Liebherr Smart Device Privacy Policy (USA/CA)

Liebherr USA, Co. (referred to as “Liebherr” or “we”) offers high-end refrigeration solutions to customers (referred to individually or collectively as “you”) in the United States and Canada.

This Smart Appliance Privacy Policy (“Privacy Policy”) is for Liebherr customers in the United States and Canada who purchase and operate certain appliances (“Smart Devices”) that may be connected via a SmartDeviceBox (“SDB”) to provide users with an extensive range of services and functions (“Services”). The Services will be provided to you via the Liebherr SmartDevice mobile app. The SDB and Services are referred to collectively herein as the “SDB/Services.”.

This Policy describes the type of information we collect from you, the purpose for which the information is collected, how the information collected is processed, to whom the information is disclosed and for what purpose, and how you can exercise your privacy rights.

I. What functions do the SDB/Services offer?

1. Amongst others, the SDB/Services offer a single sign-on service. After one-off registration and authentication at Liebherr, it allows you to access all the restricted areas and content of the Liebherr offers connected to the single sign-on service (from the participating companies of the Liebherr Group and their authorised dealers or other third parties), by logging on with unified credentials and without having to go through a separate registration process again. The SDB/Services also offer the option of a centralised appliance registration that allows you, for example, to check the warranty period of registered Smart Devices at any time and to use other services that require the registration of Smart Devices without being required to provide further information.

2. After registering for the single sign-on service, the Liebherr SmartDevice mobile app allows you to use various functions in relation to your Smart Devices (for example, to control the temperature of your Liebherr refrigerator and freezer) via your mobile device.

3. In future, we intend making even further offers available to you on the SDB/Services and in the Liebherr SmartDevice mobile app. As soon as a further offer is added to the SDB/Services or in the Liebherr SmartDevice mobile app, we will of course inform you accordingly.

II. What type of information do we collect and for what purposes are we processing the information provided?

In order to provide you with the SDB/Services we collect certain information from you. We collect two types of information: Personal Information and Other Information. “Personal Information” is information that identifies you specifically as an individual, such as your name or email address. “Other Information” is information that does not reveal an individual’s specific identity or does not directly relate to an identifiable individual, including information that has been de-identified or aggregated.

1. Log files

a. When you access the SDB/Services, the web browser of your device transmits the following data in particular to our web server, which we store in so-called log files:
• Date of access
• Time of access
• URL of the referring website
• File retrieved
• Amount of data transferred
• Browser type and version
• Operating system
• Domain name of your Internet access provider
• IP address

We process this data to be able to detect, trace and prevent instances of misuse of SDB/Services and thereby ensure data security on our web servers.

b. We generate error reports in the Liebherr SmartDevice mobile app if you enable this feature in the Liebherr SmartDevice mobile app. The error reports contain a crash log file that contains the following data in particular:
• Local information about your Smart Device and SDB (for example, the technical configuration of your Smart Device and the version number of your SDB)
• Communication data between your Smart Device, the SDB and our web servers (for example, the connection status of your WLAN and your user principal name “UPN”)
• Time of the error and the configuration of your Liebherr SmartDevice mobile app (for example, the status of special functions such as SuperCool and SuperFrost)

We process error reports for the purpose of error analysis and improvement of the functionality of the SDB/Services.

2. Cookies

“Cookies” are small text files that are temporarily stored locally in the memory of your web browser with the data associated with a web site, such as the language and font size selected by you. If you access the MyLiebherr portal via your web browser, we use cookies so that the SDB/Services can be displayed in accordance with your individual preferences. When you log in to your MyLiebherr user account, we use cookies so that you can make use of all the offers on the SDB/Services without additional login processes being required. You can also use the SDB/Services without the use of cookies. If you want to prevent the use of cookies, your web browser has an option to prevent new cookies from being accepted and stored. Please refer to the help function of your web browser to find out how to do this with your web browser.

