TERMS AND CONDITIONS OF USE
The European Data Protection Regulation no. 2016/679 (hereinafter "GDPR") requires that the party processing personal data informs the data subject (i.e. the person to whom the data refer) fairly, lawfully and transparently about certain elements qualifying the processing, protecting the confidentiality and rights of the data subject.
In accordance with Article 13 of the GDPR, we provide you with the following information in this document (hereinafter the "Information Notice").
This Disclosure applies to your personal data owned by Clivet S.p.A., collected when you use the "Clivet Home Connect" service related to Clivet-branded HID-TConnect thermostats (hereinafter "Connected Thermostat" or "Electronic Product"), related services and applications (including the "Clivet Home Connect" mobile App),
It should be noted that "Clivet Home Connect" is a system based on the management of data via Cloud that allows the Connected Thermostat to be always under control from smartphones and tablets through the App "Clivet Home Connect" (hereinafter "App"), both locally and remotely, interacting with the heating/cooling system in order to regulate the temperature of the rooms in which the Electronic Product is installed.
The system is available for Connected Thermostats and can be activated at any time and for the desired time, according to the modalities defined in the document "Terms and Conditions", available here.
Clivet Home Connect application - Terms and Conditions
Below are the Terms and Conditions of Use of the Clivet Home Connect application. This document is signed between:
Clivet Spa, Via Camp. Lonc. 25, 32032, Villapaiera, Feltre (BL).
The user, hereinafter referred to as "Customer".
Clivet and the user are referred to as the "Parties".
a) "Clivet Home Connect" or "App" means the Clivet Home Connect mobile application (available for Android and iOS systems) for managing the connected functionalities available on the Wi-Fi devices in the Clivet catalogue;
b) "Wi-Fi device" means the HID-TConnect Chronothermostat or other Wi-Fi enabled thermoregulation device developed and marketed by Clivet;
c) "Functionality" refers to the features and/or functions of the "Wi-Fi Device" that can be managed via the App, for a description of which reference must be made to the documentation relating to the product and the mobile application;
d) "Cloud" refers to the services offered on-demand by a provider to an end customer through the Internet (such as data storage, processing or transmission), starting from a set of pre-existing, configurable and remotely available resources.
e) "Service" refers to the data management service through the Cloud;
f) "User" and "Customer" means the person who intends to use the service and accepts its conditions, as indicated below; g) "Clivet" means Clivet S.p.A., the company that offers the Service to the Customer for the exchange of management and information flows between the Customer and Clivet through a dedicated control apparatus. "Clivet Parties" means Clivet's officers, directors, employees, agents, suppliers or licensees;
h) "Access" means the alphanumeric identification code held by the User and associated exclusively with the User for electronic identification purposes.
i) "Password" means the alphanumeric keyword associated with the specific login and known only to its owner
Considering that the Wi-Fi chronothermostat has been developed to allow the User to interact with the heating and/or cooling system, in order to program and adjust the temperature of the rooms in which the device is installed, both locally and remotely, and noting that the product is marketed by Clivet, the latter indicates the following.
The preamble, definitions and documents referred to in this document, together with any amendments and additions thereto, shall be deemed to be an integral and substantial part thereof.
These Terms and Conditions terminate and supersede all related legal relationships that may exist between the parties.
The object of the Present Conditions is the provision to the Signatory of the service for the control, via the App, of the connected functionalities available on the Wi-Fi Device and the remote management of the same by the Signatory.
3. CONNECTION - EQUIPMENT - ACCESS
In order to use the Service, the Customer must first obtain the technical equipment necessary to obtain access to the Internet, in relation to which Clivet has no role. In order to be able to use certain services provided by Clivet, in addition to the standard functions available on the Wi-Fi Device, the Customer must first install the Mobile Application on his smartphone.
3.2. Necessary equipment
The Customer will access and use the Service through their own devices, after they have been equipped with the necessary software to enable and manage the connections and applications required to connect to the Internet, making the necessary changes.
The services offered through the App imply that the interaction with the Wi-Fi Device can take place remotely, through the Internet network, or locally, through the home Wi-Fi network. In these cases, the proper functioning and integration between the Wi-Fi Device and the App may be affected by factors such as:
(a) Wi-Fi signal quality and bandwidth
b) type of home internet access contract
c) type of smartphone data contract
Clivet cannot be held liable for any malfunctions when one of these three elements does not meet the requirements specified for the operation of the product.
