Privacy Policy - Livy App

Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a GDPR serves as the legal basis.

In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations which are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

If vital interests of the data subject or of another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage no longer applies. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible is subject. Data will also be blocked or deleted when a storage period prescribed by the above-mentioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.

To set up the app according to the instructions in the Smart Ring + Smoke Detector User Guide, the Bluetooth interface of the user's smart phone or tablet is used to transmit the data in the settings to the Livy Protect Smart Ring.

This data includes:

- WLAN identification together with password

- The approximate ceiling height of the room in which the Livy Protect Smart Ring will be installed and

- An indication (yes/no) of whether a free-roaming pet is present

WLAN identification and password are only collected, stored and used to connect the Livy Protect Smart Ring to the Internet. The other data serve to avoid false alarms due to movement data. After opening the app, the user must register with his mobile phone number. He will then receive a 6-digit verification code via SMS, with which he must confirm his mobile phone number. The mobile phone number is used exclusively for this purpose and to notify the user by SMS in all three operating modes in the event of an alarm.

If some functions of the App are offered exclusively against payment, it is necessary that you provide us with further payment details (especially the credit card number) in order to use these functions. The payment processing is handled on our behalf by Adyen BV in the Netherlands. For this purpose Adyen will receive your payment details and your name. We have concluded an order processing agreement with Adyen in accordance with Art. 28 DSGVO and Adyen is obliged to process your data exclusively to the extent necessary to enable payment processing for the functions for which payment is required or to fulfil its legal obligations.

1. Description and Extent of Data Processing

It is possible to contact us via the provided e-mail address. In this case, the user's personal data transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.

2. Legal Basis for the Data Processing

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 Par. 1 lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b GDPR.

3. Purpose of the Data Processing

The processing of personal data serves us solely to process the contact. This also includes the necessary legitimate interest in processing the data.

4. Duration of Storage

The data will be deleted as soon as they are no longer necessary for the purpose for which they were collected. For personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be concluded from the circumstances that the matter in question has been finally clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. Possibility of Objection and Removal

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case the conversation cannot be continued.

The revocation can be made by e-mail to the data protection officer Mr. Ali Reza Humanfar at revocation@livy-home.com or by letter to the address given above under section I.

All personal data stored in the course of the contact will be deleted in this case.

1. If personal data is processed by you, you are a data subject within the meaning of the GDPR and you are entitled to the following rights in relation to the person responsible:

You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us.

In the event of such processing, you may request the following information from the data controller:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data processed;

(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;

(4) the planned duration of storage of the personal data concerning you or, if it is not possible to give specific details, criteria for determining the duration of storage;

(5) the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) all available information on the origin of the data, if the personal data are not collected from the data subject;

(8) the existence of automated decision-making, including profiling in accordance with Art. 22 par. 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing on the data subject.

You have the right to request information as to whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.

You have the right to ask the data controller to correct and/or complete the data if the personal data processed concerning you is incorrect or incomplete. The data controller shall make the correction without delay.

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

(1) if you dispute the accuracy of the personal data concerning you for a period of time that allows the person responsible to verify the accuracy of the personal data;

(2) the processing is unlawful and you object to the deletion of the personal data and request instead the restriction of the use of the personal data;

(3) the controller no longer needs the personal data for the purposes of the processing, but you need it in order to assert, exercise or defend legal claims, or

(4) if you have lodged an objection to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.

If the processing of personal data relating to you has been restricted, such data, apart from being stored, may be processed only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or of a Member State.

If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

a) Obligation to Delete

You may request the controller to delete the personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no legitimate reasons for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.

(4) The personal data concerning you were processed unlawfully.

(5) The deletion of personal data concerning you is necessary to comply with a legal obligation under Union or national law to which the controller is subject.

(6) The personal data concerning you has been collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.

b) Information to Third Parties

If the controller has made public the personal data concerning you and is obliged to delete them pursuant to Art. 17 para. 1 GDPR, he shall take reasonable measures, including technical measures, taking into account available technology and implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.

c) Exceptions

The right to deletion does not exist if the processing is necessary

(1) to exercise the right to freedom of expression and information;

(2) in order to comply with a legal obligation requiring processing under Union or national law to which the controller is subject or in order to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;

(4) for archiving, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the law referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or

(5) to assert, exercise or defend legal claims.

If you have exercised the right of rectification, erasure or limitation of processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.

They have the right to be informed of these recipients by the person responsible.

You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another person in charge without interference from the person in charge to whom the personal data has been communicated, provided that

(1) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and

(2) the processing is carried out using automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one person responsible to another, as far as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data transferability shall not apply to processing of personal data which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out pursuant to Art. 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

The controller no longer processes the personal data concerning you unless he can demonstrate compelling reasons for processing that are worthy of protection, which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

Notwithstanding Directive 2002/58/EC, in the context of the use of Information Society services, you have the possibility of exercising your right of 

objection by means of automated procedures involving technical specifications.

You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.

You have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effect on you or significantly affects you in a similar manner. This shall not apply if the decision

(1) is necessary for the conclusion or fulfilment of a contract between you and the person responsible,

(2) is authorised by Union or national legislation to which the person responsible is subject and that legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests, or

(3) with your explicit consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the responsible person shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of any person from the responsible person, to express his point of view and to challenge the decision.

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place of the suspected infringement, if you consider that the processing of personal data concerning you is in breach of the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and the results of the complaint, including the possibility of a legal remedy under Art. 78 GDPR.