WUNDASMART MOBILE APPLICATION
The App is not intended for children and we do not knowingly collect data relating to children.
Full name of legal entity: Wunda Group Plc (a company incorporated in England and Wales with company number 06000144)
Email address: email@example.com
Postal address: Unit 6A Castlegate Business Park, Caldicot, Monmouthshire, NP26 5AD, United Kingdom
Telephone number: 0044 (0)1291 634145.
The Information Commissioner’s Office
You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”) or your local data protection regulator. The ICO is the UK supervisory authority for data protection issues and you can find out more about the ICO at www.ico.org.uk. We would, however, appreciate the chance to deal with your concerns before you approach the ICO / your local data protection regulator, so if you are happy to do so, please contact us in the first instance to discuss them with us.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
You do not need to provide the above personal data to us. However, failure to provide personal data may mean that you are not able to use the App or that its functionality may be reduced. We will notify you if this is the case at the time.
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact, Communications, Location, Profile, Telephone, Usage and Wunda Group Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
We will only send you direct marketing communications by email or text if we have your consent.
Where we are relying on consent as the legal basis of processing, you have the right to withdraw that consent at any time by contacting us. You can find out more about this in the section “your legal rights” below.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including the basis of legitimate interest|
|To install the App and register you as a new App user||(a) Identity
|(a) Performance of a contract with you
(b) Your consent
|To provide services to you and maintain your user account||(a) Identity
|(a) Performance of a contract with you
(b) Your consent
|To enable you to connect the App to other third-party apps and products and to enable the App to work with those third-party apps and products||All the personal data that we collect||(a) Performance of a contract with you
(b) Your consent
(c) Necessary for our legitimate interests (to enable the App to connect, to study how customers use our products/services with third-party apps & products and to operate our business)
|To manage our relationship with you which will include:
(a) notifying you about changes to the App or any services;
(b) asking you to leave a review / take a survey;
(c) answer your queries/complaints;
(d) investigating misuse of your account
|All the personal data that we collect
|(a) Performance of a contract with you
(b) Your consent
(c) Necessary to comply with a legal obligation
(d) Necessary for our legitimate interests (to keep our records updated, to study how customers use our products/services, to resolve any customer satisfaction issues and to operate our business)
|To administer and protect our business and the App (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||All the personal data that we collect||(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security and in the context of a business reorganisation exercise)
(b) Necessary to comply with a legal obligation
(a) improve, maintain and develop the App and our products and services; and
(b) to develop new applications, products, and services
|All the personal data that we collect||Necessary for our legitimate interests (to create the best version of the App, products, and services that we can)|
|For the establishment, defense or exercise of legal claims||All the personal data that we collect||(a) Necessary to comply with a legal obligation
(b) Necessary for our legitimate interests (operating and protecting our business)
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may share your personal data with the parties set out below for the purposes set out in the table at section 4 above:
We require all third-party service providers who act as our data processors to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers who are acting as our data processors to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Subject to the paragraph headed “Important” below, we do not transfer your personal data outside the European Economic Area (“EEA”) and we do not usually transfer your personal data outside the United Kingdom (“UK”).
Important: where you have connected the App to a third-party IOT app (for example Google Home or Amazon Alexa) this may result in your data being sent to countries outside the EEA. These countries will have different laws that relate to how your personal data is to be used and they may give you less protection / rights. You should therefore read the privacy notice of every third-party IOT app that you authorise to work in conjunction with our App so you understand how your data will be processed.
Where we have given you (or where you have chosen) a password that enables you to access the App or certain parts of App, you are responsible for keeping this password confidential. Where you have chosen the password yourself, you are responsible for selecting a secure password. We ask you not to share a password with anyone and you should not use the same password on our App as you do elsewhere.
You should make sure that you have adequate security measures on your mobile or handheld device to keep your information safe. You should also make sure that you are happy with the security measures of third parties before linking their products / services to our App.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will need to process your personal data for the duration of time that your App account is open.
In the event your App account is closed (either by you or by us), we will process your personal data for a period of one year following the account closure, after which time your personal data will be deleted. We may keep your personal data for a longer period of time in the event that we think that a dispute may be likely, or should we need to keep it for any other legal reason.
In some circumstances you can ask us to delete your data: see the section headed “your legal rights” below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
In the event that you do not use the App for a period of 18 months then we will treat the account as expired and your personal data may be deleted.
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
You have the right to:
Request access to your personal data
(commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you.
This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data.
This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data
where we are relying on a legitimate interest (or those of a third-party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data.
This enables you to ask us to suspend the processing of your personal data in the following scenarios:
Request the transfer of your personal data to you or to a third-party.
We will provide to you, or a third-party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time
where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact our DPO.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
External Third Parties
Version: October 2019.
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY USING THE WUNDASMART APPLICATION YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE WUNDASMART APPLICATION.
We WUNDA GROUP PLC (a company registered in England and Wales with company number 06000144) whose registered office address is Second Floor 87 Kenton Road, Kenton, Harrow, Middlesex, England, HA3 0AH license you to use:
as permitted in these terms.
