LAST UPDATED: February 2023.
Content
1.2 Purpose of this Privacy Policy
1.3 Modifications to this Privacy Policy
2 General notes and compulsory information
2.1 Data Protection - Definitions
2.3 Links to third party websites
2.4 No use of the app by children
2.5 Automated individual decision making
3 Data collection and data processing in this app
3.1.1 Collection and processing of personal data
3.1.2 Collection and storage of app usage data
3.1.3 Data regarding the performance of the app
3.1.4 Transfer of personal data to third parties
3.1.6 Request by e-mail,phoneor fax
4.1 Revocation of your consent to data processing
4.2 Right to object to data processing in specific cases and to direct advertising
4.3 Right to lodge a complaint with the competent supervisory authority
4.4 Information,erasureand rectification
4.6 Right to restriction of processing
6 Objection to advertising e-mails
7 Specific data protection regulations for certain countries
This Privacy Policy informs you on how we process your data when you use the KTMconnect, Ride Husqvarna Motorcycles and GASGAS+ App. This Privacy Policy does not contain or replace consent to data processing.
We at PIERER Industrie AG (“PIERER Industrie” or “PIAG”) respect and protect the privacy of all our customers and app users and adhere strictly to the regulations under data protection law in the jurisdiction where you are located. Personal data will be collected in this mobile app only to the extent required. Under no circumstances will the personal data stored be sold. The following Privacy Policy gives you an overview of how we ensure this protection and the information required under Art 13 of the General Data Protection Regulation (“GDPR”) on the processing of your data, in particular which categories of data PIERER Industrie stores in respect of the users of the KTMconnect, Ride Husqvarna Motorcycles and GASGAS+ app, (hereinafter referred to as “APP”) and for what purpose.
This Privacy Policy gives you all the information concerning the general part of the KTMconnect, Ride Husqvarna Motorcycles and GASGAS+ app (“App”). It represents therefore the “General Privacy Policy”. The App offers some special features, these special features have their own Privacy Policies, which are brought to your notice as soon as you start the feature in question and can be found online afterwards.
This Privacy Policy informs you on how we process your data when you use the KTMconnect, Ride Husqvarna Motorcycles or GASGAS+. This Privacy Policy does not contain or replace consent to data processing.
Due to the fast development of connected devices, this App and the legal situation, it may be necessary to make occasional changes to this Privacy Policy. Please therefore always read the current version in each case. We will notify you as soon as practicable if we change our privacy handling procedures as set out in this Privacy Policy.
You are required to register and create an account with username and password in order to use the App. As there is only one account for all Apps and all web-applications from PIAG (under the brands KTM, Husqvarna Motorcycles and GASGAS+), you may also use an existing account to sign in for the App. As soon as you delete your account, all associated data will also be deleted by us. If you have purchased a paid feature of the App for a certain period of time (please see the respective privacy information and the terms of use of the individual features), only the information regarding for how long you paid for the feature will be restored by Google (Google Play Store) or Apple (Apple App Store) when you create a new account via the same email address and you will again receive access to your premium services for the paid period of time but without the associated data that has been deleted. We use the data entered for this purpose (see Point 3 Data collection and data processing in this App) only for the purpose of utilising the respective offer or service for which you have registered. The mandatory data requested during registration must be provided in full. Otherwise, we will refuse registration.
For important changes, such as changes to the scope of the offer or technically necessary changes, we will use the e-mail address provided during registration to inform you in this way.
The data entered during registration is processed for the purpose of implementing the user relationship established by the registration and, if applicable, for the initiation of further contracts made at your request (Art 6 para 1 lit b GDPR).
The data entered during registration is stored by us for as long as you are registered on the App and is then deleted. Statutory retention periods remain unaffected. For details of the storage periods, see in Detail Point 3.1.2 Collection and storage of usage data.
You have the right to revoke your consent to data processing, to object to data processing in specific cases and to direct advertising, to lodge a complaint with the competent supervisory authority, of information, to erasure and rectification, to data portability, to restrict the processing, to assert of your rights.
For further information about your rights please see point 4 “your rights”, where you can find a more detailed description.
Personal data means any information relating to an identified or identifiable natural per-son; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, like an IP address, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Various pieces of information that can lead to the identification of a specific person together also constitute personal data. Depending on the country where you are located, some of this data may be categorised as sensitive in nature.
Pseudonymised data means data that can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not (and cannot be) attributed to an identified or identifiable natural person.
