Condair Group AG, Pfäffikon SZ, Switzerland, as manufacturer and licensor (in the following “the Licensor”), permits you, the user and licensee (in the following “the Licensee”), to use the HumiLife app (in the following “the App”) in accordance with these end-customer conditions of use (in the following “the Conditions of Use”)
1 Subject and scope of the Conditions of Use1.1
The subject of these Conditions of Use is the granting to the Licensee of user rights over the Licensor’s App and the regulation of its use in terms of the functions offered by the App. The App may be used in connection with the operation of the Licensor’s Condair HumiLife air humidifier. In order to do so, the air humidifier must fulfil the technical conditions for communicating with the App and it must be provided with an Internet connection. Further information can be found in the relevant product documentation. Installation of the App on your end device is free of charge. Use of the App requires registration, cf. Section 5, and consent to the data privacy statement for the HumiLife App.
The App consists of the App’s object code, as provided by the Licensor (for example through a platform such as Apple App Store or Google Play Store) for download and installation on the end device in use. The Licensee is not entitled to make or apply changes to the App, whether in person or through third parties. The source code remains the sole property of the Licensor. The Licensor acknowledges that all rights to the App, including intellectual property rights, and thus the source and object code, remain the sole property of the Licensor. These Conditions of Use and the actual use of the App do not entitle the Licensee to any rights of use over the App other than those regulated in Section 3.
These Conditions of Use apply – unless this is explicitly waived – both to private consumers and to entrepreneurs. A private consumer is any natural person who enters into a legal transaction for purposes which cannot mainly be assigned to his or her trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
The Licensor provides updates for installing the App in order to ensure the reliability of the App or to accommodate a change to the function of the App and to adapt the App to technical advances. In so doing, the Licensor may use its discretion to adjust the functions of the App without special notice, though without significantly limiting such functions. The Licensor will give the Licensee prior warning of such adjustments through the existing functions on the platforms (such as Apple App Store or Google Play Store). The Licensor recommends that updates are always promptly installed.
The Licensor also provides updates for the air humidifier firmware, which are independently downloaded from the Licensor’s server to the air humidifier via the Internet connection. Air humidifier firmware updates are normally only downloaded with the consent of the Licensee. The Licensor reserves the right to install functional and safety-related updates to the air humidifier firmware without the direct consent of the Licensee.
If app or firmware updates are not installed by the Licensee even after a reminder in the App (push notification), the Licensor may terminate this agreement and delete the associated user account. The Licensor accepts no liability for damage or loss sustained by the Licensee which could have been prevented by an app or firmware update.
The Licensee is not entitled to the provision of air humidifier app and firmware updates for the purpose of extending the functions.
The Licensee accepts that the Licensor will only ever service the current version of the App
3 Grant of right of use, availability3.1
On registration, the Licensor grants the Licensee (see Section 5, duty to register) non-exclusive, generally non-assignable and non-sublicensable, free and time-unlimited rights of use over the App. The rights of use over the App according to these conditions of use are granted for personal use in connection with Condair HumiLife products on an end device owned or used by the Licensee. No rights to the App such as rights of reproduction etc. other than installation and use of the App on the end device are granted.
The grant of rights of use depends on the following conditions:- the Licensee acknowledges the Licensor’s copyright and in particular will not change or remove any copyright labels.- the Licensee will not change and/or decompile the App (German Copyright Act, Sections 21 and 24(3) remain reserved).
If the Licensor permits the transfer of rights of use by the Licensee to a third party, the Licensee shall ensure that the third party also recognises these conditions of use and assumes all contingent rights and duties.
Certain of the app functions require a connection with one of the Licensor’s systems (back end) via the Internet. The Licensor does not guarantee that the service will be available at specific times: malfunctions, interruptions or downtimes may occur. The Licensor will attempt to carry out maintenance in time windows when the App is only rarely used.
