STIHL Digital Platform and STIHL Solutions
Privacy Notice
Version 3 of 03.05.2024
Effective from 26.07.2024
Market: Australia
This Privacy Notice explains how and why we collect, use, hold and disclose your personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs) (Privacy Laws).
“We”, “us” and “our” and "STIHL direct" means STIHL direct GmbH, Badstr. 115, 71336 Waiblingen, Germany, District Court of Stuttgart, HRB 773503, VAT ID No. DE329143527 and ANDREAS STIHL AG & Co. KG ("ANDREAS STIHL"), Badstr. 115, 71336 Waiblingen, Germany, District Court of Stuttgart, HRA 260269, District Court of Stuttgart, HRB 263722.
VAT ID No. DE147330096
If you would like further information not contained in this Privacy Notice, you can contact us and our Data Protection Officer at any time via the contact details stated below:
STIHL direct
Badstr. 115, 71336 Waiblingen, Germany
Email: info@stihl.de
ANDREAS STIHL
Badstr. 115, 71336 Waiblingen, Germany
Email: info@stihl.de
Data Protection Officer of STIHL direct and ANDREAS STIHL by post at the addresses specified above, addressed to "zu Hd. Abteilung Datenschutz" or email to privacy_dpo@stihl.com.
1 PRIVACY NOTICE SCOPE
This Privacy Notice explains how we deal with your personal information in connection with the STIHL Digital Platform and the applications and services offered on the STIHL Digital Platform (Solutions). You can access our Solutions via the STIHL Digital Platform. To use the STIHL Digital Platform and Solutions, you first need to register and create a user account (STIHL Account). If you do not provide us with your personal information your use of the Solution may be limited or not possible.
2 WHAT PERSONAL INFORMATION DO WE COLLECT AND HOLD
2.1 What is Personal Information
References to “personal information” in this Privacy Notice mean any information or an opinion about an identified individual or an individual who can be reasonably identified from the information or opinion. Information or an opinion may be personal information regardless of whether it is true.
Personal information can include, for example, your name, email address or postal address. Your personal information also includes all data that is linked or relates to you, such as data that will be processed when you use the Solutions. Data that does not relate to you we shall refer to as non-personal or anonymous data. The relevant privacy laws and this Privacy Notice do not apply to such data.
2.2 What Personal Information do we collect
We may collect the following types of personal information:
- name, email address or postal address or other contact details;
- information you provide to us;
- information about your STIHL device including where you add a profile picture to your STIHL device;
- your IP address;
- our communications with you, including recordings of telephone conversations with you, if you have given your consent to the recording;
- data related to the support case and the data required to resolve your support case; and
- IP addresses.
3 HOW WE USE YOUR PERSONAL INFORMATION
3.1 General uses of your information
We collect, hold and use your personal information so that we can:
- enable you to use the Solutions, including to set up your STIHL Account and make it permanently available to you as your user account for the STIHL Digital Platform, Solutions and other offerings and services of the STIHL Group;
- improve and further develop the Solutions;
- provide servicing management, conduct troubleshooting and error analysis, and to ensure the security and quality of our offerings and services;
- conduct usage analysis, including collecting and using technical information from the Solutions you use, such as usage and runtime data;
- remind you of a service date on your desired date and by your desired means of communication if you enable the reminder feature on your device;
- fulfil contracts with you, and to provide you with access to and use of our services;
- honour requests by you to deal with your personal information for a specific purpose;
- provide you with customer support. This may include recording customer support calls for quality assurance and training purposes (where we record our calls, we will obtain your consent); and
- send you marketing communications and promotional offers, with your consent.
- fulfil a legal obligation to which we are subject;
- as necessary and permitted by Privacy Laws and other applicable laws, safeguard our legitimate interests or the legitimate interests of a third party.
3.2 STIHL Account on the STIHL Digital Platform
The registration of a STIHL Account is necessary for you to use the STIHL Digital Platform, the Solutions and other offerings and services of the STIHL Group. The STIHL Account is your user account with which you log in after registration with the STIHL Digital Platform, the Solutions and other offers and services of the STIHL Group.
If the information provided by you during registration changes, you can change such information at any time on the STIHL Digital Platform, if this is provided for.
As part of the registration process, we will inform you which information is required for registration, and which is voluntary.
3.3 STIHL connected Solution
(a) STIHL Smart Device - STIHL Smart Connector
STIHL Smart Connectors include the STIHL Smart Connector, the STIHL Smart Connector 2 A, and all future generations of STIHL Smart Connectors.
If you do not connect your STIHL Smart Connector or several STIHL Smart Connectors to your STIHL Account via the STIHL connected app or the STIHL connected box, STIHL will not process or deal with data related to your STIHL Smart Connector and your device, which we assign to you.
(b) STIHL Smart Device - STIHL Smart Batteries
STIHL Smart batteries include the generation 1 and 2 STIHL smart batteries, as well as all future generations.
