_{Updated February 23, 2023}

Residential IoT Services GmbH (hereinafter referred to as “RIoT”, “we” or “us”) welcomes you to our mobile application (also referred to as “Online Offer”). We thank you for your interest in our company and products.

1. We respect your privacy

   For us, the protection of your privacy during the processing of personal data and the security of all business data are important matters that we take into account in our business processes. We process personal data gathered during your visit of our Online Offer confidentially and only in accordance with statutory regulations.

   Data protection and information security form an integral part of our company policy.

2. Controller

   RIoT is the controller responsible for processing your data; any exceptions to this are outlined in this Privacy Notice.

   Our contact details are as follows:

   Residential IoT Services GmbH,

   Borsigstraße 4, 70469 Stuttgart

   Additional contact details can be found in our imprint.

3. Processing of personal data
   1. Basic principles

      Our mobile application “Home Connect Plus” (hereinafter referred to as “HC Plus” or “App”) offers features that are designed to give you more convenience at home. In order to provide our services (e.g. App functionality and control and automation of linked devices in your home) it is imperative that we process data that can be associated with you or another natural person (personal data).

      Personal data is all information that relates to an identified or identifiable natural person, for example names, addresses, telephone numbers, e-mail addresses and contractual, accounting and billing information, that expresses an individual’s identity.

      We only collect, process and use personal data if there is a legal basis to do so or if you have granted your consent for us to do so, for example during registration.

   2. Processing purposes and legal bases

      We, and the service providers commissioned by us, process your personal data for the following purposes:

      Provision of this Online Offer

      Legal basis: performance of a contract

      In order to integrate devices from external providers into HC Plus, it is imperative that we transmit data to the respective provider. Further information on this can be found in Section 3.5‚ “Integration of external devices into HC Plus”.

      Customer management

      Legal basis: performance of a contract

      Self-promotion, market research and reach analysis to the legally permitted extent or on the basis of consent

      Legal basis: consent, performance of a contract or our legitimate interest in direct marketing, provided that this complies with data protection and competition regulations

      Troubleshooting, optimisation of technical performance and analysis of the content consulted in anonymised format

      Legal basis: performance of a contract

      App analysis, optimisation of your HC Plus usage, connected devices and appropriate recommendations (automated features, devices) using tracking mechanisms or user profiles

      Legal basis: consent

      Sending of newsletters via e-mail

      Legal basis: consent

      Further information on this can be found in Section 3.6, “Newsletters with sign-up; right to withdraw”.

      Customer surveys

      Product and/or customer surveys via e-mail and/or telephone, provided that you have expressly opted into them.

      Legal basis: consent

      Raffles

      Running raffles in accordance with the respective terms and conditions.

      Legal basis: performance of a contract.

      Discount campaigns

      Conducting discount campaigns in accordance with the respective discount campaign terms and conditions.

      Legal basis: performance of a contract

      Community

      Running a community for registered members for the purpose of customer support, in accordance with the respective terms of use.

      Legal basis: performance of a contract

      Making contact following your call to the RIoT customer hotline

      Legal basis: legitimate interest with respect to the elimination of defects and the security of our services

      Your enquiry to RIoT

      Legal basis: performance of a contract or of pre-contractual measures or our legitimate interest in clarifying and responding to enquiries

      For the identification of defects and for security reasons

      Legal bases: To fulfil our legal obligations regarding data security and our legitimate interest with respect to the elimination of defects and the security of our services.

      The identification and elimination of defects requires the analysis of log files. For more information on the log files that we process for this, please refer to Item 3.3 of this Data Privacy Notice (“Categories of processed data” > “Log files”).

      Safeguarding and defending our rights

      Legal basis: our legitimate interest in asserting and defending our rights

   3. Categories of processed data

      The following data categories are processed in connection with the use of the App:

      User data

      We collect and use the following data in connection with the creation of a user account:

      • E-mail address (user ID)
      • User account information (e.g. first name, surname, postal address, date of birth, company name, telephone numbers)
      • Time zone and timestamp of last login
      • Language setting of your mobile end device
      • Consents granted and acknowledgement of data protection information.
      • IP address

      Device data

      Data that is assigned to your user account for each connected device as part of the “Connect device” function:

      • Brand of household appliance (e.g. Bosch or Siemens)
      • Device type (e.g. lamp, smoke detector, camera) and description (e.g. “model 123”)
      • Depending on brand, unique device designations based on serial number (e.g. “Max child’s bedroom lamp), where applicable
      • Device data for control and monitoring: Receive status data (e.g. current temperature, front door open, selected program), control device (e.g. on/off, start cleaning, finish lawn mowing, change light colour to blue), retrieve and change settings
      • Location information (where location-based functions are used, such as automated features (geofencing).

      Locally processed data

      Data that is exclusively processed on the end device and not persisted:

      • Installation status of apps of our partners on your device, in order to point out the possibility for a connection with Home Connect Plus

      App user data

      Summarised App usage data from all User interactions with the App, including features used, App crashes, duration of use, frequency of use, click behaviour in relation to control elements, control element settings and selections in drop-down menus.

      Log files

      During each use, specific information is automatically transferred from the Online Offer and stored by us in so-called log files.

      We store the log files for 30 days in order to identify defects and for security reasons (e.g. for information on hacking attempts), and then delete them. Log files that need to be stored for a longer period for evidence purposes are not deleted until the incident in question has been fully clarified and may be passed on to investigation authorities in individual cases.

      The following information is stored in these log files:

      • IP address (Internet Protocol address) of the end device used to access the Online Offer
      • Unique technical user ID
      • Activity status of the User
      • Unique device identifier of the User’s mobile devices in relation to the use of notifications Consent to binding legal texts along with the version, language, date, time
      • Unique technical partner identifier for manufacturers of devices connected to the App
      • Unique technical device identifier, device types of connected devices
      • Device status of and changes to connected devices, incl. date, time
      • Access control of connected devices, incl. date, time
      • Unique technical identifier of automated features
      • Unique technical identifier of created boards, rooms
      • Depending on manufacturer, user name and password where required
      • Date, time and duration of the visit
      • Internet address of the website used to access the Online Offer (URL of origin or referrer URL);
      • Operating system and information about the web browser used;
   4. Registration and login
      1. Registration and login with SingleKey ID

         You can register for our Online Offer using the SingleKey ID. The SingleKey ID was developed by Bosch.IO GmbH, Ullsteinstraße 128, 12109 Berlin, Germany (hereinafter referred to as “BIO”) for the Bosch Group in order to enable common users to use offers of different companies of the Bosch Group by means of uniform login data and to increase data security.

         The SingleKey ID is provided by BIO. If you wish to register with BIO for a SingleKey ID, the General Terms of Use for the registration and use of the SingleKey ID and BIO’s privacy notice for the SingleKey ID apply.

         After successful registration, you can also use the login data used for the SingleKey ID to log in to our Online Offer. For this purpose, we provide you with a login mask for the SingleKey ID from BIO. BIO then confirms your authorization and provides us with the data required for the use of our Online Offer (e.g. surname, first name, date of birth, company name, e-mail address, telephone numbers, postal address). Your password will not be transmitted to us.

         We and BIO have jointly determined the order of processing of personal data in the individual process sections. We and BIO are therefore joint controllers regarding the protection of your personal data within the process sections described below (Art. 26 GDPR):

         • Creation of the Home Connect Plus customer account via and login with SingleKey ID.
         • Overview and maintenance of master data via SingleKey ID.

         In the context of our joint controllership under data protection law, we have agreed with BIO that the obligations under the GDPR will be fulfilled by BIO. This concerns in particular the exercise of the rights of the data subjects (Art. 15 – 21 GDPR) and the fulfillment of the information obligations according to Art. 13 and 14 GDPR.

