NOTICE ON THE PROCESSING OF PERSONAL DATA
Last revised on February, 2020
Your use of the E-WATER BLOCK App entails that some of your personal data will be collected and processed. We therefore recommend that, before you grant us use of your data, you carefully read the notice below, made available pursuant to Article 13 of the General Data Protection Regulation (EU 2016/679), and whose purpose is accordingly to describe how Eltek S.p.A. (the Data Controller) will be managing and processing the data collected from your use of the App.
1. Data Controller The Data Controller is Eltek S.p.A. (VAT number and fiscal code 00571280064), with registered offices at Strada Valenza no. 5/a, (postcode 15033) Casale Monferrato, Italy.
2. Purpose of the Processing and Its Legal Basis In using the App and service provided through it, you understand that some of your data will be subject to processing in compliance with the applicable data protection framework currently in force. Specifically, this will apply to data in four categories as follows: a) the data you use to authenticate yourself (your email address and password) so as to be able to use the App and the associated Service; b) data about your water consumption and the settings you choose for your flood control device; c) technical data (including, but not limited to, the IMEI number identifying your mobile device, the information identifying the operating system on which the device runs, and the IP address identifying the webhost), which data may be collected, sometimes in an entirely automated fashion, by the computer systems queried by your device when those systems receive or send information connected with your use of the App and the associated Service; d) data collected from your mobile phone identifying the geographical location from which you first register and install your flood control device. The data relative to (a) your authentication and (b) your water consumption and settings, as well as (c) the technical data, will be used only to enable the App to run and the associated Service to be delivered—and so only for strictly necessary purposes such as enabling your mobile device to connect to the computer systems queried when receiving or sending information relative to the water you consume using your flood control system—and exclusively under the contractual relationship you enter into with the Data Controller. The same data may also be used for regulatory compliance purposes, and, once fully anonymized, it may also be used to process aggregated statistical information about App usage and water consumption. As concerns the data identifying your geographical location when you first register and install your flood control device, this data will be collected through your mobile device only once (that is when you first register and install your flood control device), and only with your explicit consent. Also, once anonymized, the same data will be used exclusively for the purpose of processing anonymous and aggregated statistics relative to the water consumption connected with flood control devices in different geographical areas and to the operation of such devices. 3. Data Recipients The personal data referred to in this notice will be processed by the Data Controller, or by the Controller’s employees or support staff, or professionals, or by all of the aforementioned individuals. Each of these individuals will be processing the data within the bound of the role assigned to them, and only for the time necessary to achieve the purposes of the processing, to which end they will be specifically appointed as authorized persons and will accordingly receive appropriate training on the purposes and methods of the processing. The data in question will also be processed by firms providing Eltek S.p.A. with services and to that end appointed as Data Processors. No data will be transferred to third parties except in the case of legal obligation. 4. Transfers of Personal Data to Third Countries or International Organizations No data will be transferred to Third Countries or International Organizations. 5. Nature of Your Sharing of Personal Data You understand that your sharing of data is not an option but a precondition: this applies to the data relative to (a) your authentication and (b) your water consumption and settings, as well as the technical data at (c) above. This data, in other words, is functional to the purpose of running the App and delivering the associated Service, such that, absent such data, the software cannot run and the functions it is designed for cannot be carried out. By contrast, and as mentioned, your sharing of data identifying the geographical location from which you first register and install your flood control device (d) is entirely optional and subject to your express consent. The App will be fully operational even without such data, and if you should decide not to share it with us, this will only mean that the Data Controller will not be able to process anonymous and aggregated statistics relative to the water consumption connected with flood control devices in different geographical areas and to the operation of such devices. 6. Storage Period In order to process the personal data relative to your use of the App and to your access to the associated Service, we will have to store this data throughout the period during which you use the same App and its Service. If we store such data for any longer period, it will only be for the time needed to enable us to do regulatory compliance, and strictly for that purpose. Aggregated and anonymized data, by contrast, may be stored for an unlimited time. 7. Automated Processing and Profiling In keeping with Article 22(1) and (4) GDPR, the personal data you share with Eltek S.p.A. will not be subjected to any solely automated decision-making process, including profiling. 8. Rights of the Data Subject Under Articles 15ff. GDPR, Data Subjects may exercise the following rights: a) the right to request that the Data Controller give Data Subjects access to the data that concern them and that the same data, if inaccurate, be rectified or erased; b) the right to request that the Data Controller restrict the processing of their data and the right to object to such processing; c) the right to request so-called data portability (meaning that Data Subjects may receive their personal data in a structured, commonly used, and machine-readable format), which also makes it possible to communicate their personal data to another Data Controller; d) the right at any time to withdraw their consent to the processing of their data (it being understood that any processing done before such a withdrawal will be deemed legitimate, as will any processing that does not require any consent); and e) the right to lodge a complaint with a supervisory authority (the Data Protection Supervisor). The aforementioned rights may be exercised by writing to the Data Controller. Email address: privacy@eltekgroup.it.

