Privacy Policy for the Livina Smart Home of Eniwa AG

Version from 17.6.2021

Download privacy policy as PDF

This privacy policy applies to Eniwa AG, Industriestrasse 25, 5033 Buchs AG (hereinafter Eniwa).

 We would like to explain here how we collect and process your personal data in connection with the Livina Smart Home, ensuring the protection and lawful processing of your personal data. This description is not exhaustive. Specific matters may be regulated in the Livina Smart Home General Terms and Conditions (GTC), in the individual product and service descriptions or similar documents.

Personal data means any information relating to an identified or identifiable person. The term "processing" of personal data includes all operations such as collection, storage, management, use, transmission, disclosure or deletion.

We collect and process personal data in order to offer the Livina Smart Home to our customers and to continuously improve it. We believe that by focusing our activities on the wishes and needs of our customers, the Livina Smart Home will make the tasks of daily life easier. Functions within the Livina Smart Home may include:

• Automatic control of your smart home, also based on historical data (e.g. heating control, presence simulation);

• Proactive information about malfunctions of your smart home (e.g. network malfunctions, critical battery status, predictive maintenance);

• Notification of service providers as part of smart home services (e.g., security notification in the event of a break-in); or

•  Energy saving tips based on consumption analysis.

By ordering a Livina Smart Home subscription in the Livina Smart Home online store, you enter into a contract for the use of the Livina Smart Home and the associated data processing. Certain of this data processing only takes place if you consent to it, whether by registering your account, by commissioning certain Smart Home products or by providing personal data yourself for certain uses, defining your own usage rules, and using services.

If you provide us with personal data of other persons (e.g. family members, visitors), please make sure that these persons are aware of this Privacy Policy and only share their personal data with us or have it collected by the Smart Home Products if you are allowed to do so. In case of doubt or if you have no other legal grounds, you should obtain their consent. You are obligated to do so as part of the contract with us, as well as to respond to all data protection concerns of these persons.

The Swiss Data Protection Act (DSG) is authoritative for compliance with data protection.

1. Who is responsible and how can you contact us?
Eniwa is responsible for the data processing activities we describe here. If you have any data protection concerns, you can send them to us at the following contact address, for all Eniwa AG companies:

Eniwa AG
Industriestrasse 25
5033 Buchs AG
Tel. +41 62 205 11 00
info@livina.io

2. What personal data do we collect?
We primarily collect and process personal data that we receive directly from you as part of our contractual relationship with you or that we collect when you use the Livina Smart Home, that we receive from other business partners in connection with the services offered by the Livina Smart Home, and that we collect when operating our website and apps.

This includes the following categories of personal data:

a.    Data that you give us in connection with the use of the Livina Smart Home. In particular, this includes information that you provide to us when purchasing, installing and using Smart Home products and services (for example, when creating your user profile, you provide information about your name, age, household size or billing address). Exactly what this information is depends on the Smart Home Products you purchase.

You may choose not to provide us with certain information, but this may prevent you from using certain Livina Smart Home features. If you enable a new Smart Home Service, you decide whether you also want us to use previously collected data for it. 

b.    Data that is automatically collected when you use the Livina Smart Home. First, this includes data collected during use and interaction with the Livina Smart Home (e.g. temperature, humidity, presence of movement). This data may also come from third-party products that connect to our products. On the other hand, this includes data that can be calculated and derived from the collected data (e.g. average energy consumption, patterns of their movements and activities). Exactly what information this is depends on the smart home products you purchase. It may also be data collected in connection with the use of our websites and apps, e.g. when you communicate with us or with third parties via our communication channels (e.g. cookies, Google Analytics).

 c.    To the extent permitted, we also take certain data from third parties or publicly available sources (e.g. weather services, information from the Federal Statistical Office, geodata or calendar data).

 d.    Data that you provide to us in the course of correspondence with Eniwa (e.g. customer service inquiries, participation in opinion polls or a contest).

3. For what purposes do we process personal data?
First and foremost, we process personal data in order to be able to operate the Livina Smart Home and, in this context, to process and fulfill the contracts concluded with you and our business partners, as well as to comply with our legal obligations at home and abroad. In addition, we process personal data of you and other persons as far as permitted and as it appears to us to be appropriate.

Specifically, we may process your personal data for one or more of the following purposes:

a.    Purchase and supply of goods and services. We use your personal data to take your order and to deliver the smart home products and services you ordered, process payments and communicate with you about these transactions. In doing so, we rely on the legal ground of performance of the contract.

b.    Condition Detection. We use your Personal Data to recognize the states of the Smart Home Products you use, to display them to you and to implement the controls you have made. Exactly what this information is depends on the Smart Home Products you have purchased. Here, we rely on the legal ground of contract performance and the legitimate interest in customer satisfaction and competitiveness.

 c.    Automatic, individual and personalized control of the Smart Home. This includes, for example, remote control and monitoring of your Smart Home products, presence simulations based on your preferences or historical data, detection and warning of unnecessary energy consumption, drought or risks (e.g. fire, water, strangers, etc.). Exactly what this information is depends on the smart home products you have purchased. Here, we rely on the legal ground of contract performance and the legitimate interest in customer satisfaction and competitiveness.

d.    Maintainance and further development of the Livina Smart Home. We use your personal data to troubleshoot, further develop our products and services, and continuously improve the usability of the Livina Smart Home. This also includes troubleshooting, maintenance work and repairs by us and our service partners. In this regard, we rely on the legal ground of contract performance and legitimate interest in customer satisfaction and competitiveness.

e.    Market research, advertising and marketing. We process your personal data for the delivery of general and customized advertising based on your user profile or customer segment, in particular to recommend certain products and services that may be of interest to you and unless you have objected to such use. In this regard, we rely on the legal ground of legitimate interests in marketing measures.

f.     Communication with our customers. We use your personal data to communicate with you via various communication channels (e.g. in-app communication, website, telephone, email) about the Livina Smart Home. In doing so, we rely on the legal ground of legitimate interest in customer satisfaction.

g.    Compliance with legal obligations and assertion of legal claims. If we are subject to legal obligations or in order to assert legal claims and defend them in connection with legal disputes and official proceedings, we may also process your personal data. In doing so, we rely on the legal grounds of legitimate interests and compliance with Swiss law.

