ONE-KEY™ App and Inventory Management Platform Website
Milwaukee Electric Tool Corporation ("we" or "us" or "our") is committed to protecting and respecting your privacy.
For the purpose of applicable data protection laws (including the General Data Protection Regulation), the Data Controller of any personal data that we may collect, process and hold about you is Milwaukee Electric Tool Corporation, whose registered address is 13135 West Lisbon Road, Brookfield, Wisconsin 53005, United States.
Techtronic Industries UK Ltd
Unit 3 Globeside Business Park
Fieldhouse Lane, Marlow SL7 1HZ
As we are based outside of Europe, we are required to appoint a representative within Europe who you can also contact in addition to us about your personal data. Our European representative is Techtronic Industries UK Ltd who can be contacted in the following ways:
Techtronic Industries UK Ltd
Unit 3 Globeside Business Park
Fieldhouse Lane, Marlow SL7 1HZ
2 INFORMATION WE COLLECT ABOUT YOU
The personal data that we collect from or about you includes the following:
3 HOW WE COLLECT INFORMATION ABOUT YOU
We may collect information about you in a variety of ways including when you:
· register your ONE-KEY™ Tool with us or register your tools for extended warranty
· enter one of our competitions or promotions or fill in a survey
· engage with us on social media (for example by mentioning/tagging us or by contacting us directly)
In addition, if you use the inventory management functions of the ONE-KEY™ App, the ONE-KEY™ App will automatically collect data from your ONE-KEY™ Tools that are registered to your account which will include:
· tool identification data (e.g. serial ID)
· tool usage data (e.g. date/time of use begin and end)
· tool location data (if you (or anyone else that uses the ONE-KEY™ App) has Bluetooth enabled, if your ONE-KEY™ Tool is in Bluetooth reach of their device, we use this information to help identify the location of your ONE-KEY™ Tool. Please note, any personal data that we collect about you (or any third party) with regards to your location (e.g. if you or an employee is with your ONE-KEY™ Tool) is ancillary to our purpose for collecting this location data to help you identify the location of your ONE-KEY™ Tool. We track your ONE-KEY™ Tools, not you!
4 HOW DO WE USE YOUR PERSONAL DATA AND WHAT ARE OUR JUSTIFICATIONS FOR DOING SO?
How and why we use your personal data
What is our legal justification for processing your personal data
To provide you with the information, products and services that you request or purchase from us (i.e. to complete certain tasks, processes, and to communicate with you regarding those products and services that you purchase or request from us and respond to your questions and comments
We rely on our contractual arrangements with you as the lawful basis on which we collect and process your personal data in relation to an order for products and services or your use of the ONE-KEY™ App.
Alternatively, in some scenarios, we rely on our legitimate interests as a business (for example, it is in our interests to measure customer satisfaction and troubleshoot customer issues). Where we rely on our legitimate interests, we will always make sure that we balance these interests against your rights.
When you use our ONE-KEY™ App, to help provide you with the services that you have requested from us via the ONE-KEY™ App. This may include location data collected via our ONE-KEY™ Tool inventory management system when you choose to enable Bluetooth and utilize that function.
To measure how satisfied our customers are and provide customer service (including troubleshooting in connection with purchases or your requests for services or when you ask us questions on social media);
We may use your personal data to tell you about relevant products and offers ("marketing").
We can usually only use your personal data to send you marketing messages if we have consent from you to do so or, in some cases, we can rely on a legitimate interest.
To monitor the use of our ONE-KEY™ App and website and ensure that they are presented in the most effective and relevant manner for you and your device.
We have a legitimate interest to ensure that our website and our ONE-KEY™ App work properly and that our products and services are high quality and efficient.
We may record calls you make to us and will use this data for training and quality assurance purposes (where your call is recorded we will tell you in advance).
We use data in this way for a variety of reasons. It may be pursuant to a legal obligation and it is also in our legitimate interests to review call recordings for quality control purposes.
To ensure that the personal and financial information that you provide to us is accurate
In some cases we will use your personal data because it's necessary for us to comply with a legal obligation (such as if we receive a legitimate request from a law enforcement agency). In other cases (such as the detection of fraud or ensuring security of the site) we will rely on our legitimate interests as a business to use your personal data in this way. Where we rely on our legitimate interests, we will always make sure that we balance these interests against your rights.
To detect, investigate, report, and seek to prevent financial crime or other illegal activity
To manage risk for us and our customers.
To fulfil our legal and compliance-related obligations
5 HOW DO WE SHARE YOUR PERSONAL DATA?
In order for us to provide our products and services to you, we share your personal data with our trusted third party service providers or our group companies, as detailed below. Whenever we share your personal data, we put safeguards in place which require these other organisations to keep your data safe and to ensure that they do not use your personal data for their own marketing purposes unless you have given us your consent to do so. We will never sell your personal data to a third party.
