1. General provisions

1.1. General Terms and Conditions for using HeatNext Service (hereinafter: HeatNext) lay out the guidelines of using HeatNext Service and govern the relationship between NOMNIO d.o.o., Razvanje, Tržaška cesta 85A, SI-2000 Maribor, Slovenia, as the service provider and end-users of HeatNext Service.

1.2. These General Terms and Conditions becomes legally bound with the moment the user expressly agrees to have read and agreed with these General Terms and Conditions. If at any time user does not agree with these General Terms and Conations, or their modifications, he must immediately terminate the use of HeatNext Service in the manner described in section 4.6.

1.3. Modification of these Terms and Conditions: The service provider reserves the right, at his discretion, to change or modify these Terms and Conditions, at any time. The service provider will notify the user of any modifications of these Terms and Conditions. User must review every modification of these Terms and Conditions, because continued use of HeatNext Service after notification of changes to these Terms and Conditions, constitutes the user's binding acceptance of such changes. If the user does not agree to be bound by the modified Terms and Conditions, he must stop using HeatNext Service immediately. Because HeatNext Service is evolving, the service provider may change these Terms and Conditions at any time, as well as discontinue to provide HeatNext Service.

2. Definitions

2.1. HeatNext Applications is the end-user application that enables users to remotely access the heating system through a mobile or other smart device by connecting to HeatNext Service in the cloud.

2.2. HeatNext Pro Application is the dedicated application for Repairer and HeatNext support.

2.3. Service provider is NOMNIO d.o.o., Razvanje, Tržaška cesta 85A, SI-2000 Maribor, Slovenia.

2.4. User encompasses the end-user, i.e., a customer that uses HeatNext Services.

2.5. Repairer and authorized installer are professionals who operate within or for the company where the user bought his Controller, which is supported in HeatNext Service, and perform services of installation, maintenance, or support of the heating system..

2.6. HeatNext Service or HeatNext is a system platform that enables the users to remotely control the heating through a mobile application.

2.7. Controller is a device that controls the operation of the heating system.

2.8. G2/G3 communication module is a Wi-Fi gateway that connects to the household Wi-Fi network and connects Controller to Service in Cloud, and transfers data between the HeatNext Application and the Controller.

2.9. Instructions for use of G2/G3 communication module are instructions for use and settings of Wi-Fi G2/G3 communication module, and Instructions for installation Wi-Fi G2/G3 communication module. Instructions for use are available at the HeatNext website www.heatnext.com.

2.10. Personal data protection statement lays out the rules on the protection of personal data and is available at HeatNext website www.heatnext.com.

3. HeatNext services

3.1. HeatNext Service is a functional environment, developed exclusively for users of heating Controllers, which are supported with HeatNext Service, and who wish to regulate the heating system via remote access, monitor and analyze the status of each heated area, and change the values of the heating system parameters with individual entries or by setting cycles of heating schedule.

3.2. Achieving the positive effects and the purpose of HeatNext Service depends on the user, his activities, and efforts to rationally and effectively manage the heating system.

3.3. In the event of any damage incurred to users or third parties due to failure to achieve savings in heating costs, the liability of the provider, its authorized Repairer, and qualified installer, is excluded.

4. HeatNext application

4.1. Use of HeatNext application

4.1.1. User gains the right to create a user account and password and use the HeatNext Application, upon setting up Application on to a mobile or other smart device and by purchasing and correctly installing G2/G3 communication module on to supported heating Controller.

4.1.2. Users access HeatNext Service through their user account in the HeatNext Application, set up on a mobile device with Android or iOS operating system, or on another smart device with a supported Internet browser and enabled data transfer or Internet access. Data transfer and Internet access are enabled by the user. The provider assumes no responsibility for potential damage to users arising from non-operation or interruptions in the operation of the HeatNext Application resulting from limited access or lack of access to the Internet.

4.1.3. For detailed instructions on downloading the HeatNext Application and creating a user account, see Instructions for use of the communication module G2/G3.

4.1.4. User has the right to access and use the HeatNext Application in the scope of basic functions, and in the scope of advanced functions, if he is subscribed to the last. The user has the right to change the scope of subscribed functions at any time.

4.1.5. Individual functions and the full functioning of the HeatNext Application are supported by other dedicated applications and various software of third parties, that provide analytical processing, namely: Google Inc. (analysis of use, authentication with Auth0), Facebook Inc. (authentication), Auth0 Inc. (authentication), Microsoft Corp. (server and data infrastructure, helpdesk plugin), OpenWeatherMap, Inc. (weather forecast for the building location entry).

