Data Act Notice for Hager connected products and services 

Introduction 

Hager Group (referred below as “We” or “Us”), must be transparent about the types of data collected or generated by the use of their connected products or related services (referred below as “Product and related service data”) as per (Art 3(2)) of the regulation (EU) 2023/2854. In this Data Act Notice (referred below as the " Notice "), objectives are to explain, what type of data is collected, the purpose of the processing, your rights as a user using the connected products or related services (referred as “You”) and how to exercise them. 

In case you have questions not answered in this document or if you wish to contact us, please refer to the contact section below. 

As a concerned user, you should carefully read this Data Act Notice in its entirety to be fully informed.  

  

Definition 

Product data: Means data generated by the use of a connected product that the manufacturer designed to be retrievable, via an electronic communications service, physical connection or on-device access, by a user, data holder or a third party, including, where relevant, the manufacturer. 

Data: Means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audio-visual recording. 

Connected product: Means a product that obtains, generates or collects data concerning its use or environment and that is able to communicate product data via an electronic communications service, physical connection or on-product access, and whose primary function is not the storing, processing or transmission of data on behalf of any party other than the user. 

Related service: Means a digital service, other than an electronic communications service (including software), which is necessary for the function of the connected product in such a way that its absence would prevent the connected product from performing one or more of its functions, or which is subsequently connected to the product by the manufacturer or a third party to add to, update or adapt the functions of the connected product. 

Processing: Means any operation or set of operations which is performed on data or on sets of data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or other means of making them available, alignment or combination, restriction, erasure or destruction. 

Data holder: In accordance with (EU) 2023/2854 regulation, and derived national law or legislation, means a natural or legal person that has the right or obligation to use and make available data, including, where contractually agreed, product data or related service data which it has retrieved or generated during the provision of a related service. 

Trade secret: Means confidential information that has commercial value by virtue of being kept secret, and reasonable steps have been taken to keep it secret. 

 

Product and related service data 

Product data are accessible via our product e-catalog platform. To have an overview of the Data act applicability of your connected product or related service, please refer to the product e-catalog 

Legal basis for data collection  or generation 

Hager Group will process your product and related service data for the following purposes: 

- The performance of your contract (Art4(13)) with the purpose of providing the requested service. Without data processing, contractual service cannot be fulfilled.  
- The provision of optional services based on your consent (Art5(6)). 

Hager Group will not collect or process your product and related service data for other purposes than those defined above. If this were to change, we will inform you as soon as possible and no processing will take place without your consent. 

Data transfer to third party 

Your product and related service data may be transferred to third-party service providers such as cloud providers for data storage purposes or business partners to provide you with specific services. 

Before contracting with any third-party provider, a risk assessment of that provider is carried out to ensure that the security measures in place protect the data, comply with Hager's requirements and applicable laws and regulations in force. 

Data retention 

The product and related service data can be stored on an integrated device and/or on a remote server. 

We will retain your data as long as it is enabled to fulfill contractual obligations with you. Once either the purpose for processing your data no longer exists or, the retention period has expired, or, if you ask us to delete your data or, if you withdraw your consent, please be aware that we may continue to store some of your data for a limited period of time if necessary to comply with applicable legal obligations. 

When we no longer have a purpose to process your data, we will make sure to delete, archive, or anonymize them. 

Data Security 

We are committed to ensuring the protection of your data. We use strong safeguards to ensure the security of your data, employing technological, physical and administrative security measures such as encryption, access control, and secure protocols. We make sure to apply the most appropriate measures for each situation and each stage of processing your data. 

Your rights and how you can exercise them 

As part of the regulation (EU) 2023/2854 requirements, you have the following rights: 

- Right of access: You can request access to your data (Art 3(1), Art4(1)).  
- Right of deletion: You have the right to request deletion of your data (Art11(2a). 
- Right to share your data with third party: You have the right to share your data with a designated third party (Art5(1)). 

Please note that your right to share your data with third party does not imply an obligation for Hager Group to be compatible with the third-party information system. 

For exercising your rights, two scenarios apply: 

Data directly accessible by the user   

You can access, delete or transfer your data to a third party directly through the connected product or related service, or by using the website link or API provided. 

Please refer to the product user documentation to exercise your rights. 

Data not directly by the user  

When data is not directly accessible via the connected product or related service, please use this link to exercise your rights.  

Hager Group will make sure to apply all your rights upon request without undue delay.  

Please note that in some circumstances, when data is classified as a trade secret and there is a possibility that its disclosure could cause serious economic harm despite the technical, organizational and contractual measures implemented, Hager Group may refuse, on a case-by-case basis, the data access requests to these trade secrets. 

In addition, access to trade secrets data may be refused, blocked or suspended in the absence of agreement on the necessary security measures to put in place, or if the agreed measures are not implemented or compromise the confidentiality of the trade secrets data. 

In such cases, Hager Group's decision will be communicated to you in writing with the necessary justifications, and the appropriate competent authority will be notified with the relevant justifications and pieces of evidence. 

Your obligation

The accessible data must not be used to develop a connected product or related service that competes with the connected product or related service from which the data originates, nor must be shared with a third party for this purpose. Furthermore, the data must not be used to obtain information about the economic situation, assets, or production methods of the manufacturer or data holder. 

Raise a complaint 

Any complaints about the Hager Group concerning your data can be filed with the competent authority as per the article Art3(3g). 

Update to this Notice 

This Notice may be updated to reflect legal, technical, or business developments. The update date is listed at the top of this Note. 

Contact us 

Please use this link for any questions or requests relating to this Notice, raise any concerns or exercise your rights.