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TERMS AND CONDITIONS OF USE
The following document sets out the terms and conditions (hereinafter the 'Terms and Conditions') applicable to the use of this mobile application called 'Proflame Connect Plus' and to any services supplied and provided through the App by SIT S.p.A (VAT No.: 04805520287), a joint stock company organized and existing under the laws of Italy, with registered office at Viale dell'Industria n. 31-33, Padua (PD), 35129, (Italy).
Before using Proflame Connect Plus, please carefully read the following Terms and Conditions and our Privacy Policy.
1. DEFINITIONS
Under these Terms and Conditions:
'App': the App Proflame Connect
Plus operated to supply the Services as hereinafter defined.
'Account Proflame': the personal account created by the user by entering
his/her name, surname, e-mail and password and which allows to use the voice
control mode to configure the gas fireplace.
'Dongle': hardware and software device to be connected to the fireplace owned and designed by SIT.
'Owner': SIT
S.p.A. ("SIT") implements
and owns the App Proflame Connect plus and made it available to its customers
via internet/mobile for smartphones.
'Services': the remote control through the App and/or trough voice
control systems (art. 8.B.) of fireplaces with embedded Proflame control which
allows the configuration of gas fireplaces (temperature, ignition and shutdown).
'User': the natural person who uses the App.
2. SUBJECT
2.1. These Terms and Conditions shall govern and regulate the use of the App by the User.
2.2. Any amendment to or modification of these Terms and Conditions shall be effective from the moment it will be published on the App. It is hereby understood that any amendment of these Terms and Conditions will be notified via a pop-up warning or notification to the User.
3. ACCEPTANCE
3.1. The use of the App shall be deemed as unconditional acceptance by the User of these Terms and Conditions. If the User doesn't accept this Terms and Conditions, the access to the App and its use thereof will be denied.
3.2. The User agree that if he/she does not accept any amendment to these Terms and Conditions then he/she shall immediately discontinue the access and use of the App.
3.3. The User agree and accepts that SIT may at any time discontinue the Service and/or the App.
4. OWNERSHIP OF THE PRODUCTS LICENSES
4.1. The User agrees and acknowledges that the App is owned by SIT and is licensed to the User solely for his/her personal use under these Terms and Conditions.
4.2. The User is authorized to download, visualize, and use the App solely for personal and non-commercial purposes, in a manner that will not harm SIT's intellectual property rights or intellectual property rights of third parties.
5. LIABILITY
5.1. SIT shall not be liable for damages of whichever nature that the User might suffer directly or indirectly resulting from the use of the App and its Services to the maximum extent permitted by applicable laws.
5.2. The user undertakes to use the functionalities of the App in accordance with these Terms and Conditions.
5.3. Except as required by law, SIT will not make any warranties, express or implied, as to the operation and use of the App and any products accessed through the App. The User acknowledges and agrees that the use of the App is at its own risk and that the User is the solely responsible for any damage to the device through which he/she access the App, such as loss of data or otherwise that may result from downloading, accessing, or using the App.
Without prejudice to what is provided for by law, SIT cannot in any case be held responsible for any direct or indirect, special or consequential damage, expenses or any other damage suffered by the user in connection with the use of the App.
5.4. The user acknowledges that he/she has, under his/her own responsibility and at his/her own risk, carefully and thoroughly examined the functions, the technical and operational procedures, the characteristics and minimum functional requirements of the App, as well as the risks arising from its use, by accepting these services without reservation and recognising them as suitable for the user's needs, hereby relieving SIT of all responsibility in this regard, that is, regarding the choice of the services and their suitability to meet the user's present and/or future needs and/or requirements, even if they may have been represented to SIT prior to acceptance of these conditions. The user hereby authorises SIT to use its own Internet and/or telephone connectivity, as well as to operate its own management systems and/or smartphones for the sole purpose of regularly performing the services covered by the App.
5.5. For
all matters not expressly regulated herein in relation to SIT's
responsibilities and to the methods of using the App (art. 8.) the user must
expressly refer to the terms and conditions of use of AWS and Google in
relation to the different methods of providing the service (such as, by way of
example, Alexa Skill or Google Action).
6. INTELLECTUAL PROPERTY RIGHTS
6.1. The App is owned and designed by SIT.
6.2. Unless otherwise specified, all the contents made available through the App are SITs exclusive property and they shall include, but shall not be limited to, texts, documents, images, logos, pictures, design. Some of those contents might be protected by copyright, trademarks, patents, designs and/or other intellectual and industrial property rights granted by Italian and International applicable laws.
