App Privacy Notice and Terms of Use Netherlands

Updated October 28, 2021

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,

Steiermärker Str. 3–5, 70469 Stuttgart

Additional contact details can be found in our imprint.

     3. Processing of personal data

   3.1 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.

 

3.2 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.

Llegal 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.

 

  3.3 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).

 

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);
  • Name of files or information accessed (“Discovery” tab);
  • Volume of data transferred (“Discovery” tab);
  • Operating system and information about the web browser used;
  • Http status code (e.g. “Request successful” or “Requested file not found”) (“Discovery” tab).

 

  3. 4 Registration via SingleKey ID

You can only register for our Online Offer using the SingleKey ID. The SingleKey ID was developed for the Bosch Group by Bosch.IO GmbH (hereinafter referred to as “BIO”), for the purpose of enabling shared users to use the services of different group companies using centralised login data and in order to increase data security.

Provision of this login service is the responsibility of Bosch.IO GmbH, Ullsteinstraße 128, 12109 Berlin, Germany.

If you wish to register with BIO for a SingleKey ID, the General Terms of Use apply to registration and use of the SingleKey ID, along with the BIO Privacy Notice.

Following registration, you can use the same login data used for the SingleKey ID to register for this Online Offer. To do this, we provide you with a BIO login window to enter the SingleKey ID. BIO then confirms your authorisation to us 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 is not sent to us.

With respect to further data transfers within the Bosch Group associated with the SingleKey ID, we refer to the BIO Privacy Notice. You can terminate your user agreement via the SingleKey ID at any time. Terminating the SingleKey ID will also result in the deletion of your Home Connect Plus user account.

 

3. 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

 

3. 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).

 

3. 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.

 

3. 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.

 

    3. 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).

 

  3.10 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. Vimeo

The Online Offer uses the video platform Vimeo, which is operated by Vimeo, Inc., headquartered at 555 West 18th Street, New York, New York 10011, USA. Vimeo is a platform that enables playback of audio and video files.

When you access a respective site of our Online Offer that contains an embedded Vimeo player, this establishes a connection to Vimeo so that the video or audio file can be transmitted and played back. In doing so, data is also transferred to Vimeo as a data processor. We are not responsible for the processing of this data by Vimeo.

Please refer to Vimeo’s Privacy Policy for further information on the scope and purpose of the data collected, further processing and use of this data by Vimeo, your rights and the available data protection options: https://vimeo.com/privacy.

   5. 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.

 6. 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.

   7. 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.

8. Use of cookies and tracking mechanisms (“Discovery” tab)

Cookies and tracking mechanisms may be used as part of the “Discovery” tab integrated into our App. The “Discovery” tab is a separate area of the app in which we provide you with various content related to our products and services. In the context of the “Discovery” tab we provide more detailed information on data processing and the use of cookies and tacking mechanisms in separate data protection notices. You can view these both in the “Discovery” area of the App and under the following link: https://www.home-connect-plus.com/nl/en/discover/data-privacy-imprint/.

 9. 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.

10. 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.

11. 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.

12. 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”).

13. 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 us or the supervisory authority responsible for your place of residence. The latter is: Integritetsskyddsmyndigheten; Box 8114, 104 20 Stockholm; phone number: 08-657 61 00; e-mail: imy@imy.se.

14. Children

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

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. 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: 09.11.2021

1.             Scope, Provider, Language of the agreement

1.1.         These terms of use (“Terms of Use“) shall apply to access to Home Connect Plus (“Home Connect Plus“), a product offered by Residential IoT Services GmbH,
Steiermärker Straße 3, 70469 Stuttgart, Germany (the “Provider“) and to the use of services offered via Home Connect Plus (“Services“) by registered end users (“Users“).

1.2.         These Terms of Use shall also apply to the conclusion of future agreements between the User and the Provider in respect of Premium Services; these agreements are concluded between the User and the Provider via Home Connect Plus.

