Privacy Policy BERNINA Embroidery Software 8

Privacy Policy BERNINA Embroidery Software 8

We take the protection of your data seriously

This Privacy Policy applies to your use of the BERNINA Embroidery Software 8, regardless of your chosen model. You can find our general data protection declaration regarding visits to our website at www.bernina.com/privacy.

In the following, we explain how we collect your personal data, what we do with it, the purposes for which it was collected and on what legal basis this is done, and what rights and claims arise for you as a result. "Personal data" means any information relating to an identified or identifiable natural person, for example, name, address, email address, user behavior.

1. Name and contact details for the person responsible for processing, the data protection officer

The person responsible in accordance with Art. 4 para. 7 of the EU General Data Protection Regulation (GDPR) is

BERNINA International AG
Seestraße 161
8266 Steckborn
Switzerland

Email:
info@bernina.com
Tel.: +41 (0)52 762 11 11
 
Our data protection officer can be contacted via email at datenschutzbeauftragter@bernina.com or at the aforementioned postal address, addressed to "the Data Protection Officer".

2. Collection and storage of personal data; type and purpose of its use

a) Log data when using the BERNINA Embroidery Software 8
 
When you use the BERNINA Embroidery Software 8, information is automatically transmitted to us. When you use our software, the following data is collected without your intervention:

  • IP address
  • Date and time of the request
  • Operating system and its interface
  • Products that are installed
  • Number of logins and user activities
  • Software version
The specified data will be processed by us for the following purposes:
 
  • To ensure convenient operation of your software
  • To evaluate the system security and stability
  • Other administrative purposes 
The legal basis for data processing is Art. 6 para. 1 clause 1 lit. b and/or lit. f of the EU General Data Protection Regulation (GDPR). Our vested interest arises from the above-mentioned purposes for data collection.
 
In addition, our general data protection declaration, which can be found at https://www.bernina.com/privacy applies to visits to our website.
 
b) when registering and using the BERNINA Embroidery Software 8
 
If you want to use the BERNINA Embroidery Software 8, you must first download the BERNINA Embroidery Software 8 and create an user account. To create a user account, you need to enter your name, address and email address.
 
After completing the registration process, you can either use the BERNINA Embroidery software 8 for the trial period (use during the trial period is limited in time and limited in functionality), or as long as your software is running on a supported operating system. If you use the free trial period as limited by time, we will save the details of the time at which you activate it in order to determine the expiration date of the trial period. In addition, we store your IP address in order to be able to prevent misuse of the offer. If you enter a valid license key, we will permanently save it in order to guarantee the use of the BERNINA Embroidery Software 8.
 
When you use the BERNINA Embroidery Software 8, we store specific data regarding your user account (log files, most recent login, number of logins, used features, version used, operating system, computer/device name, activated product license key). This is necessary in order to determine the usage rights and to ensure the security and stability of the system, as well as for other administrative purposes. If you have consented to the use of your data for advertising purposes, the aforementioned information will also be stored for the purpose of direct advertising (including the provision of personalized content by various means of transmission) and will be linked to other data related to you that BERNINA has stored.
 
The data is partially stored in the Cloud on a server operated by Revulytics, Inc., 130 Turner Street, Building 2, Waltham, MA 02453, USA. This may result in Revulytics, Inc. having access to your usage data.
 
In individual cases, information for support purposes can be sent to your respective market organization or specialist dealer.
 
We store the data collected in connection with the use of the BERNINA Embroidery Software 8 for an unlimited period of time, since the use of the BERNINA Embroidery Software 8 requires an existing user account. We will delete your data at any time upon your request, but please note that further use of the BERNINA Embroidery Software 8 would then no longer be possible.
 
The legal basis for the above-mentioned data processing is Art. 6 para. 1 clause 1 lit. b of the EU General Data Protection Regulation (GDPR), insofar as the processing is necessary for the fulfillment of a contract, and/or Art. 6 para. 1 clause 1 lit. f of the GDPR. If you have given your consent in individual cases, for example for the purpose of receiving newsletters, the legal basis for these cases is Art. 6 para. 1 clause 1 lit. a of the GDPR.
 
c) when using a contact form or contacting us via email
 
By making contact with us through a contact form or email, the data communicated by you (your email address, name, phone number, address, and any other information you provide on the contact form) are stored by us in order to answer your questions. Insofar as is necessary based on your request, the data can also be transferred to companies affiliated with BERNINA or to independent market organizations and processed by them. We will delete the data that arises in connection with this should storage thereof become no longer necessary in order to answer your enquiry.

The processing of data for the purpose of contacting us is in accordance with Article 6 para. 1 clause 1 lit. a of the GDPR on the basis of your voluntarily provided consent.
 
d) when signing up for our newsletter
 
You can subscribe to our newsletter to receive information about features and updates relating to the BERNINA Embroidery Software 8. In addition, we will keep you informed about the latest trends in sewing, quilting and embroidery as well as about attractive offers from BERNINA.

