Datenschutzerklärung Hama Home App

Effective Date: 01.06.2025

1. Kontakt

2. What information do we collect?

   Account Information

   We collect personal information that you, enter in the Application to create a user account and initiate the use of our Application. Such information includes personal information such as your name, email address, phone number, location, and other information that identifies an individual personally, as well as information that you voluntarily provide to us when expressing an interest in obtaining information about us or our products and services or otherwise contacting us.

   Usage Data

   We collect your usage information created during your use of our application relating to your use of your Smart Devices and information concerning the status, operation, functions and features of your Smart Devices. Usage Data may further include information concerning your interactions with your Smart Devices such as clicks, downloads, logs files, messages received or sent, application version number, push notification identifier, groups, rules, and location names. Usage Data may also include information collected through sensors of your Smart Device.

   Smart Device Information

   When you connect and interact with your Smart Devices, we automatically collect information concerning your Smart Device and the network connected to such a Device, such as device type, model, name, group name or nickname, location name, and other settings assigned to the device, device country code, device network operator, OS version, IP address and IMEI, the MAC address of your devices, event and event settings, sensor and configuration data, error and malfunction logs, device identifier (e.g. ICCID) and the device and automation name, wireless connection information, operating system type and version, application version number, push notification identifier, log files (including error logs).

   Video, Audio, images and Clips

   If your Smart Device stores videos, audio, images, or clips, we may access and collect such video recordings, audio recordings, live video or audio streams, images, environmental data, and other data if relevant for the orderly operation of the Application. If you use voice commands to control the Application, your voice commands will be stored and processed through the Application as part of its operation.

   Location Information

   If you consent to the collection and use of location data, your geolocation data is collected to provide the service or feature that requires location information. If you do not wish for your location information to be processed, you can turn it off in the Application settings.

   If you designate any other person as a “visitor”/”family” mode we may process similar information in connection with such a person.

   We do not knowingly or intentionally collect any sensitive personal data from you. However, please note that we cannot guarantee that sensitive information is not unintentionally shared with us while using the Application and your Smart Devices. If you submit information to the Application that is sensitive in nature, that may also be collected and processed for the purposes listed below.

   Please be aware that you are not legally required to provide us with any information, and any such information will be provided by you voluntarily and at your discretion. You may withdraw your consent to allow us to collect your information at any time. Please note, however, that withdrawing your consent will not affect the lawfulness of our processing of your information before its withdrawal.

3. How do we use your infornation?

   We use your information, including personal information, alone or in combination with other information that we may collect about you, including information from third parties, for the following purposes that we consider in our legitimate interests:

   • To identify and authenticate you.
   • To provide you with the Application and allow you to use the Application.
   • To enable you to control, manage and operate your Smart Devices using the Application.
   • To communicate with you (via email or other platforms), including responding to your requests or inquiries.
   • To better understand how users access and use our Application and their smart devices, both on an aggregated and individualized basis.
   • To provide technical support and other remote maintenance services for the Application and provide such services and support in connection with the Smart Device purchased from us.
   • To link your account information or otherwise interact with the Smart Device and other apps, devices, features and services of third-party service partners enabling the operation of your Smart Device.
   • To operate, evaluate, and improve our business (including developing new products and services; enhancing and improving our products, services and Application; analyzing our products and services by aggregating and anonymizing data and performing data analytics and accounting, auditing and other internal functions).
   • To provide you with information and customized advice in connection with your use and the functionalities and features of the Smart Device, current or future, and inform you of future product opportunities of Hama.
   • To identify and prevent unauthorized or prohibited uses of the Application, viruses, frauds, or violation of our terms and conditions, this policy or any applicable law.
   • With your consent, we will analyze the data and will send you customized marketing communication, proposals for products and services that we believe are relevant to the way you use our products and other marketing communications including information on our products and services, if you gave your consent to the communication.
   • We may share your information in any case of dispute, or legal proceeding of any kind, between you and us concerning the Application, the Smart Devices purchased from us or your use thereof.

