Privacy Policy "Kerbl-Welt App"

While using this app, your personal data will be processed by us as the data controller and stored for the period necessary to fulfil the specified purposes and legal obligations.

In the following, we inform you about what data is involved, how it is processed and what rights you have in this regard.

According to Article 4 (1) of the General Data Protection Regulation (GDPR), personal data is any information relating to an identified or identifiable natural person.

1) Name and contact details of the data controller and the DPO
This data protection information applies to data processing within the scope of the use of our Kerbl IOT Welt App by the person responsible.

The responsible body within the meaning of the data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:

Albert Kerbl GmbH
P.O. box 54
Felizenzell 9
84428 Buchbach 

Telefon: +49 8086 933-100
Telefax: +49 8086 933-500 
E-Mail: info@kerbl.com
Internet: www.kerbl.com 

Managing Director: Albert Kerbl, Ulli Kerbl
 
Court of Registration: Traunstein
Number of Register: HRB 3803 

We are committed to protecting the privacy and rights of individuals through delivery of our services. For information relating to our use of personal data please contact dataprotection@kerbl.com .

2) Personal data during registration
When you register within the Kerbl Welt app, the data you enter is collected and stored. This is data such as name, address, email address, contact details. The data is stored with a hosting provider until your user profile is deleted. The hosting provider may also be in countries outside Europe.

3) Authorisations of the "Kerbl-Welt App"
"Kerbl-Welt" requires the following permissions for mobile applications:

• INTERNAL ACCESS
  Is needed to load the device data.
• LOCATION DATA
  For the use of Bluetooth, the location is required. This allows the current position to be displayed on the map. You can deactivate this (see below).
  
• BACKGROUND SERVICES
  Example: Finding and connecting Bluetooth devices without opening the application.

4) Use of push services
The app also uses push services from the operating system manufacturers as well as a third-party provider for the management of push subscriptions. These are short messages that are shown on the user's display with the user's consent and with which the user is actively informed about alerts.

To use the push services, a device token from Apple or a registration ID from Google is assigned. The sole purpose of their use by us is to provide the Push Services. These are only encrypted, anonymized device IDs. Albert Kerbl GmbH as well as the service provider collect the following data to enable the push notifications:

• Timestamp "last use", "first use", "duration of use".
• Number of user sessions
• Type of end device, e.g. iPhone 12.1 15.5
• Kerbl UserID
• App version
• Country identifier
• Language used
• Root access of the used end device active

You can deactivate the receipt of push notifications during the installation of the "Kerbl-Welt App". To unsubscribe from push notifications later, you can use the unsubscribe option in the "Kerbl-Welt App". You can find this under the settings of the respective favorites (Warnings -> Deactivate all warnings) or for the location warnings in the settings menu of the start screen, as well as in the settings menu of your mobile phone.

5) Data processing
Device-specific information is collected and processed based on Article 6 (1) lit. b GDPR for the purpose of processing contractual relationships with you or Article 6 (1) lit. f GDPR if and insofar as this is necessary to protect our interests or those of third parties. This may include, in particular, the transfer to hosting or cloud computing providers for the purpose of optimizing the services and increasing usability and user-friendliness. Disclosed data may only be used by the third parties for the purposes.

In addition, the collection and processing of personal data may only be considered if you have given your express consent in accordance with Article 6 (1) lit. a GDPR, as well as if there is a legal obligation to pass on the data in accordance with Article 6 (1) lit. c GDPR.

6) Evaluation of usage data
Anonymized usage data is evaluated for the secure operation and further development of the "Kerbl-Welt App".

Within the scope of using the "Kerbl-Welt App", data is stored in a log file for statistical and backup purposes.

We record the following data:

• Name of the retrieved file
• Date and time of the retrieval
• Amount of data transferred
• Message as to whether the retrieval was successful
• In the case of successful retrieval: anonymized IP address of the accessing host system.
• In the event of unsuccessful retrieval, the full IP address is stored for error investigation and security purposes

User with devices, values of the devices (e.g. temperature), dashboard, settings of the devices, user actions with application and with devices; session data browser sessions version, type, date, time; operating system, platform (Linux, MacOS etc.).

7) Passing on data to third parties
Data that has been logged during the use of the "Kerbl-Welt App" will only be forwarded to third parties if this is required by law, stipulated by a court decision or if the forwarding is necessary for legal or criminal prosecution in the event of attacks on the Internet infrastructure of Albert Kerbl GmbH. Data will not be passed on for other, non-commercial or commercial purposes. You will be informed about the processing of data during the handling of the product purchase in the terms and conditions of the respective company. You will be asked to accept their terms and conditions. Your data will not be stored as long as you do not agree to the terms and conditions there.

8) Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

• the purposes of the processing;
• the categories of personal data concerned;
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
• the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
• the existence of the right to lodge a complaint with a supervisory authority;
• where the personal data are not collected from the data subject, any available information as to their source;
  
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

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

c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

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

d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data have been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Albert Kerbl GmbH, he or she may, at any time, contact any employee of the controller. An employee of Albert Kerbl GmbH shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Albert Kerbl GmbH will arrange the necessary measures in individual cases.

e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

• 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 and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
• The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification 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 the processing of personal data stored by the Albert Kerbl GmbH, he or she may at any time contact any employee of the controller. The employee of the Albert Kerbl GmbH will arrange the restriction of the processing.

f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not 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, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of the Albert Kerbl GmbH.

g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

The Albert Kerbl 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 establishment, exercise or defense of legal claims.

If the Albert Kerbl 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 concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Albert Kerbl GmbH to the processing for direct marketing purposes, the Albert Kerbl 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 by the Albert Kerbl GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of the Albert Kerbl GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator 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, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on 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 a data controller, or (2) it is based on the data subject's explicit consent, the Albert Kerbl GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention 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 individual decision-making, he or she may, at any time, contact any employee of the Albert Kerbl GmbH.

i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her 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 any employee of the Albert Kerbl GmbH

9) Actuality and change of this privacy information
This data protection information is currently valid and has the status May 2023.

It may become necessary to amend this data protection information due to the further development of our services and offers or due to changes in legal or official requirements. The current data protection information can be accessed and printed out by you at any time on the website at   https://www.kerbl.com/en/privacy-policy-kerbl-iot