Anonymised data means data that does not allow any conclusions to be drawn about individual persons.
This App uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as your website provider.
We would like to point out that nevertheless data transfer on the Internet can have security gaps. Complete protection of data against access by third parties is not possible.
There may be hyperlinks in our App leading to external websites that do not belong to our organisation. Should you visit such websites, we can assume no responsibility for the trustworthy handling of your data.
Subject to the laws in the country where you are located, this App and all additional Features are not intended for children under the age of 16. If you are under 16, please do not use the App and uninstall it from your mobile device.
We would like to inform you that no data processing within the meaning of Art 22 GDPR takes place. This means that we do not make decisions based solely on automated processing, including profiling, which produce legal effects concerning you or similarly significantly affect you; any decision with equivalent effect is made by a natural person.
We collect personal data and other information, that you provide directly or indirectly (for example when you register into our App or use our products and services). We process mandatory data (your email address, your first and last name) for the fulfilment of our contractual obligations (Art 6 para 1 lit b GDPR), namely the fulfilment of the usage contract of this App. Not providing your data would have the consequence that we would not be able to fulfil our contractual obligations. We process the not mandatory data (gender, profile picture, nickname, rider number, skill level, body weight, gear weight, preferred dealer, owned motorcycles, your individual engine and suspension settings) based on your consent (Art 6 para 1 lit a GDPR). After collection of the data, we may furthermore use your data to process your enquiries and to fulfil legal obligations (cf. Art 6 para 1 lit c GDPR).
We recognise and respect the importance of the responsible use of the data collected from App users. We will not use the data mentioned above to inform you about product news, services and offers without your permission.
When the App is used, the following electronic communication metadata is stored in anonymised form: IP address, date and time of access, ID of the feature used, errors happening in the App, date and time of App errors. The data can be evaluated anonymously for statistical purposes. This data is kept strictly confidential and not transferred outside of our system or made accessible to other third parties, unless this is necessary to fulfil our legal or contractual obligations or to fulfil the legal and legitimate interests.
We have activated the IP anonymisation feature in this App, which is a global feature. As a result, your IP address is shortened by Google within Member States of the European Union or in other signatory states to the Agreement on the European Economic Area before it is transmitted to the USA. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there.
Subject to data retention laws in your jurisdiction, we will store the data listed in this point for three years after the last interaction with KTM services in which the same login data was used and thereafter delete, destroy or anonymise it, but you may request deletion or destruction of the data at any time.
Data that you provide us with will be processed by us for the purpose of contract fulfilment, for example for the implementation of a competition or other features of the App (cf. Art 6 para 1 lit b GDPR), to process your enquiries, notify you of changes or improvements of products or services which could affect you or to fulfil other legal obligations (cf. Art 6 para 1 lit c GDPR)
Only if we get your marketing consent, we may process your data for the following purposes
When you use the App or any additional Feature for the first time, you will be shown a pop-up window with various information relating to the processing of your personal data. If you proceed by clicking on “Continue”, we will store this information together with your KTMconnect, Ride Husqvarna Motorcycles and GASGAS+ Customer ID and the date when you click it.
You may change your privacy settings at any time under the App settings. We will store this information together with your KTMconnect, Ride Husqvarna Motorcycles and GASGAS+ Customer ID and the date when you changed it.
You may agree/disagree to marketing directly in the App. The withdrawal of your consent does not affect the lawfulness of processing based on consent before its withdrawal.
The information below is required for the App to run. The App automatically collects and caches information about unexpected App behaviour, especially crashes. At certain times this data is automatically synchronised with the Firebase back-end service in California, USA. It also collects statistics on App usage. This allows to improve the App with future releases.
This data is collected in case of unexpected behaviour:
This data is collected for app performance:
This data is not merged with other data sources.
The collection of this data is based on Art 6 para 1 lit f GDPR. The App publisher has a legitimate interest in the technically error-free display and optimisation of its App.
This chapter only applies to you if you used the Google Play Store to download the KTMconnect, Ride Husqvarna Motorcycles and GASGAS+ App.
Google may collect certain usage statistics from Google Play and your Devices. Including, but not limited to, information on how the App, Google Play itself, and your devices are being used. Google developers have access to some data collected by Google. Google relies on the European Commission's standard contractual clauses for transfers of personal data from the European Economic Area, Switzerland and the United Kingdom to countries not covered by an adequacy decision (e.g. the United States).