         For you as a data subject, this means that even if there is a joint controllership, the parties shall fulfill the obligations under data protection law in accordance with their respective responsibilities for the individual processing activities as follows:

         • Within the scope of joint controllership, the parties shall provide you, as a data subject, the information required under Articles 13 and 14 of the GDPR in a precise, transparent, comprehensible and easily accessible form in a clear and simple language, and free of charge. In doing so, each party shall provide the other party with all the necessary information from its sphere of activity.
         • The parties shall inform each other immediately of any legal positions asserted by you as a data subject. They shall provide each other with all the information necessary for responding to requests for information.
         • As a data subject, you will generally receive the information from BIO. Irrespective of this internal regulation, you as a data subject may also assert your rights against us.

         With regard to further data transfers within the Bosch Group associated with the SingleKey ID, we refer to BIO’s privacy notice for the SingleKey ID.

      2. Registration and login with Apple ID

         We offer you the option of registering and logging in for our Online Offer using the single sign-on function “Sign in with Apple”. This allows you to use the login data for your Apple ID for the use of our Online Offer. Your Apple ID is the account you use to log in to Apple services such as App Store, Apple Music, iCloud, etc. The function is provided by Apple Inc, Infinite Loop, Cupertino, CA 95014, USA (hereinafter “Apple”). Your personal data at Apple is controlled by Apple Distribution International Limited in Ireland (Hollyhill Industrial Estate, Hollyhill Cork, Ireland).

         You can use the “Sign in with Apple” function by clicking the “Continue with Apple” button in the login area of our App. When you select “Sign in with Apple”, your Apple ID will be linked to your Home Connect Plus account. When you do this, you have the choice of sharing or hiding your primary email address associated with your Apple ID. If you choose to hide your email address, Apple will create a unique, random email address. Anything sent to this email address will automatically be forwarded to your primary email address. If you share your primary email address with us, Apple will transmit your first and last name and email address associated with your Apple ID to us; if you do not share your primary email address with us, your first and last name and random email address will be transmitted to us. Your password is not transmitted to us at any time.

         Apple knows that you have activated the “Sign in with Apple” option for our Online Offer, but does not track which apps you sign in to or when. It cannot be ruled out that Apple may process data outside the European Economic Area (e.g. Apple Inc., USA). If necessary, Apple has concluded EU standard contractual clauses to establish an adequate level of data protection in such third countries.

         For more information about “Sign in with Apple,” visit Apple’s pages at: https://support.apple.com/en-us/HT210318.

         For more information about Apple’s data processing, please see Apple’s privacy policy at: https://www.apple.com/legal/privacy/en-ww/ and at: https://www.apple.com/legal/privacy/data/en/sign-in-with-apple/.

         If you do not want a data transfer to take place between us and Apple, then you must not register and sign in via “Sign in with Apple”. Instead, choose another available service for registration and sign-in.

      3. Registration and login with Google account

         We offer you the option of registering and logging in for our Online Offer using the single sign-on function “Log in with Google”. This allows you to use the login data for your Google account for the use of our Online Offer. The function is provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter “Google”). You can use the “Sign in with Google” function by clicking on the “Continue with Google” button in the login area of our App. You will then be redirected to a Google page where you can log in using your access data there.

         If you agree to the data exchange on the basis of a corresponding notice, your account with Google will subsequently be linked to your Home Connect Plus account and your e-mail address and, if applicable, information from your public Google profile will be transmitted to us.

         Google may collect your user agent, any cookies you may have previously received, and some other communication-related and technical parameters, such as your IP address, the version number of your browser, the browser type, the operating system, and the date and time. It cannot be ruled out that Google may also transfer data to recipients outside the European Economic Area (e.g. Google LLC, USA). If necessary, Google has concluded EU standard contractual clauses to establish an adequate level of data protection in such third countries.

         For more information about “Sign in with Google,” please visit Google’s pages at: https://policies.google.com/terms and https://support.google.com/accounts/answer/112802?hl=en.

         For more information on data processing by Google, please see Google’s privacy policy at: https://policies.google.com/privacy?hl=en.

         If you do not want a data transfer to take place between us and Google, then you must not register and sign in via Google. Instead, choose another available service for registration and login.

   5. Integration of external devices into HC Plus

      In order to integrate devices from external providers into HC Plus, you are generally required to register with the respective provider of the device and/or service and to accept any additional applicable provisions. You are also required to allow connection with HC Plus to enable the exchange of data.

      In order to provide HC Plus features to the connected device from an external provider, it is imperative that we transmit data to, and receive data from, the external provider in question. Please note that this exchanged data may also include personal information.

      The data that is exchanged depends on the specific device that is being connected. A list of the data to be exchanged, tailored to the specific device being integrated, shall be displayed for you to confirm before each integration is carried out by the respective provider.

      Typically, the following data is exchanged:

      • ID and access codes or – where technically necessary – passwords in order to enable Home Connect Plus to access the devices
      • Unique technical device identifier, device types of connected devices
      • Device status of and changes to connected devices, incl. date, time
      • Access control of connected devices, incl. date, time
   6. Newsletters with sign-up; Right of withdrawal

      As part of our Online Offer, you can subscribe to newsletters. Where your e-mail address has not yet been verified, we use the “double opt-in” procedure to do this; this means that we will only send you a newsletter via e-mail where you have expressly confirmed the activation of the newsletter service beforehand, by clicking on a link in a notification. In case you wish to no longer receive newsletters, you can terminate the subscription at any time by withdrawing your consent. Consent to e-mail newsletters can be withdrawn via the link contained in the newsletter. Alternatively, please contact us using one of the methods indicated in the “Contact” section (Section 15).

   7. Raffles and discount campaigns

      If you participate in a raffle or discount campaign held by us, we will use your data to notify you about the winner and for the purpose of advertising our products to the legally admissible extent or if you have consented to this. You can find detailed information about raffles and discount campaigns in the associated terms and conditions of participation.

   8. Communities

      We give you the option of becoming a member of our Home Connect Plus Community. In these Communities, you can register, create a user profile and communicate with other members. We will only use the data you have generated there for the relevant marketing, market research and customer service purposes that you agree to in your declaration of consent. You may withdraw this consent with effect for the future at any time by using the link in the Communities. Alternatively, please contact us using one of the methods indicated in the “Contact” section (Section 15). In the input screen for the Community in question, you have the option to select whether individual details of your user profile are to be published to all members of the Community or only to your “Community friends”, or whether they are to be kept private.

      All other data that you generate in the Communities, e.g. by posting comments or images, will automatically become publicly accessible and will be linked to your user profile. Further information can be found in the Home Connect Plus Community terms and conditions of participation.

   9. Forwarding data to other recipients
      

      Forwarding data to other controllers

      We will only ever pass on your personal data to other controllers if this is necessary in order to perform the agreement, if we or the third party have/has a legitimate interest in passing on the data, or if you have granted your consent to this. Particulars on the legal basis and the recipients or categories of recipients can be found in Section 3.2, “Processing purposes and legal bases”. In addition, data can be passed on to other controllers if we are obliged to do so on the basis of legal provisions or enforceable official or judicial orders.

      Forwarding data to service providers

      We engage external service providers to carry out tasks such as customer surveys, programming, data hosting, sales and marketing, contract management and technical operations. We have selected these service providers with care and monitor them on a regular basis, particularly with regard to the careful handling and safeguarding of the data they store. All the service providers are required by us to maintain confidentiality and comply with statutory requirements. Service providers may also be other companies in the Bosch Group.

      Forwarding data to recipients outside the EEA

      We may also transfer personal data to recipients that are located outside the EEA, in so-called third countries. In this case, we shall ensure before transmission that an appropriate level of data protection exists at the recipient or that you consent to the transmission of this data.

      You are entitled to receive an overview of third country recipients and a copy of the specifically agreed provisions securing an appropriate level of data protection. For this purpose, please use the details in the “Contact” section (Section 15).

   10. Storage period; Retention periods

       We store your data for as long as necessary to provide our Online Offer and the services associated with it, or for as long as we have a legitimate interest in storing it further (e.g. we may still have a legitimate interest in postal marketing even after the agreement has been performed). After this time, we will erase your personal data, with the exception of the data that we must continue storing in order to comply with legal obligations (e.g. due to retention periods under tax and commercial law, we are obliged to retain, for example, contracts and invoices for a certain period).