When registering for our newsletter, we use the double opt-in procedure. This means that we send an email to the specified email address in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration, your information will be automatically deleted. In addition, we will save your IP addresses as well as the dates of registration and confirmation. The purpose of the procedure is to prove your registration and, if necessary, to clarify whether any possible misuse of your personal data has taken place.

In addition to your email address, on some forms, your name and/or your zip code are mandatory information for sending the newsletter. We want to send our users high-quality newsletters that are customized to their needs. In order to address you personally in the newsletter, and to tailor the newsletter to your needs, we also require your name, and in some cases your zip code, when you subscribe to the newsletter. You are neither legally nor contractually obligated to provide information. However, the use of our newsletter service is only possible if the aforementioned mandatory information is provided.
 
If you subscribe to the BERNINA Newsletter, the data you enter during registration (name, address, email address, interests, postal code and other information, if applicable) and your behavior when using the BERNINA Embroidery Software 8 will be stored for direct marketing purposes (including the provision of personalized content within newsletters) and, if applicable, will be linked to other data that BERNINA has stored about you.

Please note that we use our newsletter to evaluate your user behavior. This may be done using an algorithm or manually. If you click on a link in a newsletter, you will be directed to one of our websites via a Salesforce Marketing Cloud server. Salesforce Marketing Cloud evaluates various parameters, e.g. when you click which links in the newsletter and which of our pages you visit. To evaluate user behavior, we link the data generated in this way with other user data, in particular data collected via a Salesforce Marketing Cloud cookie (for more information, see Section 5 i) of this privacy policy below). We use the aforementioned data to create a user profile in order to tailor our digital offers such as the newsletter or websites to your individual interests.

For sending newsletters and the subsequent evaluation of your user behavior, we use solutions from the external service provider Salesforce.com, Inc., Salesforce Tower, 415 Mission Street, 3rd Floor, San Francisco, CA 94105, USA. This may result in Salesforce.com, Inc. having access to your personal data. The collected data is stored on Salesforce.com, Inc. servers. In cases where personal data is transferred to servers in the USA, Salesforce.com, Inc. is subject to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
 
In addition to the aforementioned user analysis by Salesforce Marketing Cloud services, some of the services offered by Email on Acid, 5500 Greenwood Plaza Blvd, Suite 220, Greenwood Village, CO 80111, USA are also used, whereby the above statements on data collection/processing and user analysis by Salesforce Marketing Cloud apply accordingly to Email on Acid's analysis and tracking services. This may result in the transmission of your personal data to Emails on Acid in the USA.
 
In addition, we use the services of Email on Acid to test the presentation of newsletters on different email platforms and on different mobile devices. In isolated cases, this can result in the transmission of personal data to Email on Acid.
 
Email on Acid processes this data exclusively on behalf of and in accordance with the instructions of BERNINA. In order to ensure the protection of personal data, we have concluded a data protection contract with Email on Acid based on the standard contractual clauses of the European Commission.
 
The legal basis for the aforementioned data processing is Art. 6 para. 1 clause 1 a) of the GDPR or, insofar as consent has not been granted in individual cases, Art. 6 para. 1 clause 1 f) of the GDPR.
 
You can revoke your consent to receiving the newsletter and unsubscribe from the newsletter at any time. You can declare that you revoke your consent by clicking on the link provided in each newsletter email, by sending an email to info@bernina.com or by sending a message to the contact details given in the imprint. This applies equally to an objection against commercial use in the event that you have not given consent to the sending of newsletters.

The data collected in relation to this will be stored until the consent is revoked.
 
e) General information on the obligation to provide data
 
You are neither legally nor contractually obliged to provide us with your personal data. However, the BERNINA Embroidery Software 8 cannot be used without the provision of personal data, since usage of the BERNINA Embroidery Software 8 requires a customer profile.

3. Use of service providers, communication of data

We use selected external service providers to provide you with reliable and user-friendly services that are related to the BERNINA Embroidery Software 8. These service providers may occasionally have access to your personal information. The service provider processes your data solely on behalf of and in accordance with the instructions of BERNINA and in compliance with this privacy policy and the applicable laws.

We currently use the following service providers:

Partner Address Services
Revulytics, Inc. 130 Turner Street, Building 2,
Waltham, MA 02453, USA
Hosting provider
ID-Management-System
Wilcom Europe Tapton Park Innovation Centre,
Brimington Road Tapton,
Ghesterfield, S41 0TZ England
Embroidery software, Licenser,
Product Key administration
internex GmbH Lagerstrasse 15,
3950 Gmünd, AT
Hosting provider bernina.com
Microsoft Corporation One, Microsoft Way,
Redmond, WA 98052, USA
System provider
CRM + Cloud Services (Azure)
CSS Computer-Systems-Support GmbH Landstrasser Hauptstrasse 167,
1030 Wien, AT
bernina.com and CRM Implementation partner
Online Consulting AG Weststrasse 38,
9500 Wil, CH
CRM Implementation partner
Salesforce.com, Inc. Salesforce Tower, 415 Mission Street, 3rd Floor,
San Francisco, CA 94105, USA
System provider
Marketing solutions
nexum ag Vogelsanger Strasse 321a,
50827 Köln, DE
Implementation partner
SalesForce Marketing Cloud
SECONDRED Newmedia GmbH Peterstrasse 5,
99084 Erfurt, DE
Marketing services
Google LLC 1600 Amphitheatre Parkway,
Mountain View, CA 94043, USA
Marketing services

In individual cases, information can also be sent to the respective market organization or specialist dealer.
 
