Smartech Terms and Conditions

General Conditions of Use

Definitions

The following terms capitalized in the General Conditions of Use shall be understood as:

"Alpha Therm Ltd” a company located at Nepicar House, London Road, Wrotham Heath, TN15 7RS (hereafter referred to as ‘Alpha’)

“App”: refers to the Alpha SMARTECH application

“User”: refers to the entity which uses the App

“Features”: refers to the functions that the User can use through the App and/or Immergas website.

“System”: refers to a central heating and/or cooling system with Immergas equipment.

“Store”: refers to the main digital distribution platforms for apps (AppStore for iOS operating system or Android Store for Android operating system)

“GCoU”: refers to the General Conditions of Use set out in this document

"Consumer" refers to a natural person who makes a legal transaction not directly related to his/her economic or professional activity, and a natural person who concludes a contract directly related to his/her economic activity, when the content of this contract shows that it does not have a professional character for him/her, resulting in particular from the subject matter of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity

"Entrepreneur" refers to a natural person, legal person or entity without legal personality making a legal transaction on its own behalf in the course of its business or professional activity.

 

1 General terms and conditions of use

1.1 The GCoU set out the rules for the provision of services by Alpha to the User, which consist in enabling, among other things:

1.1.1 install the App on the User’s device,

1.1.2 create the User account

1.1.3 use the Functions.

1.2 The App is an application for mobile devices whose features make it possible for the User to manage their System.

1.3 These GCoU govern the relationship between the User and Alpha and not the relationship between the User and the Stores; the User should independently review the rules of the Store that he/she is using.

1.4 The App and its Features are supplied by Alpha.

1.5 In order to use the App and its Functions, the User must have Internet access, an Android or iOS operating system in the version indicated in the requirements described for the App in the respective Shop and an email address.

1.6 The User may not use the App to provide unlawful content. However, if such a situation occurs, Immergas shall be entitled to terminate the account agreement with the User with immediate effect and consequently delete the User's account.

2 App and Features

2.1 The App can be installed on a User’s mobile device (smartphone and/or tablet) connected to the Internet.

2.2 The App can be downloaded for free by the User by accessing the appropriate Stores.

2.3 The technical possibility of installing the App on the User’s device is always disclosed in the description of the App on the Store.

2.4 When using the App, the User can decide to use all or part of the Features made available to them.

2.5 Alpha can periodically release updates to the App and its Features. It is therefore important that the User downloads and installs these updates regularly in order to take advantage of the most recent versions of the App and Features.

3 User Account

3.1 To use the App and its Features, the User must create an account in the App. During the account registration process, the User must provide information. The User must provide all information marked as mandatory. The User declares that all the information provided when registering the account is true, complete and accurate, and agrees to keep it updated.

3.2 The registration form shall constitute an offer by Alpha to the User to conclude an agreement for the creation of an account. Sending the form by the User shall constitute acceptance of the above offer and conclusion of the account agreement.

3.3 The User must keep their access credentials (account and password) secret.

3.4 The User must immediately change the password if they suspect that a security breach has occurred.

3.5 The User may not enter personal data of third parties into the Application, in particular their e-mail addresses or telephone numbers.

3.6 If the User is the Consumer, the User have the right to withdraw from the contract for creating an account, without giving any reasons, by submitting a declaration within 14 days from the date on which the contract was concluded. In order to exercise this right to withdraw from the contract for the creation of an account, the User must inform Alpha of his/her decision to withdraw from the contract in an unequivocal statement (to Alpha's e-mail address: [info@alpha-innovation.co.uk] or sent to Alpha's registered office address). In order to comply with the withdrawal period for the establishment of the Account, it shall be sufficient for the User to send information concerning the exercise of its right of withdrawal before the withdrawal period has expired.

4 Right of use

4.1 The App, including its components, and the works, trademarks, and software associated with it, in particular the source code and the resulting code, are protected by applicable intellectual property laws.

4.2 Alpha and its licensors are entitled to all rights, in relation to the App and its Features.

4.3 Alpha is the entity authorised to grant the Users a licence to use the App.

4.4 Alpha grants the User a free, non-exclusive and non-transferable licence for personal use of the App. The licence for use includes the right to install the App on the User’s mobile device and to use the Features for the duration of the account agreement. The User shall be entitled to use the Application without territorial restriction.

4.5 The Application is licensed for the following fields of use:

4.5.1 use of the App by User for the purpose for which it is intended and for that purpose install, start-up, display and store on any number of your devices;

4.5.2 permanent or temporary fixation or reproduction, in whole or in part, in the memory of your devices in the form of an installable executable file and in the form of an installed App, including reproduction in temporary or operational memory, to the extent necessary for the use of the App.

5 Restrictions on use of the Application

5.1 The User may not assign, rent, sub-license or transfer the licence of use to third parties.

5.2 The User may not duplicate, modify, adapt, translate or alter the App in whole or in part. The User may not decompile the code, decode or create works, even just derivatives, based on the App and its Features.

