App Privacy

Here you can find our general app overview.

This data protection declaration is addressed to all users of the my wesmartify (“ App ”). wesmartify GmbH, TecCenter 1 in 31162 Bad Salzdetfurth, Germany, are responsible for the processing of personal data when using the app in accordance with the General Data Protection Regulation (“ GDPR ”).

“Personal Information” is any information relating to an identified or identifiable natural person. This includes, for example, your name, your e-mail address, but also your usage behavior. "Processing" or "process" means any process or series of processes carried out with or without the aid of automated processes in connection with personal data, such as their collection or storage. In addition, we refer to the definitions in Art. 4 GDPR.

1. Processing of personal data in connection with the use of the app

1.1 Downloading the App
If you download our app via the Apple App Store or Google Play (each “ App Store ”), the data required for this (including personal data) will be transferred to the respective App Store. This personal data regularly includes your e-mail address, your user name, your customer number in the relevant app store, the individual device ID of your mobile device and the time of the download from the app store. However, we have no influence on this data processing; it is carried out exclusively by the app store operator you have selected. In this respect, the data protection regulations of the respective app store apply exclusively. In this context, personal data may also be sent to providers in countries outside the European Economic Area which, from the point of view of the European Union ("EU"), do not guarantee an "adequate level of protection" for the processing of personal data that corresponds to EU standards.

1.2 Creating an account in the app
To use the app, you must create a user account (" account ") in the app, for which we process the personal data listed below.

Type of personal data
Creating an account:
Mandatory information
  • E-mail address
  • password
Optional
  • Surname
  • Profile picture
Processing purposes and legal basis You must create an account to use the app and the associated functions of the app. This makes it possible to trace which devices/products are registered and controlled via which account.
The processing of this data takes place for all mandatory information for the execution of the contract Article 6 paragraph 1 lit. b GDPR , for the optional information based on our legitimate interest Article 6 paragraph 1 lit. f GDPR to enable you to use the app individually.
We collect the personal data listed under this section directly from you by providing the personal data yourself. Without processing the personal data (with the exception of voluntary information), it is not possible to use the app.

1.3 Technically required data / permissions for certain functions
If you want to use our app, we process certain personal data that is technically necessary to provide you with the functions of our app and to ensure the stability and security of use.
In order for the app to work as intended after downloading, it is also necessary that you give us access to the network functions (WLAN or mobile Internet / mobile data), and optionally the location function, the camera function/photo library function or the Bluetooth function of your mobile end device and, as a result, certain personal data will be processed by us.

Type of data obtained:
Technically required
  • IP address
  • Time of account creation
  • Time of last change of account information
  • Date and time of login
  • OS version
  • app version
  • ID provided by Apple or Google, the operating system and the name of the end device you are using
Permissions
network access
  • Access authorization in connection with the data hereunder
location access
  • location information
Camera Access/Photo Library Access
  • QR and barcode scanning
  • Photos selected as the account picture
Bluetooth access
  • Local connection of the app to smart home devices
Processing purposes and legal basis:
This data is processed for the technical provision of the app.
Certain functions or the app as a whole can only be used if the necessary permissions are granted.
This data is processed in accordance with Article 6 paragraph 1 letter b GDPR and, to the extent necessary, based on our legitimate interest Article 6 paragraph 1 lit. f GDPR to maintain data security. Automatically collected technically required data will be deleted after the purpose of processing has been fulfilled, usually seven days after collection, unless longer storage is required in individual cases for reasons of data and system security, for error identification and correction or for the operation of the app . The technically required data is automatically recorded by our IT systems when the app is used. If the personal data is not processed, the app may not function at all or not optimally.
We collect the personal data in connection with the granting of authorizations directly from you by providing the personal data yourself. Authorizations are granted until you revoke them via the settings of your smartphone.
Without processing the personal data mentioned above, the app may not be able to be used in full or in accordance with its terms of use.

1.4 Enrollment and Control of Compatible Products
If you use this app to register and then control app products that we have designated as compatible with this app, we automatically process the personal data listed below.

Type of personal data:
  • Identifier (serial number or similar) and device group of the compatible products (thermostat, lamp, socket, etc.)
  • Configuration of the compatible products (status data, temperature, brightness, on/off, etc.)
  • New target temperature, time programs and parameterization of the compatible products
  • Date and time of requests with the app or language integration
  • Content of requests (status information, query, commands, changes, etc.)
  • Type of your end device (smartphone, tablet),
  • IP address of the end devices operated by the app
Processing purposes and legal basis: The processing takes place for the technical provision and use of the functions of the app. The temporary storage of the IP address during processing is absolutely necessary to enable the use of the app, in particular to control the products intended for this purpose.
This data is processed in accordance with Article 6 paragraph 1 letter b GDPR or according to Article 6 paragraph 1 lit. f GDPR due to our legitimate interest in continuously improving the functionality of the app.
Without processing the personal data, the app may not be displayed/used optimally or at all.

