PRIVACY NOTICE

(A) This Notice
Summary - This Notice
This Notice explains how we Process Personal Data. This Notice may be amended or updated from time to time, so please check it regularly for updates.

This Notice is issued by Husqvarna AB (publ.) on behalf of itself, its subsidiaries and its affiliates (together, “Husqvarna Group”, “we”, “us” and “our”) and is addressed to individuals outside our organisation with whom we interact, including customers, visitors to our Sites, users of our Apps, other users of our products or services, job applicants, and visitors to our premises (together, “you”). Defined terms used in this Notice are explained in Section (B) below.
Details of the relevant controllers under this Privacy Notice are provided in Section (W) below. Any country-specific provisions are set out in Appendix 1.
This Notice may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Notice carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Notice.

(B) Definitions

• “App” means any application made available by us (including where we make such applications available via third party stores or marketplaces, or by any other means) including but not limited to Automower Connect, My Automower, Husqvarna Battery Connect, Husqvarna Fleet Services 2.0, Husqvarna Sales Tool, Husqvarna Connect, Husqvarna Group Events, and GARDENA Smart System.
• “Adequate Jurisdiction” means a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for Personal Data.
• “Cookie” means a small file that is placed on your device when you visit a website (including our Sites). In this Notice, a reference to a “Cookie” includes analogous technologies such as web beacons and clear GIFs.
• “Controller” means the entity that decides how and why Personal Data is Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
• “Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
• “EEA” means the European Economic Area.
• “Personal Data” means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
• “Process”, “Processing” or “Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• “Processor” means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
• “Profiling” means any form of automated Processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
• “Relevant Personal Data” means Personal Data in respect of which we are the Controller.
• “Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information deemed to be sensitive under applicable law.
• “Standard Contractual Clauses” means template transfer clauses adopted by the European Commission or adopted by a Data Protection Authority and approved by the European Commission.
• “Site” means any website operated, or maintained, by us or on our behalf.

(C) Collection of Personal Data
Summary – Collection of Personal Data
We collect or obtain Personal Data: when those data are provided to us (e.g., where you contact us); in the course of our relationship with you (e.g., if you make a purchase); when you make Personal Data public (e.g., if you make a public post about us on social media); when you download, install, or use any of our Apps; when you visit our Sites; when you register to use any of our Sites, Apps, products, or services; or when you interact with any third party content or advertising on a Site or in an App. We may also receive Personal Data about you from third parties (e.g., law enforcement authorities).

Collection of Personal Data: We collect or obtain Personal Data about you from the following sources:

• Data provided to us: We obtain Personal Data when those data are provided to us (e.g., where you contact us via email or telephone, or by any other means, or when you provide us with your business card, or when you submit a job application, or when you enter a contest or participate in a promotional campaign, or when you fill out a contact form).
• Relationship data: We collect or obtain Personal Data in the ordinary course of our relationship with you (e.g., we quote on or provide a service to you, or to your employer, our service providers process orders in online shops and subsequently provide us with the associated data, we receive information about payment or delivery notifications).
• Data you make public: We collect or obtain Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).
• App data: We collect or obtain Personal Data when you download or use any of our Apps, including when you use an App in connection with an Automower or other robotic lawnmower, or any of our other products or services.
• Site data: We collect or obtain Personal Data when you visit any of our Sites or use any features or resources available on or through a Site (technical connection data, e.g. the specific web page accessed, your IP address, the date and time of access, the end device used, browser configuration data).
• Registration details: We collect or obtain Personal Data when you use, or register to use, any of our Sites, Apps, products, or services.
• Content and advertising information: If you choose to interact with any third party content or advertising on a Site or in an App, we receive Personal Data about you from the relevant third party.
• Third party information: We collect or obtain Personal Data from third parties who provide it to us (e.g., credit reference agencies; law enforcement authorities, social media providers; etc.).
• Tracking data: We may collect or obtain Personal Data through web page tracking and newsletter tracking.

(D) Creation of Personal Data
Summary – Creation of Personal Data
We create Personal Data about you (e.g., records of your interactions with us).

We also create Personal Data about you in certain circumstances, such as records of your interactions with us, and details of your purchase history.