4. Processing of your location data

   Our Online Offer also includes “location-based services”, which we use to provide you with special offers tailored to your specific location. We do not use this data to create a movement profile. You can deactivate this function in the settings of the respective app or via the operating system of your mobile device; you can also reactivate it or temporarily deactivate it using the pause mode without affecting the basic functionality of the App.

   Geofencing

   Our app gives you the option of using the “if-then” principle to determine which processes should be carried out automatically (“automations””). You can also link the trigger or the condition for the execution of an automation to whether you enter or leave a geofence you have specified or whether you are in it or not. We call a “geofence” a virtual zone in a geographic area that you can set up on a map in the app.

   To provide you with this functionality, the app uses SDKs (Software Development Kits). This allows us to show you the map and derive the appropriate geographic coordinates for the triggers you have programmed.

   SDKs are programming tools and program libraries used in development. Depending on which operating system you use, the app uses the service Google Maps SDK (Software Development Kit) for Android or Apple Maps SDK for iOS.

   If you use Android as the operating system, data will be exchanged with Google by using the Google Maps SDK. If you use iOS as the operating system, data is exchanged with Apple by using Apple Maps SDK data. Among other things, the location of your mobile device or the app ID can be transmitted to and processed by Google or Apple servers.

   It cannot be ruled out that Google or Apple may also transmit data to recipients outside the European Economic Area (e.g. Google LLC, USA or Apple Inc., USA). If necessary, Google and Apple have concluded EU standard contractual clauses in order to establish an appropriate level of data protection in such third countries.

   Further information on the scope and purpose of the data collected, on further processing and use of the data by Google or Apple, on possible transfers of personal data to third countries such as the USA, on your rights and the data protection options you can choose can be found in the data protection information from Google or Apple.

5. Notifications to your smartphone (push notifications)

   To deliver notifications to your end device (“push notifications”), we use the Google Firebase Cloud Messaging service, which is operated by Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland. To do this, a “Google Firebase Cloud Messaging Registration Token” is generated during installation and setup of our App; this token uniquely identifies the App installation on your device and enables push notifications to be sent. When using Google Firebase Cloud Messaging, data may also be transmitted to countries outside the EU (“third countries”), where there may be a lower level of data protection than in the EU. In this respect, it cannot be ruled out that the information collected may also be transmitted to and stored on a Google server in a third country, in particular a server of Google’s parent company, Google LLC, located at 1600 Amphitheatre Parkway, Mountain View, California, USA.

   Further information relating to Google Firebase Cloud Messaging can be found at:
   https://firebase.google.com/products/cloud-messaging/
   and in Google’s Privacy Policy at:
   http://www.google.de/intl/de/policies/privacy.

6. Processing the advertising identifier/advertising ID

   For advertising purposes, we use an “Advertising Identifier” (IDFA) for devices with an iOS operating system and an Advertising ID for Android devices, provided that you provide your consent to this. These are non-permanent identification numbers for a specific device that are provided by iOS or Android. The data collected in this way is not linked to other device-specific information. We use the identification numbers to provide you with personalised advertising and to analyse your usage. Where you activate the “No ad tracking” option via “Privacy” – “Advertising” in the iOS settings, or activate “Disable interest-based advertising” via “Google Settings” – “Advertising” for Android, our actions are restricted to the following: Measuring your interaction with banners by counting the number of times a banner is displayed without being clicked (“frequency capping”), click-through rate and unique user tracking, along with security measures, fraud prevention and troubleshooting. You can delete the IDFA or Advertising ID in the device settings at any time (“Reset Ad ID”); this creates a new ID number that is not associated with the previously collected data. Please note that if you limit use of the identification number, you may not be able to use all the functions of our App.

7. Processing of information about the device location

   Our App offers you the possibility to define which processes should be executed automatically according to the “if-then” principle (“automations”). Here you can also link the trigger of an automation to the sunrise and sunset at the location of your smart home device. For the location-based calculation of the sunrise and sunset, we use the Google Maps Geocoding API, which is provided by Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, (“Google”). This allows us to derive the appropriate geographic coordinates for the device location you provide. For this purpose, the device location, the App ID and the API key are transmitted to Google servers and processed there. If necessary, the data may also be transferred to recipients outside the EEA where there is no adequate level of data protection in accordance with the GDPR (e.g. USA). For more information on data protection at Google, please refer to Google’s privacy policy at https://policies.google.com/privacy.

8. App analysis

   We need statistical information about the use of our Online Offer in order to make it more user-friendly, measure reach, and conduct market research. For this purpose, we use the app analysis tools described in this section. The providers of the tools process data only as processors in accordance with our instructions and not for their own purposes. You will find information on the respective provider for each tool below. If these tools use tracking mechanisms or user profiles, we will only use these tools if you have given us your prior consent to do so. Please note that when using the tools, your data may be transferred to recipients outside the EEA where there is no adequate level of data protection in accordance with the GDPR (e.g. USA). Details on this can be found in the following description of the individual tools.

   Firebase Analytics for mobile applications

   The analysis service Firebase Analytics is provided by Google Ireland Limited (“Google”), with offices at Gordon House, Barrow Street, Dublin 4, Ireland. The collected data help us to analyze and optimize your use of HC Plus. It cannot be ruled out that information will also be passed on to Google LLC in the USA.

   Function: Technical analysis (e.g. uninstall, crash, update, screen size and frequency of use).

   Firebase Analytics is only used if you have given us your prior consent to do so. You can give your consent in the settings of the App. The legal basis for the data processing is Art. 6 para. 1 lit. a DSGVO.

   You can withdraw your consent at any time with effect for the future by deactivating the function “I allow the collection of my technical device data to improve the app” in the App settings.

   For more information on data protection at Google, please see Google’s privacy policy at https://firebase.google.com/terms/analytics/, https://firebase.google.com/support/privacy and https://firebase.google.com/#data-collection-policies.

   Firebase Crashlytics

   To improve the reliability and stability of our App, crash reports are essential. For this we use the service “Firebase Crashlytics”, which is operated by Google Ireland Ltd, Google Building Gordon House, Barrow Street, Dublin 4, Ireland.

   In the event of a crash of our App, a crash report is transmitted to Google Ireland. It cannot be ruled out that information is also passed on to Google LLC in the USA. The crash reports contain information related to your use of our App (in particular App version, time of crash, brand of device, device model, serial number, screen orientation, free RAM, free hard disk space, operating system and its version, whether rooting was performed, stack trace and last log messages).

   Crash reports are only sent if you have previously given us your consent to do so. You can give your consent in the App settings or after a crash. The legal basis for data processing is Art. 6 (1) lit. a DSGVO.

   You can withdraw your consent at any time with effect for the future by deactivating the function “I allow the collection of my technical device data to improve the app” in the App settings.

   For more information on data protection at Google, please refer to Google’s privacy notices at https://firebase.google.com/support/privacy, https://firebase.google.com/#data-collection-policies and https://firebase.google.com/terms/data-processing-terms/.

   Adjust

   For our app, we use the analytics service “Adjust”, which is provided by Adjust GmbH, Saarbrücker Straße 37a, 10405 Berlin, Germany.

   This service is used to analyze user behavior and thus optimize our advertising campaigns.

   Adjust can document the path a user takes from seeing an ad to installing our app. For example, by determining which advertising campaign made you aware of our app before you downloaded our app, we can measure the success of our advertising efforts and improve our advertising campaigns.

   Adjust also helps us tailor our ads to your interests. If you download our app as part of a particular marketing campaign, Adjust analyzes your app usage for this purpose (e.g., which features you use frequently).

   For these purposes, Adjust uses your device identifiers including advertising IDs (e.g. IDFA if your operating system is iOS or AAID if your operating system is Android). Advertising IDs are identifiers that can be used by developers and advertisers to recognize your mobile device. In addition, other information is processed for the above purposes, such as, in particular, your

   • IP addresses
   • MAC addresses
   • HTTP headers including the SDK version from Adjust
   • User agent (country, language, local settings, (version of the) operating system) as well a
   • App version
   • Information about your device and web activity
   • App and event tokens
   • Interactions within our app (e.g., frequently used features or embedding a device from an external provider)
   • Interactions on other companies’ ad networks

   Adjust also uses your device identifiers to display relevant ads to you on your mobile device on other companies’ ad networks (e.g., social media platforms like Instagram).