4.2. Managing the shared heatnext environment

4.2.1. With HeatNext Service, one user account can be created for one environment by several users (e.g. family members), i.e., guest(s), whereby the access to the heating system is assigned by the holder of HeatNext environment through the HeatNext Application.

4.2.2. The right to assign, restrict rights and manage user accounts linked to a shared HeatNext environment belongs exclusively to the user designated as the holder of HeatNext environment (administrator). Only one user of the HeatNext environment can be assigned as administrator.

4.2.3. It is not possible to transfer administrator rights to another user of a shared HeatNext environment. The holder of HeatNext environment has the right to remove G2/G3 from its user account, making G2/G3 available for download by another user. In this case, the HeatNext environment can be restored.

4.3. Misuse of HeatNext application and sanctions

4.3.1. In the event of misuse of the HeatNext Application, each user shall have the right to disconnect the G2/G3 communication module at the place of installation or to demand from the provider to disable the option of remote access to manage the heating system. The user has the right to request from the provider to disconnect G2/G3 or to reset G2/G3 and set new identity properties of the G2/G3 communication module in such a way as to ensure a newly designated holder (administrator).

4.3.2. In the event of misuse or suspected misuse of the HeatNext Application, the provider has the right to delete the user account or to restrict its access to a particular shared HeatNext environment.

4.3.3. The provider reserves the right to forward any request for limitation or exclusion of the right to the remote management of the heating system to the authorized Repairer or another authorized person, regardless of the reason, justification, or urgency of the request.

4.4. Removing user account

4.4.1. At any time and without giving any reason, the user has the right to request deleting or terminating (hereinafter: remove, removal) his user account, to the provider.

4.4.2. The request to remove the user account must include user information (full name and a valid email address).

4.4.3. The request to remove the user account can be forwarded by the holder of the user account in writing via email at info@heatnext.com, or via regular mail to the official address of the provider: NOMNIO d.o.o., Tržaška cesta 85 A, SI-2000 Maribor, Slovenia.

4.4.4. If the removal of the user account is requested by the administrator, the administrator must first provide either the transfer of administrator rights to another user or to remove all other users (guests) from the HeatNext environment group and delete all G2/G3 from its user account.

4.4.5. The provider undertakes to carry out the removal of the user account itself or through another authorized person no later than 3 working days after receiving the request to remove the user account.

4.4.6. The provider shall notify the user via email about the successful removal of his user account. The provider does not assume any responsibility for possible damage to the user arising from untrue or incorrect information or indications given in the request to remove the user account.

4.4.7. With the removal of the user account, the provider undertakes to delete all user-related data from its database. The provider deletes data from its database in 1 month after removing the user account. In the event, that provider must delete a large amount of data, or that data deletion is complex, the provider can keep the data for another 2 months. The provider does not assume any responsibility for possible damage to the user arising from data deletion.

4.4.8. The user is aware that the removal of an individual user account includes permanent deletion of all data associated with the user account and cannot be retrieved.

4.4.9. In the event of removing the user account of a user, who is the only registered user for remote management of the heating system, the removal also includes permanent deletion of data concerning the values and parameters of the heating system and the analysis of these parameters.

4.4.10. The provider shall not be responsible for any damage incurred to an individual user arising from data deletion or loss of data relating to the removed user account or other values and parameters entered into HeatNext Service, insofar as the user account has been removed upon the user’s request.

4.5. Payment

4.5.1. The provider provides two ways to access or use the HeatNext Application (by payment or free of charge).

4.5.2. The provider enables free of charge access to basic functions of HeatNext Application and paid access to advance functions of HeatNext Applications. To use applications HeatNext, the user must first by and accurate install communication module G2/G3.

4.5.3. User can begin to access or use free content with transfer and installation of HeatNext Application on to mobile or other smart devices, through web application on website www.heatnext.com and agreeing to these Terms and Conditions.

4.5.4. Provider reserves the right to change contents that he provides free of charge and to disable access to free content, at any time.

4.5.5. User will be notified about paid content in the HeatNext Application or on the website HeatNext.com. About paid content, current fee amounts, terms, ways of payment, and terms of membership termination, and every other detail, will be disclosed to the user before signing up. Upon notification, the user has the option to award a contract of membership by clicking on the order. By clicking on the order, the user issues a binding offer. By confirming the order or by providing access to paid content, the contract between the user and the provider is concluded.

