MII-MONITOR 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 Miimo mobile application software known as Mii-monitor (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
We process the following types of personal data:
• Information to create a user profile: such as the serial number of your Honda Miimo, your username and password, age range, City and Country.
• When you use the App: Technical details of your use of the App such as your IP address and operating system, 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);
• Where you contact us directly about the App: your name and contact details (such as your address, postal code, country, telephone numbers and/or e-mail address) and the reason for your contact;
• Where you contact the authorised Honda dealer (who sold you your Honda Miimo (“Dealer”)) via the App about your Honda Miimo: your name and contact details (such as your address, postal code, country, telephone numbers and/or e-mail address), the reason for your contact and information about your Honda Miimo or Device to help diagnose any issues you may be experiencing;
• When you contact us: we may collect information about services that interest you;
• Any other information you submit to us: such as signatures, photographs, opinions, your location and any other information you provide.
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 including to send you alerts and service notifications;
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 Miimo 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 to create a profile of you to decide what products and services to offer to you for direct marketing purposes;
o for internal record keeping;
o for management and audit of our business operations including management analysis, auditing, forecasting, business planning;
o to ask you to provide your opinion or participate in surveys about our products and services (by push notifications) and to undertake and analyse those surveys and research, this is to allow us to benchmark and improve our products and services;
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 convert personal data into anonymous data and using it (normally on an aggregated statistical basis) for research and analysis to improve the performance of the App – please see ‘Aggregated Information’ below.
· Where you have given consent.
o To provide you with direct marketing including information about goods and services which may be of interest to you by messages in the App (to which you will alerted by push notifications). We will always offer a chance to unsubscribe from direct marketing at any time.
o To track and analyse usage of the App, in order to improve and optimise the functionality of the App and Honda products and services (particularly our Miimo range). These analytics are normally done on an aggregated statistical basis).
· Where necessary to perform any contract Honda has with you or to take steps to enter into it.
o Responding and/or dealing with your requests or enquiries sent through the App or otherwise, providing you with technical support in relation to your Honda Miimo, providing the service offered by us via the App (which includes sharing your information with third parties, on which see below) and for any other purposes related to the management of your legal relationship with Honda.
· Where necessary to comply with a legal obligation.
o 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.
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.
· In the event of any product recall or litigation, personal data may be shared with our parent company, Honda Motor Co. Ltd., (HM) in Japan, for the purpose of investigating any potential technical issues and coordinating group insurance.
· HM also arranges technical support for the App.
(b) Transfers to Honda authorised dealers and repairers
We share your personal data with your Dealer to enable them, with our assistance, to provide you with technical support relating to your Honda Miimo. Your Dealer is a controller of your personal data, separately from Honda, therefore, they will process your personal data in accordance with their own privacy notice. We therefore encourage you to review your Dealer’s privacy notice.
(c) Use of Amazon Alexa
You have the option of controlling your Honda Miimo mower via Amazon Alexa voice commands. To do so, you have to connect your Honda Miimo to Amazon Alexa. If you control your Honda Miimo via Alexa, you may have to transmit personal data via Amazon to Honda Miimo and vice-versa. If you give voice commands to Amazon Alexa in order to control Honda Miimo or retrieve information from your Honda Miimo, voice data are transmitted to Amazon and used by Amazon to perform the service. These data may be personal data. By connecting your Amazon Alexa and Honda accounts and by activating skills, you make it plain that the Honda Miimo installed on your system is to be controlled via Amazon Alexa and that information is to be output via Amazon Alexa. We exchange data with Amazon Alexa in this context. Amazon may process your personal data for its own purposes in accordance with any applicable privacy notices of Amazon and we have no influence over such processing. Please refer to Amazon's privacy notices with regard to Alexa for more information on data processing by Amazon.
(d) Transfers to companies providing services under contract
Your personal data will be shared with companies providing services under contract to the Honda group of companies, such the companies set out below:
· App developers (current providers: Bella Dati, Takasaki Kyodo Computing Centre)
· IT hosting (current providers: Robert Bosch Power Tools GmbH (Bosch) and a Bosch third party provide Eseye (https://www.eseye.com), Bella Dati, Microsoft Corporation via the Microsoft Azure platform, Amazon Web Services, NEC Corporation)
· IT maintenance provider (current providers: Bosch and their third party provider Fen Technologies (https://www.fentechnology.co.uk), Bella Dati, Takasaki Kyodo Computing Centre, NEC Corporation)
· Cloud server operator (current provider: Bella Dati, NEC Corporation)
· Professional advisors, such as law firms
(e) YouTube
Our websites and the App use the YouTube video platform which is operated by YouTube, LLC, 901 Cherry Ave. San Bruno, CA 94066, USA (“YouTube”). YouTube is a platform which allows the playback of audio and video files.
When you access a respective site or section of the App that contains an embedded YouTube player, this creates a connection to YouTube so that the video or audio file can be transmitted and played back.
