This Privacy Policy is issued by Husqvarna AB (publ.) on behalf of itself, its subsidiaries and its affiliates (together, “Husqvarna Group”, “we”, “us” and “our”) and is addressed to individuals outside our organisation with whom we interact, including but not limited to, our customers, our dealers and distributors of our products, visitors to our Sites, users of our Apps, other users of our products or services, and visitors to our premises (together, “you”). It is applicable where our Processing of your Personal Information is subject to the GDPR and/or POPI.

This Privacy Policy will inform you as to how we look after your Personal Information when you visit our Sites (regardless of where you visit our Sites from) and tell you about your privacy rights and how the law protects you.

Defined terms used in this Privacy Policy are explained in Section (S) below.

Details of the relevant Controllers under this Privacy Policy are provided in Section (R) below.

This Privacy Policy may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Information, or changes in Applicable Law. We encourage you to read this Privacy Policy carefully, and to regularly check it to review any changes we might make from time to time.

It is important that you read this Privacy Policy together with any other privacy notice or policy we may provide on specific occasions when we are collecting or Processing Personal Information about you so that you are fully aware of how and why we are using your Personal Information.

Collection of Personal Information: We collect or obtain Personal Information about you from the following sources:

• Information provided to us: We obtain Personal Information when such information is provided to us by you (e.g., where you contact us via email or telephone, or by any other means, or when you provide us with your business card, or when you submit a job application).
• Relationship information: We collect or obtain Personal Information in the ordinary course of our relationship with you (e.g., we provide a service to you or to your employer).
• Information you make public: We collect or obtain Personal Information that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if your social media profile is public and you make a public post about us).
• App information: We collect or obtain Personal Information when you download or use any of our Apps, including when you use an App in connection with an Automower, or any of our other products.
• Site information: We collect or obtain Personal Information when you visit any of our Sites or use any features or resources available on or through a Site.
• Registration details: We collect or obtain Personal Information when you use, or register to use, any of our Sites, Apps, products, or services.
• Content and advertising information: If you choose to interact with any third party content or advertising on a Site or in an App, we receive Personal Information about you from the relevant third party.
• Third party information: We collect or obtain Personal Information from third parties who provide it to us (e.g., credit reference agencies; law enforcement authorities; etc.).

We also create records using and containing your Personal Information in certain circumstances, such as records of your interactions with us, and details of your purchase history.

• Personal details: given name(s); preferred name; and photograph.
• Demographic information: gender; date of birth / age; nationality; salutation; title; and language preferences.
• Contact details: correspondence address; shipping address; telephone and/or mobile number; email address; details of personal assistants, where applicable; messenger app details; online messaging details; and social media details.
• Consent records: records of any consents you have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).
• Purchase details: records of purchases and prices; and consignee name, address, contact telephone number and email address.
• Payment details: invoice records; payment records; billing address; payment method; bank account number or credit card number; cardholder or account holder name; card or account security details; card ‘valid from’ date; card expiry date; BACS details; SWIFT details; IBAN details; payment amount; payment date; and records of cheques.
• Information relating to our Sites and Apps: device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Site; App usage statistics; App settings; dates and times of connecting to an App; location data, and other technical communications information (some of which  may constitute Personal Information); username; password; security login details; usage data; aggregate statistical information. in this regard, please see Section (O) below and our Cookies Policy.
• Employer details: where you interact with us in your capacity as an employee of a third party, the name, address, telephone number and email address of your employer, to the extent relevant.
• Content and advertising information: records of your interactions with our online advertising and content, records of advertising and content displayed on pages or App screens displayed to you, and any interaction you may have had with such content or advertising (e.g., mouse hover, mouse clicks, any forms you complete in whole or in part) and any touchscreen interactions.
• Views and opinions: any views and opinions that you choose to send to us, or publicly post about us on social media platforms.

We do not seek to collect or otherwise Process Special Personal Information in the ordinary course of our business. Where it becomes necessary to Process your Special Personal Information for any reason, we rely on one of the following legal bases:

• Compliance with Applicable Law: We may Process your Special Personal Information where the Processing is required or permitted by Applicable Law (e.g., to comply with our diversity reporting obligations);
• Detection and prevention of crime: We may Process your Special Personal Information where the Processing is necessary for the detection or prevention of crime (e.g., the prevention of fraud);
• Establishment, exercise or defence of legal rights or obligations: We may Process your Special Personal Information where the Processing is necessary for the establishment, exercise or defence of legal rights or obligations; or
• Consent: We may Process your Special Personal Information where we have, in accordance with Applicable Law, obtained your prior, express consent prior to Processing your Special Personal Information (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).

If you provide Special Personal Information to us, you must ensure that it is lawful for you to disclose such information to us, and you must ensure that a valid legal basis applies to the Processing of such Special Personal Information.

