Data protection notice for Axdia apps and ODYS ALPHA e-scooter applications (apps)

Date of entry into force: June 01, 2024

We at Axdia International GmbH (“Axdia”) know how important data protection is for our customers. Axdia is the data controller for the AX Home app and ODYS e-Scooter apps such as the “ODYS ALPHA X5 PRO SERIES” app, hereinafter collectively referred to as “Axdia Apps”. We have created this Privacy Notice to ensure that you understand how we collect and use your personal information.

Our privacy policy on https://www.axdia.com/datenschutz also applies to the use of Axdia Apps. Our privacy policy contains more information about how we use your data. It also contains information about your rights and how you can contact us. Please read our Privacy Policy in addition to this Privacy Notice. However, this Privacy Notice will always take precedence over the Privacy Policy in relation to how we use your information for Axdia Apps.

WHAT INFORMATION WE COLLECT?

Through Axdia Apps, Axdia collects and stores information about you in various ways.

Information provided directly by you

Your account information: Axdia Apps will collect such of your account information as is necessary to initialize and provide the Axdia Apps service to you. This includes information such as your name, your “Axdia Apps” ID, e-mail address, postal address, telephone number and your user name. Your account information includes not only the information you enter in the “Axdia Apps” app to create an Axdia Apps account, but also the account information in apps from external service providers that you allow to access Axdia Apps, as well as on devices registered to your Axdia Apps account (such as mobile devices).

Information about your use of Axdia Apps

In addition to the information you provide, we collect information about your use of Axdia Apps through software on your devices and other methods. We collect:

App usage information: We collect your usage information created when you use the Axdia Apps app, such as app logs, groups, rules, location identifiers, and your interactions with Axdia Apps (e.g., the app and websites you visit and the features you use) and other configuration information.

Information on home IoT devices: Because Axdia Apps may consist of multiple sets of home appliances, sensors, Axdia Apps hubs, smart products, home security cameras and other devices connected to Axdia Apps (“Home IoT Devices”), Axdia Apps also collects usage information about your Home IoT Devices, such as the model, name, group name or nickname and location name of the Home IoT Device and other settings, events and event settings assigned to the device (for example, if you set up a schedule reminder to be displayed on your home IoT device), the network connection information (including SSID and password) and network environment information, the device country code, device network operator, operating system version, IP address and IMEI, sensor and configuration data, error and fault logs, device identifier (e.g. ICCID) and the device and rule name. The main purpose for processing such information is to provide the service you have requested (although it may also be used for data analysis and to enable us to provide customized marketing communications if you have given us your separate consent). Examples of how we use your information to provide you with the Service are listed below. For example, if you use a motion sensor, Axdia Apps collects the information collected by the sensor (e.g. logs indicating movement in your home, that the lights have been automatically turned on or off, or if there is unexpected movement in your home) so that an alert can be sent. Axdia Apps also collects information relating to the usage settings of household appliances that are connected to Axdia Apps when you activate these functions. For example, the time information on the usage time of your vacuum/mopping robots and other information about the functions you have selected is collected. This is not only necessary for displaying the device status in your app, but also to help us understand how you use your home IoT devices so that we can work on further improving our services. In addition to the personal data mentioned above, we will collect your security logs, i.e. files that list the technical errors of your devices. These security logs will only be used to provide you with the technical assistance you need and to improve the Axdia Apps apps or the Home IoT devices.

Images, video clips and audio recordings: When you connect image, video or audio recording devices to Axdia Apps (including recordings by the Home Monitoring Device), Axdia Apps collects the images, video or audio recorded by those devices based on your selection (including your sharing of such media files with other Axdia Apps users or devices) to provide you with the service in the Axdia Apps app that you have requested.

Language information: When you use voice commands to control Axdia Apps, information about your conversations, including voice commands, is forwarded via Axdia Apps servers to process your command.

Location information: If you consent to the collection and use of location data, your geographic data will be collected to provide services or features that require location information. If you do not want your location information to be processed, you can deactivate this via the Axdia Apps settings.

Information in the map view of Axdia Apps: when using the Axdia Apps map view, information relating to the maps you have created (e.g. image, address, floor plan, placement of doors, windows and appliances and room layout)

We do not knowingly collect any sensitive personal data from you. However, please note that we cannot guarantee that sensitive information will not be inadvertently disclosed to us when you use the Axdia Apps app and other home IoT devices, e.g. the content of your audio or video recordings when you connect audio or video recording devices to Axdia Apps. If you submit information to Axdia Apps that is of a sensitive nature, it will also be collected and processed for the purposes listed below. However, we will not use this data for marketing purposes, to provide personalized recommendations or to improve our services.

We may also collect other information about you, your devices and apps, and your use of Axdia Apps through methods that we disclose to you at the time of collection or otherwise with your consent.

HOW WE USE YOUR INFORMATION?

We use the information collected:

to identify and authenticate you;
to enable you to control your home IoT devices in the Axdia Apps app;
to provide you with services or features that you request in the Axdia Apps app;
to respond to your requests and questions and to communicate with you in relation to Axdia Apps;
to provide assistance when you need technical support for the Axdia Apps app or home IoT devices and other maintenance services;
to link your account information with selected apps, devices, functions and services of external service partners and to enable interaction with them;
to operate, evaluate and improve Axdia Apps and our business (including developing new products and services; enhancing and improving our products, services and Axdia Apps; analyzing our products and services by aggregating and anonymizing data and performing data analytics and accounting, auditing and other internal functions);
to provide personalized recommendations related to home IoT devices and other useful services or features;
to provide you with easier access to your personal data generated by the products and services associated with your Axdia Apps account;
to comply with laws, regulatory obligations and legal processes; and
to protect the rights, property and/or safety of Axdria or our affiliates, business partners and/or customers.

