Viessmann Data Protection Statement

General information

We, Viessmann China Limited (hereinafter referred to as "Viessmann" or "We"), as part of Viessmann Group (comprising of companies associated with Viessmann Climate Solutions SE affiliated companies), take the protection of personal data very seriously and are committed to protecting the privacy, confidentiality and security of all personal data. Viessmann will ensure compliance by all its staff members with the strictest standards of security and confidentiality.

This privacy policy statement ("Privacy Statement") is issued pursuant to the Personal Data (Privacy) Ordinance (Cap. 486) ("the Ordinance") and sets out how personal data is collected on www.viessmann.hk ("Website") and/or our apps and how Viessmann, its affiliates and associated companies use, maintain and process those personal data. Notwithstanding the foregoing, some of our apps have their own additional data protection statements.

Your use of the Website, our apps and/or services is subject to the terms and conditions and this Privacy Statement. By using the Website, our apps and/or services and submitting any personal data to Viessmann, you are deemed to have accepted and agreed to the terms and conditions and this Privacy Statement as may be amended, varied, supplemented and/or modified from time to time by Viessmann, at its sole discretion, without any prior notice. All amendments, variations, supplements and/or modifications shall take effect upon posting on the Website and/or in our apps. Please read this Privacy Statement carefully and check for updates to this statement on a regular basis.

If the terms of our apps deviates from this Privacy Policy Statement or supplement them with their own further statements, this will be indicated in a suitable manner on the corresponding apps.

If you do not agree with the terms and conditions and this Privacy Statement, please do not use this Website, our apps and/or services.

Responsible body within the meaning of Data Protection Legislation

Viessmann China Limited
Unit 16, 17/F.
Millennium City 2
378 Kwun Tong Road, Kwun Tong
Kowloon, Hong Kong

Processing within the Viessmann Group

Acting on our behalf, Viessmann China Limited operates:

  • Viessmann Climate Solutions Berlin GmbH for the operation of the websites and apps as well as marketing
  • Viessmann IT Service GmbH for the operation of backend systems

The data collected can be processed or passed on to other Viessmann Group companies if:

  • you have given your expressed and informed consent elsewhere (e.g. reference in the enquiry form),
  • it is necessary with a specific purpose and the division of labour within the Viessmann Group; corresponding contractual agreements have been concluded within the Viessmann Group for this purpose,
  • the data is made available pseudonymised by the responsible party and the responsible party guarantees that the commissioned group company cannot de-pseudonymise this data, or
  • the data is stored anonymously by the responsible body and the data stored in this way is no longer subject to data protection regulations.

Transfer to third countries

The companies of the Viessmann Group process/transmit the data provided by you in/at locations in Germany, the European Union and third countries (including the USA) which have an appropriate level of data protection in accordance with Article 45 of the GDPR or offer suitable guarantees in accordance with Article 46 of the GDPR.

Scope of the data protection statement

The following statement gives you an overview of how we guarantee data protection, what kind of data is collected and processed for what purpose and on what legal basis. It applies in principle to all websites and apps for which Viessmann is responsible. If Viessmann websites and apps deviate from these principles of data processing or supplement them with their own, this will be indicated in a suitable manner on the corresponding websites or in the apps.


I. Personal Data

In this Privacy Statement, 'personal data' means any and all such data relating directly or indirectly to a living individual, from which it is possible and practice to ascertain the identity of the individual from such data, in a form which access to or processing of the data is practicable, as defined in the Ordinance.

Collection of Personal Data

Viessmann collects and stores personal data that you submit on or through the Website, our apps, services and/or other channels. We also automatically collect and store information in server log files which your browser automatically transmits to us and we do not merge these data with other sources. The provision of any personal data by you or on your behalf to Viessmann shall be voluntary. The types of personal data Viessmann collects from you may include (without limitation) the following:

  1. personal data and sensitive personal information (i.e. your name, gender, date of birth, address, telephone number, fax number, email address, education, profession, business name, purchasing history, serial number of your Viessmann product, nationality, passport, payment information, or other personal identifiable details etc.);
  2. login username and password details for registering an account with Viessmann; and
  3. your enquiries, comments and/or responses that you enter into data fields on the Website, our apps and/or surveys that Viessmann may circulate or host on the Website and/or our apps from time to time.

Where you provide sensitive personal data to Viessmann voluntarily, it is assumed that Viessmann has your explicit consent to use such data in connection with the purposes which it has been provided.

