Conditions d'utilisation et politique de confidentialité de Control Smart

Preamble

This service (hereinafter the “app”) is provided by Reflex Winkelmann GmbH, Gersteinstrasse 19, 59227 Ahlen, represented by the Managing Directors Norbert Hülsmann and Volker Mauel (hereinafter “we”, “our” or “us”) as the responsible party within the meaning of the respectively valid data protection law.

We allow you to retrieve and display the following information in the context of the app: [operation, control and analysis of the Servitec Mini vacuum spray-tube degassing unit, dynamic pressure maintenance or other systems]. We or the app store providers process personal data relating to you during use of the app. Personal data is all information relating to an identified or identifiable natural person. Because the protection of your privacy during use of the app is important to us, we would like to inform you through the following information about which personal data we or app store providers process when you use the app and how we handle this data. In addition, we shall inform you of the legal basis for processing of your data and, insofar as processing is necessary to safeguard our legitimate interests, also inform you about our legitimate interests.

You can access this privacy statement at any time in the app under menu item “Info”.

1. Informationen zur Verarbeitung Ihrer Daten

Certain information is already processed automatically as soon as you use the app. The specific personal data processed is detailed below:

1.1 Information collected during downloading

Certain required information is transmitted to the app store you have selected (e.g. Google Play or Apple App Store) during downloading. In particular, the username, email address, the customer number of your account, the time of the download, payment information and the individual device code number can be processed in this context. This data is processed exclusively by the respective app store and is beyond our control.

1.2 Information collected automatically

As part of your usage of the app, we automatically collect certain data required for use of the app. This includes the internal device ID, the version of your operating system and the time of accessing.

We also need access to the location of your device so that your smartphone and the Servitec Mini can establish Bluetooth Low Energy communication. In the event of an enquiry, we may identify your current location via GPS to provide you speedily with information on your immediate vicinity. Data relating to your location is only used to process your enquiry. Transmission of your location data occurs via an encrypted connection. Your location data is anonymised following completion of your enquiry and evaluated statistically to improve our service.

This data is transmitted automatically to us, but not stored. The purpose of this is (1) to provide you with the service and associated functions, (2) to improve the functions and features of the app and (3) to prevent and eliminate misuse and malfunctions. This data processing is justified by the fact that (1) processing for performance of the contract between you as the data subject and us pursuant to Art. 6 (1) lit. b) GDPR is required for use of the app, or (2) we have a legitimate interest in ensuring the proper functioning and flawless operation of the app in order to offer a market-oriented service in the interest of the parties that overrides your rights and interests in the protection of your personal data here within the meaning of Art. 6 (1) lit. f) GDPR.

1.4 Use of the app

You can enter, manage and edit various information, tasks and activities using the app. In particular, this information includes data on operation of the Servitec Mini vacuum spray-tube degassing unit or other equipment [configuration of individual degassing times such as the day of the week and time; display of fault messages].

The app also requires the following authorisations:

  • Internet access: This is required to download and update the app and to save your entries on our servers.
  • Camera access: This is required if you wish to have even easier access to the app and our website through scanning of the QR code.

Usage data is processed and used to provide the service. This data processing is justified by the fact that processing for performance of the contract between you as the data subject and us pursuant to Art. 6 (1) lit. b) GDPR is required for use of the app.

2. Disclosure and transfer of data

In addition to the cases explicitly specified in this privacy statement, disclosure of your personal data without your express prior consent only occurs if it is permitted or required by law. Among other circumstances, this can be the case when processing is necessary to protect the vital interests of the user or another natural person.

2.1

The data you provide when registering is disclosed within our Reflex Winkelmann Group for internal administration purposes, including joint customer support as required.

Any disclosure of personal data is justified by the fact that we have a legitimate interest in disclosing the data for administrative purposes within our Group and your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) lit. f) GDPR do not predominate.

2.2

Personal data is forwarded to the law enforcement authorities or other authorities and, if necessary, to injured third parties or legal advisers if necessary for investigation of the unlawful or improper use of the app or for prosecution purposes. However, this only occurs if there are indications of unlawful or abusive behaviour. Disclosure may also occur if this serves the enforcement of terms of use or other legal claims. We are also required by law to provide information to certain public authorities upon request. These are law enforcement agencies, authorities prosecuting misdemeanours that entail a fine and the fiscal authorities.

