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HNGRY Privacy Policy for Social Media Accounts

1 General

I. What does this Privacy Policy regulate?

We attach great importance to the protection and security of your personal data. We therefore consider it important to inform you about which personal data we use for which purposes and which rights you have in relation to your personal data.

Both the HNGRY Fan Page on Facebook (www.facebook.com/HNGRYapp) and also the profiles on Instagram (www.instagram.com/HNGRY_app & www.instagram.com/HNGRY_en) are information websites that inform prospective users of the benefits of the HNGRY smartphone app. Prospective users also have the option to download the HNGRY app directly via a link to the App Store or Play Store.

Please check carefully which personal data you share with us via Facebook and Instagram. Instagram is part of the Facebook group of companies and shares infrastructure, systems and technology with Facebook and other Facebook companies (https://www.facebook.com/help/111814505650678?ref=dp). If you are logged into your Facebook or Instagram account and visit our Facebook Fan Page or Instagram profile, Facebook can allocate this to your profile. We expressly refer to the fact that Facebook stores its users’ data (e.g. personal information, IP address etc.) and may use these for commercial purposes. You can find further information on data processing by Facebook and Instagram in Facebook’s privacy policy (https://de-de.facebook.com/policy.php) and Instagram’s privacy policy (https://help.instagram.com/519522125107875?helpref=page_content).

We have no influence over the data collection and further processing performed by Facebook. Furthermore, we cannot ascertain the extent to which, where and for how long the data are stored, the extent to which Facebook complies with applicable erasure obligations, which analyses and links are performed with data and to whom the data are forwarded. If you do not want Facebook to process personal data you have transmitted to us, please use another method of getting in touch with us. You can find our full contact details in our legal notice under Facebook and Instagram.

II. What are personal data and what does processing mean?

  1. “Personal data” (hereinafter also referred to as “data”) are any information that reveal something about a natural person. In addition to information that allows a direct inference about a specific person (such as a person’s name or email address), personal data also include information that can be linked to a certain person with appropriate additional knowledge.
  1. “Processing” refers to any action taken on your personal data (such as the collection, recording, organisation, ordering, storage, use or erasure of data).

2 Data processing via the HNGRY Social Media Fan Pages

I. Who is responsible for processing your data?

The controller responsible for processing your data is Liebherr-Hausgeräte GmbH, Memminger St. 77-79, 88416 Ochsenhausen, Germany, email: info.hau@liebherr.com, to the extent that we ourselves exclusively process data that you transmit to us via Facebook and Instagram.

If the data that you transmit to us via Facebook and Instagram are also or exclusively processed by Facebook (Insight data in Facebook), then Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, is the controller responsible for processing the data as defined in the General Data Protection Regulation (GDPR), in addition to us. To that extent, data processing is performed on the basis of an agreement between the joint controllers pursuant to Art. 26 GDPR, which you can view here (https://www.facebook.com/legal/terms/page_controller_addendum).

II. What data are collected for which purposes?

When the HNGRY Social Media Fan Page is accessed in Facebook, we process the following personal data belonging to you in this context:

1. Data processing upon making contact via Facebook

We collect personal data ourselves, if you e.g. contact us via a contact form or Messenger. You can see which data we collect when contact is made via a contact form on the contact form itself. This data is stored and used exclusively for the purpose of responding to your request or for making contact and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in responding to your request pursuant to Article 6 (1) (f) GDPR. If the purpose of the contact is to enter into a contract, the additional legal basis for the processing is Article 6 (1) (b) GDPR. Once your request has been conclusively answered, your data will be erased, unless statutory retention obligations require otherwise. We will assume that the matter has been conclusively processed if the circumstances indicate that the matter in question has been conclusively dealt with.

2. Data processing for statistical purposes using Page Insights

Facebook provides us with “Page Insights” for our Facebook page (https://www.facebook.com/business/pages/manage#page_Insights). These consist of aggregated data that can tell us how people interact with our page. Page Insights may be based on personal data that are collected in conjunction with a visit or interaction by people on or with our page and its content. Pursuant to Article 6 (1) (f) GDPR, the purpose of this is to protect our legitimate interests in an optimised presentation of our offerings and effective communication with the customers and prospective users, which prevail in a balancing of interests. You can object to the processing of your data for the foregoing purposes at any time by amending your ad settings accordingly in your Facebook user account at https://www.facebook.com/settings?tab=ads.

3. Data processing for public interaction with our Facebook Fan Page

The data that you enter directly on our Facebook Fan Page, such as comments, videos, images, ‘likes’ or other public interactions with our Facebook Fan Page, are published by Facebook. Similarly, posts in which you tag or mention our Facebook Fan Page or one of our hashtags may be shared by our Facebook Fan Page and thus published and utilised further on our Facebook Fan Page. Further usage also includes erasure, should this be necessary.

When a HNGRY Social Media Fan Page is accessed on Instagram, we process the following personal data belonging to you in this context:

4. Data processing on making contact via Instagram

We collect personal data ourselves, if you e.g. contact us via a contact form or Messenger. You can see which data we collect when contact is made via a contact form on the contact form itself. This data is stored and used exclusively for the purpose of responding to your request or for making contact and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in responding to your request pursuant to Article 6 (1) (f) GDPR. If the purpose of the contact is to enter into a contract, the additional legal basis for the processing is Article 6 (1) (b) GDPR. Once your request has been conclusively answered, your data will be erased, unless statutory retention obligations require otherwise. We will assume that the matter has been conclusively processed if the circumstances indicate that the matter in question has been conclusively dealt with.

