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* Legal Mentions
* Terms of Use
* PRIVACY POLICY
Help center
NETATMO has a permanent desire to improve its user experience and the
information given to its customers.
* Legal Mentions
* Terms of Use
* SCOPE AND ACCEPTANCE OF THE TERMS OF USE
* USE OF THE SERVICES
* USER GENERATED CONTENT
* ADVERTISING, LINKING AND FRAMING
* UNSOLICITED IDEAS AND FEEDBACK
* SUBMISSIONS POLICY
* DISCLAIMER OF CONTENT AND WARRANTIES
* LIMITATION OF LIABILITY
* INDEMNIFICATION OF NETATMO
* TERMINATION OF THE SERVICES
* USER MUST COMPLY WITH APPLICABLE LAWS
* CREDITS
* MISCELLANEOUS
* PRIVACY POLICY
* COMPLIANCE WITH DATA PROTECTION LEGISLATION
* IDENTITY OF THE DATA CONTROLLER
* ACCOUNT CREATION
* CONTACTING OUR CUSTOMER SERVICE
* WEBSITE
* COMMUNICATIONS AND DIRECT MARKETING ACTIVITIES
* MOBILE APPLICATIONS AND ASSOCIATED PRODUCTS
* NETATMO PRO
* ACCESS TO DATA
* DATA SECURITY
* UNDER EIGHTEEN
* EXERCISE OF USERS' RIGHTS
* AMENDMENT TO THIS DOCUMENT
* ADDITIONAL CONDITIONS
* DEFINITIONS
LEGAL MENTIONS
Under Article 6 of French Law No. 2004-575 of 21 June 2004 to give confidence in
the digital economy, the identity of the various stakeholders as part of its
implementation and monitoring is clear to users of the Site
https://www.netatmo.com
Owner: NETATMO, company simplified actions capital of 4.616.841 euros, whose
head office is located 73 Rue de Sèvres, 92100 Boulogne Billancourt - FRANCE,
registered with the Nanterre Trade and Companies Register under number 532 501
848, VAT number within the Community : FR 43 532 501 848. Contact Number: +33 1
70 83 27 72
Publication director: Emmanuelle Levine
Host: Microsoft Azure’s cloud,
Netherlands.https://azure.microsoft.com/fr-fr/overview/sales-number/
TERMS OF USE
Amended on 02 May 2018 - Updated on 27 July 2020, to improve the understanding
of our users
NETATMO (SAS) and its affiliates, if any, (collectively referred to as
'NETATMO', 'we', 'us' or 'our') manufacture, market and sell NETATMO consumer
electronic products (the 'Product').
We also provide additional features such as (a) the website located at
www.netatmo.com and more generally all URL and websites administered by NETATMO
or within the netatmo.com domain (the 'Site'), (b) services available on the
Site and/or delivered through the Site (the 'Site Services'), (c) certain
software that may be downloaded to your computer (the 'Computer Software'), and
(d) certain software that may be downloaded to your mobile device (the 'Mobile
Software'). As used herein, the term 'Software' means the Computer Software and
Mobile Software; the term 'Site' means the Site, Site Services, Computer
Software and Mobile Software. The terms 'you' or 'user' or 'yours' refer to all
individuals and entities that access and/or use the Services. The term
'Services' means the Product, the Mobile, Internet Applications as well as the
Web Site. These Terms of Use ('ToU') govern your access to and use of the
Services.
SCOPE AND ACCEPTANCE OF THE TERMS OF USE
1. These Terms of Use and the applicable Privacy Policy are available at
https://www.netatmo.com (the 'Privacy Policy'), which is hereby fully
incorporated and constitutes with the Terms of Use, one and single document,
govern your access and use of the Services. Please READ THEM CAREFULLY.
2. By your affirmative actions of registering on the Site, of accessing and/or
using all or part of the Services, you acknowledge that you have read,
understood, and agree to be bound by the provisions of these Terms of Use
and Privacy Policy. If you do not agree with all or part of these Terms of
Use or Privacy Policy, do not register, access, browse or use all or part of
the Services.
3. We may change these Terms of Use in case of new Services made available,
regulation evolution, following legal authority request, or amendment to
improve understanding. You can access on the Site the most recent version of
these Terms of Use. Any user of our products will be informed of its
evolutions to be able to use our Services in full understanding and will
have the possibility to accept them or refuse them.
4. If you do not agree anymore to these Terms of Use, you have the possibility
to discontinue the use of our Services and cancel your registration.
USE OF THE SERVICES
1. The Services are for use by users who are at least 18 years old. Users under
the age of 18 are not permitted to use the Services without the consent of a
parent or legal guardian. However, access to the Services is not confined
solely to adults as it contains no content prohibited for persons under the
age of 18. The Services does not intentionally collect or use personal
information relating to persons under the age of 18. By registering,
accessing or using the Services, you acknowledge that the information
provided, including your age or the consent of a parent or legal guardian,
is accurate and complete.
2. The Services contain all types of information and material, including but
not limited to software, text, graphics, communications, measures, tests,
results, opinions, photographs, drawings, profiles, messages, notes,
websites links, music, video files or other animated or non-animated images,
designs, music, audio files or other sounds, reports, charts and data files,
and any other content, either owned by or licensed to NETATMO by any third
party, including other users of the Services, to the exclusion of your User
Generated Content as defined hereinafter (collectively referred to as the
'Content').
3. The Services and Content are protected by French intellectual property laws
and any other laws or regulations that may apply. You acknowledge and agree
that NETATMO (or its licensors) own all legal rights, title and interest in
and to the Services and Content, including any intellectual property rights
which cover the Services and Content (whether those rights happen to be
registered or not, and wherever in the world those rights may exist). You
further acknowledge that the Services may contain information which is
designated confidential by NETATMO and that you shall not disclose such
information without NETATMO's prior written consent.
4. NETATMO concedes in you a personal, worldwide, royalty-free, non-assignable,
non-transferable and non-exclusive license to use the Content provided to
you as part of the Services. This license is for the sole purpose of
enabling you to use and enjoy the benefit of the Product(s) you registered
on the Site and, as long as you have the right to be registered, to access
or to use the Services, in the manner permitted by these Terms of Use. You
shall not, nor shall you permit anyone else to, copy, reproduce, modify,
translate, broadcast, perform, display, distribute, transmit, frame,
republish, download, display, perform, post, transmit, sell, use
commercially, create a derivative work, reverse engineer, decompile or
otherwise attempt to extract any code from the Services and Content unless
NETATMO has expressly agreed to it in writing. You agree not to use any data
mining, robots, scraping or similar data gathering methods.
5. No other use is permitted without NETATMO's prior written consent. You must
retain all copyright and other proprietary notices contained in the original
Content on any copy you make of the Content.
6. The trademarks, logos, domain names and other identifying elements of
NETATMO (the 'NETATMO Trademarks') used and displayed on those Services are
owned by or legally held by NETATMO. Other products and service names
available through the Services may be owned by third-parties (the
'Third-Party Trademarks', and, collectively with NETATMO Trademarks, the
'Trademarks'). Apart from the licenses and rights hereby expressly granted
as part of these Terms of Use, nothing in the Services, Content or in these
Terms of Use should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any of the Trademarks displayed on
the Services, without the prior written consent of NETATMO. The Trademarks
may not be used to disparage or harm in any manner NETATMO or the applicable
third-party, NETATMO's or third-party's products or services, or in any
manner. Use of any Trademarks as part of a link to or from any web site is
prohibited without NETATMO's prior written consent. All goodwill generated
from the use of any NETATMO Trademarks shall inure to NETATMO's benefit.
7. You agree not to: (a) take any action that imposes an unreasonable load on
the Services' infrastructure, (b) use any device, software or routine to
interfere or attempt to interfere with the proper working of the Services or
any activity being conducted on the Services, (c) attempt to decipher,
decompile, disassemble or reverse engineer any of the software comprising or
making up the Services, (d) delete or alter any material posted on the Site
by NETATMO or any other person or entity, and/or (e) frame or link to any of
the materials or information available on the Services.
8. Certain elements of the Services are protected by trade dress, trademark,
unfair competition, and other laws and may not be copied or imitated in
whole or in part, by any means, including but not limited to, the use of
framing or mirrors, except as otherwise expressly permitted by Section 2.4
of these Terms of Use. None of the Content for the Services may be
retransmitted without the express written consent from NETATMO for each and
every instance.
