Our commitment to privacy
Data protection is a particularly high priority for ANOVA. The use of the Platform via one of our Websites, or mobile app or an API integration, might require processing of personal data. If the processing of personal data is necessary and there is no statutory basis for such processing, we will obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 (General Data Protection Regulation or GDPR) and California Consumer Protection Act (CCPA), and in accordance with the country-specific data protection regulations applicable to ANOVA, including Law no. 58/2019, of 8 August, which assures the execution of the GDPR in the Portuguese legal framework.
By means of this Privacy Policy, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of the rights to which they are entitled.
Data controller
DataOnline LLC, a company incorporated in New Jersey registered under number 0600161103, acts as the data controller for the processing of the personal data of its clients that are sole traders, the representatives of the clients that are legal persons, as well visitors of the Website.
Data processor
When processing the personal data of the customers of its clients, ANOVA acts as a processor. For the purposes of that processing, ANOVA would like to inform that it has entered into Data Processing Agreements with the controllers, i.e. the clients.
If you have any questions related to how we process your personal data, if you would like any clarification on this document or if you wish to exercise any of the rights mentioned below, please e-mail us at privacy@anova.com or, alternatively, write us to:
Peter HachenbergAnova Germany (WIKON Kommunikationstechnik GmbH)
Luxemburger Straße 1-3
67657 Kaiserslautern
Germany
Data Protection Officer
ANOVA would also like to inform that a Data Protection Officer has been appointed, who shall be responsible for, among other duties
- monitoring compliance of the data processing with the applicable rules,
- being a point of contact with data subjects to clarify matters related to the processing of their data by ANOVA,
- cooperating with the National Data Protection Authority, and
- providing information and advice to ANOVA on their privacy and data protection obligations.
If you wish to contact our Data Protection Officer, please use the contact details below:
Data Protection OfficerName: Peter Hachenberg
Address: Luxemburger Straße 1-3, 67657 Kaiserslautern, Germany
Email: peter.hachenberg@anova.com
Phone number: +49 631 205 777 0
Definitions
This Privacy Policy is based on the terms used by the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Our Privacy Policy should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this Privacy Policy, we use, inter alia, the following terms:
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Personal data
Personal data means any information relating to an identified or identifiable natural person (data subject). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, including without limitation, name, address, email, telephone numbers and such other personal identifiers, including social security numbers. -
Data subject
Data subject means any identified or identifiable natural person, whose personal data is processed by the controller or by the processor which processes personal data on behalf of the controller. -
Processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. -
Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future. -
Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. -
Pseudonymisation
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. -
Controller
Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. -
Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. -
Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data. -
Consent
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Collected data
ANOVA processes the following data:
- Data you provide us with about you – name, phone number, email address.
- Data you provide us with about your customers - name, phone number, email address, office address, home address, GPS coordinates of asset locations, pictures of asset locations
- Data related to our clients that are sole traders - name, phone number, email address, office address, home address
- Data related to the legal representatives of our clients – name, email address
- Data we collect when you use the Website and the Mobile Apps – your device IDs, your IP address, geographical location, information about your session and how you interact with us, for which we may use technologies like cookies. For further information, please read our Cookies Policy.
Lawful basis of processing
ANOVA processes Personal Data pursuant to the following legal basis (Article 6(1) of the GDPR and CCPA Section 1798.130):
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Performance of a contract or pre-contractual procedures with the
data subject
Whenever the processing of personal data is done for the purpose of maintaining the relationship between ANOVA and the data subject, or to carry out pre-contractual measures at their request, namely with regard to individual clients (sole traders); -
Consent of the data subjects
Consent shall be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication by means of a declaration (in writing or orally) or by an unequivocal positive act (by completing an option), namely for direct marketing purposes; -
Compliance with a legal obligation
Whenever the processing is necessary to fulfil legal obligations, such as tax related obligations; -
Legitimate interests
Whenever it is necessary to process personal data to safeguard the legitimate interests of ANOVA or third parties. The legitimate interests of ANOVA include, but are not limited to, the processing of personal data of the customers of our clients; the exercise of legal and defense rights in the event of legal disputes; for ensuring the security of ANOVA’s network, infrastructures and technological systems.
Purposes of processing
ANOVA processes your Personal Data based on at least one of the legal basis mentioned above for the following purposes:
- Management of the contractual relationship we have established with you, including, but not limited to, invoicing and processing payments;
- Management of the customer / user support services;
- Retaining the loyalty of our clients;
- Management of complaints;
- Collection, processing and performing statistical and other research and analysis of information (including it anonymization) for enhancement of the Website and Mobile App;
- Verifying compliance with the Terms and Conditions of the Website and the Mobile App.
- Research and/or analysis purposes to better understand your needs, preferences, interests, experiences and/or habits as a user of our software applications;
- Analytic purposes. For further information, please read our Cookies Policy.
- Commercial communication, marketing and advertising of our services or third-party services via SMS, telephone, email, internet, fax, mail, social media and/or any other appropriate communication channels;
You have the right to withdraw your consent at any time by writing to privacy@anova.com. Withdrawal of your consent does not affect the lawfulness of the treatment of your data prior to its revocation. Your consent is also revoked in the same manner as provided.
In accordance with the CCPA, a California consumer, as defined in the CCPA, shall, in accordance with this Policy, be advised of the personal information being collected by ANOVA. Such consumer has the right to request from ANOVA that it discloses to such consumer the categories and specific pieces of personal information (set forth in CCPA Section 1798.110) that ANOVA has collected from the consumer. In accordance with CCPA Section 1798.130, ANOVA shall make available to consumers two or more designated methods for submitting requests for the information set forth in CCPA Section 1798.110. Such response to the consumer must include all personal information collected within the preceding 12 months. ANOVA is not obligated to provide the information required by CCPA Section 1798.110 more than twice in a 12-month period. Also, ANOVA will verify the identity of consumers who make requests to know and delete personal information and ANOVA may withhold such information to the extent identity cannot be confirmed. Such consumer shall also have the right to request that ANOVA delete any personal information about such consumer which ANOVA has collected from such consumer.