5. Data processing for statistical purposes using Insights

Instagram provides us with so-called “Insights” for our Instagram profile (https://www.facebook.com/help/instagram/1533933820244654?helpref=related). These consist of aggregated data that can tell us how people interact with our page. Insights may be based on personal data that are collected in conjunction with a visit or interaction by people on or with our profile and its content. Pursuant to Article 6 (1) (f) GDPR, the purpose of this is to protect our legitimate interests in an optimised presentation of our offerings and effective communication with the customers and prospective users, which prevail in a balancing of interests. You can object to the processing of your data for the foregoing purposes at any time by amending your ad settings accordingly in your Facebook user account at https://www.facebook.com/settings?tab=ads. In order for this to affect your Instagram account, this needs to be connected with your Facebook account.

6. Data processing for public interaction with our Instagram profile

The data that you enter directly on our Instagram profile such as comments, videos, images, likes or other public interactions with our Instagram profile are published by Instagram. Similarly, posts in which you tag or mention our Instagram profile or one of our hashtags may be shared by our Instagram profile and thus published and utilised further on our Instagram profile. Further usage also includes erasure, should this be necessary.

We generally only process the data listed in points 1-6 for the following purpose:

Optimised presentation of our offering and more effective communication with the customers and prospective users (data categories used: 1-6)

III. On what legal basis do we collect your data?

In principle, the legal basis for processing your data is Art. 6 GDPR, in so far as there are no further specific legal provisions.

Your data is processed based on a balance of interests (Article 6 (1) (f) GDPR)

Our legitimate interests are:

  1. Optimised presentation of our offering and more effective communication with the customers and prospective users
  2. Contact by the user in order to respond to queries regarding the “HNGRY” product to enhance user satisfaction and to safeguard availability for (service) requests with regard to our products from prospective users/customers

If we process your data on the basis of a balance of interests, you have the right to object to the processing of your data under the provisions of Art. 21 GDPR.

We process your data only to the extent necessary for the fulfilment of the abovementioned purposes.

IV. To whom and for what purposes do we transfer which categories of your data?

Where necessary, we will transfer your data;

  1. to other Liebherr subsidiaries, if this is necessary for the initiation, execution or termination of a contract, or if there is a legitimate interest in the transfer on our part and your predominant legitimate interest does not lie in conflict with the same (data categories 1-6);
  2. To any court, arbitration tribunal, public authorities or legal advisor when required to comply with applicable law, or to assert, exercise or defend legal claims. (Data categories 1-6)

V. Will your data be processed outside the European Union?

Data transfer to processors in countries outside the European Union (so-called third countries) is only permitted (1) if you have given us your consent or (2) if the European Commission has decided that an adequate level of protection exists in a third country (Art. 45 GDPR). If the Commission has not made such a decision, we may only transfer your data to third parties located in a third country in so far as appropriate safeguards exist (e.g. standard data protection clauses adopted by the Commission or the supervisory authority in a specific procedure) and the enforcement of your rights is ensured, or the transfer is permissible in individual cases due to other permitted circumstances (Article 49 GDPR).

VI. When do we erase or anonymise your data?

We process your data as long as is necessary for the relevant purpose, unless you have effectively objected to the processing of your data or have effectively revoked your consent.

As far as statutory retention obligations exist – e.g. in commercial law or tax law – we will have to save the relevant data for the duration of the retention obligation. After the expiry of the retention period, we check whether there is any further need for processing. If there is no such further necessity, your data will be erased.

VII. To what extent is automated individual decision-making used in individual cases?

We do not deploy any automated decision-making in establishing and conducting the business relationship pursuant to Art. 22 GDPR. Should we use these processes in individual cases, we will notify you separately, to the extent prescribed by law.

3 Data Security

We use technical and organisational security measures in order to secure your data against loss, incorrect modification and unauthorised access by third parties. Moreover, on our part, only authorised persons will ever have access to your data, and they can only access it to the extent required within the framework of the purposes named above.

4 Data Subject Rights and Right of Appeal

Within the legal framework, you have the right to;

  1. information about your data;
  2. the correction of incorrect data and completion of incomplete data;
  3. the erasure of your data, in particular, if (1) they are no longer necessary for the purposes stated in this Privacy Policy, (2) you withdraw your consent and there is no further legal basis for processing, (3) your data have been unlawfully processed or (4) you have objected to the processing and there are no legitimate reasons for processing;
  4. restriction of the processing of your data, especially should you dispute the accuracy of the data or the processing of your data is illegal and you demand restriction of use in place of erasure;
  5. the right to receive your data in a structured, standard and machine-readable form and to demand that we transfer your data directly to another controller.

Please note that the lawfulness of processing based on consent prior to your withdrawal of such is not affected by your withdrawal of consent.

We ask for your understanding that, where the above rights are asserted, we may require you to provide evidence proving that you are the person you claim to be.

You also have a right of appeal with the responsible supervisory authority.

5 Who is the point of contact for data protection issues and how can I contact them?

Should you have any questions regarding data protection, please contact:

Data Protection

Liebherr-Hausgeräte GmbH

Memminger Straße 77-79

88416 Ochsenhausen, Germany

datenschutz.hau@liebherr.com

You can contact Facebook’s data protection officer via the online contact form provided by Facebook (https://www.facebook.com/help/contact/540977946302970).

Last updated: July 2020

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