BIASI Connect APP
General Conditions of Use of the Service
BSG Caldaie a gas S.p.A., with its registered office in Via Pravolton 1/b - 33170 Pordenone - Italy, tax code and VAT number IT 03348220231, in the person of the Managing Director (hereinafter "BSG"), provides to the customer (hereinafter "User") with a heating control service through a mobile application called "BIASI Connect APP" (hereinafter "App"), to be installed on smartphones with iOS and Android operating systems. (Hereinafter "App"), to be installed on smartphones with iOS and Android operating systems within the framework of the technical and operational possibilities available. These General Conditions (hereinafter "Conditions") regulate therefore the service supply relationships related to the above-mentioned App to the User. The App offers to Users the services indicated in article 1 below. By downloading, installing and using the App, User declares to accept the following Terms. The App is provided in its current state of technical and technological development; Bsg is exempted from any obligation to update or improve it in the future, which may be implemented by decision and at the sole discretion of Bsg itself.
1. Purpose of the service provided through the App
The App provides users the following services:
(a) It allows stopping and/or starting the heating service for a time definable by the User;
(b) To check the status of the generator;
(c) Shows the room and outdoor temperature;
(d) Shows the history of boiler faults, if any.
Bsg does not guarantee the use of the App. In particular, Bsg does not guarantee that:
(a) The App meets the specific needs of the User;
(b) The App is free from malfunctions or errors;
(c) The quality of any service obtained by User through the App meets User's expectations.
2. Efficiency, suspension, interruption
The service will be activated following the registration of the User's data in the App and the consequent acceptance of these terms and conditions. Bsg reserves the right to modify, stop or interrupt the services provided through the App, or any part of them, at any time. User agrees that Bsg is not liable to her/him and/or any third party for any such modification, suspension or interruptions.
3. Responsibility
The User is the only responsible for the use of the App and he takes all possible risks related to its inappropriate use, as well as to its use by children, unable people, or third parties. In any case, using the App, the User must take into account the instructions on the product contained in the installation, use and maintenance manual provided with it. You agree that Bsg is not be liable to you for any direct, indirect, accidental, consequential damages arising out of or in connection with the use or inability to use the App by the User and agrees to indemnify and hold Bsg harmless from any obligation to pay damages arising therefrom. In particular, Bsg is not liable for:
(a) The incorrect functioning of the App possibly caused from the use by the user of hardware and/or software not working properly and/or not compatible with the App itself;
(b) Suspension and/or interruption and/or malfunctioning of the service provided through the App due to third parties on which the provision of the same depends;
(c) The behaviour, both on-line and off-line, of any user of the App;
(d) "virus", "worm", "Trojans", "horse", "ransomware" or other harmful computer components that may attack and/or be in the App;
(e) Theft, interception, deletion, destruction, use of the personal data provided by the User without intent and/or fault of Bsg;
(f) Any errors in the App or in the results that User intends to obtain from the use of the App.
4. Intellectual property rights
User acknowledges and agrees that the App and any service linked to the App may involve the use of proprietary and confidential information, protected by law and applicable intellectual property laws. User agrees not to reproduce, duplicate, copy, sell, negotiate, resell or use for commercial purposes, in whole or in part, the App. You agree not to do, directly or indirectly, any of the following:
(a) Copy, modify, create works from source code, reverse engineer, disassemble or otherwise attempt to discover such code;
(b) Sell, transfer, sub-license or otherwise transfer any rights to the App, unless law expressly requires such activity.
5. Protection of personal data
By installing the App, the User agree that Bsg may process the personal data provided by the User during registration and, in any case, the data on the operation of the boiler, for the correct use of the App and its services, in full compliance with the principles dictated by the EU Regulation 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (so-called "General Regulation on the processing of personal data" or "GDPR"), of Legislative Decree 30.06.2003, no. 196, as amended and supplemented by Legislative Decree 10.08.2018, no. 101 ("Personal Data Code"). The user acknowledges that the use of the App may involve the transmission of data relating to the operation of the boiler through electronic communication networks.
