Privacy Notice for “STIHL Connected”

Last update 28.01.2022

(1.) The following provisions inform the customer of the collection, processing and use of his or her personal data in connection with the use of the “STIHL Connected System,” consisting of the “STIHL Smart Connector,” the U.S. STIHL Connected Mobile App (the “Mobile App”) and the “STIHL Connect Portal".

(2.)     These Privacy Notice can be stored and printed out.

(3.) Controller

The controller of the collection, processing and use of the data is: STIHL Incorporated (hereinafter: “STIHL Inc.”), 536 Viking Drive, Virginia Beach, Virginia 23452, E-mail: stihlcs@stihl.us, telephone: 1-800-467-8445.

(4.) Consent

By agreeing to these Privacy Notice you consent to STIHL Inc. collecting, processing and using your personal data in compliance with the relevant statutes in accordance with the following provisions.

(5.) Personal data

Personal data means any information relating to an identified or identifiable natural
person. This includes, for example, name, address, telephone number, e-mail address, profile pictures, connected mobile devices and paired machines or tools and consumption data and other data you make available to STIHL Inc. for the purpose of registering and using the
STIHL Connected System.

(6.)    Log files, registration data and voluntary data

(6.1.) Log files

Usage data are transmitted by the respective Internet browser and stored in log files, so- called server log files, every time the STIHL Connect Portal” is accessed. The stored data sets contain the following data: date and time of the retrieval, name of the site retrieved, IP address, source URL which you came to the STIHL Connect Portal from, data volume transmitted, and information on the browser you use. These data are solely used for technical communication and, subject to any statutory retention obligations, are deleted after termination of the use. The legal basis for the data processing is the implementation of pre-contractual measures, the performance of the contract entered into with you and your consent.

(6.2.) Registration data

All of the personal data stored by you during the course of registering [first name, last name,
address (street, house number, ZIP code, town/city), e-mail address, telephone number, password, user name; web address; profile picture; date of birth; communication language; on the STIHL Smart Connector, the Mobile App and the STIHL Connect Portal shall be collected, processed and used by automated means by STIHL Inc. in compliance
with the Privacy Notice applying to the contract for the purpose
of establishing, structuring, executing, amending and/or terminating the usage relationship. With the exception of the telephone number, the web address, the
profile picture, the date of birth and the communication language, the provision of all data is mandatory for you to be able to register and thus gain access to the STIHL Connected System. The data provided on a voluntary basis are not required for registration and may also
be stored or removed from the user account by the user at a later date.

The legal basis for the
data processing is the implementation of pre-contractual measures, the performance of the contract entered into with you and
your consent.


 


(6.3.) Device/machine/tool data and contract data


 


Together with
these data, the device specific data on your mobile device
(smartphone/smart device)
such as device type, operating system and battery status, and on the paired machine or tool, such as device/serial
number/article number, and on the STIHL Smart Connector used, for example battery level, MAC address,
hardware/software variant, shall be
collected, processed and used by automated means, in compliance with the Privacy Notice applying to the
contract, for establishing,
structuring, executing, amending
and/or terminating the usage relationship.


 


Similarly and for the same
purpose, the specific contract data [date and content of the contract concluded, any declarations of
revocation, objection, request for information, erasure, data portability and restriction relating to the data processing, the date and
content of contract changes, other declarations by the parties, e.g. notice of termination, notifications of defects] shall be collected, processed and used.


 


The transfer
to third parties of your usage relationship relating to the STIHL Connected System as a whole and/or individual
components thereof is excluded. In the event of the sale by the user and the transfer of ownership or permanent
transfer of the STIHL Smart Connector
or of the machine/tool paired with it to a third party, the operability of
the STIHL Smart Connector by the third
party by means
of the STIHL
Connected System shall
require the following


 


-    
De-registration from the STIHL
Connected System by deleting your
account using the
function “DELETE ACCOUNT”; and


 


-    
conclusion of an independent usage
agreement by the third party
and STIHL Inc.
in respect of the STIHL
Connected System.


 


The third party does
not therefore obtain
any access to the
(personal) data created by you. When first commissioned by the third
party, the third party merely sees once the indication of the total performance of the STIHL Smart Connector and/or
of the STIHL device paired with it. Thereafter the third
party solely generates his or her
own data through
operation.


