General Terms and Conditions for using HeatNext BT application

1. General provisions

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

1.2. These General Terms and Conditions becomes legally bound with the moment user downloads the application and starts using it. If at any time user do not agree with these General Terms and Conations, or its modifications, they must immediately terminate use of HeatNext BT.

1.3. Modification of these Terms and Conditions: Service provider reserves the right, at his discretion, to change or modify these Terms and Conditions, at any time. Service provider will notify user of any modifications of these Terms and Conditions. It is very important that user review every modification of these Terms and Conditions, because continued use of HeatNext BT after notification of changes to these Terms and Conditions, constitutes users binding acceptance of such changes. If user do not agree to be bound by the modified Terms and Conditions, they must stop using HeatNext BT immediately and remove it from their mobile device. Because HeatNext BT is evolving over time, service provider may change these Terms and Conditions at any time, as well as discontinue to provide HeatNext BT.

2. Definitions

2.1. HeatNext BT Application is an application which offers additional functionalities to devices that communicate over Bluetooth.

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

2.3. User encompasses the end-user, i.e., customer that use HeatNext BT.

2.4. Bluetooth devices is a device that communicates with the HeatNext BT app over Bluetooth and can include a thermostat, a room unit, a receiver, or a controller.

3. HeatNext BT Application

3.1. INSTALL AND USE HEATNEXT BT APPLICATION

3.1.1. HeatNext BT App is integrated with Bluetooth devices, such as Bluetooth-enabled thermostats, room units and wireless receivers and expands their functionalities. It is freely available for download in Apple App Store and Google Play Store. It is provided exclusively to users who have purchased a Bluetooth-enabled device.

3.1.2. Heatnext BT uses broadband or mobile data connection only during device upgrades.

3.1.3. Users access the Heatnext BT through a mobile device with Android or iOS operating system and enabled data transfer or Internet access. Data transfer and Internet access is enabled by the user.

3.1.4. The provider assumes no responsibility for potential damage to users arising from non-operation or interruptions in operation of the Heatnext BT resulting from limited access or lack of access to the Internet.

3.1.5. User has the right to access and use the Heatnext BT 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.

3.1.6. Individual functions and the full functioning of the Heatnext BT are supported by other dedicated applications and third-party software, namely: Microsoft Corp. (server and data infrastructure, performance monitoring) Freshworks Inc. (helpdesk plugin), OpenWeatherMap, Inc. (weather forecast for the building location entry).

3.2. DEVICE MANAGEMENT IN THE HEATNEXT BT APP

3.2.1. A user can register a Bluetooth device to the Heatnext BT application by connecting with it over Bluetooth and adding it to the app.

3.2.2. Multiple users with physical access can add a Bluetooth device to the app, but only one user can manage it simultaneously. While one user is connected the device, the other one must wait for the first one to disconnect.

3.2.3. Any user can remove the Bluetooth device from the app anytime. To achieve this, they must remove the Bluetooth-enabled thermostat the Settings screen.

3.2.4. Service provider can offer upgrades to Bluetooth device through the Heatnext Service in the Heatnext BT Application. When the upgrade is available, the user is notified about it in the Heatnext BT Application.

3.3. LIABILITIES

3.3.1. Service provider assumes no responsibility for any damage or functional deficiencies of the heating or cooling system due to unintended operation of the heating or cooling system, unavailability of the Heatnext BT Application, due to unsuccessful Bluetooth device upgrade in case of loss of connection between the mobile device and Bluetooth device or any other related cause. If a user notices irregularities in app operation, they should stop using it immediately and manually configure the heating system and notifies the provider immediately by following guidelines in chapter 5

3.4. DATA COLLECTION AND USE IN THE HEATNEXT BT

3.4.1. Heatnext BT does not require a user to register and create a personal account.

3.4.2. The Heatnext BT application needs location permission to work with the Bluetooth-enabled devices’ Bluetooth module. Location data is only being used while actively using the application due to Bluetooth module permissions by the mobile device operating system. Heatnext BT itself does not collect or store any location data. Location data is not being collected in the background.

3.4.3. Application may use services to monitor application and service performance, but does not collect any personally identifiable information. Data collected and purposes of its use:

3.4.3.1. App collects anonymised information about the use. Information is stored into small text documents known as cookies.

3.4.3.2. Cookies are small text documents, which most applications and websites save into devices used to access the web, with the intention of recognising individual devices used for the access. Cookies are not dangerous, and work on a time limit.

3.4.3.2. Cookies allow user-friendly online services. It is a simple way of keeping the content refreshed and appropriate, enables analysis of its operation, monitoring issues and troubleshooting.

Cookie name Use Company
ai_session Preserves users states across page requests. Microsoft
ai_user Used by Microsoft Application Insights software to collect statistical usage and telemetry information. The cookie stores a unique identifier to recognise users on returning visits over time. Microsoft

4. Force majeure

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

5. User support

5.1. TEHNICAL SUPPORT

5.1.1. Technical support for users is provided by qualified installers.

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

5.1.3. Users can request technical support through the help function in the HeatNext BT Application.

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

6. Provider's obligations

6.1. The provider undertakes to make all the necessary efforts to ensure the smooth and faultless operation of HeatNext Service and HeatNext BT Application, insofar as this is within its power and outside the scope of providing access to the Internet connection.

6.2. The provider undertakes to develop and upgrade HeatNext BT. In case of technical, software or other upgrades and updates of HeatNext BT Application and HeatNext Service, 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.

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

6.4. The provider undertakes to continuously strive to provide technical support to users in accordance with 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, a qualified installer, has already provided an answer or explanation.

7. Copyright

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

7.2. 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 BT Application and Heatnext Service. Users shall be deemed to have been informed that, from the date of first use of Heatnext BT Application and Heatnext Service, the provider may initiate civil and/or criminal proceedings against the infringer in the event of infringements of copyright or other intellectual property rights.

8. Final provisions

8.1. 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.

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

8.3. 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.

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

8.5. General Terms and Conditions enter into force on 22. 8. 2022

8.6. General Terms and Conditions are available in the Heatnext BT application.

Personal data protection statement HeatNext BT

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).

3.1. 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.

www.heatnext.com 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

Cookie name Use Company
ai_session Preserves users states across page requests. Microsoft
ai_user Used by Microsoft Application Insights software to collect statistical usage and telemetry information. The cookie stores a unique identifier to recognise users on returning visits over time. Microsoft

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 4.2. 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.

6.1. 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.

7.1. 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.

8.1. 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.

9.1. 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.

10.1. 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.

11.1. 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.

12.1. 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.

13.1. 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 17. 10. 2017.