myhive App Data Protection Provisions and Terms of Use

Last Update: 18/05/2018

  1. General Items

IMMOFINANZ AG (FN 114425y), Wienerbergstraße 11, A-1100 Vienna (“we”/“us”/“our”), processes your personal data as part of the provision and operation of our mobile application („myhive“ / “app”). When doing this, we do attach great importance to the protection of personal data. The concept of “personal data” refers to all information which can be used to identify – directly or indirectly – a particular person, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. The purpose of these Data Protection Provisions and Terms of Use is to inform you about what we do with your personal data that you communicate to us when registering for and when using the app.

By accepting the Data Protection Provisions and Terms of Use when registering for the application you agree to the processing and transfer of your personal data in order to use “myhive” in accordance with these Data Protection Provisions and Terms of Use. Please make sure you read the following provisions carefully before you register for and start to use the app, and only use the app if you do agree to these Data Protection Provisions and Terms of Use. We may use all personal data for the performance of the contract on your use of the app and in accordance with these Data Protection Provisions and Terms of Use, when you register for the app and use the app.

The application is exclusively intended for use by employees/personnel, who must be 16 years or older, of companies in one of our locations, thus companies who are tenants in one of our properties for which the application is available (“user” / “employee”).

  1. Which personal data are processed and for which functions of “myhive”?
  1. Information that you provide to us during registration

Registration is mandatory; in order to be able to use the app, employees must register. When opening the app on your mobile device for the first time after installation, you can create a user account by filling in the registration form. The form requires you to provide your first and last name, your e-mail address, and to choose a password. (Please note that registration is only possible using your work e-mail address, i.e. the email address provided to you by your employer.) You must keep your password confidential and you must not communicate it to other persons or allow them to use your account in your name. Neither are you allowed to use the user account or password of other persons. If you suspect any unauthorized use of or access to your password or your user account, you must inform our service desk (e‑mail: myhiveapp@immofinanz.com, Tel: +43188090) immediately.

After you have entered and submitted your data via the registration form of the app, an e-mail containing a confirmation link will be sent to the e-mail address you provided; following this link will confirm the information you provided. In order to continue with the registration, you must accept the Data Protection Provisions and Terms of Use.

After successful registration you are required to select your employer and your location (“myhive location”). In case your company is based in more than one myhive location, you, as employee, can specify which company location (of the locations for which the app is available) you will be assigned to by default.

After the registration, as well as anytime subsequently, the you have always the opportunity to amend your profile.

  1. Usage Analysis of the App

In order to continuously improve the app and adapt it to your needs, we carry out a usage analysis of your usage of the app; for this analysis the following data will be processed:

  • which functions of the app you are using and how frequently you are using them
  • at what time you are using the app
  • how many persons have installed the app
  • how many persons have registered

Analysis of these data will provide us information about peak usage times based on time of day. It is not possible to deactivate this usage analysis.

  1. Location-based Adaptation of the App

In case your company is based in more than one myhive location, you can, when registering as a user, define your myhive location (“myhive location”). The “myhive location” can be changed at any time in the “Edit profile” menu, in case your company is based in more than one myhive location.

 

  1. Search Function

This function allows you to run a search in all app areas and app functions for information that could be of interest or relevance to you.

Please note that the direct messaging function and the forum are not covered by this search function, so that direct messages, forum posts or contributions will not be listed in the search results.

  1. Registration Information

After successful e-mail confirmation you can open and run the app and complete your profile (adding your photo, field of work, about text, web address: title of web address and URL). The e-mail confirmation, on the one hand, serves to verify if the e-mail address you provided is eligible for registration and, on the other hand, a confirmation of the e-mail address by the user (you) is required as part of the process.

  1. The function “Overview of the myhive Location” will be used to process the following information about the respective locations:
  • Address, picture, location size, map, description and special features of the location
  • Company names of the respective local businesses
  • Opening times of the businesses
  • Registered employees who work in these businesses and who enter their data themselves
  • The names of the respective employees responsible for the location (e.g. community manager)
  • Pages offering contact details, depending on which contact options have been shared by the employees, and
  • Tickets that have been created for this location
  1. The function “Company Overview” will be used to process
  • basic information about the companies who are tenants in the respective locations and
  1. The function “Overview of all Employees” will be used to process
  • all data shared by you
  • your affiliation with a certain company (which you cannot change yourself as a user), and
  • the “myhive Location” you specified.

