Privacy Notice
1. Introduction
1.1. What is the purpose of this document?
Positec, the company behind the WORX® Landroid® line of automated mowers, are committed to protecting your personal data and your privacy. We endeavor to ensure that any personal data we collect about you will be held and processed strictly in accordance with applicable data protection legislation.
This Landroid Privacy Notice supplements Positec's general privacy policy which can be found at Privacy Policy. It does not replace the information provided in Positec's general privacy policy but is to be read in conjunction with the general privacy policy. This Landroid Privacy Notice Supplement applies specifically to the information gathered by the Landroid mower, including visual images when the mower is equipped to collect such images, e.g., the Landroid Vision line of mowers. In the event of a conflict between this Landroid Privacy Notice Supplement and Positec's general privacy policy, the terms of this Landroid Privacy Notice Supplement will govern. It applies if you are resident in the European Union or, if you are resident in a country that has adopted a local law to implement or adopt the European General Data Protection Regulation (“GDPR”) or an equivalent law, such as the United Kingdom (together “GDPR Subjects”). Please see the section “Additional Information for GDPR Subjects” below, for further information.
The terms Personal Data, Data Controller and Processing have the meanings given to them in the GDPR (the full text of which can be accessed at https://gdpr-info.eu), unless otherwise indicated. “Personal Data” means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
Positec has created this Landroid Privacy Notice Supplement to explain how and why we collect Personal Data about you (“Your Data”), what that data is, under what circumstances we may disclose or transfer it, and how long we store it for. It provides you with certain information that must be provided to you under the GDPR and other applicable data protection legislation.
1.2. What does this Notice cover?
This Privacy Notice sets out information relating to the Personal Data we collect from or about you when you purchase, operate and interact with Positec's Landroid robotic mower and its associated website and mobile application (collectively referred to as the “Landroid”).
1.3. How do I contact Positec?
For the purposes of the GDPR and Applicable Local Laws, Positec is the “data controller” of Your Data. This means that we are responsible for deciding how we hold and use Your Data.
If you have any queries regarding this notice or complaints about our use of Your Data, please contact us at [email protected] or by post to Positec Germany GmbH, Schanzenstrasse 22, 51063 Köln, Deutschland and we will do our best to deal with your complaint or query as soon as possible.
2. Information about our use of your data
2.1. The kind of information we hold about you
In connection with your purchase, operation and interaction with the Landroid Vision, we will collect, store, and use the following categories of Personal Data about you:
- Identity data
- Contact data
- Technical data
- Product data
This information is likely to include the following types of Personal Data:
- Name
- Physical address
- Email address
- IP address
- MAC address
- Visual images of your garden and surrounding areas, if your Landroid is equipped to collect visual images
- GPS data
2.2. How is your personal information collected?
We collect personal information about you in a variety of ways. Most of the information we collect will come directly from you in the following ways:
- Information you provide to us when you interact with our website or mobile application;
- Responses you provide to our team service calls or troubleshooting sessions;
- Photos you provide to us or taken by the Landroid Vision product of your garden and surrounding area.
2.3. How will we use information about you?
We will use the personal information we collect about you to:
- Assess and improve the operation of the Landroid Vision product
- Communicate with you to provide requested service or troubleshooting
- Keep records related to the Landroid Vision
- Comply with applicable laws or regulatory requirements
Our legal bases for processing Your Data with respect to the beta test evaluation process are Consent, Contractual Necessity and Legitimate Interest. Specific to the photographs taken by the Landroid mower equipped with vision capabilities, we use the MAC address from the mower, combined with a data and time stamp to establish a unique file name for each photograph. This allows for each photograph to have a unique file name, which is in Positec's Legitimate Interest. Once you submit your information to us, we will process that information to assess and improve the operation of the Landroid mower.
2.4. How do we process visual images (Landroid Vision mowers)?
The Landroid Vision mower is equipped with a camera suite to recognize objects in the mowing area, such as grass, pavement, other garden surfaces, and obstacles. Visual images from the camera are processed directly on the Landroid Vision mower while it is operating to navigate itself within the mowing area and avoid obstacles.
When the Landroid Vision mower returns to its charging station, it will automatically connect to the Internet and transmit the collected photographs to Positec's servers in Europe (using AWS cloud-based servers), after which Positec will upload the photographs via secured transfer to its own servers located in China.
In the course of the mower's taking photographs of the mowing area, it is possible, although unlikely, that photographs may contain personal information, such as faces of passersby, vehicle license plates, and house street numbers. Positec will not retain this personal information found within the images; all personal information found within the photo images will be blurred in local servers before they are transmitted abroad for AI learning.