1.3.         The language for the conclusion of the agreement is English. The User may retrieve and print out the currently valid Terms of Use at https://www.home-connect-plus.com/nl/en/app-legal/.

1.4.         The User can access detailed information relating to the Provider in the imprint of the website or app. The User can find the relevant contact details at https://www.home-connect-plus.com/nl/en/imprint/.

2.             Conclusion of agreement, Services, Availability

2.1.         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“).

2.2.         After conclusion of the User Agreement, the User is entitled to use or book various services (“Services“), each as may be made available via Home Connect Plus and which may constitute either of the following:

2.3.         Free Services (“Basic Services“),

2.4.         If and to the extent in future offered by Provider, 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“),

2.5.         If and to the extent in future offered by Provider, Paid Services which extend or modify the functional scope of the Basic Services and Basic Services Plus (“Premium Services“), or

2.6.         Services offered by affiliated companies of the Provider or third parties (“Partners“) (“Partner Services“).

2.7.         The Services, offered by Provider and constantly improved based on usage, include facilitating the integration of connectable devices and control, management and automation features for these devices, the provision of software functionalities, data, contributions, image and sound documents, information and other content (“Content“).

2.8.         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 https://home-connect-plus.com. The service description serves only to describe the Service and contains neither statements as to quality nor guarantees.

2.9.         Availability:

2.10.      The Provider shall endeavour to ensure that the use of the Basic Services is as uninterrupted as possible within the scope of its technical and operational abilities, but there shall be no entitlement to uninterrupted use. It is not warranted that access to or use of Basic Services will not be interrupted or impaired by maintenance work, further developments or otherwise by disruptions.

2.11.      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

3.1.         Access to Home Connect Plus and use of the Services require a user account, which the Provider makes available to the User (Section 5); and the User may customise and use it to manage Premium Services.

3.2.         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).

3.3.         Access to the Services is via an app for use on compatible mobile end devices such as smartphones or tablets (“App”). Individual functionalities of the Services may be restricted in each case depending on the access type.

3.4.         To use the Services via the App, the User must download and install the App on a 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 the corresponding App stores. The operating instructions serve only to describe the Service and contain neither agreements on quality nor guarantees.

3.5.         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

4.1.         Registration shall be carried out when the App is started for the first time or via the Website of the Provider and requires a central SingleKey ID. Separate Terms of Use apply here, which the User must accept separately during registration for the central SingleKey ID.

4.2.         After entering the login data for the central SingleKey ID, 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.

4.3.         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.

4.4.         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.

4.5.         There shall be no entitlement to registration. The Provider is entitled to not accept a registration without reason.

4.6.         Each natural person is only permitted to register once with a user account. User accounts are not transferable.

4.7.         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

5.1.         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.

5.2.         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).

5.3.         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“).

5.4.         To the extent that a booking of the Premium Services is offered via the Website or the App, the following shall apply:

5.5.         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.

5.6.         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.

5.7.         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.

5.8.         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.

5.9.         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

6.1.         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.

6.2.         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.

6.3.         Payment for Partner Services is made directly to the Partner].

6.4.         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

7.1.         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.

7.2.         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.

7.3.         The Provider may prescribe rules of conduct for the Transfer of User Content and for communication and interaction with other Users.

7.4.         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.

7.5.         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 when the User revokes it. This does not apply if the User Content

7.6.         have no use outside the context of the Basic Services Plus and the Premium Services,

7.7.         are exclusively related to the use of the Basic Services Plus and the Premium Services by the User,

7.8.         have been aggregated by the Provider with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort, or

7.9.         were 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 (Section17) shall prevail.

7.10.      The User shall waive the right to author attribution.

7.11.      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.

7.12.      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.

7.13.      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

8.1.         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.

8.2.         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.

8.3.         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

9.1.         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“).

9.2.         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.

9.3.         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.

9.4.         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

10.1.      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.

10.2.      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.

10.3.      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.

10.4.      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/nl/en/imprint/. The Provider shall then examine the matter and, if necessary, take appropriate steps.

