LICENCE AGREEMENT FOR THE FINAL USER AND ADDITIONAL PRIVACY POLICY
In force since 1 January 2017
The Licence Agreement for the Final User herein and the Additional Privacy Policy of Fantini Cosmi (“the Agreement”) is a legal agreement between you and Fantini Cosmi s.p.a. for the use of the Services of Fantini Cosmi and the licence of the Fantini Cosmi Software; both defined below. For the sake of convenience, the combination of products, software, and services we provide to you shall be hereinafter referred to as the “System”.
By installing or using the System, the Customer agrees to be bound by the terms and conditions included in the Agreement herein. The Customer agrees to be the System end-user and declares to be of legal age and authorised to enter into this Agreement. Fantini Cosmi does not intentionally collect personal information from any person who is under the age of 14. Should Fantini Cosmi learn that it has received personal information belonging to individuals under the age of 14, it will make its reasonable efforts to remove such information from its archives.
The Agreement herein covers the use of several products and services of Fantini Cosmi; for the sake of clarity, in some cases, certain provisions of the Agreement herein refer only to a specific product or service.
1. LICENCE, LIMITATIONS
The Agreement herein applies to the use of the solutions connected to Fantini Cosmi, including the Fantini Cosmi software used on any Fantini Cosmi product and communication network; the Fantini Cosmi software, which allows web-based interface functionality and access to Fantini services; the Fantini Cosmi software for mobile device applications and any Fantini Cosmi network related to any of the aforementioned (collectively, the “Fantini Cosmi Services”) and to the licencing of the previously identified software products, which include computers and software applications and may include media, printed materials, and associated “online” or electronic documentation, as well as any future version, release, update, patch, error correction, and bug resolution of the aforementioned software (the “Fantini Cosmi Software”).
The System includes software owned by Fantini Cosmi and software licenced to Fantini Cosmi, and it is protected by Italian and international copyright laws and treaties, as well as by any other regulation and treaty relating to intellectual property. The System is licenced, not sold, to the Customer. Subject to the terms of the Agreement herein, Fantini Cosmi grants the Customer a limited, non-exclusive, non-transferable licence (without the right to sub-licence except as further provided below) aimed at the use of the System and the related Fantini Cosmi Software, exclusively for the Customer’s personal use in the management of his/her own home or business. The aforementioned licence includes the right to install the Fantini Cosmi Software on the Customer’s personal computer and/or mobile device and use the Fantini Cosmi Software in relation to his/her licenced use of the System. Any unregistered use, reproduction and distribution of the System are not permitted by Fantini Cosmi and violate the Italian and international copyright laws and are subject to civil and criminal penalties. The Customer is explicitly prohibited from making or distributing copies of the System, without prejudice to what is permitted by the applicable laws. All the rights of any kind in the System and all the other rights of Fantini Cosmi which are not explicitly granted by means of the Agreement herein are entirely and exclusively reserved to and by Fantini Cosmi (including the object code and the source code of the software). The Customer is prohibited from renting, leasing, copying, modifying, or translating the System or creating derivative works based on it. The Customer is prohibited from altering or removing any communication relating to the copyright or proprietary rights of Fantini Cosmi, nor any key appearing on the System or within it. The Customer is prohibited from decoding, decompiling, or disassembling the System. Without prejudice to what is defined therein, the Customer shall not grant access to the System to third parties, nor is the Customer authorised to make the result generated by the System or any outcomes of the System performance or functional evaluation available to third parties.
The System may contain or derive from materials of third party licensors. Such third party materials may be subject to additional limitations besides those listed in the Agreement herein. The Customer agrees that any third party supplier has the right to enforce the Agreement herein in relation to such third party software.
The System may contain Open Source Software provided to the Customer under the terms of the open-source licence agreement or the copyright notice accompanying the aforementioned Open Source Software. Within the Agreement herein, by the term “Open Source Software”, we mean any software, program, module, code, library, database, driver, or similar component (or any part thereof) that is proprietary, royalty-free software, the use of which requires any contractual obligation on the part of the user with respect to any third party or any licence that has been approved by the Open Source Initiative, Free Software Foundation, or similar groups.