3. Master data of your MyLiebherr user account

a. In order to use the SDB/Services, a MyLiebherr user account is required. When creating a MyLiebherr user account (registration), you are obliged to provide the following information:
• Email address
• Access password

In order to prevent misuse and misunderstandings, you need to activate your MyLiebherr user account after completing the registration process. In order to do so, we will send you an email with an activation link to the email address that you provided. Your MyLiebherr user account is activated by simply clicking the activation link in the email.

Subject to you having given us your express consent, we process your email address and the information that you voluntarily provided during registration for advertising and information purposes; specifically, to provide you with information about products and offers as well as other advertising information (for example, competitions and newsletters) via email. Your consent is not a precondition for creating a MyLiebherr user account. If you do not give your consent, we will not use your data for advertising and information purposes. You have the right to revoke your consent at any time with effect from the date of your revocation. The revocation of your consent will not affect the legality of the processing carried out on the basis of your consent until the revocation.

b. If you connect a SDB to your Liebherr SmartDevice mobile app, we add the following data to your MyLiebherr user account:
• Serial number of your Liebherr appliance
• Model of your Liebherr appliance
• Serial number of your SmartDeviceBox

We process this data in order to be able to provide the services and functions of the SDB/Services.

c. No further personal data is stored in your MyLiebherr user account, unless you volunteer such information.

4. Your device data

The Liebherr SmartDevice mobile app requires access to certain functions and your Smart Device data for you to be able to use the Liebherr SmartDevice mobile app. In order to do so, you need grant certain permissions on your mobile device. The categories of permissions are defined differently by the manufacturers of the mobile device. On Android, for example, the individual permissions are grouped in permission categories and you can only agree to the permission category as a whole. We however only use the permissions authorised by you to the extent described below:
• Memory (photos/media/files)

The Liebherr SmartDevice mobile app needs to access the memory to save the required media content on your mobile device for the Liebherr SmartDevice mobile app to function.
• Camera

The Liebherr SmartDevice mobile app needs to access the camera of your device to be able to take pictures of the interior of your fridge and to display these within the “stock list” function.
• Information about the WLAN connection

The Liebherr SmartDevice mobile app needs to access the WLAN connection information of your device to connect the SDB to the Liebherr SmartDevice mobile app.
• Retrieving data from the Internet and network connections

The Liebherr SmartDevice mobileapp needs to access the Internet and your network connection to be able to make the functions of the Liebherr SmartDevice mobile app available to you via our web server.
• Push notifications

The Liebherr SmartDevice mobile app needs to access push notifications so that prioritised messages, such as alerts or reminders, can be displayed on your device.

We process the data of the above-mentioned permissions to be able to provide you with the services and functions of the SDB/Services.

5. Machine data of your Smart Device and usage data of your Liebherr SmartDevice mobile app

a. In order to use the functions of the Liebherr SmartDevice mobile app, in particular the functions “Appliance control”, “Alarm message” and “Reminders”, the Liebherr SmartDevice mobile app needs to access the machine data of your Smart Device and the usage data of your Liebherr SmartDevice mobile app. The machine data consists of all the operating values and statuses of your Smart Device that are communicated, for example, by the temperature, speed, voltage and door-contact sensors. The usage data is all the data generated by the interaction with your Liebherr SmartDevice mobile app, such as the temperature and special settings, e.g. SuperFrost and SuperCool, that you made. The “Appliance control” function allows you to access the appliance status of your Smart Device (for example, the set temperature and the status of the special functions) via your Liebherr SmartDevice mobile app. The “Appliance control” function also allows you to control the temperature of your Smart Device and special functions, such as SuperFrost and SuperCool, via your Liebherr SmartDevice mobile app. The “Alarm message” function notifies you of critical temperatures, for example, in the event of a power failure or if the door of your Smart Device has been left open. The “Reminder” function sends you messages about events that you have predefined, for example, a reminder to replace the air filter.

b. We process the machine data and usage data in order to provide you with the functions of the SDB/Services (especially the functions “Appliance control”, “Alarm message” and “Reminder”).