The service provided remotely by Clivet through the Clivet Home Connect application involves the use of data. The relevant cost depends on the type of contract in place between the Customer and the ISP (Internet Service Provider) and shall be borne by the Customer.
3.3. Access to Clivet Home Connect
Access to the App can only be carried out using personal login and password (access credentials).
Users must pay the utmost attention to the protection of their access credentials.
Access credentials are strictly personal and may not be disclosed or communicated to third parties. The User shall be responsible for the protection of his access credentials and their proper use and shall be held liable for any misuse of the same against Clivet or any claim against Clivet made by third parties.
If the User becomes aware of any improper use of his access credentials, due, for example, to theft of the same by third parties, the User must immediately inform Clivet by a suitable means capable of providing confirmation of receipt. Clivet undertakes to promptly block the service without delay. In the period between receipt of the information and the actual blocking, the liability for any improper use remains with the user.
4. PROVISION AND SUSPENSION OF THE SERVICE
4.1. Service activation
The Clivet Home Connect service based on the use of the app must be activated after the user has registered and performed the first installation as required by the app.
4.2. First access and password
After acceptance, the User may access the Service.
4.3. Firmware and application updates
The Wi-Fi Device has an automatic software update system.
The Clivet Home Connect App may undergo updates through the channels used by the company in order to guarantee use of the service in the best possible way.
Clivet informs the customer that this operation implies a momentary interruption of the service.
Clivet disclaims all liability for interruption of the Service during the updating of the Device or App software or for any malfunctions related to the user's failure to update the same.
4.4. Temporary interruption of the Service
Clivet reserves the right to suspend or interrupt the Service without notice, in the event of unforeseeable circumstances, force majeure (including, by way of example: interruption of telematic connections and/or of the electricity supply) or for events of a technical nature. Clivet cannot in any case be held liable for any inconvenience or direct or indirect damage related to the temporary interruption of the Service.
4.5. Changes to technical specifications
In order to guarantee the efficiency and security of the Service, Clivet reserves the right to make any and all changes to the technical specifications that may be required, without prior notice, doing its best to protect the continuous operation of the Service.
In order to provide the best possible service and identify and correct any anomalies, it is possible that anonymous information may be transmitted automatically via mobile applications to allow the problem to be analysed. In the event of a malfunction suffered by the User, the App allows the User to send the information necessary to analyse the problem.
The information transmitted includes: operating system version, smartphone model, the function that generated the error and other technical information.
5. EXCLUSION OF LIABILITY
In view of the technical characteristics of the Internet - which is used for the provision of the Service - the Customer declares that he/she is fully aware of and accepts the risks associated with or resulting from the provision and transmission of data via the Internet.
5.2. Content disclaimer and warranty of service
Clivet and their respective officers, directors, employees, agents, suppliers or licensors make no warranties or representations of any kind, express or implied, with respect to the content and services, including, without limitation, any warranties as to the operation and accuracy, reliability, completeness, timeliness or trustworthiness of such content and services. In addition, Clivet does not warrant that the Services will operate error-free, that they will be uninterrupted or available at any time or from any specific location, or that the services, server or content will be free of viruses, similar contamination or destructive features.
If maintenance or replacement of equipment or data or unforeseen suspensions of the Service are required to use the services or content, the related costs shall not be borne by Clivet. The services and contents are provided "as is" and "as available", without warranties of any kind, express or implied. Clivet makes no warranties, including, without limitation, warranties of title, merchantability, non-infringement of third party rights and fitness for a particular purpose.
5.3. Services provided
Clivet shall in no event be liable for any indirect, incidental, punitive or consequential damages of any nature whatsoever (including, without limitation, any loss of profits, data or business interruption) arising out of or in connection with the use of or inability to use the services and their contents, whether such damages are based on warranty, contract, tort (including negligence) or any other legal basis, even if Clivet has been advised of the possibility of such damages occurring. Clivet shall not be liable for the truthfulness, accuracy or completeness of the content, services or any other information provided to the user, nor for any errors, inaccuracies, omissions, delays, interruptions of data or information flows, whatever the cause. The user agrees to use the services and their contents at his or her own risk.
