Legal Notice

Elekon AG

Entry in commercial register: 31.01.1979

Registered Office of Company: Luzern (LU)

Company registration number: CH-100.3.005.483-3

Commercial register office: Kanton Luzern

VAT number: CHE-103.467.211 MWST


Legal consideration

All information on our website has been carefully checked. We make every effort to ensure that the information we provide is up-to-date, correct and complete. Nevertheless, the occurrence of errors can not be completely excluded, so we can not guarantee the completeness, accuracy and timeliness of information, including journalistic-editorial nature. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. The publisher may change or delete texts at his own discretion and without notice and is not obliged to update the contents of this website. The use of or access to this website is at the visitor’s own risk. The publisher, its clients or partners are not responsible for damages, such as direct, indirect, incidental, consequential or punitive damages, allegedly caused by the visit of this website and consequently assume no liability for such damages. The publisher also accepts no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked sites are solely responsible for their content. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or that may offend common decency.


Copyrights

The copyrights and all other rights on content, illustrations, photos or other files on the website exclusively belong to Elekon AG or expressly mentioned owners. For any reproduction, a written consent of the copyright holder must be obtained in advance.

Photos of bats

The photos of the bats are copyright property owned by Dietmar Nill, Monika Lachat (Fledermausschutz Luzern). They are really beautiful shots.


Privacy statement

We appreciate your interest in our products. The protection of your privacy is very important to us. Please read below on how we are handling your data.

Company Name: Elekon AG

Data protection officer:

Marco Gumprich

+41 41 2504040

mail@elekon.ch

General / Introduction

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DSG), every person has the right to protection of their privacy as well as protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the legal data protection regulations as well as this privacy policy.

In cooperation with our hosting providers, we make every effort to protect the databases as well as possible against unauthorized access, loss, misuse or falsification.

We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can have security gaps. A complete protection of data against access by third parties is not possible.

By using this website, you consent to the collection, processing and use of data in accordance with the following description. This website can generally be visited without registration. Data such as pages accessed or names of files accessed, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address are collected as far as possible on a voluntary basis. Without your consent, the data will not be passed on to third parties.

Processing of personal data

Personal data is any information that relates to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. Furthermore, to the extent and insofar as the EU GDPR is applicable, we process personal data in accordance with the following legal bases in connection with Art. 6 (1) GDPR: lit. a) Processing of personal data with the consent of the data subject. lit. b) Processing of personal data for the fulfillment of a contract with the data subject as well as for the implementation of corresponding pre-contractual measures. lit. c) Processing of personal data for the fulfillment of a legal obligation to which we are subject under any applicable law of the EU or under any applicable law of a country in which the GDPR is applicable in whole or in part. lit. d) Processing of personal data in order to protect the vital interests of the data subject or another natural person. lit. f) Processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject are overridden. Legitimate interests include, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.

We process personal data for the duration required for the respective purpose or purposes. In the case of longer-term retention obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.

Data Subject Rights

Right to confirmation

Every data subject has the right to request confirmation from the website operator as to whether personal data concerning him or her are being processed. If you wish to exercise this right of confirmation, you may, at any time, contact the Data Protection Officer.

Right of access

Every person affected by the processing of personal data has the right to receive information free of charge from the operator of this website at any time about the personal data stored about him or her and a copy of this information. Furthermore, information may be provided about the following, if applicable: the purposes of processing the categories of personal data processed the recipients to whom the personal data have been or will be disclosed if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration the existence of a right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or a right to object to such processing the existence of a right of appeal to a supervisory authority if the personal data are not collected from the data subject: Any available information about the origin of the data. Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer. If you would like to make use of this right to information, you can contact our data protection officer at any time.

Right to rectification

Every person affected by the processing of personal data has the right to demand the immediate correction of incorrect personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request that incomplete personal data be completed, including by means of a supplementary declaration. If you wish to exercise this right of rectification, you may contact our data protection officer at any time.

Right to erasure (right to be forgotten) Any person concerned by the processing of personal data has the right to obtain from the controller of this website the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is no longer necessary: The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary. The data subject revokes the consent on which the processing was based and there is no other legal basis for the processing The data subject objects to the processing on grounds relating to his or her particular situation and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in the case of direct marketing and related profiling The personal data have been processed unlawfully The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject The personal data has been collected in relation to information society services provided directly to a child If one of the above reasons applies and you wish to arrange for the deletion of personal data stored by theoperator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the erasure request to be complied with immediately.

Right to restriction of processing

Any person concerned by the processing of personal data has the right to obtain from the controller of this website the restriction of processing if one of the following conditions is met: The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defense of legal claims The data subject has objected to the processing on grounds relating to his or her particular situation, and it is not yet clear whether the legitimate interests of the controller override those of the data subject If one of the aforementioned conditions is met, you can request the restriction of personal data stored by the operator of this website at any time by contacting our data protection officer. The data protection officer of this website will arrange the restriction of the processing.

Right to data portability

Every person affected by the processing of personal data has the right to receive the personal data concerning him or her in a structured, common and machine-readable format. He or she also has the right to have this data transferred to another controller if the legal requirements are met. Furthermore, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and insofar as this does not adversely affect the rights and freedoms of other persons. To assert the right to data portability, you may at any time contact the data protection officer appointed by the operator of this website.

