HONDA MY GENERATOR APP CUSTOMER PRIVACY NOTICE
Honda is committed to protecting and respecting your privacy. This Privacy Notice tells you how Honda Motor Europe Limited (“Honda”, “we”, “us”) processes your personal data when you visit, download, or contact Honda in relation to the Honda My Generator mobile application software known as My Generator (including any services which may be accessible via the application) (collectively the “App”). This Privacy Notice also describes your personal data protection rights, including a right to object to some of the processing that Honda carries out. More information about your rights, and how to exercise them, is set out in the “Your Choices and Rights” section.
We may also provide you with additional information when we collect personal data, where we feel it would be helpful to provide relevant and timely information.
Depending on your relationship with Honda, we may also provide or may have already provided you with other notices about our use of your personal information, for example where you have already bought another Honda product, you may have agreed to our contacting you in relation to the maintenance and upkeep of that Honda product, or in relation to the receipt of other communications or marketing information from Honda. Those notices are not replaced by this Privacy Notice and are therefore, still in effect, as may be applicable.
What Personal Data We Collect
The Honda My Generator app uses identifier data unique to your device in order to communicate with the Honda generator and third-party software, devices, networks and services, as further set out in and in accordance with this Honda Privacy Notice. Honda does not, however, receive, store or otherwise process any data which enables the identification of an individual person as a result of them using the Honda My Generator app, nor does it provide such data to third-parties.
We process the following types of personal data:
• When you use the App: Technical details of your use of the App such as your IP address and operating system, IMEI number, browser type (for visits to our website), details of the device you are using to access the App (“Device”) (e.g. your Device serial number, unique identification number, MAC address) and technical and event based data in relation to your usage of your Device (e.g. internet and Bluetooth pairing and connectivity data and session duration);
• Why We Collect, Use and Store this Personal Data
We collect, use and store your personal data for the reasons set out below.
· Where necessary for Honda’s legitimate interests.
For example:
o to deliver the App and related services to you;
o to administer the App;
o to enable you to download updates to the App and any replacements;
o to allow us to improve and optimise the functionality of the App and Honda products and services (particularly our Honda Generator range);
o to understand which parts of the App are popular/most used, or those which need changing/upgrading;
o to respond to user questions and complaints;
o for internal record keeping;
o for management and audit of our business operations including management analysis, auditing, forecasting, business planning;
o where necessary as part of any restructuring or sale of Honda or a relevant Honda Group company’s business or assets; and
o to gather anonymous data and use it (normally on an aggregated statistical basis) for research and analysis to improve the performance of the App – please see ‘Aggregated Information’ below.
· Where necessary to perform any contract Honda has with you or to take steps to enter into it.
o For example, providing you with technical support in relation to your Honda Generator, providing the service offered by us via the App and for any other purposes related to the management of your legal relationship with Honda.
· Where necessary to comply with a legal obligation.
o For example, when you exercise your legal rights under data protection law, to verify your identity, for the establishment and defence of our legal rights, for activities relating to the prevention, detection and investigation of crime (which may involve sharing your information with law enforcement agencies, as explained below) and for compliance with legal and regulatory responsibilities that apply to us.
· Aggregated Information
o Honda will also gather anonymous data and use it (normally on an aggregated statistical basis) for research and analysis to improve the App, analyse trends and, tailor products. Aggregated personal information does not personally identify you or any other user of the App.
How We Share Your Personal Data
(a) Transfers within the Honda Group of Companies
We share your personal data with members of the Honda Group.
For the purposes mentioned above, your personal data will be processed in, or accessed from, members of the Honda Group of Companies situated in jurisdictions outside the UK and European Economic Area ("EEA") that do not have equivalent data protection laws to those in the UK and EEA. When we transfer your data within the Honda Group of Companies, we make use of standard contractual data protection clauses, which have been approved by the European Commission.