4.5.6. Membership: In the case of Membership, the provider grant user a limited, nonexclusive, nontransferable, revocable, and personal license to access and use paid content of HeatNext Application.

4.5.7. Payment: In the case of Membership, we may ask the user to supply additional information relevant to the Transaction, including, without limitation, user credit card number, the expiration date of users’ credit card, and billing address (such information, “Payment Information”). User represents and warrants that he has the legal right to use all payment method(s) represented by any such Payment Information. When the user initiates a Transaction, he authorizes the provider to provide his Payment Information to third parties, who complete user Transaction (trough Braintree service by PayPal (Europe) S.à r.l. et Cie, S.C.A.); the user may need to provide additional information to verify his identity before completing Transaction (such information is included within the definition of Payment Information).

4.5.8. User will be charged an Annual Membership at the beginning of the paying portion and each year hereafter, respectively, at the then-current rate. The provider will automatically charge the user on the anniversary of the commencement of the paying portion of his Membership using the Payment Information user provided.

4.5.9. By agreeing to annual Membership, the user acknowledges that the Membership has recurring payment features and accepts responsibility for all recurring payment obligations. Annual Membership is permanent until prior cancellation of Membership by user or provider.

4.5.10. All charges are nonrefundable. If there is a defect in the HeatNext Application, that disables its use and is by provider fault, the user may receive a replacement rather than a refund. Users may receive a replacement in event that the provider disables access to paid content of the HeatNext Application.

4.5.11. Free Trial: Provider may offer a free trial Membership to access specific content (“Free Trial”) for a limited period. The specific terms of Free Trial will be provided at signup and/or in the promotional materials describing the Free Trial. Free Trials are only available to users who have not previously completed a Free Trial. Unless the user cancels his Membership before the end of his Free Trial, the provider will begin charging the user payment method regularly for the Membership Fee until the user cancels Membership. Instructions for canceling Membership are stated below in Section 4.6. The provider will not notify the user that his Free Trial has ended or that the paid portion of his Membership has begun.

4.6. Cancellation of the contract

4.6.1. At any time, the user can cancel a Membership to the paid content of the HeatNext Application. The user is not entitled to a refund of the already paid Membership. Users can cancel the membership through the HeatNext Application by signing up and going to settings. The cancellation of Membership can also be made via email: info@heatnext.com. In case of cancellation of Membership, the cancellation will be effective immediately, but the Provider will allow the user to access HeatNext Application until the most recently paid-up Membership period ends and then will terminate users access to paid application content.

4.6.2. Cancelling users Membership won’t cancel users Account. For removing the user's account, see Section 4.4. above.

5. G2/G3 communication module

5.1. Purchase, set up, and use

5.1.1. Users can purchase the G2/G3 communication module through business partners of company NOMNIO d.o.o. and through its purchasing canals. You may find NOMNIO d.o.o. business partners on the HeatNext website www.heatnext.com.

5.1.2. Purchase and return of the purchased product or its replacement are enabled following the applicable regulations governing the obligations and consumer protection and under the conditions determined by the seller or the distributor where the product has been purchased.

5.1.3. For G2/G3 to function properly, the user must provide wired Internet access and a wireless router (Wi-Fi router) of sufficient power, a Controller supported by HeatNext Service, and mobile or another smart device that supports the HeatNext Application and has enabled Internet access. The cost of meeting these requirements is borne by the user. The list of supported model versions and controller software is available at the HeatNext website www.heatnext.com.

5.1.4. The user is obliged to ensure that the requirements outlined in this chapter are fulfilled and to provide other devices or equipment necessary for G2/G3 installation and HeatNext set-up, as provided in Instructions for use of the module. The cost of purchasing the necessary devices or equipment is borne by the user.

5.1.5. The installation of the G2/G3 communication module must be carried out by an authorized person and following these General Terms and Conditions .

5.1.6. The G2/G3 installation, reset and use must comply with the Instructions for use of the module.

5.1.7. The user is aware that the G2/G3 communication module reset establishes factory settings and removes any installed software. G2/G3 communication module reset permanently deletes the Wi-Fi settings, which disables the use of the HeatNext Application.