6. Place of jurisdiction and applicable law
The Court of Pordenone (Italy) shall have exclusive jurisdiction over any dispute that may arise between the parties because of or in connection with this agreement, its application, interpretation, execution, termination, etc., in derogation of any other legal or conventional forum. Only and exclusively in cases in which the purchaser is a consumer pursuant to Legislative Decree 06.09.2005, no. 206, the competent court shall be the court of the place of residence or residence of the consumer. For anything not provided for in these general conditions, reference shall be made to Italian law, which shall be the only applicable law.
7. Final provisions
Bsg reserves the right to modify these Terms and Conditions at any time and at its sole discretion, by notifying the User through the App; the new modifications will be considered expressly accepted by the User if he continues to use the App. In no case will one or more clauses contained in these Terms and Conditions be null and void or ineffective. Where any clause of this Agreement should be declared invalid, such declaration shall not affect the validity of any other clause contained therein.
BIASI Connect APP
Information on the processing of personal data
INFORMATION ON THE PROCESSING OF PERSONAL DATA
This information is provided pursuant to Article 13 of EU Regulation 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (so-called "General Regulation on the processing of personal data" or "GDPR") and Legislative Decree 30.06.2003, no. 196, as amended and supplemented by Legislative Decree 10.08.2018, no. 101 ("Personal Data Code" or "Privacy Code") by:
The CEO, aware of the importance of guaranteeing the security of private information, in accordance with applicable European and Italian legislation, and in compliance with the principle of transparency set forth in Article 12, GDPR, hereby provides the following information in order to make the User aware of the characteristics and methods of the processing of personal data.
1. Subject to processing
The CEO processes the user's personal data that is provided by the user during registration and when using the mobile application called "BIASI Connect APP" (hereinafter "App"). In particular, the Responsible Person processes personal and identification data (by way of example, name, surname, tax code, VAT number, e-mail, telephone number - hereinafter, "personal data" or also "data") directly provided by you during registration; ii. Data not directly provided by you - and in any case acquired within the limits of the provisions of art. 14, paragraph 5, GDPR - the transmission of which is connected to the use of Internet communication protocols, smartphones and devices used (by way of example only, access to the page, quantity of data transferred, status message after access, session ID numbers, IP addresses, URL addresses, etc.).
2. Cookies
The App uses cookies, i.e. text files created at each login to authenticate the User. These files are recorded on the smartphones and devices used by the User and are deleted when the User logs out from the account.
3. Legal basis and processing purposes
Your personal data are processed:
(a) without your express consent (see Art. 6(b) GDPR) for the purpose of making the App functionalities usable because of your access (contractual purpose). In this case, in fact, the execution of a contract to which you are a party or the execution of pre-contractual measures taken at your request, constitutes the legal basis of the processing.
(b) only after your specific and unequivocal consent (see Art. 6, let. a, 7, GDPR), for the following additional purposes of sending e-mail newsletters, commercial communications and/or advertising material on products and/or services offered by the Responsible Person (marketing purposes). In this case, the consent constitutes the legal basis of the processing.
4. Nature of the provision of personal data
The provision of data for the purpose referred to in art. 2, letter (a) - contractual purpose - is necessary, as your refusal to provide the personal data requested will make it impossible for the Data Controller to fulfil legal obligations and/or those arising from the management of the agreement relationship, thus preventing the provision of the service and the use of the App. The provision of data for the purpose referred to in Article 2, letter (b) - marketing purposes - is optional and failure to provide such data implies the impossibility of receiving e-mail newsletters, commercial communications and/or advertising material on products and/or services offered by the Responsible Person.
5. Processing methods
The processing of your personal data is carried out by means of the operations indicated in Article 4, paragraph 1, no. 2), GDPR, i.e. any operation or set of operations carried out with or without the help of automated processes and applied to personal data or sets of personal data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, comparison or interconnection, restriction, erasure or destruction. The processing of your data will be based on the principles of correctness, lawfulness and transparency and may also be carried out using automated methods for storing, managing and transmitting them and will take place using instruments that are suitable, insofar as reasonably necessary and in accordance with the state of the art, to guarantee security and confidentiality through the use of suitable procedures that avoid the risk of loss, unauthorised access, unlawful use and dissemination. Personal data may be stored both on computer media and on paper, as well as on any other type of media deemed most suitable for processing.
