the processing, can be found below in this Privacy Policy. If the processing of your personal information is carried out and there is a joint responsibility, an agreement on such joint processing has been concluded between the STIHL company or our partners involved in the processing.
For a list of STIHL Group companies and how we refer to them in this Privacy Policy, see Section 6.
Please note that we can also cooperate with companies of the STIHL Group and companies outside the STIHL Group within the context of a separate responsibility and by way of contract data processing.
The Data Protection Officer of STIHL Tirol can be reached by post at the address of STIHL Tirol, addressed to "zu Hd. Abteilung Datenschutz" or email to datenschutzinfo@stihl.at, if you have questions or complaints about this Privacy Policy or our personal information practices.
In the case of processing personal data in join controllership, please also contact the Data Protection Officer at the above contact details.
When we use the term “personal information” in this Privacy Policy, we mean all information that relates to you and allows you to be identified directly or indirectly.
Personal information includes, for example, your name, email address or postal address. However, your personal information also includes all data that is linked to you or that relates to you, such as data that will be processed when you use the Solutions. We refer to data that does not relate to you as anonymous data. The data protection regulations and this Privacy Policy do not apply to such data.
For example, by processing your personal information, we mean collecting, storing, or erasing your data.
We process your personal information only if we can base the processing on a legal basis or if such is lawful in accordance with the applicable data protection regulations, i.e. that the processing is permissible within the scope of the law. We will only process your personal information when you have given us your clear consent to the processing of your personal information for one or more specific purposes, unless one or more exceptions apply under applicable law which allow us to process personal information without your consent.
Further information on the processing we undertake and the relevant lawful basis on which we process your personal information, can be found below in this Privacy Policy.
We process the personal information that you provide us, that we collect with your consent, or that we receive from third parties. In principle, you are not obligated to provide us with your personal information. However, the disclosure of certain personal information may be necessary to enable us to offer you the STIHL STIHL MY iMOW® Applications.
Personal information you provide to us
We process the information you provide to us. For example, you can call us or contact us otherwise and provide us with certain information in this way. You can provide us with further information when you make certain settings or configure a Solution according to your needs. We collect and process this information to enable you to use the STIHL MY iMOW® Applications. If you do not provide us with certain information, the use or functionality of the STIHL MY iMOW® Applications may be excluded or impaired.
Personal information we collect
To the extent permitted by applicable law, and, when required, with your consent, we may collect certain information and process it when you use the STIHL STIHL MY iMOW® Applications. This includes, for example, data such as your IP address, certain login data and data that will be processed so that we can technically provide you with the STIHL STIHL MY iMOW® Applications.
Personal information we receive from third parties
In some cases, we do not receive information directly from you. This may be the case, for example, if information about you is provided to us by third parties. We work with companies that provide services to us and who in turn provide us with information about you. These include, for example, payment service providers or providers of what are known as app stores through which you can purchase our Solutions.
Limits on Collection and Processing Personal Information
We will not collect personal information indiscriminately but will limit collection of personal information to that which is reasonable and necessary, as set out in this Privacy Policy. We will also collect personal information as required or authorized by law.
We will only use or disclose your personal information for the purposes set out in this Privacy Policy, and as required or authorized by law.
We will take reasonable physical, organizational and electronic security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks with respect to the personal information in our custody or control.
We will take reasonable measures, through contractual or other reasonable means, to ensure that the suppliers and agents who assist in providing services, as described in this Privacy Policy, implement a comparable level of protection.
However, understand that confidentiality and security are not assured when information is transmitted through e-mail, the internet, or other wireless communication.
When accessing our website, the browser used on your device automatically sends information to our website server, which temporarily saves it in a so-called log file.
If you would like to be informed about the cookies used by us on our website, you will find more information here.
Categories of personal information
The following information will be processed when the website is accessed:
· the IP address of the requesting Internet-enabled device;
· the date and time of the access;
· the name and URL of the retrieved file;
· the website/application from which access was gained (referrer URL); and
· the browser you are using and, if applicable, the operating system of your Internet-enabled computer and the name of your access provider.
Purpose
The processing of your personal information serves the following purpose or purposes:
· ensuring a smooth connection;
· ensuring a comfortable use of our website/application; and
· evaluation of system security and stability.
Legal basis
The processing of your personal information is necessary is necessary to enable you to access the website, initiate or execute contracts with us, and to ensure the performance, consistent functionality and security of our website and systems. If you do not consent to the processing of your personal information, we will not be able to provide you with these services.
Controller
Within the context of controlling your iMOW® robot mower, we work with ANDREAS STIHL to be able to provide you with fast and easy control of your iMOW® robot mower. In this respect, we process and are responsible for this data jointly.