9. If you believe in good faith that materials on the Services provided by
NETATMO infringe your copyright or author's rights, you (or your agent), may
send us a notice requesting that the material be removed, or access to it
blocked. Notices and counter notices with respect to the Services should be
sent to NETATMO at:
By Mail: Copyrights Agent, NETATMO, 73 Rue de Sèvres, 92100
Boulogne-Billancourt, FRANCE
By Email: copyright@netatmo.com
USER GENERATED CONTENT
The following articles of this paragraph are related to the User Generated
Content (the «UGC») without any requests from NETATMO and not related to the
content NETATMO has access for the product and the associated services
utilization, for which the articles of the Privacy Policy are applicable.
The UGC is all types of information and material, including but not limited to
your name, your biographic information, and any other names, user names,
pseudonyms, software, text graphics, communications, measures, tests, results,
opinions, photographs, drawing, profiles, messages, notes, website links, music,
videos files or other animated or non-animated images, designs, music, audio
files or other sounds, reports, charts and data files, or / and any other
content, including the Feedbacks and Submissions as defined hereinafter, that
you publish, display, upload, disclose, transmit, store, share or otherwise make
available ('post') on or through the Services or the Site.
1. By publishing, displaying, uploading, disclosing, transmitting, storing,
sharing, 'posting' or otherwise making available your UGC on or through the
Services, you hereby grant to NETATMO a perpetual, irrevocable,
non-exclusive, worldwide, royalty-free license, with the right to
sublicense, to copy, reproduce, modify, translate, broadcast, perform,
display distribute, transmit, frame, republish, download, display, perform,
post, sell, make a commercial use and commercially exploit, create
derivative works, reverse engineer, decompile, extract any code on any of
your UGC, in any media now existing or hereafter developed, including
without limitation on websites, in audio format, and in any print media
format. You hereby waive any moral rights and similar rights with respect to
the UGC and any other legal rights that might preclude NETATMO's use of the
UGC or require your permission for NETATMO to use the UGC, except public
order provisions. You expressly waive any action or claim, against NETATMO
or its sublicensees' use of the UGC, and you hereby release NETATMO and its
sublicensees from any action or claim from Third Party.
2. You acknowledge that your UGC : (i) are not infringing any third party's
rights, including copyright, patent, trademark, privacy right, trade secret,
or other proprietary rights; (ii) is not obscene or containing child
pornography; (iii) is not containing any viruses, worms, time bombs or other
computer programming code that is intended to damage, interfere with,
surreptitiously intercept or expropriate any system, data or information;
(iv) is accurate, truthful, complete, not misleading and does not violate
applicable laws and regulations. You are responsible for complying with all
laws applicable to your UGC.
3. You declare to be aware that the content of the UGC is public and not
confidential.
4. In case of non-compliance with these conditions, We reserve the right to
suspend your right to use the Services and / or the Site, temporarily or
permanently, in addition to the possibility to ask for compensation for any
loss or damage that could be suffered.
ADVERTISING, LINKING AND FRAMING
The Site and Softwares may contain information about, links to and/or
advertisements for web sites operated by other parties (the 'Third Party
Sites'). In addition, emails sent to users of the Services may contain
information about, links to and/or advertisements for Third Party Sites. The
information provided about, links to and advertisements concerning Third Party
Sites are provided for your convenience only. We do not control such Third Party
Sites and we are not responsible for the content and performance of these Third
Party Sites and/or for any transactions you may choose to conduct with the
operators of any Third Party Sites. NETATMO suggests that you carefully read the
terms of use and privacy policy (if any) applicable to the Third Party Sites.
You recognize and agree that NETATMO is not responsible for the content of
linked Third Party Sites, sites framed within the Site or Third Party
advertisements on the Site and/or in emails sent from this Site, and NETATMO
does not make any representations regarding their content or accuracy. Your use
of Third Party Sites is at your own risks and subject to the terms and
conditions of use of such sites.
UNSOLICITED IDEAS AND FEEDBACK
1. NETATMO appreciates your interest in the products and the company and
understands that you may have comments and suggestions. However, NETATMO
does not want you to, and you should not, send any confidential or
proprietary information to NETATMO through its Services, or through any
other means. Please note that you have no confidentiality agreement with
NETATMO and any unsolicited information or material sent to NETATMO will not
be regarded by NETATMO as confidential or proprietary information. You may
wish to consult with an attorney before making any unsolicited submission to
NETATMO so that you can understand what will be the consequences of making
an unsolicited public submission to NETATMO. If, however, you submit
unsolicited information and feedback, including, without limitation, ideas
for new advertising campaign, new promotions, new or improved products or
technologies, product enhancements, processes, materials, marketing plans or
new product names (collectively, the 'Feedback'), please be aware that
regardless of what your letter and/or any other accompanying documentation
may say, you are agreeing that the following terms shall apply to your
Feedback: (1) NETATMO, and our designees, may use or redistribute the
Feedback and/or any portions thereof for any purpose, including commercial
purposes, and in any way; without compensation to you; (2) there is no
obligation for NETATMO to review the Feedback and/or provide you with any
commentary regarding the same; and (3) there is no obligation to keep any
Feedback confidential.
2. Upon submitting Feedback you (1) warrant that you are the original developer
and/or creator of the Feedback and are legally free to make such a
disclosure and you shall be solely liable for any damages arising from your
submission of any information that is protected through copyright, trade
secret law, patent law or other proprietary rights and (2) understand our
feedback policy as set forth in this Section and accept this policy without
reservation.
SUBMISSIONS POLICY
1. The Services may provide you with an opportunity to post publicly comments,
articles and other submissions (collectively, the 'Submissions'). By posting
and/or otherwise providing Submissions to the Services, you fully understand
and agree to grant us with the rights described in Section 5 above. You also
permit any other users to access, display, view, store and reproduce such
Submissions for personal use. You acknowledge that to the extent that you
include personally identifiable information in your Submissions, we may
republish such information. NETATMO furthermore reserves the right to alter
and edit any Submission or refuse to accept, post, display or transmit any
Submission in its sole discretion.
2. Although NETATMO has no obligation to monitor the Submissions, you
acknowledge and agree that we may do one or all of the following: (i)
monitor the Submissions; (ii) alter, edit, or remove any Submission in whole
or in part; or (iii) disclose any Submissions. The Submissions posted on the
Site by users do not indicate any approval or endorsement by NETATMO of such
Submissions. NETATMO is not responsible for, and hereby disclaims any and
all liabilities that may arise from the Submissions.
3. You agree that you are responsible for your own use of the Services, for any
Submission you make, and for any consequences thereof. You agree that you
will use the Services in compliance with all applicable local, state,
national, and international laws, rules and regulations, including any laws
regarding the transmission of technical data exported from your country of
residence. To provide a forum where ideas can be shared in a productive and
safe environment, you agree NOT to:
1. Post any private information, or otherwise harvest, collect or disclose
information, about another person without his or her express written
consent;
2. Post any content to the Site that is unlawful, racist, hateful,
libelous, defamatory, obscene, or that intentionally discriminates
against or harasses particular individuals or groups;
3. Post any content to the Site that infringes any third party's
intellectual property or other rights;
4. Use the Services for any unlawful purpose, or transmit or otherwise
make available in connection with the Services any material that would
give rise to criminal or civil liability;
5. Use the Services for advertisements, chain letters, spam, survey
solicitations, junk mail or solicitations;
6. Impersonate any person or entity, including any NETATMO employees, or
falsely state or otherwise misrepresent your affiliation with any
person or entity;
7. Imply that NETATMO endorses any of your statements or positions;
8. Take any action that imposes an unreasonable load on the server;
9. Use any device, software or routine to interfere or attempt to
interfere with the proper working of the Services or any activity being
conducted on the Services;
10. Attempt to decipher, decompile, disassemble or reverse-engineer any of
the software comprising or making up the Services; and/or
11. Delete or alter any material posted by any other person or entity.
DISCLAIMER OF CONTENT AND WARRANTIES
1. The warranty for the product is set forth in the limited warranty available
on https://www.netatmo.com .
2. NETATMO, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE 'NETATMO PARTIES') MAKE
NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, ABOUT
THE CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THEIR OPERATION,
ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE NETATMO
PARTIES DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR FREE, WILL BE
UNINTERRUPTED OR AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, OR
THAT THE SERVICES, ITS SERVER, OR THE CONTENT, ARE FREE OF COMPUTER VIRUSES
OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE
SERVICES OR THE CONTENT CAUSES THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, NO NETATMO PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE SERVICES
AND CONTENT ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED. THE NETATMO PARTIES DISCLAIM
ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE,
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR
PARTICULAR PURPOSE.
3. The Content on the Services is presented in a summary fashion and is
intended to be used for informational purposes only. The data, measurements
as well as any other kind of content provided through the Services are
supplied without any warranty of accuracy and should not be used as a source
to make any decisions.