For more information, please read Google Play's Privacy Policy, which you can find here.
If required by law or contract, it may be necessary in an individual case to submit your data to our group companies or external business partners in countries outside of where you are located. The following data will be transmitted to third parties listed below:
Your data is not sold, leased or otherwise transmitted to external third parties. This does not include partners who support us in operating the service, in the course of doing business, or in other services in which it is, of course, ensured that they are obligated to maintain confidentiality. Within the scope of processing your order or request, we sometimes commission external business partners, who are, however, contractually obliged to comply with the data protection regulations.
A disclosure to our affiliated companies or other third parties only occurs to the extent these recipients of the information have committed themselves to us in regard to the applicable data protection regulations.
Insofar as we involve external business partners in the context of data processing, we have ensured that these have been selected and are monitored in accordance with the relevant statutory provisions and are also obliged to comply with the data protection regulations and laws. Apart from this, no disclosure of your data is made.
Your app data will be transferred to the following third parties:
|
recipient |
purpose |
location of recipient |
basis for transmission to third country |
|
KTM AG |
App backend |
EU |
Within EU |
|
|
Google firebase and crashlytics app performance and error analytics |
USA |
Standard Contractual Clauses |
|
Microsoft |
Cloud hosting |
EU |
Within EU |
|
OneTrust |
Consent management |
USA |
Standard Contractual Clauses |
|
SAP |
SAP CDC backend for user data |
EU |
Within EU |
Where required by law, we may also disclose your personal data to law enforcement agencies or government agencies for investigational purposes or to comply with our legal obligations.
If you send us requests via the support request form, your details from the request form, including the contact details that you provide there, will be stored by us for the purpose of processing the request and in the event that any follow-up questions should arise.
This data is processed on the basis of Art 6 para 1 lit b GDPR, to the extent that your request is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art 6 para 1 lit f GDPR) or on your consent (Art 6 para 1 lit a GDPR), provided that this was requested. We will not pass on this data without your consent.
The data which you enter in the contact form will remain with us until you request us to erase it, revoke your consent to its storage or the purpose for which it was stored ceases to apply (e.g. after your request has been processed). Mandatory legal provisions - in particular retention periods - remain unaffected.
The App extends this data with additional information in the service ticket to better help with the request:
If you contact us by e-mail, phone or fax, your request including all personal data (name, request) arising from this will be stored and processed by us for the purpose of processing your request.
This data is processed on the basis of Art 6 para 1 lit b GDPR, to the extent that your request is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art 6 para 1 lit f GDPR) or on your consent (Art 6 para 1 lit a GDPR), provided that this was requested. We will not pass on this data without your consent.
The data which you send us via contact requests will remain with us until you request us to erase it, revoke your consent to its storage or the purpose for which it was stored ceases to apply (e.g. after your request has been processed). Mandatory legal provisions - in particular statutory retention periods - remain unaffected.
Please refer to Point 7 if you are based in California or Australia.
Certain data processing operations (see Points 3.1.2., 3.1.5, 3.1.6) are only possible with your explicit consent. You can revoke consent you have already given at any time. To do this, an informal notification to us by e-mail or via post is sufficient (see contact details below). The legality of the data processing that took place up until the revocation remains unaffected by the revocation.
You have the right, on grounds relating to your particular situation, to object at any time to processing of your data that is necessary to protect our legitimate interests or those of a third party. In the event of an objection, we will no longer process your data unless the processing serves the assertion, exercise or defence of legal claims or we can demonstrate compelling legitimate grounds for the processing which override your interests. If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes (Art 21 GDPR).
If you believe that the processing of your personal data has not been carried out lawfully, please contact us by post or email (see contact details below) so that we can learn about your concerns and respond to them.
However, in the event of breaches of the GDPR, you have the right to lodge a complaint with the Austrian data protection authority or another data protection supervisory authority in the EU, in particular at your place of residence or workplace. The right of appeal is without prejudice to their administrative or judicial remedies.
In accordance with Art 15 GDPR, you have the right to request information which personal data is processed by us free of charge at any time. The right of access also includes the right to obtain a copy of the data, provided that this does not adversely affect the rights and freedoms of other persons (Art 15 GDPR).
Furthermore, you have the right to request the correction or completion of incorrect or incomplete data (Art 16 GDPR).