5.1.8. The provider, its authorized Repairer, and qualified installer assume no responsibility for potential damage to users arising from non-operation or interruptions in the operation of HeatNext Application resulting from limited access or lack of access to the Internet, due to incorrect installation of G2/G3, non-compliance with the above-stated requirements, or for the loss of data arising from G2/G3 reset.

5.2. Warranty

5.2.1. The user of the G2/G3 communication module has the right to claim a warranty on the G2/G3 communication module in the event of G2/G3 communication module malfunction or if the G2/G3 communication module fails to correspond to the purchased product. The warranty process is carried out following the manufacturer’s warranty sheet attached to each product.

6. Force majeure

6.1. The provider assumes no responsibility for any damage, delay, or functional deficiencies of the heating system, HeatNext Service, HeatNext Application, or HeatNext Pro Application resulting from force majeure or events that could not be affected, prevented, or deterred.

7. User support

7.1. Technical support

7.1.1. Technical support for users is provided by authorized Repairers and qualified installers.

7.1.2. Technical support for users is provided in the form of physical assistance at the user's location and in the form of remote assistance via HeatNext Application following these General Terms and Conditions.

7.1.3. Technical support is provided during workdays, between 7 am and 3 pm.

7.1.4. Users can request technical support through the help function in the HeatNext Application or by phone, by calling the phone number of the selected Repairer.

7.1.5. Technical support and other help to users are also provided by the provider. Users can contact the provider through the contact form in the HeatNext Application, or by email addressed to support@heatnext.com .

7.1.6. The provider undertakes to allow the authorized Repairer to provide technical support.

7.1.7. The provider does not assume responsibility for the work of authorized Repairers. The payments for the services rendered are made directly to the authorized Repairer.

7.2. Heatnext pro application

7.2.1. HeatNext Pro Application enables a basic diagnostic of the condition of the heating system and provides technical support for users.

7.2.2. HeatNext Pro Application can be accessed exclusively by the provider, its authorized Repairers, and its other authorized legal persons providing services relating to and necessary for the proper operation of HeatNext Service for the provider (hereinafter: HeatNext Pro Application users).

7.2.3. HeatNext Pro Application enables the provision of remote assistance, diagnostics, and analytics of the customer’s heating system.

7.2.4. Establishing a connection between the HeatNext Application user and the HeatNext Pro Application user is established so that the HeatNext Application user assigns individual rights to the HeatNext Pro Application user through the HeatNext Application whenever the latter needs access to HeatNext Pro or permanently (full-time access). In the case of the first or new G2/G3 configuration for a particular heating system and its connection to the home Wi-Fi network, the HeatNext Pro user can also use HeatNext Pro to create HeatNext environment and add the first user or more individual HeatNext Application users of the HeatNext environment.

7.2.5. Based on prior consent received from the HeatNext Application user, the HeatNext Pro Application user has the right to access the heating system in the scope (level) granted by the user; this access may be performed either occasionally or permanently. The consent for the right to access the heating system by the HeatNext Pro Application user is granted by the HeatNext Application user through the HeatNext Application.

7.2.6. The provider reserves the right to change or add levels of access of the HeatNext Pro Application user to the heating system, whereby the HeatNext Application user determines the level of access it will grant to the HeatNext Pro Application user.

7.2.7. When the HeatNext Application user gives its consent and grants access to the heating system, the HeatNext Pro Application user may, according to the level of access granted, acquire the right to view and acquire knowledge of values and parameters related to the heating system, to acquire data of installed and connected devices, as well as the user(s)-related data of the HeatNext environment and their user accounts, including the following personal information: full name of users, the exact address of the building with the installed heating system, and contact information (telephone number, email address). The protection of personal data is carried out following the Personal data protection statement.

8. Provider's obligations

8.1. The provider undertakes to make all the necessary efforts to ensure the smooth and faultless operation of HeatNext Service and the HeatNext Pro Application and the provision of other technical requirements and requests for the establishment and operation of HeatNext Service, i.e., the installation and operation of the devices and equipment necessary for the operation of HeatNext, insofar as this is within its power and outside the scope of providing access to the Internet connection.

8.2. The provider undertakes to develop and upgrade HeatNext. In case of technical, software, or other upgrades and updates of HeatNext Service, HeatNext Application, HeatNext Pro Application, or other software programs, the provider reserves the right to temporarily suspend the operation of HeatNext Service. The provider does not assume the responsibility for short-term interruptions that occur at the time of the upgrade or due to the upgrade.

