Privacy Notice for MAX Home Elevators App

The MAX Home Stairlifts App (hereinafter referred to as “App”) shows you information regarding your Home Elevator and allows you to manage the different services and functionalities offered by TK Home Solutions.

When using the App, we process personal data. In doing so we ensure that we comply with the requirements of the General Data Protection Regulation (GDPR) and other applicable data protection laws and regulations.

Per dati Personal data refers to information that identifies you directly or indirectly, for example your full name or e-mail address. Below we give a detailed overview of how we process personal data and the personal data rights.

1. Who is responsible for the data processing and who is the data protection officer (DPO)?

   
   

   1. The Data Controller is the Company1 belonging to the TK Home Solutions group with which you have entered into a sales contract (and, eventually, a service contract) or which has supplied the Home Elevator to the distributor from whom you purchased the Home Elevator (hereinafter referred to as “we“ and/or “TK Home Solutions”).

      
      

   2. You can reach our Data Protection Officer by:

      • Email address at: dpo@tkelevator.com.

      • Postal address: see the address listed in Annex 1 Part B (EU/EEA – Home Solutions Entities) corresponding to the TK Home Solutions entity with which you have a service contract.

      
      

2. Scope and amendments to this privacy notice.

   
   

   1. This privacy notice applies exclusively to the processing of Users’ personal data when accessing and using the App (hereinafter referred to as “User/Users” or “you”).

      
      

   2. When utilizing the function ‘Add User”, the Master User responsible for sending the invitation to other users declares that s/he has obtained consent and/or possess a valid legal basis for providing the personal data of the Users Invited. Additionally, s/he declares that s/he has informed the Invited Contact about the processing of his/her personal data in accordance with Article 13 of the GDPR. TK Home Solutions is thereby exempted from any liability related to the processing of data for the purpose of sending the invitation to create an account in the App.

      
      

      1 The TKE Legal Entity acting as Controller may be one of the entities listed in Annex 1, Part B. EU/EEA – Home Solutions Entities. See Annex 1 by clicking <herei>.

   3. We reserve the right to amend this privacy notice from time to time in accordance with future changes relating to the collection and processing of personal data.

      
      

3. Which data categories do we use and where do they come from?

   
   

   The personal data processed in the App will be gathered from the following sources:

   
   

   1. From you, when you install and use the App:

      1. When you first download the App, you are requested to provide the following information to create your account: E-mail address, first name, last name and country of residence.

         
         

   2. When a User invites you to become a new user, the information that s/he provides is limited to what is necessary to send you an invitation to create an account in the App, specifically, your email address, first name and last name.

      
      

4. What are the purposes and on what legal basis are your data processed?

   
   

   We process your personal data primarily in the context of the contractual relationship between Home Solutions and you, or between Home Solutions and the User who invited you to use the App.

   
   

   In particular, the following data processing is necessary for the performance of the contract (Article 6 paragraph 1 lit.b GDPR):

   
   

   1. To create and assign you with access to the App according to the contractual requirements.

      
      

   2. To provide the service(s) you have contracted, including providing you with support and maintenance services, as well as providing you with a wide range of functionalities, such as Home Elevator information (e.g. real-time status, availability, usage, etc.), notifications, and other functionalities related to your Home Elevator.

      
      

      Moreover, we process personal data in order to safeguard our legitimate interests (Article 6 paragraph 1 lit. f GDPR) in accordance with Art. 32 (1) GDPR) and recital 49 GDPR. In doing so, we initiate a comprehensive balancing of interests to ensure that your interests are safeguarded. This includes the following purposes:

      
      

   3. To ensure network and information security, which may include, but is not limited to, the processing of personal data for login and authentication on the App, monitoring of networks and systems, management of security incidents and, management of business continuity plans and incident response.

      In addition, we potentially process personal data for compliance with a legal obligation to which TK Home Solutions and/or TKE is subject (Article 6 paragraph 1 lit. c GDPR):

      
      

   4. To establish, exercise and/or defend legal claims which may include litigation, arbitration, administrative or regulatory proceedings, including pre-dispute activities such as mediation, discovery and the collection of evidence; and as otherwise required by law.

      
      

      No automated decision-making or profiling of data is carried out for the abovementioned purposes.

      
      

      If we need to process your data in a different way or for purposes not mentioned in this privacy notice, we will notify you in advance and, if necessary, obtain your consent.

      
      

5. How long is your data stored?

   
   

   1. Your account information will be processed until you deactivate your account. After the termination of the contract or the deactivation of your account, we will delete your personal data within three (3) years.

6. Who receives your data?

   
   

   1. Within the Data Controller, only those persons and departments (e.g., IT & Digital) have access to your information who are required in order to provide you with the App services.

   2. Within our TK Elevator Group of Companies, some of your data may be transferred to specific locations within the Group (corporate/business area/group companies) if they perform centralized data processing tasks for the Group's affiliated companies (e.g., centralized IT applications). The transmission of personal data to TK Elevator Group is carry out under the legitimate interest of TKE (recital 48 GDPR).

      
      

   3. For the aforementioned purposes, we have individual services carried out by carefully selected and commissioned service providers (such as IT service providers, communication service providers). In individual cases, these service providers may be based outside the European Union (EU) and/or the European Economic Area ("third country"). In these cases, a transfer of personal data to third countries takes place. The transfer of personal data to third countries is carried out in compliance with the data protection regulations of the EU and the applicable national law. To ensure an adequate level of protection for your data, TK Home Solutions implement appropriate guarantees to establish an adequate level of data protection in accordance with legal requirements, including EU standard contractual clauses.

      
      

7. Which data protection rights can you claim as the person affected?

   1. You have the right to request access to the personal data we process about you, (Art. 15 GDPR). In addition, you may request the rectification or erasure of your data (Art. 16 & 17 GDPR). You may also be entitled to restrict the processing of your data and a right to release the data you provided in a structured, common, machinereadable format, provided this does not affect the rights and freedoms of others, (Art. 18 & 20 GDPR).

      
      

   2. If you have given us consent to process your data, you can revoke it at any time without any formal process. If you revoke your consent to process your data, you will not be able to use the App anymore. Please note that the revocation has no effect on the legality of the data processing performed before revocation.

      
      

   3. To exercise your rights, please contact the Data Protection Officer listed under section 1.2.

      
      

   4. In addition, you have a right of objection, which is explained in more detail at the end of this privacy policy (Art. 20 GDPR).

      
      

   5. You have the right to lodge a complaint with the Competent Supervisory2 for the TK Home Solutions entity who is responsible for the data processing of your personal data.

2 The Competent Supervisory Authority for each TK Home Solutions Entity is appointed in Annex 1, Part B. EU/EEA – Home Solutions Entities. See Annex 1 by clicking <herei>.