Period of data storage
The Responsible Person, in compliance with the principles set out in Article 5, GDPR, will process your data for the time necessary to pursue the purposes indicated above, as well as to fulfil the legal obligations imposed for the same purposes. Once the above-mentioned retention periods have expired, the data will be deleted or made anonymous. Further and more detailed information on storage times may be requested by contacting the Data Controller at the addresses indicated in this notice.
Data communication
The personal data processed by the Responsible Person shall not be disseminated, i.e. they shall not be disclosed to unspecified persons, in any possible form, including making them available or simply consulting them. On the other hand, it may be made accessible to workers and/or collaborators working in the employ of and for the Responsible Person and/or to certain external parties who provide sufficient guarantees that they have adopted adequate legal, organisational and technical measures so that the processing meets the requirements of the GDPR and guarantees the protection of the rights of the data subject. In particular, your data may be made accessible to: i. employees and collaborators of the Responsible Person, in their capacity as internal managers, delegated, designated and/or authorised to process personal data and/or System Administrators; ii. Third party companies or other entities that perform outsourced activities on behalf of the Responsible Person, in their capacity as external data processor.
Data transfers
The control and storage of personal data will take place on the servers of the Responsible Person and/or third party companies appointed and duly designated as Data Processors, located within the European Union, or in accordance with the provisions of Articles 45 et seq. of the GDPR. The data will not be transferred outside the European Union. In any case, it is understood that, should it become necessary to transfer the location of the servers to Italy and/or the European Union and/or non-EU countries, such a transfer will always take place in compliance with Art. 45 et seq. of the GDPR. In this case, however, the Responsible Person assures as of now that the transfer of data outside the EU will take place in compliance with the applicable legal provisions, stipulating, if necessary, agreements that guarantee an adequate level of protection and/or adopting the standard contractual clauses provided by the European Commission.
Rights of the data subject
Pursuant to Articles 15 to 21, GDPR, you have the right to:
i. Obtain from the Responsible Person confirmation as to whether or not personal data concerning You are being processed and, if so, to access the personal data, including by receiving a copy thereof (so-called right of access);
ii. Obtain from the Responsible Person the rectification of any inaccurate personal data and/or the integration of any incomplete personal data concerning you (so-called right of rectification);
iii. Obtain from the Responsible Person the deletion of personal data if one of the reasons set out in the GDPR applies (so-called right to erasure);
iv. Obtain from the Responsible Person the restriction of the processing of only some personal data if one of the grounds provided for by the GDPR exists (so-called right to restriction of processing);
v. Request and receive from the Responsible Person, in a structured, commonly used and machine-readable format, the personal data concerning you, or request and obtain their transmission to another Controller without hindrance (so called right to portability);
vi. Cancel at any time, the consent that may have been given with regard to the processing of your personal data (the so-called right to withdraw consent);
vii. Object, in whole or in part, to the processing of your personal data (the so-called right to object);
viii. Not to be subject to a decision based solely on automated processing in the cases provided for by the GDPR;
ix. To lodge a complaint with the Data Protection Authority, as well as to exercise the other rights recognised to you by the applicable European and Italian legislation.
How to exercise your rights
You may exercise your rights at any time by contacting the Responsible Person:
⊳ By registered letter with acknowledgement of receipt: BSG Caldaie a gas S.p.A., Via Pravolton 1/b - 33170 Pordenone - Italy
⊳ By e-mail: privacy@bsgcaldaie.it
(c) Owner, responsible, delegated, designated and authorised persons
The Responsible Person is:
⊳ BSG Caldaie a gas S.p.A., with its registered office in Via Pravolton 1/b - 33170 Pordenone - Italy, tax code and VAT number IT 03348220231, in the person of the sole director. Further information regarding the persons responsible, delegated, designated and authorised to process personal data may be requested by contacting the Data Controller at the addresses indicated in this notice.
The Responsible Person
BSG Caldaie a Gas