General Conditions of Use of the Service

App My BALTUR

General Conditions of Use of the Service

BALTUR S.p.A., with headquarters in Via Ferrarese, 10 - 44042 Cento (FE) - Italy, tax code and VAT number 00040200388, in the person of its legal representative pro tempore (hereinafter "Baltur"), provides the customer (hereinafter "User”) a heating control service via a mobile application called “My BALTUR” (hereinafter “App”), to be installed on smartphones with iOS and Android operating systems within the available technical and operational possibilities. These General Terms and Conditions (hereinafter the "Conditions") therefore govern the service supply relations inherent to the aforementioned App to the User. The App offers users the services indicated in the following article 1. By downloading, installing and using the App, the User declares to accept the following Conditions. The App is provided in the current state of technical and technological development; Baltur is exonerated from any obligation to perform updates or future improvements, which, may be implemented on the decision and at the discretion of Baltur itself.

1. Object of the service provided through the App

The App offers users the following services: (a) allows the heating service to be interrupted and/or started for a time defined by the User; (b) allows the status of the generator to be checked; (c) displays the ambient and external temperature; (d) allows the boiler anomalies log to be viewed, if present. Baltur does not provide any guarantee regarding the use of the App. In particular, Baltur does not guarantee that: (a) the App meets specific User needs; (b) the App is free of malfunctions or errors; (c) the quality of any service obtained by the user through the App meets the User's expectations.

2. Effectiveness, suspension, interruption

The service will be activated following the registration of data by the User within the App and the consequent acceptance of these terms and conditions. Baltur reserves the right to change, suspend or interrupt the services provided through the App, or part thereof, at any time. The User accepts that Baltur is not liable to him/her and/or to third parties for the aforementioned changes, suspensions or interruptions.

3. Liability

The User is solely responsible for the use of the App and assumes all the risks associated with improper use, as well as use by minors, inept or however third parties. In any case, when using the App, the User must take into account the indications relating to the product contained in the installation, use and maintenance manual supplied with the same. The User accepts that Baltur is not liable to him/her for any direct, indirect, incidental, consequential damage caused by or related to the use or non-use of the App by the User and agrees to hold Baltur harmless from any resulting compensation obligation. In particular, Baltur cannot be held liable for: (a) the incorrect functioning of the App that may derive from the use by the user of hardware and/or software that does not work properly and/or is not compatible with the App itself; (b) the suspension and/or interruption and/or malfunction of the service provided through the App due to third parties on whom the provision of the same should depend; (c) the behaviour, online and off-line, of any user of the App; (d) "viruses", "worms", "trojans", "horses", "ransomware" or other harmful computer components that may attack and/or be present in the App; (e) theft, interception, cancellation, destruction, improper use of personal data provided by the User without intention and/or fault of Baltur; (f) any errors present in the App or for the results that the User aims to obtain from the use of the App itself.

4. Intellectual property rights

The User acknowledges and agrees that the App and any service connected thereto may involve the use of proprietary and confidential information, protected by law and by the applicable rules regarding intellectual property. The user agrees not to reproduce, duplicate, copy, sell, negotiate, resell or use the App in whole or in part for commercial purposes. The user undertakes not to carry out, directly or indirectly, one of the following activities: (a) copy, modify, create works deriving from the source code, decode, disassemble or otherwise attempt to discover this code; (b) sell, transfer, sub-licence or otherwise transfer any rights relating to the App, unless such activity is expressly required by law.

5. Protection of personal data

By installing the App, the User accepts that Baltur may process the personal data provided by the User during registration and, however, the data for the operation of the boiler, for the correct use of the App and its services, in full compliance with the principles dictated by Regulation EU 2016/679 of the European Parliament and the Council of 27.04.2016 concerning the protection of individuals with regard to the processing of personal data, as well as the free circulation of such data (so-called "General Regulation on the Processing of Personal Data" or "GDPR"), of (It.) Legislative Decree 30.06.2003, no. 196, as amended by (It.) Legislative Decree 10.08.2018, no. 101 ("Code Regarding Personal Data"). The user acknowledges that the use of the App may include the transmission of data relating to the operation of the boiler through electronic communication networks.