However, if you have purchased or been supplied with goods / services from us directly (for example Smart Controls, radiator valves, underfloor heating, and/or advice about heating), different privacy policies will also apply. You can find out more about our other privacy policies that may apply to our use of your personal data in the section “Additional Terms That May Apply” below.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any of the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Additional terms that may apply
In addition the services set out below will be governed by the following terms & conditions and privacy policies:
Web address of Terms & Conditions
Sale / supply of goods & provision of services generally (excluding the App and Services)
Google and Apple’s terms also apply
The ways in which you can use the App, Documentation and Services may also be controlled by the Google Play rules and policies (https://play.google.com/intl/en-US_uk/about/play-terms/index.html) and / or the App Store rules and policies(https://www.apple.com/legal/internet-services/itunes/uk/terms.html).
Google Play’s and / or the App Store’s rules and policies will apply instead of these terms where there are conflicts between the two.
Other third–party terms may also apply
Where you connect third–party apps/products/services (such as Google Home and Amazon Alexa) to the App and Services, those third-party apps/products/services may also have terms and conditions that apply. You should read those terms and conditions and read their privacy notices (if any).
Nothing within those third-party terms and conditions shall affect the ownership of the intellectual property rights in the App, Services and Documentation which at all times shall be owned by Wunda Group Plc and / or our licensors.
Operating system requirements & Smart Controls
The current version of the App (as at October 2019) requires a device with Android (from version 5.0 and above) or iOS (from version 9 and above) to be installed with a minimum of 1 GB memory.
You must ensure that your device contains adequate security measures.
The App will require a hardware hub known as “Smart Controls” to work. Smart Controls will require broadband access and a power supply.
Please also see the section below headed “Update To The App and Changes To The Services” regarding legacy items.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or the Services or have any problems using them please take a look at our support resources at www.wundasmart.com.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org or call them on 01291 634145.
How we will communicate with you. If we have to contact you we will do so by email, by SMS, by telephone or by pre-paid post, using the contact details you have provided to us.
How you may use the App
In return for your agreeing to comply with these terms you may:
You must be 18
You must be 18 or over to accept these terms and download / use the App and Services.
You may not transfer the App to someone else
We are giving you personally the right to use the App and the Services as set out above (see section headed “How You May Use The App”). You may not otherwise transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
If you do not accept the notified changes you may be able to continue to use the App and the Services in accordance with the existing terms but certain new features may not be available to you.
Important: Please be aware that where we add additional optional functionality / features, we reserve the right to charge a reasonable fee for your use of the new functionality / feature. If you do not agree to pay such fees, you may not be able to access the additional functionality / feature. Please also see the section below headed “Update To The App and Changes To The Services” regarding legacy items.
Update to the App and changes to the Services
From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services. Updates to the App should not seriouslyand adversely affect the performance of the App.
Important: Please be aware that overtime hardware products (such as Smart Controls) that work in conjunction with the App may become obsolete. Where hardware becomes a legacy item (meaning that it is either no longer manufactured or it is outside of its 5 year warranty period) we reserve the right to either end your rights to use the App and the Services, to cease supporting the App or to charge a reasonable fee for continuing to support the App so that it can continue to work in conjunction with the legacy item. Should this be the case, we will give you at least 30 days’ notice in advance by sending you an SMS or by notifying you when you next start the App.
If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
We may collect technical data about your device
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
We may collect location data (but you can turn location services off)
Where you have enabled location services, we will make use of location data sent from your devices. An example of this would be where you have enabled location services so that your Smart Controls unit can operate your heating / hot water based on the location of your mobile / handheld device.
If you have enabled location services in the App, you can turn off this functionality at any time by (i) turning off the location services settings in the App and / or (ii) turning off the location services settings for the App on the mobile / handheld device.
If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
We are not responsible for other websites / apps you link to
The App and/or any Services may contain links to other independent websites/products/applications/services which are not provided by us. Such independent websites/products/applications/services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent websites/products/applications/services, including whether to buy any products or services offered by them.
You agree that you will:
Acceptable use restrictions
Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
For the avoidance of doubt, you do not have exclusive rights to use the App, Services or Documentation.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
Without prejudice to the general nature of the above paragraph, we do not consider any costs, loss or damage caused by or attributable to the following to be foreseeable and so we do not accept responsibility for them:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided on an “as is” basis. We have not developed the App or the Services to meet your individual requirements. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of information obtained from the App or the Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on our website, the appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
Ending your rights to use the App and the Services
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
We may also end your rights to use the App and Services for the reasons set out in the section above headed “Update To The App and Changes To The Services”.
If we end your rights to use the App and Services:
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
Save where the terms of Goole Play or the App Store expressly state that Google or Apple may enforce the terms of this agreement, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English and Welsh law and you can bring legal proceedings in respect of the products in the English and Welsh courts.
If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English and Welsh courts.
If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English and Welsh courts.
In addition, please note that some disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.