Clivet S.p.A. – Clivet Eye
Dear Madame / Dear Sir,
the General Data Protection Regulation – (EU) no. 2016/679 (hereinafter “GDPR”) requires that the subject processing personal data informs the data subject (to whom the data refer) with fairness, lawfulness and transparency on certain elements that qualify the processing, protecting the privacy and rights of the individual concerned.
According to art. 13 of the GDPR, in this Privacy Statement (hereinafter “Policy”) we provide the following information.
This Policy applies to all your personal data that Clivet S.p.A. and Midea Group (hereinafter the “Joint controllers” or “we”) collect, use, share and store when you use our system “Clivet Eye” and related apps and services, our monitoring and assistance service, or when you contact us about these products and services.
1. GENERAL PRINCIPLES
We commit to comply with the provisions of GDPR and all of other laws and/or legal acts that are applicable, as well as all of the European Union acts that are applicable in accordance with the Personal data protection regulations that are applicable for the specific country in which our services are provided. The principles we follow to comply with the needs to protect your personal data are as follows:
- principle of legality, fairness and transparency which means that personal data with respect to you is processed in a lawful, honest and transparent way;
- purpose limitation principle which means that personal data is collected for specified, clearly defined and legitimate purposes and shall not be further processed in a way incompatible with those purposes;
- data reduction principle which means that personal data must be adequate, appropriate and only which is necessary for the purposes for which it is processed;
- accuracy principle which means that personal data must be accurate and, if necessary, updated; all reasonable steps must be taken to ensure that personal data which is not accurate in relation to the purposes for which it is processed shall be immediately erased or corrected;
- the principle of limitation of the length of the storage which means that personal data shall be kept in such a way that your identity can be determined for no longer than is necessary for the purposes for which personal data is processed;
- integrity and confidentiality principle which means that personal data shall be managed by applying appropriate technical or organizational measures in such a way as to ensure the proper security of personal data, including protection from unauthorized processing or processing of unauthorized data, and against accidental loss, destruction or damage.
Your personal data is considered as confidential information and may only be disclosed to the third parties in accordance with this Policy, our internal documents and the applicable legal acts.
2. DATA CONTROLLER
Clivet S.p.A. (hereinafter “Clivet”) is a leading manufacturer and distributor of innovative systems for air conditioning, refrigeration, drying, heating and services with registered offices in Via Camp Lonc, no. 25 – 32032 Z.I. Villapaiera, Feltre (Belluno), Italy.
Clivet has developed a system, named “Clivet Eye”, based on the Cloud monitoring that allows to have the Clivet unit always under control from PC, tablet and mobile phone, connecting to the dedicated website www.cliveteye.com or through the App “Clivet Eye”.
The system is available for any Clivet electronic product (hereinafter “Electronic Product” or “Appliance”) and can be activated at any time and for as long as desired, by installing a modem connected through a sim card or Ethernet cable. Clivet Eye allows the monitoring of the Electronic Product by qualified technical personnel and also the control and management of the unit remotely by the user. The system allows to prevent anomalies, reduce time and costs of intervention.
For more information about Clivet and our products and services, visit Clivet website, www.clivet.com
Clivet is part of Midea Group (hereinafter “Midea”), with registered offices in no. 6 Midea Avenue, Beijiao, Shunde, Foshan City, Guangdong Province, P.R. China 528311.
For more information about Midea and its brands, visit Midea website, http://www.midea.com/global/
Clivet and Midea are Jointly controller for the processing of the personal data collected through Clivet Eye and related apps and services, monitoring and assistance service, your request about these products and services (hereinafter, collectively, the “Service”).
We have determined our respective responsibilities for compliance with data protection obligations and have documented these responsibilities in a written agreement.
The essence of the agreement is available to the data subject, according to art. 26, par. 1, GDPR.
We inform you that Clivet SpA has appointed the Data Protection Officer, who can be contacted by sending an email to the address: email@example.com
3. THE INFORMATION WE COLLECT
We collect different types of information from or through the Service, as described in the following points:
(a) User account information
When you connect your Electronic Product to Clivet Eye (through the dedicated website www.cliveteye.com or through the App “Clivet Eye”) you will be asked to create a user account. The account information may include personal data (such as e-mail address, etc.). The mandatory fields are explicitly marked.
With your specific permission, we use location data from your modem to determine the location of your Electronic Product.
(b) Setup information and data about your use of your Clivet Electronic Product and Clivet Eye
During setup of your Electronic Product, you will be asked a number of questions about its intended use. That includes questions regarding preferences, programming schedules, if you would like to use location-based features and other settings such as the modes selected (manual, schedule, etc.).
We automatically collect data about your use of your Electronic Product and Clivet Eye. That includes data about the frequency of use (for example, button presses on the Appliance, app connect times and screen clicks), error codes and the energy consumption of your Appliance. These data points are stored every hour and transmitted to our servers.