6. INDEMNIFICATION BY CLIVET
Upon Clivet's simple request, you agree to defend, indemnify and hold Clivet harmless from any and all consequences resulting from losses, liabilities, damages and costs, including, without limitation, any legal and accounting fees arising out of or relating to claims, suits or demands attributable to:
(a) use or misuse of the Services (including any user generated content);
b) violation of these Terms and Conditions;
(c) any infringement of intellectual property or other third party rights, or of any applicable law in relation to your use of the Services.
Clivet will inform you of any claims, suits or proceedings.
Clivet also reserves the right to assume the exclusive defense and control of any matter subject to indemnification under this section. In such case, you agree to cooperate in contributing to Clivet's defense of such matter.
7. PRICING AND TAXES
The right to use the App is granted free of charge with each purchase of Wi-Fi Device whose operation is linked to Clivet Home Connect.
Any tax, charge or contribution to be paid in connection with this or the commissions or services that are the subject matter hereof, including in the future, shall be borne exclusively by the Customer.
8. TERMINATION OF SERVICE
This Agreement shall come into force on the date of execution and shall remain in force until 31 December 2021 and shall be automatically renewed from year to year, unless Clivet gives notice of termination of the service.
If there are any changes to this Agreement, a new subscription by the User will be required.
8.2. Termination of use of the Service
These Terms and Conditions shall remain in force until the date of termination of the Agreement or until terminated by the User or Clivet as described below.
Any Customer, if applicable, in his capacity as a consumer shall be entitled to terminate the use of the service hereunder, without charge and without the need to provide any explanation, by written notice to Clivet SpA, Via Camp. Lonc. 25, 32032, Villapaiera, Feltre (BL) or by email to legal@Clivet.it. Clivet will proceed to close the accounts relating to the Services used by the user, respecting the necessary technical times.
Clivet may terminate the service to the User at any time, especially in the event that:
a) You have breached any provision of these Terms and Conditions (or have acted in a way that clearly demonstrates that you do not intend or are not in a position to comply with the provisions hereof)
(b) Clivet is required to do so by law (for example, where the provision of the Services to you is or becomes unlawful);
c) the relationship between Clivet and the Partner with whom Clivet offered the Services has terminated, or the Partner has decided to stop providing the Services, independently of Clivet's will;
d) Clivet plans to no longer offer the Services in the country in which you reside or from which you use the Services, for example in the event that Clivet believes, in its sole judgment, that a service is no longer commercially viable.
You acknowledge and agree that some of your generated content, such as that displayed outside of your profile, anywhere on the Site or on any social networking platform, may continue to be visible on the Site or on other social networking platforms, even after your generated content has been removed from the Site or your account has been closed.
9. ASSIGNMENT OF THE USE OR LEGAL RELATIONS CONNECTED WITH THE SERVICE
The Customer may not assign or transfer the use of the services offered by Clivet hereunder and/or any of the rights and/or obligations arising therefrom to any third party without the prior written consent of Clivet.
Clivet shall be entitled to assign in whole or in part the services offered by it and/or any of the rights and/or obligations arising therefrom and the Customer hereby agrees to such assignment.
Tolerance by either party of any conduct by the other party in breach of any of the provisions of this Clivet services document shall not be construed as a waiver of its rights under the provisions in question.
The use of the Service is subject to the user's registration to the App and the execution of the first installation of the Connected Thermostat, as required by the App. Access to the App can be made exclusively by means of personal login and password (access credentials).
9.1. Applicable law
These Terms shall be governed by the laws of Italy. Any dispute arising from these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Court of Vicenza (Italy) or the Court of the Consumer. The parties, must first and obligatorily promote and initiate the mediation procedure pursuant to Legislative Decree 28/2010 and subsequent amendments.
Should any provision of these Terms and Conditions be deemed invalid, this shall not affect the validity of the remaining provisions, which shall remain fully valid and effective.
Failure by Clivet to enforce any provision of these Terms and Conditions shall not be construed as a waiver of such provision or any other provision of these Terms and Conditions.
Except as may be expressly agreed between Clivet and the User on an individual basis, this document sets forth the entire discipline between Clivet and the User with respect to the subject matter hereof and supersedes or supplements all prior agreements, oral or written, between the parties Clivet and User with respect to the subject matter hereof.
For more information about Clivet and our products and services, please visit Clivet's website, www.clivet.com.
