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Privacy Policy

IoTree®-App 

 

Preamble

We are very pleased about your interest in our company. Data protection is of a particularly high priority for the PHYSEC GmbH (hereinafter referred to as "we" or "us").
The processing of personal data via the IoTree® app, such as the user name, IP address, or device data of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the PHYSEC GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

This data protection declaration applies to the service of the IoTree® app, hereinafter also referred to as the "app".

 

 

1. Definition of Terms

The data protection declaration of PHYSEC GmbH is based on the terms used by the European Directive and Ordinance when issuing the General Data Protection Regulation (DSGVO). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

We use the following terms, among others, in this privacy policy:

 

a) Personal Data

Personal data is any information relating to an identified or identifiable natural person (hereinafter "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

b) Data Subject

Data subject is any identified or identifiable natural person whose personal data are processed by the controller.

 

c) Processing

Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

 

d) Restriction of Processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

 

e) Profiling

Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person's job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.

 

f) Pseudonymization

Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

 

g) Controller or Responsible Party

The controller or responsible party is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.

 

h) Processor

Processor means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the Controller.

 

i) Recipient

A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients.

 

j) Third Party

Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.

 

k) Consent

Consent shall mean any freely given indication of the data subject's wishes for the specific case in an informed and unambiguous manner in the form of a statement or any other unambiguous affirmative act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.

 

 

2. Name and address of the responsible party

The responsible party within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

 

PHYSEC GmbH
Suttner-Nobel-Allee 7
44803 Bochum
Germany
Tel.: 023754428224
E‑Mail: info@physec.de
Website: https://www.physec.de 

 

 

3. Contact address of the data protection representative

The data protection representative of the controller is:

 

Lukas Wagner LL.M.
HK2 Comtection GmbH
Hausvogteilpatz 11 A
10117 Berlin

E-Mail: wagner@comtection.de

 

Any data subject may contact our data protection representative directly at any time with any questions or suggestions regarding data protection.

 

 

4. Information about the Processing of Your Data

Certain information is automatically processed as soon as you use the app. What personal data of yours is processed is listed below:

 

4.1 Data processed during download and installation of the app.

The download and installation of the app takes place via distribution platforms operated by third parties, so-called app stores (e.g. Google Play and Apple App Store). Certain information will be transmitted to the app store selected by you, in particular this may include username, email address, customer number, time of download, and individual device identification numbers. A prior registration with the respective app store, as well as the installation of the store software may be required by the operator of the selected platform.
The processing of this data takes place outside the sphere of influence of PHYSEC GmbH. The responsible party in this respect is the operator of your selected app store.

 

4.2 Data that is processed automatically.

In the course of using the app, certain data is automatically collected by PHYSEC GmbH. Data that is automatically processed is listed below:

Your IP-Adress, as well as Diagnostic Logs, andDiagnostic Data.

This data is automatically transmitted to us (1) to provide the app and the associated functions; (2) to be able to improve the functionality and performance of the app, as well as to prevent and eliminate malfunctions.

This data processing is necessary for reasons of (1) the fulfillment of the usage or contractual relationship between you as the data subject and us pursuant to Art. 6 para. 1 lit. b) DSGVO; (2) our legitimate interest to provide a market-driven service, as well as all functionalities without errors pursuant to Art. 6 para. 1 lit. f) DSGVO your interest in the protection of personal data predominates.

 

4.3 Use of the app and required permissions

Within the scope of the original use of the app, various information will continue to be processed by us. All processing procedures as well as your required authorizations for the use of the app are listed below:

 

a) Login data

To use the app, a login with the user name and password is required. A registration function is not available in the app; the user name and password are provided to the data subject elsewhere. Within the scope of the registration, the data entered is processed by PHYSEC GmbH (1) in order to be able to determine an authorization to use the app; (2) to be able to verify the authenticity of the data subject.
This data processing is necessary for reasons of fulfillment of the usage or contractual relationship between you as the data subject and us pursuant to Art. 6 para. 1 lit. b) DSGVO.

 

b) Camera

Camera access for scanning QR codes is necessary to be able to process the content of QR codes. The resulting images are only temporarily stored in the working memory and are not saved at any time. The android.permission.CAMERA permission is required for this functionality.
This data processing is necessary for reasons of fulfillment of the usage or contractual relationship between you as the data subject and us pursuant to Art. 6 para. 1 lit. b) DSGVO.

 

c) Network access, network connections and communication

In order to be able to put the wireless meters into operation, provisioning is provided by means of the app described here. This requires (1) an Internet connection to the backend to retrieve provisioning packets; (2) a network scan in the pairing process for meter-side connectivity and connection.
For this reason, the permissions (1) for Internet access android.permission.INTERNET; and (2) for network scan and subsequential connectivity android.permission.BLUETOOTH, BLUETOOTH_ADMIN, BLUETOOTH_SCAN, and BLUETOOTH_CONNECT are required.
These data processing operations are necessary for reasons of fulfillment of the usage or contractual relationship between you as the data subject and us pursuant to Art. 6 (1) lit. b) DSGVO for usage.