4 Supported end devices and supported hardware and software4.1
TheLicensor provides the Licensee with the App for defined use on a supported end device. The supported end devices and the minimum requirements for the end devices are listed in the current product documentation or on the App platforms (Apple App Store or Google Play Store).
When using the App, the Licensor’s system and software requirements (see details on the Apple App Store or Google Play Store platforms) must be complied with. Software programs and third party services intended for interaction with the App must only be used after approval by the Licensor. Compliance with the system requirements is the responsibility of the Licensee alone. Questions regarding interoperability must be referred to the Licensor.
Proper use of the App requires the Licensee to register and to set up a user account. In so doing, correct and complete information regarding identity, e-mail address and, in some cases, place of installation must be entered and subsequently updated in case of changes. In addition, Licensees must inform the Licensor when they are no longer entitled to use the air humidifier activated in the App (e.g. if the building in which the unit is operated is sold to another owner). Infringement of this obligation will entitle the Licensor to exclude the Licensee from using the App.
Proper Licensor may block a user account if there is reason to believe the account is being used in an unauthorised fashion and/or attempts are being made to access the user account by means of unauthorised access to the App or the Licensor’s underlying systems (hacking). In such cases the Licensor will inform the Licensee in question immediately via the e-mail address stored in the user account and provide the Licensee with renewed access by setting up a new user account, unless the facts suggest that the Licensee is responsible for attempts at unauthorised access to the Licensor’s systems.
In exceptional cases, the Licensor may terminate this contract without notice and delete the user account, if the the Licensor’s back end is continuously unable (for more than 72 hours) for reasons outside its responsibility to make a connection with the Licensee’s unit and the Licensor has informed the Licensee of this by e-mail to the address on record or by telephone, but the situation has not been remedied within a week of so doing.
Configuration of the App to match the air humidifier is the sole responsibility of the Licensee and is performed in accordance with the current product documentation or the app installation wizard. The Licensor accepts no liability for the correct configuration of the App or for problems arising from the its incorrect configuration.
The functions made available by the App are free of material defects if they fulfil the functions stated in the currently valid product documentation or otherwise separately agreed. The Licensor does not guarantee that the App’s functions will match the Licensee’s requirements.
Acceptance of liability for defects in the App’s functions will depend on the reproducibility of the defect. The Licensee must describe this in sufficient detail. If the App provided by the Licensor is defective, the defect will be remedied by the Licensor within an appropriate time, as long as the cost of remediation is reasonable. If subsequent performance fails, the Licensee shall be entitled to withdraw from the contract. This does not apply in the case of trivial defects. There is no right to a price reduction. This limitation on liability shall extend to all claims competing with the warranty rights, whether regarding the contract (OR (Swiss Code of Obligations) Articles 97 ff), a criminal offence (OR Articles 41 ff) or rescission of the contract due to mistake (OR Articles 23 ff), etc.
The Licensee must provide the Licensor with reasonable support in identifying defects, for instance by paper printouts, screenshots or descriptions of faults, etc.
The Licensor has unlimited liability if the damage or loss caused by the Licensor or its legal representatives or assistants was due to a wilful act or gross negligence. The Licensor also has unlimited liability in the case of harm to life, limb or health. In addition, the Licensor is liable for the guaranteed functions of the App and in the legislative area in accordance with mandatory laws, in particular the Swiss Product Liability Act and the product safety legislation.
Liability is waived for minor negligence. Liability for associates is completely excluded, i.e. even for wilful act or gross negligence (OR Article 101(2)).
In particular, the Licensor is not liable for loss of profit, loss of data and interruption of business.
The Licensor is not liable for damage or loss due to faulty settings for which the Licensor is not responsible or for the use of end devices which do not meet the system requirements.
The Licensor is not liable for other costs arising from the use of the App (in particular costs of data transfer via mobile communications, including data roaming). This exclusion of liability does not apply in case of the Licensor’s gross negligence or wilful act.
