ALDES CONNECT APPLICATION TERMS OF USE

Effective date: 08.01.2016

 

Note:

These Terms of Use of the Aldes Connect Application govern access to and use of the Aldes Connect Application and its functionalities; they do not override the terms and conditions of sale of your vendor (installer and/or distributor), with the result that the purchase of Aldes products and services continues to be governed by the terms and conditions of sale of your vendor (installer and/or distributor) applicable to said products and services.

 

Legal Information:

 

Publisher of the Application:

Aldes Aéraulique S.A.S

Head office: 20, boulevard Joliot Curie 69200 Vénissieux

Unique identification number: 956 506 828 Lyon Trade and Companies Registry

Website: www.aldes.fr

 

Publication Manager: The Legal Representative - Aldes Aéraulique S.A.S

Person responsible for the Application: The Chief Information Officer - Aldes Aéraulique S.A.S

 

Person responsible for processing of personal data: C. MORIN

 

Application hosting service provider:

Company name: KEYRUS

Legal form: Anonymous Society

Address of head office: 155 rue Anatole France 92593 Levallois Perret Cedex

Unique identification number: 400 149 647 RCS NANTERRE Trade and Companies Registry

 

Background:

 

Aldes Aéraulique ("Aldes") designs, manufactures, markets and/or distributes, via a network of resellers, installers and/or distributors, in France and abroad, products and services in the fields of indoor air quality, aeration, ventilation and heating. As part of its business, Aldes offers a free mobile application ("Application") called Aldes Connect, which is mainly intended (i) for the personal and private information of customers and users ("User"), (ii) to control certain functionalities of Eligible Products remotely, and (iii) to allow Aldes to collect, for itself and/or its regular partners (e.g. installers) and/or any other partners authorised by Aldes, information and data needed for future improvements and updates to the products and services offered by Aldes and to develop Aldes' activities.

 

 

 

 

Acceptance of the Terms of Use:

 

Access to and use of the Application are subject to these terms of use ("Terms of Use") and to the applicable laws and/or regulations. Connection and access to and use of the Application require (editor's note: the User must check the "Terms of Use" box to access the Application) and imply the full and unconditional acceptance of the Terms of Use by the User. By accessing and/or using the Application, the User acknowledges having read, understood and accepted the Terms of Use. If the User does not accept the Terms of Use, the User may not access or use the Application.

 

Update to the Terms of Use:

 

Aldes reserves the right to modify the Terms of Use without prior notice. Unless otherwise expressly specified by Aldes, said modifications will take effect upon their publication and will be binding on the User. Continued access to and use of the Application after said modifications implies the User's acceptance of said modifications. If the User does not accept said modifications, the User may no longer access or use the Application.

 

Purpose and Content of the Application:

 

The purpose of the Application ("the Functionalities") is (i) to allow the User to control certain functions of the Eligible Product remotely, (ii) to provide information, through various measurements and/or statistics, about the Indoor Air Quality (IAQ) of the building in which the Eligible Product is installed or for which it is used, (iii) to provide information, through various measurements and/or statistics, about the usage status of the domestic hot water in the building in which the Eligible Product is installed or for which it is used, (iv) to promote Aldes products and services, and (v) to allow Aldes to know the end customer of the Aldes products and services.

 

Remote access, in particular to control the programming of certain functions of the Eligible Product, is possible only if the smartphone or tablet has Internet access; if the Application detects that the connection to the Internet is lost, a pop-up window will then inform the User thereof.

 

The Application allows information and data ("Information") to be sent from the Eligible Product to the User's smartphone or tablet and to Aldes and/or its regular partners (e.g. installers) and/or any other partners authorised by Aldes. Said Information mainly includes: product ID, modem MAC address, indicators sent by the product (i.e. measurements of indoor air quality (including level of CO² ppm) and measurements of domestic hot water consumption). Said Information may include personal data that is required (such as email address) and optional (such as postal code, surname, first name, surface area of home or flat, number of residents per household, etc.).

 

 

 

 

Said information is sent according to the following procedure: the modem connects via Web HTTPS (secure) protocol and the Information is transmitted in both directions: "Cloud to Modem" and "Modem to Cloud". The Information is not transmitted continuously, but follows a periodic transmission frequency. A margin of error exists.

 

The Functionalities intended for the User are provided for information purposes and are not contractual.

 

The performance of the Eligible Product is governed by the conditions of sale relating thereto (including in particular the terms and conditions of sale).