   When providing us with your Personal Information, you are also requested to define your data collection preferences. Based on your data collection preferences, we may:

   • Analyze your user patterns and preferences anonymously to improve your experience and managing the Smart Devices.
   • Request Feedback. We may use your information to request feedback and to contact you about your use of our Services. Deliver targeted advertising to you. We may use your information to develop and display content and advertising tailored to your interests and/or location and to measure its effectiveness (and work with third parties who do so).

   You can update your data collection preferences at any time.

   By connecting to, accessing, or using the services, you consent to the collection and processing of your personal information for all purposes as specified herein.

4. Will your information be shared with anyone?

   Our provision of your information to third parties is prohibited except as provided in this Privacy Policy.

   We will not disclose, share, rent, or sell your Personal Information with or to third parties without your explicit consent, except when required by law, regulation, subpoena, or court order or in the following cases:

   • Our Personnel and Affiliates: Personal Information that we collect and process may be transferred to, or accessed by, our and our affiliate’s personnel for any purpose set forth herein. All our or our affiliates’ personnel that will have access to your Personal Information are under an obligation of strict confidentiality with respect to such Personal Information.
   • Service Providers and sub-processors: We may collect, hold, process, share and/or manage your Personal Information through our authorized third-party vendors of specific platforms, products or services (such as cloud services) (including, as applicable, their affiliates) solely and limited to providing us with such requested services, and not for any other purposes. Such vendors may be located in a country that does not have the same data protection laws as your jurisdiction. You can find a list of our service providers and sub-processors here: Copilot.cx, Google Firebase, Tuya, Ayla.
   • Advertising service providers. We may provide information collected when you use our Services to service providers, who may “match” this information in de-identified form to mobile ad identifiers and other proprietary IDs, in order to provide you with more relevant ads when you use our Services.
   • Consistent with your settings within the Smart Devices and Services.
   • Affiliates and subsidiaries. We may disclose the information we collect within our group of companies to provide our Services to you. You can find a list of our affiliates here. https://brand-distribution.com/
   • In addition, we may share Personal Information in the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Privacy Policy, including investigation of potential violations thereof, and to defend against any claims or demands asserted against us by you or on your behalf; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (e) to protect the rights, property, or personal safety of the Company, its users or the general public; (f) by virtue of undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of our assets, so long as such acquirer maintains the same privacy terms set out hereunder; or (g) pursuant to your explicit approval prior to the disclosure.

   Without derogating from anything herein, we may use non-personal aggregate information of our users and transfer and disclose it to third parties, for statistical, analytical and research purposes and for customization, development and improvement of the Application, the Smart Device and similar products and services.

5. Do we use analytics and other technologies?

   We may use various technologies and other information, including, using application telemetry and similar analytical technologies, to access, collect or store Usage Data. These technologies are used to maintain, deliver, and improve our services on an ongoing basis and to provide users with a better experience, as well as to allow us to examine user preferences, better secure the Services, identify technical issues, and monitor and improve the overall performance of the Application and Smart Devices.
   You may also manage your communication and other settings through the Application.
   Please note that we use our own and third-party analytics tools, such as Google Bigquery, to automatically collect aggregated information about your use of the Service.

   If you choose to remove or opt-out from the use of such technologies, this could affect certain features or services of our Services, and part of the Services may not function.

6. Do we engage third parties in our services?

   In connection with the Application and the Smart Devices, we may be using third-party service providers, who may collect, store, and/or process the Personal Information detailed herein on our behalf for the purposes authorized herein. We are committed to protecting your Personal Information and will take appropriate steps to ensure that your Personal Information is processed and stored securely by such third parties. Accordingly, where required by applicable law, we shall enter into a written agreement with each service provider imposing substantively similar obligations as set forth herein, and if relevant under applicable law, also any additional data protection obligations. Service providers may be located in a country that does not have the same data protection laws as your jurisdiction and while we will use the steps described above we disclaim any liability and responsibility in connection with the use of any data by third parties service providers.

