Privacy Policy
PIAG Website
This Privacy Policy (“Policy”) informs you on how the company of the Pierer Industrie AG Group that acts as controller (“Controller”, “we”, “us”, “our”) collects and processes personal data about you (“Personal Data”, “Data”) when you use and/or visit any digital property (“Digital Property”) including but not limited to our Apps (“App”) or one of our websites (“Website”), buy products, attend or participate in one of our events or participate in a promotion.
The Controller is the entity that is named in the imprint of the visited Digital Property respectively, if the use of the Digital Property requires a registration, the respective entity of the Pierer Industry Group which operates the respective Digital Property. We respect and protect the privacy of all our Digital Property users (and adhere strictly to the regulations under data protection law in the jurisdiction where you are located. Personal data will be collected only to the extent required. Under no circumstances will the personal data stored be sold.
2. Collected Data
2.1 Collected Data Account Registration
When you use the Digital Properties with your account, we will furthermore store in your account the Personal Data which the respective Controller collects according to this Policy. These Personal Data will be processed based on our legitimate interests and/or on the basis of legitimate interests of third parties (Art. 6 para. 1 lit. f GDPR). We have an interest in transmitting Personal Data within the Pierer Industry Group for internal administrative purposes. Your interest in confidentiality recedes.
2.2 Collected Data in relation with Websites in general
- Browsertype,
- Operating System,
- Country,
- Date,
- Time and duration of access,
- IP address and pages visited on our website including entry and exit pages,
These Personal Data will be processed based on our legitimate interests and/or on the basis of legitimate interests of third parties (Art. 6 para. 1 lit. f GDPR). We have an interest in processing this Data in order to be able to provide the Websites. Your interest in confidentiality recedes.
2.3 Collected Data in relation with the user account platform
You can provide non-mandatory data (gender, phone number, country, ZIP code, address, language, height, weight, weight equipment road, weight equipment offroad) when you request additional services in the user account platform. If you provide us with this non-mandatory data, we will use it to fulfill our contractual obligation to provide you with the additional services requested (Art. 6 para. 1 lit. b GDPR).
When using the user account platform, data is stored in anonymized form:
- Browsertype,
- Operating System,
- Country,
- Date,
- Time and duration of access,
- IP address and pages visited on our website including entry and exit pages,
- Data, that you enter via our contact form
2.4 Data Collection: App
Data provided by you will be processed by us for the purpose of contract fulfilment, for example for the implementation of a competition or other features of the App (cf. Art. 6 para. 1 lit. b GDPR), to process your enquiries, notify you of changes or improvements of products or services which could affect you or to fulfil other legal obligations (cf. Art. 6 para. 1 lit. c GDPR) and for the purpose of legitimate interests of our company or on the basis of legitimate interests of third parties (Art. 6 para. 1 lit. f GDPR). The App publisher has an interest in the technically error-free display and optimisation of its App. As part of the required balancing of interests, we have weighed up your interest in confidentiality against our interests in providing the App. Your interest in confidentiality recedes. Otherwise, we would not be able to provide you with the respective App.
This data is collected in case of unexpected behaviour:
- IP-address of the device (anonymised)
- Information about the device, such as: device ID, model and device type, name and version of the operating system, settings and language of the device
- Version and functionality of the App
- Crash stack traces
- Time of failure
- IP-address of the device (anonymised)
- Timestamp
- Motorcycle article ID
- Error code (on failed interaction),
- VIN
- User interaction with App
The collection of this data is based on Art. 6 para. 1 lit. f GDPR. We have an interest in the technically error-free display and optimisation of its App. As part of the required balancing of interests, we have weighed up your interest in confidentiality against our interests in providing the App. Your interest in confidentiality recedes. Otherwise, we would not be able to provide you with the respective App.
2.5 Collected Data: RIDER Feature
Non-mandatory data is not necessary for the use of the basic functionalities of the Rider. If you request additional RIDER functions, we will also process non-mandatory data. If you provide us with the non-mandatory data listed below, we will use it to fulfill our contractual obligations towards you, as the additional functions requested make it necessary to process the data (Art. 6 para. 1 lit. b GDPR).
