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.
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 email@example.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.