 


The legal basis for the data
processing is the
performance of the contract with you and
your consent.


 


(6.4.) Additional users (Team)


 


If you so desire
you can register additional users (hereinafter: “Team”). The
personal data of the Team members (number
of users, registration data, the paired
machines/tools and the STIHL Smart Connectors inclusive of all
aforementioned data) shall be
collected, processed and used in the same way and for the same purpose and on the same legal basis as
set out in sub-sections 6.1. to 6.3. The additional user shall be sent an invitation from you and has to perform the registration
himself/herself and consent to the data processing. As the main user you are able to access the data
generated by the additional user through the
operation of the device. As the main user you are solely
responsible for guaranteeing that in this
respect all the requirements of






 


 


data protection law are
complied with and that you have the authorization necessary under data protection law in the relationship with
the additional user.


 


The legal basis
for the data processing is the performance of the contract with you and your consent.


 


(6.5) Data on location and usage


 


For the purpose of the contractual usage of the
STIHL Connected System, data relating to
location and usage are transferred to STIHL Inc.,
in particular


 


•    
Location data of the user’s
mobile device (smartphone/smart device) within Bluetooth range of the STIHL Smart
Connector and the paired machine/tool


•    
Location data of the paired
machine/tool, including from
Google Maps


•    
Usage behavior of the paired machine/tool with the
STIHL Smart Connector (e.g. operation period,
consumption data, activation and deactivation times,
pairing time)


•    
Data on the machine/tool fleet
to be managed (illustration(s) and number of
machines/tools)


•    
Existence/absence of a Bluetooth
connection


•    
Machine-related maintenance records, maintenance history


•    
Deployment of machines (e.g. special deployments)


 


The location/use and
command data generated in this connection shall also – just as the data/details you additionally provided
voluntarily when making your profile settings after registration (e.g. storage of a telephone/mobile telephone
number and e-mail address in order to receive status/warning notifications and in the event
of recall action)
– be collected, processed
and used by automated means by STIHL Inc. in accordance with section (6.) of the Privacy Notice for the
purposes of establishing, structuring, executing, amending and terminating the usage relationship for the STIHL
Connected System and the use
of the functionalities of the Mobile
App and of the
STIHL Connect Portal”.


 


The legal basis for the data
processing is the
performance of the contract with you and
your consent.






(7.)    Retailer data


 


If you so desire
you can indicate the data of your preferred retailer from whom you acquired the paired machine/tool and/or who is to be responsible for
the maintenance. By indicating your
preferred retailer you give us your consent to our making your customer,
device and usage data available to
this retailer for the purpose of support, maintenance and service and to these data being able to be
processed and used for the said purposes; this consent also covers the use of these data to transfer information by
us or the said retailer, in particular
with respect to maintenance and service needs (e.g. on maintenance intervals etc.).


 


The legal basis for the
data processing is the performance of the contract entered into with you and
your consent.






(8.)    Web analysis/location/map tools


 


(8.1.) Google Analytics


 


The STIHL
Connect Portal uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google
Analytics uses so-called “cookies”; these are text



data files stored on your computerthat enable your useof the website to be analyzed. The information
generated by the cookie on your use of this website is generally transmitted to a Google server in the USA and is
stored there.



 



On behalf of the operator of the web portal, Google
will use this information in order to evaluate
your usage of the web portal, to compile reports on activities on the website
and to perform additional services relating to website and Internet usage for the operator of the web portal.



 



The IP address transmitted from your browser in connection with Google Analytics will not be combined with other data from Google.
You can prevent cookies from being stored by setting your browser software accordingly; we point out, however, that
in this case you might not be able to fully use all of the functions
of this website.



 



You can preventthe data relatingto your use of the website
(incl. your IP address) that are generated by the cookie from being
transmitted to Google and processed by Google, by downloading and installing the browseradd-on available via the following
link:



 



http://tools.google.com/dlpage/gaoptout?hl=de



 



More detailed information on the terms and conditions of use and data protection policyis provided at:



 



www.google.com/analytics/terms/de.html and at



www.google.com/intl/de/analytics/privacyoverview.html. The legal basisfor the data processing is your consent.