6. Jurisdiction and applicable law

Any dispute arising between the parties in respect of, consequent to, in relation to this agreement, its application, interpretation, execution, resolution, etc., shall be referred to the sole jurisdiction of the Court of Ferrara (Italy) notwithstanding any other legal or conventional forum. Only and exclusively in the cases in which the buyer qualifies as consumer pursuant to (It.) Legislative Decree 06.09.2005, no. 206, the court of jurisdiction will be that of the place of residence or domicile of the consumer. For anything not provided for in these general terms and conditions, reference is made to the Italian law which will be the only one applicable.

7. Final provisions

Baltur reserves the right to make changes to these Terms and Conditions at any time and at its sole discretion, giving notice to the User via notification on the App; the new changes will be considered expressly accepted by the user if he/she continues using the App. If a one or more of the clauses contained in these Terms and Conditions should become wholly or partially void or ineffective the remaining clauses will continue to apply. Should any clause of this agreement be declared invalid, this declaration will not affect the validity of all other clauses contained therein.

App My BALTUR

Notice on the processing of personal data

NOTICE ON THE PROCESSING OF PERSONAL DATA

This notice is provided pursuant to art. 13 of Regulation EU 2016/679 of the European Parliament and of the Council of 27.04.2016 concerning the protection of individuals with regard to the processing of personal data, as well as the free circulation of such data (the so-called "General Regulation on the Processing of Personal Data" or "GDPR") and of (It.) Legislative Decree 30.06.2003, no. 196, as amended by (It.) Legislative Decree 10.08.2018, no. 101 ("Code regarding personal data" or "Privacy Code") from:

⊳ BALTUR S.p.A., with headquarters in Via Ferrarese, 10 - 44042 Cento (FE) - Italy, tax code and VAT number 00040200388, in the person of its legal representative pro tempore;

in its capacity as Data Controller (hereinafter "Controller").

The Controller, aware of the importance of ensuring the security of private information, in compliance with the applicable European and Italian legislation, in compliance with the principle of transparency pursuant to art. 12, GDPR, provides the following information in order to make the User aware of the characteristics and methods of processing personal data.

1. Subject of the processing

The Controller processes the personal data of the user that are provided by the User during registration and during the use of the mobile application called “My BALTUR” (hereinafter "App"). In particular, the Data Controller processes personal, identifying data (for example, name, surname, tax code, VAT number, e-mail, telephone number - hereafter, "personal data" or even "data") directly supplied by you during the registration phase; ii. data not directly supplied by you - and in any case acquired within the limits of the provisions of art. 14, paragraph 5, GDPR - whose transmission is connected to the use of Internet communication protocols, smartphones and the devices used (for example, page accesses, amount of data transferred, message status following accesses, ID Session numbers, IP addresses, URL addresses, etc.).

2. Cookies

The App uses cookies, which are text files that are created at each access to authenticate the User. These files are stored on smartphones and devices used by the User and are deleted when the User disconnects from the account.

3. Legal basis and purpose of the processing

Your personal data is processed:

(a) without your express consent (see art. 6, letter b, GDPR) for the purpose of making the functionalities of the App usable as a result of the User's access (contractual purpose). In fact, in this case, the execution of a contract of which you are part or the execution of pre-contractual measures adopted at your request, constitutes the legal basis of the processing.

(b) only with your specific and unequivocal consent (see articles 6, letter a, no. 7, GDPR), for the following additional purposes to send via e-mail newsletter, commercial communications and/or advertising material on products and/or services offered by the Controller (marketing purposes). In this case, in fact, consent constitutes the legal basis for the processing.

4. Nature of the provision of personal data

The provision of data for the purposes referred to in art. 2, letter (a) - contractual purpose - is necessary, since your refusal to provide the requested personal data will make it impossible for the Controller to fulfil the legal obligations and/or those arising from the management of the contractual relationship, thus preventing the provision of the service and the use of the App. The provision of data for the purposes referred to in art. 2, letter (b) - marketing purposes - is optional and failure to provide it implies the impossibility of receiving e-mail newsletters, commercial communications and/or advertising material on products and/or services offered by the Data Controller.