III. Who has access to your information?

Your information will be collected and processed by our employees for the aforementioned purposes within the scope of administrative processes, accounting, marketing, promotional activities, customer service, IT system management, research and development, market research and advertising, as outlined in this Policy. We may share your information with other Liebherr entities for business and operational purposes.

Your information will only be disclosed to third parties where this is necessary for us to fulfil our obligations to you. When using the “one-click customer service access” feature, your information will be transmitted to one of our service partners, if this is necessary for the order to be processed. Unless you have provided your contractual partner with consent indicating otherwise, the data will be transmitted from us to your contractual partner for the sole purpose of implementing the contract entered into between you and your contractual partner.

Please furthermore note that some of the information provided by you may be disclosed to legal bodies or local public authorities. The type of information we are legally required to disclose may relate to criminal investigations or government tax reporting requirements, and we may be required to disclose your Personal Information to authorities pursuant to a legal proceeding or court order. Such disclosure will, however, only occur if we are under a legal obligation to provide the information.

Your Personal Information may be disclosed in situations where we are legally permitted to do so, such as in the course of employing reasonable and legal methods to enforce your rights or to investigate suspicion of unlawful activities. We may release certain Personal Information when we believe that such release is reasonably necessary to protect the rights, property and safety of ourselves and others.

In addition, we may also disclose your Personal Information in connection with reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including accounts) for the purpose of evaluating and/or performing the proposed transaction (including in connection with any bankruptcy or similar proceedings). These purposes may include, as examples, permitting such parties to determine whether to proceed or continue with the transaction, fulfilling any reporting or audit requirements to such parties, and/or disclosing personal information as part of concluding a sale or transfer of assets. Our successors and assigns may collect, use and disclose your Personal Information for substantially the same purposes as those set out in this Privacy Policy. In the event the transaction does not go through, we will require, by contract, the other party or parties to the transaction not to use or disclose your Personal Information in any manner whatsoever for any purpose, and to return or destroy such Personal Information.

IV. What are your choices regarding the information provided?

We provide you with a number of choices regarding your information, including:
• Receiving notifications: You may choose to receive notifications either via email and/or per message through the Liebherr SmartDevice mobile app when you sign up for the SDB/Services. You may select which notifications to receive. You can configure your notification settings in the “Administration/Notifications” area of the Liebherr SmartDevice mobile app.
• Receiving marketing communication: If you have consented, we may, from time to time, contact you with communications regarding our products or services. These communications may involve product information, marketing or promotions, research, and/or other topics. To contact you, we may use the information you provide when you sign-up for a user account, including email, direct mail or phone. If you no longer wish to receive advertising materials and information from us, simply unsubscribe from our distribution list by following the instructions included in any of the messages you receive. Alternatively, you can contact us using the information provided in the “Contacting Liebherr” section below.
• Deleting the connection between your Smart Device and SDB/Services: If you want to permanently delete the connection between your Smart Device and the SDB/Services, simply log in to your user account at the Liebherr SmartDevice mobile app and delete the relevant appliance from the “My appliances” area or the Smart Devices overview. Alternatively, you can contact us using the information provided in the “Contacting Liebherr” section below.

V. California residents: Your California privacy rights

If you are a California resident, you may have the right to request and receive information about disclosure of your Personal Information to third parties for their direct marketing purposes. Because it is our policy not to share your Personal Information with third parties for third-party direct marketing purposes without your consent, we are exempt from the requirement to respond to such requests. If you have any questions about our compliance with this requirement, please contact us using the information provided in the “Contacting Liebherr” section below.

VI. Use of SDB by children under the age of 13

Our website, the SDB/Services and the Smart Devices are aimed at the general audience and we do not generally seek to, nor do we knowingly collect, information from children under the age of 13. We do not seek, and we request that such individuals do not provide Personal Information through our website, the SDB/Services to set up a user account.

