Data Protection Notice
1. Protection of Personal Information
ELKO commits to ensure an adequate level of protection for personal information in compliance with applicable laws.
During the use of our services, you would need to provide personal information and documents to ELKO AS. (“ELKO”). Such personal information and documents will be stored and processed in the ELKO SMART Downloadable Mobile Application (“Mobile Application”) implemented by ELKO and used within the Group of Schneider Electric.
In its efforts to protect personal information, ELKO has adopted a Schneider Electric Global Data Privacy Policy which imposes common rules for the collection, use and disclosure of personal information by all Schneider Electric entities (including ELKO and all its affiliates) globally and aims at ensuring a high level of protection of personal information within all Schneider Electric entities. The Global Data Privacy Policy is available on https://www.schneider-electric.com/en/about-us/legal/data-privacy.jsp. Schneider Electric Global Data Privacy Policy is an integral part of this Notice, please review carefully.
Unless otherwise defined herein, the terms used herein shall have the same meaning as the Global Data Privacy Policy and the Terms of Use.
2. Purposes of Data Processing
The data processing activities are necessary for the performance for our services as set forth in the Terms of Use for ELKO smart Downloadable Mobile Application (“Terms of Use”).
The personal information collected in the Mobile Application will be used and stored for the following purposes:
· Provide You Services: We process your account and profile data, device information, usage data, location information, and Smart Devices (including Elko Smart Products of ELKO and other smart devices) related information to provide you with our Services (as defined in the Terms of Use) that you have requested or purchased. The legal basis for this processing is to perform our contract with you according to our Terms of Use.
· Improve Our Services: We process your device information, usage data, location information and Smart Devices related information to ensure the functions and safety of our Mobile Application (as defined in the Terms of Use) and Services, to develop and improve our Mobile Application and Services, to analyze the efficiency of our operations, and to prevent and trace fraudulent or inappropriate usage. The legal basis for this processing is to perform our contract with you according to our Terms of Use.
· Non-marketing Communication: We process your Personal Information to send you important information regarding the Mobile Application and Services, changes to our terms, conditions, and policies and/or other administrative information. Because this information may be important, you may not opt-out of receiving such communications. The legal basis for this processing is to perform our contract with you according to our Terms of Use.
· Marketing Communication: We may process your Personal Information to provide marketing and promotional materials to you on our Smart Devices and Services. If we do so, each communication we send you will contain instructions permitting you to opt-out of receiving future communications of that nature. The legal basis for this processing is your consent. Additionally, if you consent to participate in our promotions, we may use your Personal Information to manage such activities. You may choose to opt-out of receiving any further marketing communications by raising your request via the contact details listed below or by any way as listed in each communication we may send to you.
· Personalization: We may process your account and profile data, usage data, device information to personalize product design and to provide you with services tailored for you, such as recommending and displaying information and advertisements regarding products suited to you, and to invite you to participate in surveys relating to your use of our Smart Devices and Services. The legal basis for this processing is your consent. You may choose to opt-out by raising your request via the contact details listed below or by any way as listed in each communication we may send to you.
· Legal Compliance: We may process your Personal Information as we believe to be necessary or appropriate: (a) to comply with applicable laws and regulations; (b) to comply with legal process; (c) to respond to requests from public and government authorities; (d) to enforce our terms and conditions; (e) to protect our operations, business and systems; (f) to protect our rights, privacy, safety or property, and/or that of other users, including you; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
3. Categories of Processed Personal Information
In order to provide our Services to you, we will ask you to provide necessary Personal Information that is required to provide those Services. If you do not provide your Personal Information, we may not be able to provide you with the Services or certain part of the Services.
· Information You Voluntarily Provide Us
o Account or Profile Data: When you register an account with us, we may collect your name and contact details, such as your email address, phone number, user name, and login credentials. During your interaction with the Mobile Application, we may further collect your nickname, profile picture, country code, language preference or time zone information into your account. Sharing Camera access with App and customizing background images in app, will store images in Cloud server and others in family will also be able to see the same images.
o Feedback: When using feedback and suggestion features in the Mobile Application, we will collect your email address, mobile phone number and your feedback content to address your problems and solve device failures on a timely basis.
· Information We Collect Automatically
o Device Information: When you interact with the Mobile Application and Smart Devices, we automatically collect device information, such as the MAC address of your devices, IP address, wireless connection information, operating system type and version, application version number, push notification identifier, log files, and mobile network information.
o Usage Data: During your interaction with our Mobile Application and Services, we automatically collect usage data relating to visits, clicks, downloads, messages sent/received, and other usage of our Mobile Application and Services.
o Log Information: When you use the Mobile Application, the system and exception log may be uploaded.
o Location Information: We may collect information about your real-time precise or non-precise geo-location when you use the Mobile Application or Services, such as weather service.