Transfers outside the UK and EEA
When personal data is transferred internationally, we will rely on acceptable and defined legal mechanisms to ensure that we always protect personal data. In doing so, we may use standard contractual data protection clauses, which have been approved by the European Commission and currently adopted by the UK Government. We may also transfer your data. We may also transfer your data to organisations which have corporate rules in place to protect your data, which have been approved by the EU data protection authorities. Alternatively, certain countries like Japan, are also deemed to be adequate countries for the purposes of transferring your personal data and Honda Motor Europe may make use of such ‘adequacy’ designations. For further information, including to obtain a copy of the documents used to protect your information, please contact us as described in the Contact Us section below.
(b) Transfers to other organisations
· Transfers to third parties if we are under a duty to disclose your personal data in order to comply with a legal obligation or if we consider this is necessary for us to protect the rights, property or safety of Honda, our customers or others.
· Transfers to government authorities and/or law enforcement officials if mandated by law or if required for the protection of our legitimate interests in compliance with applicable laws.
· Transfers to prospective or actual buyers in the event that Honda, or any part of the Honda Group, sells any of its business or assets which includes personal data.
Your Choices and Rights
(a) Your general Choices and Rights
· You have the right to be informed about the processing of your information (this is what this notice sets out to do) to ask Honda for a copy of your personal data; to correct, delete or restrict processing of your personal data; and to obtain the personal data you provide in a structured, machine readable format.
· You can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement).
· Where we have asked for your consent, you may withdraw consent at any time. If you ask to withdraw your consent to Honda processing your data, this will not affect any processing which has already taken place at that time.
These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law or have compelling legitimate interests to keep.
(b) Your Right to Complain to a Supervisory Authority
You also have the right to complain to a supervisory authority for data protection. The supervisory authority could be in the place where you live, or where you work, or where a breach of data protection obligations has occurred.
Updates to this Privacy Notice
This Privacy Notice may be updated periodically. We will update the date at the top of this Privacy Notice accordingly and encourage you to check for changes to this Privacy Notice, which will be available on the App. On some occasions, we may also actively advise you of specific data handling activities or significant changes to this Privacy Notice, as required by applicable law.
Contact Us
The App is controlled by Honda Motor Europe Limited (company number 857969) which is the data controller for personal data collected via the App and whose registered address is Cain Road, Bracknell, Berkshire, England, RG12 1HL.
If you have any questions about this Privacy Notice, please contact our data protection officer at DPO@honda-eu.com.
This privacy policy addresses the processing of personal data under applicable Data Protection Laws. For information on how Honda processes your Product Data and Related Services Data under the EU Data Act, please refer to the Annex below.**
Annex: Processing of Personal Data under the EU Data Act
This Annex outlines how Honda processes Product Data and Related Services Data generated by your use of Honda Generator EU32i and EU70i (“Generator”) and/or the myGenerator (“App”). For a detailed overview on which data we have currently identified as Product Data and Related Services Data please see the information provided on the data types collected and processed, as outlined in the EU Data Act Information Sheet for the Generator and myGenerator available via the App.
Honda treats all Product Data and Related Services Data as personal data, as they are inextricably linked to you through your user account and/or product ID. Accordingly, their processing must generally comply with applicable data protection laws, including the GDPR.
1. Scope and Definitions
1.1 This Annex governs the processing of personal data that qualifies as Product Data and Related Services Data which can be lawfully requested under
(a) Chapter II of the EU Data Act (by you either directly or via third parties), or
(b) Chapter V of the EU Data Act (by Public Sector Bodies).
1.2 For the purposes of this Annex, the following definitions apply:
(a) Primary User: A natural or legal person who is registered with Honda as the owner of a Generator and/or is the primary account holder of the App.
(b) Other User: A natural or legal person who is contractually authorised to temporarily use the Generator and/or is contractually authorised to temporarily use the App.
(c) User: A Primary User and/or Other User.
(d) Product Data: Data generated through the use of the Generator, designed by the manufacturer to be retrievable via electronic communication, physical connection, or on-device access.