8.3. Provider may in its sole discretion and at any time discontinue providing access to the HeatNext Application, or any part thereof (application termination), with or without prior notice. User agrees that Provider is not liable for any damage arising to the user because of application termination.

8.4. Users only remedy concerning any dissatisfaction with (i) the HeatNext Application, (ii) any term of these General Terms and Conditions, (iii) any content or information transmitted through the HeatNext Application, is to cancel account and stop using HeatNext Application. User may cancel his Account at any time through the HeatNext Application by going to account settings, or by sending a request to terminate Membership via support@heatnext.com.

8.5. The provider undertakes that in any operation, which involves the processing of the user’s data, it will act following the Personal data protection statement, as well as following the applicable regulations governing the field of personal data protection. The right of access to personal data and the method of exercising the latter are guaranteed and specified in the Personal data protection statement.

8.6. The provider undertakes to continuously strive to provide technical support to users following these terms and conditions, but it is not obliged to provide support in the case of questions or problems explained in the Instructions for use of the module, in these general terms, at the website HeatNext www.heatnext.com in the FAQ section, or to which the provider, its authorized person, an authorized Repairer, or a qualified installer, has already provided an answer or explanation.

9. Copyright

9.1. The full content, as well as the platform and design features of the HeatNext Service, HeatNext Application, HeatNext Pro Application, and other accompanying and support systems (hereinafter: all content), are copyrighted and copyright protected.

9.2. All rights reserved. All content is copyrighted and can be used by users only for private and non-commercial purposes that comply with the rules set out in these terms and conditions, and in no way for public or commercial purposes. It is strictly forbidden to distribute, copy, reproduce, represent, adapt, modify, publish, transmit, translate, sell or otherwise dispose of all or part of all content of HeatNext Service, HeatNext Application, or HeatNext Pro Application and accompanying support systems without the express written permission of the provider. Users shall be deemed to have been informed that, from the date of first use of HeatNext Service, HeatNext Application, or HeatNext Pro Application, the provider may initiate civil and/or criminal proceedings against the infringer in the event of infringements of copyright or other intellectual property rights.

10. Final provisions

10.1. The legal validity of these provisions, the relationship between the provider and the user, as well as resolving possible disputes, falls under the jurisdiction of the regulations in force in the territory of the Republic of Slovenia, except insofar as the regulations governing the field of consumer protection and which apply in the country of the user provide more comprehensive protection. All possible disputes shall be resolved by the court having jurisdiction at the place where the provider has its principal place of business.

10.2. Insofar as an individual provision of these General Terms and Conditions proves invalid, this does not affect the validity of other provisions.

10.3. Notwithstanding the other provisions of this chapter, the provider reserves the right to submit claims arising from the misuse of copyright or other rights reserved to it under these General Terms and Conditions and relating to other general acts of the provider and to enforce them under the law applicable in the country of the user.

10.4. General Terms and Conditions can be modified due to changes introduced by the development of HeatNext Service. The users shall be notified of any changes to these General Terms and Conditions via a pop-up window in the HeatNext Application.

10.5. General Terms and Conditions enter into force on 04/01/2019.

10.6. General Terms and Conditions are available at the HeatNext website www.heatnext.com .

1. General provisions

1.1. The personal data protection statement HeatNext regulates the protection of end-user personal data with HeatNext service.

1.2. By using the HeatNext service, the user acknowledges that he is aware of the contents of the Personal data protection statement and agrees to its terms.

1.3. Personal data protection statement HeatNext is available at www.heatnext.com .

1.4. Nomnio d.o.o., Razvanje, Tržaška cesta 85A, SI-2000 Maribor, Slovenia (hereinafter: provider), reserves the right to change or amend the Personal data protection statement without prior notice. Unless otherwise specified, the amended Personal data protection statement shall enter into force on the day of publication at the HeatNext website available at www.heatnext.com .

2. Definitions

In this statement, the terms used shall have the following meanings:

2.1. Contractual data processor is an organization or an individual, authorized by the data controller to process the users’ data for a specific task following the requirements of the data controller.

2.2. Data controller is the provider of HeatNext service.

2.3. General Terms and Conditions for using the HeatNext service are terms and conditions of the provider and are available at the HeatNext website www.HeatNext.com.

2.4. Personal data is any data that relates to an individual, regardless of the form in which it is expressed.

2.5. Personal data processing means any operation or set of operations that are performed in connection with personal data, which is subject to automated processing or manual processing (processing means) of personal data collection or is intended for inclusion in the collection of personal data, in particular the collection, entry, editing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, communication, dissemination or otherwise making available, alignment or integration, blocking, anonymizing, erasure or destruction.