If you do not connect your STIHL Smart Batteries to your STIHL connected app or STIHL connected box to your STIHL Account, STIHL will not deal with any data related to your STIHL Smart Batteries, which we assign to you.
(c) STIHL Smart Device - STIHL connected box
The STIHL connected box transmits the operating data of your devices and data of the STIHL Smart Batteries directly to STIHL via a LAN or WLAN network. A connection between your STIHL Smart Connector or your STIHL Smart Battery and the STIHL connected app is not required when using the STIHL connected box to transfer the data to STIHL, as the connection can be established solely via the STIHL connected box. The data transmitted via the STIHL connected box is immediately available in your STIHL connected app or your STIHL connected portal after transmission.
If you have not configured the STIHL connected box via the STIHL connected portal and linked it to a STIHL account, no data will be transmitted to us.
(d) STIHL Smart Device - STIHL connected mobile box
With the STIHL connected mobile box, you do not need a LAN or WLAN network, because the runtime and position data are transmitted via the mobile network or via Bluetooth® Low Energy (BLE). For the use of the STIHL connected mobile box you need a Mini-SIM card with separate mobile contract (not included in the scope of delivery).
In connection with the transmission of data over the mobile network of the mobile telecommunications provider chosen by you, your personal information will be disclosed to the mobile telephony provider chosen by you. Please refer to the privacy notice of your mobile network provider for more information.
If you have not configured the STIHL connected mobile box and linked it to a STIHL Account, no data will be transmitted to us.
(e) STIHL connected app
If you connect your STIHL Smart Devices, such as your STIHL Smart Connector or your STIHL Smart Batteries to the STIHL connected app and have logged in to the STIHL connected app with your STIHL Account, data including personal information will be transmitted to us.
3.4 Your STIHL specialist retailer
If you have stored data for a STIHL specialist retailer for STIHL connected and have granted it a corresponding permission in the STIHL connected portal, certain data will be transmitted to the specialist retailer you have input.
At no time will images or personal notes, that you have stored in your STIHL Account or that you have uploaded, be forwarded. By configuring the STIHL connected app and the STIHL connected portal, we ensure that you always have transparency and control over the data transmitted to the specialist retailers.
You also have the possibility to forward specific data, such as device-specific data, directly to your specialist retailer by means of a contact form.
3.5 Your use of the STIHL connected portal
The STIHL connected portal offers you functions that go beyond the scope of the STIHL connected app.
Creating an organisation and inviting members (e.g. employees)
You can create an organisation in the STIHL connect portal, for example, for your company. You can add members to this organisation, such as your employees. Members are added by an invitation function.
The creation and management of an organisation always requires connection with a STIHL Account that is used by you or another authorised person. The STIHL Account associated with the organisation can be changed. For more information on how to manage your organisation and grant rights within the organisation, see the STIHL Digital Platform Terms of Use in the Special Part related to STIHL Connected.
If you have added a person you have invited to your organisation, you can also assign them to a team within the organisation. You also have the option to create teams without assigning members of the organisation to the teams you create, but instead you can assign the STIHL Smart Devices you have stored to a team. With this feature, we want to give you the opportunity to manage and group as a unit (team) the usage of your STIHL Smart Devices in relation to the members of your organisation or separately to the Smart Devices.
At all times, you remain responsible for compliance with Privacy Laws in relation to your employees and other individuals you add to your organisation or team, including obtaining any necessary consents.
3.6 Location Data
- Certain product features involve the collection and sharing of your location data, for example:
Nearby Function
- If you are logged in with your STIHL Account in the STIHL connected app and are near STIHL Smart Connectors or STIHL Smart Batteries, which you have assigned to your organisation, these STIHL Smart Connectors or STIHL Smart Batteries will be displayed in the STIHL connected app under the ‘Nearby Function’. Information collected and shared as part of the Nearby Function include:
- location information of your smartphone (if enabled);
- designation of the STIHL Smart Connectors that are close to you and within range of the Bluetooth® technology used; and
- dates and times of data transfer.
Geolocation Data
If you have activated this in your STIHL connected app, the data collected by the STIHL Smart Connector, or the STIHL Smart Battery linked to the geo-position of your connected mobile device will be shared with us.
If you have linked your STIHL account to a STIHL Smart Connected Box, the STIHL connected box location will be transmitted when the data of your STIHL Smart Connector are synchronised - if you have stored them accordingly.
- If you have activated this and linked your STIHL Account to a STIHL connected mobile box, the STIHL connected mobile box location will be transmitted when the data of the STIHL connected mobile box - and thus the data of the STIHL Smart Connectors connected to the STIHL Connect - are synchronised.
3.7 Product development and statistical analysis
We use certain data about you in order to improve and further develop the STIHL Digital Platform, the Solutions and other offers and services (or our support). In particular, this relates to data on your use of the STIHL Digital Platform and the Solutions as well as data related to, among other things, the properties, security and quality of our offerings and services.
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, it is no longer personal information.
