1. Name and contact details of the data processor responsible, the data protection officer and the location of the server

The controller in accordance with Article 4 (7) of the EU General Data Protection Regulation (GDPR) is

BERNINA International AG
Seestrasse 161
8266 Steckborn
Switzerland

E-Mail: [email protected]
Telefon: +41 (0)52 762 11 11 (see our legal notice)
 
You can contact our data protection officer Mr. Denkinger via email at [email protected] or at the aforementioned postal address, addressing any correspondence to „the data protection officer“.
  
Furthermore, you can also contact the appropriate market organization if you wish to discuss the processing of your data: [email protected]
   
At BERNINA, the personal data is saved at on servers in the EU.

2. Collection and storage of (personal) data; type and purpose of its use

The BERNINA Stitchout App is a mobile app for monitoring a BERNINA sewing and embroidery machine connected to the app in a local network. If the sewing machine and a mobile device are connected to the same local network, the Stitchout App can receive and display the data from the machine.

The app can be used to query the current status of an ongoing embroidery job and receive push messages.  To send push messages, the app logs on anonymously to the push notification server.

The serial number (anonymised), the name of the machine and the software version of the machine are used to check whether the firmware of the machine is up-to-date. The geo-location of the machine (location accuracy state/province) as well as the type and frequency of messages sent by the machine are used to improve the product and its support.

The correct language is determined based on the respective system language setting.

No login is required to use the Stichout App and the app does not store any customer or product data. The app usage data is not analysed. Log files do not contain any personal data.

3. Use of service providers, communication of data

BERNINA uses selected external service providers to provide support and administrative tasks for our Stitchout App. These service providers have access to the data processed. The service provider processes the data solely on behalf of and in accordance with the instructions of BERNINA and in compliance with this privacy policy and the applicable laws.

We currently use the following service providers:

Partner	Address	Services
Microsoft Corporation	One, Microsoft Way, Redmond, WA 98052, USA	System provider ERP, CRM, user authentication (Entra ID) and cloud services (Azure)
EPS Software Engineering AG	Pestalozzistrasse 27, 9500 Will, Switzerland	Software development provider for the Stitchout App
Google LLC	1600 Amphitheatre Parkway, Mountain View, CA 94043, USA	Various services (e.g. Firebase for notifications)

In order to ensure the technical implementation and security of the systems and to enable delivery to customers, other service providers are also given access to the systems as part of their fulfillment purpose. These service providers are checked and compliance with data protection is ensured through appropriate certifications and contracts. At the customer's request, a corresponding order data processing list can be requested from the data protection officer.

Your personal data will only be transferred to third parties to the extent that the lawfulness of the processing fulfills one of the following conditions:

• You have given your explicit consent in accordance with Art. 6 para. 1 clause 1 lit. a of the GDPR.
• In accordance with Art. 6 para. 1 clause 1 lit. f of the GDPR, the disclosure is required in relation to the assertion, exercise or defense of legal claims, or for the delivery of our website or app and there is no reason to believe that you have an overriding legitimate interest in the non-disclosure of your information
• In the event that the disclosure is a legal obligation in accordance with Art. 6 para. 1 clause 1 lit. c of the GDPR
• The disclosure is permitted by law and is required to conclude a contractual relationship with you in accordance with article 6 para. 1 clause 1 lit. b of the GDPR.

4. Data security

When you use this app, we take appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments. However, BERNINA cannot guarantee the security of the data transmitted by you as a user. Any transmission of data is undertaken at your own risk.

5. Your Rights

You have the right:

• in accordance with Art. 15 of the GDPR, to request information about your personal data processed by us. In particular, you can request information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned storage period, the right to modifications, deletion, limitation of processing or contradiction, the existence of the right to appeal, the origin of the data insofar as it was not collected from us, and the existence of automated decision-making, including profiling and, where appropriate, descriptive information about the details thereof:
• in accordance with Art. 16 of the GDPR to immediately request the correction of inaccurate or incomplete personal data stored by us;
• in accordance with Art. 17 of the GDPR to request the deletion of your personal data stored by us, insofar as the processing is not required for the exercise of the right to freedom of expression and information, to comply with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal rights;
• in accordance with Art. 18 of the GDPR to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you reject its deletion and we no longer need the data, yet you need this to assert, exercise or defend legal claims or you have lodged an objection to the processing in accordance with Art. 21 of the GDPR;
• in accordance with Art. 20 of the GDPR, to receive your personal data, which you have provided to us, in a structured, common and machine-readable format or to request its transmission to another responsible person;
• in accordance with Art. 7 para. 3 of the GDPR, to revoke the consent granted to us at any time. The consequence is that we are no longer allowed to continue data processing, based on this consent, in the future.

To exercise the above rights, please send an email to [email protected] or send us a message to the contact details given in the imprint.

Right to object:
If we process your personal data to protect legitimate interests within the meaning of Article 6(1f) GDPR, then in accordance with Article 21(1) GDPR, you have the right to object to this processing for reasons that arise from your particular situation. You can object to the processing of your data for direct marketing purposes at any time and without reason, in accordance with Art. 21 (2) GDPR. In order to exercise your right to object, it is sufficient to send us an informal notification, e.g. via email to [email protected].
 
Right to lodge a complaint:
If you believe that the processing of personal data concerning you violates the General Data Protection Regulation, then in accordance with Article 77 GDPR, you have the right to lodge a complaint with a supervisory authority for data protection.

6. Currency of and amendments to this privacy policy

This privacy policy is currently valid and was last updated on April 15th, 2024.
  
As a result of the further development of our website or app and offers, or due to amended statutory or regulatory requirements, it may be necessary to change this privacy policy. The respective current privacy policy can be consulted at any time on our website https://www.bernina.com/privacy-policy-app or in our app and can be printed out.