Privacy policy for nymea products

The confidentiality and security of the processing of personal data is very important to us. We have reviewed our processes and ensured that they are in compliance with the General Data Protection Regulation (DS-GVO).

With this data protection declaration, we are fulfilling our duty to inform when collecting personal data in accordance with Articles 13, 14 DS-GVO.

This data protection declaration is on the status of 28.08.2018 and can be adapted at any time. We inform about changes to the data protection declaration on our website https://www.nymea.io/privacy-statement/en/nymea_privacy_en.txt.

Name and contact details of the responsible person and, if applicable, his representative
nymea GmbH
Gutheil-Schoder-Gasse 10
1100 Vienna
Austria

info@nymea.io
www.nymea.io

Contact details of the data protection officer
You can reach our data protection officer via the e-mail address privacy@nymea.io.

Basic description of data exchange with nymea products.
Privacy is our most important asset and is held in high regard at nymea. Most of the software is open source, so the underlying functionality of a nymea product can be understood by anyone. The code is available for viewing at https://www.github.com/nymea.
In principle, nymea products do not transfer any data to cloud servers. nymea products are edge-based products, so the functionality is located on the nymea product itself. Various end-user applications access these edge components directly. This can be done via directly in the local network or via a tunnel proxy service. In no case data is stored, except for the authentication tokens and various UUIDs needed to set up the communication channel (handshake).

Location data and access to background location information

The nymea end-user applications (nymea:ux) need access to Bluetooth and the local network to function correctly. For most operating systems, permission must also be granted to use location data from your end-user device in order to use these communication interfaces. The actual location is NOT shared with us or third parties and is stored locally on your end device.


Purposes for which personal data is to be processed and the legal basis for the processing

Personal data will be processed in connection with the use of your Maveo product. In detail:

The proper operation of your nymea product requires the use of an end-user app (nymea:ux) that can be installed on any terminal device (smartphone, tablet, PC, etc). In particular, access information, specifically Bluetooth and Wifi connection information, is exchanged between the app and the nymea product. A transmission of this data to us does not take place. The exchange of this information between the devices is technically necessary for the intended use of your nymea product. Insofar as this involves the processing of personal data, this is necessary for the performance of a contract to which the data subject is a party. The legal basis is Art.: 6 para: 1 letter b) DS-GVO.

For the purpose of product updates OTA, personal data is processed, namely in particular IP addresses, MAC addresses, CPU number and system UUIDs, which are stored in the update management system (dzt Mender) for unique identification. This data is sent to an update server hosted by nymea for the purpose of performing updates and synchronized. The basis for data processing is Art.: 6 para: 1 letter a) DS-GVO.

In addition, we collect personal data when you initiate a support case through a nymea end user app. Here, first name, last name, email address, CPU ID as well as problem definition are transmitted to nymea. You will be explicitly asked if you agree to remote maintenance.
If you agree to remote maintenance, our service technicians can view the status of your nymea product using remote service access (remote maintenance). The information read out includes CPU number and other UUIDs that can be assigned to you. This information is stored together with your hardware related machine data on one of our servers. Part of the maintenance service by a service technician may be network scans of the local network to find other devices or to find the cause if the communication between nymea product and third party devices is faulty. In this case, no data is transferred for storage, but a remote console (remote terminal) is used to work directly on the nymea product. Only for the purpose of documentation, the service technician will formulate the problem and file it in a ticket system for further internal processing. This data will be automatically deleted within three months after successful problem solving. The purpose of this storage is the proper provision of the maintenance services as well as the documentation of the proper service provision and the error analysis. The legal basis for this is Art.: 6 para: 1 letter b) as well as letter f) DS-GVO.


If the processing is based on Art.: 6 para: 1 letter f) DS-GVO, the legitimate interests pursued.

We pursue with the data processing outlined above in particular the legitimate interest of proper documentation of the provision of the contractual services.


Recipients or categories of recipients of the personal data.

We only pass on the personal data to:

Service companies for the purpose of providing maintenance services upon your request for such services;

Address and contractual data to tax advisors and lawyers bound to professional secrecy for the purpose of fulfilling our tax obligations and, if necessary, to enforce or defend our rights.
Insofar as a transfer of data takes place for the enforcement or defense of rights, the transfer is based on legitimate interests within the meaning of Art.: 6 para: 1 letter: f) DS-GVO.