 

TERMS OF SERVICE AND END-USER LICENSE AGREEMENT
Last revised on February, 2020

1. Introduction
ELTEK App (hereinafter the “App”) is a software tool for mobile devices enabling you to configure the operation of your Eltek “E-WaterBlock” or “E-WaterControl” flood control system and to use the service (hereinafter the “Service”) that keeps track of your current and past water consumption.
Typically, once you register your device, you will be able to use the App to select the kind of household appliance or product to which to connect your flood control system (which will accordingly operate on the basis of the settings on your chosen household appliance). You will also be able to set the thresholds for triggering the flood control device (the minimum and maximum water capacity and the maximum quantity of water delivery) and to check your water consumption over the course of the current day, week, month, or year.
The App is optimized for mobile devices (smartphones and tablets) running any Android or iOS operating system later than versions 5 and 11, respectively.
Before you can use the App and access the Service, you will have to authenticate yourself, a procedure that will make it possible to identify you and the devices you will be using in connection with the Service. This mean that when you first launch the App, you will be asked to register for the Service by entering a valid email address and a password that only you have access to.
When you register, you will also be asked whether you wish to consent to sharing the data identifying the geographical location from which you first register and install your flood control device. If you consent—meaning that your consent is optional and not a requirement—the geographical data in question will be collected from your device in a fully automated fashion and, as mentioned, only when you first register your device. So, too, Eltek’s use of the same data will be restricted to the purpose of processing anonymous and aggregated statistics relative to the water consumption connected with flood control devices in different geographical areas and to the usage of such devices.
When you first launch the App, you will be asked to accept the terms of use contained in the present agreement, as well as to read the privacy policy and notice on the processing of personal data specifically in connection with your use of the App.
By downloading, installing, or using the App, or by accepting to use it (as by placing a flag on a checkbox or pressing a digital button that reads “I accept” or any equivalent phrase), you agree to be bound by these Terms of Service and End User License Agreement (collectively, the “Agreement”) and you confirm that you have read and agree to the Privacy Notice on the processing of personal data. You agree that by downloading, installing, or using the App, or by accepting to use it, you are entering into a legally binding agreement (the Agreement) with Eltek S.p.A., (VAT number and fiscal code 00571280064), with registered offices at Strada Valenza no. 5/a, (postcode 15033) Casale Monferrato, Italy (the “Company”).