Categories of personal information
The following information will be processed when communicating with you:
· settings related to your iMOW® robot mower, such as cutting height, safety functions, rain sensor;
· properties of your mowing application, such as start of mowing, duration of mowing job, if desired - mowing zone, standard mowing time; and
· a mower plan, if any, that you have defined.
Purpose
The processing of your personal information serves the following purpose or purposes:
· the configuration of your iMOW® robot mower; and
· the control of your iMOW® robot mower.
Legal basis
· The processing of your personal information is necessary in order to be able to offer you the functionalities offered in the MY iMOW® Applications, such as the control of your iMOW®. If you do not consent to the processing of your personal information, we will not be able to provide you with these services.
· The processing of your personal data is necessary to assist you in retrieving your iMOW® robotic lawnmower, if you ask us to do so. If you do not consent to the processing of your personal information, we will not be able to provide you with these services.
Categories of personal information
The following information is processed in the process of locating your iMOW® robot mower:
· The current geo-coordinates of the iMOW® robot mower are processed when your iMOW® robot mower is connected to the Internet and you have chosen to activate the relevant function; and
· The "Home Area" of the iMOW® robot mower is processed after the "Home Area" function is activated on the mower.
Purpose
The processing of your personal information serves the following purpose or purposes:
· You have the possibility to display your iMOW® robot mower on a map in your MY iMOW® Applications and locate it so that you are always informed about the location of your iMOW;
· Displaying weather forecasts in the mowing plan of the MY iMOW® applications; and
· By activating the Home Area function, the mower can lock itself when moved outside the area.
Legal basis
· The processing of your personal information is necessary in order to be able to offer you the weather forecast offered in the MY iMOW® App, the location functionality and the device lock. If you do not consent to the processing of your personal information, we will not be able to provide you with these services.
· The processing of your personal information is necessary to assist you in retrieving your iMOW® robotic lawnmower, if you ask us to. If you do not consent to the processing of your personal information, we will not be able to provide you with these services.
You can use and control your iMOW® robot mower via the MY iMOW® App, including various voice control systems. You will find below information about voice control systems and their providers. We also refer to the privacy policies of these providers, in which you will find further information on the processing of your personal information in connection with the use of voice control.
Responsibility for your personal information
If you use one of the voice control systems, the providers of these voice systems may process your personal information, and they will be responsible for such processing in accordance with their privacy policies. This means, among other things, that these providers can process your data for their own purposes.
Categories of personal information
The following information will be processed when communicating with you:
· properties of your mowing application or control of your iMOW® mowing robot, such as starting mowing, duration of mowing jobs, if desired mowing zone, standard mowing time; and
· a mower plan, if any, that you have defined.
Purpose
The processing of your personal information serves the following purpose or purposes:
· Controlling your iMOW® robot mower by voice command and providing or querying the current iMOW® status by voice command.
Legal basis
We base the processing of your personal information by us and the transfer of your personal information to the provider you use on the following legal basis:
· The processing of your personal information is necessary in order to be able to offer you the functionality of voice control offered in the MY iMOW® Applications. If you do not consent to the processing of your personal information, we will not be able to provide you with these services.
· The processing is necessary for ensuring the security and functionality of the voice control function. This means that we will further develop the voice control of the iMOW® robot mower on the basis of your use of voice control.
· For certain processing of your personal information, we will obtain your consent in accordance with applicable law to the extent necessary.
In the context of obtaining your consent, we will inform you about the processing of your personal information on the basis of your consent.
Voice control provider
·
Voice
control via Apple Shortcuts App: Provider is Apple. The privacy policy is
available at
https://www.apple.com/legal/privacy/data/en/shortcuts-sharing/
· Voice control via Amazon Alexa: Provider is Amazon. The privacy policy is available at https://www.amazon.com/gp/help/customer/display.html?nodeId=GVP69FUJ48X9DK8V
·
Voice
control via Google Assistant: Provider is Google. The privacy policy is
available at
https://policies.google.com/privacy
There are various ways to contact us, for example by email, post, telephone, via contact forms or by other means. We will be happy to answer any questions you may have via any of such communication channels. We will generally contact you by email.
Joint responsibility
If you communicate with STIHL Tirol, STIHL Tirol is responsible for the processing of your personal information. If communication with you or processing your request or concern requires the involvement of other STIHL Group companies, we will process your request or concern together with these companies. Depending on the subject-matter of your request or concern, the companies incorporated by STIHL Tirol process your personal information on behalf of STIHL Tirol or as a jointly responsible body with STIHL Tirol.
Categories of personal information
The following information will be processed when communicating with you:
· your contact details such as your telephone number or email address; and
· information relating to your request or concern, such as the subject of your request or our communication with you.