   Based on the events tracked by Adjust (e.g., watching a video about smart home), your device identifier can assign ads that we play on other companies’ ad networks as relevant to you. In order for the respective provider of the external advertising network to understand to which user it should display the relevant advertisement, Adjust passes on your advertising ID to the respective provider. These providers may in part be able to link advertising ID and thereby show you personalized advertising on apps and websites of other companies.

   It follows that the information collected may be shared with other companies for the above purposes and used to recognize you across apps and websites.

   Please note that when using Adjust, your data may be transferred to recipients outside the EEA where there is no adequate level of data protection under the GDPR (e.g., USA).

   We only use Adjust if you have previously given us your consent to do so. You can give your consent in the settings of the app. The legal basis for the data processing is Art. 6 para. 1 lit. a DSGVO and, insofar as information is stored and/or retrieved in your terminal equipment, also Section 25 para. 1 TTDSG.

   You can revoke your consent at any time with effect for the future by deactivating the service in the app settings.

   For more information on data protection at Adjust, please refer to Adjust’s privacy policy at For more information on data protection at Adjust, please refer to Adjust’s privacy policy at https://www.adjust.com/terms/privacy-policy/.

   You can reset the unique advertising ID of your device at any time in the device settings or deactivate it if necessary.

   All information collected by Adjust will be deleted no later than 30 days after inactivity or deactivation of tracking. In addition, you can delete all data associated with your advertising ID at any time via the following link: https://www.adjust.com/forget-device/.

9. “Discover” tab

   The “Discover” tab integrated into our App is a separate area of the App. Here we provide you with various content related to our products and services. In the context of the “Discover” tab, we may process further personal data from you and cookies and tracking mechanisms may be used. In addition, we use the video platform “Vimeo” in this area. We provide you with more detailed information on these data processings and on the use of cookies and tracking mechanisms in the context of the “Discover” tab in separate data protection notices. You can view these either in the “Discover” area of the App or under the following link: https://www.home-connect-plus.com/gb/en/discover/data-privacy-imprint/.

10. Data processing by app store operators

    If you transfer data such as your username, e-mail address and individual device codes to an app store (e.g. Google Play from Google, the Apple App Store or Samsung’s Galaxy App Store) when you download an app, this does not constitute data collection on our part and is outside our area of responsibility. We have no influence on this form of data collection or further processing by the app store, which is the controller.

11. External links

    Our Online Offer may contain links to third-party websites or applications, i.e. providers not affiliated with us. Upon clicking on the link, we have no influence on the collecting, processing and use of personal data possibly transmitted by clicking on the link to the third party (such as the IP address or the URL of the site on which the link is located) as the conduct of third parties is naturally beyond our control. We do not assume responsibility for the processing of personal data by third parties.

12. Data Safety

    Our employees and the service providers we engage are committed to maintaining confidentiality and complying with the provisions of the applicable data protection laws. We take all necessary technical and organisational measures to guarantee an adequate level of protection and to protect your data that is managed by us, particularly against risks from unintentional or unlawful destruction, manipulation, loss, alteration or unauthorised disclosure or access. Our security measures are constantly being improved in line with technological developments.

13. Obligation to provide personal data

    You must provide the personal data that is necessary in order to establish and conduct a business relationship and to fulfil the associated contractual obligations, or that we are legally obligated to process. We indicate this required personal data in each of the forms or functions by means of an asterisk (*). Please note that if you do not provide this personal data, we will not be able to enter into or execute an agreement with you. In this case, it will not be possible to use the Online Offer or other services (see “Processing purposes and legal basis”).

14. User rights

    To exercise your rights, please use the details in the “Contact” section (Section 15). When doing so, please ensure that we can clearly identify you.

    Right to information and access

    You have the right to receive information from us about the processing of your data. In this respect, you can exercise your right to obtain information about the personal data concerning you that we process.

    Right to rectification and erasure

    You can demand that we rectify incorrect data. Provided the statutory provisions are met, you can demand the completion or erasure of your data. This does not apply to data which is necessary for billing or accounting purposes or which is subject to a statutory retention period. If access to such data is not required, any processing of it will, however, be restricted (see below). The User can independently delete its user and device data in the App settings.

    Restriction of processing

    Provided the legal requirements are met, you can demand that we restrict the processing of your data.

    Data portability

    Provided the statutory provisions are met, you also have the right to receive data, which you have provided to us, in a structured, commonly used and machine-readable format and, where technically possible, have the right to transmit that data to a third party.

    Objection to direct marketing

    In addition, you can object at any time to the processing of your personal data for marketing purposes (“objection to marketing”). Please note that, due to organisational reasons, there may be some overlap between the time of your objection and the use of your data as part of an ongoing campaign.

    Objection to data processing where the legal basis is a legitimate interest

    You also have the right to object at any time to data processing by us if the data processing is based on a legitimate interest. We will then stop processing your data unless we can demonstrate – in accordance with legal requirements – compelling legitimate grounds for the processing that override your rights.

    Withdrawal of consent

    If you have given us your consent to process your data, you can withdraw it at any time with effect for the future. The lawfulness of data processing prior to your withdrawal remains unchanged. The User can independently delete its user and device data in the App settings.

    Right of appeal to a supervisory authority

    You have the right to lodge a complaint with a data protection supervisory authority. You can appeal to the supervisory authority responsible for your place of residence or the supervisory authority responsible for us. The latter is: State Commissioner for Data Protection and Freedom of Information for Baden-Württemberg Address: Lautenschlagerstraße 20, 70173 Stuttgart, Germany; Postal address: Postfach 10 29 32, 70025 Stuttgart, Germany; Tel.: +49 (711)/615541-0; Fax: +49 (711)/615541-15; E-mail: poststelle@lfdi.bwl.de.

15. Contact

    If you would like to contact us, you can use the address given in the “Controller” section (Section 2). Please use the following link to exercise your rights and report data protection incidents:
    https://www.bkms-system.net/bosch-datenschutz.

    For suggestions and complaints with regard to how your personal data is processed, we recommend that you contact our Data Protection Officer:

    Data Protection Officer
    Information Security and Data Protection department for the Bosch Group (C/ISP)
    Robert Bosch GmbH
    Postfach 30 02 20
    70442 Stuttgart
    GERMANY

    or

    E-Mail: DPO@bosch.com

16. Children

    This Online Offer is not meant for children under the age of 16 years.

17. Changes to the Privacy Notice

    We reserve the right to change our security and data protection measures. In such cases, we will also amend our Privacy Notice accordingly. Therefore, please observe the latest version of our Privacy Notice.