LIMITATION OF LIABILITY
1. IN NO EVENT SHALL ANY NETATMO PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR
INABILITY TO USE, OR RESULTING FROM USE OF THE SERVICES AND THEIR CONTENT,
WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ANY NETATMO PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NETATMO PARTIES SHALL NOT BE
SUBJECTED TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE
CONTENT AND SERVICES, OR ANY OTHER INFORMATION CONVEYED TO THE USER, OR FOR
ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF
THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE
THE SERVICES AND THEIR CONTENT AT YOUR OWN RISKS. THE AGGREGATE LIABILITY OF
THE NETATMO PARTY, TAKEN INDIVIDUALLY OR COLLECTIVELY, ARISING OUT OR
RELATING TO THE SITE AND SERVICES (REGARDLESS OF THE FORM OF ACTION OR
CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY
OTHER LEGAL THEORY) IS LIMITED TO $100.
2. In some countries, the applicable law does not allow certain of the above
limitations or exclusions, in which case they may not apply to you. IN SUCH
COUNTRIES, THE LIABILITY OF THE NETATMO PARTIES SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION OF NETATMO
Upon simple request by us, you agree to defend, indemnify, and protect NETATMO
from and against any losses, liabilities, damages and costs, including without
limitation, reasonable legal and accounting costs, arising or resulting from any
claims, actions or demands related to (i) your use or misuse of the Services,
including any UGC ; (ii) your breach of these Terms of Use ; or (iii) any breach
of any intellectual property or other third party rights, or any applicable law
in connection with the use of the Services. NETATMO shall provide a notice to
you of any such claim, suit, or proceedings. NETATMO reserves the right to
assume the exclusive defense and control of any matter which is subject to
indemnification under this section. In such case, you agree to cooperate with
any reasonable requests assisting NETATMO's defense of such matter.
TERMINATION OF THE SERVICES
1. These Terms of Use will continue to apply until terminated by either you or
NETATMO as set out below.
2. If you want to terminate your legal agreement with NETATMO, you may do so by
(a) notifying NETATMO at any time at the following address NETATMO, 73 Rue
de Sèvres, 92100 Boulogne-Billancourt or by email:privacy@netatmo.com and
(b) closing your accounts for the Services which you use.
3. NETATMO may, at any time, terminate its legal agreement with you if:
1. You have breached any provisions of these Terms of Use (or have acted in
a manner which clearly shows that you do not intend to, or are unable to
comply with the provisions of the Terms of Use); or
2. NETATMO is required to do so by law (for example, where the provision of
the Services to you is, or becomes, unlawful); or
3. The relationship between NETATMO and the Partner with whom NETATMO
offered the Services to you has been terminated or the Partner has
decided not to offer the Services anymore; or
4. NETATMO is transitioning to no longer providing the Services to users in
the country in which you are a resident or from where you use the
Services, for example in NETATMO's sole opinion, a service is no longer
commercially viable.
4. You understand and agree that some of your UGC, such as that displayed
outside your profile, in any part of the Site, or on any social platforms,
may continue to appear on the Site or on other social platforms even after
your UGC is removed from the Site or your account is terminated.
5. Sections 2 (Use of the Services), 7 (Disclaimer of Content and Warranties),
8 (Limitation of Liability), 9 (Indemnification of NETATMO), 10 (Termination
of Terms of Use), and 13 (Miscellaneous) shall survive the termination of
this Terms of Use.
USER MUST COMPLY WITH APPLICABLE LAWS
1. The Services are hosted in the following countries: France, Ireland,
Germany, The Netherlands, The United States, Japan and for Russian users,
cloud hosting servers in Russia. If you access the Content or Services from
inside or outside of France, you do so at your own risk.
2. France and other countries control the export of certain products and
information. You expressly agree to comply with such restrictions and not to
export or re-export any of the Content to countries or persons prohibited
under the export control laws. By downloading the Content, you are expressly
agreeing that you are not in a country where such export is prohibited or
are a person or entity for which such export is prohibited. You shall be
liable for compliance with the laws regarding the import, export, or
re-export of the Content.
CREDITS
IPhone, iPod and iPad are registered trademarks of Apple Inc, registered in the
Us and other countries. HomeKit is a trademark of Apple Inc. App Store is a
service mark of Apple Inc. Google, Google Play, Android, and related marks and
logos are trademarks of Google Llc. Amazon, Alexa and all related logos are
trademarks of Amazon.com, Inc. or its affiliates.
MISCELLANEOUS
1. These Terms of Use are governed by French law. Any dispute resulting from
these Terms of Use will fall within the exclusive jurisdiction of the
competent French courts.
2. If any provision of these Terms of Use is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Use, which
shall remain in full force and effect.
3. NETATMO not applying any provisions of these Terms of Use is not construing
as a waiver of that provision or any other provision in these Terms of Use.
4. Except as expressly agreed by NETATMO and you, these Terms of Use
constitutes the entire Terms of Use between you and NETATMO with respect to
the subject matter, and supersedes all previous agreements, whether written
or oral, between the you and NETATMO with respect to the subject matter.
5. The section headings are provided merely for convenience and shall not be
given any legal import.
6. These Terms of Use will inure to the benefit of our successors, assigns,
licensees, and sublicensees.
7. Any information submitted or provided by you might be publicly accessible.
Important and private information should be protected by you. NETATMO is not
liable for protection of privacy of electronic mail or other information
transferred through the Internet or any other network that you may use.
The collection and processing of Personal Data, made when you use the Services,
is carried out in accordance with Regulation (EU) 2016/679 of the European
Parliament and of the Council of 27 April 2016 on the protection of individuals
with regard to the treatment of personal data and the free movement of such data
and repealing Directive 95/46 / EC (the 'General Data Protection Regulation' or
GDPR). For more information, please see our Privacy Policy.
PRIVACY POLICY
Amended on 02 May 2018 - Updated on 04 March 2021, to improve the understanding
of our users
Your privacy and the protection of your Personal Data is very important to us at
NETATMO ("NETATMO", "We", "Us" or "Our"). Accordingly, we have drafted the
present Privacy Policy to explain Our policy with respect to data identifying or
allowing to identify, directly or indirectly, a person using one or several
specific elements ("Personal Data") including the measurements collected by Our
connected solutions (the "Measurements"). Such Personal Data are either
generated or collected by NETATMO or directly communicated by you when using any
of the NETATMO products (the "Product" or "Products"), Our Websites and more
generally all URLs administered by NETATMO and its services (the "Website
Services"), and Our software (the "Software", the "Computer Software" and
"Mobile Software"). As used herein, the term "Services" means the Website,
Website Services, Computer Software and Mobile Software.
The present Privacy Policy apply to any Personal Data processed by NETATMO
through its Websites, Services and connected Products. If you use Home + Control
Mobile Software, please refer to the Privacy Notice attached to this Mobile
Software.
COMPLIANCE WITH DATA PROTECTION LEGISLATION
The collection and processing of Personal Data, done when you use the Services
provided by NETATMO, are carried out in accordance with Data Protection
Legislation, inter alia, Regulation (EU) 2016/679 of the European Parliament and
of the Council ("General Data Protection Regulation 2016/679" or "GDPR"), the
Russian Federation Federal Law No.152 “On personal data defense” dd. July
27,2006 as well as any other European or domestic regulations applicable in this
field that may be added to or subsequently replaced by it (mentioned hereinafter
as "Data Protection Legislation").
IDENTITY OF THE DATA CONTROLLER
When using the Services, all processing of Personal Data is carried out by
NETATMO acting as a Data Controller:
NETATMO
73 Rue de Sèvres
92100 Boulogne-Billancourt,
France
ACCOUNT CREATION
To benefit from Our Services (make a purchase on Our E-shop, use Our Mobile or
Web Applications, contact Our Customer Service or get certified as a
professional installer), you need to register by creating your personal account.
When doing so through Our Website or Our Mobile Software, you will be required
to communicate an e-mail address and a password (hashed). Please note that both
data are mandatory and essential for providing the Services that you requested.
Failure to fill in a mandatory field will result in preventing the creation of
your user account.
1. On the basis of the contract, We will process such data in order to create
and manage your personal client account.
2. We may also process your e-mail address for communications and direct
marketing purposes. For more information on this processing activity, please
consult the COMMUNICATIONS AND DIRECT MARKETING ACTIVITIES section.
The data collected to create your account will be kept for the duration of the
contractual relationship (that ends by sending a voluntary deletion request to
privacy@netatmo.com
). We also inform you that, unless opposed by you, your account will be deleted
if it remains inactive for 3 years. For Home + Control Mobile Software users,
this deletion will also delete the data associated to this Mobile Software.
Note that you can review and edit your personal data and other information on
Our Website and on Our Mobile applications.
For more information about the data recipients that benefit from an access to
your personal data, please consult the
ACCESS TO DATA
section.
