Privacy Notice

Data controller

Data Protection Officer (DPO)

RAKwireless has appointed an external Data Protection Officer (DPO) to ensure that we comply with the applicable data protection legislation, including the General Data Protection Regulation (GDPR).

Please contact us or our DPO regarding any data protection-related questions. Please note that we may record any oral communication related to data subject rights to preserve the evidence of the existence of your request and our response.

EU representative

RAKwireless has appointed a European Union representative as required by Article 27 of the GDPR. The EU representative acts as our contact point for supervisory authorities and data subjects located in the EU.

We may collect and process your personal information when you:

• a.  make a purchase on the Site (“Purchase Data”);
• b.  contact us via the Site or contact details available on the Site (“Contact Data”);
• c.  agree to receive updates or marketing emails from us (“Marketing Data”);
• d.  access and browse the Website (“Site Data”);
• e.  create an account with the RAKwireless forum (the “Forum”) available on the Site (“Forum Data”); and
• f.  submit a success story (the “Success Story Data”).

The above personal data is collected and processed as follows:

Section 2.1. Purchase Data

While making a purchase on the Site you provide us with the personal information required to purchase and deliver the Products. If you do not provide us with the necessary Purchase Data, we will not be able to process your order and fulfill a contract with you. The Purchase Data includes the following:

Section 2.2. Contact Data

When you contact us via the Site or contact details available on the Site, you may provide us with the following data:

This data is necessary to address your issue, answer your request, contact you back, or address you properly, where and as applicable depending on the type of personal information.

Section 2.3. Marketing Data

On the Site you may subscribe to receive emails from us with news and updates about the Site, our products and services. By providing your email in the respective field of the Site, you provide your consent to receive emails from us and our affiliates (meaning companies that control, are under common control with, or are controlled by us). Your data will be processed as follows:

We use Brevo (a third-party solution) to send marketing emails. Brevo solution is operated by Brevo, with a legal address at 106 boulevard Haussmann, 75008 Paris, France. For more information on how it processes personal data, please check Brevo Privacy Policy.

You may always unsubscribe from receiving marketing emails by (a) contacting us or (b) clicking the unsubscribe button available within each marketing email we send you. When you unsubscribe from receiving marketing emails, your Marketing Data will be erased from the respective database.

Section 2.4. Site Data

When you visit the Site, we automatically collect certain information about your device or your activities on the Site. Personal data may be collected using:

• a.  cookie technology;
• b.  log files;
• c.  web beacons, tags, and pixels.

For a detailed description and information about Site Data please refer to the Cookie Policy.

Section 2.5. Forum Data

We provide you with the Forum, which is a place for discussion of our products and services with other customers. In order to use the Forum functionality, you need to create an account with the Forum. For this purpose we collect certain personal information from you.

This information includes the following personal data:

Please note that without the above information you will not be able to register an account with the Forum and use Forum functionality.

Please do not share your personal data in the text fields of your posts and/or direct messages with other forum members, especially your sensitive data.

Section 2.6. Success Story Data

When you share your success story via the Site, you may share certain personal data with us. This may include your email address and the information about the company you work at. We process such information based on our legitimate interest to share information about the experience your company had in relation to our products and services.

We do not sell or lease your personal data. However, we may share your personal data if it is reasonably necessary for the performance of our undertakings with you (such as to process your order) and/or our legitimate interest to maintain and develop the Site. In particular, your personal information is shared with the following categories of recipients:

• a.  our affiliates;
• b.  our subcontractors and team members, for example, support team, technical team, and other team members.;
• c.  third-party solutions integrated with the Site, e.g., solutions enabling you to make the purchase such as Shopify (Privacy Policy available at https://policies.google.com/privacy?hl=en); bot traffic prevention solutions such as hCaptcha; support solutions such as Zendesk (Privacy Policy available at https://www.zendesk.com/company/agreements-and-terms/privacy-policy); caching and reverse-proxy load balancing services such as Cloudflare (Privacy Policy available at https://www.cloudflare.com/en-gb/privacypolicy);
• d.  third-party solutions that provide us with the data storage facilities that are physically located in Germany such as Amazon Web Services (Privacy Policy available https://aws.amazon.com/privacy/ );
• e.  shipping companies that deliver you the Products ordered on the Site;
• f.  payment institutions that process payments when you make a purchase on the Site;
• g.  marketing email solutions, such as Brevo (Privacy Policy available at https://www.brevo.com/legal/privacypolicy/);
• h.  affiliate marketing solutions such as Kickbooster (Privacy Policy available at https://kickbooster.me/privacy); and
• i.  government institutions that may request access to your personal data.

Please note that we and the aforementioned recipients are located in jurisdictions that may not ensure the same level of data protection as the country of your residence. We will endeavor to protect your personal data while it is processed, stored, or transferred.

