Professional

Privacy Policy for the VIVARES Cloud Services

As of May 2021

Preamble

At LEDVANCE, data privacy is our top priority. The careful handling of your personal data is important to us. That is why we handle your data confidentially, in strict compliance with the applicable data protection provisions.

In this privacy policy we would like to explain to you which data we use, at what point in time, and for what purpose (“Privacy Policy). Our objective is to make you aware of how we ensure the protection of your personal data, which is of utmost importance to us. We will not use your personal data unless we have your consent or legal permission.

The VIVARES Cloud Services Application (“Application”) is a web-based software application offering energy monitoring and maintenance assistance functions. The Application allows to visualize and analyze operational data collected by a light management system at one or more installation sites. The Application can be accessed by any device with a supported web browser.

To showcase our commitment to the GDPR and to data privacy within this Application, here are three pointers:

  • We collect a minimum amount of personal data of customers, which is first and second name, email address, password, and your location (country).
  • All personal data is exclusively hosted in Europe, specifically in Germany.
  • We have predefined and short storage periods for personal data. The Application stores back-up copies of data and data recovery procedures separately from where the primary storage and processing of the Application is located for a period of 13 months. After the deletion of the account the data will be generally deleted after 60 days.

Contents

I. Name and address of the data controller responsible for data processing
II. Name and address of the data protection officer
III. Data processing in the Application

a) Scope of the processing of personal data
b) Purpose of personal data processing
c) Legal basis for the processing of personal data
d) Storage period

IV. Transfer of data to third parties and hosting
V. Rights of the data subject

a) Right of access
b) Right to rectification
c) Right to erasure or restriction and objection
d) Right to notification
e) Right to data portability
f) Right to object
g) Right to withdraw data protection consent
h) Automated individual decision-making including profiling
i) Right to lodge a complaint with a supervisory authority

 

I. Name and address of the data controller responsible for data processing

The data controller responsible for data processing as defined in the European General Data Protection Regulation (GDPR) and other national data protection laws of the member states, as well as other data protection regulations, is:

LEDVANCE GmbH
Parkring 29-33
85748 Garching
Germany
+49 89 780673-100
contact@ledvance.com
www.ledvance.de

II. Name and address of the data protection officer

Contact details of the data protection officer:
DataCo GmbH
Dachauer Str. 65
80335 Munich
Germany
+49 89 7400 45840
privacy@ledvance.com
www.dataguard.de

III. Data processing in the Application

This page will inform you about the data processing of the Application. The Application is provided by LEDVANCE GmbH, Parkring 29-33, 85748 Garching, Germany ("LEDVANCE", "we", or "us").

a. Scope of the processing of personal data

The Application is a web-based software application offering energy monitoring and maintenance assistance functions which allows to visualize and analyze operational data collected by a light management system at one or more installation sites. The Application can be accessed by any device with a supported web browser.

In order to use the Application, you are required to provide us with the following personal data in the registration process:

  • first and second name;
  • email address;
  • password; 
  • your location (country).

You will then receive confirmation of your registration via email sent to the email address provided by you during the registration process.

b. Purpose of personal data processing

The purpose of the processing of personal data is to offer our customers the use of the Application. The purposes of data processing may be subject to contractual arrangements between us and parties used for providing the Application.


c. Legal basis for the processing of personal data 

The legal basis for the processing of your personal data is to fulfil a contract, or the performance of pre-contractual measures, Art. 6(1)(1)(b) GDPR.


d. Storage period

Personal data shall be stored for as long as as you use the Application and for as long as it is necessary to fulfil the purposes described in this Privacy Policy or as required by law, e.g., for tax and accounting purposes. Additionally, the Application stores back-up copies of data and data recovery procedures separately from where the primary storage and processing of the Application is located for a period of 13 months.

IV. Transfer of data to third parties and hosting

We will share personal data only in accordance with applicable law. We will not sell or otherwise share your personal data with third parties for our own marketing purposes without your consent or if it is not agreed upon in a respective contractual arrangement.

We may share your personal data with service providers that we use to provide the Application services, e.g. for the hosting of the Application. Engaged service providers may only use the data as per instructions issued by us and in accordance with contractual agreements between them and us. We warrant that all necessary legal arrangements are made to ensure security of personal data in case of subcontracting and that all engaged services providers are duly committed to confidentiality and data privacy.

We will share your personal data with law enforcement, government representatives or others where required by law. We reserve the right to use your personal data if we believe it is necessary to protect the rights, property, safety of us or to comply with a judicial proceeding, court order, or legal process, or as evidence in litigation in which we are involved.

The Application is hosted on the servers of a service provider commissioned by us. Your data is stored in systems located within the EU. We have taken appropriate steps to ensure that your personal data is adequately protected, consistent with the privacy principles set forth under this Privacy Policy.
 

V. Rights of the data subject

Where your personal data are processed, you are deemed a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

a. Right of access

If your personal data are processed, you have the right to receive information from the controller about the personal data that are stored about you (Art. 15 GDPR).


b. Right to rectification

If inaccurate personal data are processed, you have the right to rectification (Art. 16 GDPR).


c. Right to erasure or restriction and objection

If the legal requirements allow, you can request the erasure or restriction of processing, and object to the processing (Art. 17, 18, and 21 GDPR). 


d. Right to notification

If you have asserted your right to have the data rectified or erased or its processing restricted by the controller, the latter shall, in accordance with Art. 19 GDPR, inform all recipients to whom your personal data were disclosed about such rectification or erasure of data or restriction of processing, unless this proves impossible or involves disproportionate effort.


e. Right to data portability

If you have consented to the data processing or if there is a Data Processing Agreement in place, and the data processing is performed with the aid of automated processes, you may have a right to data portability (Art. 20 GDPR). 


f. Right to object

Pursuant to Art. 21 GDPR, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data based on Art. 6(1)(1)(e) or (f) GDPR, including profiling based on these provisions.


g. Right to withdraw data protection consent

If you have consented, by means of a corresponding declaration, to the processing by us, you can withdraw this consent at any time with future effect. Withdrawing your consent will not affect the legality of any data processing that took place before the withdrawal.

h. Automated individual decision-making including profiling

Pursuant to Art. 22 GDPR, you have the right not to be subject to decision-making or profiling based exclusively on automated processing that can have a legal effect against you or significantly impair you in a similar manner. 


i. Right to lodge a complaint with a supervisory authority

The data subject also has the right to lodge a complaint with a supervisory authority (Art. 77 GDPR).


The competent supervisory authority for LEDVANCE is:
Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Promenade 18
91522 Ansbach
 
This Privacy Policy has been created with the assistance of DataGuard.
 
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