In order to be able to perform a network scan in the connection process, authorizations to process location data are necessary, as the position of the data subject could theoretically be determined with the help of a database of known networks. For the protection of the data subject, the permissions are required for network scans, and are requested by PHYSEC GmbH exclusively for the purpose of local display of nearby networks. The permissions are not used to determine or process the location.
For the functionality of the Bluetooth scan the permissions ACCESS_FINE_LOCATION and ACCESS_COARSE_LOCATION are required.

 

d) Device Status

Data about the device status, such as device ID, operating system version and adapter status, is processed by us for the purpose of independent troubleshooting and error diagnosis. The ACCESS_NETWORK_STATE authorization must be granted for this purpose.

This data processing is based on the legal basis regarding our legitimate interest to offer a market-driven service, as well as a fast troubleshooting according to Art. 6 para. 1 lit f) DSGVO.

 

 

5. Data disclosure and transfer

A transfer and disclosure of your personal data from the app does not take place.

 

 

6. Data transfer to third countries

No data is transferred to third countries outside the European Economic Area (EEA).

 

 

7. Data storage period

PHYSEC GmbH will delete or anonymize your personal data as soon as it is no longer required for the purposes set out in section 4. As a rule, your personal data, in particular user name and password, will only be kept for the duration of the usage or contractual relationship.

 

 

8. Rights of the data subject

 

8.1 Right to confirmation

Every data subject shall have the right, granted by the European Directive and the Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right, he or she may, at any time, contact any employee of the controller.

 

8.2 Right to information

Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:

  • the purposes of processing
  • the categories of personal data processed
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations
  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
  • the existence of a right to obtain the rectification or erasure of personal data concerning him or her, or to obtain the restriction of processing by the controller, or a right to object to such processing
  • the existence of a right of appeal to a supervisory authority
  • if the personal data are not collected from the data subject: Any available information about the origin of the data
  • the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right of access, he or she may, at any time, contact an employee of the controller.

 

8.3 Right to rectification

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data - also by means of a supplementary declaration - taking into account the purposes of the processing.

If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact any employee of the controller.

 

8.4 Right to erasure (right to be forgotten)

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following reasons applies and insofar as the processing is not necessary:

  • The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
  • The data subject revokes the consent on which the processing was based pursuant to Art. 6(1)(a) DS-GVO or Art. 9(2)(a) DS-GVO and there is no other legal basis for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) DS-GVO.
  • The personal data have been processed unlawfully.
  • The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data has been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the PHYSEC GmbH, he or she may, at any time, contact the Data Protection Officer of the controller. The PHYSEC GmbH shall promptly ensure that the erasure request is complied with immediately.

If the personal data was made public by the PHYSEC GmbH and our company is responsible for it pursuant to Art. 17 Para. 1 DS-GVO, PHYSEC GmbH shall implement reasonable measures, including technical measures, to compensate other data controllers for processing the personal data published, taking into account the available technology and the cost of implementation, in order to inform the data subject that he or she has requested from those other data controllers to erase all links to the personal data or copies or replications of the personal data, unless the processing is necessary. The employee of the PHYSEC GmbH will arrange the necessary in individual cases.

 

8.5 Right to restriction of processing

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the restriction of processing if one of the following conditions is met:

  • The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defense of legal claims.
  • The data subject has objected to the processing pursuant to Article 21 (1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the PHYSEC GmbH, he or she may, at any time, contact the data protection officer of the controller. The employee of the PHYSEC GmbH will arrange the restriction of the processing.

 

8.6 Right to data portability

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller, where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.

In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer of the PHYSEC GmbH.

 

8.7 Right to object

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her carried out on the basis of Article 6(1)(e) or (f) DSGVO. This also applies to profiling based on these provisions.

The PHYSEC GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.

If the PHYSEC GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to the PHYSEC GmbH to the processing for direct marketing purposes, the PHYSEC GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the PHYSEC GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation (DS-GVO), unless such processing is necessary for the performance of a task carried out in the public interest.

In order to exercise the right to object, the data subject may directly contact any employee of the PHYSEC GmbH or another employee. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.

 

8.8 Automated decision in individual cases incl. profiling

Any data subject concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and that law contains suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with the data subject's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject's explicit consent, the PHYSEC GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to obtain the data subject's involvement on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact the Data Protection Representative of the controller.

 

8.9 Right to revoke consent under data protection law

Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact the Data Protection Representative of the controller.

 

8.10 Right of appeal

You have the right to contact the competent supervisory authority in case of complaints. The supervisory authority responsible for PHYSEC GmbH is:

Landesbeauftragte für Datenschutz und Informationsfreiheit
Nordrhein-Westfalen
Postfach 20 04 44
40102 Düsseldorf, Germany
Tel.: 0211/38424-0
Fax: 0211/38424-999
E-Mail: poststelle@ldi.nrw.de 

 

 

9. Changes to this Privacy Policy

The privacy policy is kept up to date by us. We reserve the right to update this privacy policy in case of changes or further developments of the app, as well as implementation of new technologies.

This privacy policy is dated as of 26.1.2022

Part of this data protection declaration was created by the data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH,which performs data protection audits, in cooperation with the media law firm Medienrechtskanzlei WILDE BEUGER SOLMECKE.