2. PASSWORD AND ACCESS
The Customer agrees: (a) to provide accurate, current, and complete information about himself/herself, as it may be requested in the registration forms and (b) to maintain and promptly update such information. The Customer is required to create a username and password in order to log into the System. Should the Customer be provided with a temporary username and password, he/she is required to change such temporary credentials and create his/her username and password. It is the Customer’s responsibility to maintain the confidentiality of his/her password and account; furthermore, the Customer is fully responsible for all activities occurring in relation to his/her password, account, or additional account. The Customer agrees (a) to change his/her password immediately in the event of a security breach, (b) to notify his/her central station in case a security breach has occurred, and (c) to ensure that he/she logs out of his/her account at the end of each session. The Customer accepts that the terms of the Agreement herein will be binding and will govern the relationship between Fantini Cosmi and any third party to which the Customer grants access to his/her own account or whom the Customer allows maintaining an additional account. The Customer also agrees to take all the necessary actions to ensure the compliance and implementation of the terms of the Agreement herein and indemnify Fantini Cosmi from and against all costs, damages, losses, or expenses incurred in connection with such third party user. Fantini Cosmi is not responsible for any loss or damage due to the Customer’s failure to comply with the provisions of this Section.
Any failure of the Customer’s equipment may interfere with the network operations of the System. The Federal Communications Commission may require Fantini Cosmi to have immediate access to the Customer’s equipment in the event of an emergency. In case of an emergency, the Customer agrees to grant such access, if necessary, to his/her central station or dealer or Fantini Cosmi network representatives.
The Customer acknowledges and agrees that he/she may have the option to add additional parties to his/her account and that such parties will have full or partial access to the System, including but not limited to the ability to view and modify the Customer’s daily program and thermostat and/or the automation settings and programs of the house. Furthermore, the Customer acknowledges and accepts that Fantini Cosmi has no responsibility towards the Customer in relation to any actions of the aforementioned parties. The Client also acknowledges and agrees that, within the information of his/her account, he/she has the option to include information relating to his/her contractor or dealer and that such person may receive alerts from the System in relation to the Customer’s house (e.g. in case the temperature of the Customer’s house falls below 0° C) together with certain Contact Information (as defined below) so that to be able to identify the source of such alarm. In case he receives such alarms, the contractor or dealer may contact the Customer. The Customer acknowledges and agrees that Fantini Cosmi is not responsible for any action or failure to act by the aforementioned contractor.
3. PRIVACY POLICY OF FANTINI COSMI
For the purpose of accessing the reserved sections of this site and to able to receive information and promotional material concerning the company and its products, the User is required to fill in a registration form with his/her personal data, the sector where he/she operates, and the professional activity carried out. Furthermore, to forward any requests for assistance to the Technical Support Service and being contacted by it, the User is required to fill in a partial form asking only for the indication of name and surname, profession, email address and telephone number. In this regard Fantini Cosmi S.p.A. would like to inform the Users of its website with regards to the legislation in force concerning the processing of personal data.
Fantini Cosmi S.p.A. guarantees that the personal data collected will be processed according to lawfulness and correctness in compliance with all legal obligations, with specific reference to the provisions envisaged by art.1 of (It.) Legislative Decree 196/03, as amended by (It.) Legislative Decree no. 101/2018, and by the European Regulation no. 679/2016, and ensures the full protection of the User’s rights and privacy. In compliance with the provisions of art.13 of the Regulation and with specific reference to all information classified as “personal data” belonging to the User and provided to Fantini Cosmi S.p.A., or that may be provided and acquired in the future, we hereby communicate the following:
3.1. PURPOSE AND MODALITIES OF PROCESSING PERSONAL DATA
The purposes of the processing of personal data are the following:
- Execution of the contracts entered into with you and related commitments;
- Fulfilment of legal obligations related to the existing contractual relation;
- Organisational management of the contract;
- Pre-sales and after-sales assistance;
- Any external professional collaborations aimed at the fulfilment of legal obligations;
- Protection of contractual rights;
- Internal statistical analysis;
- Geolocation for the use oftheIntelliclima+ APP
- Newsletter;
- Marketing, by sending promotional material relating to products or services similar to those covered by the existing relationship or by the Company itself.
3.2. NATURE OF DATA PROVISION
The provision of data and the related processing are mandatory in relation to purposes no. 1, 2, 3, 4 and 5 concerning fulfilments of a contractual nature and/or legal obligations: the provision shall also be deemed mandatory in relation to the purposes referred to in points 6 and 7 concerning the performance of all the Data Controller’s necessary and functional activities, connected to any legal protection of the Data Controller as well. Refusal to provide data for the aforementioned purposes will make it impossible for the Data Controller to continue the contractual relations and fulfil the legal obligations.
On the other hand, the provision of data and its processing are optional in relation to purposes no. 8, 9 and 10: any refusal to provide data will make it impossible for the Data Controller to provide the aforementioned services/functionalities.
The Data Subject has the right to withdraw consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
3.2.1. GEOLOCATION PERMITS
Starting from August 2018, access to the location is mandatory for all the new Apps to perform the Wi-Fi scanning.