A transfer of your personal data to other third parties takes place only insofar as the transmission is explicitly stated in this privacy policy or that it happens for one of the following reasons:
 
  • You have given your explicit consent in accordance with Art. 6 para. 1 clause 1 lit. a of the GDPR.
  • In accordance with Art. 6 para. 1 clause 1 lit. f of the GDPR, the disclosure is required in relation to the assertion, exercise or defense of legal claims, or for the delivery of our website and there is no reason to believe that you have an overriding legitimate interest in the non-disclosure of your information. The legal basis for the processing in these cases is Art. 6 para. 1 lit. f of the GDPR.
  • In the event that the disclosure is a legal obligation in accordance with Art. 6 para. 1 clause 1 lit. c of the GDPR.
  • The disclosure is permitted by law and is required to conclude a contractual relationship with you in accordance with article 6 para. 1 clause 1 lit. b of the GDPR.

4. Cookies

When using the BERNINA Embroidery Software 8, cookies are stored on your terminal device. Cookies are small text files that are stored on the hard disk of your desktop PC, which are used to enable the flow of certain information to us.

 For one thing, the use of cookies ensures that the BERNINA Embroidery Software 8 experience is more pleasant for you. This is why we use so-called session cookies, to recognize that you have already visited individual pages of our website or the app. The session cookies are deleted when you log out or close the app.

In addition, we also use temporary cookies to enhance the user experience; these are stored for a specific length of time on your terminal device. If you visit our website or the software again to use the BERNINA Embroidery Software 8, it will automatically recognize any entries and settings that you have made in the past, which means that you do not have to enter them again.


The data processed through the cookies is necessary to protect our legitimate interests for the aforementioned purposes as well as those of third parties in accordance with Art. 6 para. 1, clause 1 lit. f of the GDPR.
 
The legal basis for the use of cookies is Art. 6 para. 1 clause 1 lit. f of the GDPR.

5. Data security

In order to protect the security of your data during transmission, we use state-of-the-art encryption procedures. We also take appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments. However, we cannot guarantee the security of the data you transmit as a user. Any data transmission originating from the user is therefore at the user's own risk.

6. Your Rights

You have the right:

  • in accordance with Art. 15 of the GDPR, to request information about your personal data processed by us. In particular, you can request information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned storage period, the right to modifications, deletion, limitation of processing or contradiction, the existence of the right to appeal, the origin of the data insofar as it was not collected from us, and the existence of automated decision-making, including profiling and, where appropriate, descriptive information about the details thereof:
  • in accordance with Art. 16 of the GDPR to immediately request the correction of inaccurate or incomplete personal data stored by us;
  • in accordance with Art. 17 of the GDPR to request the deletion of your personal data stored by us, insofar as the processing is not required for the exercise of the right to freedom of expression and information, to comply with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal rights;
  • in accordance with Art. 18 of the GDPR to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you reject its deletion and we no longer need the data, yet you need this to assert, exercise or defend legal claims or you have lodged an objection to the processing in accordance with Art. 21 of the GDPR;
  • in accordance with Art. 20 of the GDPR, to receive your personal data, which you have provided to us, in a structured, common and machine-readable format or to request its transmission to another responsible person;
  • in accordance with Art. 7 para. 3 of the GDPR, to revoke the consent granted to us at any time. The consequence is that we are no longer allowed to continue data processing, based on this consent, in the future.
To exercise the above rights, please send an email to info@bernina.com or send us a message to the contact details given in the imprint.

Right of objection:

If we process your personal data to protect legitimate interests within the meaning of Art. 6, para 1, clause 1 lit. f GDPR, then in accordance with Art. 21 para. 1 GDPR, you have the right to object to this processing for reasons that arise from your particular situation. You can object to the processing of your data for direct marketing purposes at any time and without reason, in accordance with Art. 21, para. 2 of the GDPR. To exercise your right of objection, it is sufficient to send an informal notification to us, for example by email, to info@bernina.com.
 
Right to appeal:
 
If you believe that the processing of personal data concerning you violates the General Data Protection Regulation, then in accordance with Art. 77 of the GDPR you have the right to complain to a supervisory authority for data protection.

Currency of and amendments to this privacy policy

This privacy policy is currently valid and was last updated on October 21, 2019. 

As a result of the further development of our offers, or due to amended statutory or regulatory requirements, it may become necessary to change this privacy policy. You can view and print out the current privacy policy statement at https://www.bernina.com/privacy/v8. We will gladly send you the current version of the data protection declaration upon request; just send us an email, for example, to info@bernina.com.