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Addendum: Jurisdiction Specific Terms

California Consumer Protection Act

The California Consumer Protection Act defines Personal Information as information that identifies, relates to, describes, is capable of being associated with, or could reasonable be linked, directly or indirectly, with a particular consumer or household. For the purposes of this Fronius International Privacy Statement, California residence should consider “Personal Data” to have the same definition as “Personal Information,” as is defined by the California Consumer Protection Act. Furthermore, California Residence have the following rights which are herein stated in this Addendum. 

Fronius does not sell Personal Information or exchange Personal Information for valuable consideration of the visitors to its website. For detailed information about the categories of data which Fronius collects, please see Section 6 of the International Data Privacy Statement

 

California resident, beginning January 1, 2020 have the right to make the following requests with respect to their personal information under the California Consumer Privacy Act (CCPA):

1. Access: You have the right to request that we disclose to you the personal information we have collected, used, disclosed or sold about you in the previous 12 months. You may submit an access request here or call 877-Fronius.

2. Deletion: You can request that we delete your personal information that we collected from you to the extent required under CCPA and subject to certain exceptions. We retain personal information to service your equipment, your warranty rights, to comply with applicable laws and regulations and other permissible purposes. Fronius may not be able to delete all of your personal information. You may submit a deletion request here or call 877-Fronius.

3. Right to Opt-Out: Fronius USA does not sell personal information.  The law defines “sale” very broadly to include simply making data available to third parties in some cases. Advertising and analytics companies we use collect anonymized data through our sites and apps when you use our Services. We may share some personal information with our suppliers (acting as our service providers) that do not constitute “sales” to help us perform advertising-related functions such as, but not limited to, measuring the effectiveness of our ads, managing how many times you may see an ad, reporting on the performance of our ads, ensuring services are working correctly and securely, providing aggregate statistics and analytics, improving when and where you may see ads, and/or reducing ad fraud.

4. Right to be Free of Discrimination:  Finally, you have a right to not be discriminated against for exercising rights set out in the CCPA.

Any disclosure, deletion,  or opt out choices you make will only apply to the specific email address that you provide when making the request, or be based on the information specifically provided in the request.

Requests through an Agent: You may designate an authorized agent to make requests on your behalf to exercise your rights under the California Consumer Privacy Act. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized that person to act on your behalf, and we will need you to verify your identity directly with us. Further, to provide or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. You must use the Third Party Authorization form available on our website to authorize third parties to make an access or deletion request on your behalf.

For assistance making a California access or deletion request, please submit you request here or call 877-Fronius. 

Right to Refuse: We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests. We will not include employment related information in fulfilling your request.

Governing Law. Fronius USA LLC, as a US entity incorporated in the State is Indiana, is responsible for the use of Personal Data of Data Subjects in the USA. The substantive laws of the United States, and specifically State of Indiana, without regard to conflicts of laws principles that would require application of any other law, shall govern all matters arising out of, or relating to, this International Privacy Statement and all of the issues, claims, allegations arising from it whether direct or indirect, including without limitation its validity, interpretation, formation, construction, breach of terms, performance, termination and enforcement. The United Nations Convention on the International Sale of Goods shall not apply to the Agreement.

 

Contact Info USA:

Fronius USA LLC

6797 Fronius Dr

Portage, IN 46368

Phone: (219)734-5500 or 877-Fronius

Email: dataprotection@fronius.com

Australian Privacy Principles Addendum 

The following is a Jurisdictional Addendum intended to supplement and supersede the Fronius International Privacy Statement with respect to compliance with the Australian Privacy Principles.  Information, such as, how individuals may access their personal information which is held by Fronius and seek the correction of such information; how an individual may complain about a breach of the Australian Privacy Principles; and how manages such complaints is covered in this Addendum,  amongst other important points specific to Australia’s jurisdictional requirements. The term Fronius will have the meaning described in Section 1 of the Fronius International Privacy Statement (FIPS). 

1. Collection of Information (Personal and Sensitive) 

1.1 Fronius, as an APP entity, only collects personal information about an individual from the individual unless the individual has given a 3rd party the rights to collect and share personal information with Fronius for a business purpose, which is evidenced in a writing.  