2.6. User is the end-user, i.e., a customer that uses HeatNext services.

2.7. ZVOP-1 is the Public-Private Partnership Act (OG RS, No. 94/07).

3. Legal basis for collection, processing, and storage of personal data

3.1. The legal basis for processing and collecting the personal data provided by the user is the user’s explicit consent. This statement specifies when the user’s explicit consent is deemed to have been provided.

3.2. Personal data of minors can be processed with their parent’s consent or the consent of their legal representatives. It is considered that the consent of the parents or legitimate representatives is provided if they, as the holders of the HeatNext environment, allow the minor to create a user account.

4. Data collected by heatnext.com web page and the purpose of processing

website collects information on how you use the website. Information is stored into small text documents known as cookies.

4.1. What are cookies?
Cookies are small text documents, which most websites save into devices you use to access the web, with the intention of recognising individual devices you used for the access. Saving cookies is overseen by yourself, as you can limit or disable saving cookies in the browser you use. Cookies are not dangerous, and work on a time limit.

4.2. Why we use cookies?
Cookies allow user-friendly online services. It is a simple way of keeping the content refreshed and appropriate, which serves your interests. Cookies allow us get statistical data of the website’s visits, which consequently allows us to estimate the efficiency of the website’s structure as well as estimate the appropriateness and the number of advertisements offered to you.

4.3. List of cookies

5. Data collected by the heatnext application and the purpose of processing

The following user data is collected and processed:

5.1. Personal data of users:

5.1.1 Full name
The data is processed to personalize the service, identify with the repairer, and provide technical support.

5.1.2 Home address or address of the building where the device is installed
The data is collected to personalize the service, identify with the repairer, and provide technical support.

5.1.3 Email
If the user registers with the HeatNext application with their email account, the data is processed for sign-in identification, notices on upgrades and other services performed by the provider, and promotional emails. The users can always choose to cancel the promotional emails by clicking the link at the bottom of the promotional email or by sending a written request to terminate this feature to the official email address of the provider.

5.1.4 Social network profile information
If the user registers with the HeatNext application with their social network profile (Facebook or Google+), the basic user profile information is collected. The type of information received depends on the user’s privacy settings, whereby the following data is included: user name, full name, email address, profile picture, gender, age, location. For identification at sign-in, the following data is collected, stored, and processed: full name, email address, profile picture. This Personal data protection statement is completely independent of the privacy policy of the social network provider. The provider does not assume any responsibility for any misuse of personal data which is not exclusively in the provider’s domain and which does not relate to the use of the Clausius application.

5.1.5 Telephone number
The user provides its phone number for notices on upgrades, technical support, and other notifications via text messages or calls.

5.1.6 Country
The data is collected to personalize the service, identify with the Repairer, and provide technical support.

5.1.7 IP address
The data is collected to prevent unwanted visitors (spiders, DDOD, etc.) and abuse. If an incorrect password for the user account is entered 10 times, the IP address through which the incorrect password was entered is blocked from accessing the service. The user is informed about the blocked access via email and can re-enable it.

5.2. Device data:

The following data on user devices are collected and processed: G2/G3 communication module, controller, router IP address, MAC address, security protocol (WPA, etc.), SSID, signal strength.

5.2.1 Technical data
The following data are collected and processed: device model, state of connectivity (online, offline), device software version, Wi-Fi network SSID, and the information about when the device was last connected (if offline).

5.2.2 Device functioning
The following data are collected and processed: all status changes, i.e., measurements of temperature sensors, all status changes, i.e., measurements of relays, and heating system settings.

5.2.3 Operational parameters of the controller
The following data is collected and processed:

▫ User parameters of the controller operation: mode of operation (day mode, night mode, constant day/night temperature, heating off), user functions (party, eco, holiday), weekly heating schedule;

▫ Configuration parameters of the controller operation.

▫ Device data from point 5.2. is processed to ensure the operation of HeatNext service, technical support, and services. Anonymous data are processed to develop and improve new and existing products and services, to provide better solutions for a more convenient and cost-efficient heating control, and for general analysis of HeatNext service usage.

6. Creating a user account in the heatnext application

6.1. User account registration is performed following the General Terms and Conditions for using the HeatNext service available at the HeatNext website www.heatnext.com .