1. GENERAL PRINCIPLES
We undertake to comply with the provisions of the GDPR and all other applicable laws and/or regulations, as well as all applicable European Union acts in accordance with the data protection rules applicable in the specific country in which our services are provided. The principles we follow in order to comply with your data protection requirements are as follows:
principle of lawfulness, fairness and transparency, which means that personal data concerning you are processed in a lawful, fair and transparent manner;
principle of purpose limitation, which means that personal data are collected for specified, explicit and legitimate purposes and are not further processed in a way incompatible with those purposes;
principle of data minimisation, which means that personal data must be adequate, appropriate and necessary in relation to the purposes for which they are processed;
the principle of accuracy, which means that personal data must be accurate and, where necessary, kept up to date; all reasonable steps must be taken to ensure that personal data that are not accurate in relation to the purposes for which they are processed are erased or rectified immediately
the principle of retention period limitation, which means that personal data are kept in such a way that you cannot be identified for longer than the purposes for which the data are processed
the principle of integrity and confidentiality, which means that personal data are processed using appropriate technical or organisational measures to ensure the security of personal data, including protection against unauthorised processing or treatment and against accidental loss, destruction or damage.
Your personal data is considered confidential information and may only be disclosed to third parties in accordance with this Policy and applicable law.
2. DATA CONTROLLER AND DATA PROTECTION OFFICER (DPO)
Clivet S.p.A. (hereinafter "Clivet") is one of the leading manufacturers and distributors of innovative systems for air conditioning, refrigeration, drying, heating and services with registered office in Via Camp Lonc, n. 25 - 32032 Z.I. Villapaiera, Feltre (Belluno), Italy.
We inform you that Clivet SpA has appointed a Personal Data Protection Manager, who can be contacted by sending an e-mail to the following address: email@example.com.
3. INFORMATION WE COLLECT
We collect the following data through the Service:
(a) User Account Information.
When you connect the Electronic Product to Clivet (through the App) you will be asked to create a user account. The information you enter in the account may include personal data (in particular your e-mail address). Mandatory fields are explicitly marked with an asterisk.
4. HOW WE USE THE INFORMATION WE COLLECT
We process the personal data we collect through the Service for the following purposes, in accordance with the following legal basis:
(a) To provide the Service
To provide the Service (configure the thermostat and connect remotely) we process the data described in section 3 above.
For this purpose, the data processing is based on the provisions of Article 6.1(B) GDPR, according to which the processing is necessary for the performance of a contract to which you are a party.
We would like to inform you that in cases where we process your data in pursuit of our legitimate interests, this means that we have previously balanced these interests against your interest in confidentiality, in accordance with Article 6.1(F) GDPR. Our legitimate interests may include, for example, security and safety purposes or the need to provide a better Service to our customers. We take measures to safeguard your interest in confidentiality and to prevent unjustified harm. We also inform you that if we process your data for our own legitimate interests, you have the right to object to the processing at any time, on grounds relating to your specific situation, in accordance with the GDPR (see also section 11 below). If you object, we may not be able to provide the Service correctly.
5. RECIPIENTS OR CATEGORIES OF RECIPIENTS OF PERSONAL DATA
The data collected through the Service is not disseminated. The data may be communicated within Clivet S.p.A and will be known and processed only by authorised personnel (e.g. employees of Clivet S.p.A.) or, outside Clivet S.p.A., only by data processors or sub-processors appointed pursuant to art. 28 GDPR (e.g. softwarehouse; cloud or server providers etc.).
6. DATA TRANSFER
Please note that the data collected through the Service will be transferred, by the specially appointed data processor, to Frankfurt on its own cloud servers, as well as to Google's server farms. Where the data are transferred by the latter to servers located in third countries outside the European Union, Clivet ensures that such transfer will take place in compliance with the guarantees provided by the GDPR and therefore to countries that the European Commission has deemed able to guarantee an adequate level of protection (pursuant to art. 45 GDPR) or following the signing of standard contractual clauses approved by the European Commission. Any exceptions to the above may only take place in compliance with Article 49 GDPR.
7. MANDATORY OR OPTIONAL NATURE OF PROVIDING DATA
The provision of personal data is optional. However, your refusal to provide us with all or part of your data will make it impossible for us to provide the Service.
