Conditions of use for Sensor Connect App

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 SensorConnect 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 Use

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. Installation of the App on your end device is free of charge. Use of the App requires no registration and no internet connection.
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.

2. Updates

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 doing so, 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 Licensee is not entitled to the provision of App 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, availability

On installation, the Licensor grants the Licensee 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 sensor 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.

4. Supported end devices and supported hardware and software

The Licensor 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 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.

6. Warranty

Configuration of the App is the sole responsibility of the Licensee. 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.
Force majeure (including strike, lockout and similar, if unforseeable, severe and not the Licensee’s fault) which make the due performance of the contract difficult or impossible, will entitle the Licensor to defer the fulfilment of the contract obligations for the duration of the hindrance plus a reasonable preparatory period.

7. Liability

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.
The information contained in this smartphone application is non-binding and cannot be guaranteed to be accurate or up to date. As far as permissible, the Licensor rejects any liability for loss or damage, of any type whatsoever, and on any legal grounds whatsoever, which could arise from or in connection with the use of the App
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.

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 App itself or by the App platforms [Apple App Store or Google Play Store]) 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:

for complaints by the consumer, the court for the residence or domicile of one of the parties;
for complaints by the service provider, the court for the residence of the party defending the claim

Valid from 01.11.2020

Data privacy statement

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

Gwattstrasse 17

8808 Pfäffikon SZ

Switzerland

Tel.: +41 55 416 61 11

E-Mail: info@condair.com

Website: www.condair-group.com

All subsidiaries are listed on our website: www.condair-group.com/company-information/

2. Definitions

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.

d) Consent

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 data do we collect?

Condair collects the following general data when you use the Condair SensorConnect Smartphone App and its associated services:

The App and its associated services collect a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, Condair Group does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our services correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Condair analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise.

4. Storage period

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

12. Your rights in relation to your personal data

You have the following rights in relation to your personal data:

the right to be informed about how your personal data is being used;
the right of access to the personal data we hold about you;
the right to object to receiving direct marketing communications.
the right to request incorrect personal data which we hold about you to be corrected; and
the right to demand the blocking or deletion of your personal data if the processing does not conform to the applicable data protection legislation.

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 Thomas Fisch