 

The reminders and alerts sent by the Application to the User are provided for information purposes and in no way substitute the content of or the User's compliance with the maintenance manual and operating instructions of the Eligible Product.

 

Cookies:

A cookie is a piece of information placed on the User's hard drive by the server of the website visited. It contains various data. Said information may be stored on the User's computer in a file which a server accesses to read and record information. Cookies can be used to recognise the User from one visit to another. They can also be used to store data content or to send targeted ads and messages. By accessing the Application, and under the Terms of Use, the User accepts cookies, it being stipulated that a message will appear when the User connects to the Application for the first time to explain how to accept or refuse cookies.

 

Hyperlinks to and from third-party sites:

Aldes has no control over the content of third-party sites. The existence of a hyperlink between the Application and a third-party site does not mean that Aldes makes any guarantee or assumes any liability regarding the content or use thereof. Each User is responsible for taking the necessary precautions to ensure that there are no viruses on the website visited. Each User of the Application is prohibited from creating a hyperlink on any other website with a page from the Aldes website without the prior written consent of Aldes.

 

Status of the Application:

 

The Application belongs to Aldes, which is independent of any public or administrative authority, including the OQAI, ADEME and the CSTB.

 

Products Eligible for the Application:

 

The Aldes products eligible for the Application ("Eligible Products") are connected Aldes products (by built-in modem and sensor or, depending on the model, by modem and sensor purchased and installed by the User at his/her expense) in the ventilation, domestic hot water and thermal comfort product ranges.

 

 

Compatibility of the Application:

 

The Application is compatible with iOS 7.0 or later version and with Android 4.1 or later version.

 

Access to the Application:

 

The Application is accessible to private individuals and legal entities; if the User is a minor, his/her legal representative is responsible for said minor's use of the Application.

 

Access to the Application implies that the User has an Internet connection and the following hardware and equipment:

 

·         Compatible smartphones: iPhone 5/6, iPad 3, iPad mini (note: the version of the Application for tablets is not optimised); Samsung S4 Mini, HTC One, Nexus (note: the version of the Application for tablets is not optimised);

·         Modem sold by Aldes and purchased and installed by the User at his/her expense to make the Eligible Products connectable (USB or IBus connection, depending on the Eligible Product).

 

The Application is not accessible via a computer.

 

The Application is accessible to several people per Eligible Product.

 

The Application is accessible to the person or persons whose primary residence is the building equipped with the Eligible Product (owner, tenant or occupant) and/or to the installer of the Eligible Product and/or to Aldes.

 

The Application may be downloaded only if the User expressly agrees, at the time of download, that the following required information will be sent to the Application: e-mail address.

 

The Application may be downloaded in several ways: (i) from the Apple Store for iOS (iTunes account required) or (ii) from Google Play for Android (Gmail account required).

 

When starting the Application, the User must enter his/her email address, the serial number of the Eligible Product and the name of the Eligible Product (based on drop-down menu choices).

 

The Application may use plan data and the User should check with his/her operator in this regard.

 

 

 

 

 

 

 

Suspension, Interruption and Updating of the Application:

 

Access to the Application may be suspended at any time by Aldes, temporarily or otherwise, including (but not limited to), (i) in case of non-compliance by the User with the Terms of Use (without prejudice to any other rights and actions of Aldes), (ii) in case of problems, incidents or technical failures of the equipment, networks and infrastructures required for the proper functioning of the Application, and/or (iii) in case of maintenance on the Application.

 

Aldes may update or modify the Application at any time without prior notice. Said updates or modifications will be binding on the User as soon as he/she uses the Application.

 

If the Application is not available, the functions of the Eligible Product may be controlled directly on the control panel located on said Eligible Product.

 

Use and Intellectual Property Rights:

 

The Application is intended (i) for the personal, private information of the User and (ii) to allow Aldes and/or its regular partners (e.g. installers) and/or any other partners authorised by Aldes to pursue their efforts to improve their products and services and develop their activities.

 

The User may not exploit the Information and/or Functionalities of the Application, in whole or in part, on a commercial or non-commercial basis, for valuable consideration or free of charge, for purposes that are not personal and private, including with, vis-à-vis or for the benefit of third parties, without the prior written consent of Aldes.