1.5 Contacting Us
If you contact us in connection with the use of the app, we may process the personal data you have given us in this context.

Type of personal data:
  • possibly name
  • if applicable, e-mail address
  • if necessary telephone number
  • possibly social media identities
  • date of request
  • specific concern
Processing purposes and legal basis:
We only process the personal data that you have provided and the processing of which is necessary to be able to process your request, for example to answer specific questions or to be able to provide general information about the app.
If you are a user of the app, the processing takes place after Article 6 paragraph 1 letter b GDPR . If you are not a user of the app, processing will take place after Article 6 paragraph 1 lit. f GDPR due to our legitimate interest in being able to process your request.
Providing your personal data is voluntary. If, depending on your request, you do not provide us with any or only the necessary personal data, we may not be able to process your request or not completely.

1.6 Use of the Support Feature
If you use the support function of the app, we process the automatically transmitted technical data in order to assign your request to your account, the content of the request and, if applicable, the device-specific data of your compatible products stored in our cloud.

Type of personal data:
  • IP address
  • E-mail address
  • date of request
  • content of the request
  • The personal data listed under Section 1.4
  • Access permission status
Processing purposes and legal basis:
The processing takes place to solve the support request made using the support functions. The temporary storage of the personal data listed above is absolutely necessary during processing in order to process and solve the support request.
This data is processed in accordance with Article 6 paragraph 1 letter b GDPR.
Providing your personal data is voluntary. If you do not provide us with the necessary personal data or grant access to it, we cannot process your support request.

2. Recipients of the personal data

2.1 We generally share your personal data with the following recipients:
  1. To process personal data for the purposes mentioned, we use contract processors who process the personal data on our behalf. We retain control of the respective personal data and remain responsible for data processing.
  2. In individual cases, we transmit personal data to courts, law enforcement authorities, supervisory authorities, other authorities, tax consultants and lawyers, insofar as this is legally permissible and necessary.

2.2 As part of an order processing relationship, the following service providers have access to your personal data:
  • the operator of the cloud system for controlling products via the app

3. Transfer of personal data to third countries

The processing of personal data by us takes place exclusively in the EU. If processing has to take place in a third country, we will ensure compliance with the requirements of the Art. 44 et seq. GDPR . to ensure.

4. Principles for the duration of processing

Unless specifically stated above for the individual processing, we will delete your personal data as soon as the purpose for which we collected and processed the data no longer applies.
Insofar as we are obliged under the applicable law to store certain personal data for legally stipulated periods (e.g. in connection with business transactions), we continue to store certain personal data for as long as we are legally obliged to do so. In this case, the legal basis for processing the personal data Article 6 (1) (c) GDPR .
Your personal data will be deleted immediately if they are no longer required to fulfill legal obligations. If deletion is not possible in individual cases, the corresponding personal data will be marked with the aim of restricting their future processing

5. Security

We have implemented technical and organizational measures to protect the data we process against manipulation, loss, destruction and access by unauthorized persons. We continuously improve these measures in line with technological developments.

6. Automated Decisions

We will use your personal data not use to make automated decisions that produce legal effects concerning you or similarly significantly affect you (including profiling).

7. Your Rights

7.1 According to the statutory provisions, you have the following rights with regard to the personal data concerning you:
  • the right to information (Article 15 GDPR),
  • the right to rectification (Art. 16 GDPR),
  • the right to erasure of your personal data (“right to be forgotten”) (Art. 17 GDPR),
  • the right to restriction of processing (Art. 18 GDPR),
  • the right to data portability (Art. 20 GDPR),
  • the right to object (Art. 21 GDPR).

7.2 If you have given us your consent to the processing of your personal data, you have the right to revoke your consent at any time without affecting the legality of the processing carried out on the basis of the consent up to the time of revocation (Article 7 (3) GDPR ).

7.3 You can assert the rights listed in Section 7.1 and/or 7.2 against us by contacting one of the offices listed in Section 8 by post or email.

7.4 You have the right to complain to a competent supervisory authority at any time.

8. Contact, Data Protection Officer

8.1 The body responsible for processing your personal data within the meaning of Art. 4 No. 7 GDPR is:

wesmartify GmbH
TecCenter 1
31162 Bad Salzdetfurth
+49 900 1994024
info@wesmartify.de
www.wesmartify.de

8.2 Our data protection officer is available to you at any time for all questions and as a contact person on the subject of data protection. His contact details are:

Ralph Klar
TecCenter 1
31162 Bad Salzdetfurth
info@wesmartify.de