Data sharing with partners
We may share your personal data with our partners, in order to provide you with certain services. Our partners are entrusted to perform certain data processing activities on our behalf. Whenever we engage with them, we do our utmost to ensure that they process your data in compliance with all data protection laws, and in a secure and confidential manner, following the best business practice standards.
Check the description of the partners we share your data with.
Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need-to-know. They will only process your personal data on our instructions, and are subject to a duty of confidentiality.
Data storage
All data we directly store is located on our secure servers located within the European Union. Nevertheless, it may be transferred to, and stored at a destination outside the European Economic Area (EEA), if our service providers are based in countries which do not form part of the EEA. It may also be processed by employees located outside the EEA who work for us or for one of our suppliers.
All our non-EEA service providers’ servers are located in countries with sufficient personal data protection adequacy, as listed here.
Data retention
We keep your Personal Data for as long as necessary for the relevant purposes of their processing, in alignment with the ‘Data Minimization and Storage Limitation’ principles as defined in Article 5 of the GDPR. Therefore, Personal Data shall be processed and stored for as long as required for the purposes for which they have been collected. By default ANOVA policy is to use a 5 (five) years data retention period. Some specific applications may use a different retention period for all or specific Personal Data and if so, such period will be listed in the Annex.
We may retain your Personal Data for a longer period in the following limited cases:
- In case that there is a legal obligation under a relevant statutory provision.
- For research or statistical purposes or for the proper organization and operation of our business provided that anonymity or pseudonymisation of your data takes place.
- In case of any claims against ANOVA, for as long as necessary to defend our rights and legitimate interests before any competent court and any other public authority.
After the period of retention, your Personal Data is irrevocably anonymized (anonymized data may be retained) or destroyed in a secure manner from our databases and systems in accordance with our Privacy Policy and provided that their retention is no longer required for the fulfillment of the purposes we have described above.
For more information about data retention terms in relation to specific Personal Data, please contact us at support@anova.com.
Your Rights
You are entitled to the following rights regarding the processing of your Personal Data by ANOVA:
- Access the data we hold about you and to get a copy of it, as well as learn whether or not your personal data are being processed by ANOVA;
- Rectify any data that is not accurate or not up-to-date;
- Obtain the erasure of your data under certain circumstances. However, please note that for legal reasons we might not always be able to do it);
- Restrict us from processing your data, when you don’t want us to use it but it is still needed for legal reasons;
- Object to us using your data, unless ANOVA demonstrates compelling legitimate grounds for the processing. Where Personal Data is processed for a public interest of the purposes of the legitimate interests pursued by ANOVA, you may object to such processing by providing grounds related to your particular situation to justify the objection. However, please note that should your Personal Data be processed for direct marketing purposes, you may object to that processing at any time without providing any justification;
- Transfer your Personal Data to you or another third party, provided that the data is processed by automated means and that the processing is based on the data subject’s consent, on a contract which the data subject is a part of or on pre-contractual obligations thereof;
- Withdraw any consent you’ve previously given us (although it will not affect the lawfulness of any processing carried out before you withdraw your consent).
- To object to a decision taken solely on the basis of automated processing, including profiling, which has an impact on you or significantly affects you.
How to Exercise Your Rights
Please contact us at support@anova.com if you wish to exercise any of these rights.
We will respond to any of your requests within one (1) month from their receipt. Upon prior notice, this period may be extended by a further two (2) months if necessary, taking into account the complexity of the request and the number of any other pending requests.
Where requests are manifestly unfounded or excessive, ANOVA reserves the right either to: (a) impose a reasonable fee, taking into account the administrative costs of providing the information or communicating or executing the requested action, or (b) reject your request. In case of rejection of your request, we will provide relevant justification.
In the event of any violation of your Personal Data, which may place your rights and freedoms at a high risk, and provided that it does not fall under one of the exceptions expressly provided for by applicable law, we undertake to inform you without undue delay.
If there are any doubts as to the identity of the individual submitting the request, we reserve the right to request the provision of additional information necessary to confirm your identity.
Complaints
If your rights are infringed, it is your right to file a complaint with the competent supervisory authority (“Supervisory Authority”). Please note that under the GDPR, the Supervisory Authority is competent to handle a complaint if the subject matter relates only to an establishment in its Member State or substantially affects data subjects only in its Member State. The German Federal Data Protection Authority (Der Bundesbeauftragte für den Datenschutz und die Informationsfreiheit) is the Supervisory Authority in Germany. The National Data Protection Authority (“CNPD”) is the Supervisory Authority in Portugal and you may file a complaint at the following website: https://www.cnpd.pt/home/notifica_rgpd/data_breach.htm.
We would appreciate the chance to deal with any concerns you may have before you approach the Supervisory Authority. Kindly contact us at support@anova.com with any concerns you may have, and we will do our utmost to address your concerns in a satisfactory manner.
Changes to this Privacy Policy
This Privacy Policy may be amended over time, and changes made to it shall become effective promptly after being announced. The regular review of this Privacy Policy shall ensure that you will always be aware of the type of information we collect, how and for what purpose it is used by us, and under what circumstances (if any) we shall share it with other parties. Should the changes affect processing activities performed on the basis of the data subject’s consent, ANOVA shall collect new consent from the data subject, where required.