Insofar as you have given us your consent to process your personal data for specific purposes (e.g. processing of particularly sensitive personal data, your consent to receive advertising or because we have asked you to be able to process your personal data for a specific purpose), we process your personal data within the scope of and based on this consent, insofar as we do not have any other legal basis and we require such a basis. You may revoke your consent at any time, but this will not affect any data processing already carried out or the validity and duration of the contractual relationship between you and Eniwa.

4. With whom do we share personal data?
We share your personal data with other companies in the Eniwa Group for the purposes stated in this Privacy Policy (https://www.eniwa.ch/de/organisation.html). The other Eniwa Group companies may use your Personal Data in their own interest for the same purposes as we do. In particular, the Eniwa Group companies may process your personal data for individualized and personalized analysis of customer behavior and for direct marketing activities in their own interest. Within the Eniwa Group, employees will only have access to your personal data to the extent necessary for the performance of their duties.

We may also disclose your personal data to other members of the Eniwa Group or to third parties outside the Eniwa Group for the purpose of providing technical or organizational services that we need to fulfill the aforementioned purposes or our other business activities. This relates in particular, for example, to the storage of your data with an external cloud service provider and access to the data by service providers for the analysis and rectification of technical problems. Our service providers are contractually obligated to process the personal data exclusively on our behalf and in accordance with our instructions. We also require our service providers to comply with technical and organizational measures that ensure the protection of personal data.

These recipients may be in Switzerland or abroad, e.g. in Germany or Serbia. If we transfer data to a country without adequate legal data protection, we ensure adequate data protection as provided by law by using appropriate contracts (namely based on the template of the Federal Data Protection and Information Commissioner) or rely on the legal exceptions of consent, contract execution, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the data subjects. You may obtain a copy of the aforementioned contractual guarantees at any time from the contact address mentioned in section 1 however, we reserve the right to black out copies for reasons of data protection law or confidentiality or to supply only excerpts.

5. How long do we keep data?
We retain your personal data for as long as is necessary to comply with our contractual and legal obligations or otherwise for the purposes pursued with the processing. This may be for the duration of the entire business relationship with us.

We retain personal data for a longer period than the business relationship lasts if and as long as legal claims can be asserted against our company and insofar as we are otherwise legally obligated to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). We delete, as far as possible, or anonymize your personal data as soon as it is no longer required and in any case after expiry of the legally prescribed maximum retention period.

6. How do we protect personal data?
We have technical and organizational security procedures in place to maintain the security of your personal data and to protect your session data and personal data against unauthorized or unlawful processing and/or accidental loss, alteration, disclosure or access. However, you should always be aware that the transmission of information via the Internet and other electronic means involves certain security risks and that we cannot guarantee the security of information transmitted in this way.

7. When do you have a duty to provide personal data?
In the context of our contractual relationship with you, you must provide those personal data that are necessary for the establishment and performance of a business relationship and the fulfillment of the associated contractual obligations (you generally do not have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into or perform a contract with you (or the entity or person you represent). Also, the Website or the App cannot be used if certain information to secure traffic (such as IP address) is not disclosed.

8. What rights do you have with regard to personal data?
You have the right to assert your data protection rights at any time and to obtain information about your stored personal data, to correct or supplement your personal data, to object to or restrict the processing of your personal data, or to request the surrender of certain personal data for the purpose of transferring it to another location (so-called data portability). You will find the contact options in section 1. We reserve the right to correspond with you electronically (in particular by e-mail) in this context. You have the possibility to request the deletion of your data at any time. Should the deletion affect the function of your Livina Smart Home, you will be made aware of this in the deletion process.

Please note, however, that we reserve the right to assert the legally provided restrictions on our part, for example, if we are obliged to retain or process certain data, have an overriding interest in doing so (insofar as we are entitled to invoke this) or require it for the assertion of claims. If you incur costs, we will inform you in advance. We have already informed you about the possibility of revoking your consent in section 3. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as costs. We will inform you in advance if this is not already contractually agreed. 

The exercise of such rights usually requires that you clearly prove your identity (e.g. by means of a copy of your ID card, where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address given in Section 1.

Every data subject also has the right to legally enforce his or her claims or to file a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (ww.edoeb.admin.ch).

9. Profiling and automatic decision-making
We process your personal data partly automatically with the aim of evaluating certain personal aspects (so-called profiling). We use profiling in particular to be able to inform and advise you about products in a targeted manner. In doing so, we use evaluation tools that enable us to provide needs-based communication and advertising, including market and opinion research.

For the establishment and implementation of the business relationship and also otherwise, we generally do not use fully automated automatic decision-making. If we use such procedures in individual cases, we will inform you separately about this, provided that this is legally required and inform you about the associated rights.

10. Cookies, tracking and other technologies in connection with the use of our website
Information regarding cookies, tracking and other technologies in connection with the use of our website can be found at www.eniwa.ch/de/rechtliches.