Axdia processes personal information only for the purposes described above. Axdia's legal basis for processing personal information is set out below:

In order to keep our promise to you (fulfillment of the contract) GDPR Article 6(1)(b)	To identify and authenticate you. Provision of Axdia Apps and services and functions that you request in the Axdia Apps app, such as controlling your home IoT devices in the Axdia Apps app. To provide you with personalized content, such as the provision of recommendations. To allow you to interact with other Axdia and third-party content.
To further our business interests. (legitimate interest) GDPR Article 6(1)(f)	To operate, evaluate and improve Axdia Apps and our business. To respond to your requests, instructions and queries. To provide technical support and maintenance service for errors. In order to maintain sufficient safety measures. To make it easier for you to view your personal data associated with your Axdia Apps account. To protect ourselves against liability, including compliance with industry standards and enforcement of our policies.
To comply with laws, regulatory obligations and legal process. GDPR Article 6(1)(c)	To comply with applicable laws and regulatory, administrative or judicial orders.
With your consent GDPR Article 6(1)(a)	To provide you with Axdia Apps, e.g. if you choose to share audio, video and image clips. To process your location information to provide location-based features and services. To provide you with personalized content, such as the Personalized Service. To enable you to link your Axdia Apps account with third-party content.

WHO WE SHARE YOUR INFORMATION WITH?

We disclose your information internally within our company and to the following legal entities, but only for the purposes described above:

affiliated companies: other companies of the “Axdia International” group that we control or own;
Business partners: partners we work with to provide you with Axdia Apps, such as third-party products or services that you can connect to Axdia Apps so that you can control those products or services. These business partners control and manage your personal information;
Service providers: carefully selected companies that provide services to us or on our behalf, such as cloud platform providers that store data on our behalf. These providers are also obliged to protect your information;
other parties if required by law or to protect Axdia Apps: For example, we may be required to disclose your information by law, legal process or court order from governmental authorities. We may also be asked to disclose your information for law enforcement, national security, counter-terrorism or other public safety related reasons;
other parties in connection with corporate transactions: We may share your information with third parties as part of a merger or transfer, acquisition or sale, or in the event of bankruptcy; and
other parties with your consent or at your direction: In addition to the disclosures described in this Privacy Notice, we may share information about you with third parties if you provide separate consent or request such disclosure.

HOW LONG AND WHERE WE STORE YOUR INFORMATION?

How long your data is stored depends on the legal basis on which we rely to process your data. For example, data that we process to fulfill our contract with you must be retained throughout your use of Axdia Apps. As long as you are an active user of Axdia Apps, we will store and process this data. Data such as your account information and device information and identifiers fall into this category.

Data that we process to further our business interests, such as your use of Axdia Apps, will only be retained for as long as is necessary for the purposes for which it was collected. For example, this data may be collected to perform analytics so that we can develop improvements to Axdia Apps, or we may process data to keep a record of requests you have made through or via Axdia Apps to improve your experience with our customer service team.

We may also process your data on the basis of your consent. If you withdraw your consent, we will stop processing your data that is dependent on your consent, but this will not affect the processing of data collected prior to your withdrawal until the purposes for which such data was collected have been fulfilled.

Please note that, although our aim is to store your data for the above-mentioned period, your data may be processed for longer in accordance with applicable law. For example, if a specific law requires us to retain certain data, we will comply with these provisions and retain this data until the prescribed retention period has expired.

As long as your data is stored by us, your data is subject to appropriate security measures at all times.

Your use of Axdia Apps involves the transfer, storage and processing of your personal information predominantly in Germany, but also to other country(ies) which include countries in the European Economic Area. All international data transfers are subject to legal requirements to ensure that your personal information is processed securely and in accordance with your expectations.

HOW WE SECURE YOUR INFORMATION?

We take data protection very seriously. We have implemented physical and technical safeguards to protect the information we collect. Please be aware, however, that while we take reasonable steps to protect your information, no website, Internet transmission, computer system or wireless connection is completely secure.

WHAT RIGHTS DO YOU HAVE?

Your personal data belongs to you. You can ask us to provide you with details of what we have collected and you can ask us to delete this data or correct inaccuracies. You can also ask us to restrict or limit the processing, disclosure or transfer of your personal data and to provide you with the personal data we have collected so that you can use it for your own purposes. However, a request to delete your personal data may also result in a loss of access to Axdia Apps. We do not delete data that we are required to retain by law.

To make a request regarding your rights or to submit a query, please contact us using the methods described in the “CONTACT US” section below.

CONTACT

You can contact us if you wish to update your settings, exercise your rights or make a request or ask us questions.

You can also contact us at the following address:

Datenschutzbeauftragter Axdia International GmbH Hanns-Martin-Schleyer-Straße 36-38, 47877 Willich, Deutschland

The easiest way to contact our data protection officer directly is by e-mail:

datenschutzbeauftragter(at)axdia.de

You may lodge a complaint with the competent supervisory authority if you consider that our processing of your personal data infringes applicable law. Contact details for all EU supervisory authorities are available at https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

UPDATES TO THIS PRIVACY NOTICE

This Privacy Notice may be updated to inform you of changes to the way we collect and process your information in Axdia Apps and changes to applicable laws. The date on which the document was last updated is indicated at the top of this Privacy Notice.

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