_{As of: 12.01.2022}

1. Scope, Provider, Language of the agreement
   1. These terms of use (“Terms of Use“) shall apply to the use of Home Connect Plus (“Home Connect Plus”), as offered by Residential IoT Services GmbH, Borsigstraße 4, 70469 Stuttgart, Germany (“Provider“) for the use by registered end users (“Users“). Detailed information on the Provider is provided in the corporate information.
   2. The language for the conclusion of the agreement is English.
   3. The User may retrieve and print out the currently valid Terms of Use at https://www.home-connect-plus.com/gb/en/app-legal/.
2. Conclusion of agreement, Services, Availability
   1. Following the completion of the registration process by the User and activation of a user account by the Provider, a legal contract is concluded between the Provider and the User (“User Agreement“).
   2. After conclusion of the User Agreement, the User is entitled to use or book various services (“Services“), namely:
      1. Free Services (“Basic Services”);
      2. Free Services for which the User provides or undertakes to provide personal data and which the Provider does not process solely for the purpose of fulfilling its obligation to perform or legal requirements imposed on it (“Basic Services Plus”);
      3. Paid Services which extend or modify the functional scope of the Basic Services and Basic Services Plus (“Premium Services“);
      4. Services offered by affiliated companies of the Provider or third parties (“Partners“) (“Partner Services“). P artners may be either consumers or entrepreneurs. If a Partner is not an entrepreneur, consumer protection provisions are not applicable in the relationship between Partner and User.
   3. The Services include, for example, the provision of software functionalities, data, contributions, image and sound documents, information and other content (“Content“).
   4. The type and scope of the Services provided, as well as details of their technical requirements and availability, are set out in the service description at https://home-connect-plus.com. The service description serves only to describe the Service and contains neither statements as to quality nor guarantees.
   5. Access to the Services is either browser-based via a domain (“Website”), as an app for use on compatible mobile end devices such as smartphones or tablets (“App”) or via special, compatible hardware (“Hardware”), at the discretion of the Provider. Individual functionalities of the Services may be restricted in each case depending on the access type.
   6. Availability
      1. The Provider shall endeavour to ensure that the use of the Basic Services is as uninterrupted aspossible within the scope of its technical and operational abilities, but there shall be noentitlement touninterrupted use. It is not warranted that access to or use of Basic Services will not be interruptedorimpaired by maintenance work, further developments or otherwise by disruptions.
      2. Unless otherwise agreed, the Provider warrants an availability of 98.0 % per calendar year for Basic Services Plus and Premium Services. This does not include periods during which these Basic Services Plus and Premium Services cannot be accessed due to technical or other problems for which the Provider is not responsible, or due to maintenance work carried out, usually once a month and in low service usage periods, whenever reasonably possible.
3. Conditions of use
   1. Access to Home Connect Plus and use of the Services require a user account, which the Provider makes available to the User (Section 4).
   2. The User is responsible for creating and maintaining the technical requirements necessary in the User’s area of responsibility for the contractual use of the Services (especially the necessary Hardware, web browser, mobile end device, internet access).
   3. To use the Services via the App, the User must download and install the App on his/her smartphone or tablet. The App is available for Android and iOS and must be installed via the respective app store. Details on technical requirements, functionalities and operating instructions are available at https://home-connect-plus.com. The operating instructions serve only to describe the Service and contain neither agreements on quality nor guarantees.
   4. Some Services may require special, compatible Hardware, which must be paired with the App and the user account. These can be found in the service description. If the User is no longer entitled to use the Hardware (e.g. due to sale), he/she is obliged to unpair the Hardware immediately.
4. Registration, User account
   1. Registration shall be carried out when the App is started for the first time or via the Website of the Provider and requires the use of an authentication service (e.g. Bosch ID, SingleKey ID, Apple ID, Google account). Separate Terms of Use apply here, which the User must accept separately during registration for the authentication service.
   2. After entering the login data for the authentication service, the User is asked to provide additional information, e.g. name, address, registered e-mail address (“Registration Data“). These Registration Data shall be provided in full and correctly. The User is obliged to always keep the Registration Data up to date.
   3. In order to complete the registration process and submit the Registration Data, the User is required to agree to the application of these Terms of Use.
   4. By providing the Registration Data, the User submits an offer to the Provider to enter into the User Agreement on the basis of these Terms of Use. Acceptance of the User’s offer by the Provider is effected by means of an e-mail confirmation and activation of the User’s account.
   5. The Provider reserves the right to verify the identity of the User immediately after submission of the Registration Data or at a later point in time, for example by requiring a User to click on an activation link sent to the User’s e-mail address or to enter a code sent to a mobile phone number of the User. Until the User has provided the required verification, the user account remains blocked. If the registration is not completed, the Provider reserves the right to delete the incompletely registered user account.
   6. There shall be no entitlement to registration. The Provider is entitled to not accept a registration without reason.
   7. Each natural person is only permitted to register once with a user account. User accounts are not transferable.
   8. The User is obliged to handle his/her login data with care, not to disclose them to third parties and/or not to allow third parties to access the user account by circumventing the login data. The User is liable for all activities that take place using his/her user account and for which the User is responsible. The User shall immediately change his/her password for his/her user account if he/she has reason to believe that the login data may have become known to unauthorised persons.
5. Booking of Premium Services, Technical steps up to the conclusion of the agreement and correction of input errors, Conclusion of the agreement
   1. Where available, the User is able to book Premium Services via the App or the Website. The use of Premium Services is subject to these Terms of Use unless different terms of use are specified at the time of booking.
   2. The presentation of a Premium Service shall not constitute a binding offer by the Provider, but merely an invitation to make bookings (invitatio ad offerendum).
   3. As part of the booking process, the User shall be informed of the essential features of the Premium Service, the prices, the terms of payment and delivery, terms, periods of notice, information on the right of withdrawal and other details (“Product Information“).
   4. To the extent that a booking of the Premium Services is offered via the Website or the App, the following shall apply:
      1. To start a booking, the User shall either place the desired Premium Service in his/her shopping cart or click on “ACTIVATE” on the product page of the Premium Service. The User can make changes in the shopping cart at any time or remove the Premium Service from the shopping cart completely. After clicking on the button “CONTINUE” or “TO CHECKOUT”, the User shall enter his/her data and select, for example, the duration and method of payment.
      2. On the following order overview page, the User can check his/her entries. To correct input errors (e.g. in the payment method or the data), the User shall click on “EDIT” next to the respective fields. The booking process can be cancelled at any time, e.g., by closing the browser window.
      3. By clicking the button “Order with obligation to pay”, the User submits a binding offer to book the Premium Service. Immediately after sending the booking, the User receives an automatic confirmation of receipt of the booking by e-mail, in which the booking is listed. The automatic confirmation of receipt of the booking shall document that the User’s booking has been received by the Provider and does not yet constitute acceptance of the contractual offer. The contractual relationship for the Premium Service comes into effect as soon as the Provider accepts the User’s offer. The acceptance can be made explicitly, e.g., by a contract confirmation by e-mail, or by providing the Premium Service.
      4. The text of the agreement (consisting of the Product Information, the Terms of Use, the service description, if applicable, and the information on withdrawal) shall be sent to the User on a permanent data carrier (e.g. e-mail). A storage of the text of the agreement by the Provider does not take place, the text of the agreement is then no longer accessible for the User.
   5. The Provider is also entitled to offer Premium Services free of charge on a trial basis for a certain period of time (“Trial Subscription“). If the Trial Subscription is not cancelled in due time, it shall become a paid Premium Service from the first day after the expiry of the Trial Subscription.
6. Partner Services
   1. Home Connect Plus may offer the User the opportunity to book Partner Services with Partners free of charge or for a fee. Bookings made by the User for Partner Services are forwarded to the Partners on the User’s behalf.
   2. The agreement on the respective booked Partner Services is concluded directly and exclusively between the User and the respective Partner. The Provider shall not become a contractual partner of the User and shall not assume any responsibility for an agreement concluded with a Partner via Home Connect Plus. The Provider is also not a representative of the Partner. In the relationship with the User, the Partner is solely responsible for the provision of its Partner Services, as well as for any complaints on the part of the User, even if the Provider, under certain circumstances, assumes individual obligations as the operator of Home Connect Plus as a vicarious agent of the Partner. This does not entitle the User to any contractual claims of his own against the Provider. The Provider does not assume any warranty for the correctness and completeness of the information provided and declarations made by the Partner.
   3. Payment for Partner Services is made directly to the Partner.
   4. Notwithstanding the provisions of Section 6.2, by virtue of statutory VAT provisions and for VAT purposes only, it is deemed that the Provider becomes part of the legal transactions concerning the ordering of Partner Services via Home Connect Plus between Partners and the User: The Provider is deemed to act on its own behalf and for the account of Partners. Partners shall consequently invoice the Provider for the remuneration (or the Provider shall issue a VAT credit note to the Partner) and the Provider shall invoice the User for the remuneration.
7. User Content
   1. The Provider may enable the User to post, upload, store, create, share, send or display his/her own content (“User Content“) and make it available to third parties (“Transfer“), subject to the following provisions.
   2. The User is obliged not to transfer any User Content which, by its content, form, design or in any other way, violates the Terms of Use, applicable law or morality or infringes the rights of third parties.
   3. The Provider may prescribe rules of conduct for the Transfer of User Content and for communication and interaction with other Users.
   4. By the Transfer of User Content, the User shall grant the Provider a non-exclusive, irrevocable right of use, without territorial or content restrictions, transferable to third parties and free of charge, to the User Content for the purpose of providing Home Connect Plus and the Services offered via it. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of making available to the public. The User remains the owner of respective User Content.
   5. If the User has transferred User Content in connection with a Basic Service Plus and/or Premium Service, the right of use granted in accordance with Section 7.4 shall expire when the termination becomes effective or upon withdrawal by the User This does not apply if the User Content
      1. has no use outside the context of the Basic Services Plus and/or the Premium Services,
      2. is exclusively related to the use of the Basic Services Plus and/or the Premium Services by the User,
      3. has been aggregated by the Provider with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort, or
      4. was generated by the User together with other Users, provided that other Users can still use the User Content.