VII. What Other Information (non-Personal Information) do we track?

1. Web analysis using the WiredMinds program

Other Information (non-Personal Information) is also recorded whenever our website, the MyLiebherr online portal or the MyLiebherr App are accessed in order to optimize the website, the MyLiebherr online portal or the MyLiebherr App and for statistical purposes (known as “tracking”). We do not track Personal Information. The information recorded includes the visit time, the websites visited, the time spent on the websites, regional origin and the website from which the user linked to our websites. We conduct this tracking activities using web analysis software from the company WiredMinds. WiredMinds only records non-Personal Information in an anonymous form. It is not possible for us to identify website visitors on the basis of this data. You can prevent tracking by clicking the following “opt-out” link to install a cookie on the end device that you are currently using.

Click here to prevent non-personal data from being recorded.

2. Use of YouTube plugins

We use at least one plugin from YouTube, part of Google Inc., based in San Bruno/California, USA. If you visit our website, the SDB/Services or the Liebherr SmartDevice mobile app equipped with a YouTube plugin, a connection will be established with the YouTube servers. The YouTube server will be notified of the specific page on our website, the SDB/Services or the Liebherr SmartDevice mobile app that you have visited. Furthermore, if you were logged in to your YouTube account, you would enable YouTube to directly assign your surfing activity to your personal profile. You can prevent this assignment by logging out of your account before accessing our website, the SDB/Services or the Liebherr SmartDevice mobile app. Further information about the collection and use of your data by YouTube can be found in the data privacy information at www.youtube.com.

3. Links to other websites

Our website, the SDB/Services or the Liebherr SmartDevice mobile app may also contain links to other websites. We are not responsible for the content of these websites or how they handle your data. Please independently determine how the applicable websites handle your data.

4. Incorporation of third-party services and content

Third-party content, such as maps from Google Maps, RSS feeds or graphics from other websites, may sometimes be incorporated into our website, the SDB/Services or the Liebherr SmartDevice mobile app. For this to be possible, the providers of such content (“third-party providers”) must be able to identify the user’s IP address. Without this, they are unable to send the content to the user’s browser. The IP address is therefore necessary to display this content. We endeavor to only use content from third-party providers who solely use the IP address to deliver the content. However, we have no influence on whether the third-party providers store IP addresses, e.g. for statistical purposes. If we are aware that this is occurring, we notify users.

VIII. How long and where is your information stored by us?

Your Personal Information is stored until the point at which the purposes outlined in this Policy have been achieved. This is generally the point at which you delete your user account and there is no legal justification for your Personal Information to be stored by us beyond that point.

Your Personal Information is stored on servers located in Germany and Ireland. If you are a resident of another country, you acknowledge and agree that your Personal Information may be processed, used, stored or accessed in Germany and Ireland and will be, as the case may be, subject to the laws of Germany and Ireland, and that the laws of Germany and Ireland may differ from the laws of the country in which you reside. If you are a resident of the European Union, please use the applicable European Union websites. This website is intended only for the residents of United States and Canada.

IX. Contacting Liebherr

If you have any questions about this Privacy Policy, please contact us by by writing to Liebherr USA, Co., Division Refrigerators and Freezers Division, 15101 NW 112th Ave. Hialeah Gardens, FL 33018, USA; or by e-mail to Refrigeration.us@liebherr.com.

X. Updates to this Policy

We reserve the right to make changes to our Privacy Policy from time to time for any reason. Such changes, modifications, additions or deletions shall be effective immediately upon posting, unless otherwise indicated. In the event of any changes to this Privacy Policy that materially impact your rights or obligations, we will notify you either through electronic communication, posting a notice on our website or in another method that is appropriate in the circumstances. We encourage you to periodically check back and review this Privacy Policy so that you always will know what information we collect, how we use it and to whom we disclose it. Your continued use of our website, the DSB/Services or the Liebherr SmartDevice mobile app after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes.

Last Updated: May 2018