CGU - POLYTROPIC

Terms and Conditions of Use (TCU) of PolyConnect

The use of the POLYCONNECT application («the Application») is governed by these terms and conditions of use. Any individual or entity («the User») who accesses the Application and its content, for whatever reason, is automatically, fully and without reservation bound by these terms. Simply browsing or using the Application implies full acceptance of these terms.

POLYTROPIC makes the Application available and reserves the right to modify these terms of use at any time, at its sole discretion and without notice. Any modification to these terms of use will take effect from the moment it is posted online.

Access to the Application may be interrupted, suspended or modified at any time without prior notice for maintenance or for any other reason. The User agrees not to claim any compensation following the interruption, suspension or modification of these terms.

Protecting your privacy and personal data is also at the core of our concerns.

The Application, which allows Users to control POLYTROPIC products via their mobile devices, also aims to describe the information that POLYTROPIC collects and hosts, and to explain how the information collected in the course of using the Application will be used.

Application Owner

This Application is made available under the terms of these general conditions for the POLYTROPIC brand by:

Polytropic
4 chemin des Eclapons

69 390 VOURLES

Hereinafter referred to as «POLYTROPIC». POLYTROPIC is also the controller of personal data and defines for what purpose and how your personal data is used.

Vigilance and personal safety

TO PROTECT YOUR IDENTITY WITHIN THE APPLICATION, POLYTROPIC STRONGLY RECOMMENDS THAT YOU KEEP YOUR PASSWORD COMPLETELY CONFIDENTIAL, USE A PASSWORD THAT IS DIFFICULT TO GUESS (EXAMPLE: A PASSWORD THAT CONTAINS BOTH LETTERS AND NUMBERS AND BEARS NO RESEMBLANCE TO YOUR USERNAME). UNDER NO CIRCUMSTANCES WILL POLYTROPIC CONTACT YOU TO ASK FOR YOUR PASSWORD.

Your responsibilities, certifications, agreements, and consents

Each User of the Application:

undertakes to comply with these terms and conditions, as well as with applicable laws and regulations, when using the App.
is fully responsible for verifying the information provided on the Application.
is fully responsible for the direct or indirect consequences, whatever their nature, arising from the use of the Application.

Each User shall indemnify POLYTROPIC against any and all complaints, claims, actions and/or demands of any kind whatsoever that POLYTROPIC may suffer as a result of a breach of any of the provisions of these general terms and conditions, and shall undertake to compensate POLYTROPIC for any loss it may suffer and to pay it all costs, charges and/or awards it may have to bear as a result, including its legal fees.

The User is informed and accepts that POLYTROPIC reserves the right, in case of violation of any of the provisions of these general terms and conditions or infringement of current laws and regulations, to:

suspend or terminate the User's access to the Application,
take all appropriate measures and take any legal action,
notify the relevant authorities where appropriate, cooperate with them and provide them with all information useful for the investigation and repression of illegal or illicit activities, delete their POLYCONNECT account if the User is to leave the accommodation to which the account is linked.

FORBIDDEN ACTIONS AND BEHAVIOURS

It is forbidden to access or attempt to access another User's account. Similarly, it is forbidden to open a POLYCONNECT account for a device that you are not the user of, without their prior agreement.

It is forbidden to use the Application in a manner that would violate applicable laws and regulations, particularly copyrights, trademarks, trade secrets, or any other intellectual property rights of POLYTROPIC or third parties, or that would violate privacy (including personal data) or any other personal rights of third parties.

It is forbidden to violate or attempt to violate the security of the Application, to test the technical vulnerability of the Application or to attempt to disrupt access to the Application or the services offered within the Application.

It is forbidden to use software intended to modify the appearance of the Application.

Companies' Rights, Commitments, Guarantees, and Responsibilities

POLYTROPIC endeavours to provide information on the Application that is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies, or deficiencies in the Application.

All information provided on the Application is for indicative purposes only and is subject to change. Furthermore, the information appearing on the Application is not exhaustive. It is provided subject to modifications that may have been made since it was first put online.

POLYTROPIC shall not be held responsible for any direct or indirect consequences, of any nature whatsoever, arising from the use of the Application. It is expressly stated that consumption data are only estimates. POLYTROPIC shall not be held responsible for the inaccuracy of these estimates.

POLYTROPIC shall not be held liable for any costs incurred in using the Application (internet connection, telephone charges, etc.).

POLYTROPIC reserves the right, without prior notice and at its sole discretion, to close, ban, modify or delete the account of one or more Users, as well as to limit and/or prohibit access to the Application for one or more Users.
POLYTROPIC does not guarantee the total effectiveness or security of the Application and assumes no liability for any damage, loss or other consequence caused by problems relating to the effectiveness or security of the Application. POLYTROPIC assumes no liability for any problem or reason, whether dependent or independent of POLYTROPIC, which makes navigation on the Application difficult, prevents full or partial access to the Application, or allows one or more malicious Users to access the personal information or account(s) of one or more Users.

POLYTROPIC reserves the right to close, at any time, without prior notice, at its sole discretion, temporarily or permanently, the Application and assumes no responsibility for the consequences caused, directly or indirectly, by the closures of the Application.

Intellectual Property

The trademarks, logos and signs of the Application are protected by the Intellectual Property Code and, more specifically, by copyright.

It is forbidden to sell, modify, reproduce, copy, distribute, or make any other use of the Application's content for public or commercial purposes without the express authorisation of POLYTROPIC.