2. App Eligibility and Access

Your use of the App is subject to the terms of use set forth by the Company and in its distribution platforms and stores.
To be eligible to use the Software and the Service you must meet the following criteria and represent and warrant that you
(a) have full power and authority to enter into this Agreement;
(b) agree to provide at your cost all equipment, mobile access, and internet access necessary to use the App (you acknowledge you are responsible for all charges and necessary permissions related to accessing the App and the Service through your mobile access provider);
(c) are the owner of an Eltek E-Water Block anti-flooding device;
(d) will not violate any rights of the Company or third party, including these Terms of Service and End User License Agreement.
On some mobile devices, depending on the manufacturer, you may be requested to turn on geolocation services in order to use the App. If so, such geolocation functionality will not be used to capture any personal or location data (the only exception being the data identifying the geographical location from which you first register and install your flood control device, but only if you choose to consent to the sharing of such data). On mobile devices that do ask you to turn on geolocation services, this functionality will be used only for the purpose of enabling the Bluetooth connection needed for your mobile device to communicate and share information with the flood control device.
Because of the need to ensure that the software on your mobile device runs stably and effectively, as well as to ensure that your data is secure, you are not authorized to use the App on mobile devices that have been jailbroken or rooted, that is, on devices whose original functioning has been altered in ways their legitimate manufacturer considers incompatible with the aim of guaranteeing the integrity and security of the data stored on the device.
While it is understood that the Company will make its best effort to guarantee that your flood control device operates in full compliance with all applicable law, the same Company may at any time in its sole discretion unilaterally modify, suspend, or terminate the App or Service.

3. Intellectual Property Rights

On the condition that you comply with all your obligations under this Agreement, and that you always act in compliance with it and with all applicable provisions of law, we grant you a limited, revocable, nonexclusive, nonassignable, nontransferable, nonsublicenseable license and right to use the App and to access the Service (through the App, but not through scraping, crawling, spidering or other technology or software used to access data without the express written consent of the Company). The Company will retain exclusive ownership of all intellectual- and industrial-property rights, along with any other right to the App and to the Service which has not expressly been granted to you under this Agreement.
The App is and will remain the exclusive property of the Company. You may download and install a copy of the App onto any authorized device you own, and you may run said copy of the App solely for your personal, noncommercial use, within the limits of its intended use as constrained by the functions made frontally and immediately available by the App itself. You will use the App exclusively in compliance with the terms provided in this Agreement, as well as in compliance with all applicable law. Specifically, you many not:
(a) create derivative works based on the App;
(b) use the App for any purpose other than as described in this Agreement;
(c) duplicate or copy the App, with the sole exception of your right to make a backup copy of the App, unless such a copy has already been delivered or otherwise been made available to you by the Company;
(d) sell, assign, sublicense, distribute or otherwise transfer or make available the App or any copies of it in any form to any third parties;
(e) modify, adapt, alter, translate, decompile, reverse assemble or reverse engineer the App, except to the extent this prohibition is not permitted under an applicable law;
(f) remove or alter any proprietary notices or marks on the App.
the App should contain or be provided together with open-source software, you understand that each item of open source software is subject to its own applicable license terms, which can be found in the software documentation. Copyright to the open source software are held by the respective copyrights holders indicated therein.
Except as otherwise herein provided, the present Agreement does not transfer any intellectual-property or industrial-property right to the contents made available through the App. These contents may include trademarks, distinctive signs, or other works or contents subject to a right, and all rights to them accordingly vest in their respective rights-holders.

4. Data, Information, and Features Connected with the Use of the App

By using the App, and so long as your device meets the system requirements needed for the App to run, you will be able to configure the settings that control the functionality of your flood control device and to access the Service that tracks your current and past water consumption.
More to the point, you will be able to use the App to select, and even change or update, the kind of household appliance or product to which your flood control device is connected. You will also be able to set the thresholds for triggering the flood control device (the minimum and maximum water capacity and the maximum quantity of water delivery) and to check your water consumption over the course of the current day, week, month, or year on each of the devices you have registered.
You may run the App solely for your personal use. You understand that the App and Service are not to be put to any professional use and that the relative data and information have no legal or fiscal value. Such data and information are subject to error and may not always be up to date.
in the App and the associated Service are effective security measures and authentication procedures aimed at making sure that only their authorized users can access device data and settings. That notwithstanding, you are expected to exercise the greatest diligence in securely storing the authentication credentials needed to use the App, as well as in making sure that your mobile device is safely in your possession at all times.