The current functions of the RIDER are described below and, for example, on our websites.
Profile Information
- Profile picture
- Date
- Time
- Acceleration
- Run hours
- Speed
- Engine speed
- Throttle position
- Gear position
- Water temperature
- Atmospheric pressure
- Ignition timing
- Engine mapping
- Traction control mode
- Mapswitch mode
- Information about technical malfunctions of different sensors (crank sensor, fuel pump, rollover sensor, throttle position sensor, etc).
- Track setup data
- Pictures uploaded by you
- Motorcycle used for the ride
- Notes
In addition, we further process your data listed above for the purpose of legitimate interests of our company or on the basis of legitimate interests of third parties (Art 6 para 1 lit f GDPR), namely:
- for the purpose of asserting and defending any legal claims,
- to prevent cases of abuse and to block user accounts that violate the terms of use of the Apps and
- for anonymizing data collected in the App and any additional Feature in the App that you might be using so that this anonymized data can be used by us and third parties (e.g. other PIERER Industrie group companies, suppliers, research institutions) for statistical evaluations to better understand how customers use our motorcycles, market research purposes and the improvement of our products. Once the data is anonymised it is no longer considered personal data relating to you. As part of the required balancing of interests, we have weighed up your interest in confidentiality against our interests in providing the Rider Feature. Your interest in confidentiality recedes. Otherwise, we would not be able to provide you with the Rider Feature.
We process your location data, in particular your GPS position data, if you have given us your consent to do so, use location-based app services and have manually activated the recording function on your motorcycle or set the app's RIDER feature to record automatically. If you do not record your rides, we will not be able to track your location. You can deactivate location tracking at any time by not activating the manual recording function on your motorcycle or deactivating automatic recording in the RIDER feature of the app. We will then not track your location, but in this case the data analysis function of the app's RIDER feature will not work.
Data analysis and other functions
If offered by us, your data will be used to perform the following analyses and functions, among others:
Lap evaluation
The lap is analysed in terms of length, speed and driving behaviour. The analysed data is then displayed in various graphics. You will get information about the lap time, average speed, maximum and minimum speed, number of laps, lap distance, total distance driven, number of corners, average and sharpest corner, total duration, track segment, G-forces, engine speeds, throttle positions, gears, water temperature etc.
Jumping behaviour
In addition to the laps themselves, the jumps are also analysed. This means that, for example, the total air time, the jump distance and height, the speed the number of jumps and the longest jump can be displayed.
Recommendations
Based on the above analyses, the rider feature gives you recommendations to improve your lap times and riding style. The rider feature analyses your riding behaviour and shows which parts of the route were driven particularly efficiently and which were not. In addition, the rider feature gives you tips on how you can improve your speed, riding style, etc.
Targets
The App can set targets for you to be reached like motorcycle seat time in a particular time period and can give you different target statuses.
Comparison of lap times with other riders
Lap times can be compared with other riders (customers of LITPro [NZN Labs, Inc., 43200 Business Park Drive, STE 101, Temecula, CA, 92590, United States] and users of apps from the PIERER Industry Group) and displayed in rankings if you mark your laps as "public" in the app's privacy settings.
Heart rate data
We process your heart rate data in order to be able to display your heart rate and analyses based on it if you have given us your consent to do so (Art. 9 para. 1, 2 lit. a GDPR).
2.6 Processing of logs for error analysis and troubleshooting
- CUO-Sys-Log (Debug-Log-File)
- FIN
- Motorcycle type
- MAC address of the CUO and the cell phone (Bluetooth MAC address; WiFi MAC address)
- CUO logging data (BCL file)
- Vehicle data (sensors, actuators and engine data)
- Location data / GPS data
Furthermore, we occasionally read data from the connected products and process it for the purpose of analyzing and rectifying errors and improving the products. The following data may be read out and processed: Crash logs, modem data, statistics from the connected cell phones, VIN or motorcycle identification/ID
We process this data on the basis of legitimate interest, as our interest in the provision of error-free networked products, the early detection of technical errors and reasons of product liability, product monitoring and safety as well as ensuring the functionality of the networked products outweighs your interest in privacy (Art. 6 para. 1 lit. f GDPR).