Viessmann does not guarantee the transmission of personal data over the internet and you are urged to exercise caution when submitting your personal data to Viessmann on or through the Website, our apps, services, email or otherwise. Where appropriate, you may send sensitive personal data to Viessmann by pre-paid post.

Use of Personal Data

You agree that personal data you provide to Viessmann and all information relating to the use of the Website, our apps and/or services may be retained and used by Viessmann for the following purposes, without limitation:

  1. verification of identity;
  2. general operation, maintenance and management of the Website, our apps and/or services;
  3. evaluation of system security, system stability, connectivity and user dynamics of the Website, our apps and/or services;
  4. administrative activities and management of your account with Viessmann;
  5. processing and carrying out transactions and services for you;
  6. analyzing navigation and behavior of users and considering design and improvement of the existing Website, our apps and/or services;
  7. handling complaints, enquiries and consultation requests;
  8. statistical, marketing, business development or other similar purposes;
  9. communication with you; and
  10. compliance with laws, rules, regulations and/or code of practice.

If you have agreed to this Privacy Policy Statement and have given us your telephone number when making a consultation request, we will contact you by telephone before forwarding your consultation request to our partner company in order to check the accuracy of your information, to discuss your project and to be able to refer you to the appropriate specialist company. 

If you have agreed to this Privacy Policy Statement and have provided us with your e-mail address when making a consultation request, we will inform you by e-mail about the current status of your consultation request via our service. Among other things, we will send you a message with the contact details of the referred specialist partner and, after your consultation, an opportunity to evaluate this specialist company. If you do not provide your e-mail address when you request special advice, we cannot provide you with a specialist advice service. 

With your consent, we will forward the personal data you have entered to external specialist companies who cooperate with our company as partners and who are active in your region, in order to provide the service of providing specialist advice and/or the purchase, maintenance or repair of a heating system or other products from the Viessmann product range. Our specialist partner will be asked to contact you within a reasonable time frame in order to be able to provide the specialist advice and/or quotation you have requested. For this purpose, you agree that the specialist company may contact you by e-mail or telephone.

You understand and acknowledge that certain personal data are required for use of the Website, our apps and/or services. If you fail to supply such personal data as required, Viessmann may not be able to provide such services to you and your use and/or access of the Website, our apps and/or services may be restricted.

All personal data provided by you will only be used for the specific purposes for which it was provided or for directly related purposes unless we obtain your prior written consent. Your personal data will be accessed by the authorized employees of Viessmann, by certain designated companies associated with Viessmann and by authorized agents, contractors or third parties with whom Viessmann contracts with to carry out business and administrative activities for Viessmann. All such persons entitled to access and use your personal data will be required to keep your personal data confidential and only use them to perform the specific functions for Viessmann, Your personal data may be transferred, stored and processed in the Hong Kong Special Administrative Region or any other jurisdictions where Viessmann considers appropriate or there a third party contractor provides services to Viessmann.

Advertising Activities and Direct Marketing

Viessmann may further use your personal data for advertising and marketing purposes including but not limited to sending you promotional materials (by way of email, post or other forms of telecommunications) and carrying out direct marketing in relation to our products and services. For the purpose of direct marketing, Viessmann may provide your personal data to various direct marketing agents.

Notwithstanding the foregoing, Viessmann will obtain your written consent (opt-in) before using or providing your personal data for the purposes as set out in this section. You may withdraw and/or revoke any such consent at any time by written notice to Viessmann and Viessmann shall cease to use or provide your personal data for direct marketing purposes.

Disclosure of Personal Data

Viessmann may share and/or disclose your personal data to Viessmann Group companies, affiliates, suppliers, service partners and financial institutions (within or outside of the Hong Kong Special Administrative Region including jurisdictions with substantially similar level of personal data protection laws as the Ordinance) for the performance and compliance obligations of any contracts entered with them or you. Viessmann may also disclose or transfer your personal data to third party service providers, agents, contractors, advisers, website analytics service providers and data processors (within or outside the Hong Kong Special Administrative Region) who provides technical, administrative, telecommunication, legal, accounting or other services to Viessmann in connection with our business operations and for the purposes as set out in this Privacy Statement. Viessmann will adopt contractual or other means to ensure protection of the personal data as may be disclosed and/or transferred to such third parties. Where your personal data is to be transferred outside of the Hong Kong Special Administrative Region where there may not be in place personal data protection laws which are substantially similar to the Ordinance, we will obtain your prior written consent before such transfer or require such recipient to become a signatory to this agreement or another written data transfer agreement which imposes the same obligations on it as are imposed herein.