5. iOS Application Distributed on Apple’s App Store

If the App is used on an iOS platform and is distributed through the Apple App Store, you and the Company will be bound by the “Minimum Terms of Developer’s End-User License Agreement” contained in this Section 5, which will supplement the present “Terms of Service and End-User License Agreement.”
This Agreement is between you and the Company only, and not Apple, Inc. (“Apple”). The Company, not Apple, is solely responsible for the App, the Service, and their content, within the limits set forth in this Agreement. If any of the terms and conditions contained in the present Agreement should be less restrictive than, or inconsistent with, those which the App Store Terms of Service provide for using the licensed applications available through the App Store itself, the latter, more restrictive terms and conditions shall govern, preempting the former.
may use the App only:
. on an iPhone, iPad, or other Apple iOS device that you own or control; and
II. as permitted by the App Store Terms of Service.
To the extent that any maintenance or support is required by applicable law, the Company, not Apple, shall be obligated to furnish any such maintenance or support.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between The Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
You and the Company acknowledge that, as between the Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or to the Service or your possession and use of the App, including, but not limited to:
1. product liability claims;
2. any claim that the App fails to conform to any applicable legal or regulatory requirement;
3. claims arising under consumer protection or similar legislation.
You and the Company acknowledge that, in the event of any third party claim that the App, or your possession and use of the App infringes that third party’s intellectual property rights, as between The Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You represent and warrant that:
1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
2. you are not listed in any U.S. Government list of prohibited or restricted parties.
Without limiting any other provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App.
You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under this Agreement as related to your license of Software against you as a third party beneficiary thereof.

6. Changes to the App or the Agreement

The Company will do what is necessary to guarantee that your flood control device operates in full compliance with all applicable law, and may at any time in its sole discretion unilaterally:
(a) modify, suspend, or terminate the App or Service; or
(b) modify or replace this Agreement.
The modus operandi for so doing would typically consist in making available a software update that may require installation before you can continue to use the App. By installing a new version of the software or by continuing to use the App, or by expressing your consent and acceptance using a technology platform, you agree to all the changes introduced by the Company. If you should not intend to accept the changes introduced by the Company, your only option will be to stop using the App and remove it from the devices on which it has been legitimately installed.

7. Warranties

The Company does not warrant that the App or the Service will operate error free, or in an uninterrupted manner. Except as otherwise expressly provided in this Agreement, and to the maximum extent permitted by applicable law, the Company disclaims and excludes all warranties, conditions, and representations (express or implied) in connection with the App and the Service, and that includes, without limitation, any warranties or conditions of satisfactory quality, of fitness for a particular purpose, and of compliance, as well as any other implied warranty arising from a course of dealing or from usage of trade. Finally, the Company, to the maximum extent permitted by applicable law, does not make any warranty covering any compatibility issue or any other issue that should emerge affecting the functionality of any third-party software, service, or product by reason of installing and/or using the App.