      For User Content containing personal data, the provisions of the data protection notice (Section 17) shall prevail.

   6. The User shall waive the right to author attribution.
   7. To the extent that the Provider expressly offers the option of removing transferred User Content, the aforementioned right of use and exploitation shall expire upon deletion of the User Content. However, the Provider remains entitled to retain copies made for backup and/or verification purposes, subject to applicable data protection legislation.
   8. The User is responsible for the User Content posted by him/her. The Provider shall not assume any responsibility for checking the completeness, correctness, legality, topicality, quality and suitability for a particular purpose of the User Content.
   9. The Provider is entitled to refuse the posting of User Content and/or to edit, block or remove User Content already posted without prior notice if the posting of User Content by the User or the posted User Content itself violates these Terms of Use, rules of conduct or legal regulations, or if the User has otherwise culpably violated contractual obligations. In this case, the Provider will take into account the legitimate interests of the User and choose the mildest means to avert a violation. The Provider shall inform the User of this measure by e-mail.
8. Home Connect Plus Content
   1. All rights in the Provider’s Services and their Content (“Home Connect Plus Content“) are owned exclusively by the Provider or its licensors and are protected by copyright or other intellectual property rights. The compilation of Home Connect Plus Content is also protected as such by copyright.
   2. The Home Connect Plus Content may only be accessed and displayed online for the User’s own non-commercial purposes during the term of the User Agreement. The User is prohibited from copying, distributing and/or publishing Home Connect Plus Content.
   3. If Home Connect Plus is used in the context of a commercial or professional activity, the User may use the Home Connect Plus Content available via Home Connect Plus exclusively for his/her own internal business purposes. Any further commercial use of the available Home Connect Plus Content is prohibited (see also Section 10).
9. Third Party Content, Third Party Services
   1. Home Connect Plus and the Services may contain links to Content that is not exclusively provided by the Provider, but by Users, Partners or other third parties (collectively, “Third Party Content“).
   2. This may also include the possibility of connecting the user account or the Services with Third Party Content that is part of an application (e.g. app of a third party) offered externally by third parties (“Third Party Services“). If the User makes use of Third Party Services, the User shall be responsible for the costs associated therewith and compliance with the Terms and Conditions applicable to the Third Party Services.
   3. The Provider does not check Third Party Content and Third Party Services for completeness, correctness and legality and does not adopt them as its own. In particular, the Provider does not check the security aspects in connection with Third Party Content and Third Party Services. Therefore, the Provider does not assume any warranty for the completeness, correctness, legality and up-to-dateness of the Third Party Content and Third Party Services. This also applies with regard to the quality of the Third Party Content and Third Party Services and their suitability for a specific purpose, and also insofar as it concerns Third Party Content on linked external websites that may be viewed by way of framing.
   4. The Provider will, at its sole discretion, investigate reasonable indications of violations of these Terms of Use or any illegality of individual Third Party Content or Third Party Services (or parts thereof) and, if necessary, take appropriate measures to discontinue this condition. In particular, the Provider will immediately remove illegal Third Party Content as soon as the Provider becomes aware of its illegality and insofar as this is technically possible.
10. Prohibited activities
    1. The Services available through Home Connect Plus are intended solely for the non-commercial use of the User. Any use for or in connection with commercial purposes is prohibited unless such use has been expressly permitted in advance and in writing by the Provider. Unauthorised commercial use includes in particular:
       • Offers and promotion of paid Content and Services, both our own and those of third parties;
       • Offers, promotions and implementation of activities with a commercial background, such as prize competitions, raffles, barter transactions, advertisements or snowball systems;
       • Collecting electronically or otherwise the identity and/or contact details (including e-mail addresses) of Users (e.g. for sending unsolicited e-mails);
       • The exploitation of the Services available via Home Connect Plus, including the Content offered herewith, in return for payment.
    2. The User is prohibited from any activities on Home Connect Plus and in connection with the use of the Services that violate these Terms of Use, applicable law or morality. In particular, the User undertakes to comply with applicable law and not to infringe the rights of third parties.
    3. Also prohibited is any action that is likely to impair the operation of Home Connect Plus, as well as the Services, and the technical infrastructure behind them. This includes in particular
       • the Transfer of Content that contains viruses, worms, malware, trojans or harmful properties;
       • the use of software, scripts or databases in connection with the use of Home Connect Plus and the Services;
       • the automatic reading, blocking, overwriting, modification, copying of data and/or other Content, except as necessary for the proper use of Home Connect Plus and the Services;
       • activity to decrypt, decompile, disassemble, reconstruct, or otherwise attempt to discover the source code, any software or proprietary algorithms used, except as permitted by mandatory non-waivable provisions.
    4. If the User becomes aware of an illegal, abusive or otherwise unauthorised use of the Services, the User may contact Home Connect Plus. The User can find the relevant contact details at https://www.home-connect-plus.com/gb/en/imprint/. The Provider shall then examine the matter and, if necessary, take appropriate steps.
    5. In the event of significant breaches of duty for which the User is responsible, the Provider is entitled to terminate the User Agreement for good cause in accordance with Section 13.
11. Fees, Payment
    1. Registration, access to Home Connect Plus and use of the Basic Services and Basic Services Plus are free of charge. With regard to the use of the Premium Services, the prices at the time of booking shall apply. All prices include value added tax.
    2. The fees for the Premium Services are due immediately upon booking.
    3. Information on payment methods, payment dates and any additional costs incurred can be found at https://www.home-connect-plus.com.
    4. Insofar as Premium Services are booked via the App, payments shall be processed via the respective app store. In this case, the Terms of Use and payment of the respective app store conditions shall apply with precedence to these Terms of Use. In the event of contradictions between the app store terms and conditions and these Terms of Use, the app store terms and conditions shall take precedence.
12. Right of withdrawal
    1. As a consumer, the User is entitled to a right of withdrawal in accordance with the information set out in the Annex. A consumer is any natural person who enters a legal transaction for purposes that are predominantly neither commercial nor attributable to their self-employed professional activity.
    2. The right of withdrawal shall also expire in the case of agreements on the provision of services under the following conditions:
       1. in the case of a contract that does not oblige the User to pay a price when the Provider has provided the service in complete;
       2. in the case of a contract that obligates the User to pay a price, with the complete performance of the service, if the User, prior to the commencement of the performance, (i) has expressly consented to the Provider commencing the performance of the service before the expiry of the withdrawal period, (ii) in the case of an off-premises contract, has transmitted the consent in accordance with Section 12.2.1 (i) on a durable medium, and (iii) confirmed his knowledge that his right of withdrawal expires upon complete performance of the contract by the Provider.
    3. The right of withdrawal shall also expire in the case of contracts for the provision of digital Content not on a physical data carrier under the following conditions:
       1. in the case of a contract that does not obligate the User to pay a price, when the Provider has begun to fulfil the contract,
       2. in the case of a contract which obliges the User to pay a price, if (i) the User has expressly consented to the Provider commencing performance of the contract prior to the expiry of the withdrawal period, (ii) the User has confirmed his/her knowledge that his/her right of withdrawal expires upon commencement of performance of the contract as a result of his/her consent in accordance with Section 12.3.1 (i), and (iii) the Provider has provided the User with a confirmation of the contract on a durable medium (e.g. by e-mail).
    4. In the event of withdrawal, Section 13.5.5 shall apply accordingly.
13. Term, Termination
    1. Term
       1. The User Agreement is concluded for an indefinite period. It begins with the date of registration and ends with the effectiveness of a termination by the Provider or the User.
       2. The Premium Services have the term specified in the Product Information.
    2. Ordinary termination
       1. The Provider may terminate the User Agreement at any time with a period of notice of one month to the end of the month, but no earlier than at the end of the current term of a booked Premium Service.
       2. The User may terminate the User Agreement at any time. If the User has booked one or more Premium Services, the User Agreement can only be terminated together with the contracts for the Premium Services, and no earlier than the expiry of the term for the Premium Service with the longest term.
       3. The Premium Services are subject to the notice periods specified in the Product Information.
    3. The right to terminate for good cause remains unaffected for both parties.
    4. Form of termination
       1. Unless the possibility of terminating the User Agreement by means of a delete function in Home Connect Plus (e.g. in the settings of the user account,) is provided, a termination shall be made in text form (letter, e-mail).
       2. The uninstallation of the App does not constitute a termination of the User Agreement. Any obligations to the Provider to pay agreed usage fees for Premium Services shall remain unaffected by uninstallation of the App.
       3. The termination of a Premium Service can be made at the User’s discretion either in text form (letter, e-mail) or via the termination button “Terminate contracts here”. Termination of a Premium Service booked via the App shall take place via the respective app store.
    5. Consequences of termination
       1. In the event of termination of the User Agreement, the user account shall be blocked as of the termination date and the user shall no longer have access to his user account, the Services and the User Content.
       2. In the event of termination by the Provider for good cause for which the User is responsible, the Provider shall be entitled to demand an amount equal to 50% of the usage fee for the portion of the current fees for Premium Services remaining after the termination. The User shall have the right to prove that damage has not occurred or has not occurred in the amount demanded.
       3. In the event of termination by the Provider for good cause for which the User is responsible, the Provider shall be entitled to demand a penalty whose amount is equal to 50% of the usage fee for the portion of the current fees for Premium Services remaining after the termination. The User shall have the right to prove that damage has not occurred or has not occurred in the amount of the applied penalty and accordingly the penalty is not due or only due in the proven amount of damage.
       4. In the event of termination of the User Agreement, the Provider shall be entitled to irretrievably delete the data created in connection with the user account upon expiry of any statutory retention periods 30 calendar days after the termination takes effect. For personal data, the regulations on data protection shall apply with priority, which may also provide for a shorter period for deletion.
       5. The User is obliged to export and save his data and User Content on his own responsibility in due time before termination of the User Agreement or expiry of the aforementioned period.
       6. If the User has transferred User Content within the scope of using a Basic Service Plus and/or Premium Service, the Provider shall, at the User’s request, provide the User with the User Content, which is not personal data, free of charge, within a reasonable period of time and in a common and machine-readable format after the termination becomes effective. This shall not apply if the User Content
          • is of no use outside the context of the Basic Services Plus and the Premium Services;
          • is exclusively related to the User’s use of the Basic Services Plus and the Premium Services; or
          • has been aggregated by the Provider with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort.
14. Warranty