6.3. For the avoidance of any doubt, the access and use of the App by the User shall not be interpreted as a license of any right or the acknowledgement of any other right of use of App's contents to the User, other than those specifically permitted under these Terms and Conditions.
7. DATA PROTECTION
7.1. SIT
will collect some of the User's personal data needed to perform the Services
offered through the App.
By downloading the App the User consents to the use such information in
accordance with the Regulation (EU) 679/2016 on the protection of
natural persons with regard to the processing of personal data and on the free
movement of such data ('GDPR') and with the current
legislation on personal data. For further information please read our Privacy Policy which is part of our App
Terms and Conditions.
8. USE OF THE APP
8.A. Without voice control systems
Minimum functional requirements: a wi-fi connection is required to access and use the App. Below, the minimum functional requirements that the device must have to allow the installation and optimal functioning of the App.
Smartphone operating system: iOS, Android
Functionality of the App: the App allows the configuration of gas fireplaces (temperature, ignition and shutdown) with the same functions of the current remote control offered by SIT. To use the App, the user must give permission to use the native geolocation library of the smartphone operating system. Once the geolocation is authorised and the connection to a wi-fi network is obtained, the App can communicate with the gas fireplace through the Dongle and provide the Services as defined above.
8.B. With voice control systems
Minimum functional requirements: a wi-fi connection is required to access and use the App and it's also required the creation of a personal Account Proflame by the User.
Smartphone operating system: iOS, Android
Functionality of the App through Voice Control: to use the App with voice control the User previously has to enter the Proflame Connect account credentials within the Google Home App and/or Amazon Alexa. After that, the Dongle must be associated with the Proflame Connect account by means of the fireplace identification code using the Proflame Connect App.
8.2. When using the App, the User shall avoid any misuse (i.e. any use inconsistent with the ordinary purposes and functionalities of the App). The User is hereby prohibited from uploading viruses, trojan horses, worms, or other programmes or materials that might cause damages or harm to the App.
8.3. The User is hereby prohibited from damage, alter, or modify the App's graphic design.
8.4. SIT reserves the right to discontinue or terminate the access to the App to Users who infringe the provisions of the present Terms and Conditions.
9. INVALIDITY OF A CLAUSE
9.1. If any provision of these Terms and Conditions is held invalid, this shall not affect the validity of the remaining provisions.
10. TERMINATION
10.1. If the User uses the App in breach of these Terms and Conditions, SIT shall be entitled to terminate the contract pursuant to Article 1456 of the Italian Civil Code.
10.2. The user is free to stop using the App at any time by uninstalling the App from his/her device.
10.3. Exercising this option will result in the deletion of the settings (Please read our Privacy Policy for further information).
11. GOVERNING LAW AND EXCLUSIVE JURISDICTION
11.1. These Terms and Conditions shall be governed by, interpreted, and construed according to the laws of Italy, without regard to conflicts of law principles.
11.2. The Court of Milan shall have exclusive jurisdiction for any controversy arising from these Terms, including the breach, termination, or invalidity thereof.
12. CONTACTS
12.1. The User may contact SIT at any time, at the following addresses:
Viale dell'Industria no 31 -33
35129 Padua (PD), Italy
E-mail: privacy@sitgroup.it
· Attention of: Marketing Department _ Proflame
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Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the User declares to have read carefully and to approve expressly and specifically the following clauses:
Art. 5. (LIABILITY)
Art. 11. (GOVERNING LAW AND EXCLUSIVE JURISDICTION)
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PRIVACY POLICY
Pursuant to Article 13 of the Regulation (EU) 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), SIT S.p.A, with registered office in Padua (Italy), 35129, Viale dell'Industria n.12, in its quality of Data Controller (as below defined) wishes to inform you about nature and purposes of the processing of your personal data collected using the App Proflame Connect Plus.
1. DEFINITIONS
App: the App Proflame Connect Plus operated to supply the Services as hereinafter defined.
Account Proflame: the personal account created by the user by entering his/her name, surname, e-mail and password and which allows to use the voice control mode to configure the gas fireplace.
Dongle: hardware and software device to be connected to the fireplace owned and designed by SIT.
Services: the remote control through the App and/or trough voice control systems of fireplaces with embedded Proflame control which allows the configuration of gas fireplaces (temperature, ignition and shutdown).
