1. General

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We take the protection of your personal data very seriously. We treat your personal data confidentially and also according to the legal data protection regulations, as well as this data protection declaration. Should you have any concerns or questions regarding the collection of your data, you will find the relevant contact details of the responsible contact person at the end of the text.

This data protection declaration applies to our mobile iPhone and Android app (hereinafter referred to as “App”) in connection with our myTEM SmartHome System. It explains the type, purpose and scope of data collection within the framework of app use.

We would like to point out that data transmission on the Internet may have security gaps. It is not possible to completely protect data from access by third parties. Personal data is all data that can be related to you personally, e.g. name, address, e-mail addresses, user behavior. We collect and use personal data of App users only to the extent necessary to provide a functional App and our content and services.

According to applicable regulations, this data is only stored for the time necessary for the purposes described. Exceptions apply if longer storage is provided for by the DSGVO. The legally valid regulations for the deletion of data are observed. The collection and use of personal data of users is only carried out with the consent of the user. An exception is made in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by legal regulations.

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2. Legal basis

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2.1 Insofar as we obtain the user’s consent for the processing of personal data, Art. 6 para. 1 lit. a DSGVO serves as the legal basis for the processing of personal data.

2.2 In the processing of personal data required for the performance of a contract to which the user is a party, Art. 6 para. 1 lit. b DSGVO serves as the legal basis. This also applies to processing operations necessary for the performance of pre-contractual undertakings.

2.3 Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.

2.4 In the event that vital interests of the user or another natural person make it necessary to process personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.

2.5 If the processing is necessary to protect a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the user do not outweigh the former interest, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for the processing.

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3. Data deletion and storage duration

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The user’s personal data will be deleted or blocked as soon as the purpose for which it was stored no longer applies. Furthermore, the storage can be continued if this is provided for by European or national legislation, regulations or other rules. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the fulfilment or execution of a contract.

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4. Collection of personal data when using the app

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4.1. Downloading the App

When you download the app from the App Store, the necessary information is transferred to the App Store, in particular the user name, e-mail address and customer number of your account, the time of the download and the individual device identification number. We have no influence on this data collection and are not responsible for it. We process this provided data as far as it is necessary for downloading the App to your smartphone and will not store it further. The transfer to the respective App Store and the temporary storage of the data is necessary to enable the user to download the App. These purposes also include our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f DSGVO.

The data will be deleted as soon as they are no longer required to achieve the purpose. The data transfer to the respective App Store and the temporary storage of the data is mandatory for downloading the App. There is therefore no possibility for the user to refuse this.

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5. Use of the app / scope of data processing

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The app and the myTEM Smart Home have two operating modes: a) Operation only in the local network (local WLAN or LAN) in which your myTEM Smart Home is installed, without access via an Internet connection, or b) Operation via Internet connection, so that you can also access your myTEM Smart Home via any external Internet connection.
In the case of operating mode (a), exclusively in the local network, no personal data is collected or stored.

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When using the app via operating mode (b), we collect or use the following data:

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• ID of the anonymous user account (assigned automatically)

• ID provided by Apple or Google for the device you are using

• Serial number and license key of the myTEM server

• Configuration of the installation at the user’s site; in particular all devices, their serial numbers, their settings and shortcuts, the definition of rooms, time programs and rules for actions

• Time zone difference from the Greenwich Mean Time (GMT) of the installation

• Date and time of requests with the app

• Content of the requests (status information, query, commands, changes)

• Access status / HTTP status code

• Version of the used App

• Version of the operating system of your device

• Type of your device (smartphone, tablet, manufacturer)

• Country from which is accessed

• Change history of the myTEM Server during the last 7 days

• Name of the network provider

• Language of the app installation

• IP address of the myTEM server and the terminal on which the app is running

• When you register in the myTEM Cloud for the first time, your email address and personal data, if you provide us with these voluntarily

 

This data is stored in the myTEM Cloud. When the app is installed, an anonymous user account is set up for which a unique number (user account ID, hereinafter referred to as “ID”) is created. This ID is a unique identifier for your account and the devices you control with the App. Your full IP address is only stored temporarily, i.e. for the duration of your use of the App. The ID and / or IP address will not be stored together with other personal data of the user. When the myTEM Server is installed, its IP address is stored and assigned to the anonymous user account.