(E) Categories of Personal Data we Process
Summary – Categories of Personal Data we Process
We Process: your personal details (e.g., your name); demographic data (e.g., your age); your contact details (e.g., your address); records of your consents; purchase details; payment details (e.g., your billing address); information about our Sites and Apps (e.g., the type of device you are using); details of your employer (where relevant); information about your interactions with our content or advertising; and any views or opinions you provide to us.

We may Process the following categories of Personal Data about you provided we have an applicable legal basis:

• Personal details: given name(s); preferred name; and photograph.
• Demographic information: gender; date of birth / age; nationality; salutation; title; and language preferences.
• Contact details: correspondence address; shipping address; telephone number; fax number, email address; details of Personal Assistants, where applicable; messenger app details; online messaging details; and social media details.
• Consent records: records of any consents you have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).
• Purchase details: records of purchases and prices; and consignee name, address, contact telephone number and email address.
• Payment details: invoice records; payment records; billing address; payment method; bank account number or credit card number; cardholder or accountholder name; card or account security details; card ‘valid from’ date; card expiry date; BACS details; SWIFT details; IBAN details; payment amount; payment date; and records of cheques.
• Data relating to our Sites and Apps: device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Site; App usage statistics; App settings; dates and times of connecting to an App; location data, and other technical communications information (some of which may constitute Personal Data); username; password; security login details; usage data; aggregate statistical information.
• Employer details: where you interact with us in your capacity as an employee of a third party, the name, address, telephone number and email address of your employer, to the extent relevant.
• Content and advertising data: records of your interactions with our online advertising and content, records of advertising and content displayed on pages or App screens displayed to you, and any interaction you may have had with such content or advertising (e.g., mouse hover, mouse clicks, any forms you complete in whole or in part) and any touchscreen interactions.
• Views and opinions: any views and opinions that you choose to send to us, or publicly post about us on social media platforms.

(F) Sensitive Personal Data
Summary – Sensitive Personal Data
We do not seek to collect or otherwise Process Sensitive Personal Data. Where we need to Process Sensitive Personal Data for a legitimate purpose, we do so in accordance with applicable law.

We do not seek to collect or otherwise Process Sensitive Personal Data in the ordinary course of our business. Where it becomes necessary to Process your Sensitive Personal Data for any reason, we rely on one of the following legal bases:

• Compliance with applicable law: We may Process your Sensitive Personal Data where the Processing is required or permitted by applicable law (e.g., to comply with our diversity reporting obligations);
• Establishment, exercise or defence of legal rights: We may Process your Sensitive Personal Data where the Processing is necessary for the establishment, exercise or defence of legal rights;
• Consent: We may Process your Sensitive Personal Data where we have, in accordance with applicable law, obtained your prior, express consent prior to Processing your Sensitive Personal Data (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way); or
• Manifestly made public: We may Process your Sensitive Personal Data where the Processing of such Personal Data relates to data which are manifestly made public by you as data subject, e.g. on our Fan Pages in social media.

If you provide Sensitive Personal Data to us, you must ensure that it is lawful for you to disclose such data to us, and you must ensure a valid legal basis applies to the Processing of those Sensitive Personal Data.

(G) Purposes of Processing and legal bases for Processing
Summary – Purposes of Processing and legal bases for Processing
We Process Personal Data for the following purposes: providing our Sites, Apps, products, and services to you; operating our business; communicating with you; enabling connectivity of our products and services; maintaining Fan Pages on social media platforms; managing our IT systems; health and safety; financial management; conducting surveys; ensuring the security of our premises and systems; conducting investigations where necessary; compliance with applicable law; improving our Sites, Apps, products, and services; fraud prevention; and recruitment and job applications.

The purposes for which we Process Personal Data, subject to applicable law, and the legal bases on which we perform such Processing, are as follows:

(H) Disclosure of Personal Data to third parties
Summary – Disclosure of Personal Data to third parties
We disclose Personal Data to: legal and regulatory authorities; our external advisors; our Processors; any party as necessary in connection with legal proceedings; any party as necessary for investigating, detecting or preventing criminal offences; any purchaser of our business; and any third party providers of advertising, plugins or content used on our Sites or our Apps.