2.7 Firmware updates
We process the following categories of personal data: Firmware and system status, modem settings and device ID.
We process the personal data in order to monitor product security and, if necessary, to install location-independent firmware updates (so-called over-the-air updates). This processing is carried out on the basis of our overriding legitimate interest and because the processing is necessary in order to be able to provide the digital services you use in compliance with the law (Art. 6 para. 1 lit. f. GDPR). We have weighed up your interest in the confidentiality of your personal data against our interests in product safety. Our legitimate interests prevail. Otherwise, we would not be able to guarantee or improve product safety.
2.8 Collection of weather data from other sources (information according to Art 14 GDPR)
We will collect the weather data below from that location on the day of your ride and link it to your track drives. We may receive data not directly from you but from the following sources:
data or data categories | Source | Publicly available | purpose |
Weather data | NZN Labs, Inc | Yes | Enrich your track data with weather data from the date and location of your ride |
2.9 Collected Data: Navigation Feature
- Basic free
- Basic for one-time payment
- Premium subscription
Basic versions (free and one-time-payment)
Bike Information
- VIN Number (mandatory)
- Geo location (mandatory)
- Mobile Device Unique Identifier (UUID)
Profile Information
- IP address of your mobile phone (mandatory)
- Geo location (mandatory)
2.10 Sharing of personal data with other users – real time route sharing
- Current location
- Computed time of arrival
- Remaining distance to the destination
- Textual representation of destination
We process your data for the fulfilment of our contractual obligations (Art 6 para 1 lit b GDPR), namely the fulfilment of the usage contract of this App. Not providing your data would have the consequence that we would not be able to fulfil our contractual obligations.
2.11 Collection of traffic data from other sources (information according to Art 14 GDPR)
Data or data categories | Source | Publicly available | purpose |
Traffic data | HERE Service | No | to inform you about the current traffic situation |
2.12 Collected Data: Mobility Feature
The following data will be collected, stored, analysed or otherwise processed as described below:
Profile Information
- Name / Surname (not mandatory)
- E-Mail address (not mandatory)
- Phone number (mandatory)
- Plate (not mandatory)
- VIN number or date of delivery of the motorcycle or date of the last service (in case the VIN cannot be found in the VIN Database and the motorcycle is not older than 14 days) (mandatory)
- Type (mandatory)
- Model (mandatory)
- Information about what happened (mandatory)
- Description of the incident (not mandatory)
- Geo location, (if you use the App, it will automatically be inserted in your request form but you can change your location if you want to) (mandatory)
- Comment on location (not mandatory)
In a roadside incident case, it is possible that you will need to provide further data to third parties like local breakdown services that is necessary for the processing of the request. This could include, for example data such as private address, nationality, gender, breakdown address, credit card or bank details, hotel booking information, data/place of birth, data concerning personal document (ID, passport etc.) which are necessary for the booking of hotels, the towing of your vehicle, your transport or other services you need. However, we do not receive and therefore do not process this data ourselves, which you may entrust to third parties or processors. However, this does not preclude processing by these third parties or processors on our behalf if they receive any of the aforementioned data from you. In special circumstances, this data may also be given to Pierer Industries AG. This could be, for example, if the costs for the corresponding service are particularly high or there are other complications in the processing.
Some data categories are mandatory in order to use the App and its feature as intended (see above), while others are not. We process mandatory data for the fulfilment of our contractual obligations (Art 6 para 1 lit b GDPR), namely the fulfilment of the usage contract for the use of the "Mobility Service" of the App, and as necessary for this service specifically requested by you. Not providing your data would have the consequence that we would not be able to fulfil our contractual obligations. We process the not mandatory data based on your consent (Art 6 para 1 lit a GDPR). Please see the information above on how to activate and deactivate the collection of non-mandatory data.