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While the IP addresses of the end devices and the access point are not stored or are only stored as described above, they are inevitably required for the technical process of the App’s functionalities and are therefore kept transient (visible) in the memory of the computer systems of the myTEM Cloud.

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We need your email address to send you the access code to the Cloud. With this procedure we ensure that no unauthorised person can register in the cloud on your behalf. We also use the email address to send you information if important updates are required for security reasons. The legal basis for data processing is Art. 6 Para. 1 lit. b DSGVO, insofar as this serves to fulfil the user agreement with the user, and otherwise, particularly with regard to the security measures we have taken, our legitimate interest in accordance with Art. 6 Para. 1 lit. f DSGVO.

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The collection of this data is necessary in order to offer you the functions of our myTEM Smart Home solution with the App and to guarantee stability and security. Temporary storage of the IP address is absolutely necessary during operation in order to enable the functions of the App and the myTEM server. Furthermore, the storage of the ID is also necessary to enable the control of the end devices by the app. The above-mentioned purposes are our legitimate interest in data processing according to Art. 6 para. 1 lit. f DSGVO, especially with regard to the storage and processing of IP addresses for security purposes.

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6. Duration of storage

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The data will be deleted as soon as they are no longer necessary for the achievement of the purpose. The IP addresses are temporarily retained and stored as long as a connection between myTEM Server and the Cloud exists (i.e. during the app’s usage). The IP addresses and technical log data stored in the backend system of the myTEM Cloud (firewall) for the security of the system will be deleted after a reasonable period of time.

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6.1 Possibility of refusal and removal

The collection of data for the provision and use of the app and the storage of the data is mandatory for the secure operation of the app. The use of an ID is absolutely necessary to identify the anonymous user account, as no other data is available. Consequently, there is no possibility of refusal by the user.

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7. Use and collection of locational data

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7.1 Description and scope of data processing

In order to provide you with certain functions in your myTEM Smart Home (e.g. shading depending on the position of the sun), we collect your position data by recording your geoposition. This data is collected in anonymous form. The use of location data is necessary to provide the user with appropriate location-based functionality.

7.2 Duration of storage

Your location will only be transferred to us if you use the app to take advantage of functions that we can only offer you if we know your location. The data will be deleted as soon as it is no longer required for the purpose of its collection or if you revoke the rights to use the data. Your location data will not be stored beyond this.

 

7.3 Possibility of removal

You can disable this function at any time in the settings of the app or your operating system by deactivating the function or turning it off in the function block on your server.

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8. Statistical evaluation of anonymous user data

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8.1 Description and scope of data processing

We use anonymous data of the usage for statistical analysis of the usage behaviour of the App users. The anonymized data is not stored together with other personal data of the users.
The legal basis for the anonymization and processing of usage data is our legitimate interest according to Art. 6 para. 1 lit. f DSGVO.

8.2 Purpose of data processing

We use the anonymized data to optimize the functionality of the app and to develop new or improved applications of the app. These purposes also include our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f DSGVO.

8.3 Duration of storage

The anonymised usage data is deleted as soon as it is no longer required for the purpose of its collection.

8.4 Possibility of objection and removal

Due to the exclusive use of anonymous data, the user has no opportunity to object.

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9. Your rights

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You have the following rights with respect to the personal data concerning you:

• Right of information

• Right of correction or deletion

• Right to restrict processing

• Right to object to the processing

• Right to data transferability.

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You also have the right to complain to a data protection supervisory authority about the processing of your personal data in our company.

You have the right to revoke your declaration of consent under data protection law at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.

Please send all requests for information, requests for disclosure or objections to data processing by e-mail to datenschutz@mytem-smarthome.com or to the following address:

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TEM AG
Triststrasse 8
7000 Chur, Switzerland
Tel +41 81 254 25 25
info@tem.ch

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10. Modification of the privacy policy

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As the responsible party, we reserve the right to change the data protection declaration at any time with regard to applicable data protection regulations.
Status (May 2020)