CONTACTING OUR CUSTOMER SERVICE
1. When contacting Our Helpdesk Support, We will collect the reason for contact
and your message. Note that both data are mandatory and essential for
providing the Services that you requested. Failure to fill in one of those
field will compromise the proper handling of your request. Also note that
you may attach and send Us a file to support your query. On the basis of the
contract, We will process such data for the exclusive purposes of directing
your request to the relevant internal department and giving an answer to
your query.
2. On the legal basis of the contract, we may where applicable and subject to
your prior authorization, access your installation data (user account and
associated Products data) for after-sales services purposes in order to
diagnose and resolve a potential issue.
3. On the basis of Our legitimate interest in improving Our client relations,
we inform you that we will retain your Helpdesk customer history.
The data collected by Our Customer Service is kept for a maximum of 6 years.
For more information about the data recipients that benefit from an access to
your personal data, please consult the
ACCESS TO DATA
section.
WEBSITE
* Navigating On Our Website And Using Our Web-Applications
Cookies and Similar Technologies
When you browse the NETATMO Website, Cookies are placed on your browser. A
cookie is a piece of information that the computer program which hosts Our
Website gives to your browser when you access the Website. The cookies help
provide additional functionality to the Website and help Us analyze Site
usage more accurately. In some cases, you will be asked to provide prior
consent before we use certain types of cookies. We recommend that you leave
the cookies turned on or activated because they allow you to take advantage
of some of the features on the Website.
Necessary
These cookies are strictly necessary to the functioning of the Website and/or
allow the provision of a service requested by the visitor: protection against
bot attacks to ensure the good behavior of the Website, remember the language
version that you chose, remember the last app opened etc. Such cookies may
collect the following categories of data: IP address, Session ID, information
about the user’s device, activities performed on the Website, and are
processed on the contract basis.
* na_session
* COOKIE DESCRIPTION: handle the images cache so that the whole website
doesn’t have to reload each time
Type: Technical Cookies
Lifespan: 2 hours
* COOKIE GENERATOR: NETATMO
* netatmocomaccess_token
* COOKIE DESCRIPTION: login token
Type: Technical Cookies
Lifespan: 3 hours
* COOKIE GENERATOR: NETATMO
* netatmocomci_csrf_cookie_na
* COOKIE DESCRIPTION: authenticate each visitor and session with a random
token and defend against bots’ attacks
Type: Technical Cookies
Lifespan: 12 hours
* COOKIE GENERATOR: NETATMO
* netatmocomlast_app_used
* COOKIE DESCRIPTION: keep the last app opened by the visitor on his
my.netatmo.com (security, energy etc)
Type: Technical Cookies
Lifespan: 12 months
* COOKIE GENERATOR: NETATMO
* netatmocomlocale
* COOKIE DESCRIPTION: keep the website version the visitor chose:
France-French, Swizterland-german etc
Type: Technical Cookies
Lifespan: 12 months
* COOKIE GENERATOR: NETATMO
* XSRF-TOKEN
* COOKIE DESCRIPTION: authenticate each visitor and session with a random
token and defend against bots attacks
Type: Technical Cookies
Lifespan: 2hours
* COOKIE GENERATOR: NETATMO
* gtm_cookie_consent_optout
* COOKIE DESCRIPTION: This cookie keeps your preferences regarding which
kind of cookies you accept or refuse on our website.
* COOKIE GENERATOR: NETATMO
* netatmocomredirect_to_home
* COOKIE DESCRIPTION: decides whether or not to redirect to the new webapp
Type: Technical Cookies
Lifespan: 12 months
* COOKIE GENERATOR: "name": "netatmocomredirect_to_home"
Analytics and personalization
These cookies allow Us to obtain non-nominative statistics about Our Website
to help Us optimize its ergonomics, content and navigation.
Through the use of such cookies, NETATMO can only access the following
categories of data: IP address, unique ID of cookie, information about the
user’s device and activities performed on the Website (first and last visit,
length of visit, time of arrival and departure etc.).
If you consent to the deposit of such cookies, you can reconsider your
decision and refuse the statistical analysis of your navigation data at any
time by withdrawing your consent directly within the table.
* _ga
* COOKIE DESCRIPTION: Registers a unique ID that is used to generate
statistical data on how the visitor uses the website.
Type: Audience Measurement Cookies
Lifespan: 13 months
* COOKIE GENERATOR: GOOGLE ANALYTICS
* _gat
* COOKIE DESCRIPTION: Used to throttle requests to google analytics,
limiting the collection of data on high traffic. It expires after the
session ends.
Type: Audience Measurement Cookies
Lifespan: 1 minute
* COOKIE GENERATOR: GOOGLE ANALYTICS
* _gid
* COOKIE DESCRIPTION: Registers a unique ID that is used to generate
statistical data on how the visitor uses the website.
Type: Audience Measurement Cookies
Lifespan: 24 hours
* COOKIE GENERATOR: GOOGLE ANALYTICS
* ABTasty
* COOKIE DESCRIPTION: Registers the testing data: visitorID, tests ID,
timestamps.
Type: Advertisement Cookies
Lifespan: 13 months
* COOKIE GENERATOR: ABTASTY
* ABTastySession
* COOKIE DESCRIPTION: Identify a unique session for a visitor
Type: Advertisement Cookies
Lifespan: 30 minutes
* COOKIE GENERATOR: ABTASTY
_cs_id
COOKIE DESCRIPTION : Stores technical user data
Type: Advertisement Cookies
Lifespan : 13 months
COOKIE GENERATOR: CONTENTSQUARE
_cs_s
COOKIE DESCRIPTION : Stores Session Replay data
Type: Advertisement Cookies
Lifespan : 30 minutes
COOKIE GENERATOR: CONTENTSQUARE
_cs_c
COOKIE DESCRIPTION : Stores user consent on the use of session data within
replays (not anonymized vs. full anonymized)
Type: Advertisement Cookies
Lifespan : 13 months
COOKIE GENERATOR: CONTENTSQUARE
_cs_cvars
COOKIE DESCRIPTION : Stores the URL-encoded custom variables from the
session
Type: Advertisement Cookies
Lifespan : Session length
COOKIE GENERATOR: CONTENTSQUARE
_cs_ex
COOKIE DESCRIPTION : When set, the user is excluded from tracking
Type: Advertisement Cookies
Lifespan : 30 days
COOKIE GENERATOR: CONTENTSQUARE
_cs_optout
COOKIE DESCRIPTION : When set, the user is opted-out from tracking
Type: Advertisement Cookies
Lifespan : 13 months
COOKIE GENERATOR: CONTENTSQUARE
_cs_t
COOKIE DESCRIPTION : Checks if the browser supports cookies and sets flags
Type: Advertisement Cookies
Lifespan : Immediately removed
COOKIE GENERATOR: CONTENTSQUARE
_cs_same_site
COOKIE DESCRIPTION : Check if the browser supports the SameSite flag
Type: Advertisement Cookies
Lifespan : Immediately removed
COOKIE GENERATOR: CONTENTSQUARE
_cs_root_domain
COOKIE DESCRIPTION : Stores the URI-encoded main domain name of the site
Type: Advertisement Cookies
Lifespan : Immediately removed
COOKIE GENERATOR: CONTENTSQUARE
_cs_mk_ga
COOKIE DESCRIPTION : Ensures Google Analytics dimensions and eVars are set
only once every 30 minutes
Type: Advertisement Cookies
Lifespan : 30 minutes
COOKIE GENERATOR: CONTENTSQUARE
_cs_mk_aa
COOKIE DESCRIPTION : Ensures Adobe Analytics dimensions and eVars are set
only once every 30 minutes
Type: Advertisement Cookies
Lifespan : 30 minutes
COOKIE GENERATOR: CONTENTSQUARE
_cs_debug
COOKIE DESCRIPTION : Enables/disables specific behavior of the Tag for
debugging purposes
Type: Advertisement Cookies
Lifespan : Session length
COOKIE GENERATOR: CONTENTSQUARE
Commercial Partners
The advertisement cookies allow NETATMO or its partners to advertise to you
the most relevant and the most adapted advertisements, according to your
interests and navigation on the site.
Through the use of such cookies, NETATMO can only access the following
categories of personal data: IP address, unique ID of cookie, information
about the user’s device and navigation data.
If you consent to the deposit of such cookies, you can reconsider your
decision and withdraw it later at any time directly within the table. By
opposing to the use of this set of cookies, you will no longer be able to
view personalized advertisement and may have advertisement that is not
related to your supposed interests.
* _fbp
* COOKIE DESCRIPTION: Used by Facebook to deliver a series of
advertisement products such as real time bidding from third party
advertisers.