8. Liability

You understand and accept that the App and Service are intended for your personal use only and that they are not to be put to any professional use. The data and information accessible through the App and Service are approximate and have no legal or fiscal value. Such data and information are subject to error and may not always be up to date. You should not place any special trust in the accuracy of the data channeled through the App and the Service associated with it. Specifically, you should not rely on the same information as a basis on which to make judgments or decisions that may have significant consequences on your state of health, on your financial situation, or on the security of any person or place.
You may not hold the Company liable for any injury deriving from your use or non-use of the App or Service, unless such injuries are patently the result of willful wrongdoing or fraudulent design or of gross negligence or recklessness. Within the limits of applicable law, the Company shall not be liable to you for injuries deriving from any inaccuracy of the data and information accessed through the App and Service, and under no circumstances shall the Company be liable for consequential or incidental damages of any kind.
While it is understood that the best effort will be made to ensure that the App and the Service operate smoothly and continuously, the Company does not offer any guarantee in that regard. So, too, within the limits of applicable law, the Company may not in any way be held liable for any delay or inaccuracy in updating the information relative to your water consumption or for any malfunction of the App or Service or for any circumstance that may interrupt and/or suspend your access to your data if such anomalies are attributable to:
(i) an improper use you may make of the App or the associated Service;
(ii) malfunctions of any kind in the mobile device you are using;
(iii) any total or partial interruptions, or at any rate any inefficiencies, of the services delivered by telecommunications providers or by any other third party entrusted with data transmission;
(iv) maintenance operations the Company may carry out in order to make sure that the App and the associated Service operate efficiently and securely;
(v) any other cause not attributable to the Company.
Embedded in the App and the Service are effective security measures and authentication procedures aimed at making sure that only their authorized users can access device data and settings. You are expected to exercise the greatest diligence in securely storing the authentication credentials needed to use the App and the Service, and in making sure that no third party can access the same credentials. You are solely responsible for making sure that your mobile device is safely in your possession at all times, as well as for the use you may make of any other tool (such as passcodes or biometric access systems) designed to prevent unauthorized access to your mobile device, and you understand that the Company may not in any way or for any reason be held responsible for any unauthorized access to your mobile devices, or for any access made possible by any improper use you make of the same devices, of your authentication credentials, or of your security codes.

9. Communications
For any type of communication relative to the App or the Service or this Agreement you can email the Company at: eltekgroupdev@gmail.com.

10. Withdrawal
This Agreement will remain in force between the Company and you until it is made obsolete by an update or a modification introduced in compliance with the provisions contained in the Agreement itself.
While it is understood that the Company will make its best effort to guarantee that your flood control device operates in full compliance with all applicable law, the same Company may withdraw from this Agreement at any time, without notice, and without incurring any cost, by ceasing to run the App or deliver the Service.
You may withdraw from this Agreement at any time, without notice, and without incurring any cost or obligation, by ceasing to use the App and the Service and removing the App from the devices on which it has legitimately been installed.

11. Assignment
The Company may assign this Agreement or any of the rights or obligations hereunder to any third party (whether in full or in part), at any time and without your consent.

12. Severability and Survival
If any provision in this Agreement any or part thereof is held void, voidable, invalid, or unenforceable by any judicial authority of competent jurisdiction—or if it otherwise loses its force and effect, whether in full or in part—such unenforceability will have no bearing on the other provisions herein, much less on the rest of the Agreement, which will accordingly continue in full force. If any provision in this Agreement or any part thereof is held void, voidable, invalid, or unenforceable by any judicial authority of competent jurisdiction, it will have to be modified, supplemented, or reinterpreted in such a way that said authority will hold it to be legally valid and fully enforceable, and in such a way that its legal meaning as expressed in this Agreement is preserved to the fullest extent possible.

13. Non-Waiver of Rights
No failure or delay of the Company in exercising any right or remedy available under this Agreement or under the law will operate as a waiver of such a right or remedy, nor will any such failure or delay preclude the exercise of the same right or remedy; much less will it operate as a waiver of any other available rights or remedies or preclude their exercise. In the same way, no single or partial exercise of any right or remedy available under this Agreement or under the law will preclude any further full exercise thereof or of any other right or remedy.

14. Applicable Law and Jurisdiction and Venue
This Agreement will be governed in accordance with Italian law. The Company may at its own discretion make available a counterpart of this Agreement in a language other than Italian. You agree that the translation is provided for your convenience only and that the Italian version of this Agreement will govern your relationship with the Company. The Court of Milan, Italy, will have exclusive jurisdiction and venue over any dispute arising out of this Agreement.

 

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