Viessmann may, as a result of a sale, merger, change in control, transfer of assets, reorganization or liquidation, transfer, sell or assign your personal data to third parties involved in such transaction. Viessmann may also disclose your personal data when required by relevant laws or by order of the court or as requested by law enforcement authorities to assist with proceedings or investigations. 

If the data is transferred to the United States of America, there is a risk that your data can be processed by their authorities, for control and surveillance measures, possibly without legal remedies.

Accuracy of Personal Data

Viessmann will take reasonable steps to ensure that personal data is accurate having regard to the purposes for which the personal data is provided or to be used. Where there are reasonable grounds for believing that personal data is inaccurate, Viessmann shall take all reasonable steps to ensure that the data is not used for that purposes unless and until those grounds cease to be applicable to the data, whether by rectification of the data or otherwise. Where it is practicable in all the circumstances of the case to know that personal data disclosed to a third party is materially inaccurate having regard to the purposes for which the data is provided or to be used by the party and the data is inaccurate at the time of such disclosure, Viessmann will take reasonable steps to ensure that the third party is informed that the data is inaccurate and is provided with such particulars as will enable the third party to rectify the data having regard to those purposes.

Notwithstanding the foregoing, Viessmann does not assume responsibility for confirming the ongoing accuracy of your personal data. If any of your personal data that we retain is inaccurate, you may request correction of the data as described herein.

Retention

Unless you request Viessmann to dispose of all personal data provided by you, you acknowledge and agree that Viessmann may retain all such personal data and continue to deliver to you marketing information as appropriate. You further acknowledge and agree that your personal data may be stored in and/or at a place outside of the Hong Kong Special Administrative Region as Viessmann considers appropriate.

Please rest assured that Viessmann will ensure that your personal data is not kept longer than is necessary to fulfill the purposes for which the data is provided after which it will be destroyed. If Viessmann engages a data processor, whether within or outside the Hong Kong Special Administrative Region, to process personal data on its behalf, Viessmann shall adopt contractual or other means to prevent any personal data transferred to the data processor from being kept longer than is necessary for processing the data.

Security

Viessmann undertake to use its best endeavours to ensure the security and confidentiality of the personal data collected. Viessmann will take all practicable steps and maintain physical, technical and procedural safeguards to protect all personal data against unauthorized or accidental access, processing, erasure, loss or use. Viessmann will limit access to your personal data to those employees, agents, contractors and other third parties strictly on a need-to-know basis and they will only process your personal data on our instructions and subject to a duty of confidentiality.

Notwithstanding the foregoing, you acknowledge that there may be certain security, corruption, transmission error and other risks associated with using open networks such as the internet and electronic communications. Viessmann cannot guarantee the security or confidentiality of any material or communication transmitted via such open networks and you hereby agree to assume all such risks. You further agree to be responsible for the data security of the systems used to access the Website, our apps and/or services.


II. Use of Cookies

In order to improve the functionality and efficiency of the Website, our apps and/or services, various technical information (including but not limited to your browser type, access time, internet protocol (IP) address (as defined below), host name of the accessing device, internet service provider, operating system, click-stream data, referrer URL, language and your general customization and preferences etc.) may be collected through the use of cookies and similar technologies. Viessmann may use session specific cookies and analytic software (such as Web Trends, Google Analytics, Google Tag Manager (Firebase), Google Adwords, Google Remarketing, Conversion Tracking, Third-Party-Cookies, Re-Targeting Technologies, AT Internet, Facebook Remarketing and/or Inspectlet) to automatically collect data about your usage of the Website, our apps and/or services. When implementing and using analytic tools and tracking technologies, we will endeavour to make personal data anonymous. Cookies are small electronic files that may be stored on your computer and web browser and track technical information about you. Typically, they automatically delete themselves after a specified time (lifetime ranging from about 14 days to 10 years). They do not cause any damage to your computer. The purpose of using cookies is to facilitate content display and webpage redirection. Third party cookies from partner companies may also be deployed on the Website and/or our apps and may be stored on your hard-drive when using the Website and/or our apps. These third party cookies will only contain pseudonymous and/or anonymous data and such data will never be combined with your personal data. The use of these technologies is intended to personalize display, enchance browsing experience and to make it possible to address our users to advertisements and/or materials which might be of actual interest to them based on cookie technologies and an analysis of previous user behavior.

‘IP address’ is the globally valid identification of your computer at the time of allocation by your internet provider and consists, in its currently most common form (IPv4), of four blocks of digits separated by dots. In most cases, as a private user, you will not use a constant IP address, as this is only temporarily assigned to you by your provider (so-called dynamic IP address). Whereas a permanently assigned IP address (so-called static IP address) is a clear assignment of user data via this feature is technically easy.