You have the ability to opt out of the sharing of visual images with Positec for AI learning through the Landroid mobile application. Even if you choose to allow the images to be shared with Positec for AI learning, unless we need to view the images to respond to a service call or problem diagnosis request, the visual images used for AI learning will be anonymized and will not be linked to you or your mower.
If we need to link the images to you in order to respond to your service or problem diagnosis request, the file names for visual images we need to review related to the service call will include a universal unique identifier for your Landroid Vision, so that the photos can be associated with your specific issue.
Positec will store the photographs on its servers located in China with appropriate technical and organizational safeguards in place. Positec may provide the photographs to third parties who are assisting Positec with this project only with appropriate protections for confidentiality and privacy.
Positec will use the anonymized photographs for the development and improvement of the mower's vision technology. Positec intends to keep the photographs for 2 to 3 years but may keep them longer if they continue to be useful for this or similar projects.
If Customer returns the Product to Positec, Customer may request not to upload any photographs remaining on the mower to Positec's servers. If Customer does not request that Positec not upload the photographs, any photographs remaining on the mower will be uploaded and anonymized, and will continue to be used in the project. Any photographs uploaded to the server prior to Customer's return of the Product will continue to be used in this project.
2.5. What happens if you fail to provide personal data?
You are not obliged to provide us with Personal Data. However, the information requested is necessary for the Landroid mower to operate properly or to operate all of the available features. If you decline to provide the information requested, your Landroid mower may not operate optimally and some features will be unavailable.
2.6. Will you be subject to automated decision-making?
You will not be subject to automated decision-making.
2.7. Will we share your data with third parties?
We will only share Your Data with the following third parties for the purposes of providing you with products and services related to the Landroid mower, such as:
- Customer and after-sales service companies we have engaged to assist you in diagnosing and correcting any issues you may have with the Landroid mower;
- Third-party software and product development personnel working to improve the operation of the Landroid robotic mower;
- Companies operating websites, mobile applications, servers and internet transmission equipment on behalf of Positec;
- Carriers for delivery and pick up of your Landroid mower or service parts.
We do not allow our third-party service providers to use Your Data for their own purposes. We only permit them to process Your Data for specified purposes and in accordance with our instructions described in a Data Processing Agreement.
2.8. What data security do we have in place?
We have put in place appropriate security measures to prevent Your Data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to Your Data to those employees, agents, contractors and other third parties who have a business need-to-know. They will only process Your Data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
2.9. How long will we use your data?
All information will be retained until it is no longer useful for assessment and improvement of the Landroid robotic mower. At that point, the information will be deleted.
Photographs and filenames may be retained by Positec for use in providing you with requested after-sales service and for improvement of the vision-based navigation systems for Positec's robotic products. After it is no longer necessary to determine the specific source of the photograph, Positec will anonymize the photograph file name so that it no longer constitutes Personal Information.
3. Additional information for gdpr subjects
3.1. Your privacy rights
Under the GDPR or Applicable Local Laws, you have certain rights with respect to your Personal Data, including those set forth below.
- Right to request access — you may obtain confirmation from us as to whether or not Your Data is being processed and, where that is the case, access to Your Data;
- Right to rectification — you have the right to obtain rectification of inaccurate personal data we hold concerning you;
- Right to erasure — you have the right to obtain the erasure of Your Data without undue delay in certain circumstances;
- Right to restriction of processing or to object to processing — you may require us to restrict the processing we carry out on Your Data in certain circumstances or to object to us processing Your Data;
- Right to data portability — you have the right to receive Your Data in a structured, commonly used and machine-readable format;
- Right to withdraw consent — where you have provided your consent to us processing Your Data, you have the right to withdraw your consent at any time. by emailing us at [email protected];
- Right to lodge a complaint — you may lodge a complaint with the supervisory authority in the EU Member State where you are resident or where you work. For further information on your rights, please see the supervisory authority of your country or EU Member State.
You can contact Positec at [email protected] to edit the personal data you have submitted or to withdraw your application at any time.
3.1.1. No fee usually required
You will not have to pay a fee to access Your Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
3.1.2. What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
3.1.3. Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally, it could take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.
3.2. International transfers of personal data
The information we collect from you may be transferred to and processed and/or stored at a destination outside the European Economic Area (“EEA”), including to our Positec affiliates based in China or the US. If we send your personal data outside the EEA, we will ensure that there are adequate and appropriate measures in place to protect your information including standard contractual clauses with our Chinese and US affiliates. Details of the appropriate measures used and copies of them are available upon request by contacting [email protected].