Purpose
The processing of your personal information serves the following purpose or purposes:
· communicating with you if you have questions about the STIHL MY iMOW® Applications or the iMOW® robot mower;
· handling and responding to your enquiries and concerns;
· communicating with you outside of enquiries and concerns, for example for information purposes or for the fulfilment of legal obligations; and
· when we record telephone calls, this is done for quality assurance and training purposes.
Legal basis
· Communication with you is necessary to ensure the security and functionality of the STIHL MY iMOW® Applications or the iMOW® robot mower. This also includes that we develop the STIHL MY iMOW® Applications or the iMOW® robot mower on the basis of your feedback and experience. This may require that we ask for your opinion and assessment.
· For certain processing of your personal information, we will obtain your consent in accordance with applicable law to the extent necessary.
This applies in particular to the recording of telephone calls.
If you have any questions or if you cannot use the STIHL MY iMOW® Applications or the iMOW® robot mower as described by us, our Support is always at your disposal. We will inform and support you if, regardless of your contact with us, we find that you cannot use the STIHL MY iMOW® Applications or the iMOW® robot mower as described by us.
Responsibility for personal information
As part of the support we work with other STIHL Group companies to provide you with quick and easy assistance. STIHL TIROL, ANDREAS STIHL supports us in providing support for the MY iMOW® App or the iMOW® robot mower. Processing operations to improve our support and the MY iMOW® App or the iMOW® robot mower are carried out under joint responsibility with ANDREAS STIHL.
Categories of personal information
The following information will be processed as part of the support:
· your contact details;
· communicating with you, including recordings of telephone conversations with you, if you have given your consent to the recording; and
· data related to the support case and the data required to resolve your support case.
Purpose
The processing of your personal information serves the following purpose or purposes:
· processing your support request;
· if we record the telephone conversations in the context of the support on the basis of your consent, this will be done for quality assurance and training purposes; and
· improving our support.
Legal basis
· Our support and performances as part of the support are required to fulfil the contract for the STIHL MY iMOW® Applications.
· We provide you with certain support performances outside of an existing contractual relationship.
· For certain processing of your personal information, we will obtain your consent in accordance with applicable law to the extent necessary.
This applies in particular to the recording of telephone conversations during support.
We process certain data in order to improve and further develop STIHL MY iMOW® applications or the iMOW® robot mower and other offers and services (or our support). This concerns, in particular, data about the use of STIHL MY iMOW® applications as well as data related to, among other things, the properties, security and quality of our offer.
As far as possible, the data will be pseudonymised or anonymised prior to processing for product development and statistical evaluation. If the data is anonymised (meaning that such data irreversibly no longer allows the person to be identified, directly or indirectly), it is no longer personal information.
Joint responsibility
In the context of product development and statistical analysis, we work together with other companies of the STIHL Group, in particular with ANDREAS STIHL. Any processing of personal information in this context is done on a joint basis with ANDREAS STIHL.
Categories of personal information
The following information is processed in the framework of product development and statistical analysis:
· data on the use of the STIHL MY iMOW® Applications or the iMOW® robot mower;
· data on the properties, security and quality of the STIHL MY iMOW® Applications or the iMOW® robot mower; and
· other information we have, for example, from support requests from you.
Purpose
The processing of your personal information serves the following purpose or purposes:
· improvement and further development of STIHL MY iMOW® Applications or the iMOW® robot mower;
· product development, including artificial intelligence (machine learning);
· market research; and
· ensuring the security and quality of the STIHL MY iMOW® Applications.
Legal basis
We will only process your information as described in this section with your consent, unless your data has been anonymized as set out above.
As long as you use the STIHL STIHL MY iMOW® Applications or until you delete your STIHL Account, we will process your personal information as it is necessary to provide you with the STIHL MY iMOW® Applications you want. The storage period for your personal information depends in particular on which of the features offered by the STIHL MY iMOW® Applications you use.
In addition, the storage period depends on the category of personal information processed and the purpose of the processing. Finally, we take into account legal retention periods, which may obligate us to keep your data for a certain period of time. Accordingly, storage may take place if this is provided for by applicable regulations, laws or other provisions to which we are subject.
In the event of a legal dispute, we will keep the personal information we need for legal defence until the final conclusion of the proceedings.
For more information on the storage period, please contact us via the contact details to be found in this Privacy Policy under section 1.2.
STIHL Tirol shares certain personal data relevant to individual processing operations and taking into account the data protection law requirements with STIHL Group companies, including among others:
· ANDREAS STIHL: ANDREAL STIHL AG & Co. KG GmbH (Badstr. 115, 71336 Waiblingen, Germany, info@stihl.de, District Court of Stuttgart, HRA 260269, VAT ID No. DE 14733096).