Type: Advertisement Cookies
Lifespan: 2 months
* COOKIE GENERATOR: FACEBOOK
* cto_lwid
* COOKIE DESCRIPTION: Used by Google to collect non-nominative information
for use on Google Adwords. The data helps Google deliver relevant
advertising on other websites.
Type: Advertisement Cookies
Lifespan: 13 months
* COOKIE GENERATOR: GOOGLE DOUBLECLICK.NET
Socials
These features use third-party cookies directly deposited by these services.
NETATMO does not collect any data through social plugins cookies.
If you consent to the deposit of such cookies, you can reconsider your
decision and withdraw it later at any time directly within the table. Please
note that in this case you will no longer be able to rely on such Third-Party
services. For example, you will not be able to access Social Media to share a
post or comments about the Products.
Third party cookies aimed at improving the interactivity of the Website
The social plugins cookies allow you to interact with the following Social
Media platforms:
1. Facebook / Instagram. You will find a list and an overview of Facebook
social plugins at the following address:
https://developers.facebook.com/docs/plugins. For more information on
Facebook's policy with regard personal data protection, please refer to:
https://www.facebook.com/policy.php
2. Twitter. For more information on Twitter's policy concerning personal
data protection, please refer to: https://twitter.com/privacy
3. LinkedIn. For more information on LinkedIn’s policy concerning personal
data protection, please refer to:
https://www.linkedin.com/legal/privacy-policy.
4. Youtube. You will find a list and an overview of YouTube social plugins
at the following address: https://www.youtube.com/yt/dev/. For more
information on YouTube’s policy with regard to personal data protection,
please refer to: https://support.google.com/youtube/answer/2801895
Audience Measurement Cookies
These cookies allow Us to obtain non-nominative statistics about Our Website
to help Us optimize its ergonomics, content and navigation.
Through the use of such cookies, NETATMO can only access the following
categories of data: IP address, unique ID of cookie, information about the
user’s device and activities performed on the Website (first and last visit,
length of visit, time of arrival and departure etc.).
If you consent to the deposit of such cookies, you can reconsider your
decision and refuse the statistical analysis of your navigation data at any
time by withdrawing your consent directly within the table.
For more information about the data recipients that benefit from an access to
your personal data, please consult the ACCESS TO DATA section below.
DISCLAIMER - LINKS TO OTHER WEB SITES
The present Privacy Policy does not apply to Third-Party Websites. Although
Our Websites may contain links to other websites, this does not imply that
NETATMO endorses or has reviewed such Third-Party Websites that are not
operated nor controlled by NETATMO. Please refer to the Third-Party Websites’
privacy policies to obtain information as to how they process your Personal
Data.
* Making A Purchase On Our E-shop
To allow fulfilment of the orders that you have placed on Our e-shop, you
will be asked to complete your store account by providing your name and
surname, title (Mr. or Mrs.), e-mail address, delivery address, billing
address and phone number. Note that such data are compulsory. Failure to
answer a mandatory field will result in compromising the proper fulfilment of
your purchase order. You may also decide to communicate you birth date.
1. On the basis of the contract, We will process all compulsory data in
order to create and manage your store account and to manage your order
and its delivery.
2. Should you provide Us with this information, we will process your birth
date for birthday offer proposition management purposes on the basis of
Our legitimate interest in direct marketing, For more information on this
processing activity, please consult the COMMUNICATIONS AND DIRECT
MARKETING ACTIVITIES section below.
3. We inform you that, on the basis of the contract, We will also retain
your Purchase history and make it accessible to you on your account. We
may also process such data for analytical profiling purposes. For more
information on analytical profiling please refer to the Analytical
Profiling for Direct Marketing Purposes section below.
The data relating to the online store account are kept for the duration of
the customer relationship (that ends by sending a voluntary deletion request
to
privacy@netatmo.com
).
Billing receipts will be kept for 10 years from the end of the financial year
in accordance with the applicable legal retention period.
Your credit card and other financial account information are solely processed
by Our service provider, STRIPE in compliance with Our contractual provisions
and the applicable legislation. NETATMO does not collect or otherwise process
any financial information during the purchase operation.
For more information about the data recipients that benefit from an access to
your personal data, please consult the
ACCESS TO DATA
section.
COMMUNICATIONS AND DIRECT MARKETING ACTIVITIES
* Direct Marketing by E-mail
We may use your e-mail address to send you some product information, birthday
offer propositions (if you decided to provide Us with this information),
quizzes and commercial offer propositions.
Subject to your explicit consent, your e-mail address will be processed for
the purpose of sending you offers, news bulletins, new products and
promotional campaigns related to LEGRAND, NETATMO and BTICINO products and/or
services by e-mail.
Note that you can always oppose to this processing and unsubscribe from Our
communications at any time by clicking the link at the bottom of Our e-mails
or by following the procedure set out in the EXERCISE OF USERS' RIGHTS
section.
Your e-mail address will be kept for the duration of the contractual
relationship (that ends by sending a voluntary deletion request to
privacy@netatmo.com). We also inform you that, unless opposed by you, your
account will be deleted if it remains inactive for 3 years.We inform you that
We will process openings and clicks in order to assess the efficiency of Our
campaigns on the basis of Our legitimate interest in improving Our
communications.
For more information about the data recipients that benefit from an access to
your personal data, please consult the ACCESS TO DATA section.
* In-App Communications and Push Notifications
* In-App Communications
NETATMO can send commercial and/or operational communications directly to
your Mobile Application. To do so, the language that you have set on your
device will be collected to adapt the language of Our communications. We
also inform you that, subject to your explicit consent, NETATMO will
collect and process audience measurement data through the analytics tools
installed on Its mobile applications in order to assess the efficiency of
its commercial campaigns. To learn more about this analytics processing,
please refer to the Cookies and Similar Technologies used on Our Mobile
Applications section.
For more information about the data recipients that benefit from an access
to your personal data, please consult the ACCESS TO DATA section.
* Push Notifications
Your Mobile Application may send you push notifications or alerts (For
example, your Weather Station sends an alert to your device when a
remarkable event occurs for the temperature, humidity, pressure or weather
alerts). Note that you can disable and/or manage such notifications at any
time directly from your account.
* Analytical Profiling for Direct Marketing Purposes (through e-mail and in-app
communications)
NETATMO aims at enhancing Its customer experience by sending the most
relevant communications to Its clients. If you consented to receiving Our
communications, We inform you that We conduct research on customer interests
and perform some analytical profiling activities for personalized direct
marketing purposes on the basis of the products that you use (Products paired
to your App) and/or bought (Purchase history). Such processing activity is
performed on the basis of Our legitimate interest in continuously improving
Our communications and clients’ relations. Note that if you do not wish to
receive tailored communications, you can oppose to this analytical profiling
activity at any time by following the procedure set out in the EXERCISE OF
USERS' RIGHTS section.
For more information about the data recipients that benefit from an access to
your personal data, please consult the ACCESS TO DATA section.
* Surveys, Quizzes and Contests
* Surveys and Quizzes
From time to time, NETATMO may send surveys to its clients and collect
their answers on the basis of Its legitimate interest in improving its
Products, Services and clients’ relations. Whether such surveys are sent
via e-mails or in-app communications, We inform you that We may rely on
third-party service providers acting as Data Processors to perform this
processing activity. Such data recipient will only process your personal
data for the exclusive purpose of compiling and managing the answers to
Our surveys in accordance with Our contractual provisions and the
applicable legislation.
Survey data are processed on a non-nominative basis and are kept for 2
years.
For more information about the data recipients that benefit from an access
to your personal data, please consult the ACCESS TO DATA section.
* Contests
From time to time, NETATMO may organize contests on Its Website. To
participate, you will be required to fill a form and to accept the
contests terms and conditions. This processing activity will therefore be
performed on the contract basis. Note that We are relying on third-party
service providers acting as Data Processors to perform this processing
activity. We inform you that such data recipient will only process your
personal data for the exclusive purpose of managing the contest and
selecting a winner in accordance with Our contractual provisions and the
applicable legislation.
Contests data are kept for 2 years.
For more information about the data recipients that benefit from an access
to your personal data, please consult the ACCESS TO DATA section.
MOBILE APPLICATIONS AND ASSOCIATED PRODUCTS
* Processing Activities Common To All Our Mobile Applications
* Cookies And Similar Technologies Used On Our Mobile Applications
Third-Party Services required for the proper functioning of the Mobile
Application
The iOS and Android applications use the Crashlytics tool (Google) in
order to record crashes that may occur during the use of the application.
Only real-time crash reports are sent with precise indications of code
positions and device information; these reports are intended to simplify
maintenance and thus improve the stability of the application.
We inform you that NETATMO accesses and processes the following Personal
Data: unique ID of cookie, IP address, information about the equipment
(making, brand and unique ID of equipment, physical location of the device
at the time of crash etc.). Crash data is kept for up to 90 days.