In addition, we further process your data listed above for the purpose of legitimate interests of our company or on the basis of legitimate interests of third parties (Art 6 para 1 lit f GDPR), namely:
- for the purpose of asserting and defending any legal claims,
- to prevent cases of abuse and to block user accounts that violate the terms of use of the Mobility Service of the App, and
- for anonymizing data collected in the KTM connect App and any additional Feature in the App that you might be using so that this anonymized data can be used by us and third parties (e.g. other PIERER Industrie group companies, suppliers, research institutions) for statistical evaluations to better understand how customers use our motorcycles, market research purposes and the improvement of our products. Once the data is anonymised it is no longer considered personal data relating to you.
2.13 Cookies
Our Digital Properties only use first party cookies, i.e. the cookies are set exclusively by us or by a service provider (processor) on our behalf and no cookies are set by third parties for their own purposes (third party cookies).The processing of personal data through the use of other cookies is based on consent in accordance with Art. 6 para 1 lit a GDPR. Consent can be revoked at any time for the future. If such cookies are used for analysis and optimization purposes, we will inform you separately in this privacy policy and obtain consent in accordance with Art. 6 para 1 lit a GDPR.
The processing of data through the use of strictly necessary cookies is based on a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR to provide our services in a technically flawless manner.
If you have given us your consent to do so, we also use the cookies listed to collect and process further data for the following purposes and to pass them on to third parties for the purposes mentioned. No other cookies are set by us or by third-party providers for this purpose.
- Measurement of website performance
- marketing
- Connection with social media
The processing of data for the purpose of connecting with social media includes the sharing of data with social media services so that you can share our content with your friends and networks. With this data, social media services are able to track your browser across other websites and build a profile of your interests. This may affect the content and messages you see on other websites. If you do not allow this processing, you may not be able to use or see these sharing tools.
We only pass on data to third parties in pseudonymised form, i.e. the recipients of the data cannot identify you. IP addresses are only passed on in truncated form.
The processing of personal data through the use of cookies for purposes other than those necessary for the provision of our services is based on consent in accordance with Art. 6 para. 1 lit. a GDPR. Consent can be revoked at any time with future effect. If data is processed for analysis and optimisation purposes using cookies, we will inform you separately in this privacy policy and obtain your consent in accordance with Art. 6 para. 1 lit. a GDPR.
You can change the settings of the cookies you have accepted at any time here:
2.14 Collected Data: Events / Consumer Activations
In general, the following Personal Data will be mandatorily collected:
- First and last name
- Language
- Street and Number
- Postal code
- City
- Country
- Date of birth
- E-mail address.
2.15 Collected Data: Purchase of Physical Products in a Web Shop
In general, the following Personal Data will be mandatorily collected:
- First and last name
- Language
- Street and Number
- Postal code
- City
- Country
- Date of birth
- E-mail address.
2.16 Collected Data: Marketing Communication
For the administration of the newsletter subscribers and the sending of the newsletter, the following data from you will be processed:
- Email address
- First and last name
- time of registration for the newsletter
- Country
- Language.
- Street and number
- Postal code
- City
- Date of birth.
- IP address (of the device on which the newsletter is read)
- preferences when reading the newsletter (click behaviour)
- blocking and marking as spam
- Time of opening the newsletter.
2.17 Personalized advertising on social media platforms
In order to be able to display personalized advertising, it may be necessary to pass on data to external partners, in particular social media platforms, some of which are located in third countries (see point 3 in this regard). Your personal data will only be transferred in accordance with your interest in confidentiality and European data protection regulations. We always remain responsible for your data. None of your data will be sold or passed on to third parties for their free use.
If you send us any requests (e.g. by contact form, email) the contact details that you provide there, will be stored by us for the purpose of processing the request and if any follow-up questions should arise.
This data is processed on the basis of Art 6 para 1 lit b GDPR, to the extent that your request is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art 6 para 1 lit f GDPR) or on your consent (Art 6 para 1 lit a GDPR), provided that this was requested. We will not pass on this data without your consent.
The App extends this data with additional information in the service ticket to better help with the request:
- App version
- Language
- Motorcycle
- Optional: attachments added by the user
- Usage logs
- User questions, requests or messages
- Email address
- Phone model.