 

Aldes and/or its regular partners (e.g. installers) and/or any other partners authorised by Aldes may freely use and exploit the Information and Functionalities of the Application, in accordance with the applicable laws and regulations, in whole or in part, on a commercial or non-commercial basis, for valuable consideration or free of charge, without further agreement by the User who, by accessing the Application and under the Terms of Use, grants Aldes the right to exploit the Information (data, measurements, profiles, results, etc.) generated by the User freely and without valuable consideration; in this respect, the User grants Aldes an irrevocable, non-exclusive, worldwide and royalty-free licence for the duration of Aldes' legal existence, along with the right to grant any sub-licence, to copy, reproduce, exploit, modify, translate, disseminate, produce, display, distribute, transmit, republish, download, display, present, post, sell, market and exploit commercially the Information generated by the User, by any existing or future means, including but not limited to on websites, paper and audio media.

 

 

 

 

 

 

 

The User waives, without valuable consideration and for the duration of Aldes' legal existence, all rights to privacy relating to the Information generated by the User and all other legal or moral rights that would prevent Aldes from using the Information generated by the User or would require Aldes to ask the User for permission to use the Information generated by the User. The User agrees not to assert any claim, whether based on contract, tort or any other legal theory, against Aldes and/or its regular partners (e.g. installers) and/or any other partners authorised by Aldes relating to the use, by Aldes and/or its regular partners (e.g. installers) and/or any other partners authorised by Aldes, of the Information generated by the User, and releases Aldes and/or its regular partners (e.g. installers) and/or any other partners authorised by Aldes from all claims.

 

The User represents and warrants that the Information generated by the User will not infringe the right to privacy of any third party.

 

The User represents and acknowledges that all or some of the elements of the Application are protected by the laws and regulations relating to the protection of industrial property and intellectual property and particularly as regards (i) copyright and/or (ii) databases and/or (iii) designs and/or (iv) trademarks.

 

The Aldes trademarks and the trademarks of the Eligible Products are the property of Aldes, its subsidiaries and/or third parties who have authorised Aldes to exploit them.

 

Therefore, any full or partial reproduction, representation, use, adaptation, modification, incorporation, translation or commercialisation, by any process, in any manner and on any medium (paper, digital, etc.) of all or part of the Application without the prior written consent of Aldes is prohibited, under penalty of copyright infringement.

 

Credits:

 

Apple, the Apple logo and iPhone are registered trademarks of Apple Inc. iOS is a registered trademark of Cisco Inc. Google, Android and the Android logo are registered trademarks of Google Inc.

 

Personal Data - Data Protection:

 

In order to implement the Application and in order for the Application to perform its Functionalities, the Application collects Information and data entered by the User and/or transmitted by the Eligible Product.

 

Acceptance of the Terms of Use implies the User's agreement to have said Information and data collected, transmitted and used by the Application in order to perform the Functionalities and fulfil the aforementioned purpose of the Application.

 

 

 

 

 

The User is informed, acknowledges and agrees that Information collected via the Application may be used, in France or abroad, in accordance with the applicable laws and regulations, by Aldes, its subsidiaries, its sales network and/or its regular partners (e.g. installers) and/or any other partners authorised by Aldes and/or any company that may offer a service on behalf of Aldes, for technical or commercial purposes.

 

The files and data collected by Aldes in connection with the Application were the subject of declarations (number [•] and number [•]) to the Commission Nationale de l’Informatique et des Libertés (CNIL).

 

Pursuant to the amended French Data Protection Act (Law No. 78-17 of 6 January 1978), the User has a right of access, modification, correction and deletion with regard to the information and data concerning him/her as well as a right to object to the processing of said information and data. This right may be exercised by contacting the Aldes Data Protection Officer (i) by postal mail at the following address: 20 Boulevard Irène Joliot Curie 69200 Vénissieux, (ii) or by e-mail at lettres.cil@aldes.com.

 

Security:

 

The User is prohibited from modifying and taking action on the Eligible Product except within the limits indicated in the maintenance manual and operating instructions of said Eligible Product.

 

The User agrees not to perform any operation that may result in viruses and functional or other computer failures that could affect the operation of the Application, its Functionalities or any server or service accessible via the Application.

 

Access to the Application and the use thereof or of any server or service accessible via the Application (i) must comply with the national and international laws and regulations in force as well as the rights of third parties and (ii) may not harm Aldes in any manner whatsoever, without the person responsible being held liable.

 

Confidentiality:

 

Following the purchase and/or use of the Eligible Product and your voluntary use of the Application, you agree that Aldes - and/or its regular partners (e.g. installers) and/or any other partners authorised by Aldes - may use, in accordance with the applicable laws and regulations and these Terms of Use, directly or indirectly, personally or via an intermediary, the Information (including the personal data) collected.