To fulfil orders for products and services:
We work with a number of trusted service providers who carry out services on our behalf. When you purchase products and services from us, the services provided by these service providers includes website and database hosting and delivery. It is in our legitimate interests as a business to work with these service providers since we may not have the capabilities to provide these services ourselves. In each case, we will ensure that the service provider is only allowed to use your personal data in order to provide the services to us and for no other purpose.
Other professional services:
We may need to disclose your personal data to our insurers where we believe that it is required under our contractual relationship with our insurance provider to do so.
We work with carefully selected third parties, such as our customer database hosting provider, marketing agencies and advertising partners who assist us in providing you with a positive customer experience.
To prevent and detect crime or otherwise comply with laws:
There may be scenarios where we are subject to a legal obligation to share or disclose your personal data, such as with law enforcement agencies or public authorities in order to prevent or detect crime or fulfil a legal requirement.
International group data processing and group structure:
Our group shares various operations and business processes. We may share your personal data with any member of our group to fulfil our contracted obligations to you, or because it is in our legitimate interests to do so. For example, if you use our services in Europe, your data will be processed by Techtronic Industries ELC GmbH, our group company who host our services in Europe on our behalf.
Similarly, whilst we are based in the USA, we may share your data with a group company of ours local to you in your territory in order to make sure that we only send you marketing about our products and services that are available in your local territory.
We may also share your personal data if the make-up of our group changes in the future, for example:
· We may choose to sell, transfer, or merge parts of our business, or our assets. Or we may seek to acquire other businesses or merge with them.
· During any such process, we may share your data with other parties. We will only do this if they agree to keep your data safe and private.
· If a change to our group happens, then other parties may use your data in the same way as set out in this notice.
For detailed information on the cookies we use (including Google Analytics) and the purposes for which we use them please see our cookie statement https://www.milwaukeetool.eu/cookies /.
We take the security of your personal data very seriously. We have implemented various strategies, controls, policies and measures to keep your data secure and keep these measures under close review. We use a series of administrative, logical, physical and managerial measures to safeguard your personal information against loss, theft, and unauthorized access, use, and modification.
8 TRANSFER OF YOUR DATA OUTSIDE OF EUROPE
We will transfer your personal data outside of the European Economic Area (EEA) in order to process your personal data. We are based in the USA and, although we have European data centres, all of your data may be processed by us in the USA.
We may also need to transfer your personal data outside the EEA where we work with a supplier or third party who processes some of its personal data outside of the EEA.
These countries (including the USA) may not have the same data protection laws as the UK and the EEA and so your personal data may not be subject to the same protections. However, in such cases, we will make sure that any transfer of your personal data to countries outside of the EEA is subject to appropriate safeguards as if it were being processed inside of the EEA and under the guiding principles set out in this privacy notice.
9 HOW LONG WILL WE KEEP YOUR PERSONAL DATA
In broad terms, we will only retain your personal data for as long as is necessary for the purposes described in this privacy notice. This means that the retention periods will vary according to the type of the data and the reason that we have the data in the first place.
We have a retention policy in place which we keep under review taking into account our reasons for processing your personal data and the legal basis for doing so.
You can deleted your account at any time by contacting our Data Information Manager at either address listed in Section 1 above.
10 YOUR RIGHTS
Applicable data protection laws grant you a number of rights in relation to your personal data. You have the right:
You also have the right to complain about our use of your personal data. You can contact your local Data Protection Supervisory Authority (a list of local Supervisory Authorities can be accessed here: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080).
ONE-KEY™ App and Inventory Management Platform Website
Terms and Conditions
Table of Content
1. Subject Matter
1.1 Subject Matter of this Agreement.
These "ONE-KEY™ App Terms and Conditions" ("Agreement") govern the legal relationship between Milwaukee Electric Tool Corporation ("We" "Us" "Our") and users of the "ONE-KEY™" mobile app ("You" / "Your") in relation to the provision and use of the "ONE-KEY™" mobile Application ("ONE-KEY™ App") and/or the Inventory Management Platform website ("Inventory Management Platform") including any future updates of the ONE-KEY™ App and Inventory Management Platform.
1.2 Conclusion of this Agreement.
You enter into this Agreement with Us by accepting this Agreement upon registration for a ONE-KEY™ Account.
1.3 Accessibility of Agreement.
You can access and download the text of this Agreement online at http://uk.milwaukeetool.eu/one-key/terms-and-conditions/ .
2. No Remuneration
2.1 No Charges.
We provide the ONE-KEY™ App and the Inventory Management Platform both in the current versions to You free of charge.
2.2 Telecommunication Costs.
The use of certain functions of the ONE-KEY™ App requires an internet connection of the device (e.g. smartphone) on which the ONE-KEY™ App is installed ("Device"). This may cause costs for data traffic according to Your agreement with Your network operator. Such costs are to be borne by You.