Additional information on the scope and purpose of collected data, on further processing and usage of data by YouTube, on your rights and the privacy options available to be chosen by you, can be found in YouTube's data protection notice which can be found here: https://www.youtube.com/intl/ALL_uk/howyoutubeworks/our-commitments/protecting-user-data/.
(f) Social Plugins
In our Online Offers we use so-called social plugins from social networks. They are individually described in this section.
When using plugins, your internet browser creates a direct connection to the respective social networks’ server. This way, the respective provider receives the information that your internet browser accessed from the respective site of our Online Offers - even if you do not have a user account with this provider or are currently not logged into your account. Log files (including the IP address) are, in this case, directly transmitted from your internet browser to a server of the respective provider and might be stored there. The provider or its server may be located outside the EU or the EEA (e.g. in the United States).
The plugins are standalone extensions by social network providers. For this reason, we are unable to influence the scope of data collected and stored by them.
Purpose and scope of the collection, the continued processing and usage of data by the social network as well as your respective rights and setting options to protect your privacy can be found by consulting the respective social network's data protection notices.
In case you do not wish social network providers to receive and, if applicable, store or use data, you should not use the respective plugins.
Plugins on Facebook
Facebook is operated under www.facebook.com by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, and under www.facebook.de by Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland ("Facebook"). Find an overview over Facebook's plugins and their appearance here:
http://developers.facebook.com/plugins; find information on data protection at Facebook here: http://www.facebook.com/policy.php.
Plugins on Apple
Apple is operated under https://www.apple.com/uk/ by Apple Distribution International Limited in Ireland (“Apple”). Find an overview of Apple’s Sign In With Apple feature here: https://support.apple.com/en-gb/HT210318.
(g) Data processing by App Store operators
No data collecting by us and outside our responsibility is the transfer of data such as username, email address and individual device identifier to an app store (e.g., Google Play by Google, App Store by Apple, Galaxy Apps Store by Samsung) when downloading the respective application. We are unable to influence this data collection and further processing by the App Store as controller.
(h) 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.
Transfers outside the UK and EEA
In providing you with the App, we may transfer the personal data described in this policy to Honda Motor Limited in Japan. Japan is deemed by the European Commission and the UK Secretary of State as providing an adequate level of protection of personal data.
When you use Amazon Alexa, we also transfer personal data to Amazon so that Alexa may respond to your commands. We transfer personal data to Amazon on the basis that the transfer is necessary for us to provide you with the service you requested, therefore, the transfer is necessary for the performance of our contract with you. Once personal data is transferred to Amazon, Amazon may transfer your personal data to other jurisdictions outside the European Economic Area and the UK.
We may transfer certain personal data (details of your Device and technical and event-based data in relation to your usage of your Device) outside of the UK or the European Economic Area to the US in connection with YouTube and our Social Plugins. We may:
· rely on determinations of adequacy of the level of data protection provided by other countries, which are issued by the European Commission and/or the UK Secretary of State; or
· use standard contractual data protection clauses, which have been approved by the European Commission and/or by the UK Government (as appropriate).
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.
Your Choices and Rights
(a) Your general Rights and Choices
· 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 Rights and Choices regarding Direct Marketing
Honda will give you the opportunity to opt-in (consent) to receiving direct marketing communications in the App.
If you do not want us to send you direct marketing in the App, we would then provide you with the facility to opt out of receiving direct marketing communications.
(c) 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.
Data Retention
We will retain your personal data only for as long as we need for the purposes set out in this Privacy Notice. Unless the data needs to be retained to satisfy a legal obligation or because it may be relevant to a dispute, within 2 years after the end of your relationship with Honda for providing the particular services through the App, we will take steps to delete your personal data or hold it in a form that no longer identifies you.
Links to third party sites
Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and Group companies. Honda is not responsible for the content of any websites that are linked to its site. When entering a third party site, it is your responsibility to ensure that you read the privacy policy and legal terms & conditions that apply to that site
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 us at mii-monitor@honda-eu.com Our data protection officer can also be contacted 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 Miimo and/or the Mii Monitor App (“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 Miimo products and Mii Monitor App for Miimo Gen2 and Miimo HRM40/70) available via the App or on the relevant Honda webpage for that product.
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 Miimo 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:
c) Primary User: A natural or legal person who is registered with Honda as the owner of a Miimo and/or is the primary account holder of the App.
d) Other User: A natural or legal person who is contractually authorised to temporarily use the Miimo and/or is contractually authorised to temporarily use the App.
e) User: A Primary User and/or Other User.
f) Product Data: Data generated through the use of the Miimo, designed by the manufacturer to be retrievable via electronic communication, physical connection, or on-device access.
g) Related Services Data: Data representing the digitisation of user actions or events related to the Miimo, 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. 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 Miimo and/or App, linked to the Primary User;
c) Indication of the specific usage periods of the Miimo 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 Miimo 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.