Any disclosure of personal data is justified by the fact that (1) processing is necessary to fulfil a legal obligation which we are subject to pursuant to Art. 6 (1) lit. f) GDPR in relation to national statutory requirements for the disclosure of data to law enforcement authorities or, (2) in the event of indications of behaviour involving misuse or for the enforcement of our terms of use, any other terms or any legal claims, we have a legitimate interest in disclosing the data to the third parties stipulated and your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) lit. f) GDPR do not predominate.

2.3

We rely on affiliated companies of the Reflex Winkelmann Group and the following third party companies and external service providers to provide our services:

For the purpose and in the event of connection with Reflex Control Remote:

Internet of Things platform provider:
Device Insight GmbH, Willy-Brandt-Platz 6, 81829 Munich

Data Protection Officer:

Bitkom Servicegesellschaft mbH
Albrechtstrasse 10
10117 Berlin/Germany
Telephone: +49 30 27576 0
Email: T.Goeldner@bitkom-service.de

Any transfer of personal data is justified by the fact that (1) we have a legitimate interest in disclosing the data for administrative purposes within our Group and your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) lit. f) GDPR do not predominate and (2) we have carefully selected, regularly reviewed and contractually obligated our third-party companies and external service providers to process all personal data in accordance with our instructions within the scope of Art. 28 (1) GDPR.

2.4

As our business develops, the structure of our business may alter, with a change in its legal form and the establishment, purchase or sale of subsidiaries, business units or components. Customer information may be disclosed with the business unit to be transferred in the context of such transactions. In the case of each disclosure of personal data to third parties to the extent described above, we shall ensure that this disclosure occurs in accordance with this privacy statement and applicable data protection law.

Any disclosure of personal data is justified by the fact that we have a legitimate interest in adapting our corporate form if necessary to suit economic and legal circumstances and your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) lit. f) GDPR do not predominate.

3. Data transfers to third countries

We do not process data in states outside the European Economic Area (EEA). Should the app store operator do so, it shall indicate this with a separate privacy statement.

4. Changes of purpose

Processing of your personal data for purposes other than those described shall only occur if a legal regulation allows this or you have consented to the changed purpose of data processing. In the event of further processing for purposes other than those for which the data was originally collected, we shall inform you of these other purposes before further processing and provide you with all other relevant information.

5. Data retention period

We will delete or anonymise your personal data as soon as it is no longer required for the purposes for which we collected or used it in accordance with the preceding clauses. As a rule, we store your personal data via the app for the duration of use or the contractual relationship, plus a period of 30 days. During this, we retain backup copies after deletion, insofar as this data is no longer required for criminal prosecution or to establish, exercise or enforce legal claims.

Specific information in this privacy statement or legal requirements relating to the storage and deletion of personal data, especially data that we are obliged to retain for tax purposes, remains unaffected.

6. Your rights as the data subject

6.1 Right to disclosure

You have the right to obtain information from us at any time upon request concerning personal data relating to you that is processed by us within the scope of Art. 15 GDPR. You can submit a request for this purpose by post or email to the address below.

6.2 Right to rectification of incorrect data

You have the right to demand immediate rectification of personal data relating to you if it is incorrect. Please contact the addresses below for this purpose.

6.3 Right to erasure

You have the right to demand the erasure of your personal data under the conditions described in Art. 17 GDPR. In particular, these conditions provide for a right of erasure where personal data is no longer required for the purposes for which it was collected or otherwise processed and in cases of unlawful processing, the existence of an objection or the existence of an erasure obligation under Union law or the law of the member state to which we are subject. See also Clause 5 of this privacy statement with regard to the retention period for data. Please contact the addresses below to assert your right to erasure.

6.4 Right to restriction of processing

You have the right to demand that we restrict processing in accordance with Art. 18 GDPR. This right applies in particular if the accuracy of the personal data is contested between the user and us, for the period of time required to verify accuracy and if the user demands limited processing instead of erasure in the case of an existing right to erasure. Moreover, it also applies in the event that the data is no longer required for our intended purposes, but the user requires it to establish, exercise or defend legal claims and if the successful assertion of an objection between us and the user is still contentious. Please contact the addresses below to assert your right to restriction of processing.

6.5 Right to data portability

You have the right to receive personal data relating to you which you have provided us with in a structured, commonly used and machine-readable format pursuant to Art. 20 GDPR. Please contact the addresses below to assert your right to data portability.