(e) Related Services Data: Data representing the digitisation of user actions or events related to the Generator, either recorded intentionally by you or generated as a by-product during the provision of a related service through the App.
2. Lawful processing
Honda processes Product Data and Related Services Data generally in accordance with the legal bases identified in the Privacy Policy above. Where Honda is required to make available Product Data and Related Services Data that qualifies as personal data we need to differentiate between three main scenarios:
2.1 Data subject is the requesting User: We may have to make Product Data and Related Services Data that qualifies as personal data available to a user which is also the data subject (under Art. 4 (1) or to a third party under Art. 5 (1) EU Data Act). In such circumstance the legal basis for making the data available is Art. 6 (1) (c) GDPR as this is necessary for compliance with a legal obligation (Art. 4 (1) and Art. 5 (1)) to which we are subject to. At the same time we are effectively complying with data subjects’ instructions when he/she exercises its right under Art. 4(1) or has chosen a third party as the recipient of data as per Art. 5 (1) EU Data Act.
2.2 Data subject is not the requesting User: where a User makes a request under Art. 4 (1) EU Data Act or Art. 5 (1) EU Data Act, or where a third party makes a request on behalf of the User under Art. 5 (1) EU Data Act without the requesting User being the data subject with respect to the data that is subject to such request, the following applies:
2.2.1 Where we know that the requesting User is not the data subject, we will require the requesting User or third party requesting according to Art. 5 (1) EU Data Act to provide evidence that the data subject has declared consent (Art. 6 (1) (a) GDPR. Where the User cannot provide evidence for consent from data subjects, Honda might make the data available based on legitimate interest pursuant to Art. 6 (1) (f) GDPR as a legal basis. In such event we will, however, need to be assess in each individual case of a request whether making the data available is necessary for the purposes of the legitimate interests pursued by the requesting user, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.
2.2.2 Where we have no indication or reason to believe that the requesting User is not the data subject, we have to rely on the requesting User or the requesting third party in Art. 5 (1) EU Data Act scenarios to have assessed that their access to the requested data available is in compliance with the GDPR. Before making Product Data and Related Services Data that qualifies as personal data available, we generally require requestors to confirm their commitment to comply with the GDPR by accepting EU Data Act terms of use as provided by Honda.
2.3 Requests by governmental institutions, bodies, offices and agencies: Providing access to public sector bodies, the Commission, the European Central Bank, or a Union body that demonstrates an exceptional need for specific data, as outlined in Article 15 Data Act, the Article 14 (1) Data Act scenario: in such cases the legal basis is Art. 6 (1) (e) GDPR because making available Product Data and Related Services Data that qualifies as personal data is necessary as a means of last resort to respond to a public emergency, where emergency response and resolution lie in the public interest.
Clarification: The legal bases for processing outlined in Honda’s privacy policy remain fully applicable. The same holds true for provisions regarding the form of consent and the possibility of its withdrawal.
3. Request Procedure
3.1 Requests under the EU Data Act must clearly indicate whether they are made under:
(a) GDPR (e.g. access, rectification), or
(b) Data Act (e.g. access to Product Data or Related Service Data).
3.2 The Primary User is responsible for ensuring that Other Users (e.g. alternate users, other users of shared accounts) are aware of this policy and consent to the sharing of data generated during their use of the connected product / provision of related services. Honda assumes that any data processed relates to the Primary User unless otherwise indicated.
3.3 Requests under the Data Act submitted by any Other User require verification whether that natural or legal person qualifies as a user. To the extent necessary verification may include the following:
(a) Valid personal identification (e.g. passport, national ID card etc.);
(b) Documentation evidencing a contractual right to temporarily use the Generator and/or App, linked to the Primary User;
(c) Indication of the specific usage periods of the Generator and/or App by the Other User;
(d) Written declaration (text form being sufficient) that the request pertains exclusively to data generated during the Other User’s own use of the Generator or App or in multiple user scenarios a written declaration (text form being sufficient) of consent of other data subjects affected in the request period, potentially also including the Primary User.