8 Right to terminate
The Licensor is entitled to terminate this licence agreement for important reasons, in particular, serious breaches of these conditions of use or of copyright in the App.
On expiry of the warranty period arising from the user’s contract to purchase the air humidifier or for retrofitting it with an Internet interface, the Licensor retains the right to discontinue the App and to terminate this agreement.
9 Final provisions
If any provisions in these conditions of use are or become ineffective, they should be replaced by a provision which as far as possible meets the economic objective of the ineffective provision. If any provision of these conditions of use is or becomes ineffective, this will not affect the effectiveness of the other conditions of use or of this agreement as a whole.
The Conditions of Use may be modified or expanded at the Licensor’s discretion to an extent which is reasonable for the Licensee. In this case, registered Licensees will be informed at least six weeks before the change comes into force in text form (e.g. via the e-mail address provided by the Licensee via the App itself or by the product’s information service) The modified or expanded Conditions of Use will apply unless objected to by the Licensee prior to the effective date, and after the Licensor has expressly drawn the Licensee’s attention to the consequences of silence. If the Licensee raises an objection, the Licensor may terminate this agreement by giving one month’s notice from the submission of the objection.
10 Applicable law, jurisdiction
Swiss law shall apply (OR).
The sole place of jurisdiction is Pfäffikon SZ, Switzerland. However Condair Group AG is entitled to apply to any other competent court.
In case of disputes arising from consumer contracts, the following are competent:
1. for complaints by the consumer, the court for the residence or domicile of one of the parties;
2. for complaints by the service provider, the court for the residence of the party defending the claim
Valid from 01.01.2020
We are delighted with your interest in our company. Data privacy has a high priority for the management of the Condair Group. Processing of personal data, such as the name or e-mail address of a data subject will always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Condair. This data privacy statement is intended to inform the general public of the nature, scope, and purpose of the personal data our enterprise collects, uses and processes. Furthermore, this data privacy statement informs data subjects of the rights to which they are entitled.
By your consent to the following data protection provisions you agree to allow the Condair Group to collect, process and use personal data, having regard to the applicable legal regulations and the provisions below.
1 Name and address of the data controller
The data controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Condair Group AG
8808 Pfäffikon SZ
Tel.: +41 55 416 61 11
All subsidiaries are listed on our website: www.condairgroup.com/company-information/
Condair’s data privacy statement is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data privacy statement should be clear and intelligible for the general public, as well as for our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data privacy statement, we use terms such as the following:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the data controller.
c) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, data controller, data processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent by the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signals agreement to the processing of personal data relating to him or her.
e) Data controller
Data controller is a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. If the purposes and means of such processing are defined by Union law or the laws of the Member States, the data controller or the specific criteria for the appointment of the data controller may be determined by Union law or the laws of the Member States.
f) Data processor
Data processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the data controller.
3 What personal data do we collect?
Condair collects the following personal data when you use the Condair HumiLife Smartphone App and its associated services:
User account data: In order to use the Condair HumiLife App, you are invited to register with us. Your user account data comprises name, e-mail address, user name and password.
Contact data: Data enabling us to contact you directly, such as your name, e-mail address, telephone number and your addresses, when you place an order via the Condair HumiLife App.
Transaction data: Records of the products and services you buy from us.
Payment data: Credit/debit card details and bank account data supplied by you in order to pay for the products and services you have purchased.
Delivery information: Data about the delivery of our products to you.
Installation and servicing history: Records of the installation of our products at your address or in your property and data about the servicing of this product.
Device data, remote access: Data about the electronic devices (computer, mobile phone, smartphone) you use to connect to our website or your Condair HumiLife App, such as data about the device type, your IP address, the browser you use and other applications on your device connected to our services and products.
