1. Information On The Collection Of Personal Data And Contact Details
1.1 Personal data is all data with which you can be personally identified. 1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is LinkDesk GmbH & Co. KG, Wolfratshauser Str. 150, 82049 Pullach, Germany, Phone: +49 89 21555001, E-Mail: [email protected]. The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data. 1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.
2. Data Collection When You Visit Our Website
When using our website for information only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called “server log files”). When you visit our website, we collect the following data that is technically necessary for us to display the website to you: – Our visited website – Date and time at the moment of access – Amount of data sent in bytes – Source/reference from which you came to the page – Browser used – Operating system used – IP address used (if applicable: in anonymized form) Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.
3. Content Delivery Network
Cloudflare On our website we use a content delivery network (“CDN”) of the technology service provider Cloudflare Inc., 101 Townsend St. San Francisco, CA 94107, USA (“Cloudflare”). A Content Delivery Network is an online service used to deliver large media files (such as graphics, page content or scripts) through a network of regionally distributed servers connected via the internet. The use of Cloudflare’s content delivery network helps us to optimise the loading speeds of our website. The processing takes place in accordance with Art. 6 (1) point f GDPR on the basis of our justified interest in a secure and efficient provision, as well as improvement of the stability and functionality of our website. Cloudfare Inc., based in the USA, is certified for the US-European data protection agreement “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU. For more information about Cloudfare’s data protection policy, please visit https://www.cloudflare.com/privacypolicy/
In order to make your visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the content of a virtual shopping basket for a later visit to the website). If personal data are also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit. We work together with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). You will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following sections. Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find these for the respective browsers under the following links: – Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies – Firefox: https://www.mozilla.org/en-US/privacy/websites/#cookies – Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en – Safari: https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac – Opera: https://help.opera.com/en/latest/web-preferences/#cookies Please note that the functionality of our website may be limited if cookies are not accepted.
5. Contacting Us
5.1 Contacting Us When you contact us (e.g. via contact form, chat or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. These data are stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided that there are no legal storage obligations to the contrary. 5.2 Crisp Live Chat System On our website we use a chat service of the technology service provider Crisp IM SARL, 149 Rue Pierre Semard, 29200 Brest, France (“Crisp”). Cookies are used to operate the chat feature. Cookies are small text files that are stored locally in the cache of the visitor’s internet browser. Cookies enable the recognition of the site visitor’s internet browser to allow us to distinguish between the individual users of the chat feature on our website. If the information collected in this way is related to personal data, it is processed in accordance with Art. 6 Para. 1 (f) GDPR on the basis of our legitimate interest in effective customer service and statistical analysis of user behavior for optimization purposes. To avoid the storing of cookies, you can set your internet browser in such a way that cookies can no longer be stored on your computer or that cookies that have already been stored are deleted (see “Cookies” section). Disabling all cookies, however, may prevent the chat function from being executed on our website. For more information about Crisp’s data protection policy, please visit https://crisp.chat/en/privacy/
6. Use Of Your Data For Direct Advertising
7. Use of Vimeo Videos
9. Web Analysis Services
10. Tools And Miscellaneous
11. Rights Of The Data Subject
11.1 The applicable data protection law grants you the following comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data: – Right of access by the data subject pursuant to Art. 15 GDPR – Right to rectification pursuant to Art. 16 GDPR – Right to erase (“right to be forgotten”) pursuant to Art. 17 GDPR – Right to restriction of processing pursuant to Art. 18 GDPR – Right to be informed pursuant to Art. 19 GDPR – Right to data portability pursuant to Art. 20 GDPR – Right to withdraw a given consent pursuant to Art. 7 (3) GDPR – Right to lodge a complaint pursuant to Art. 77 GDPR 11.2 RIGHT TO OBJECT IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS. IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
12. Duration Of Storage Of Personal Data
The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax retention periods). After expiry of this period, the corresponding data will be routinely deleted, provided they are no longer necessary for the performance or initiation of the contract and/or there is no longer any legitimate interest on our part in further storage.
Devices App / Room Locator
13. Information on the Collection of Smart Home Data
The LinkDesk Devices app (hereinafter referred to as “app”) uses Apple HomeKit and IFTTT. This does not involve any transmission to Apple or IFTTT of data on the devices that you control. When you use Apple Siri, information on what devices you control will be connected with a random User ID only. This ID cannot be related to you.