2.18 Collected Data: Bike
The following data will be collected, stored, analysed or otherwise processed as described below:
Profile Information
- Name / Surname (not mandatory)
- E-Mail address (not mandatory)
- Phone number (mandatory)
- IP address (mandatory)
- Respective dealer (mandatory)
- Plate (not mandatory)
- VIN number or date of delivery of the motorcycle or date of the last service (in case the VIN cannot be found in the VIN Database and the motorcycle is not older than 14 days) (mandatory)
- Type (mandatory)
- Model (mandatory)
- Software / firmware version (mandatory)
- Progress details (e.g. update successful, update paused etc.; mandatory)
- Any information in case of an unsuccessful update (mandatory).
In addition, we further process your data listed above for the purpose of legitimate interests of our company or on the basis of legitimate interests of third parties (Art 6 para 1 lit f GDPR), namely:
- for improving our product and services and
- for providing maintenance support and offers.
In addition, we further process your data listed above for the purpose of complying with legal obligations (Art 6 para 1 lit c GDPR), namely:
- to monitor product and services and
- to handle recalls.
As part of the provision of our services, we may transfer personal data to other companies in accordance with your consent (Art. 6 para. 1 lit. a GDPR), to fulfill our contractual obligations (Art. 6 para. 1 lit. b GDPR), to fulfill legal obligations (Art. 6 para. 1 lit. c GDPR) or to protect our legitimate interests (Art. 6 para. 1 lit. f GDPR). We may also pass on personal data to other companies within and/or outside our group of companies as part of an order processing relationship, such as external service providers as part of the provision of our services. As part of an order processing relationship, we contractually oblige the service providers concerned to exercise the same care when processing personal data as we do ourselves.
In some cases, we may transfer personal data to recipients in third countries (see in each case the corresponding statement within our privacy statement). Third countries are countries outside the European Union (“EU”) and outside the European Economic Area (“EEA”). These third countries also include the USA.
In the USA, there is no comparable level of data protection compared to the data protection level within the EU or within the EEA. In particular, it is possible that government agencies might access personal data without us or you are becoming aware of this. Legal prosecution may not be promising.
The legal basis for such a data transfer is generally your consent (Article 49 (1) sentence 1 (a) GDPR) or a respective contract performance (Article 49 (1) sentence 1 (b) GDPR) or the adequacy decision of the EU Commission (Article 45 (1) GDPR) or the use of EU standard contractual clauses (Article 46 (2) (c) GDPR; “SCC”). You can access these SCC here:
We may also use another legal basis for a data transfer to a third country, in compliance with the requirements of the applicable data protection law.
We would like to inform you that no data processing within the meaning of Art 22 GDPR takes place. This means that we do not make decisions based solely on automated processing, including profiling, which produce legal effects concerning you or similarly significantly affect you; any decision with equivalent effect is made by a natural person.
We delete your personal data when no further storing is necessary with regard to the respective data processing purpose, and we do not need to comply with a statutory provision regarding the retention of certain personal data. If we cannot delete your personal data, we will restrict further processing of such personal data. Furthermore, the respective storage period also depends on the statutory limitation periods.
We take appropriate technical and organizational security measures to protect the personal data we process against accidental or intentional manipulation, loss, destruction or against unauthorized access.
We use technical and organizational measures to ensure the confidentiality of your personal data and to protect it against manipulation, loss and destruction. The storage and disclosure of personal data are subject to strict security procedures. We train our corresponding employees with regard to data protection law. Our employees only access personal data to the extent necessary.
7. Your rights
You may have the following rights in relation to your Personal Data, subject to applicable law and in certain circumstances. Please refer to section 9 if you are based in California or Australia.
7.1 Revocation of your consent to data processing
7.2 Right to object to data processing in specific cases and to direct advertising
7.3 Right to file a complaint with the competent supervisory authority
7.4 Information, erasure and rectification
Furthermore, you have the right to request the correction or completion of incorrect or incomplete data (Art 16 GDPR).
In addition, you can request the deletion of your data at any time (Art 17 DSGVO). Please note that we cannot comply with an erasure request if the processing (storage) is necessary for the fulfilment of a legal obligation (e.g. legal retention obligations) or if we are entitled to do so due to overriding interests (e.g. assertion or defense of certain legal claims).