In addition, you can request the deletion of your data at any time (Art 17 DSGVO). Please note that we cannot comply with an erasure request if the processing (storage) is necessary for the fulfilment of a legal obligation (e.g. legal retention obligations) or if we are entitled to do so due to overriding interests (e.g. assertion or defense of certain legal claims).
Additionally, you have the right to receive the processed data in a structured, common and machine-readable format. The right to data portability only exists if the data processing is based on your consent or on a contract (Art 20 GDPR).
You have the right to request the restriction of the processing of your personal data. To do this, you can contact us at any time at the address specified in point 5. The right to restriction of processing exists in the following cases:
If you have restricted the processing of your personal data, such data may, with the exception of storage, only be processed with your consent or for the purpose of establishing, exercising or defending legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the European Union or a Member State.
To exercise any of the above rights or if you have further questions about personal data, you can contact us either by e-mail or by mail. You can find our contact details in point 5 below.
The body responsible for data processing in this app is PIERER Industrie AG (see below)
If you have any questions that are not answered by this Privacy Policy, or if you require more detailed information on a particular point, please feel free to write to PIERER Industrie at any time at the following address:
PIERER Industrie AG
Edisonstraße 1
4600 Wels
Austria
Phone: +43 (0)7242 / 69402
E-Mail:privacy@piererindustrie.at
Company Registration number: FN 290677 t
court of jurisdiction:Landesgericht Wels
Member of the Oberösterreichische Wirtschaftskammer
VAT: ATU 63 26 21 05
In Australia, you can reach us at the following contact details:
KTM Australia PTY Ltd.
402 Hoxton Park Road, Prestons
NEW SOUTH WALES 2170
AUSTRALIA
We hereby object to the use of contact details published within the scope of the imprint obligation to send advertising and information materials not expressly requested. The publisher of the App explicitly reserves the right to take legal action in the event of unsolicited sending of advertising information, such as through spam e-mails.
This App including its additional features is used in various countries. We would therefore like to draw your attention to the specific data protection regulations in the respective countries.
This section contains additional information for residents of the State of California in the United States.
Personal Information We Collect
In the last 12 months, we have collected the following categories of personal information that identify you or your household:
Use & Disclosure of Personal Information
We use the personal information collected for the business purposes described in section 3 (“Data collection and data processing in this App”) above.
In the last 12 months, we have disclosed the following categories of personal information to our affiliates and business partners for a business purpose:
The California Consumer Privacy Act (“CCPA”) considers certain disclosures of personal information to third parties “sales” even when no money is exchanged. We do not sell your personal information as that term is defined in the CCPA and do not have actual knowledge that we sell the personal information of any individual under 16 years of age.
Your California Privacy Rights
To exercise your California Privacy Rights, you can submit your request by emailing us at ccpa@ktmnorthamerica.com or by calling our toll-free telephone number [1-888-671-4619].
We will need to verify your request to exercise your California Privacy Rights. We generally are able to verify such requests by matching the information you provide with information we have collected about you. However, you may be asked to provide additional personal information for verification purposes. We may be unable to fully process your rights if we are unable to verify your request to a reasonable or reasonably high degree of certainty.
You are permitted to use an authorised agent to submit requests on your behalf if we can verify the authorised agent’s authority to act on your behalf (such as pursuant to a power of attorney valid under the laws of California or if you have separately verified your identity or the relevant authorisation with us).
We are committed to protecting your privacy in accordance with the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1988 (Cth) (“Privacy Act”). For the avoidance of doubt, references to “processing” in this Privacy Policy includes the collection, use and/or disclosure of personal data (as the context requires).
As noted in point 3.1.4 above, we share your personal data with a variety of third parties located in various jurisdictions such as in the European Union and United States of America. Under these circumstances, we will take reasonable steps to ensure any third parties will handle your personal data in accordance with the APPs.
Under the Privacy Act (APPs 12 and 13) you have the right to ask for access to personal data that we hold about you and request the correction your personal data. You can ask for access or correction of your personal data by contacting us (see point 5). We will endeavour to respond to your request within 30 days. We will ask you to verify your identity before we give you access to your information or correct it, and we will try to make the process as simple as possible. If we refuse to give you access to, or correct, your personal data, we must notify you in writing setting out the reasons.
If you have any queries or complaints about this Privacy Policy or consider there has been any breach of the APP, please contact us in writing (see point 5 above). If you are dissatisfied with the outcome of the complaint or the way in which the complaint was handled, then you may contact the Office of the Australian Information Commissioner (OAIC).