To learn more about how Google processes the personal data collected
through Crashlytics, please visit:
https://docs.fabric.io/android/fabric/data-privacy.html
Third-party services for audience measurement purposes on the Mobile
Application
We use Firebase (Google) for the collection of statistical data that
allows Us to know the interactions of the users on Our mobile applications
and to understand how users use Our products and services. To learn more
about Google's processing of your personal data through Firebase, please
visit https://docs.fabric.io/apple/fabric/data-privacy.html.
We inform you that NETATMO accesses and processes the following Personal
Data: unique identifier of the cookie, IP address, information on the
material and the activities carried out (dates of the first and last visit
of the user / duration of the visit / hours of arrival and departure
etc.). The retention period of such data is 90 days.
If you consent to the reading of Answers, you can reconsider your decision
and refuse the statistical analysis of your navigation data at any time
and withdraw your consent by managing your settings directly within your
Application.
Advertisement
An advertising identifier (E.G. 'ad-ID' or 'IDFA') is a user specific
mobile identifier assigned by your device or operating environment. Note
that We will process such data to evaluate and tailor advertising
campaigns. Your advertising ID can also be accessed and further processed
by your mobile manufacturer unless you refuse it in the parameter of your
mobile device.
For more information about the data recipients that benefit from an access
to your personal data, please consult the ACCESS TO DATA section.
* Third-Party Applications
To subscribe to third-party services, you must accept the specific terms
of use and/or privacy policies that apply to such services. We will
collect the third-party authorizations that you gave and process this data
to manage access authorizations in accordance with your choices. The
decision to subscribe to these third-party services or otherwise is yours
alone. Note that you can revoke the authorizations that you gave directly
from your mobile application.
You acknowledge that the possibility of subscribing to these third-party
services is provided to you as a service by NETATMO, but that We have no
means of controlling these third-party services. NETATMO therefore
formally refuses to accept any liability for these third-party services.
* Uninstalling Our Mobile Applications
Uninstalling Our Mobile Applications does not erase your data. If you wish
to have your data deleted immediately, please make a deletion request to
privacy@netatmo.com. However, note that unless opposed by you, We will
delete your account and all associated Product data after three years of
inactivity.
* WEATHER Mobile Application
The WEATHER Mobile Application allows you to pair the NETATMO’s Weather
station and its accessories (outdoor module / indoor module / wind gauge /
rain gauge).
This particular Service entails the processing of Personal Data under the
following modalities:
1. Your Weather station location (GPS) will be processed on the contract
basis for Product registration, Identification of available WIFI networks
and display of more precise information purposes.
Subject to your explicit consent, collected at the time of registration,
this data will also be used to place you on the NETATMO’s WeatherMap. .
The location of your Weather Station will be retained until you change
its location: should you move your Weather Station after installation,
you can geolocate it again at any time in order to obtain more relevant
information and proper placement on the WeatherMap. On this occasion, a
system pop-up will ask for your explicit consent. In the alternative, you
can decide to enter a new address manually.
Note that contribution to the NETATMO WeatherMap is disabled by default.
By choosing to contribute to the NETATMO WeatherMap, only your outdoor
data will be shared. The indoor data will remain private. If you do not
wish to contribute, we will not share any information of yours
whatsoever, only you will see your Station on the map. Should you consent
to contributing, We inform you that you can withdraw your consent from
the Weather Station’s settings menu at any time (Settings > Station name
> Advanced).
2. The language of your device, your city and country (inferred from your IP
address) will be processed on the contract basis for adapting the
language used on your Application and to adapt zone information.
3. We will also collect measurement data relative to each product
(temperature, wind, rain, altitude inferred from localization of Product,
pressure, sound level, humidity, Co2) on the contract basis and
communicate it to you on your Application to render the Service. On the
basis of Our legitimate interest in improving Our Products and Services,
We will also process measurement data for R&D analysis in order to
improve the content and functionality of Our Products and Services. If
consented, the external measurement data could be shared with third party
partners to improve the weather forecast or make statistical studies for
a given time
4. The Product and Home name(s) will be processed on the contract basis in
order to personalize your user’s interface.
5. The Date and time of setup of each Product and the Last time and date of
seen for each Product will be processed on the contract basis for
Helpdesk support purposes and to delete inactive user accounts.
6. The following technical data: MAC addresses of each Product, Network IP
address, Network Transport, WIFI status, Mobile IP address, Mobile type
and Mobile version will be processed on the contract basis for Product
registration, Usage of the solution and distribution of Weather Feed
alerts purposes.
Except for the location of your Weather Station, as well as the measurement
data related to each product (temperature, wind, rain, altitude deduced from
the location of the Product, pressure, sound level, humidity, CO2), which are
kept for 10 years by our partners from their date of collection for research
and statistical analysis purposes, all the above data is kept for the
duration of the contractual relationship (that ends by sending a voluntary
deletion request to
privacy@netatmo.com
). We also inform you that, unless opposed by you, your account and all
associated Products data will be deleted after 3 years of inactivity. In the
alternative, note that you can reset the Product which will result in
deleting your Product data.
For more information about the data recipients that benefit from an access to
your personal data, please consult the
ACCESS TO DATA
section.
* ENERGY Mobile Application
The ENERGY Mobile Application allows you to pair the NETATMO’s Smart
Thermostat and its accessories (Smart Radiator Valves).
This particular Service entails the processing of Personal Data under the
following modalities:
1. The Product Location (GPS) will be processed on the contract basis for
product registration, identification of available WIFI networks and
obtention of external temperature purposes.
2. The language of your device, your city and country (inferred from your IP
address) will be processed on the contract basis for adapting the
language used on your Application.
3. We will also collect measurement data relative to each product
(temperature) on the contract basis and communicate it to you on your
Application to render the Service. On the basis of Our legitimate
interest in improving Our Products and Services, We will also process
measurement data for R&D analysis in order to improve the content and
functionality of Our Products and Services.
4. Heating schedule (per user and per device) will be collected and
processed on the contract basis and communicated to you on your
Application. This data also serves the purpose of operating the solution.
5. Should you provide Us with the following data: Energy sources, type of
house, surface of house m², We will process it on the contract basis in
order to give you more precise and personalized information.
6. The Product and Home name(s), room name and type will be processed on the
contract basis in order to personalize your interface.
7. The Date and time of setup of each Product and the Last time and date of
seen for each Product will be processed on the contract basis for
Helpdesk support purposes and to delete inactive user accounts.
8. The following technical data: MAC addresses of each Product, Network IP
address, Network Transport, WIFI status, Mobile IP address, Mobile type
and Mobile version will be processed on the contract basis for product
registration, execution of the Service and maintenance of Thermostat and
associated accessories.
The above data is kept for the duration of the contractual relationship (that
ends by sending a voluntary deletion request to
privacy@netatmo.com
). We also inform you that, unless opposed by you, your account and all
associated Products data will be deleted after 3 years of inactivity.
In the alternative, note that you can reset the Product which will result in
deleting your Product data.
To learn more about the data recipients that benefit from an access to your
personal data, please consult the
ACCESS TO DATA
section.
* AIR CARE Mobile Application
The AIR CARE Mobile Application allows you to pair the NETATMO’s Healthy Home
Coach.
This particular Service entails the processing of Personal Data under the
following modalities:
1. The Healthy Home Coach Location (GPS) will be processed on the contract
basis for product registration, identification of available WIFI networks
and obtention of external temperature purposes.
2. The language of your device, your city and country (inferred from your IP
address) will be processed on the contract basis for adapting the
language used on your Application.
3. The Healthy Home Coach name, the Home and room names will be processed on
the contract basis in order to personalize your user’s interface.
4. We will also collect measurement data relative to each product
(Temperature, Humidity, CO2, Noise Level) on the contract basis and
communicate it to you on your Application to render the Service. On the
basis of Our legitimate interest in improving Our Products and Services,
We will also process measurement data for R&D analysis in order to
improve the content and functionality of Our Products and Services.
5. The Date and time of setup of each Product and the Last time and date of
seen for each Product will be processed on the contract basis for
Helpdesk support purposes and to delete inactive user accounts.
6. The following technical data: MAC addresses of each Product, Network IP
address, Network Transport, WIFI status, Mobile IP address, Mobile type
and Mobile version will be processed on the contract basis for product
registration, execution of the Service and maintenance of the Product.
The above data is kept for the duration of the contractual relationship (that
ends by sending a voluntary deletion request to
privacy@netatmo.com
). We also inform you that, unless opposed by you, your account and all
associated Products data will be deleted after 3 years of inactivity.
In the alternative, note that you can reset the Product which will result in
deleting your Product data.