The use of the Application's content, for any purpose or reason whatsoever, on another website or intranet without prior written authorisation from POLYTROPIC is prohibited.

Privacy and confidentiality

What personal data is collected?

POLYTROPIC collects the following information:

Customer account creation information
Information from devices connected to POLYCONNECT

Customer account creation information

When you install POLYCONNECT on your tablet or smartphone, you will be asked to complete the following information:

e-mail
Serial number of connected equipment
Postcode
the characteristics of your pool (surface area, depth, presence of a cover or shelter, etc.).

This information will then be integrated into your profile, which you will be able to access using the username and password you have provided.

These details have two aims:

the operation of POLYCONNECT features, such as displaying weather data, managing the product's local time;
understanding the environment in which POLYTROPIC branded products operate, enabling us to improve their thermal performance and application functionalities.

Information from devices connected to the POLYCONNECT bridge

The different devices connected to POLYCONNECT have functions that collect information such as:

The temperature of your pool
the settings for connected devices (on/off function, target temperatures, heating programmes, etc.)

This information, which you can consult, is necessary to enable you to use the various POLYCONNECT features and to optimise your thermal comfort by accessing the different functions of your POLYTROPIC appliances.

What are your rights regarding your personal data?

As a user of POLYCONNECT services, you have the right:

to request that data collected from your devices be dissociated from your account. We will then keep your device history for all subsequent requests. If you exercise your right to erasure, and you have access to a customer area on a website, this access will then be suspended as your identifier will be erased from our records. We cannot erase your data while an order intended for you is in progress or while there is a dispute between you and us or, more generally, as long as we need your data to execute a contract or fulfil one of our obligations.
to object to the collection and processing of data concerning you when it is not strictly necessary.
to access the data collected about you and to retrieve it in a standard electronic format;
to obtain its rectification;
to request a restriction on its processing – by refusing, for example, any use for prospecting purposes;

These rights can be exercised by contacting us:
Via email: app@polyconnect.fr

By post (with a copy of your identity document if exercising your rights) to the following address:

POLYTROPIC
4 Chemin des Eclapons

69390 VOURLES

You also have the right to lodge a complaint with a supervisory authority and to seek a judicial remedy, particularly if your requests to exercise your rights have not been dealt with within one month of their submission.

How long do we keep your data?

Your personal profile data is retained until the POLYCONNECT account is deleted. After account deletion, we only keep operational information about products paired with the POLYCONNECT and data of a technical nature.

Technical information is anonymised and retained for as long as necessary for:

the execution of the service when an account is re-created using the serial number of your POLYCONNECT devices;
to allow us to improve the operation of our devices.

Where do we store your personal data?

The processing that POLYTROPIC may carry out on personal data is performed in data centres hosted within the European Union.

In the event of personal data being transferred to POLYTROPIC companies or subcontractors established outside the European Union, POLYTROPIC undertakes to ensure that these recipients comply with the provisions of Regulation (EU) No 679/2016.

What are our obligations regarding your personal information?

POLYTROPIC takes all reasonable and necessary measures to protect your data from unauthorised access, use, alteration or destruction of personal (or potentially personal) data.

We have commitments regarding the security of our services and have implemented physical, administrative and technical measures to prevent unauthorised access to your data. Our security policies cover security management for internal operations and our services. These policies govern all areas of security applicable to the services and apply to all POLYTROPIC employees as well as our service providers and subcontractors who require access to this data.

If we determine that your data has been misappropriated or otherwise wrongly acquired by a third party, we will inform you of this as soon as possible, along with the supervisory authority (the CNIL in France).

How is this information used?

POLYTROPIC's use of data

We only use your personal data for the operation of your POLYCONNECT account. We undertake never to sell it without your agreement.

With your consent when creating your account, we may use your email to offer you our deals, announce new features and product information, ask for your feedback, or simply keep you informed of POLYTROPIC news and offers. We may also send you information about POLYTROPIC products or the POLYCONNECT application (new functions, tutorials, alerts, etc.).

If you no longer wish to receive this information, you can withdraw your consent by visiting your POLYCONNECT personal space.

Other technical information, particularly concerning the settings of your devices, is used for the purposes of analysis, improvement of our devices and the POLYTROPIC POLYCONNECT application, and to offer you new innovative services.

Therefore, POLYTROPIC processes your personal data on the following legal grounds:

when you gave us your consent for us to process your personal data, or
in the context of POLYTROPIC's legitimate interest in processing your personal data (if POLYTROPIC has an interest in processing your data that is justified, balanced and does not infringe on your privacy) or
as part of the processing of personal data required by law

How is the collection of personal data from minors carried out?

Even though POLYTROPIC does not seek to collect personal data on minors, certain services may be used by minors. In this case, it is the responsibility of parents and anyone exercising parental authority to decide whether their minor child is permitted to use POLYTROPIC's services.

EXTENDED WARRANTY

POLYTROPIC offers you an additional two-year warranty on all parts of your heat pump, subject to the following conditions:

your heat pump is permanently connected to the Wi-Fi network to allow us to collect operating parameters (except during passive wintering periods).
Ensure your appliances are installed and used in accordance with current regulations and the manufacturer's instructions.
Ensure your appliances are maintained according to the manufacturers' instructions and specifications.

JURISDICTION

These terms of use are governed by, interpreted and applied in accordance with French law.

The French courts of the Company's registered office shall have exclusive jurisdiction to hear any dispute relating to these terms, including, but not limited to, their validity, interpretation, performance, and/or termination and its consequences.