This website is not intended for children and we do not knowingly collect information relating to children.

The purposes for which we Process Personal Information, subject to Applicable Law, and the legal bases on which we perform such Processing, are as follows:

• you and, where appropriate, your appointed representatives;
• legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of Applicable Law;
• accountants, auditors, lawyers and other outside professional advisors to the Husqvarna Group, subject to binding contractual obligations of confidentiality;
• third party Processors (such as payment services providers; shipping companies; dealers; distributors etc.), located anywhere in the world, subject to the requirements noted below in this Section (G);
• any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights;
• any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;
• any relevant third party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganisation, dissolution or liquidation); and
• any relevant third party provider, where our Sites and our Apps use third party advertising, plug-ins or content. If you choose to interact with any such advertising, plug-ins or content, your Personal Information may be shared with the relevant third party provider. We recommend that you review that third party’s privacy policy before interacting with its advertising, plug-ins or content.

If we engage a third party Processor to Process your Personal Information, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Information in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Information; together with any additional requirements under Applicable Law.

We do not Process Personal Information for the purposes of automated decision-making and Profiling.

Because of the international nature of our business, we transfer Personal Information within the Husqvarna Group, and to third parties as noted in Section (G) above, in connection with the purposes set out in this Privacy Policy. For this reason, we transfer Personal Information to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.

Where we transfer Personal Information from the Republic to a recipient outside the Republic, we do so on the basis of a binding agreement requiring the recipient to comply with Applicable Law.  You are entitled to request further information regarding these agreements using the contact details provided in Section (R) below.

We have implemented appropriate technical and organisational security measures designed to protect your Personal Information against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with Applicable Law.

Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable technical and organisational security measures to protect your Personal Information when we Process it, we cannot guarantee the security of your Personal Information transmitted to us using the internet – please take all reasonable steps to ensure that any Personal Information that you send to us is sent securely.

We take every reasonable step to ensure that:

• your Personal Information that we Process is accurate and, where necessary, kept up to date; and
• any of your Personal Information that we Process that is inaccurate (having regard to the purposes for which it is Processed) is erased or rectified within a reasonable period.

From time to time we may ask you to confirm the accuracy of your Personal Information.

We take every reasonable step to ensure that your Personal Information that we Process is limited to the Personal Information reasonably necessary in connection with the purposes set out in this Privacy Policy.

We take every reasonable step to ensure that your Personal Information is only Processed for the minimum period necessary for the purposes set out in this Privacy Policy unless a longer retention of the information is required or authorised by any Applicable Law. The criteria for determining the duration for which we will retain your Personal Information are as follows:

1.     we will retain Personal Information in a form that permits identification only for as long as:

a.     we maintain an ongoing relationship with you (e.g., where you are a user of our services, or you are lawfully included in our mailing list and have not unsubscribed); or

b.     your Personal Information is necessary in connection with the lawful purposes set out in this Privacy Policy, for which we have a valid legal basis (e.g., where your personal information is included in a contract between us and your employer, and we have a legitimate interest in processing that information for the purposes of operating our business and fulfilling our obligations under that contract; or where we have a legal obligation to retain your Personal Information); or

c.     you have consented to such retention of information,

plus:

2.     the duration of:

a.     any applicable limitation period under Applicable Law (i.e., any period during which any person could bring a legal claim against us in connection with your Personal Information, or to which your Personal Information is relevant); and

b.     an additional two (2) month period following the end of such applicable limitation period (so that, if a person brings a claim at the end of the limitation period, we are still afforded a reasonable amount of time in which to identify any Personal Information that are relevant to that claim),

and:

3.     in addition, if any relevant legal claims are brought, we continue to Process Personal Information for such additional periods as are necessary in connection with that claim.

During the periods noted in paragraphs (2)(a) and (2)(b) above, we will restrict our Processing of your Personal Information to storage of, and maintaining the security of, that information, except to the extent that that information needs to be reviewed in connection with any legal claim, or any obligation under Applicable Law.

Once the periods in paragraphs (1), (2) and (3) above, each to the extent applicable, have concluded, we will either:

• permanently delete or destroy the Relevant Personal Information; or
• anonymise or de-identify the Relevant Personal Information.

Subject to Applicable Law, you may have the following rights regarding the Processing of your Relevant Personal Information:

• the right not to provide your Personal Information to us (however, please note that we will be unable to provide you with the full benefit of our Sites, Apps, products, or services, if you do not provide us with your Relevant Personal Information – e.g., we might not be able to process your requests without the necessary details);
• the right to request confirmation, free of charge, whether or not we hold any of your Personal Information;
• the right to request access to, or a copy of, your Relevant Personal Information, together with information regarding the nature, Processing and disclosure of such Relevant Personal Information, free of charge. Please use the contact details provided in Section (R) below to send us your access request. You will be required to provide adequate proof of your identity so that we can confirm your identity and ensure your right to access your Relevant Personal Information. We may need to request other specific information from you to help us process your request. This is a security measure to ensure that Personal Information 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;
• the right to request rectification of any inaccuracies in your Relevant Personal Information;
• the right to request, on legitimate grounds:
• erasure of your Relevant Personal Information; or
• restriction of Processing of your Relevant Personal Information;
• the right to have certain Relevant Personal Information transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable;
• where we Process your Relevant Personal Information on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Information in reliance upon any other available legal bases); and
• the right to lodge complaints regarding the Processing of your Relevant Personal Information with the relevant Data Protection Authority.