5.3 The User is not allowed to, without the express consent of Alpha, permanently or temporarily reproduce the Application in whole or in part beyond the normal use of the Application as described in the GCoU.

6 Responsibility

6.1 The App is provided “as is”. Alpha does not guarantee that the App and its Features meet the User’s needs, or that they are error-free. This provision shall not apply to the Consumers.

6.2 Alpha shall periodically provide updates of the App. To download an update the User shall have an active connection to the Internet.

6.3 If an error occurs in the functioning of the App, such error shall be reported to Alpha indicating the circumstances of the error.

6.4 Alpha cannot and shall not be responsible for:

6.4.1 any costs incurred by the User, according to their rate plan, to download and use the App and its Features;

6.4.2 any loss or damage suffered by the User, insofar as such losses or damage are due to causes beyond the reasonable control of Alpha (including force majeure causes);

6.4.3 any loss or damage suffered by the User, resulting from the User’s failure to comply with the provisions of these “GCoU”. This provision shall not apply to the Consumers.

6.5 Although Alpha intends to make all reasonable efforts to provide the best possible service, subject to Article 473, it shall not be held liable - under any circumstances - for any damage suffered by the User, resulting from using the App and Features. The provision of the preceding sentence shall not apply to Consumers.

7 Term and termination

7.1 The account agreement between the User and Alpha shall start upon the moment indicated in point 3.2.

7.2 Should the User fail to comply with any provision set out in these GCoU, the account agreement shall terminate immediately. The provision of the preceding sentence shall not apply to Consumers.

7.3 Alpha may terminate the account agreement with 14 days' notice in the event that:

7.3.1 a liquidation of Alpha shall be opened,

7.3.2 Alpha will decide to stop providing the App.

7.4 Alpha reserves the right to terminate the account agreement concluded with the Consumers in the following cases:

7.4.1 breach of the licence rules for use of the App,

7.4.2 using the App contrary to the provisions of these GCoU.

7.5 The User can terminate the account agreement at any time using the option to delete the User’s account. Upon termination of the account agreement, the User should delete the App from his/her mobile device.

8 Complaints

8.1 In connection with the use of the App, the User may at any time file a complaint, which should be sent by email to: info@alpha-innovation.co.uk

8.2 The complaint shall contain identification and contact details as well as an indication of the subject matter of the complaint.

8.3 Alpha shall examine the submitted complaint within 30 days and respond accordingly by letter or email.

9 Privacy

9.1 Alpha processes the User’s personal data for purposes strictly related to the use of the App, in accordance with the information notice made available to the User within the App itself and on the website.

10 Final provisions

10.1 Alpha shall be entitled to amend these GCoU unilaterally in accordance with the following:

10.1.1 changes in generally applicable law, which make it necessary to adjust the provisions of the GCoU to them, such as in particular changes in the provisions on: consumer protection, provision of electronic services, personal data protection,

10.1.2 changes in the manner and principles of providing the services described in the GCoU,

10.1.3 development of the App and change of its Functions.

10.2 If one of the above-mentioned reasons occurs, the GCoU may be amended to the extent that is necessary due to the reason.

10.3 In the case of amendments to the GCoU, Alpha shall send the User information on the planned amendment together with the content of the new GCoU to the User's email address at least 14 days prior to the effective date of the planned amendments.

10.4 The User, who does not accept the planned changes, can terminate the account agreement. If the User does not terminate this agreement, the changes shall be binding for the User from the date indicated as the effective date of the changes.

10.5 These GCoU are available in the App and at Alpha’s registered office.

10.6 If the User is the Consumer, information on out-of-court procedures for handling complaints and pursuing claims and the rules of access to these procedures shall be available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Alpha Inspectorates of Commercial Inspection and at the following website addresses of the Office of Competition and Consumer Protection.

10.7 The User who is the Consumer shall have, among others, the following possibilities of making use of out-of-court ways of dealing with complaints and asserting claims:

10.7.1 Permanent consumer arbitration court operating at the Trade Inspection - the possibility of requesting the settlement of a dispute arising from the Sales Agreement concluded;

10.7.2 a regional inspector of the Trade Inspection - the possibility of requesting the initiation of mediation proceedings on an amicable basis until the dispute between the Customer and the Store is resolved.

10.7.3 the Online Disputes Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.

10.8 If the User is the Entrepreneur, any disputes arising from the Agreement or sales contracts shall be resolved first amicably by the Parties through negotiations or mediation and, if the Parties fail to reach an agreement, by a common court competent for the registered office of Alpha.

Information notice on personal data processing

To access and use the services offered by this application called SMARTECH APP (hereinafter referred to as the “APP”), our Company needs to process some of your personal data for the purposes specified below. In this regard, pursuant to art. 13 of Regulation (EU) 2016/679 (hereinafter referred to as the “GDPR”), we wish to provide you with appropriate information regarding your personal data processing.

1 Data controller

1.1 The personal data controller is Alpha Therm ltd. based in Nepicar House, London Road, Wrotham Heath, Kent TN15 7RS (hereinafter referred to as the “Alpha” of the “Controller”), which you can get in touch with to exercise your rights by e-mail at info@alpha-innovation.co.uk , or by ordinary mail at the data controller’s address.