The data shared in this way will be visible for all users of the app. By clicking the chat button (see section “Forum and Chat”) you can start a “1:1 Chat” with a specific user.

  1. System-based information provided: Language settings of your device
  1. Subscription to push messages for informational and promotion purposes

If you would like, you can subscribe to push messages. You can do this in your phone settings. Please note that a certain part of the information brought to you by this means will have promotion character. Push message can include information about:

  • General information about the building
  • News
  • Events
  • Communication, surveys
  • Promotion pushes

You can cancel your subscription to push messages at any time in your phone settings.

In addition to receiving messages within the app, you can also opt for receiving e-mail messages. In this case, please send an email to myhiveapp@immofinanz.com or contact your Community Manager. You can revoke your consent to receiving email messages at any time in writing by e-mail to myhiveapp@immofinanz.com. In addition, every message that we send you in the course of providing one of these services will include a technical possibility for revocation of consent.

 

  1. “News Items”

The app will inform you about news and current events (events, new companies, new restaurants, etc.) at the respective location.

There are four different categories of news items:

  • Event news: These are used to announce events. A click on the item will provide you with more information about the event.
  • News about new tenants/companies: A click on the news item will lead you directly to the website of the respective tenant/company (see section “Links to Third-Party Websites”).
  • Web news: A click on the news item will lead you directly to a website (see section “Links to Third-Party Websites”).
  • Longer news item: a website with text and images will open.
  1. Forum

The forum function allows you to create a new forum or participate in an already existing forum. Your posts can be read and commented on by other users. Before you can publish a post, you must select one of the predefined topic categories and the respective “myhive property”. By default, this will be the property of your “myhive location”. Posts can be read by all users assigned. It is not possible to create private forum posts or posts restricted to certain groups.

All published posts will be stored on our servers for a period of twelve months.

Users of the forum are requested to respect some basic principles which should ensure that the forum is used in a lawful and respectful way. In cases of non-compliance with these basic principles forum posts may be reported and deleted, and the author of such a post may be blocked. The following basic principles must be respected:

  • Respectful communication: Treat other forum users respectfully and avoid threats, insults, derogatory comments or statements that ridicule others.
  • Laws and Regulations: You are obliged to comply with the applicable laws and regulations. In particular, you must refrain from statements containing hate speech, slander, damage of business reputation or defamation.
  • Discrimination: It is prohibited to publish forum posts of a racist, sexist or otherwise contemptuous nature in which certain groups of people are insulted, condemned or denigrated in a generalising way.
  • Data Protection: It is prohibited to post personal data of third parties (e.g. name, telephone number, address or any information concerning their private lives).
  • Promotional content: It is allowed to post promotional or marketing contents only upon prior written approval by the relevant myhive Community Manager.
  1. Chat

The app has a chat area that allows you to start a direct chat with another registered employee. Chats can also be started via this person’s details page or via the functions “Overview of the Companies” and “Overview of all Employees”. The content of these chats will be stored on our servers for a period of twelve months. We reserve the possibility to block the chat function for certain users if there are good reasons to do so.

  1. Feedback / Survey / Rating

You have the possibility to rate, amongst others:

  • Events (where you have participated)
  • Infrastructure
  • Services

at various myhive locations, by awarding “stars” (using a 5-star system) and by adding a comment. Your rating will be visible to other users.

Occasionally, we might ask you to give your app and/or email feedback relating to certain aspects of your myhive location.

  1. Claims, Requests and Creation of a Ticket

Every user has the possibility to use the app to create tickets. Tickets are electronic requests which allow the handling of a variety of concerns such as “Claims”, “Leasing Requests” or also general requests regarding the usage of the app.

When creating a ticket via the central ticket function you are requested to complete the following details: a category needs to be chosen, a subject and description text need to be entered.

Other areas of the app can also include a function for creating tickets (e.g. “Overview of the myhive Location”).

