Privacy Policy for the "ASPHALT PRO" App
A. Name and contact details of the data controller
B. Name and contact details of the Data Protection Officer
C. Scope of the processing of personal data
1. Downloading the app
2. Using the app
3. User contacting us/support services provided by BOMAG GmbH
4. Using the statistics function on the Google Play Store
5. Postal advertising
D. Rights of the data subject
A. Name and contact details of the data controller
The controller within the meaning of the General Data Protection Regulation and other data protection regulations is:
BOMAG GmbH
Hellerwald, 56154 Boppard, Germany
Phone: +49 6742 1000
Fax: +49 6742 100 3090
E-mail: info@bomag.com
Website: www.bomag.com
Legal representatives: Ralf Junker, Dirk Woll, Dr. Ingo Ettischer
Contact details: see above
B. Name and contact details of the Data Protection Officer
The controller's Data Protection Officer is:
Andreas Mallmann
c/o BOMAG GmbH, Hellerwald, 56154 Boppard, Germany
Phone: +49 6742 1000
Fax: +49 6742 3090
E-mail: presse@compamedia.de
C. Scope of the processing of personal data
1. Downloading the app
We do not collect any personal data from the user when the user downloads the app. Data is collected by the app store operator, who you have created a user account with and who transfers the app to your device.
2. Using the app
When you use the app, it records the current location of your mobile device using the detected GPS signal. This information is used to create a geo-reference to the place and time of unloading on receipt of delivery notes and to assign the mixture, with its specific information, to a layer.
QR codes are sometimes used to read digital delivery notes for the delivery of mixtures. After the QR code has been scanned (the app requires permission to access the camera of your mobile device to do this), the information that it contains, such as mixture batch, tonnage, loading temperature, etc., is stored in the cloud backend. The image data is not sent to BOMAG at any time.
For better support, ASPHALT PRO provides a system online status view. This displays system information, which is helpful when providing support by phone. The following information is displayed: ASPHALT PRO version, platform, operating system, operating system version, device name, browser version, network connection type, memory usage, hard disk capacity, battery level, charge level and selected language.
This information is displayed on the device and can be actively sent to BOMAG support by entering the company name, user name and e-mail address.
This data is not sent automatically and cannot be viewed by BOMAG.
The app does not contain any integrated analysis tools (recording use of the app). We therefore do not collect any personal data when you use the app.
3. User contacting us/support services provided by BOMAG GmbH
If errors occur when you use the app or if you contact BOMAG GmbH as the manufacturer of the app for other reasons, we process the data we need from you in order to respond/fulfil your request. If you provide us with your name and postal address, we process this data in accordance with section C 5 (postal advertising).
The data collected by us is deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. If the request relates to a concluded contract or a contract under negotiation, the contents and times of communication are stored until any claims arising from such contract have expired.
In other cases, the personal data from your e-mail request is restricted for further processing and only used for the defence of any legal claims that may arise once the relevant conversation with you has ended. The conversation is ended when it can be inferred from the circumstances that the facts in question have been clarified in full. After the expiry of the limitation period, the data is deleted.
The legal basis for this is Article 6(1)(f) GDPR. If the aim of contact is to conclude a contract, the additional legal basis for processing in Article 6(1)(b) GDPR applies.
The data is not passed on to third parties in this case. The data is used exclusively for processing and answering the request for contact. We use our own web server and our own IT system for you to send us your requests for contact and to process your requests for contact.
Objection
You may object to the use of your personal data at any time, where the legal basis for its processing is Article 6(1)(f) GDPR. If you object, no further conversation is possible. Section D also applies.
4. Using the statistics function on the Google Play Store
The Google Play Store provides us with the following statistical information in the form of reports:
- Installations of the app per day/week/month
- Uninstallations of the app per day/week/month
- Average rating of the app by the app users
- Number of ratings received
- App crashes and "app not responding" (ANR) errors on Android devices, where users have agreed to automatically share usage and diagnostics data.
- Installations of the app per country
- Top 5 countries for downloads
- Number of Android devices that have been online at least once in the last 30 days and on which the app is installed
- Number of devices on which an update of the app has been installed
- Number of users who have installed the app for the first time on at least 1 device
- Number of users who have uninstalled the app on all their devices
- Number of app installations on devices, including devices on which the app has been previously uninstalled and then reinstalled
- Number of app updates
- Number of app uninstallations
- Number of devices on which the app has been launched at least once per day
- Number of times the app is opened per day
- Types of Android operating system versions reported by the user's device
- Type and number of device names on which the app is installed
- User language settings for the Android operating system
- Network operator of the user, if applicable
- Number of installations per app version
BOMAG GmbH only has access to the above information as aggregated, i.e. compiled or combined data, per category. BOMAG GmbH is not shown any information per device or per app that is used. The information is not linked to you as a user, by user name, account, e-mail address, IP addresses, device ID number or the serial number of the compactor or any similar data.
This data is collected and analysed for technical reasons, for development and for marketing.