· Smart Devices Related Information:
o Basic Information of Smart Devices: When you connect your Smart Devices with the Mobile Application or Services, we may collect basic information about your Smart Devices such as device name, device ID, online status, activation time, firmware version, and upgrade information.
o Information Reported by Smart Devices: Depending on the different Smart Devices you elect to connect with the Mobile Application or Services, we may collect different information reported by your Smart Devices. We will further collect your consents when you elect to connect with. For example, when Camera (RTSP) is available in your region and you connect Camera (RTSP) with the Mobile Application, Camera (RTSP) may report live stream images captured by it.
Furthermore, you will be required to enable your following mobile functions, which we will collect your consents one by one separately, and you may change your decision by modifying your mobile settings.
· Location: Family location to provide local weather information, outdoor temperature, outdoor air pressure, outdoor wind speed, outdoor humidity and astronomical clock (sunset, sunrise). Without enable this mobile function, you can still use the Mobile Application, but the Mobile Application will not display weather information, outdoor temperature, outdoor air pressure, outdoor wind speed and outdoor humidity on Home page, and you cannot use weather information, outdoor temperature, outdoor wind speed, outdoor humidity and astronomical clock as the condition in automation.
· Camera: Camera function is used to upload customized background image for moment and automation; upload profile photo. Without enable this mobile function, you can still use the Mobile Application, but you cannot use customized background image for moment and automation and cannot upload profile photo.
· Push Notification: Push notification for invites, alarm and notice. Without enable this mobile function, you can still use the Mobile Application, but will not receive any push notification to notify your invites for joining home, alarms for water leak, gas detected etc.
· Mobile Data and WLAN: Without cellular data/WLAN, you may not able to login the app and use any cloud related functions such as weather, schedule, remote access, etc.
4. Data Retention Period
Personal information will be kept for the least time necessary to fulfill the purpose mentioned above, unless there is a specific legal requirement for us to keep the data for a longer retention period. We determine the appropriate retention period based on the amount, nature, and sensitivity of your Personal Information, generally it will be the entire lifecycle of our Smart Devices plus 30~90 days after that, or before you require us to delete your Personal Information in writing.
After the retention period ends, we will destruct your Personal Information or anonymize or desensitize your Personal Information to the extent as required by laws.
5. Sharing of Personal Information – International data transfers
The Personal Information will be shared within the affiliates of ELKO, for the purpose of providing the Services hereunder. ELKO being part of a global company, the teams working on Mobile Application may have global or multi-country roles. They can then be located anywhere in the world where Schneider Electric operates, including outside the country or region where you live, in countries which do not have equivalent standards for the protection of personal information as the country where individuals come from. In order to ensure a high level of protection for personal information wherever it is processed, ELKO has adopted Binding Corporate Rules (BCR) which apply across the Company.
Because the Mobile Application and Service are provided by Hangzhou Tuya Technology Co., Ltd. (“Tuya”), the Personal Information and documents will also be collected, stored and processed by Tuya.
ELKO and Tuya will following the rules below to collect, store and process your Personal Information and documents: ELKO will control all the Personal Information collected through the Mobile Application. Tuya will collect the information under the direction of ELKO and the processing of such information shall be limited to the purpose of providing the Service.
The Personal Information will also be share to third-party service providers of ELKO and Tuya, who perform certain business-related functions for you, such as website hosting, data analysis, infrastructure provision, IT services, customer support service, e-mail delivery services, and other similar services to enable third-party service providers to provide services to them.
6. Your Data Protection Rights
In order to exercise the data protection rights granted under applicable data protection law, individuals can contact us at the contact details listed in Section 7 below.
You can request access to your personal information and request it to be amended or deleted if inaccurate. You can always object to direct marketing.
ELKO will comply with your rights to access and correct your personal information. You may inquire as to the nature of the personal information stored or processed about you by any Schneider Electric entity and will be provided access to your personal information regardless of the location of the data processing and storage.
If personal information is inaccurate or incomplete, you may request that it be amended.
When data processing is based on your consent, you have the right to withdraw your consent at any time by contacting us. Please note that your decision to withdraw consent will not affect personal information processing that was previously done based on your consent.
You may ask us to deregister your account. After you voluntarily deregister your account, we will stop providing services to you, and delete your personal information or make it anonymous, as required by applicable laws. You may deregister your account at any time by contacting us.
You may also ask us to delete your personal information, if (1) we handle your personal information in violation of the applicable laws and regulations; (2) we handle your personal information in violation of the Terms of Use with you; (3) you deregister your account; or (4) we terminate service and operations. For this purpose, please contact us.
7. Additional Information
Questions or comments about our privacy practices or this Data Protection Notice can be addressed to us at +47 67 80 73 00.
If an individual believes that we have processed his/her personal information in violation of applicable law, he/she may file a complaint at the contact details provided above or with a supervisory authority.