After the ticket has been created we will confirm the receipt of the ticket and will duly process your request. You will be informed accordingly, once your request has been completed or resolved. You have the possibility to rate the quality of the resolution by awarding “stars” (using a 5-star system) and by adding a comment.

  1. Event Overview

Upcoming events will be presented to you in the form of a calendar overview or list in the app. This function can also be used across all participating cities. This means that you will be able to view events of other locations.

In the event overview you can indicate that you will attend a certain event. The overview function allows filtering, so you can restrict your overview to the events you will attend. Please note that information about your attendance will be visible to the organisers of the event and to other users of the app. By accepting or attending any meeting, event, happening or party which has been created, organized by or announced on “myhive” app, you agree to the collection, processing, transfer and publishing - as per these Data Protection Provisions and Terms of Use - of your image, as reflected in the audio/video materials (including photos) that might be taken during such meetings, events, happenings or parties.

Aside from the actual registration for an event you can also join the waiting list. If the event you would like to register for is already fully booked, you have the possibility to join the waiting list by clicking the relevant button. Furthermore, the app allows you to export an event date (as an .iCAL file), and to import it into another calendar application.

  1. Infrastructure of a “myhive property”

We are using this function to inform you about the nearby infrastructure (e.g. restaurant, cinema, etc.) of each “myhive property”. This function displays the category, name of the company, address, phone number, opening times, a short description and a web link to the respective facility. The web link will be opened in an in-app browser (see section: Links to Third-Party Websites“).

  1. The “More” Area

There are menu items for navigation within the app. Four of these menu items are directly visible (all the time); all other menu items will be only visible after a click on the “More” button. You can find the following settings in this area:

  • Property
  • My Events
  • My Tickets
  • Change Password
  • Change Language
  1. How We Share Your Personal Data
  1. a) Other registered users of the app: We will only share personal data collected about you with other users within the scope of activities defined and set out in these Terms of Use (e.g. via the forum or via the event overview).
  1. b) The data collected via the app will be stored in a cloud system owned by Oracle Corporation (“Oracle”), who have contractually committed themselves to a secure processing of your data. Furthermore, Oracle Austria GmbH, Donau-City-Straße 7, 1220 Wien, is under the contractual obligation towards us, to use all data only for the purpose of providing their services to us, and not to pass them on to third parties, unless such third parties are involved by Oracle in the provision of these services (sub-providers). Sub-providers of Oracle, but also other companies of the Oracle group (for a list of these companies, see https://www.oracle.com/corporate/oracle-affiliates.html) who are entrusted with data management, can be based in countries where data protection levels are lower than in the European Union. In these cases it is contractually ensured that also in these countries the data will be subject to a data protection level similar to that of the European Union. By consenting to these Terms of Use and to this data protection information you consent to the transfer of your data collected in the course of your usage of the app to Oracle, to any companies of the Oracle group according to the list above, and to any sub-provider commissioned by Oracle.
  1. c) The app developer bitsfabrik GmbH, Schönbrunner Straße 131 / 2 / 3 – 1050 Wien, Austria: Within the scope of the programming work and services performed for us, our app developer has access to the data collected via the app. Please note that your personal data will remain stored with us and will not be transferred physically to third parties.
  1. d) Within the scope of the programming work and services the data management system provider Orchestra Networks GmbH („Orchestra“), Niddastraße 91, 60329 Frankfurt am Main, Germany has access to the data collected via the app. Orchestra is under the contractual obligation towards us, to use all data only for the purpose of providing their services to us, and not to pass them on to third parties, unless such third parties are involved by Orchestra in the provision of these services (sub-providers). Sub-providers of Orchestra, but also other companies of the Orchestra group that are entrusted with data management, can be based in countries where data protection levels are lower than in the European Union. In these cases it is contractually ensured that also in these countries the data will be subject to a data protection level similar to that of the European Union.
  1. e) Categories of recipients of the personal data:

Other companies of the IMMOFINANZ-Group and service provider in the myhive locations: We will only share personal data collected about you with other affiliates of IMMOFINANZ and with service providers within the scope of services defined and set out in there Terms of Use.

Except for the above mentioned data processors and recipients, we will, under no circumstances , share your personal data with your employer or with any another company based in one of the locations in which the app is available. If data collected via the app are provided to our tenants, it will be exclusively in an anonymised form, so that no inferences can be drawn to your person from this data.