 

The Functionalities resulting from the Application are intended solely for the personal and private use of the User. As an essential prerequisite for the User's access to and use of the Application, the latter is prohibited from communicating the Functionalities to any third party, regardless of the manner of such communication, or from exploiting them for purposes other than his/her private information. In general, the User is prohibited from taking any actions that are based on the Functionalities and the purpose or effect of which is to harm the image of Aldes and the Eligible Products.

 

 

Limitations and Exclusions of Liability:

 

The User is solely and entirely responsible for use of the Application and its Functionalities. The User is solely responsible for the data that he/she enters and for the condition of the building relating to the Eligible Product.

 

The warranty of the Eligible Product is included in the conditions of sale of the Eligible Product (including in particular the terms and conditions of sale) by the installer and/or distributor.

 

The Application and its Functionalities constitute an informative, non-contractual service offered free of charge to the User without any guarantee. Therefore, Aldes, its subsidiaries, its managers, its executive officers and its employees (i) may in no way be held liable and make no representation as to the operation of the Application, its purpose and Functionalities, including as regards their reliability, completeness, accuracy and precision, (ii) do not guarantee that the Application or its Functionalities are free of error or that the Application will not be interrupted, and (iii) do not guarantee the absence of a computer virus.

 

Aldes and its subsidiaries may under no circumstances be held liable for direct or indirect damage, including damage to property, immaterial damage, data losses, loss of profit, program losses or financial harm resulting from access to and use of the Application and its Functionalities or from the inability to access or use the Application and/or its Functionalities.

 

The User accesses and uses the Application and its Functionalities at his/her own risk.

 

Moreover, in the event that the applicable laws and regulations do not recognise the limits and exclusions of warranty stipulated in the Terms of Use, Aldes' maximum compensation will, given that the Application is provided free of charge, be one euro per User showing actual, certain, proven and justified harm, all claims included.

 

The Application is accessible via the Internet. It is therefore noted that the Internet is an open network made up of interconnected computer networks. Management of the Internet is not subject to any central entity and each portion of this network belongs to an independent public or private body. Its operation therefore relies on cooperation among the operators of the various networks with no delivery or delivery quality obligation among operators. Networks may have unequal transmission capabilities and specific use policies.

No one can guarantee the proper operation of the Internet as a whole. Consequently, Aldes assumes no liability and provides no guarantee in case of malfunction of the Internet (transmission delays or any other malfunction).

 

Access to and use of the Internet implies knowledge and acceptance of the features and limitations of the Internet, particularly as regards the lack of protection of certain data against theft or piracy and risks of contamination by viruses circulating on the network, technical performance, response time for viewing, querying or transferring information, risks of interruption and, more generally, risks inherent to any connection and transmission over the Internet.

 

Moreover, Aldes may not be held liable for, without limitation, bugs, computer viruses, reliability of data transmission, reliability of the Functionalities, access times or any access restrictions to the Internet or the networks connected to it.

 

Aldes may not be held liable in the event of interruption of the networks providing access to the Application, full or partial unavailability of the Application and/or its Functionalities resulting in particular from the telecommunications operator, transmission errors or problems relating to transmission security, or failure of the User's receiving equipment or telephone line.

 

Relative Effect:

 

In the event that one or more provisions of the Terms of Use is deemed null and void, invalid or not binding by a competent court, the other provisions of the Terms of Use will remain valid and the provision(s) deemed null and void, invalid or not binding will be updated and replaced by one or more non-null, valid or binding provisions, in accordance with the intention, particularly economic, of the provisions deemed null and void, invalid or not binding.

 

Tolerance:

 

Aldes' failure or delay in applying or enforcing the Terms of Use may not be construed as a waiver by Aldes of the Terms of Use. No waiver of the Terms of Use is enforceable against Aldes without its prior written consent.

 

Transmission:

 

Aldes may freely transfer or transmit the benefit of the Terms of Use to its successors and assigns.

 

Applicable Law - Disputes:

 

The Application and the Terms of Use are subject to French law at the exclusion of choice of law rules. They are written in French. This document is a free translation in English.

 

In case of a dispute relating to the interpretation or performance of the Terms of Use, the courts of Lyon (69 – France) will have sole jurisdiction, unless otherwise required by law.

 

 

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