5. Processing methods

The processing of your personal data is carried out by means of the operations indicated by the art. 4, paragraph 1, no. 2), GDPR, or any operation or set of operations, carried out with or without the aid of automated processes and applied to personal data or sets of personal data, such as the collection, registration, organization, structuring, preservation, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of provision, comparison or interconnection, limitation, erasure or destruction. The processing of your data will be based on principles of correctness, lawfulness and transparency and may also be carried out through automated methods designed to memorize, manage and transmit them and will be carried out through the use of suitable tools, where appropriate and state of the art, to guarantee security and confidentiality through the use of appropriate procedures that avoid the risk of loss, unauthorized access, illicit use and dissemination. Personal data may be stored on computer media and on paper, as well as on any other type of media deemed most suitable for processing.

Data retention period

The Controller, in compliance with the principles set forth in art. 5, GDPR, will process your data for the time necessary to pursue the aforementioned purposes, as well as to fulfil the legal obligations imposed for the same purposes. Once the aforementioned retention period has expired, the data will be destroyed or made anonymous. Further and more detailed information regarding retention periods can be requested by contacting the controller at the addresses indicated in this notice.

Data communication

The personal data processed by the Data Controller will not be disclosed, or will not be disseminated to undetermined subjects, in any possible form, including that of making them available or simple consultation. Instead, they can be made accessible to employee and/or collaborators who work for the Controller and/or to some external subjects who have sufficient guarantees to have adopted adequate legal, organizational and technical measures so that the processing satisfies the requirements of the GDPR and guarantees the protection of the rights of the data subject. In particular, your data may be made accessible to: i. employees and collaborators of the Data Controller, in their capacity as internal processors, delegates, appointed and/or authorized to process personal data and/or System Administrators; ii. third party companies or other subjects that carry out activities in outsourcing on behalf of the Data Controller, in their capacity as external processors of the processing of personal data.

Data transfer

The management and storage of personal data will take place on the Data Controller’s server and/or third party companies duly tasked and appointed as Data Processors, located within the European Union, or in compliance with the provisions of articles 45 et seq., GDPR. The data will not be transferred outside the European Union. However, it is understood that, should it be necessary to transfer the location of the servers, in Italy and/or the European Union and/or non-EU countries, such transfer will always take place in compliance with articles 45 et seq., GDPR. In this case, however, the Data Controller hereby ensure that the transfer of data to non-EU countries will be in compliance with the applicable legal provisions, concluding, if necessary, agreements that guarantee an adequate level of protection and/or adopting the standard contractual clauses provided by the European Commission.

Rights of the data subject

Pursuant to the articles from 15 to 21, GDPR, you have the right to: i. obtain confirmation from the Data Controller that your personal data is being processed and, in this case, to access personal data, even receiving a copy (so called right of access); ii. obtain from the Data Controller the rectification of inaccurate personal data and/or the integration of incomplete personal data concerning you (so called right of rectification); iii. obtain from the Data Controller the erasure of personal data if one of the reasons provided by the GDPR (so called the right of erasure) exists; iv. Obtain from the Data Controller the limitation of the processing only to some personal data if one of the reasons provided for by the GDPR (so called the right of limitation of the processing) exists; v. request and receive from the Data Controller, in a structured, commonly used and readable format by an automatic device, the personal data concerning you, or request and obtain transmission to another Data Controller without impediment (so called right of portability); vii. withdraw, at any time, any consent given in relation to the processing of your personal data (so called consent to withdraw the consent); vii. object, in whole or in part, to the processing of personal data (so called the right to object to the processing); viii. not be subjected to a decision based solely on automated processing in the cases provided for by the GDPR; ix. to lodge a complaint to the Authority for the protection of personal data, as well as to exercise the other rights recognized to you by the applicable European and Italian legislation.

Modality for exercising of the rights

You may at any time exercise your rights by contacting the Controller:

⊳ by registered letter with return receipt: BALTUR S.p.A., Via Ferrarese, 10 - 44042 Cento (FE) - Italy

⊳ by e-mail: info@baltur.it

The Data Controller is:

⊳ BALTUR S.p.A., with headquarters in Via Ferrarese, 10 - 44042 Cento (FE) - Italy, tax code and VAT number 00040200388, in the person of its legal representative pro tempore. More information about the processors and offices, appointed and authorized for the processing of personal data can be requested by contacting the Controller at the addresses indicated in this notice.

The Data Controller

BALTUR S.p.A.