In addition to recipients of the STIHL Group, we share your personal information with our partners, in relation to individual processing operations and taking into account the data protection regulations. Our partners include service providers who process your personal information on our behalf and service providers who provide services for us that accompany the processing of your personal information. In connection with the processing of your personal information, we use the following categories of service providers:
· IT Service Providers (Data Hosting Providers);
· Support (Customer Support);
· Lawyers, auditors and tax advisers.
We also pass on your data to the authorities and courts, to the extent required by applicable laws and regulations.
We may disclose your personal information to a third party without your consent if permitted or required by applicable law. We may also disclose your personal information, in accordance with applicable law, in connection with a corporate re-organization, a merger or amalgamation with another entity, or a sale of all or a substantial portion of our assets provided that the disclosed information continues to be used solely for the purposes permitted by this privacy policy by the entity acquiring the information.
It is possible that, in the process of providing our services to you, we may need to transfer your personal information outside of your jurisdiction of residence. Regardless of where your personal information is processed, the highest priority for us is that the level of protection guaranteed by the applicable privacy laws and regulations of your jurisdiction is always ensured. If we pass on personal information to recipients whose systems for processing your personal information or their subcontractors are located outside of your jurisdiction of residence, or if we transfer personal information to recipients outside of your jurisdiction of residence, we will comply with all applicable legal requirements, including, when required, performing all necessary data privacy assessments and having in place written agreements for the protection of personal information with recipient parties.
You can ask us for an overview of the recipients outside your jurisdiction of residence
If you wish to assert your rights as specified below, you can contact us at any time and without any required form via the communication channels specified in this Privacy Policy. By email and on the other communication channels, you can reach STIHL direct and the Data Protection Officer of STIHL direct via the contact details specified under section 2 of this Privacy Policy.
You have the right to request confirmation as to whether or not we hold your personal information, and, if we do, to request in writing access to that information.
We will also give you information about the ways in which your personal information is being used and a description of the recipients to whom that information has been disclosed. We may charge you a reasonable fee for doing so. In some situations, we may not be able to provide access to certain personal information (for example, if disclosure would reveal personal information about another individual, if we are prevented by law from providing access to certain personal information, etc.). If we refuse an access request, we will notify you in writing, document the reasons for refusal, and outline further steps that are available to you.
You have the right to request the rectification of incorrect personal information concerning you without delay. Taking into account the purposes of processing, you have the right to request the completion of incomplete personal information, and if you believe there is a mistake in your personal information, you may ask for it to be corrected. We may ask you to provide documentation that our files are wrong. Where we agree that the information is incorrect, we will correct it and notify anyone to whom we sent this information. If we do not agree that the information is incorrect, we will include in our file a notification that the correction was requested but not made.
We always strive to ensure the accuracy of your personal information. We therefore ask you to notify us immediately of any changes to your personal information (such as changes in address), so that we can ensure that your personal information is up-to-date.
If the legal requirements are met, you may request us to erase your personal information immediately. This shall be the case, in particular, where:
· your personal information will no longer be required for the purposes for which it was collected or otherwise processed;
· the processing of your personal information is based on your consent, you revoke this consent;
· if your personal information has been passed on to third parties and we are obligated to erase your personal information, we will inform these third parties about the erasure, insofar as this is required by law.
We would like to point out that your right to erasure is subject to restrictions. For example, we may not erase any personal information that we have to keep further due to legal requirements. Data that we need in order to assert, exercise or defend legal claims are also excluded from your right to erasure.
If you are a resident of the province of Québec, you may, in certain situations and if the legal requirements are met, require that we stop disseminating your personal information, or that we de-index any hyperlink attached to your name that provides access to your personal information.
You have the right to receive the personal information you have provided us and which we process for the fulfilment of the contract, in a structured, customary and machine-readable format. You also have the right, in the event that the aforementioned conditions are met, that we transmit these data directly to a third party, insofar as this is technically feasible.
If you have given your consent to the processing of your personal information, you can revoke it at any time with effect for the future. The lawfulness of the processing of your personal information up until revocation remains unaffected.
If you consider that the processing of your personal information violates applicable data protection and privacy laws, you may lodge a complaint with a data protection or privacy supervisory authority, in particular the data protection or privacy supervisory authority at your location, place of work or place of alleged infringement.
In this Privacy Policy, we will always keep you fully and completely informed about the processing of your personal information in connection with the STIHL MY iMOW® Applications. This requires that we update this Privacy Policy regularly. We therefore recommend that you consult this Privacy Policy regularly.