By using the Website and/or our apps, you consent to the use of cookies and thus the collection, storage and use of your user data. You may disable or delete cookies at any time on your web browser but by doing so some functions may not work and you may not be able to take full advantage of the Website, our apps and/or services. You may refer to your ‘Help’ menu of your particular browser to change your cookies settings.

Below you can see the longest potential duration for storage on a device, as set when using the cookie method of storage and if there are any other methods used.

Maximum age of cookie storage: 1 year


III. Your Rights

Pursuant to the Ordinance, you are entitled to:

  1. check whether Viessmann holds personal data about you (including but not limited to the origin of your data if not collected by us) and obtain copy of the requested data in an intelligible form;
  2. access your personal data with Viessmann;
  3. require Viessmann to correct any inaccurate data;
  4. request deletion of your personal data if Viessmann no longer have a lawful ground for use;
  5. object to sharing of your personal data;
  6. withdraw or revoke your consent if the processing is based on consent; and
  7. ascertain Viessmann’s policies and practices in regards to collecting, maintaining and processing of personal data.

If you wish to exercise any of the above rights, opt out of any promotional or marketing communications and/or raise any questions or complaints, please contact Viessmann in writing as follows:

Data Protection Officer of the Viessmann Group
Viessmannstraße 1
D-35108 Allendorf (Eder)
Phone: +49 6452 70-0
Fax: +49 6452 70-2780
E-Mail: datenschutz@viessmann.com

For data access request, you may use the general form as prescribed by the Privacy Commissioner which can be found at https://www.pcpd.org.hk/english/publications/files/Dforme.pdf.

In accordance with Article 7 paragraph 3 GDPR, you may revoke your consent to us at any time. As a result, we will no longer be allowed to continue processing data based on this consent in the future. You can revoke your consent via: widerruf@viessmann.com.

Viessmann reserves the right to charge a reasonable fee for processing a data access request and to refuse any unreasonable requests. If necessary, we may request further information to ascertain your identity upon receiving any data access request. If you are not satisfied with our responses to your complaints, you are entitled to lodge the complaints with the relevant regulatory authorities.

For the avoidance of doubt, your option not to receive promotional and marketing communications shall not preclude Viessmann from corresponding with you regarding your existing relationship with Viessmann.

Complaint to a regulatory authority pursuant to Article 77 GDPR

As a rule, you can contact the regulatory authority of your usual place of residence or our company headquarters.

Regulatory authority:

Der Hessische Datenschutzbeauftragte
Postfach 3163
D-65021 Wiesbaden
Phone: +49 611 1408-0
Fax: +49 611 1408-900
E-Mail: poststelle@datenschutz.hessen.de

Further information – Contact details

Your trust is important to us. Therefore, we are always available to answer your questions regarding the processing of your personal data. If you have questions which this data protection statement could not answer or if you would like more detailed information on any point, please contact us.

Contact details of the data protection officer:

Data Protection Officer of the Viessmann Group
Viessmannstraße 1
D-35108 Allendorf (Eder)
Phone: +49 6452 70-0
Fax: +49 6452 70-2780
E-Mail: datenschutz@viessmann.com

Third Party Websites

This Privacy Statement applies exclusively to the Website and our apps and do not extend to any third party websites.

The Website and our apps may contain links to external websites operated by third parties for your reference and convenience only. Viessmann has no control over the contents of these third party websites or their privacy policies. We urge you to carefully read and review the privacy policies applicable to these third party websites.

Confidentiality

Viessmann will exercise reasonable endeavours to ensure that the personal data provided by you will be kept confidential and be placed in a secure location. Your personal data will not be disclosed to any third party except when required by law or where you have provided your consent or where it is necessary for Viessmann.

Data Breach Notification

In the unlikely event of a personal data breach or a suspended breach, Viessmann will notify the applicable regulators and adhere to any laws and regulations which would require us to notify you of such breach. If notification is required, we will issue the requisite notification in a timely manner and which shall contain the relevant contents as may be required under the applicable laws and regulations.

Amendments to this Privacy Statement

Viessmann reserves the right to amend, vary, supplement and/or modify this Privacy Statement at any time and without prior notice. All changes to this Privacy Statement will be effectively upon posting on the Website and/or our apps.

Governing Law

This Privacy Statement is governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region. You hereby agree to submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

If you have any questions or require further information about this Privacy Statement, please do not hesitate to contact our Data Protection Officer at email: datenschutz@viessmann.com.