(8.2.) Google Tag Manager



 



Google Tag Manager is a serviceof Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043,USA (“Google”) enablingtags to be produced, updatedand managed.



 



Tags are small code
elements on the STIHL Connect Portal which serve, interalia, to measure the traffic and visitor behavior
on the STIHL Connect Portal and
to capture the effect of online advertising and of
social media.



 



When you visit the STIHL Connect Portal
the current tag configuration is sent to yourbrowser. It containsinstructions on whichtags are to be triggered. The tool itselfdoes not collect any personal data. The tool does,
however, ensure that other tags are triggeredwhich can possibly collect personal data. Further information on how the
Google Tag Manager tags work is available here



 



https://support.google.com/tagmanager/answer/2772432?hl=de&topic=2574304&ctx=topic and in the use policy:



https://www.google.de/tagmanager/use-policy.html







If you would like to
prevent Google from processing these data you can download and install
the browser add-on
relating to the browser you use that
is available via the following link:


 


http://tools.google.com/dlpage/gaoptout?hl=de.


 


The legal basis
for the data
processing is your consent. (8.3.) Google Maps


STIHL Inc. accesses the application of Google Maps,
a service of Google Inc. (“Google”) in order
to establish the location data of the “STIHL Smart Connector” and of the
paired devices.


 


Google Maps is operated by Google Inc.,
1600 Amphitheatre Parkway, Mountain View, CA
94043, USA.


 


The use of Google Maps
and of the
information obtained via
Google Maps is effectuated in accordance
with the Google terms and conditions of use for Google Maps. The terms and conditions of use of Google Maps
can be found in the
Google terms and conditions at:


 


https://www.google.com/intl/de_US/help/terms_maps.html


 


The precondition for the use of Google Maps is
always for Google to have the users’ IP address
and to collect and process the location data of the mobile devices and of the devices
controlled by the Mobile App
or via the
STIHL Connect Pro
Portal. This is because
without the IP address Google would be unable to transmit the content
to the browser of the respective user. The IP address is transferred to and stored on a Google server.


 


Comprehensive details can be found
in the Google data privacy policy available at: https://www.google.com/intl/de/policies/terms/index.html


You can deactivate the use of Google Maps
by complying with
the following instructions provided in the
section “Transparency and choice” at:


 


https://www.google.de/intl/de/policies/privacy/


 


Further information on the collection and processing of your data
by Google is available at:
https://www.google.de/intl/de/policies/privacy/.


 


The use of the STIHL Connected System might be considerably restricted or impossible if Google Maps are deactivated as the location data in particular are required in order to be able to use the essential functionalities of the STIHL Connected System.


 


The legal
basis for the data processing is the performance of the contract entered into with
you and your consent.






(9.) Statistical evaluations


 


The customer declares that he or she is in
agreement with the data generated/stored in connection with the contractual use of
the STIHL Connected System (in particular






retailer/ device/ machine/ tool data incl.
location and usage data) being used to produce anonymized statistics (in particular such
statistics for the
purpose of enhancing the product and service, fulfilling our obligation
to monitor the product, optimizing marketing, improving the retailer network and for
conducting and improving support and analyzing device behavior e.g. with
respect to product safety).


 


Personal
data shall always only be used to the
extent absolutely necessary for the purpose
pursued. If at all possible only anonymized or pseudonymized data shall be processed.


 


The legal
basis for this processing of data is the performance and processing of our contract entered into with you, your
consent and our legitimate interest in enhancing our services, complying with our obligations to monitor the
product and ensuring product security.






(10.) Transfer of data/ commissioned processing


 


(10.1.) The registration data, machine, device and contract
data and/or location and usage data may
be disclosed to providers of technical services and call centers for the
purpose of support and for processing defects.


 


(10.2.) The registration data, machine, device and contract
data and/or location and usage data may
be disclosed to the preferred retailer indicated by the customer for the
purpose of support and for customer service and maintenance information.


 


(10.3.) The data thus disclosed may be used by our service
providers solely to perform these duties specified by us. No other use
of the data
is permitted. Agreements on commissioned processing always exist with these service
providers.