We disclose Personal Data to other entities within the Husqvarna Group, for legitimate business purposes and the operation of our Sites, Apps, products, or services, in accordance with applicable law. In addition, we disclose your Personal Data to:

• you and, where appropriate, your appointed representatives;
• legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
• accountants, auditors, lawyers and other outside professional advisors to Husqvarna Group, subject to binding contractual obligations of confidentiality;
• third party Processors (such as payment services providers; shipping companies; etc.), located anywhere in the world, subject to the requirements noted below in this Section (H);
• any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights;
• any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;
• any relevant third party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); and
• any relevant third party provider, where our Sites and our Apps use third party advertising, plugins or content or when you choose to connect your Husqvarna Group products or services with third party products or services. If you choose to interact with any such advertising, plugins, content or connect to such products/services, your Personal Data may be shared with the relevant third party provider. We recommend that you review that third party’s privacy notice before interacting with its advertising, plugins, content or connecting Husqvarna Group products or services with third party products or services.
  If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.

(I) Profiling
Summary – Profiling
Personal Data are not subject to automated decision-making and Profiling.

We do not Process Personal Data for the purposes of automated decision-making and Profiling.

(J) International transfer of Personal Data
Summary – International transfer of Personal Data
We transfer Personal Data to recipients in other countries. Where we transfer Personal Data from the EEA to a recipient outside the EEA that is not in an Adequate Jurisdiction, we do so on the basis of Standard Contractual Clauses or Binding Corporate Rules.

Because of the international nature of our business, we transfer Personal Data within the Husqvarna Group, and to third parties as noted in Section (H) above, in connection with the purposes set out in this Notice. For this reason, we transfer Personal Data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.
Where we transfer your Personal Data from the EEA to recipients located outside the EEA who are not in Adequate Jurisdictions, we do so on the basis of Standard Contractual Clauses. You are entitled to request a copy of our Standard Contractual Clauses using the contact details provided in Section (W) below. In case we use a Processor that has adopted Binding Corporate Rules we may also transfer your Personal Data on the basis of Binding Corporate Rules.
Please note that when you transfer any Personal Data directly to a Husqvarna Group entity established outside the EEA, we are not responsible for that transfer of your Personal Data. We will nevertheless Process your Personal Data, from the point at which we receive those data, in accordance with the provisions of this Notice.

(K) Data security
Summary – Data security
We implement appropriate technical and organisational security measures to protect your Personal Data. Please ensure that any Personal Data that you send to us are sent securely.

We have implemented appropriate technical and organisational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law.

(L) Data accuracy
Summary – Data accuracy
We take every reasonable step to ensure that your Personal Data are kept accurate and up-to-date and are erased or rectified if we become aware of inaccuracies.

We take every reasonable step to ensure that:

• your Personal Data that we Process are accurate and, where necessary, kept up to date; and
• any of your Personal Data that we Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay.

From time to time we may ask you to confirm the accuracy of your Personal Data.

(M) Data minimisation
Summary – Data minimisation
We take every reasonable step to limit the volume of your Personal Data that we Process to what is necessary.

We take every reasonable step to ensure that your Personal Data that we Process are limited to the Personal Data reasonably necessary in connection with the purposes set out in this Notice.

(N) Data retention
Summary - Data retention
We take every reasonable step to ensure that your Personal Data are only retained for as long as they are needed in connection with a lawful purpose.

We take every reasonable step to ensure that your Personal Data are only Processed for the minimum period necessary for the purposes set out in this Notice. The criteria for determining the duration for which we will retain your Personal Data are as follows:

1. we will retain Personal Data in a form that permits identification only for as long as:
   a. we maintain an ongoing relationship with you (e.g., where you are a user of our services, or you are lawfully included in our mailing list and have not unsubscribed); or
   b. your Personal Data are necessary in connection with the lawful purposes set out in this Notice, for which we have a valid legal basis (e.g., where your personal data are included in a contract between us and your employer, and we have a legitimate interest in processing those data for the purposes of operating our business and fulfilling our obligations under that contract; or where we have a legal obligation to retain your Personal Data; or until you withdraw your consent and no other legal basis exists; or as long as there are statutory retention obligations),
   plus:
2. the duration of:
   a. applicable limitation period under applicable law (i.e., any period during which any person could bring a legal claim against us in connection with your Personal Data, or to which your Personal Data are relevant); and
   b. an additional two (2) month period following the end of such applicable limitation period (so that, if a person brings a claim at the end of the limitation period, we are still afforded a reasonable amount of time in which to identify any Personal Data that are relevant to that claim),
   and:
3.  in addition: if any relevant legal claims are brought, we continue to Process Personal Data for such additional periods as are necessary in connection with that claim; we may also continue to process Personal Data if deleting the data would conflict with the requirement to protect the interest of the persons concerned; or if the processing is otherwise necessary in accordance with Art.17 (3) of the GDPR.

During the periods noted in paragraphs (2)(a) and (2)(b) above, we will restrict our Processing of your Personal Data to storage of, and maintaining the security of, those data, except to the extent that those data need to be reviewed in connection with any legal claim, or any obligation under applicable law.

Once the periods in paragraphs (1), (2) and (3) above, each to the extent applicable, have concluded, we will either:

• permanently delete or destroy the relevant Personal Data; or
• anonymize the relevant Personal Data.

(O) Your legal rights
Summary – Your legal rights
Subject to applicable law, you may have a number of rights, including: the right not to provide your Personal Data to us; the right of access to your Personal Data; the right to request rectification of inaccuracies; the right to request the erasure, or restriction of Processing, of your Personal Data; the right to object to the Processing of your Personal Data; the right to have your Personal Data transferred to another Controller; the right to withdraw consent; and the right to lodge complaints with Data Protection Authorities. In some cases it will be necessary to provide evidence of your identity before we can give effect to these rights.

Subject to applicable law, you may have the following rights regarding the Processing of your Relevant Personal Data:

• the right not to provide your Personal Data to us (however, please note that we will be unable to provide you with the full benefit of our Sites, Apps, products, or services, if you do not provide us with your Personal Data – e.g., we might not be able to process your requests without the necessary details);
• the right to request access to, or copies of, your Relevant Personal Data, together with information regarding the nature, Processing and disclosure of those Relevant Personal Data;
• the right to request rectification of any inaccuracies in your Relevant Personal Data;
• the right to request, on legitimate grounds:
• erasure of your Relevant Personal Data; or
• restriction of Processing of your Relevant Personal Data;
• the right to have certain Relevant Personal Data transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable;
• where we Process your Relevant Personal Data on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Data in reliance upon any other available legal bases); and
• the right to lodge complaints regarding the Processing of your Relevant Personal Data with a Data Protection Authority (in particular, the Data Protection Authority of the EU Member State in which you live, or in which you work, or in which the alleged infringement occurred, each if applicable).
  Subject to applicable law, you may also have the following additional rights regarding the Processing of your Relevant Personal Data:
• the right to object, on grounds relating to your particular situation, to the Processing of your Relevant Personal Data by us or on our behalf; and
• the right to object to the Processing of your Relevant Personal Data by us or on our behalf for direct marketing purposes.

This does not affect your statutory rights.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Notice, or about our Processing of your Personal Data, please visit https://privacyportal.husqvarnagroup.com or use the contact details provided in Section (W) below. Please note that:

• in some cases it will be necessary to provide evidence of your identity before we can give effect to these rights; and
• where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with applicable law) we will investigate your request reasonably promptly, before deciding what action to take.

(T) Online Application Process

APPENDIX 1 – COUNTRY SPECIFIC PROVISIONS
Summary – Country Specific Provisions

If explicitly requested by you, we will send you our newsletter on the topics you have chosen as well as information about our company. Please note that the delivery can only take place after you have explicitly confirmed your subscription request again within the scope of our double opt-in procedure.

The personal data collected during the newsletter registration process is used exclusively for the purpose of sending and personalising the newsletter (e.g. to address you with your name). You can revoke your consent to the storage of personal data that you have given us for the purpose of sending the newsletter at any time with effect for the future. For the purpose of revoking your consent, each newsletter contains a corresponding link; alternatively, you can also contact us directly so that we can implement your revocation. We have provided details of the consent given to us in the double opt-in e-mail.