3. ONE-KEY™ App Functionality
The ONE-KEY™ App provides functions for tool control (see clause 3.2), inventory management (see clause 3.3) and tool reporting (see clause 3.4) in connection with certain MILWAUKEE™ tools and equipment that is ONE-KEY™ ready ("ONE-KEY™ Tool") .
3.2 Tool Control.
The ONE-KEY™ App allows to set certain parameters in ONE-KEY™ Tools, e.g. the speed or torque of a drill. Commands are sent by the Device to the ONE-KEY™ Tool via a wireless Bluetooth connection. Please refer to the manual of Your tool to find out if and to what extent it can be used in connection with the ONE-KEY™ App. The tool control functionality of the ONE-KEY™ App can be used as a stand-alone function, i.e. without using the inventory management function or tool reporting.
3.3 Inventory Management System:
The ONE-KEY™ App and Inventory Management Platform contain inventory management functions (i) to create an inventory of ONE-KEY™ Tools and third party tools, and (ii) to gather and manage information about the usage of such tools and to create respective reports. These functions are provided by the ONE-KEY™ App, however certain functions may only be available in connection with the Inventory Management Platform. If You use the inventory management functions, the ONE-KEY™ App will automatically collect from registered ONE-KEY™ Tools certain data (e.g. serial number, use history) via Bluetooth, store such data and send it via an internet connection of the Device (if available) to the server of the Inventory Management Platform ("ONE-KEY™ Server").
We reserve the right to cancel the connectivity of the ONE-KEY™ App to the ONE-KEY™ Server at any time and do not owe a specific availability of the ONE-KEY™ Server.
3.4 Tool Reporting.
The ONE-KEY™ App can gather information about the ONE-KEY™ Tool and its usage ("Tool Data"), provide respective reports (as the case may be in connection with the Inventory Management Platform) and notification about recommended maintenance.
3.5 Online Registration.
3.6 System Requirements.
In order to use the ONE-KEY™ App Your Device must fulfill certain hard and software requirements (e.g. version of operating system, etc.).
We may provide from time to time updates of the ONE-KEY™ App which may also include bug-fixes. It may also be necessary to install an update in order to ensure interoperability of the ONE-KEY™ App with future versions of the Inventory Management Platform or future ONE-KEY™ Tools. We therefore strongly recommend installing updates. This Agreement does not create an obligation of Us to provide any updates or updates with a specific functionality. Your statutory rights remain unaffected.
3.8 Access to Third Party Websites, Content and Services.
To the extent the ONE-KEY™ App gives You access to third party websites, content and services ("Third Party Services") such Third Party Services are subject to the respective privacy policies and terms of conditions of the third parties.
4. Usage Rights
4.1 Right to Use.
We grant You free of charge the non-exclusive (simple), non-transferable and non-sublicenseable, worldwide and perpetual right to operate the ONE-KEY™ App on Your Device and use it for Your own business purposes.
4.2 Modification and Decompilation.
You will not translate, adapt, rearrange or otherwise modify the ONE-KEY™ App. You are, however, entitled to decompile or otherwise reverse engineer the ONE-KEY™ App, but only to the extent permitted under Section 69e German Copyright Act [Urhebergesetz] and only if We have not provided You within reasonable time upon Your written request with data and/or information required to ensure the interoperability of the ONE-KEY™ App with other software.
4.3 No Provision to Third Parties.
You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the ONE-KEY™ App or parts of it, to any third party, including by making the ONE-KEY™ App available on a network where it is capable of being accessed by more than one device at any time.
4.4 No Rights in Source Code.
You are not granted any rights in the source code of the ONE-KEY™ App.
4.5 Reservation of Rights.
Unless explicitly set forth otherwise in this Agreement, all rights in the ONE-KEY™ App, in particular the copyright and the right to and on inventions and other intellectual property rights, remain as between You and Us exclusively with Us.
To the extent that You make ideas and suggestions on the ONE-KEY™ App, We are entitled to use them free of charge for purposes of developing, improving and selling our products and services.
5. Your Obligations
5.1 Use of Tool Data.
You will use information provided by the ONE-KEY™ App about the ONE-KEY™ Tool or its use (e.g. crimp reports) ("Tool Data") for general information purposes only. You will verify the accuracy of the Tool Data in situations where inaccurate Tool Data would cause financial damages or cause damages to the life, body or health of a person.
Before using the ONE-KEY™ App You will read the user manual provided by Us, in particular security notices. You will use the ONE-KEY™ App strictly in compliance with such information.
5.3 Lawful Use.
You will use the ONE-KEY™ App in compliance with any applicable laws and regulations. By using the ONE-KEY™ App You may not violate any third party rights (e.g. industrial property rights, copyrights, personality rights or property).