7. Is your information transferred internationally?

   We may transfer, store, and process your information in countries other than your own.

   Our servers are located in the United States. If you are accessing our Services from outside the United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information in the United States, and other countries. If you are a resident of the European Economic Area, then these countries may not have data protection or other laws as comprehensive as those in your country. Where we transfer your personal information to countries and territories outside of the European Economic Area which have been formally recognized as providing an adequate level of protection for personal information, we rely on the relevant “adequacy decisions” from the European Commission and “adequacy regulations” from the Secretary of State in the United Kingdom (as applicable). Where the transfer is not subject to an adequacy decision or regulations, we will take all necessary measures to protect your personal information in accordance with this Privacy Policy and applicable law. The safeguards we use are the European Commission-approved standard contractual clauses, the EU-U.S. Data Privacy Framework, and other appropriate legal mechanisms.

8. How long do we keep your information?

   We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Policy unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it.

9. How do we keep your information safe?

   We aim to protect your personal information through the implementation of appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk.

10. Do we collect information from minors?

    We do not knowingly solicit data from children under 13 years of age. If you become aware of any data we have collected from children under age 13, please contact us at datasecurityofficer@hama.com. You can find more information about the Children’s Online Privacy Protection Act (COPPA) at http://www.ftc.gov.

11. What are your privacy rights?

    In some regions (like the European Economic Area or US states), you have certain rights under applicable data protection laws, which may include the right to:

    • Request access to and be provided with information on the processing of your personal information;
    • Request corrections of your personal information if such personal information proves inaccurate or incomplete;
    • Request your personal information to be deleted (i) if it is no longer necessary for the purposes described in this Policy, (ii) should you decide to withdraw your consent where you gave it, (iii) should you identify that it would have been unlawfully processed, or (iv) should we be under a legal obligation to erase it to comply with relevant legislation and always provided we are not under a legal obligation to keep it;
    • Restrict the processing of your personal information (i) if you contest its accuracy; (ii) if the processing is unlawful and you oppose the erasure; (iii) if it is no longer needed for the purposes set out in this Policy but you require it for the establishment, exercise or defense of a legal claim, or (iv) if you object to profiling;
    • Receive personal information which you provided to us in a structured, commonly used, and machine-readable format and to transmit it to another provider provided it is processed based on your consent or our contract. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws; and
    • File a complaint about our use of your personal information with the data privacy authority of the country in which you live - you can find their contact details here: http://ec.europa.eu/justice/da. If you have a complaint about our data practices, we hope that you’ll reach out to us first, so we have a chance to address your concerns.

12. Do California residents have specific privacy rights?

    If you are a resident of California, you are granted certain rights regarding your personal information pursuant to the CCPA, subject to certain restrictions under applicable laws. Such rights include:

    • The right to access your personal information held by us.
    • You have the right to have your Personal Data erased or deleted.
    • You have the right to opt out of the “sale” of your personal information.
    • You have the right to restrict our processing of your personal information.
    • You have the right to object to the processing of your personal information that is carried out on the basis of legitimate interests, such as direct marketing.
    • You have the right to not be discriminated against (as provided for in applicable law) for exercising certain of these rights.

    If you are a California resident and would like to exercise any of the abovementioned rights, please submit your request in writing to us using the contact information provided below. Certain information may be exempt from such requests under applicable law. We need certain types of information so that we can provide the Service to you. If you ask us to delete it, you may no longer be able to access or use the Application or our Service.

13. Data breach

    A data breach occurs when there is unauthorized access to or collection, use, disclosure, or disposal of personal information. In the event that a data breach occurs, you will be notified if we believe you are likely to be at risk of serious harm as a result of such data breach. For example, a data breach may be likely to result in serious financial harm or harm to your mental or physical well-being. In the event that we become aware of a data breach which has resulted or may result in unauthorized access, use or disclosure of personal information, we will promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

14. Controls for Do-Not-Track Features

    Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

15. Do we make updates to this policy?

    We may update this Privacy Policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your information.