Introduction
This policy applies to your use of the KYB Suspension Solutions mobile application software (“the App”), once you have downloaded App onto your mobile telephone or handheld device (“Device”).
This policy is split into two sections:-
1. Section 1 relates to and sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us; and
2. Section 2 relates to and set out the basis on which we process any personal data collected by you, from your customers, through your use of the App.
This App is not intended for children and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

1. Our processing of your personal data

Important information and who we are
KYB Europe GmbH is the controller and is responsible for your personal data (collectively referred to as “the Company”, “we”, “us” or “our” in this policy).
We have appointed a data protection officer (“DPO”). If you have any questions about this privacy policy, please contact them using the details set out below.
Contact details
Our full details are:
· Full name of legal entity: KYB Europe GmbH
· Email address: data.protection@kyb-europe.com
· Postal address: Langfeldstrasse 11, 80939 München, Germany
· Telephone number: +49 (0) 211 538 059 – 174
You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”), the UK supervisory authority for data protection issues or other competent supervisory authority of an EU member state if the App is downloaded outside the UK.
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review.
This version was last updated on 4th February 2019. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you when you next start the App. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.
The data we collect about you
We may collect, use, store and transfer different kinds of personal data about you as follows:
· Identity Data.
· Contact Data.
· Device Data.
· Profile Data.
· Usage Data.
· Marketing and Communications Data.

We explain these categories of data here
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
How is your personal data collected?
We will collect and process the following data about you:
· Information you give us. This is information (including Identity, Contact and Marketing and Communications Data) you consent to giving us about you by filling in forms in the App, or by corresponding with us (for example, by email). It includes information you provide when you download or register the App, share data via an App’s social media functions and when you report a problem with the App. If you contact us, we will keep a record of that correspondence.
· Information we collect about you and your device. Each time you use the App we will automatically collect personal data including Device and Usage Data. We collect this data using cookies and other similar technologies. Please see our cookie policy at https://kyb-europe.com/cookie-policy/ for further details.
· Information we receive from other sources including third parties and publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
· Google products: On App may integrate products of Google, LLC, 1600 Amphitheatre Pkwy, Mountain View, CA 94043, USA (“Google”). Google collects and stores data using cookies that may be automatically placed on your Device (for cookies, see above). In particular, we use Google Analytics. Google Analytics is an analytical tool that provides us with information on the use of the App. For this purpose, we or Google may place cookies on your Device which record your behaviour using out App and transmit it to Google. Google uses this data to compile analysis reports on the use of our App. Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google.
We activated the IP anonymisation of Google Analytics. Prior to transmission to the Google servers in the US, your IP address will be shortened by Google within the member states of the European Union or in other signatory states to the EEA. That makes it untraceable. In exceptional cases only, the full IP address is transmitted to a Google server in the US and shortened there.
For more information on Google Analytics, please visit http://www.google.com/intl/de/analytics/learn/privacy.html

Cookies
We use cookies and/or other tracking technologies to distinguish you from other users of the App and to remember your preferences. This helps us to provide you with a good experience when you use the App and also allows us to improve the App. For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our cookie policy here: https://kyb-europe.com/cookie-policy/.
How we use your personal data
We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
· Where you have consented before the processing.
· Where we need to perform a contract we are about to enter or have entered with you.
· Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
· Where we need to comply with a legal or regulatory obligation.
Further details of the types of lawful basis that we will rely on to process your personal data can be found in the Glossary.
We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Purposes for which we will use your personal data
The table, below, sets out the purposes and activities for which we process your personal data and the Lawful basis for us doing so. You can find more details on the Lawful basis’ for processing in the Glossary.

Disclosures of your personal data
When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table, “Purposes for which we will use your personal data”, above:
· Internal Third Parties as set out in the Glossary.
· External Third Parties as set out in the Glossary.
· Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
International transfers
Some of our External Third Parties are based outside the EEA so their processing of your personal data may involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
· We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see: European Commission: Adequacy of the protection of personal data in non-EU countries: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
· Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.
· Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

Data security
All information you provide to us is stored on secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the App, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.
We will collect and store personal data on your Device using application data caches and browser web storage (including HTML5) and other technology.
The App includes social networking features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.
Data retention
We only store your data provided to us for as long as it is necessary to fulfil the respective purpose for which you have transmitted your data to us or to comply with legal requirements.
The retention period for cookies and similar technologies varies from 24 hours up to 8 years.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
In the event that you do not use the App for a period of one year then we will treat the account as expired and your personal data may be deleted.
Your legal rights
Under certain circumstances you have the following rights under data protection laws in relation to your personal data.
You have the right to:
· Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
· Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
· Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
· Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
· Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
if you want us to establish the data’s accuracy;
where our use of the data is unlawful but you do not want us to erase it;
where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
· Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
· Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
You also have the right to ask us not to continue to process your personal data for marketing purposes.
You can exercise any of these rights at any time by contacting the DPO

2. Processing of your customer’s personal data

Where our App is used by you to collect the personal data of your customers, that data shall be processed by Amazon Web Services EMEA SARL (“Amazon”). The terms on which Amazon process your customer’s personal data can be found here: https://d1.awsstatic.com/legal/aws-gdpr/AWS_GDPR_DPA.pdf .
You are solely responsible for obtaining your customers consent for the processing of their personal data and we shall not be construed to be a data controller in respect of your customers’ personal data.
We exclude, to the maximum extent allowable by law, all liability, including any direct loss, consequential loss, loss of profits, costs, expenses, damages, loss of reputation and all interest, penalties and legal costs, arising as a result of any failure by you to observe and perform any laws and regulations applicable to your collection, controlling and processing of your customers’ personal data.

Glossary

1.1 LAWFUL BASIS
Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
1.2 THIRD PARTIES
INTERNAL THIRD PARTIES
Other companies in the KYB Group acting as joint controllers or processors and who provide IT and system administration services and undertake leadership reporting.
EXTERNAL THIRD PARTIES
Service providers acting as processors who provide IT and system administration services, including (but not limited to) Amazon Web Services EMEA SARL, whose Data Protection Policy can be found here: https://d1.awsstatic.com/legal/aws-gdpr/AWS_GDPR_DPA.pdf
TecAlliance, whose Data Protection Policy can be found here: https://www.tecalliance.net/wp-content/uploads/sites/46/2018/08/Privacy-Policy_TecDoc-Catalogue-Mobile.pdf
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
1.3 DESCRIPTION OF CATEGORIES OF PERSONAL DATA
· Identity Data: first name, last name, maiden name, username or similar identifier, marital status, title, date of birth, gender.
· Contact Data: billing address, delivery address, email address and telephone numbers.
· Device Data: includes the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use and time zone setting.
· Profile Data: includes your username and password, your interests, preferences, feedback and survey responses.
· Usage Data: includes details of your use of our App including, but not limited to, traffic data and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
· Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.