User: the natural person who uses the App and whose data are processed as data subject.
2. DATA CONTROLLER
SIT S.p.A. (SIT), with registered offices in Padua (Italy), 35129, Viale dell'Industria n.12, VAT number: 04805520287, (hereinafter the 'Data Controller').
It is always possible to contact the Data Controller by:
· e-mail address: privacy@sitgroup.it
3. DATA PROCESSED
3.1. Geolocation
Data of the User will be processed by SIT for the only purpose to allow the use
of the Services provided by the App. The provision of geolocation data is
necessary for the operation of the App.
Any refusal to provide the Geolocation Data would make impossible to provide
the Services.
3.2. Name,
surname, e-mail and password of the User will be processed by SIT for the
only purpose to create the personal Proflame Account in order to allow the User
the voice control system by using Amazon Alexa or Google Home.
Any refusal to provide these Data by the User would make impossible for the
Data Controller to provide the voice control system. No voice (biometric) data
will be processed or stored by the Data Controller, who will only receive the
content of requests (and not voice recordings) received from Amazon Alexa or
Google Home.
3.3. We would like to point out that the IT systems and software procedures
used to operate the App (such as Apple store, Android, Alexa Skill, Google
Action) could acquire, during their normal operation, some data that can be
referred to the User, the transmission of which is implicit in the use of
internet communication protocols, smartphones and devices used (i.e. telephone
identity, IP protocol, functionality cookies).
3.4. For all privacy matters not expressly regulated herein the user should
expressly refer to the Privacy Policies of AWS and Google in relation to the
different methods of providing the services (such as, by way of example, Alexa
Skill or Google Action).
4. PURPOSES AND LEGAL BASIS OF THE PROCESSING
4.1. The Data provided by
the User will be used exclusively for the full performance of the Services.
4.2. The legal basis of the processing will be the performance of the contract
to which the User is a party pursuant to art. 6 (lett. C) of GDPR.
5. PLACE OF THE PROCESSING AND STORAGE PERIOD
5.1. The processing of
the Data shall take place at the headquarters of the Data Controller.
5.2. Voice command data will not be stored and will be overwritten by the data
of the last command given.
Proflame
account data will be stored for 36 months and then deleted.
5.3 There
will be logs for development purposes which will be deleted every 2 months.
6. THE RECIPIENTS OF THE DATA
6.1. The Data will not be
communicated to third parties, unless it is necessary to comply with requests
from Public Authorities 6.2. To ensure the functionality of the App, Data may also
be communicated to System Administrators appointed in the context of the management
of the Company's IT resources with regard to systems, networks, software,
security equipment and corporate databases or to IT service providers.
6.3. The subjects belonging to the categories to which the data may be
communicated will use them as "Data Processors" specifically
appointed by SIT pursuant to art. 28 of the RGPD or as autonomous "Data
Controllers.
6.4. In any case, the Data will not be processed or transferred outside the
territory of the European Union or to countries that do not provide adequate
guarantees of personal data protection.
7. ARRANGEMENTS OF PROCESSING AND MEASURES TO ENSURE DATA SECURITY
The Data Controller will process the Data with and without the aid of electronic, computerized, or automated tools, adopting specific and adequate logical, organizational, and technical security measures to prevent the loss of the Data or their unauthorized or unlawful use.
8. RIGHTS OF THE DATA SUBJECT
The User, at any time, can exercise the following rights contacting the Data Controller: right to access your personal data and to obtain a copy thereof (art. 15 RGPD), right to rectification of personal data (art. 16 RGPD), right to erasure of personal data (art. 17 RGPD), the right to restriction of processing of personal data (art. 18 RGPD), the right to data portability (art. 20 RGPD), the right to object to processing (art. 21 RGPD), the right to revoke consent freely given at any time without affecting the lawfulness of processing based on the consent given before revocation (art. 7 RGPD).
You may exercise your rights by sending a specific request to the Data Controller
- by e-mail to the address: privacy@sitgroup.it
Requests relating to the exercise of your rights will be processed without undue delay and, in any case, within 30 days of receipt of the request.
In any case, you always have the right to lodge a complaint with the competent supervisory authority pursuant to art. 77 of the GDPR if you believe that the processing of your data is contrary to the legislation on the protection of personal data in force. For Italy, the supervisory authority is the Guarantor for the protection of personal data, which can be contacted using the methods indicated at the following link: www.garanteprivacy.it/home/footer/contatti
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