  1. Updates to the Data Protection Provisions and Terms of Use

These Data Protection Provisions and Terms of Use may be subject to amendments and revisions. The section “Last Update” on the first page of this agreement informs you about the most recent changes and when these changes were made. The changes will be in effect from the date of their publication on the website. If such changes affect the way we process your data on the basis of your consent, will ask you for your renewed consent in this respect.

  1. Your Right of Revocation, Information, Correction, Deletion, Restriction and Data Transferability

We process your personal data on the basis of your prior agreement until you withdraw your consent granted for the processing of your personal data. In case of the use of unlawful or misleading personal data, or in case of any criminal offence committed by you, or in case of any attack against the system, we may delete your data immediately. However, in case of the suspicion of criminal offence or suspicion of civil law liability, we may also retain the data for the duration of the procedure to be conducted.

In order to claim your right of revocation of your consent, please send an e-mail to myhiveapp@immofinanz.com. After having received your revocation, we will not continue to process your personal data based on your previous consent.

 

Moreover, you are entitled to receive Information about which personal data about you we process, and you have the right of correction, deletion, restriction of data processing, and of data transferability. In order to make use of these rights, or to request additional information about these rights, please send an e-mail to myhiveapp@immofinanz.com.

 

If you believe that we are processing your data in breach of applicable legal provisions, you can file a complaint with the competent supervisory authority, in Austria this would be the Austrian Data Protection Authority.

Enquiries in accordance with the rights Revocation, Information, Correction, Deletion, Restriction and Data Transferability stipulated in Articles 15 to 22 of the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) will be responded to immediately, in any event, however, within a month of the receipt of the application. This period can be extended by a further two months if deemed necessary taking into account the complexity and the number of applications.

  1. Links to Third-Party Websites

These Data Protection Provisions and Terms of Use do not apply to websites or events of third parties that we link to or which you land on. Neither can we thus be made responsible for any form of data processing which may be carried out by the operators of these websites in these cases.

  1. Termination/Cancellation

We reserve the right to deactivate your user account or to prevent you from accessing parts or the entirety of the functions of the app or from accessing parts or the entirety of your user content if good reasons for such a step exist, in particular, in case of a violation of these Data Protection Provisions and Terms of Use. We accept no liability for losses or damage of any kind you may incur in connection with such an authorised termination of use. You acknowledge and agree that the provisions of this agreement, in particular its limitation of liability and applicable legal provisions, will continue to exist and be valid even after such a termination/cancellation. Please note that we will verify your data recorded by means of an e-mail sent to you once a year, to make sure your email address is still active. In case your email address is not active we reserve our right to delete your user account.

  1. Storage of Your User Content

We are not liable for and not obliged to compensation of a loss or damage resulting from an authorised deletion or non-storage of information, communications or other user content.

  1. Changes to, or Cessation of the Operation of the App

We make every effort to keep the services and functions of the app available. However, in the exceptional case that the operation of the app (or of parts of the functions of the app) is temporarily or permanently interrupted, changed or restricted, we do not assume liability for losses or damage resulting from such measures.

  1. Validity of the Agreement (Severability Clause)

If parts of these Data Protection Provisions and Terms of Use are or become unlawful, invalid, or unenforceable, the remaining provisions shall not be affected in regard to their validity and applicability.

  1. Applicable Law and Jurisdiction

These Data Protection Provisions and Terms of Use apply to any and all users of the app. This agreement is governed by Austrian law, and disputes or proceedings resulting thereof fall within the jurisdiction of the competent court in Austria.

  1. Contact Information

If you would like to enforce your claims and rights set out in these Data Protection Provisions and Terms of Use, or if you would like to request additional information, you can do that by using the following contact information:

IMMOFINANZ AG

Registered Office: Wienerbergstraße 11, 1100 Vienna

Commercial Court Vienna, Company Registry No. FN 114425y

E-mail: myhiveapp@immofinanz.com

VAT ID: ATU 37681807

 

We will make every effort to reply to all enquiries in a timely manner. We do ask for your understanding if, in exceptional circumstances, there are longer response times.

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