2 Purpose of processing

2.1 The Controller may process the personal data of the User concluding an agreement for the provision of access services to the APP and the user account for the following purposes:

2.1.1 to conclude and perform an agreement for the provision of services by means of the App, as a service provided by electronic means;

2.1.2 to enable the User to use the "Away" service (i.e. the possibility of automatically adjusting and setting the thermal comfort of the system depending on the proximity of the User to his/her own system) if the User has given his/her voluntary and optional consent;

2.1.3 the assertion or defense of claims, which purpose derives from the right to protect the Controller’s pecuniary and nonpecuniary interests;

2.1.4 promotional activities for Alpha and its goods and services by sending commercial information as part of campaigns, which is based on the right to build a positive image of Alpha.

2.1.5 statistical and analytical activities, activities based on data about the use of the Controller’s devices and the App, which derive from the right to offer better and better services to the Controller's customers.

3 Geolocation

3.1 The Away service referred to in the previous point needs to acquire data about the geographical position of the user’s mobile device (smartphone). It should be noted that the APP does not store any historical data on the user’s position, preventing both a continuous view of his/her position and any reconstruction of the relevant paths. The APP exclusively records - at periodic intervals of time – the proximity/vicinity status of the user to the system.

4 Legal basis of processing

4.1 Personal data are processed on the basis of:

4.1.1 Article 6(1)(b) of the GDPR – to the extent necessary for the conclusion and performance of the agreement for maintaining an account with the Application (in relation to clause 3.1.1);

4.1.2 Article 6(1)(a) of the GDPR - to the extent covered by the consent (with regard to clause 3.1.2).

4.1.3 Article 6(1)(bf) of the GDPR - i.e. the Administrator's legitimate interest described in the previous section (in relation to clauses 3.1.3-5);

4.2 Where processing is based on consent, you the user may withdraw your consent at any time, but this will not affect any processing that has taken place before the withdrawal.

5 Type of data provision and consequences of a refusal to provide personal data

5.1 The provision of personal data is optional, i.e. the user is not required to provide any of the personal data. However, failure to provide personal data by the user may make it impossible for the user to use – fully or in part - the functions of the APP.

6 Profiling

6.1 The user’s personal data are not processed through an automated decision-making process, including profiling, whereby profiling refers to any form of automated processing of the personal data aimed at analysing or foreseeing certain personal aspects including, by way of example, personal preferences, interests or behavior of the Website users.

7 Recipients of the personal data

7.1 The processing of personal data may be entrusted by the Controller to external companies which carry out, on the Controller’s behalf, specific activities related to the purposes referred to under point 3 and, as a result of their experience, expertise and reliability, guarantee full compliance with the current provisions on data processing, protection and safety, and which will, in this case, be appointed as Data Processors pursuant to the provisions of art. 28 of the GDPR. These entities include: IT service providers and cloud services providers, audit or legal service providers.

7.2 Personal data may also be disclosed to external public or private subjects, operating as independent data controllers, whereby they are entitled to request the data.

8 Transfer of personal data outside the European Union

8.1 Personal data will not be transferred by the Controller to third countries or international organisations outside the European Union unless the safeguard mechanisms provided for in CHAPTER V, articles 44 and following, of the GDPR have been adopted and are in force.

9 Personal data retention period

9.1 Personal data will be processed for the period:

9.1.1 necessary for the conclusion and performance of the account agreement and until its proper performance is demonstrated.

9.1.2 necessary for the execution of the legally justified interest, however, in this scope no longer than until an objection based on your particular situation is deemed to have been raised successfully.

9.1.3 until the withdrawal of the granted consent. Once the all purposes mentioned in Point 3 have been fulfilled, the Controller will delete the personal data.

10 Rights of the data subject

10.1 With regard to his/her personal data, the user, as the data subject, may exercise the rights provided for by the GDPR set out below. The exercise of rights is free of charge pursuant to art. 12 of the GDPR.

10.2 The User has:

10.2.1 the right to withdraw consent. The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;

10.2.2 the right of access; the data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data. When requested by the data subject, the controller shall provide a copy of the personal data undergoing processing;

10.2.3 the right to rectification; the data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her and the right to have incomplete personal data completed;

10.2.4 the right to erasure (so-called “right to be forgotten”); the data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay and within the limits as provided for by Article 17 of the GDPR;

10.2.5 the right to restriction of processing; the data subject shall have the right to obtain from the controller restriction of processing in the cases envisaged by Article 18 of the GDPR;

10.2.6 the right to data portability; the data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to the Controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent or on a contract and the processing is carried out by automated means.

10.3 The User has right to object, on grounds related to his/her specific situation, to the processing of personal data, where the processing is based on the legitimate interest of the Controller (Article 21 of the GDPR).

10.4 The User has right to lodge a complaint with a supervisory authority, if the data are processed contrary to legal requirements; i.e. the President of Personal Data Protection Office.

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