• Standard Contractual Clauses. If and to the extent we are subject to the General Data Protection Regulation, when we transfer personal data to a country that does not ensure the same level of data protection as the country of your residence, we will use additional safeguards, namely, Standard Contractual Clauses (the “SCC”) which are deemed to be appropriate data protection safeguards under the GDPR. The SCCs are designed to ensure that substantially the same level of data protection is ensured by the recipients of the personal data. This includes, for example, strong encryption before transmission, requirements for encryption keys, and encryption of data-at-rest.
• Transfer Impact Assessment. In addition to the SCC, we are conducting regular assessments of the laws and practices of the recipient country. This assessment helps us to verify the security measures and safeguards implemented by that country and recipients of the personal data.
• Security measures (technical and organisational measures). Measures we implement may include pseudonymization of data, encryption, anti-virus software, access/transfer control requirements. Please note that this is not an exhaustive list of technical or organizational measures we may use, but a general overview.

According to the applicable data protection legislation, you may have the following data protection rights:

a. right to access:

You are able to request access to your personal data that we store about you. Among others, you may ask us regarding:

• the purposes for collecting personal information about you;
• categories of personal information concerned;
• who receives your personal information or categories of such recipients;
• how long we are going to store the information about you and if not possible criteria to determine the storage period;
• when your personal information was obtained not from you directly, the source where it came from;
• the existence of either profiling activities or automated decision making based on your personal information. Where such activities are performed, we should also inform you about the importance, and expected consequences of them;
• a copy of your personal information processing. For such requests further, we may charge you with a reasonable fee. We generally provide users with an electronic copy of their personal information unless they request otherwise.

b. right to rectification:

You have the right to correct inaccurate (for example, old or incorrect) personal information related to you.

c. right to erasure or the right to be forgotten:

You have, under certain circumstances, the right to request the erasure of your personal information. Please note, that this right only applies to the data available at the time of request and is not applicable to future data.

Request to the erasure of personal information is possible when:

• personal information is no longer needed for the purposes it was primarily collected or processed;
• when you have already withdrawn your consent for processing your personal data, and we do not have other legal ground to process it;
• when your personal data is processed under legitimate interest and you object to such legal ground. Moreover, there is no overriding legitimate interest to proceed with processing of your personal data;
• your personal information was unlawfully processed;
• when your personal data has to be erased due to legal obligation.

d. right to restrict processing:

You may request us to stop processing your personal information when:

• you have reasonable doubts that your information is accurate, and we are verifying the accuracy of such information;
• your personal information was unlawfully processed;
• the purpose of your personal information collection no longer exists, but you wish to store it longer to defend a legal claim.

Moreover, you may request us to stop processing your personal data while we are working on a rectification request or request to object to the processing of your personal information.

e. right to data portability:

You have the right to obtain from us and further reuse your personal data for your own purposes within other services. You will also be able to transfer your personal information from one IT environment to another in a safe and secure way, when certain conditions apply, such as:

• the processing is based on your consent or needed for the performance of a contract with you;
• the processing is made only electronically, without any paper-based files included.

f. right to object:

You have the right to object to the processing of your personal information at any time. This allows you to prevent us from (stop) processing your personal information. This right applies only when one of the following conditions are met:

• your personal information is used for direct marketing purposes;
• the processing is based on our legitimate interest;
• we are performing tasks carried out for the public interest or by governmental authority;
• your personal information was processed for either research or statistical purposes.

g. right not to be subject to automated decision making and profiling:

Currently, neither we nor the Website uses your personal data for profiling or decisions made solely by automated means.

h. right to lodge a complaint with a supervisory authority:

You have a right to lodge a complaint with a data protection authority in a country you either reside, permanently live, work, or in a country where data protection infringement takes place.

Site is not intended for the use of children (under 18 years old or older, if the country of your residence determines a higher age restriction). We do not knowingly market to, or solicit data from children. We do not knowingly process, collect, or use the personal data of children, and in case we receive such data, we will erase it within a reasonable timeframe.

As a general rule, we store your data as long as it is necessary for the purposes it was collected and according to the requirements of the applicable legislation. Following the expiration of the storage period, such data will be either erased or anonymised. In particular, your personal data will be processed as follows:

1.  Purchase Data is processed as long as it is necessary under the requirements of the applicable legislation. Such data is stored for a period of 3 years from the date it was collected.
2.  Contact Data is processed for the period of 1 year following our contact with you.
3.  Marketing Data is stored until you remain subscribed to our newsletter.
4.  Site Data is stored during the applicable cookie storage period as described in the Cookie Policy. You may also learn more about such data in the Cookie Policy and on the websites of the applicable third parties.
5.  Forum Data is stored as long as you have an account with the Forum.
6.  Success Story Data is stored as long as the story is published.

Personal data is either deleted or anonymized upon the expiry date. After this date, if the data is deleted, your personal data will be made inaccessible and irretrievable for anyone and by no reasonable means. If the data is anonymised, the data will be made impossible to link with you as a natural person.

We keep this Notice under regular review and may update it at any time. If we make any changes to this document, we will change the “Last Updated” date above. Please, review this Notice regularly, or follow the updates on the Site.