To learn more about the data recipients that benefit from an access to your
personal data, please consult the
ACCESS TO DATA
section.
* SECURITY Mobile Application
The SECURITY Mobile Application allows you to pair the NETATMO’s Smart Indoor
Camera, Smart Outdoor Camera, Smart Video Doorbell, Smart Door & Window
Sensors, Smart Smoke Alarm and Smart Carbon Monoxide Alarm.
In all the articles, the term "Camera" applies to the Smart Indoor Camera,
the Smart Outdoor Camera and the Smart Video Doorbell
Using Our Security Cameras entails the processing of Personal Data under the
following modalities:
1. The Security Cameras and accessories GPS location (Smart Door & Window
Sensors) will be processed on the contract basis for product registration
and identification of available WIFI networks purposes.
2. The type and number of Security accessories linked to the Camera (Tags –
Siren - Smart Door & Window Sensors) will be processed on the contract
basis for product registration and rendering of the Service purposes.
3. The location of your Mobile device will be processed, subject to your
explicit consent, for geofencing purposes in order to determine when you
leave your home, in the background (even when the app is closed or not in
use).
4. The language of your device, your city and country (inferred from your IP
address) will be processed on the contract basis for adapting the
language used on your Application.
5. The Security Cameras and accessories name, Home and room names will be
processed on the contract basis in order to personalize your user’s
interface.
6. The Metrics used for the Products (Event logs, home occupancy) will be
processed on the contract basis in order to personalize the Service to
your needs.
7. We will also collect measurement data relative to each product (Events
from Cameras, Tags, Sirens, Smart Door & Window Sensors, end user
reports) on the contract basis and communicate it to you on your
Application to render the Service.
8. The Date and time of setup of each Product and the Last time and date of
seen for each Product will be processed on the contract basis for
Helpdesk support purposes and to delete inactive user accounts.
9. The following technical data: MAC addresses of each Product, Network IP
address, Network Transport, WIFI status, Mobile IP address, Mobile type
and Mobile version will be processed on the contract basis for product
registration, execution of the Service and maintenance of the Cameras and
associated accessories.
The above data is kept for the duration of the contractual relationship (that
ends by sending a voluntary deletion request to
privacy@netatmo.com
). We also inform you that, unless opposed by you, your account and
associated Products data will be deleted after 3 years of inactivity.
In the alternative, note that you can reset the Security Cameras or
accessories which will result in deleting your Product data.
You can delete also the events at any time from the parameter in the settings
(a week; month or year). Such events will be deleted from the backend after
you delete them from the SD card of your Product.
SECURITY CAMERAS SPECIFIC - ACCESS TO DATA
Shall you voluntarily send Us a video taken by your Security Camera when
contacting Our Customer Support to report an issue, We may ask for your
consent to process such data to improve Our algorithms and the performance of
Our Security Cameras.
For more information about the data recipients that benefit from an access to
your personal data, please consult the ACCESS TO DATA section.
PROCESSING OF SPECIAL CATEGORIES OF PERSONAL DATA AND USERS’ RESPONSIBILITIES
We inform you that Our Indoor Cameras allow the processing of biometric data
for the purpose of uniquely identifying a natural person. This feature is
enabled by default. You can disable the processing of biometric data at any
time by managing your settings directly from the Security Application.
The data allowing this processing activity are hosted locally on the SD card
of your Product (profile that you have created, answers that you gave when
using the algorithm). NETATMO only hosts the events that you have defined
until you delete them or for the time-period that you have set at the latest.
NETATMO will not process such data for the purpose of identifying a natural
person.
Our Security Cameras have been developed for a strictly personal or domestic
use and / or activity.
They allow you to determine the purposes and means of the processing
activities you want to achieve. As such, you are required to comply with all
applicable legislation regarding the protection of personal data, image
rights and privacy.
Should you decide to use Our Security Cameras for a different use, you will
be considered as the sole Data Controller, NETATMO remains a Data Processor.
In any case, you are responsible for compliance with any applicable law when
using Our Product and Services and you must inform your visitors about the
functioning and operation of the Security Cameras. If necessary, depending on
your processing activities, you may need to obtain their prior explicit
consent.
Using Our Smart Smoke Alarm / Smart Carbon Monoxide Alarm entails the
processing of Personal Data under the following modalities:
1. The Smart Smoke Alarm / Smart Carbon Monoxide Alarm location (GPS) will
be processed on the contract basis for product registration and
identification of available WIFI networks purposes.
2. The language of your device, your city and country (inferred from your IP
address) will be processed on the contract basis for adapting the
language used on your Application.
3. The Smart Smoke Alarm / Smart Carbon Monoxide Alarm name, Home and room
names will be processed on the contract basis in order to personalize
your user’s interface.
4. We will also collect measurement data relative to each product (Smart
Smoke Alarm / Smart Carbon Monoxide Alarm status, last detected time,
start time, end time, tamper status, date of last sound test) on the
contract basis and communicate it to you on your Application to render
the Service. On the basis of Our legitimate interest in improving Our
Products and Services, We will also process measurement data for R&D
analysis in order to improve the content and functionality of Our
Products and Services.
5. The Date and time of setup of each Product and the Last time and date of
seen for each Product will be processed on the contract basis for
Helpdesk support purposes and to delete inactive user accounts.
6. The following technical data: MAC addresses of each Product, Network IP
address, Network Transport, WIFI status, Mobile IP address, Mobile type
and Mobile version will be processed on the contract basis for product
registration, execution of the Service and maintenance of the Smart Smoke
Alarm / Smart Carbon Monoxide Alarm.
The above data is kept for the duration of the contractual relationship (that
ends by sending a voluntary deletion request to
privacy@netatmo.com
). We also inform you that, unless opposed by you, your account and
associated Products data will be deleted after 3 years of inactivity.
In the alternative, note that you can reset the Smart Smoke Alarm / Smart
Carbon Monoxide Alarm which will result in deleting your Product data.
For more information about the data recipients that benefit from an access to
your personal data, please consult the
ACCESS TO DATA
section.
NETATMO PRO
To get certified as a NETATMO PRO, you need to register through Our Website in
order to take Our online training tests.
When doing so, you will be required to communicate an e-mail address, name and
surname. Please note that such data are mandatory and essential for registering
as a NETATMO PRO. Failure to fill in a mandatory field will result in preventing
the creation of your PRO account.
1. On the basis of the contract, We will process such data in order to create
and manage your NETATMO PRO account.
2. On the basis of Our legitimate interest in improving Our clients’ relations,
We will process such data in order to create of your personal file on Our
CRM tool provided by Mailchimp.
3. We may also process your e-mail address for communications and direct
marketing purposes. For more information on this processing activity, please
consult the COMMUNICATIONS AND DIRECT MARKETING ACTIVITIES section above.
4. During the use of Our Services, We will collect your Test results (per
product) on the basis of the contract and process such data for the purpose
of giving you your professional certification.
The above data is kept for the duration of the contractual relationship (that
ends by sending a voluntary deletion request to
contact-pro@netatmo.com
).
For more information about the data recipients that benefit from an access to
your personal data, please consult the
ACCESS TO DATA
section.
You can exercise your rights by contacting:
contact-pro@netatmo.com
. For more information about your rights under data protection legislation,
please refer to the
EXERCISE OF USERS' RIGHTS
section.
PROFESSIONALS’ OBLIGATIONS
As a NETATMO PRO (certified professional), you are obliged to inform directly
the end-users to read the Terms of Use and Privacy Policy available on the
website, at the time of NETATMO Product installation.