6.2. If the account registration is performed via email or social network, the Auth0 authentication (located in the EU) by Auth0, Bellevue, Washington, United States is used.

6.3. By registering, the users declare that they have read and understood the privacy policy of Auth0, which is available at https://auth0.com/security.

6.4. If more than one user account is created for one HeatNext environment, the holder of the HeatNext environment (administrator) cannot be a minor.

7. Data storage period and termination of user account

7.1. The provider will store personal data as long as necessary to achieve the purpose for which it was collected.

7.2. Furthermore, the provider will store personal data to process it for historical, statistical, and scientific research purposes, all in anonymized form, and shall erase them after the processing has been completed.

7.3. The user can, at any time, request an overview of its stored data or changes to stored data if they are incorrect or incomplete, and request the provider to erase them. The request for data access, modification, or deletion is made by the user in the manner specified in the General Terms and Conditions for using the HeatNext service. Upon the user’s request, the provider, as the data controller, will erase all data except for those required to be stored longer under the legislation.

8. Contractual data processors

8.1. Without a prior notice to users, the provider may entrust individual tasks of personal data processing to a contractual data processor who is registered for performing such an activity and who provides appropriate procedures and measures for personal data protection. The contractual data processor may perform individual tasks relating to the processing of personal data within its authorizations, and may not process personal data for any other purpose.

8.2. Under the provisions laid down in Article 63 ZVOP-1, the provider may supply personal data to the contractual data processors in a third country.

8.3. The user has the right to demand information on all contracted data processors from the provider. The user sends the request for information via email to info@heatnext.com. The provider undertakes to process the request in the period and manner set out by ZVOP-1.

9. Processing of data collected by the heatnext pro application

9.1. HeatNext Pro application is the dedicated application for repairers and Nomnio support.

9.2. The data from point 3, collected by the HeatNext application, will also be processed in the HeatNext Pro application to provide support to the operation and use of the heating system.

9.3. HeatNext Pro application can be accessed exclusively by the provider and its contractual processors (authorized repairers and its other authorized legal persons providing services relating to and necessary for the proper operation of HeatNext service for the provider).

9.4. Upon the prior consent of the user, an authorized repairer will have access to the information specified in point 3. Prior consent for data access is deemed to have been given under the following circumstances:

▫ If the repairer adds a new G2/G3 communication module through the HeatNext Pro application and the customer confirms the repairer as its chosen repairer in the process of taking over the device;

▫ If the customer selects its chosen repairer through the HeatNext application.

10. Informing employees about personal data protection

10.1. The protection of personal data for HeatNext users is ensured in such a way that all employees and all external associates of the provider are informed of the provisions of the provider’s internal rules that regulate the field of personal data protection as well as technical and organizational procedures for securing personal data, preventing unauthorized access or disclosure of such data, maintaining the accuracy and proper use of personal data.

11. Disclosure of data to third persons

11.1. The personal data controller is obliged to disclose the user’s data to competent authorities where the latter requires such disclosure based on legal authorization.

11.2. In the event of a reorganization, merger, or sale of the provider or the contractual data processor, it may disclose personal data within the scope of powers it possesses to a third party for the processing of personal data.

12. Inquiries on personal data protection

12.1. If you have any questions regarding the protection of personal data or access to personal data of HeatNext, do not hesitate to contact us at info@heatnext.com.

12.2. The provider undertakes to answer all questions sent to the abovementioned email address within 10 working days. However, the provider is not obliged to provide an answer in the case of questions or problems explained in this statement, at HeatNext website www.heatnext.com in the FAQ section, or to which the provider has already provided an answer or explanation.

13. Final provisions

13.1. The legal validity of these provisions, the relationship between the provider and the user, as well as resolving possible disputes, falls under the jurisdiction of the regulations in force in the territory of the Republic of Slovenia, except insofar as the regulations governing the field of consumer protection and which apply in the country of the user provide more comprehensive protection. All possible disputes shall be resolved by the court having jurisdiction at the place where the provider has its principal place of business.

13.2. Insofar as an individual provision of this Protection of personal data statement proves invalid, this does not affect the validity of other provisions.

13.3. Privacy policy can be modified due to changes introduced by the development of the HeatNext service. The users shall be notified of any changes to the Protection of personal data statement in advance via an email sent to the email address given upon creating a user account in the HeatNext application.

13.4. The Protection of personal data statement enters into force on [date].