(U) Minors
Our Sites are not aimed at minors and we do not knowingly collect Personal Data from minors (except applicants). If persons under the age of 16 transmit personal data to us, this is only permitted if the parent or guardian has given his or her consent or has agreed to the consent of the minor. In accordance with Art. 8 Para. 2 GDPR, the contact details of the parent or guardian must be provided to us in order to convince us of the consent or approval of the parent or guardian. This data and the data of the minor will then be processed in accordance with this Privacy Notice. If we discover that a minor under the age of 16 has sent personal data to us without the consent of the parent or legal guardian, we will delete the data immediately.

(W) Details of controllers
Our Data Protection Officer for Germany is contactable using the details set out above and can also be contacted by email at datenschutz@husqvarnagroup.com.

(2) Austria
(R) Direct Marketing
Double-Opt-In-Procedure within Newsletter Subscription

If explicitly requested by you, we will send you our newsletter on the topics you have chosen as well as information about our company. Please note that the delivery can only take place after you have explicitly confirmed your subscription request again within the scope of our double opt-in procedure.

The personal data collected during the newsletter registration process is used exclusively for the purpose of sending and personalising the newsletter (e.g. to address you with your name). You can revoke your consent to the storage of personal data that you have given us for the purpose of sending the newsletter at any time with effect for the future. For the purpose of revoking your consent, each newsletter contains a corresponding link; alternatively, you can also contact us directly so that we can implement your revocation. We have provided details of the consent given to us in the double opt-in e-mail.

(U) Minors
Our Sites are not aimed at minors and we do not knowingly collect Personal Data from minors (except applicants). If persons under the age of 16 transmit personal data to us, this is only permitted if the parent or guardian has given his or her consent or has agreed to the consent of the minor. In accordance with Art. 8 Para. 2 GDPR, the contact details of the parent or guardian must be provided to us in order to convince us of the consent or approval of the parent or guardian. This data and the data of the minor will then be processed in accordance with this Privacy Notice. If we discover that a minor under the age of 16 has sent personal data to us without the consent of the parent or legal guardian, we will delete the data immediately.

(3) Australia
In addition to the above:

(C) Collection of Personal Data
If you provide Personal Data to us you must ensure that it is lawful for you to disclose that information to us under the Privacy Act, 1988 (Clth) and you must ensure that a valid legal basis applied to the Processing of that Personal Data. 

(J) Cross Border Disclosure
In compliance with the Australia Privacy Act 1988 and the Australian Privacy Principles (APPs),  Husqvarna will ensure that an overseas recipient of any personal information collected in Australia will handle an individual’s personal information in accordance with the Australian Privacy Principles  or that the recipient is subject to comply with privacy laws equivalent to or more stringent than the APPs. Husqvarna will ensure that it takes reasonable steps to ensure that the recipient does not breach the APPs in relation to that information. Information will only be disclosed to support the primary purpose for which it was collected unless an exception to that principle applies. It is not practicable to list the countries in which overseas recipients of Personal Data are likely to be located, because of the international nature of our business. However, it is likely that such countries will include at least Sweden, being the operating location of Husqvarna AB.

(N) Data Retention
Clause 2b is amended to read:

“An additional twelve (12) period following the end of such applicable limitation period, to the extent we are required or permitted to do so (so that, if a person brings a claim at the end of the limitation period, we are still afforded a reasonable amount of time in which to identify any Personal Data that are relevant to that claim),

(O) Your Legal Rights
If your complaint relates to the actions of Husqvarna Australia Pty Ltd  (the Australian operating entity)  then you may raise that complaint directly with the local team contacting them via any of the general contact methods set out at www.husqvarna.com/au/support/contact-us/. You could also contact our international Data Protection Officer via https://privacyportal.husqvarnagroup.com or directly at dpo@husqvarnagroup.com. If you are not satisfied with  the response you may contact the Office of the Australian Information Commissioner  on 1300 363 992 or via their complaint process that can accessed at https://www.oaic.gov.au/privacy/privacy-complaints/lodge-a-privacy-complaint-with-us.