7. Right to object

You have the right to submit an objection pursuant to Art. 21 GDPR at any time against the processing of personal data relating to you based on, but not limited to, Art. 6 (1) lit. e) or f) GDPR. We will desist from processing your personal data, unless we can demonstrate compelling legitimate grounds for processing which override your interests, rights and freedoms or if processing serves the establishment, exercise or defence of legal claims.

8. Right of appeal

You also have the right to appeal to a supervisory authority in the event of complaints.

You are also welcome to contact the supervisory authority responsible for our company, which is the:

Die Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen,
(State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia),

Postfach 20 04 44, 40102 Dusseldorf
Kavalleriestrasse 2-4, 40213 Dusseldorf
Tel. 0211 38424 – 0, Fax: 0211 38424 – 10
Email: poststelle@ldi.nrw.de

9. Contact

If you have any questions or comments about our dealings with your personal data, or if you wish to exercise the rights as the data subject specified in Clauses 6 and 7, please contact Reflex, Marketing Department

Reflex Winkelmann GmbH
Gersteinstrasse 19
59227 Ahlen
Germany

Telephone: +49 2382 7069-0
Email: marketing@reflex.de

Our data protection officer can be reached at the following contact details:

AVIATICS GmbH & Co. KG
Cost- and Safetymanagement
Niederlassung Düsseldorf
Kieshecker Weg 148 • 40468 Dusseldorf

Telephone: +49 211 / 95 78 4-710
Email:  arnold@aviatics.de

Data Protection Officer: Peter Arnold (Dipl. Ing.)

10. Changes to this privacy statement

We always keep this privacy statement up to date. We therefore reserve the right to amend it from time to time and make changes in the collection, processing or use of your data. The current version of the privacy statement is available at all times in the app under “Info”.

Version: November 2018

Reflex Winkelmann GmbH, Gersteinstrasse 19, 59227 Ahlen, telephone +4923827069-0, as the manufacturer and licensor (hereinafter the “licensor”), grants you, the user and the licensee (hereinafter the “licensee”), the right to use the Reflex Control Smart app (hereinafter the “app”) in accordance with these end customer terms of use (hereinafter the “terms of use”) for simplified operation of the Servitec Mini vacuum spray-tube degassing unit and the Reflexomat, Variomat and Servimat dynamic pressure maintenance systems (hereinafter the “systems”). Alternatively, the systems can be operated with the user manual in the product descriptions.

§ 1 Subject and scope of the terms of use 

  1. The subject of these terms of use is the granting of rights of use for the licensor’s app to the licensee for the systems of the licensee and regulation of use of the functions provided in the context of the app. The app may be used in the context of operation of the licensee's systems. Further technical requirements, suitable equipment and installation instructions can be found here in the product descriptions.
  2. Installation and use of the app are free of charge. Use of the application requires no registration and no password. Use requires agreement with the Reflex Control Smart privacy statement. The privacy statement can be found here.
  3. The app consists of the app object code as provided by the licensor for the respective terminal used (via a platform such as iTunes or Google Play where appropriate) for downloading and installation.
  4. These terms of use apply both to consumers and entrepreneurs, insofar as this is not explicitly regulated in a different manner. A consumer is any natural person who concludes a legal transaction for purposes that, predominantly, cannot be related to the consumer’s commercial or independent professional activities (Section 13 of the German Civil Code (§ 13 BGB)). An entrepreneur is a natural or legal person or a legal partnership that acts during conclusion of a legal transaction in the exercise of its commercial or independent professional activities (Section 14 (1) of the German Civil Code (§ 14 Abs. 1 BGB)).

§ 2 Updates

  1. The licensor provides updates for the app and, via the system, the firmware of the communications component, meaning the interface of the licensee's system to the internet, (hereinafter “updates”) for installation to ensure the security of the app or take into account a change in the functions of the app and adapt it to advancing technical development. The licensor may, at its discretion, adapt the functionality of the app without a special announcement, but without significantly limiting its functionality. The licensor shall announce adaptations of this kind in advance to the licensee. The licensor recommends that updates always be installed in a timely manner. The licensor can terminate this agreement if the licensee also fails to install updates after a reminder is sent in the app and to the licensee’s email address.
  2. The licensee is not entitled to the provision of updates to expand functionality.
  3. The licensee accepts that the licensor only maintains the current status of the app at all times. The licensor reserves the right to discontinue the app and terminate this agreement on expiration of the contractual warranty for purchase of the system or retrofitting with an internet interface.