5. Postal advertising
If you provide us with your name and postal address, we store this data for possible future postal advertising of our products (letters). The data may be made available to an external service provider for franking and mailing, if necessary. This service provider acts in accordance with our instructions and on our behalf. It is based in the European Union. Data is not disclosed to any other third party. The data is deleted as soon as it is no longer necessary to achieve the purpose for which it was collected or if you have objected to processing of the data.
The legal basis for this data processing is Article 6(1)(f) GDPR. Sending you product information by post is a legitimate interest of our company.
Objection
You may object to this use of your personal data at any time. In this case, we shall stop sending you postal advertising. Section D also applies.
D: Rights of the data subject
As a data subject, you have a right of access to the data that we have stored concerning you, free of charge, and, if applicable, a right to rectification, to restriction of processing, to erasure (deletion), a right for third parties to be notified, a right to data portability, a right to object, a right to withdraw consent you have given under data protection law, to not to be subject to automated decisions and a right to lodge a complaint with the competent data protection supervisory authority. You can find more details on these rights below.
If you have any questions regarding data processing or the exercise of your rights, you can contact us, the controller, or our Data Protection Officer; see the contact details under sections A. and B. of this Policy.
1. Right of access
When we process your personal data, to obtain from use, as the controller, confirmation as to whether or not personal data concerning you is being processed. Where that is the case, you as the data subject have the right of access to such personal data and to the following information:
a) the purposes for which the personal data is processed;
b) the categories of personal data processed;
c) the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing;
f) the right to lodge a complaint with a supervisory authority;
g) where the personal data is not collected from the data subject, any available information as to its source;
h) the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you as the data subject.
You have the right to be informed as to whether the personal data concerning you is transferred to a third country or to an international organisation. Where this is the case, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.
2. Right to rectification
You have the right to rectification of personal data and/or to have incomplete personal data completed for any personal data concerning you that is processed and that is incorrect or incomplete.
3. Right to restriction of processing
You have the right to the restriction of processing of personal data concerning you where one of the following applies:
a) if you have contested the accuracy of the personal data concerning you, processing of the data shall be restricted for a period enabling us as controller to verify the accuracy of the personal data;
b) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of use of the personal data instead;
c) we, as the controller, no longer need the personal data for the purposes of the processing, but the data is required by you for the establishment, exercise or defence of legal claims;
d) if you have objected to processing pursuant to Article 21(1) GDPR and we, as the controller, are checking whether the objection is legally valid. Processing of the data shall be restricted, pending the verification whether the legitimate grounds of us, the controller, override the legitimate grounds of you, as the data subject.
Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, we shall inform you before the restriction of processing is lifted.
4. Right to erasure
a) Obligation to erase
You have the right to obtain from us, as the controller, the erasure of personal data concerning you without undue delay and we as the controller shall have the obligation to erase such personal data without undue delay where one of the following grounds applies:
a) the personal data us no longer necessary in relation to the purposes for which it was collected or otherwise processed;
b) you withdraw consent on which the processing is based according to point (a) of Article 6(1) GDPR, or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing;
c) you object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR;
d) the personal data has been unlawfully processed;
e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
f) the personal data has been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
b) Informing third parties
Where we, as the controller, have made the personal data concerning you public and we are obliged pursuant to Article 17(1) GDPR to erase the personal data, we, as the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you, as the data subject, have requested the erasure by such controllers of any links to, or copy or replication of, such personal data.
c) Exceptions
The right to erasure and for third parties to be informed does not apply to the extent that processing is necessary:
a) for exercising the right of freedom of expression and information;
b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) GDPR as well as Article 9(3) GDPR;
d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to under a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
e) for the establishment, exercise or defence of legal claims.
5. Right to rectification
We shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data concerning you has been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to be informed about those recipients by us, the controller.
6. Right to data portability
You to receive the personal data concerning you, which you have provided to us, as the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit that data to another controller without hindrance from us as the controller to which the personal data has been provided, where:
a) the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR; and
b) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data transmitted directly from us, as controller, to another controller, where technically feasible. This must not adversely affect the rights and freedoms of others.
The right to data portability not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in use, as the controller.
7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions
As the controller, we shall no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise you right to object by automated means using technical specifications.
8. Right to withdraw consent for data protection purposes
You have the right to withdraw your consent for data protection purposes at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
9. Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
This shall not apply if the decision:
a) is necessary for entering into, or performance of, a contract between you and us, as the data controller;
b) is authorised by Union or Member State law to which we, as the controller, are subject and which also lays down suitable measures to safeguard you rights and freedoms and legitimate interests; or
c) is based on your explicit consent.
However, such decisions shall not be based on special categories of personal data referred to in Article 9(1) GDPR, unless point (a) or (g) of Article 9(2) GDPR applies and suitable measures to safeguard you rights and freedoms and legitimate interests are in place.
In the cases referred to in points (a) and (c), we, as the data controller, shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on our part, as the controller, to express your point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.