(a) Google Analytics web analysis
We use the Google Analytics analysis tool on our website. Google Analytics is provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google LLC", together with other Google companies of Alphabet Inc. "Google").
We use Google Analytics with the extension "anonymize IP". This means that your IP address will be shortened before it is sent to Google in the United States, so that Google will not receive your full IP address from us.
- Categories of personal data
- The following information is processed in connection with the use of Google Analytics:
- Your IP address
- Unique user ID assigned by the browser
- The user's click behaviour on the website
- The subpages that the user accesses
- Browser type, URL, screen resolution
- Time stamp
Purpose
We use Google Analytics to analyse your use of the website, to obtain reports about web page activities, and to obtain other Google services associated with your use of our website and other Internet use.
This will enable us to continuously improve our website, its user-friendliness and our offering, and to tailor them to suit your needs and interests.
Legal basis
We base the processing of your personal data on the following legal basis:
- Your personal data are processed based on your consent given to us in the Privacy Preference Centre. You can access this via the Cookie Notice.
We process your personal data based on Article 6 (1) (a) of the GDPR.
- The use of Google Analytics requires the setting of a cookie. To that end, we shall obtain your consent under Article 6 (1) (a) of the GDPR in the Privacy Preference Centre. For more information about our cookies, see our Cookie Notice.
Storage period
In principle, we shall process your personal data only for as long as is necessary to achieve these purposes. For more information on the storage period, see section 6 of this Privacy Notice.
Privacy Policy
The Privacy Policy for Google Ltd.’s Google Analytics can be found here:
https://policies.google.com/privacy?hl=en-US
3.8 Personal data we receive from third parties
In some cases, we receive your personal information from indirect sources – i.e. not directly from you. This may be the case, for example, if personal 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 personal information about you. These include, for example, payment service providers or providers of “app stores” through which you can purchase our Solutions.
3.9 Cookies
When accessing our website, the browser used on your device automatically sends information to the server of our website and temporarily saves it in a ‘log file’.
If you would like to be informed about the cookies used by us on our website, you can find more information here: https://app.stihl.com/en-au/legal/cookie-notice.
4 STORAGE PERIOD
We hold your personal information for so long as long as you use the STIHL Digital Platform and the Solutions or until you delete your STIHL Account, in order to provide you with the STIHL Digital Platform and the Solutions you want.
The storage period for your personal information depends in particular on which of our Solutions and which of the features offered by the Solutions you use. In addition, the storage period depends on the type of personal information in question, and applicable legal retention periods, which may obligate us to keep your information for a certain period of time. Corresponding requirements are also found in particular in commercial and tax legislation or derive from the regular statutory limitation periods.
In the event of a legal dispute, we will keep the personal information we need for our legal defence until the final conclusion of the proceedings.
For more information on the storage period, please contact us via the contact details at the front of this Privacy Notice.
5 RECIPIENTS OF YOUR PERSONAL INFORMATION
5.1 Recipients within the STIHL Group
We share your personal data with other STIHL Group companies in certain cases, for example to regularly carry out business functions and operations on our behalf.
5.2 Recipients outside the STIHL Group
In addition to recipients of the STIHL Group, we share your personal information with third parties, including:
- IT Service Providers (Data Hosting Providers);
- Support (Customer Support); and
- Lawyers, auditors and tax advisers.
Subject to applicable laws, we may also pass on your personal information to the authorities and courts, as far as we are required to under applicable law.
6 TRANSMISSION OF YOUR PERSONAL INFORMATION OVERSEAS
From time to time, we may need to transfer your personal information outside of Australia, for example to locations in the European Economic Area. When we do so, we will take reasonable steps to ensure that your personal information is protected in accordance with the Privacy Act and APPs, or an equivalent scheme such as the GDPR.
7 YOUR RIGHTS AND ASSERTING THEM
If you want to access or request the correction of your personal information that we hold you can contact us at any time and without any required form via the communication channels specified in this Privacy Notice. We do not impose any charge for requesting access to your personal information, but we may charge you reasonable costs associated with providing you with that access (for example costs for time spent collating large amounts of information).
STIHL will respond to requests for access or correction within a reasonable time and will take all reasonable steps to ensure that the personal information we hold about you is accurate, up to date and complete.
8 CONTACT AND SUPPORT
If you have any questions or if you cannot use STIHL Digital Platform and the Solutions as we have described, you may contact us at any time by email, post, telephone, via contact forms or by other means. We shall usually respond to you through the medium through which you initiated contact.
In certain cases, we will contact you independently, in particular to provide you with important information about the STIHL Digital Platform and the Solutions. This is usually done by email.
If you subscribe to the STIHL Group's newsletter, then we will provide you with a separate notice regarding how we deal with your personal information in relation to this subscription.
9 AMENDMENTS TO THIS PRIVACY NOTICE
We may update this Privacy Notice from time to time, for example when we offer new solutions on the STIHL Digital Platform. We therefore recommend that you consult this Privacy Notice regularly.
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