8. METHODS OF PROCESSING
The personal data collected by us are processed exclusively by our Manager authorised to do so, using electronic instruments, in such a way as to guarantee the security and confidentiality of the data, in particular by means of anonymisation techniques. Please note that the processing of the data referred to in this Policy does not involve any automated decision-making process.
9. DATA RETENTION
We retain configuration, usage and technical data for the time strictly necessary to fulfil the purposes for which they are collected.
If you ask us to delete your account, it will be deactivated. From that moment on, you will no longer be able to remotely control the Electronic Product. However, the information collected through the Service may continue to be processed to verify the operation of the Electronic Product and the possible presence of bugs.
Please note that some technical information is stored directly in the Electronic Product, tablet or smartphone. You can delete this information by resetting the Electronic Product to its default settings or by deleting the App on your device(s).
Please note that data may be processed for periods of time other than those indicated above where this is necessary to comply with legal obligations or to resolve disputes involving us.
10. DATA SECURITY
We will ensure that your personal data is adequately protected by appropriate technical and organisational measures so that it is protected against unauthorised or unlawful use, alteration, unauthorised access or disclosure, accidental or unlawful destruction or loss.
11. YOUR RIGHTS
You may exercise your rights under the GDPR at any time. In particular, by sending:
a registered letter (for the attention of the privacy contact) to Via Camp Lonc, n. 25 - 32032 Z.I. Villapaiera, Feltre (Belluno), Italy;
or an e-mail to firstname.lastname@example.org
may exercise the following rights:
Right of access
You may ask us whether or not we process your personal data and, if so, obtain access to such data in the form of a copy. When we comply with a request for access, we will also provide you with additional information, such as the purposes of the processing, the categories of personal data concerned, as well as any other information necessary for the exercise of the right in question.
Right of rectification
You have the right to have your data corrected if it is inaccurate or incomplete. Upon request, we will correct your inaccurate personal data and, taking into account the purposes of the processing, complete the incomplete personal data.
Right of deletion
You also have the right to have your personal data deleted. The erasure of your personal data is only possible in certain cases, prescribed by law and listed in Article 17 of the GDPR. This includes situations where your personal data is no longer necessary in relation to the initial purposes for which it was processed, as well as situations where it has been processed unlawfully. Due to the way we deliver some services, it may take time for backup copies to be deleted.
Right to restriction of processing
You have the right to obtain the restriction of the processing of your personal data, which means that we can suspend the processing of your data for a certain period of time. Circumstances that may give rise to this right (Art. 18 GDPR) include situations where the accuracy of your personal data has been disputed, but we may need time to verify its (in)accuracy. This right does not prevent us from continuing to store your personal data. We will inform you before the restriction is lifted.
Right to object
You also have the right to object to the processing of your personal data, which means that you can ask us to stop processing your personal data. This right is only recognised in special circumstances (Article 21 GDPR) and, in particular, where the legal basis for the processing is the legitimate interest of the Controller or the data is processed for direct marketing purposes.
Right to data portability
Your right to data portability means that you can request us to provide you with your personal data in a structured, commonly used and machine-readable format, and you can also request the direct transmission of such data to another Data Controller, where this is technically feasible.
Right to withdraw consent
You have the right to withdraw your consent to the processing of your personal data, where consent is the legal basis for the processing. In any case, withdrawal of consent does not affect the lawfulness of the processing based on the consent given before its withdrawal.
Right to complain to the Supervisory Authority
You may also complain to the competent Data Protection Authority if you believe that your personal data are being processed in violation of your rights and legitimate interests under the applicable legislation. You may exercise this right in accordance with the complaints procedures established by each national supervisory authority, available at the following link: https://www.garanteprivacy.it/web/guest/home/footer/link
12. CHANGES AND UPDATES TO THIS POLICY
This Policy was last amended in January 2021. We may update this Policy from time to time. We will notify you of any changes by posting this revised document on our website or informing you by email or through the App before the changes become effective.
13. HOW TO CONTACT US
Please contact us if you have any questions or comments regarding this Policy or if you wish to exercise your rights, by e-mail at email@example.com or by sending a registered letter (for the attention of the Privacy Officer) to Via Camp Lonc, n. 25 - 32032 Z.I. Villapaiera, Feltre (Belluno), Italy.
You may contact the Clivet SpA Data Protection Officer by sending an e-mail to the following address: firstname.lastname@example.org.