How you use your Condair HumiLife product: Data about the Condair products and services you use at home, which devices are connected with these and how these devices are used together with Condair HumiLife products. This includes, for example, data about room air humidification, room air temperatures and humidifier settings and time schedules for controlling your Condair HumiLife product, such as room air humidity, room air temperature and type of the device you have connected to your Condair HumiLife product.
How you use your Condair HumiLife App: When you use the Condair HumiLife App, we record data about the pages viewed by you and how you used them.
Location data: Data about the exact location of your Condair HumiLife product, if you share this with us. This will allow you to optimise control of room air humidity by reference to weather data.
4 What other, non personal data do we collect?
Device data, product: Data about the Condair HumiLife product which you have connected to the Condair HumiLife App. This could be control signal, switch status of the actuators in the device and process parameters such as current steam volume, water conductivity, water temperature or water pressure.
5 What other, non-personal data do we collect?
We may anonymise and summarise any personal data we hold (so that the data cannot be traced back to you). We may use anonymised and aggregated data for purposes including the testing of our IT systems, research, data analysis, improvement of our website, apps and products and the development of new products and services.
6 Storage period
We store your personal data for as long as you have an account with us. After you close your account with us, we delete all your personal data.
7 Data sources
We collect personal data from a number of sources. These include the following:
8 Data security
We give the highest attention to the security of your data within the applicable data privacy legislation and the technical possibilities. All your data is transferred and stored in end-to-end encrypted form. To secure your data, we maintain technical and organisational security measures corresponding to GDPR Art. 32, which we constantly adapt to the state of the art.
We do not guarantee that our service will be available at specific times: malfunctions, interruptions or downtimes may occur. The servers we use are regularly and carefully secured.
9 Transfer of data to third parties
In principle we only use your personal data within our enterprise.
In cases where we delegate parts of the data processing, we enjoin the data processor only to use personal data in accordance with the requirements of the data privacy legislation and to ensure the rights of the data subject are protected. This may apply to the following data processors:
Installers and service technicians: so that information about malfunctions can be retained and optimally prepared for use at your site.
Logistics enterprises: for delivery of the products you have ordered.
Development partners: Enterprises which support us in developing our products, apps and cloud solutions.
Cloud solution hosts: Our cloud solutions are hosted in encrypted form by Amazon Web Services. The servers are preferably located in Europe, but for connection optimisation reasons may also be in North America.
Other service providers and consultants: Enterprises which support our IT, support us in analysing the data we have stored, process payments, send messages to our customers, or offer us legal or financial advice.
The government or supervisory authorities: if we are legally obliged to do so.
We do not pass personal data on to third parties other than described above. We may provide third parties with aggregated statistical data and analysis of users of our products and services, but, prior to disclosing this, we ensure that no-one can be identified from this data.
We never pass on data to third parties for advertising purposes.
10 Transfer of your personal data abroad
The personal data we collect may be transferred to countries outside the European Union and stored there. Some of these jurisdictions require a different level of protection for personal data, and in certain cases, the laws of these countries are less protective than the jurisdiction which you normally frequent. We shall take all appropriate measures to ensure that your personal data is only used in accordance with this data privacy statement and the applicable European data protection legislation and is respected and protected accordingly.
11 Service messages
The Condair HumiLife App sends service messages by e-mail or directly to your smartphone or device via our App whenever we have something important or interesting we need to draw to your attention or whenever you ask to be informed about various events.
You have the following rights in relation to your personal data:
In order to exercise the above rights, or if you have questions about your rights, you should contact us by means of the details given at the start of this guideline.
If you are dissatisfied with the nature and methodology of our use of your personal data, you can also approach your local data protection authority. We are here to help, and would encourage you to contact us first so that we can resolve your difficulty.
13 Other matters
Any data subject may, at any time, contact our Data Protection Officer directly about any questions and suggestions concerning data protection.
DPO Adrian Spörri
Condair Group AG
8808 Pfäffikon SZ
Phone: +41 55 416 62 21
Valid from 01.01.2020