Intelliclima+ does not monitor the Customer, nor does it collect his/her location if the Geolocation function (available on some products) is not activated.
By activating Geolocation, Intelliclima+ will collect data concerning the Customer’s location even when the App is off or not in use. This allows Intelliclima+ to always know where the Customer is and thus optimise the use of his/her heating system when he/she leaves the house and when he/she is back.
The data will be collected and used only while such this feature is in use. Once deactivated, Intelliclima+ will stop detecting the Customer’s location.
Whilst fully respecting your privacy, the collected data are not saved. However, the location of your house is saved in your smartphone.
3.3. MODALITIES OF PROCESSING
Personal data will be processed in paper, computerised and telematic form and inserted in the relevant databases (customers, suppliers, administration, etc.), which may be accessed and known by those subjects expressly designated by the Data Controller authorised to process such personal data.
3.4. DURATION OF THE PROCESSING
Data will be processed for all the time necessary to execute the existing legal relation and, for administrative and accounting purposes, for a period of ten years from the termination of the contractual relation. As far as the newsletter is concerned, data will be processed for 36 months unless the subscription is renewed. For the purposes of marketing, data will be processed for 24 months from their recording and/or until the withdrawal of consent.
3.5. RECIPIENTS OF THE STATEMENT AND SCOPE OF DISCLOSURE OF PERSONAL DATA
In relation to the purposes indicated, the data may be communicated to the following subjects and/or to the categories of subjects indicated below, or it may be communicated to companies and/or persons who provide services, including external services, on behalf of the Data Controller, such as for example:
– sales agents;
– the Fantini Cosmi S.p.A technical assistance centres;
– companies providing technical/IT and marketing support to Fantini Cosmi S.p.A. with the purpose of providing the necessary information and assistance services required by the User when registering on the site;
– consulting companies;
– professional firms;
– competent authorities and/or Supervisory Bodies for the fulfilment of legal obligations;
– public administrations for their institutional purposes;
– qualified professionals for the purpose of studying and dealing with any legal and contractual problems.
The list of External Processors, including additional appropriate identification data, is available from the Data Controller.
The communication of data for their processing outside the Company is envisaged exclusively for the aforementioned purposes.
Personal data dissemination is not envisaged.
Data transmission to third countries or non-EU countries is not envisaged.
3.6. RIGHTS OF THE DATA SUBJECT
As far as the aforementioned processes are concerned, you may exercise the rights referred to in Chapter III of EU Regulation no. 679/2016, articles 15 – 22, which include:
- right to obtain confirmation about the existence of any data concerning you;
- right to know the origin of the data, as well as the logic and purpose on which the processing is based;
- right to obtain anonymous access, deletion, transformation or to block the data processed in violation of the law, as well as the right to obtain data updating, limitation, rectification, withdrawal, portability, and integration;
- right to object to the processing of the data for legitimate reasons;
- right to lodge a complaint to a supervisory authority pursuant to art. 77 of EU Regulation no. 679/2016 (http://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/4535524).
3.7. DATA CONTROLLER
The Data Controller is Fantini Cosmi S.p.A., with registered office in Caleppio di Settala (MI), Via dell’Osio No. 6 (email: privacy@fantinicosmi.it), to which the User can refer to exercise his/her rights and request any information.
4. VALIDITY AND TERMINATION; MODIFICATIONS TO THE SYSTEM; FEES
The Agreement herein becomes effective from the first day the Customer uses the System and shall remain in force as long as the Customer continues to use the System and Services and to pay all required service payments for the System. Fantini Cosmi may terminate the Agreement herein at any time in case the Customer fails to comply with any of the terms contained therein, including failure to pay for the service payments for the System, where applicable, with immediate effect. In case the Customer entered into a contract with a dealer for specific Services, his/her right to use such Services is subject to the dealer’s payment of all the sums due to Fantini Cosmi for the aforementioned Services. Furthermore, Fantini Cosmi may suspend or cancel the Customer’s access to the Services in the event the dealer does not pay for the Services provided by Fantini Cosmi. The Customer may incur additional expenses attributable to third-party suppliers in relation to his/her use of the System Services, of an independent portable device, or of the internet, for the transmission of data, video clips or the transmission of images, use of the internet, SMS, short code or other transmission duties, costs, or fees. In case Fantini Cosmi ceases to provide the Services to the Customer due to his/her failure to pay, or his/her dealer’s or central station’s failure to pay for the Services, Fantini Cosmi shall have no responsibility towards the Customer, which shall have to claim against his/her dealer for the return of any amount prepaid to them. On the basis of the Services included in the agreement or undersigned by the Customer, Fantini Cosmi may suspend or cancel any user’s account for inactivity. Based on the Services included in the Agreement or undersigned by the Customer, the Customer may terminate the Agreement herein through written notice to Fantini Cosmi. After termination of the Agreement herein, the licence granted under its terms and conditions shall be deemed as cancelled, and the Customer shall immediately cease use of the System. Fantini Cosmi reserves the right to charge, at any time and from time to time, the use of the System and to modify or suspend, temporarily or permanently, the System (or any part thereof) with or without notice. The Customer acknowledges that Fantini Cosmi has no responsibility towards him/her or any third parties for any System modification, suspension, or interruption. The Customer understands and accepts that in the event of him/her moving out, he/she will have to delete his/her account and will no longer be able to access the Fantini Cosmi System relating to his/her previous address.
5. WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY
THE SYSTEM IS PROVIDED TO THE CUSTOMER “AS IS” AND, EXCEPT FOR WHAT IS SPECIFIED IN THIS SECTION, ALL THE EXPRESS OR IMPLIED CONDITIONS (THAT IS TO SAY TERMS NOT CONTAINED IN THE AGREEMENT HEREIN BUT PROVIDED BY LAW OR OTHERWISE INCLUDED), STATEMENTS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR NON-INFRINGEMENT CONDITION, MERCHANTABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, SATISFACTORY QUALITY, NON-INTERFERING OR DERIVING FROM A TRANSACTION, LAW PRACTICE AND COMMERCIAL PRACTICE ARE EXCLUDED TO THE EXTENT PERMITTED BY THE APPLICABLE LAWS AND ARE EXPRESSLY DENIED BY FANTINI COSMI, ITS SUPPLIERS AND LICENSORS. Since some countries or jurisdictions do not allow limitations on certain warranties and statements, the aforementioned limitations may not apply in whole or in part to the Customer. The Customer may have additional rights as a consumer, which vary depending on the jurisdiction, and which are not specified in the Agreement herein.
In case Fantini Cosmi does not comply with the terms of the Agreement herein, it is liable for the loss or damages suffered by the Customer that are due to a foreseeable breach of the Agreement herein or to Fantini Cosmi’s negligence. FANTINI COSMI NOT BE LIABLE, AND EXCLUDES ANY LIABILITY, FOR ANY NOT FORESEEABLE LOSS OR DAMAGES SUFFERED BY THE CUSTOMER. Losses or damages are foreseeable when they are an obvious consequence of a violation by Fantini Cosmi or in case such losses or damages were envisaged by the Customer and by Fantini Cosmi at the time of signature of the Agreement herein.
Fantini Cosmi provides the Customer with the System, which has to be used exclusively under the terms and conditions of the Agreement herein. The Customer agrees not to use the System for any commercial purpose or resale unless such use is permitted under the Agreement herein. Furthermore, the Customer agrees that Fantini Cosmi has no responsibility for any loss or damage suffered in relation to (i) the accuracy, completeness, lawfulness, reliability, operability or availability of and to the content or information or material provided by or accessible through the System; (ii) the cancellation, failure to store, accidental disclosure, loss, misdelivery or non-timely delivery of any information or material unless such losses or damages are due to foreseeable breaches of the Agreement herein by or on behalf of Fantini Cosmi. Fantini Cosmi will in no circumstances be responsible for any information or events over which it has no control, including the content of online notice boards or other forums that refer to the System.
EXCEPT FOR WHAT OTHERWISE STATED IN THE AGREEMENT HEREIN, FANTINI COSMI, AS WELL AS ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS HAVE NO RESPONSIBILITY TOWARDS THE CUSTOMER FOR ANY LOSS OF BUSINESS PROFIT OR INTROITS, LOSS OF ACTIVITIES, BUSINESS INTERRUPTION, LOSS OF COMMERCIAL OPPORTUNITIES, LOSS OR DAMAGE OF DATA, LOSS OF CAPITAL OR LOSSES DUE TO AGGRAVATED, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, IN ANY WAY CAUSED, AND INCLUDED BY MEANS OF THE AGREEMENT HEREIN, FOR OFFENCE (INCLUDING NEGLIGENCE) OR IF DERIVING FROM THE CUSTOMER’S USE OR IMPOSSIBILITY TO USE THE SYSTEM, EVEN IF FANTINI COSMI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS WERE INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES. Such limitation of liability and exclusion of certain types of damages may not apply, in whole or in part, to the Customer, depending on the laws in force in his/her jurisdiction of residence.