Right of objection

Any person affected by the processing of personal data has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her. The operator of this website shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or if the processing serves the purpose of asserting, exercising or defending legal claims. To exercise the right to object, you may directly contact the Data Protection Officer of this website. Right to revoke consent granted under data protection law Every person affected by the processing of personal data has the right to revoke a given consent to the processing of personal data at any time. If you wish to exercise your right to revoke consent, you may contact our data protection officer at any time.

With SSL/TLS encryption

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Server Log-Files

The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are: Browser type and Browser version Operating system used referrer URL Host name of the accessing computer Time of the server request

This data cannot be assigned to specific persons. This data is not merged with other data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of illegal use.

Contact form

If you send us inquiries via the contact form, your data from the inquiry form including the contact data you provided there will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on this data without your consent.

Newsletter

If you would like to receive the newsletter offered on this website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the specified e-mail address and agree to receive the newsletter. Further data will not be collected. We use this data exclusively for sending the requested information and do not pass it on to third parties.

You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the “unsubscribe link” in the newsletter.

Sending newsletters - Mailchimp

The newsletter is sent using the mailing service provider ‘MailChimp’, a newsletter mailing platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the privacy policy of the mailing service provider here. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with the European level of data protection (PrivacyShield). The shipping service provider is used on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO and an order processing agreement pursuant to Art. 28 para. 3 p. 1 DSGVO.

The dispatch service provider may use the data of the recipients in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. to technically optimize the dispatch and presentation of the newsletters or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.


Refund policy

Refunds are provided at the sole discretion of Elekon and on a case-by-case basis and may be refused. Elekon will refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behaviour that entitles Elekon to counterclaim the refund. This does not affect your rights as a Consumer in relation to Products which are not as described, faulty or not fit for purpose.


BATLOGGER Control App

Without the use of BATLOGGER Connect, no data is shared with Elekon. However, by integrating Google Maps, data can be sent to Google.

Privacy policy in connection with the BATLOGGER Control App

Data storage and collection

The BATLOGGER Control App stores data only locally on the mobile phone and does not forward any data to Elekon.

Location data and Bluetooth® connection

The BATLOGGER Control App requires access to the Bluetooth® connection and the location data of the mobile phone.

Access to the Bluetooth® connection is required so that a connection to a BATLOGGER device can be established.

The location data of the mobile phone is needed so that a location can be assigned to the bat recordings created by the BATLOGGER. This location is important for the analysis of bat recordings.

This location data is not shared with Elekon or third parties, but only stored in the recording files of the device.

Google Maps

In the BATLOGGER Control App we use Google Maps to display the map. Google Maps is operated by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA or, if you have your habitual residence in the European Economic Area or Switzerland, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. When you use Google Maps, information about your use, including your IP address, is transmitted to a Google server in the USA and stored there. You can find more information about the collection, processing and use of your data by Google and your rights in this regard in Google’s privacy policy at https://www.google.com/policies/privacy/?hl=de and in the additional terms of use for Google Maps at https://www.google.com/intl/de_de/help/terms_maps/.


BATLOGGER Connect

Storage and collection of data

We only collect those customer data that are required for the operation of the BATLOGGER Connect Platform.

Personal data

This data may contain information about our users:

IP address

The BATLOGGER Connect servers keep logs for warnings and errors of the server services involved. The logs may contain the IP addresses of the users. They are only stored temporarily and are deleted cyclically. They are used exclusively to ensure the proper operation of our services.

Serial numbers

The transmission of the serial numbers of the devices is necessary for the provision of our service. They are required to assign devices to customer accounts.

Email address

The email addresses are used for authentication and for notifications.

Device location

The location data is transmitted to the server to provide an overview of the devices used on a map. The device location is only recorded after user interaction and can be overridden by the user if the actual location does not want to be shared.

Device alias

The device alias is also transmitted for the overview of the devices used.

Device data

Device data is transmitted to our servers for the provision of our BATLOGGER Connect service. These include values such as: Firmware version, battery level, SD card fill level in percent, number of recordings, error messages. No conclusions can be drawn about customers from this data.

Financial data

Your financial data is only required for payment of the BATLOGGER Connect service “IOT Status”. If you do not use this service, no financial data will be collected.

Payment for the BATLOGGER Connect service is handled by our online reseller and merchant of record, Paddle.com, who also handles order-related requests and returns. Paddle does not provide any financial data to Elekon AG. Paddle’s privacy policy can be viewed here: https://www.paddle.com/legal/privacy

Storage and processing of data

We only store and process your data on servers in Switzerland or Europe.

Data contribution

Only when the BATLOGGER Cloud Storage Option is used:

If customers agree to the “Data contribution” in their BATLOGGER Connect account, the recording data can be anonymised and de-personalised and made available to Elekon for the improvement of bat detection. This data can no longer be assigned to customers and all personal data such as project name, location, device number, etc. has been removed.

Delete Account

The BATLOGGER Connect account can be deleted by the users themselves at any time. Both the personal data and the device data will be deleted from the BATLOGGER Connect servers. To delete the account, open the BATLOGGER Control App. Navigate to “BATLOGGER Connect account” and click on the recycle bin icon.

The account and the data concerning this account will be deleted immediately and automatically.

A request to delete the data can also be submitted to Elekon at any time. To do this, send us an email from the email address of your account or use the contact form on this website.