§ 3 Granting of rights of use, availability

  1. The licensor grants the licensee non-exclusive rights of use for the respective app. Rights of use are granted for use of the app in accordance with these terms of use for own purposes in connection with Reflex products.
  2. Rights of use are granted under the following conditions:
    - The licensee acknowledges the authorship of the licensor and, in particular, does not modify or eliminate copyright notices;

  3. - The licensee does not modify and/or decompile the app (the licensee's powers as contained in Sections 69d and 69e of the German Copyright Act (§§ 69d & 69e UrhG) remain unaffected).
  4. Insofar as the licensor permits the transfer of rights of use by the licensee to a third party, the licensee shall ensure that the third party also accepts these terms of use and enters into all rights and obligations arising from these.

§ 4 Supported terminals and supported hardware and software

  1. The licensor provides the licensee with the app for its intended use on a terminal supported for this purpose. The terminal device must use at least Bluetooth 4.0, Android software version 5.0 or Apple iOS software version 10.0.
  2. The system and software requirements specified by the licensor must be observed in the current form stipulated in § 4.1 for use of the app. Software programs and services of third-party manufacturers with which the app is to interact may only be used after approval by the licensor. Compliance with system requirements is the sole responsibility of the licensee. Questions concerning interoperability should be forwarded to the licensor.

§ 5 Warranty

  1. The app is configured by the licensee on its own responsibility in accordance with the current accompanying materials provided with the system.
  2. The functions provided through the app are free of material defects if they perform the functions contained in the currently valid product descriptions which can be found here or that have been agreed separately. The licensor assumes no guarantee for compliance of the app functions with the requirements of the licensee.
  3. The prerequisite for liability for defects regarding the app functions is the reproducibility of the defect. The licensee must adequately describe the defect. If the app provided by the licensor is defective, the defect shall be remedied by the licensor within a reasonable period of time through repair of the app, provided the cost of repair is within reasonable limits. If repair fails, the licensee must operate the system using the user manual. A reduction or withdrawal from the purchase contract for the system are excluded.
  4. The licensee must support the licensor in a reasonable manner in identifying a defect (e.g. through paper printouts, screenshots or error descriptions).
  5. Force majeure events (including strike, lock-out and similar circumstances, insofar as these are unforeseeable, serious and non-culpable) which make performance significantly more difficult or impossible for the licensor entitle the licensor to postpone fulfilment of the obligations for the duration of the hindrance and a reasonable start-up time.

§ 6 Liability

  1. The licensor is liable without limitation if damage is caused intentionally or through gross negligence by the licensor, its legal representatives or its vicarious agents. In addition, the licensor is liable without limitation for injury to life, limb or health. Moreover, the licensor is liable for guaranteed app functions within the legal framework according to mandatory laws, particularly the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG) and Product Safety Law (Produktsicherheitsgesetz – ProdSG).
  2. In addition, the licensor is liable in the case of a slightly negligent breach of obligations where the fulfilment of these makes the proper performance of the contract possible in the first place and on compliance with which the contractor can regularly rely (major obligations), but only to the level of damage typically predictable on conclusion of the contract. Liability is excluded in other cases of slight negligence.
  3. The licensor shall not be liable for any damages arising from any erroneous setting, operating error or improper operation of the licensee or use of any equipment that does not comply with the system and safety requirements where these are not the responsibility of the licensor. Operating errors of the licensee have in particular occurred if the licensee has ignored app warning messages. The resulting damage, in particular to the system, must be repaired by the licensee at its own expense.
  4. The licensor is not liable for any further costs arising from use of the app (in particular costs due to mobile data transmissions, including data roaming costs). This exclusion of liability does not apply if the licensor is guilty of gross negligence or intent.

§ 7 Extraordinary right of termination, amendments

  1. The licensor may terminate this agreement for an important reason, particularly in the case of a serious violation of these terms of use or any copyrights to the app, or in the event of discontinuation of the app by the licensor.
  2. The terms of use may, at the licensor's sole discretion, be amended or supplemented to an extent reasonable for the licensee. In this case, the licensee must agree to the amended terms of use before using the app.

§ 8 Final provisions

  1. If individual terms of use of this agreement are or become ineffective, a provision shall be substituted for them which comes as close as possible to the economic purpose of the ineffective provision. Should a single term of use be or become ineffective, the validity of all other terms of use or this agreement as a whole shall not be affected.
  2. German law applies. The place of jurisdiction is Münster, Westphalia, insofar as the licensee is a merchant, a legal entity under public law or a special fund under public law.

Version: Ahlen, August 2018