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

11.1.      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.

11.2.      The fees for the Premium Services are due immediately upon booking.

11.3.      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

12.1.      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.

12.2.      The right of withdrawal shall also expire in the case of agreements on the provision of services under the following conditions:

12.3.      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;

12.4.      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 12.2.2(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.

12.5.      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:

12.6.      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,

12.7.      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 12.3.2(i), and (iii) the Provider has provided the User with a confirmation of the contract on a durable medium (e.g. by e-mail).

12.8.      In the event of withdrawal, Section 13.5.5 shall apply accordingly.

13.          Term, Termination

13.1.      Term

13.2.      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.

13.3.      The Premium Services have the term specified in the Product Information and are automatically extended for an indefinite period.

13.4.      Ordinary termination

Both parties may terminate the User Agreement and/or the Premium Services at any time with a notice period of one month, but no earlier than the expiration of the current term of an active Premium Service.

13.5.      The right to terminate for good cause remains unaffected for both parties. Good cause for the Provider exists in particular if the User is in arrears with the payment of agreed fees despite a reminder.

13.6.      Form of termination

13.7.      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).

13.8.      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.

13.9.      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.

13.10.    Consequences of termination

13.11.    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.

13.12.    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.

13.13.    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.

13.14.    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.

13.15.    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

14.1.      The Provider shall not assume any warranty for material defects and defects of title for Basic Services and Basic Services Plus, except in cases in which the Provider has fraudulently concealed the respective material defect or defect of title.

14.2.      The statutory provisions shall apply to Premium Services.

15.          Liability

15.1.      Liability for Basic Services

15.2.      The liability of the Provider for Basic Services and Basic Services Plus shall be limited to intent and gross negligence.

15.3.      Liability shall be excluded in all other respects.

15.4.      Liability for Premium Services:

15.5.      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.

15.6.      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.

15.7.      Liability is excluded in all other respects.

15.8.      Statutory limitations of liability, which deviate from the above liability regulations in favour of the Provider, shall remain unaffected.

15.9.      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.          Data protection

16.1.      All information on the processing of personal data can be found in the Provider’s data protection notices. These are available at https://www.home-connect-plus.com/nl/en/app-legal/.

17.          Online dispute resolution platform, Dispute resolution procedures, Complaints

17.1.      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/nl/en/imprint/.

17.2.      The Provider is not obligated or willing to participate in a dispute resolution procedure pursuant to the German Consumer Dispute Resolution Act (VerbraucherstreitbeilegungsgesetzVSBG).

17.3.      Complaints, grievances, questions and comments can be asserted or submitted under the contact details stated in the corporate information.

18.          Change of the Terms of Use

18.1.      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.

18.2.      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 fictitious 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. In the event of an objection, the Provider reserves the right to terminate the usage relationship in accordance with Section 13.

18.3.      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.

19.          Updates, service changes, Price changes

19.1.      Updates

19.2.      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.

19.3.      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.

19.4.      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.

19.5.      Change of Service

19.6.      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.

19.7.      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 or addition by e-mail.

19.8.      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.

19.9.      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.

19.10.    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.

19.11.    Price Changes:

19.12.    The Provider shall be entitled to change usage fees for Premium Services no more than once per contract 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.

19.13.    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.

19.14.    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.

19.15.    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.

19.16.    In the event of price changes that significantly exceed the regular increase in the cost of living, Section 19.2 shall apply accordingly.

20.          Applicable law, Place of jurisdiction

20.1.      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“).

20.2.      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. 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.

21.          Final provisions

21.1.      Agreements shall be concluded in the English language.

21.2.      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).

21.3.      Should any provision of these Terms of Use be or become invalid or unenforceable, this shall not affect the remaining provisions.

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/nl/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.

22.          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

Steiermärker Str. 3-5

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) ______________________________

Address of the consumer(s) ______________________________

Signature of consumer(s) ______________________________

(only in case of notification on paper)

Date ______________________________

 

(*) Delete as applicable.