14. Data on your Apple device
The following data is collected when you use the app. It is processed on your Apple iPhone, iPad or Apple Watch and used to store your personal preferences or make suitable proposals for you: assigning icons to devices, smart home scenes, order of device categories, dates of use of smart home devices, temperature unit and localization. This serves according to art. 6 (1) 1 lit f GDPR the protection of our legitimate interests in the proper presentation of our offer that are overriding in the process of balancing of interests. Data of your smart home is stored on your Apple iPhone, iPad or Apple Watch in encrypted form. The “Enter” and “Leave” events of a LinkDesk Room Locator, the building structure and the name of your Apple iPhone or iPad are optionally transmitted to our servers in Germany and transferred to the IFTTT web service on servers in the USA. All other data is not transmitted to us or third parties, but it is synchronized with Apple iCloud so that Apple stores it in your personal iCloud account on servers in the USA.
15. Transmission of data to Apple and IFTTT
The following data is collected, processed and used and is stored by Apple on servers in the USA when you use the app: data on your smart home (smart home user, building structure, smart home devices, smart home device scenes and smart home device triggers based on location, time and device state). As an option, also your location (using iBeacons, LinkDesk Room Locators and GPS) and Wi-Fi logon information may be collected, processed and used in order to simplify displaying and controlling the available devices. Using your Apple Touch ID or Face ID you can protect access to the app and your data. The following data is collected, processed and used and is stored by IFTTT on servers in the USA when you use the app: data on your smart home („Enter“ and „Leave“ events of a room, building structure), name of your iPhone or iPad.
16. Data Processing When Opening A User Account
Pursuant to Art. 6 (1) point b GDPR, personal data will be collected and processed if you provide them to us when opening a user account. Registration at https://my.linkdesk.com/ is optional, but is especially necessary if the full functionality of the LinkDesk Room Locator is desired. Upon registration, we will ask you to provide to us: your email address, a username chosen by you and a password chosen by you. Your user account is used to save your personal settings and, optionally, to process the “Enter” and “Leave” events of a LinkDesk Room Locator. We will not use your personal data for other purposes without asking for your prior consent. It is possible to delete your user account at any time. This can be done by sending a message to the previously mentioned address of the controller. We store and use the data provided by you for contract processing. After complete processing of the contract or deletion of your customer account, your data will be blocked in consideration of tax and commercial retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by our site.
17. Apple App Analytics
The app uses Apple App Analytics, a web analysis service of Apple Inc. (‘Apple’), that captures and analyzes app usage data and crash reports from the Apple iPhone or iPad. For this purpose, selected actions are transmitted encrypted and pseudonymized to Apple during the use of the app in order to analyze the general user behavior with regard to efficiency, similar viewing modes and app crashes, and to draw conclusions on the continuous improvement of the app as part of the evaluation. This serves according to art. 6 (1) 1 lit f GDPR the protection of our legitimate interests in the proper presentation of our offer that are overriding in the process of balancing of interests.
18. Fabric (including Crashlytics)
The app uses Fabric (including Crashlytics), a web analysis service of Google Inc. (‘Google’), that captures and analyzes app usage data and crash reports from the Apple iPhone or iPad. For this purpose, selected actions are transmitted encrypted and pseudonymized to Fabric during the use of the app in order to analyze the general user behavior with regard to efficiency, similar viewing modes and app crashes, and to draw conclusions on the continuous improvement of the app as part of the evaluation. This serves according to art. 6 (1) 1 lit f GDPR the protection of our legitimate interests in the proper presentation of our offer that are overriding in the process of balancing of interests.
19. Other data that is processed by the app
The following data is processed and used when you use the app, but it is not stored on your Apple iPhone, iPad or Apple Watch: data from Apple’s HomeKit database and retrieval of the region on your Apple iPhone or iPad in order to make proposals for suitable smart home configuration and localization. You may end the collection, processing and use of your personal data at any time by uninstalling the app. Data stored by Apple in the HomeKit database and by IFTTT on their servers will not be deleted. We will not process and use your data for advertising. Data is not shared with third parties, except with Apple, IFTTT and Google to the extent mentioned above.