1.2 An APP entity must not collect sensitive information about an individual unless the individual consents to the collection of the information and the information is reasonably necessary for one or more of the entity’s functions or activities. In order for certain Fronius platforms to achieve their intended and primary purpose, which is amongst other things to perform Product updates and servicing remotely through a digital platform, certain personal and sensitive information of the individual must be collected. By becoming a Registered User on a Fronius platform in Australia and through continued use of the Fronius platforms, you consent to the collect of sensitive data. See Section 5 and Section 6 of the FIPS for further details.

2. Anonymity in Collection 

2.1 Australian Privacy Principals allow Individuals the option of not identifying themselves, or of using a pseudonym, when dealing with an APP entity in relation to a particular matter unless the APP entity is required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves; or it is impracticable for the APP entity to deal with individuals who have not identified themselves or who have used a pseudonym. 

2.1.1 For individuals using a Fronius platform which requires a Register User profile, as defined by Section 6 of the FIPS, anonymity is not possible. Fronius platforms which require a Register User profile cannot function and serve the purpose for which they are intended without personal information of the individual. This exception is allotted by Section 2.2B of the APP13. 

2.1.2 General Visitor, as defined in Section 6 of the FIPS, to the Fronius website are always anonymous. Please review section 6 of the FIPS for more details about the categories of data collected.

3. Unsolicited Collection of Information 

3.1 When dealing with unsolicited personal information if Fronius receives personal information and Fronius did not solicit the information Fronius shall, within a reasonable period after receiving the information, determine whether or not the Fronius could have collected the information under Australian Privacy Principle 3 if Fronius had on its own solicited the information. 

3.1.1 If Fronius determines it could have collected the information, Fronius will apply all its current relevant privacy polices to the information in accordance with Australian Privacy Principles 5 to 13 as if the Fronius had collected the information under Australian Privacy Principle 3.

3.1.2 If Fronius determines that it could not have collected the personal information and the information is not contained in a Commonwealth record Fronius shall, as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de-identified.

4. Collection of Information for a Fundamental Business Purpose

4.1 The collection of the personal information is required for Register Users (see Section 6 FIPS) as this information is reasonable necessary in order to achieve the purpose and function of the services and features offered on these Fronius platforms, which is amongst other things to perform Product updates and servicing remotely through a Fronius digital platform. Collection for the aforementioned personal information is permitted under 3.2 of the APP13.  

4.2 The main consequences for the individual if all or some of the personal information is not collected by Fronius is limited to Registered User. Fronius Products can be updated and serviced remotely using our online platforms. These platforms require individuals to disclose of personal information, so that proper identification of the products, invoicing, and other necessary services can be processed by Fronius. Individuals who do not which to share or disclose of their personal information can receive updates and servicing for their Fronius Product through our non-digital processes. This includes, contacting a service provider who can visit the individual’s location and perform the necessary services on-site.   

4.3 Fronius holds personal information about an individual that was collected for a particular purpose (the primary purpose), which is amongst other things to perform Product updates and servicing remotely through a Fronius digital platform. Fronius does not use or disclose the information for another purpose (the secondary purpose) unless: 

(a) the individual has consented to the use or disclosure of the information; or

(b) for the purposes set out in Section 5 of the FIPS; or

(c) for a reason found in Section 7 of the FIPS. 

4.3.1 Any sensitive information which is shared, is directly related to the primary purpose. Any personal information which is shared is related to the primary purpose. 

5. Accessing, Correcting, and Filing a Complaint 

5.1 An individual may access the personal information about oneself that is held by Fronius and seek the correction of such information by completing a submission form, which can be found here

5.2 The individual may file a complaint about a breach of the Australian Privacy Principles by submitting the following form. Fronius will review the complaint, verify its authenticity, and on a case-by-case basis determine the best course of action, including but not limited to: contacting the individual for more information, making changes to our policies or procedures, requesting a neutral third party provide an evaluation and determination of the situation. 

5.3 Fronius shall take reasonable measures to ensure that the personal information collected is accurate, up-to-date and complete. Furthermore Fronius shall take reasonable measures to ensure that the personal information it uses or discloses is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant. Individuals may request a correction by contacting Fronius using the following submission form.