 


(10.4.) Subject to the above provisions, your personal data
shall not, in any event, be disclosed or notified to third parties for advertising or
marketing purposes or for other purposes without your having been asked and without your
consent. This does
not apply only if STIHL
Inc. is subject to a statutory obligation or order of a
governmental authority to disclose the data.


 


(10.5.) The legal basis for this data processing is always the
processing on our behalf in the context of the purpose
described and the legal basis indicated of the specific
processing transaction.






(11.) Rights of the data subject


 


As the data subject affected
by the data processing you have numerous
rights. The details
of these are as follows:


 


-    
The right of access, i.e. you have the right to obtain information on the data stored by us concerning you.


 


-    
The right to rectification and the right to erasure, i.e. you may request at any time that inaccurate data be corrected and - insofar
as the statutory requirements have been met - that your data be completed
or erased. Insofar as the erasure of data is
opposed by statutory record-keeping obligations, the processing of the
data shall be restricted (see
below).


 


-    
The right to restriction of processing, i.e. you may request of
STIHL - insofar as the statutory requirements have been met -
that STIHL restrict the processing of your
data






 


-    
The right to object to data processing if the legal basis for this is a “legitimate interest”, i.e. you
have the right to object to the data processing by STIHL at any time insofar as this is founded on the legal
basis of a “legitimate interest”. STIHL shall then discontinue processing the data unless STIHL can evidence - in
accordance with the statutory requirements - that there
are compelling legitimate reasons for further
processing the data which override the rights of the customer.


 


-    
The right to withdraw consent, i.e. insofar as you have
consented to the processing of your data you may withdraw this consent at any time
with future effect. The lawfulness of the processing of your data up to
the date of your withdrawal of consent shall remain unaffected by this.


 


-    
The right to lodge a complaint with the supervisory authority, i.e. you can lodge a complaint
with the competent supervisory authority if you are of the opinion that the processing of your data
is in breach of applicable law. In this
connection you may apply to the data protection authority responsible at your place
of residence or in your country or to the
data protection authority responsible for STIHL
Inc.


 


-    
The right to data portability, i.e. the right to receive the data which
have been provided, in a structured, commonly used and machine-readable format and to have them
transferred to another controller by STIHL.


 


-    
The right to receive a copy of your personal data which have been processed and stored
by us.


 


Please address your
correspondence in all
these cases in writing or by email
to the following contact data:


 


STIHL Incorporated, 536 Viking Drive, Virginia Beach,


Virginia 23452, E-mail: stihlcs@stihl.us, telephone: 1-800-467-8445;






(12.) Your Rights Under California Law


 


If you are a California
resident, you have a right to request from companies conducting business in California a list of all third
parties to which
the company has
disclosed Personal Information,
as defined under California Civil Code Section 1798.90(e), during the
preceding year for
third party direct
marketing purposes. We will respond to one request per California resident per calendar year, according
to California Civil Code Section 1798.83. You
may request this information in
writing by contacting us by mail at STIHL Inc., c/o Customer Service, 536 Viking Drive,
Virginia Beach, Virginia 23452, online at https://www.stihlusa.com/information/corporate/contact-us/ or by email at stihlcs@stihl.us. In your request, please attest to the fact that you are a California
resident and provide a current
California address for your response. Please
allow up to thirty (30) days for a response.






(13.) Amendments and supplements to the Privacy Notice


 


(13.1.) STIHL Inc. reserves
the right to amend and supplement these Privacy Notice for the STIHL Connected System.


 


The users
shall be notified in writing of such amendments and supplements prior to the
effective date of the amendment/supplement. The amendments/supplements
shall be deemed approved if the
user does not terminate the service operated by means of the STIHL
Connected System within 6 weeks of receipt of the notification (calculated



from the date of receipt of the notification); termination can be effectuated using the Mobile App or STIHL Connect Portal” setting
(“DELETE ACCOUNT”) or by notification (also possible
in writing by e-mail) to STIHL Incorporated, 536 Viking Drive, Virginia Beach, Virginia 23452, E-mail: stihlcs@stihl.us, telephone: 1-800-4678445.



 



Version of May 2018












































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