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you. In this case, we’ll not be able to process the setting.
(c) Technical data about your Clivet Electronic Product and Clivet Eye
We automatically collect technical data about your Clivet Electronic Product and Clivet Eye. This includes the model and serial number, hardware and IP address, software version and other technical information from your Appliance such as operating hours, status and condition of the Electronic Product, energy consumption, wear and tear warnings and error codes. These data points are stored several times per minute and transmitted to our servers.
We may make this data available to our service center in order to provide the monitoring and assistance service of your Electronic Product.
(d) Information we collect when you contact us
When you contact us, we collect the personal data you provide us (e-mail, name and surname, phone number, address). When you call us, our support desk collects the personal data you provide and your questions or complaints will be stored in our database.
The aforementioned information will be kept for no longer than is necessary for the purposes for which they are processed.
4. HOW WE USE THE INFORMATION WE COLLECT
We process the personal data we collect through the Service for the following purposes, in accordance to the following legal basis:
(a) To provide our Service
In order to provide our Service we require the information and personal data described in section 3 above.
In particular, the setup information, data about the use of your Electronic Product and app and technical data from the Appliance are used to verify the correct functioning of your Electronic Product and the App and to send you system notifications, and, in the future, to provide you with an estimate of the energy consumption of your Appliance.
In order to provide the monitoring and assistance service of your Electronic Product, the technical data relating to the Appliance are recorded and made available also to our service center. The service center can view this data and can determine the status of the device and whether maintenance is required.
The provision of the Service also includes the sending of service communications, such as news about security updates or new functionality.
For this purpose, the processing of your personal data is based on the provisions of Art. 6.1, lett. B, GDPR, according to which the processing is necessary for the performance of a contract to which you are party.
If you have enabled this feature, we may also use the location of your Electronic Product to enable smart energy functions or to enable other functions.
Please note that we process location data only upon your explicit consent in accordance to Art. 6.1, lett. A, GDPR, asking for it as appropriate.
(b) To communicate with you
When you contact us, we process the personal data described in section 3, lett. d), above in order to respond to your specific requests.
Depending on the case, the data processing for this purpose is carried out either pursuant to art. 6.1, lett. B, GDPR, according to which the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, or in our legitimate interest (pursuant to Art. 6.1, lett. F, GDPR), taking into account your reasonable expectations based on your relationship with the data controller, as indicated in Recital n. 47 of the GDPR.
(c) To improve our Service
We carry out research and elaborate statistics on general trends in how our customers use our products and services. We do this to get a better insight into the behaviour and preferences of our customers, to develop and improve our products and services, and to improve end-user experience.
To carry out our research and elaborate statistics, we may merge and analyse the following information stated in section 3 above: setup information and data about your use of your Electronic Product and Clivet Eye and technical data about your Electronic Product and Clivet Eye.
For this purpose, the processing of personal data is carried out in our legitimate interest (pursuant to Art. 6.1, lett. F, GDPR), taking into account your reasonable expectations based on your relationship with the data controller, as indicated in Recital n. 47 of the GDPR.
You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data for improving our Service (see section 11 below). Please note that if you do not agree to these purposes and decide to object this will not have any impact on provision of the Service to you.
3. To comply with our statutory obligations
We may also process your personal data to comply with legal obligations to which we are subject (such as record keeping for fiscal purposes), in accordance to Art. 6.1, lett. C, GDPR.
Please note that if we process your personal data for our legitimate interests, we have preliminarily balanced these interests against your privacy interests, according to Art. 6.1, lett. F, GDPR. Our legitimate interests may for example include security and safety purposes or to provide a better Service to you. We will take measures to safeguard your privacy interests and to prevent unwarranted harm to you, as appropriate.
Where we process your personal data for our legitimate interests, you have the right to object at any time on grounds relating to your particular situation (see section 11 below).
5. RECIPIENTS OR CATEGORIES OF RECIPIENTS OF PERSONAL DATA
Personal data collected through the Service are not subject to disclosure.
Personal data may be communicated inside Clivet S.p.A. or Midea Group and be known and processed only by authorized staff or, outside Clivet S.p.A. or Midea Group, only by processors or subprocessors nominated by us according to GDPR provisions.
6. DATA TRANSFER
Your personal data may be transferred to third countries outside the European Union. In particular, your personal data may be transferred to our Server located in the U.S. and to Midea Group in China.
We guarantee that this transfer will take place to countries outside the EU that the European Commission has deemed to guarantee an adequate level of protection (in accordance to Art. 45 GDPR) or upon the stipulation of standard contractual clauses approved by the European Commission or upon prior verification of the Privacy Shield Certification (EU-US data transfer; on this point see https://www.privacyshield.gov/welcome).