If applicable, the intention to transfer personal data to a third country or an international organization

We do not transfer data to a third country or an international organization.

The duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration.

We store the aforementioned personal data until the purpose of their storage no longer applies. 
In the case of storage of address data and other personal data for the purpose of providing services, we delete this data when it is no longer required for the performance of the contract. This is particularly the case when a contractual relationship has been completely settled and warranty rights can no longer exist. In view of the statutory warranty period of 2 years from acceptance of the service, we delete the data after 3 years at the latest after the end of the contractual relationship.


Your rights
You have the following rights:


Right to information

You may request confirmation from us as to whether personal data concerning you is being processed by us.


If such processing exists, you can request information from us about the following:

the purposes for which the personal data are processed;
the categories of personal data which are processed;
the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by us or a right to object to such processing;
the existence of a right of appeal to a supervisory authority;
any available information about the origin of the data, if the personal data is not collected from you;
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 you.
You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DS-GVO in connection with the transfer. This right of access may be limited to the extent that it is likely to render impossible or seriously impair the achievement of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.

Right to rectification

You have a right to rectification and/or completion if the personal data processed concerning you is inaccurate or incomplete. Your right to rectification may be limited to the extent that it is likely to render impossible or seriously prejudice the achievement of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.

Right to restriction of processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

if you contest the accuracy of the personal data concerning you, for a period enabling us to verify the accuracy of the personal data;
if the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
we no longer need the personal data for the purposes of processing, but you need them for the establishment, exercise or defense of legal claims; or
if you have objected to the processing pursuant to Article 21 (1) DS-GVO and it is not yet clear whether our legitimate grounds override your grounds.
If the processing of personal data concerning you has been restricted - from being stored - such data may only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the processing has been restricted, we will inform you before the restriction is lifted.

Your right to restriction of processing may be limited to the extent that it is likely to make impossible or seriously impede the achievement of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.

Right to erasure

You may request us to erase the personal data concerning you without undue delay, provided that one of the following reasons applies:

The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
You withdraw your consent on which the processing was based pursuant to Art. 6 (1) (a) or Art. 9 (2) (a) DS-GVO and there is no other legal basis for the processing.
You object to the processing pursuant to Art. 21 (1) DS-GVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DS-GVO.
The personal data concerning you has been processed unlawfully.
The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which we are subject.
The personal data was collected in relation to information society services offered pursuant to Article 8(1) DS-GVO.
If we have made public the personal data concerning you and we are obliged to erase it, we shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

The right to erasure does not exist to the extent that the processing is necessary.

To exercise the right to freedom of expression and information;
for compliance with a legal obligation which requires processing under Union or Member State law to which we are subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89(1): DS-GVO, insofar as the right to erasure is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
for the assertion, exercise or defense of legal claims.
Right to information

If you have asserted the right to rectification, erasure or restriction of processing against us, we are obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.

Right to data portability

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from us, provided that

the processing is based on consent pursuant to Art. 6 (1) a) DS-GVO or Art. 9 (2) a) DS-GVO or on a contract pursuant to Art. 6 (1) b) DS-GVO and
the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from us to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

Right to object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) of the DS-GVO; this also applies to profiling based on these provisions.

We will no longer process the personal data concerning you unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to processing of the personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing. If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for this purpose.

You have the possibility, in connection with the use of information society services notwithstanding Directive 2002/58/EC exercise your right to object by means of automated procedures using technical specifications.

You also have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out 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 in the public interest.

Right to revoke the declaration of consent under data protection law.

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing including profiling which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

is necessary for the conclusion or performance of a contract between you and us,
is permitted by legal provisions of the Union or the Member States to which we are subject and these legal provisions contain appropriate measures to protect the rights and freedoms as well as your legitimate interests, or
is done with your explicit consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the above cases, we take reasonable steps to safeguard your rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person with us, to express your point of view and to challenge the decision.

Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

Notification as to whether the provision of the personal data is required by law or by contract or necessary for the conclusion of a contract, whether the data subject is obliged to provide the personal data and what the possible consequences of not providing it would be.