5.4 Data Protection.
5.5 Account Credentials.
You will keep confidential Your ONE-KEY™ Account credentials and not provide Your password to others or let others use or give others access to Your ONE-KEY™ Account.
5.6 Use with ONE-KEY™ Tools.
You will use the ONE-KEY™ App solely in connection with Our ONE-KEY™ Tools and Inventory Management Platform. Your right to manage third party tools with the Inventory Management System remains unaffected. You will not use with ONE-KEY™ App in connection with ONE-KEY™ Tools of third parties, unless the authorized owner of the ONE-KEY™ Tool has given You permission.
5.7 Sale, Lease, Transfer.
You may not sell, lease or otherwise make available the ONE-KEY™ App to third parties.
6. Data Protection
6.2 Marketing communications.
If You collect, process or use personal data of others with the ONE-KEY™ App (e.g. use of ONE-KEY™ Tools by Your employees), it is Your responsibility to comply with applicable data protection laws and regulations on the protection of personal data (as set out in more detail at clause 5.4).
7. Claims in Case of Defects / Warranty
7.1 Exclusion of Liability.
Any and all claims (including for rectification) in case of material defects and defects of title of the ONE-KEY™ App ("Defects"), particularly warranty for the accuracy, absence of errors, absence of third-party protection rights and copyrights, completeness and/or usability, are excluded, except in cases of a fraudulent concealment of a Defect (see sections 523 and 524 of the German Civil Code - "BGB").
7.2 Damage Claims.
You have no damage claims due to Defects of the ONE-KEY™ App, except We have fraudulently concealed the Defect (see sections 523 and 524 of the German Civil Code - "BGB").
8. Limitation of Liability
Our liability for Defects of the ONE-KEY™ App is limited according to section 7 of this Agreement. Otherwise our liability is limited according to this section 8.
8.2 Limitation in Certain Cases.
We are liable for damages if they
a) have been caused due to Our intent or gross negligence; or
b) have been caused by Our slight negligence and a material breach of obligations, which endangers the achievement of the objective of this Agreement or have been caused due to failure to comply with obligations, the very fulfillment of which is an essential prerequisite for the proper performance of this Agreement and on the observance of which You may rely (essential obligations).
Any further liability of Us is excluded, irrespective of its legal basis, unless We are liable for damages to the life, body or health of a person, due to the explicit assumption of a guarantee of quality, fraudulently concealed defects or due to claims under the German Product Liability Act.
8.3 Limitation of the Amount of Liability.
In case of clause 8.2.b) (slight negligent violation of essential obligations) Our liability is limited to the amount of a typical foreseeable damage for such type of agreement.
8.4 Further Limitation.
With regard to the provision of the ONE-KEY™ App free of charge, Our liability is further limited to damages caused by Our intent and gross negligence and liability for damages caused by slight negligence is excluded, as set out in section 521 BGB.
8.5 Employees and Statutory Representatives.
The limitations of liability in this Agreement also apply to Your claims against Our employees and statutory representatives.
9. Your Indemnification Obligation
9.1 Indemnification Obligation.
If third parties (including public authorities) raise claims against Us or assert infringements of their rights, based on the allegation that You have violated this Agreement, in particular clause 5 of this Agreement, the following applies: You will immediately indemnify Us from such claims losses, costs, fines or damages suffered or incurred by Us, support Us reasonably in Our legal defense and indemnify Us from any costs for such defense (including attorney fees).
9.2 Prerequisites for the Indemnification Obligation.
The obligation to indemnify according to clause 9.1 of this Agreement requires that We inform You immediately in writing of any such claims made, do not make any acknowledgements or equivalent declarations and allow You - at Your expense - to conduct all judicial and extrajudicial proceedings and/or negotiations regarding the claims, if and to the extent permissibly by applicable law. If We do not fulfill these requirements Your indemnification obligation is reduced accordingly. Our statutory claims (e.g. for damages) remain unaffected.
This section 9 does not apply if You are a natural person who enters into this Agreement for purposes, which predominantly can be attributed neither to Your commercial nor Your independent professional occupation (see section 13 BGB) ("Consumer").
10.1 Applicable Law.
This Agreement is exclusively governed by and construed in accordance with the laws of the State of Wisconsin, United States under exclusion of the UN Convention on the International Sale of Goods (CISG). If You are a Consumer the previous choice of law clause only applies to the extent that it does not deprive You of applicable mandatory consumer protection laws of the country in which You are ordinarily resident at the time of installing the ONE-KEY™ App.
Terms in this Agreement shall be construed in accordance with the concept of German law.
10.3 Place of jurisdiction.
If You are a merchant, the exclusive place of jurisdiction is Our place of establishment; we remain, however, entitled to sue You at Your registered office.
In case individual provisions of this Agreement are or become ineffective, this does not affect the effectiveness of the remaining provisions.
Version: 1 May 2018