ACCESS TO DATA
We consider the privacy of your Personal Data to be a vital part of Our
relationship with you. We hereby inform you that according to the Services that
you are using, the following Data recipients have access to your personal data,
within the limits of their respective assignments:
1. The relevant internal departments of NETATMO, established in France:
1. The Research and Development (R&D) teams in charge of our intelligent
solutions have, in order to achieve their missions, access: to customer
account data (email address only) (see section ACCOUNT CREATION), the
information collected by the technical cookies necessary for the proper
functioning of the Services (see sections Browsing Our Website And
Using Our Internet Applications and Cookies And Similar Technologies
Used On Our Mobile Applications ), data processed in connection with
the use of the Products (see sections WEATHER Mobile Application,
ENERGY Mobile Application, AIR CARE Mobile Application, SECURITY Mobile
Application except for biometric data that remains locally on the
Product)
2. The teams of our customer support have, for the purpose of achieving
their mission, access: to customer account data (see section ACCOUNT
CREATION), data collected during your contacts with Technical Support
(see section CONTACTING OUR CUSTOMER SERVICE), the data collected as
part of the purchase on the Online Store (see section Making A Purchase
On Our E-shop), Account Data for NETATMO PRO (refer to section NETATMO
PRO), to the data processed in connection with the use of the
Products(see sections WEATHER Mobile Application, ENERGY Mobile
Application, AIR CARE Mobile Application, SECURITY Mobile Application
except for biometric data that remains locally on the Product)
3. Our marketing teams have, for the purpose of achieving their mission,
access to: customer account data (email address) (see section ACCOUNT
CREATION), information collected by advertising cookies and measures
(see section Browsing Our Website And Using Our Internet Applications),
the history of your purchases (see section Making A Purchase On Our
E-shop), other possible data while purchasing online (eg anniversary
date see Direct Marketing by E-mail), data collected as part of
analytic profiling (refer to section In-App Communications and Push
Notifications), data collected by our advertising identifiers (see
section Cookies and Similar Technologies Used On Our Mobile
Applications)
4. Our online sales teams have access, for the purpose of carrying out
their missions, to data transmitted by third-party cookies aimed at
improving navigation, functionalities and user experience of the
Website (consult section Browsing Our Website And Using Our Internet
Applications)
5. Our sales administration teams have access, for the purpose of carrying
out their missions, to the data collected during online purchases (see
section Making A Purchase On Our E-shop)
6. Our sales teams have access to NETATMO PRO account data for the
purposes of carrying out their assignments (see section NETATMO PRO)
2. The service provider MICROSOFT AZURE, whose data centers are located in the
Netherlands, responsible for hosting the NETATMO’s cloud architecture
hosting all the data related to the Products and associated Services;
3. The service provider CROC, whose data centers are located in Russia,
responsible for hosting Russian user emails to be compliant with Russian
Regulation;
4. The service provider ONLINE, established in France, responsible for hosting
historical product data;
5. The service provider OVH, established in France, responsible for hosting
NETATMO’s backups;
6. The service provider Mailchimp, established in the United States of
America, hosting the data related to NETATMO PRO accounts. We also inform
you that Mailchimp benefits from a “Privacy Shield” certificate and that
any transfer of your data towards the United States of America will take
place under security and privacy conditions which are considered adequate
according to European legislation.
7. When making a purchase on Our E-shop, the service provider STRIPE,
established in Ireland, is in charge of payment execution;
8. AMAZON WEB SERVICE, established in Ireland, and in charge of hosting web
applications;
9. The service provider ADOBE SYSTEMS SOFTWARE IRELAND LIMITED, established in
Ireland, for the purpose of sending you direct marketing communications
where applicable.;
10. The service provider ZENDESK, whose data centers are located in Germany,
for Customer Support Service purposes. We also inform you that Zendesk
benefits from a “Privacy Shield” certificate and that We have put the
Standard Contractual Clauses of the European Commission in place to
organize the transfer of your data towards the United States of America
under security and privacy conditions which are considered adequate
according to European legislation;
11. The platforms and social media: Facebook, Instagram, Twitter, LinkedIn and
YouTube insofar as they have access to your browsing history on Our Website
and Mobile Applications should you consent to such access. We also inform
you that such platforms and social media benefit from a “Privacy Shield”
certificate and as such, any potential transfer of your data for hosting
and further processing purposes in the United States of America will take
place under security and privacy conditions which are considered adequate
according to European legislation. To learn more, please consult Our
Cookies and Similar Technologies Used On Our Mobile Applications sections.
Subject to your express consent, you may also decide to share your Personal
Data or Measurements on other platforms such as social networking websites
for example. In this case, you recognize that We do not own and have no
control over these Third-party Partner Service Providers and that We are
not responsible for data processing performed by these Third-party Service
Providers. To learn more about the manner in which these Third-party
Partner Service Providers process your Personal Data, We advise you to
consult their applicable privacy policies.
12. GOOGLE insofar as they have access to data relating to your browsing
history when you confirm your agreement upon arrival on Our Website and
Mobile Applications. We inform you that Google benefits from a “Privacy
Shield” certificate and as such, any potential transfer of your data for
hosting purposes in the United States will take place under security and
privacy conditions which are considered adequate according to European
legislation. For further information, please consult Our Cookies and
Similar Technologies used on Our Mobile Applications sections.
We inform you that the aforementioned Data Recipients are bound by an obligation
of confidentiality and may only process your data in compliance with Our
contractual provisions and the applicable legislation.
1. You may decide to make your Personal Data or Measurements publicly available
to other users and third parties on the Website.
2. You may also decide to invite other user(s) to control the Products that
have been installed in your Home. To do so, your guests will be required to
create their own personal account. For more information on such invitations,
please consult Our Help center on Our Website.
3. NETATMO may also be required to share your Personal Data if and when it is
necessary in order to protect the vital interests of the data subject or of
another natural person, if it is necessary for compliance with a legal
obligation to which It is subject or for the establishment, exercise or
defense of legal claims.
Data Analysis: NETATMO can conduct Data Analysis on the Measurements collected
by Its Products. Such data will be rendered anonymous before any further use.
NETATMO may then share this anonymized data with advertisers, researchers,
business partners, publications, and other third parties for the purpose of
performing statistics studies.
DATA SECURITY
NETATMO implements adequate physical, electronic and administrative protection
measures that comply with the regulations to protect your Personal Data in
particular from accidental or unlawful destruction, loss, alteration,
unauthorized disclosure of, or access to personal data transmitted, stored or
otherwise processed.
However, NETATMO would like to draw the users' attention to the potential risks
in terms of data confidentiality linked to Internet use. It is the
responsibility of the user to set up or ensure the use of a personal secured
computer network, as well as to ensure a correct technical configuration of the
connection box connected to your Internet service provider and of other devices
such as radio access equipment (e.g. WIFI, 4G, etc.). Therefore, you should take
special care in deciding what information you send to Us via e-mail and/or
Internet transmission. Please keep this in mind when disclosing any Personal
Data through the Website.
UNDER EIGHTEEN
When offering information society services NETATMO does not target minors under
the age of 18 as a user group.
NETATMO does not knowingly gather or use any personal information from children
under 18. If information is gathered concerning a minor, the minor’s legal
representative has the possibility to contact the DPO of NETATMO at
privacy@netatmo.com in order to access, rectify, modify or delete this
information (see section EXERCISE OF USERS' RIGHTS for more information).
However, access to the Services is not confined solely to adults as it contains
no content prohibited for persons under the age of 18. The Services does not
intentionally collect or use personal information relating to persons under the
age of 18
EXERCISE OF USERS' RIGHTS
To keep your Personal Data accurate, current, and complete, please visit the My
Account section of the Site. You may also contact Us as specified below.
We remind you that you have a right to access, rectify or delete your personal
data. You can request that their processing be restricted or object to them
being processed. When We rely on your consent to perform a particular
processing, you can withdraw such consent at any time.
If you request the erasure, or object to the processing of data necessary to the
performance of Our Services and/or specified as mandatory, you will no longer be
able to use the Services, as they require the processing of these data to
operate.
When a processing is carried out by automated means and based either on consent
or on contract, you have the right to request the personal data that you
provided to Us in an easily accessible format (portability right).
You may exercise your rights at any time, subject to the production of valid
supporting documents, by sending your request to NETATMO’s Data Protection
Officer at privacy@netatmo.com.
Your request will be processed within one month of receipt. If necessary, this
period can be extended by two months, in view of the complexity and the number
of requests. In this case, you will be informed of this extension and its
reasons within one month of receipt of the request.
No payment will be required for the exercise of your rights except in case of
manifestly unfounded or excessive demand. In this case, NETATMO further reserves
the right to not respond to your request.
You also have the right to define guidelines for the fate of your data after
your death.
In the event you remain dissatisfied with Our response, We remind you that you
have the right to lodge a complaint with the French data protection authority,
Commission Nationale de l’Informatique et des Libertés (CNIL):
https://www.cnil.fr/
AMENDMENT TO THIS DOCUMENT
The legislation may change, Our Website and other Services may evolve, We may
rely on new service providers. As a result, NETATMO may need to make some
changes to this Privacy Policy and reserves the right to update it or modify it
at any time.
This Privacy Policy may be viewed on Our Website at any time.
ADDITIONAL CONDITIONS
Your access to and use of the NETATMO Services through the Websites are subject
to their Terms of Use, available at https://www.netatmo.com.
DEFINITIONS
GDPR: General Data Protection Regulation
DPO: Data Protection Officer
Data Subject: an identified or identifiable natural person. In this Privacy
Policy: an end user/ customer
Data Controller: 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
Data Processor: a natural or legal person, public authority, agency or other
body which processes personal data on behalf of the controller
Data Recipient: a natural or legal person, public authority, agency or another
body, to which the personal data are disclosed, whether a third party or not
Personal Data: any information relating to an identified or identifiable natural
person