Nothing contained in the Agreement herein shall in any way exclude or limit the liability of (i) Fantini Cosmi, its affiliates, officers, directors, employees, agents, suppliers and licensors, collectively, towards the Customer in relation to personal injury or death caused by their negligence; (ii) the responsibility of Fantini Cosmi towards the Customer for fraud or unlawful fraudulent declarations; or (iii) any liability of Fantini Cosmi that cannot be excluded under the laws in force and which may include consumer protection laws within the Customer’s jurisdiction.
Under no circumstances may Fantini Cosmi be held liable for damages resulting from the downloading or access to any information or material through the System, for any delays or failure to fulfil the obligations due to, directly or indirectly, natural events, forces or causes beyond Fantini Cosmi’s reasonable control, including but not limited to Internet problems, breakdowns of computer equipment, telecommunications equipment and power line, strikes, labour disputes, revolts, riots, public disorders, labour and materials shortages, fires, floods, storms, explosions, natural events, wars, government actions, orders by domestic or foreign courts, third parties’ failure to fulfil, or leaks or fluctuations in the heating, lighting or air conditioning systems.
6. NO WARRANTY
There is no warranty that the System will provide an adequate alarm in any given situation or prevent any personal damage or loss of property caused by any thefts, robberies, fires, overheating, cold, humidity or others. Furthermore, there is no warranty that the System on the Customer’s mobile device or computer will transmit or receive all signals sent by or to the Customer or its contractor or dealer relating to the System Services to which the Customer subscribed. The Customer acknowledges that the availability of the System Services depends on his/her computer, mobile device, home wiring, internet service provider, satellite service provider (in the case of geolocation services), and his/her mobile telephone service provider; furthermore, the Customer acknowledges that he/she is responsible for all payments associated with such use and for compliance with any agreement relating to such use. Moreover, the Customer acknowledges that neither Fantini Cosmi nor any network service provider can guarantee the security of any wireless transmission and that they are not responsible for any lack of security related to the use of any service. The Customer agrees not to resell any wireless services he/she was provided with as part of the System.
Fantini Cosmi shall have no responsibility for any loss or damage based on the claim that the System failed to provide a warning or alarm of any kind unless the claim relates to personal injury or death and the loss or damage is a direct result of Fantini Cosmi’s negligence or otherwise constitutes a breach of Agreement herein.
Fantini Cosmi does not guarantee that the system is compatible with all computers or mobile devices. The Customer is required to test such devices at home in order to check their compatibility before using them away from home.
7. VARIOUS PROVISIONS
In the event that Fantini Cosmi does not enforce, at any time, what is envisaged by the Agreement herein, this shall not be construed as a continuous waiver of any provision under the Agreement herein, nor shall it constitute prejudice to Fantini Cosmi’s right to take any future action in order to enforce the provisions contained therein.
The software and technical information provided for in the Agreement herein are subject to the Italian export control laws and may be subject to export and import regulations in other countries. The Customer agrees to comply with all the aforementioned laws and regulations and to be solely responsible for obtaining any import, export and re-export approval and licence necessary for the proper use of the software, as well as any technical information for the retention of the documentation proving compliance with the aforementioned laws and regulations.
The Agreement herein is governed and construed in compliance with the Italian law.
It is acknowledged and accepted that, without prejudice to any other provision of the Agreement herein, the violation of any provision of the Agreement herein by the Customer may cause irreparable damage to Fantini Cosmi; for this reason, the monetary payment of damages may be deemed as not adequate and, in such a case, Fantini Cosmi shall be entitled to obtain a prompt injunction in order to protect its rights under the Agreement herein, in addition to any other remedy available under the law.
The Agreement herein, the Customer’s subscription agreement (where applicable) and the Fantini Cosmi’s terms and conditions of sale accompanying the purchase of any equipment constitute the whole Agreement between the Customer and Fantini Cosmi and cancel or replace in their entirety any oral or written agreement previously existing between the Customer and Fantini Cosmi in relation to the Customer’s access and use of the System and related Services.
Neither the Agreement herein nor any other right, interest or obligation defined by the Agreement herein may be transferred or assigned by the Customer without the prior written consent of Fantini Cosmi. Fantini Cosmi may assign the Agreement herein, in whole or in part, at its sole discretion. The Agreement herein will be binding on the parties and each of their present and future officers, directors, employees, parents, affiliates, agents, successors, assignees, contractors, licensees, subsidiaries, relatives and guests and authorised users.
Each of the provisions, sections and paragraphs of the Agreement herein operate separately and shall be applicable to the maximum extent permitted by law and construed and applied to a lower limit, where necessary to remain valid. The invalidity or unenforceability of any provision of this Agreement shall not affect any of the other provisions, which shall remain in force unamended or unchanged.