This does not affect any other rights you may have in terms of Applicable Law.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Privacy Policy, or about our Processing of your Personal Information, please visit https://privacyportal.husqvarnagroup.com or use the contact details provided in Section (R) below. Please note that:

• in some cases it will be necessary to provide evidence of your identity before we can give effect to these rights; and
• where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with Applicable Law) we will investigate your request reasonably promptly, before deciding what action to take.

All use of our Sites, Apps, products, or services is subject to our Terms of Use. We recommend that you review our Terms of Use regularly, in order to review any changes we might make from time to time.

- Husqvarna ZA
- Husqvarna Construction ZA
- Myshopify [PN5]
- All our Apps [PN6]

We Process Personal Information to contact you via email, telephone, direct mail or other communication formats to provide you with information regarding Sites, Apps, products, or services that may be of interest to you. If we provide Sites, Apps, products, or services to you, we may send information to you regarding our Sites, Apps, products, or services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us, subject always to obtaining your prior opt-in consent to the extent required under Applicable Law.

You may unsubscribe from our promotional email list at any time by simply clicking on the unsubscribe link included in every promotional email we send or by sending a request to us using the contact details in Section (R) below. After you unsubscribe, we will not send you further promotional emails, but in some circumstances we will continue to contact you to the extent necessary for the purposes of any Sites, Apps, products, or services you have requested. 

For the purposes of this Privacy Policy, the relevant Controllers are:

Alternatively, you may contact us using our online contact form available via https://privacyportal.husqvarnagroup.com, or by email to onlineorders@husqvarnagroup.com.  

The Information Officer for Husqvarna South Africa (Pty) Ltd and the Group Data Protection Officer are contactable using the details set out above respectively. The Information Officer can also be contacted by email at onlineorders@husqvarnagroup.com. The Group Data Protection Officer is contactable using the details set out above and can also be contacted by email at dpo@husqvarnagroup.com.

• “App” means any application made available by us (including where we make such applications available via third party stores or marketplaces, or by any other means), including but not limited to Automower Connect, My Automower, Husqvarna Battery Connect and Husqvarna Fleet Services 2.0.
• “Applicable Law” means all mandatory laws and regulations in the relevant jurisdiction/s which are applicable in terms of this Privacy Policy, including Data Protection Laws.
• “Cookie” means a small file that is placed on your device when you visit a website (including our Sites). In this Privacy Policy, a reference to a “Cookie” includes analogous technologies such as web beacons and clear GIFs.
• “Controller” means the entity that decides how and why Personal Information is Processed, and refers to a “Responsible Party” where applicable in terms of POPI.  
• “Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable Data Protection Laws in the relevant jurisdiction.
• “Data Protection Laws” means all mandatory laws and regulations in the relevant jurisdiction/s which are applicable to our Processing of your Personal Information in terms of this Privacy Policy, and includes the GDPR and POPI where applicable. 
• “Data Protection Officer” has the meaning as provided in terms of articles 38 and 39 of the GDPR and “Information Officer” has the meaning as provided in terms of sections 55 and 56 of POPI.
• “GDPR” means Regulation (EU) 2016/679 (General Data Protection Regulation).
• “Personal Data” means information about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location information, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
• “Personal Information” includes Personal Data, and where applicable, information relating to an identifiable, existing juristic person.
• “POPI” means the Protection of Personal Information Act, 2013.
• “Process”, “Processing” or “Processed” means anything that is done with any Personal Information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• “Processor” means any person or entity that Processes Personal Information on behalf of the Controller  (other than employees of the Controller), and refers to an “Operator” where applicable in terms of POPI.
• “Profiling” means any form of automated Processing of Personal Information consisting of the use of Personal Information to evaluate certain personal aspects relating to a person, in particular to analyse or predict aspects concerning that person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
• “Relevant Personal Information” means Personal Information in respect of which we are the Controller.
• “Republic” means the Republic of South Africa.
• “Special Personal Information” means Personal Information about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, biometric information, any actual or alleged criminal offences or penalties, or any other information that is deemed to be special under relevant Data Protection Laws.
• “Site” means any website operated, or maintained, by us or on our behalf.

This Privacy Policy was last updated on 1 November 2019.