7.5 Right to data portability
7.6 Right to restriction of processing
- If you contest the accuracy of your personal data stored with us, we usually need time to verify this. For the duration of the verification process, you have the right to request the restriction of the processing of your personal data.
- If the processing of your personal data is/has been unlawful, you may request that we restrict the processing instead of erasing the data.
- If we no longer need your personal data, but you do need it to exercise, defend or establish legal claims, you have the right to request the restriction of the processing of your personal data instead of erasing it.
- If you have lodged an objection under Art 21 para 1 GDPR, your interests must be weighed up against our interests. Until it has been established whose interests are overriding, you have the right to request the restriction of the processing of your personal data.
If you have any questions that are not answered by this Privacy Policy, or if you require more detailed information on a particular point, please feel free to contact us. You can find the contact data in the imprint section of the respective Digital Property, or, as otherwise provided by the provider of the website, as indicated in the Digital Property.
9. Special data protection regulations for specific countries
This App including its additional features is used in various countries. We would therefore like to draw your attention to the specific data protection regulations in the respective countries.
9.1 California
Personal Information We Collect
In the last 12 months, we have collected the following categories of personal information that identify you or your household:
- Identifiers, such as your name, IP address, email address, or phone number;
- Protected classification characteristics, such as gender;
- Commercial information, such as records of personal property, products or services purchased, or other purchasing or consumption histories or tendencies;
- Biometric information, such as your physical characteristics;
- Internet/network information, such as information about your interaction with the App;
- Geolocation data, such as information about your physical location or movements; and
- Audio, electronic, visual, thermal, olfactory, or similar information, such as profile pictures.
We use the personal information collected for the business purposes described in section 3 (“Data collection and data processing in this App”) above.
In the last 12 months, we have disclosed the following categories of personal information to our affiliates and business partners for a business purpose:
- Identifiers
- Protected classification characteristics
- Internet/network information
- Geolocation data
- Audio, electronic, visual, thermal, olfactory, or similar information
Your California Privacy Rights
- Right to access personal information. You may be entitled to receive the specific pieces of your personal information we have about you.
- Right to disclosure. You may be entitled to certain information related to personal information about you, such as the categories of personal information we collected, the sources from which we collected personal information, the purposes for which we collected personal information, and the categories of personal information that we disclosed for a business purpose in the 12 months preceding your request.
- Right to deletion. You may be entitled to request that we delete the personal information that we have collected from you.
- Right to non-discrimination. You have the right to not to receive discriminatory treatment for exercising these rights.
We will need to verify your request to exercise your California Privacy Rights. We generally are able to verify such requests by matching the information you provide with information we have collected about you. However, you may be asked to provide additional personal information for verification purposes. We may be unable to fully process your rights if we are unable to verify your request to a reasonable or reasonably high degree of certainty.
You are permitted to use an authorised agent to submit requests on your behalf if we can verify the authorised agent’s authority to act on your behalf (such as pursuant to a power of attorney valid under the laws of California or if you have separately verified your identity or the relevant authorisation with us).
9.2 Australia
As noted above, we share your personal data with a variety of third parties located in various jurisdictions such as in the European Union and United States of America. Under these circumstances, we will take reasonable steps to ensure any third parties will handle your personal data in accordance with the APPs.
Under the Privacy Act (APPs 12 and 13) you have the right to ask for access to personal data that we hold about you and request the correction your personal data. You can ask for access or correction of your personal data by contacting us (see point 5). We will endeavour to respond to your request within 30 days. We will ask you to verify your identity before we give you access to your information or correct it, and we will try to make the process as simple as possible. If we refuse to give you access to, or correct, your personal data, we must notify you in writing setting out the reasons.
If you have any queries or complaints about this Privacy Policy or consider there has been any breach of the APP, please contact us in writing (see section 7 above). If you are dissatisfied with the outcome of the complaint or the way in which the complaint was handled, then you may contact the Office of the Australian Information Commissioner (OAIC).