Any exceptions to the above can only take place in compliance with art. 49 GDPR.
7. MANDATORY OR OPTIONAL NATURE OF DATA PROVISION
The provision of personal data is optional.
However, any refusal to provide us, in whole or in part, with your personal data may prevent us from providing the Service and responding to your requests.
8. PROCESSING METHODS
Personal data we collect are processed, exclusively by authorized parties, with paper or electronic tools, in ways that guarantee the security and confidentiality of the personal data.
The data processing operations referred to in this Policy does not involve any automated decision-making process.
9. DATA RETENTION
We store the technical data (temperatures, pressures, performances) we collect through Clivet Eye on our server for 6 months.
We collect your personal data when you request a service from us. If you request us to delete your account, it will be deactivated. From that moment, you will no longer be able to remotely control your Electronic Product. However, information collected through the service could be processed by the Joint Controllers to check the correct functioning of the electronic product and check for any bugs.
Some technical information is processed and stored directly in your Electronic Product, PC, tablet or mobile phone. You can delete this information by resetting the Electronic Product to the default settings or by deleting the App on your device(s).
Personal data will be kept for no longer than is necessary for the purposes for which it is processed. Anyhow, the storage times could undergo variations and the data be kept longer, where this is necessary for compliance with legal obligations or for the resolution of disputes.
10. DATA SECURITY
We will ensure that your personal data is properly secured by using appropriate technical and organisational measures, so that it is protected against unauthorised or unlawful use, alteration, unauthorised access or disclosure, accidental or wrongful destruction or loss.
11. YOUR RIGHTS
You can exercise the rights that are recognized to you by the GDPR at any time.
In particular, by sending:
- either a registered letter (for the attention of Privacy Contact Person) to Via Camp Lonc, no. 25 – 32032 Z.I. Villapaiera, Feltre (Belluno), Italy;
- or an e-mail to firstname.lastname@example.org
you can exercise the following rights:
Right to access
You may ask us whether or not we process any of your personal data and, if so, receive access to that data in the form of a copy. When complying with an access request, 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 you to exercise the essence of this right.
Right of rectification
You have the right to have your data rectified in case of inaccuracy or incompleteness. Upon request, we will correct inaccurate personal data about you and, taking into account the purposes of the processing, complete incomplete personal data.
Right of erasure
You also have the right to have your personal data erased. Erasure of your personal data only finds place in certain cases, prescribed by law and listed under article 17 of the GDPR. This includes situations where your personal data are no longer necessary in relation to the initial purposes for which they were processed as well as situations where they were processed unlawfully. Due to the way we maintain certain services, it may take some time before backup copies are erased.
Right of restriction of processing
You have the right to obtain the restriction of the processing of your personal data, which means that we suspend the processing of your data for a certain period of time. Circumstances which may give rise to this right (art. 18 GDPR) include situations where the accuracy of your Personal Data was contested but some time is needed for us to verify their (in)accuracy. This right does not prevent us from continue storing your personal data. We will inform you before the restriction is revoked.
Right of opposition
You also have the right to object to the processing of your Personal Data, which means that you can request that we no longer process your personal data. This right is recognized only in particular circumstances (art. 21 GDPR) and, in particular, in the case in which the legal basis of the processing is constituted by the legitimate interest of the owner.
Right to data portability
Your right to data portability implies that you can ask us to provide you with your personal data in a structured format, commonly used and readable by an automatic device, and to ask us to transmit such data directly to another data controller, where this is technically feasible.
Right to withdraw consent
The data subject has the right to withdraw consent to the processing of personal data, when the consent is the legal basis of the processing. In any case, the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
Right to lodge a complaint with a Supervisory Authority
You can also address the State Data Protection Inspectorate with a claim regarding the processing of your personal data, if you believe that the personal data are processed in violation of your rights and legitimate interests stipulated by applicable legislation. You may apply in accordance with the procedures for handling complaints that are established by the State Data Protection Inspectorate and which may be found by this link: https://www.garanteprivacy.it/web/guest/home/footer/link
12. CHANGES AND UPDATES TO THIS POLICY
This Policy was most recently amended on January 2020 and replaces earlier versions.
We may amend this Policy from time to time and will notify you of any changes by posting the revised statement on our websites, and informing you by e-mail or via our apps, prior to these changes taking effect.
13. HOW TO CONTACT US
Please contact us with any questions or comments about this Policy or to exercise your rights, by e-mail at email@example.com or by sending a registered letter (For the attention of Privacy Contact Person) to Via Camp Lonc, no. 25 – 32032 Z.I. Villapaiera, Feltre (Belluno), Italy.
You can contact the Data Protection Officer appointed by Clivet Spa by writing an email to following address: firstname.lastname@example.org