    The statutory provisions shall apply.

15. Liability
    1. The Provider shall be liable in accordance with the statutory provisions (i) in the event of intent and gross negligence, (ii) in accordance with the provisions of applicable Product Liability Acts, (iii) to the extent of a guarantee assumed by the Provider, and (iv) in the event of injury to the life, body or health of a person.
    2. In the case of negligently caused damage to property and financial loss, the Provider shall only be liable in the event of a breach of a material contractual obligation, but the amount shall be limited to the damage that was foreseeable and typical for the contract at the time of conclusion of the contract; material contractual obligations are those whose fulfilment characterizes the User Agreement and on which the User may rely.
    3. Liability is excluded in all other respects.
    4. Statutory limitations of liability, which deviate from the above liability regulations in favour of the Provider, shall remain unaffected.
    5. The above limitations of liability shall also apply in the event of fault on the part of a vicarious agent of the Provider and to the personal liability of employees, representatives and bodies of the Provider as well as to claims for reimbursement of expenses.
16. Indemnification
    1. The User indemnifies the Provider in the event of a claim due to an alleged or actual infringement and/or violation of third party rights from all third party claims, including damages arising therefrom (e.g. costs for appropriate legal defence), resulting from culpable actions of the user in connection with the use of Home Connect Plus and the Services.
17. Data protection
    1. All information on the processing of personal data can be found in the Provider’s data protection notice. It is available at https://www.home-connect-plus.com/gb/en/app-legal/.
18. Online dispute resolution platform, Dispute resolution procedures, Complaints
    1. The European Commission provides a platform for online dispute resolution (OS). The platform can be reached at http://ec.europa.eu/consumers/odr/. The e-mail address of the Provider can be obtained from the imprint https://www.home-connect-plus.com/gb/en/imprint/.
    2. The Provider is not obligated or willing to participate in a dispute resolution procedure pursuant to the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG).
    3. Complaints, grievances, questions and comments can be asserted or submitted under the contact details stated in the corporate information.
19. Change of the Terms of Use
    1. The Provider is entitled to change or supplement these Terms of Use including any applicable contractual terms at any time with effect for the future if this is necessary due to legal changes or due to functional or technical developments or other foreseeable reasons for change of Home Connect Plus or the Services.
    2. The User shall be notified of a change or addition at least six weeks before it takes effect on a permanent data carrier (e.g. by e-mail or paper printout). If the User does not object to the change or amendment within 30 days of the announcement of the change or amendment, this shall be deemed to be consent to the change or amendment (“deemed consent“); the Provider shall make separate reference to this in the announcement. The deemed consent does not apply to a change that affects a main service of the User Agreement if this would result in an unfavourable disproportion between service and consideration to the detriment of the User. In the event of an objection, the usage relationship shall be continued under the previous conditions.
    3. Editorial changes to these Terms of Use, i.e., changes that do not affect the contractual relationship, such as the correction of typing errors, shall be made without notifying the User.
20. Updates, Service changes, Price changes
    1. Updates
       1. The Provider may provide updates to the Basic Services, e.g., to close security gaps or to eliminate errors. It is the User’s responsibility to install updates without delay and to update the operating system of his mobile end device if this is required for an update of the Basic Services.
       2. Regarding the Basic Services Plus and the Premium Services, the statutory provisions on update obligations shall apply. The Provider shall inform the User in reasonable time about the provision of such updates, as well as about the legal consequences of an installation not performed within a reasonable time.
       3. The Provider is entitled to directly download and install security updates, for example to maintain product or data security, regardless of the User’s settings. If the Provider performs a security update, it shall inform the User thereof.
    2. Change of Service
       1. The Provider shall be entitled to change, supplement or discontinue the Basic Services at any time or to limit the use of the Basic Services for a limited period of time or to make them available against payment. The User shall not be entitled to maintain certain Basic Services or parts thereof. The Provider will consider the legitimate interests of the User. The User’s claims to provision of the Basic Services for reasons outside these Terms of Use (e.g. the purchase of hardware that is dependent on the operability of the Basic Services) shall remain unaffected. To the extent that the User is entitled to such claims for the provision of the Basic Services, Sections 20.2.2 to 20.2.4 shall apply accordingly to any changes thereto.
       2. The Provider shall be entitled to modify or supplement the Basic Services Plus and the Premium Services at any time, even beyond any updates necessary to maintain compliance with the contract, provided this is done with good cause and the User does not incur any additional costs as a result. A valid reason exists in particular in the event of changes to the technical environment, changes in the number of users or improvements to the services. The User shall be notified of any change by e-mail.
       3. If a change not only insignificantly impairs the User’s access to the Basic Services Plus and the Premium Services or their usability, the User may terminate the Agreement on the Basic Services Plus and the Premium Services free of charge with a notice period of 30 days. This shall not apply if the Provider enables the User to access or use the unchanged Basic Services Plus and Premium Services without incurring additional costs.
       4. The User shall be informed by e-mail of any change to the Basic Services Plus and Premium Services pursuant to Section 20.2.3 no later than 30 days prior to the change. The notice period shall commence upon receipt of the information about the change. If the change is made after the receipt of the information, the notice period shall start to run from the time of the change. The Provider shall inform the User of his right of termination pursuant to Section 20.2.3 in the information.
       5. Sections 20.2.2 to 20.2.4 shall also apply to any changes to the Terms of Use required in this context for good cause.
    3. Price Changes
       1. The Provider shall be entitled to change usage fees for Premium Services with an unlimited term no more than once per calendar year to reflect the effects of changes in the total costs associated with the Premium Services. Examples of cost elements affecting the price of the Premium Services are license costs, costs for technical provision and distribution of the Premium Services, customer service and other costs of distribution (e.g. invoicing and payment, marketing), general administrative costs (e.g. rent, costs for personnel, subcontractor services, IT systems, energy) and taxes and duties.
       2. The User shall be informed of price changes by e-mail at least six weeks before the planned effective date. Unless the User gives notice of termination after notification of the price change, the price change shall become binding for the Parties. In the notification of the change, the User shall be separately informed of the consequences of the change and his right of termination.
       3. If and as soon as the cost elements specified in Section 20.3.1 decrease for the Provider, the Provider shall reduce the monthly usage fees accordingly. Any increases in the costs of other cost elements may only be considered in this context insofar as the Provider has not already taken these costs into account in the context of an increase in the monthly usage charges.
       4. d) Irrespective of Sections 20.3.1 to 20.3.3, the Provider shall be entitled to adjust the monthly usage fees accordingly in the event of an increase in the statutory value-added tax and shall be obliged to do so in the event of a reduction.
       5. In the event of price changes that significantly exceed the regular increase in the cost of living, Section 19.2 shall apply accordingly.
21. Applicable law, Place of jurisdiction
    1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN United Nations Convention on Contracts for the International Sale of Goods if (i) the User has his habitual residence in Germany, or (ii) his habitual residence is in a country that is not a member of the European Union. In case the User has its habitual residence in a member state of the European Union, the applicability of German law shall also apply, without prejudice to mandatory provisions of the state in which the User has its habitual residence (“benefit-of-the-doubt principle“).
    2. If the User is an entrepreneur, the exclusive place of jurisdiction for all legal disputes arising from or in connection with these Terms of Use shall be Stuttgart, Germany. The same shall apply if the User had his domicile or habitual residence in Germany at the time of conclusion of the contract and has either moved out of Germany at the time the Provider brings an action or if the User’s domicile or habitual residence is unknown at that time.
22. Final provisions
    1. Legally relevant declarations and notifications to be made to the Provider after the conclusion of the contract (e.g. setting of deadlines) shall be made in text form (letter, e-mail) to be effective).
    2. Should any provision of these Terms of Use be or become invalid or unenforceable, this shall not affect the remaining provisions.
23. Country specific terms
    1. Austria
       1. For Users who have their habitual residence in Austria, the following shall apply:

       2. Section 15. (Liability)

          Section 15.2 is deleted and replaced by the following wording:
          “15.2 In the case of negligently caused damage to property and financial loss, the Provider shall only be liable in the event of a breach of a material contractual obligation but limited in amount to the fee payable by the User for the period of one calendar year; material contractual obligations are those whose fulfilment characterizes the contract and on which the User may rely.”

    2. Belgium
       1. For Users who have their habitual residence in Belgium, the following shall apply:

       2. Section 13. (Term, Termination)

          Section 13.5.2 is deleted and replaced by the following wording:

          “13.5.2 In the event of termination by the Provider for an important reason for which the User is responsible, the Provider shall be entitled to demand a penalty whose amount is equal to 50% of the usage fee for the portion of the current fees for Premium Services remaining after the termination. The User shall have the right to prove that damage has not occurred or has not occurred in the amount applied and therefore the amount should be reduced. In any case, this amount shall not be lower than 10% of the usage fee for the portion of the current fees for Premium Services remaining after the termination.”

    3. France
       1. For Users who have their habitual residence in France, the following shall apply:

       2. Section 5. (Booking of Premium Services, Technical steps up to the conclusion of the agreement and correction of input errors, Conclusion of the agreement)

          • Sections 5.2 and 5.4.3 are not applicable.

          • Section 5.4.4 is deleted and replaced with the following wording:

            “5.4.4 The text of the agreement (consisting of the Product Information, the Terms of Use, the service description, if applicable, and the information on withdrawal) shall be sent to the User on a permanent data carrier (e.g. e-mail). Pursuant to article L 213-1 of the French Consumer Code the Provider ensures the storage of the agreement for a period of ten years and will provide it to the User upon request.”

       3. Section 15. (Liability) is not applicable.

       4. Section 18. (Online dispute resolution platform, Dispute resolution procedures, Complaints)

          Section 18.2 is deleted and replaced with the following wording:

          “18.2 In addition to the above, if the User is a resident in France, he can contact the local ombudsman (Médicys, Service Médiation de la consommation, 73 boulevard de Clichy, 75009 Paris, contact@medicys.fr).”

    4. Italy
       1. For Users who have their habitual residence in Italy, the following shall apply:
       2. Section 15. (Liability) is not applicable.

       3. Section 20. (Updates, Service changes, Price changes)

          Section 20.3.5 is deleted and replaced by the following wording:

          “20.3.5 Should any price change significantly exceed the original price, Section 19.2 shall apply accordingly.”

    5. Sweden
       1. For Users who have their habitual residence in Sweden, the following shall apply:

       2. Section 18. (Online dispute resolution platform, Dispute resolution procedures, Complaints)

          Section 18.2 is deleted and replaced with the following wording:

          “18.2 As a consumer the User may also file a complaint to the Swedish National Board for Consumer Disputes (www.arn.se/om-arn/Languages/english-what-is-arn/).”

    6. Switzerland
       1. For Users who have their habitual residence in Switzerland, the following shall apply:

       2. Section 21. (Applicable law, Place of jurisdiction)

          Sections 21.1 and 21.2 are is deleted and replaced by the following wording:

          “21.1 If the User is a consumer, the legal relationship between the Provider and the User as well as these Terms of Use shall be governed exclusively by Swiss law, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
          21.2 If the User is a consumer, the courts in Zuchwil (Switzerland) shall have exclusive jurisdiction for legal claims of any kind against the Provider, subject to deviating mandatory statutory provisions. Legal actions by the Provider against the User shall be brought either in Zuchwil (Switzerland) or at the registered office or place of habitual residence of the User.”

    7. Spain
       1. For Users who have their habitual residence in Spain, the following shall apply:

       2. Section 20. (Updates, Service changes, Price changes)

          Section 20.3.5 is deleted and replaced by the following wording:

          “20.3.5 Should any price change significantly exceed the original price, Section 19.2 shall apply accordingly.”

24. Appendix
    

    Withdrawal Policy

    Right of withdrawal

    You have the right to withdraw from this contract within fourteen days without giving any reason.

    The withdrawal period amounts to fourteen days from the day of the conclusion of the contract.

    To exercise your right of withdrawal, you must inform us https://www.home-connect-plus.com/gb/en/imprint/ by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. For this purpose, you may use the attached model withdrawal form, which is, however, not mandatory.

    To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

    Consequences of withdrawal

    If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (except for additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

    If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services intended in the contract.

    End of withdrawal policy

    Model withdrawal form

    (If you wish to withdraw from the contract, please complete and return this form.)

    To

    Residential IoT Services GmbH

    Borsigstraße 4

    70469 Stuttgart

    Deutschland

    I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

    Ordered on (*)/received on (*) ______________________________

    Name of the consumer(s) ______________________________

    Email address of the consumer(s) ______________________________

    Address of the consumer(s) ______________________________

    Signature of consumer(s) ______________________________

    (only in case of notification on paper)

    Date ______________________________

    (*) Delete as applicable.