Gewiss S.p.A. (hereinafter “Gewiss”), as Data Controller, hereby wishes to inform you about the purposes and methods of processing of your data in relation to use of the I.CON MANAGER application (hereinafter “App”) which allows you to set up and maintain your charging station.
This document has been prepared in accordance with Article 13 of European Regulation no. 2016/679 on the protection of individuals with regard to the processing of personal data (hereinafter "GDPR"), and taking into account the recommendations and clarifications provided by the Working Party Article 29 in "Opinion no. 2/2013 on applications for smart devices," as well as the "Guidelines on transparency under Regulation 2016/679" (WP260 rev. 01).
Gewiss shall process the following personal data that you have communicated or legitimately obtained (hereinafter "Personal Data"):
Registration data: Personal Data you provide (such as, for example, name, surname, email, address), necessary to complete registration for the App and to use its services.
App usage data: Personal Data collected when you use the App and which include:
depending on the model, electrical measurement data (e.g., energy, power, voltage) or consumption data (e.g., water) and related summary charts over time;
geolocation of the device you are using, i.e., data from mobile sensors generated by the movements or orientation of your device.
Gewiss will process the geolocation data of your device for activation of the app and to facilitate installation operations by qualified personnel.
Gewiss will process your Personal Data to achieve specific purposes and in the presence of a specific legal basis provided for by current legislation on personal data protection.
Below is a list of the purposes for which your Personal Data is processed by Gewiss and the legal basis for processing.
Personal Data Used: Registration and usage data of the App
Purpose of processing: Access and use of the App by the user
Legal basis of processing: Performance of a contract and legitimate interest
Personal Data Used: Registration and usage data of the App
Purpose of processing: Communications with you (e.g., if you contact Gewiss by e-mail or otherwise, we may use your Personal Information to answer questions or resolve problems)
Legal basis of processing: Performance of a contract and legitimate interest
The provision of your Personal Data is necessary in all cases where the processing takes place on the basis of a legal obligation or to perform a contract which you are a party to. If you refuse to do so, it may be impossible for Gewiss to carry out the purpose for which the Personal Data is collected.
On the other hand, the provision of your Personal Data is voluntary for pursuit of the additional purposes
indicated above. Failure to provide your consent in relation to these latter purposes will have no consequence on the conclusion of the contract. The obligatory or optional nature of provision will be specified on collection.
Your Personal Data will be reatined until you uninstall the I-CON Manager App.
Personal Data may be processed by external parties acting as data controllers such as, by way of example, qualified installers who intervene for activation of the app and subsequent maintenance and updating operations.
Personal Data may also be processed by trusted companies of Gewiss that, as duly instructed, perform hosting services or tasks of a technical nature on behalf of the latter, including the management and technical maintenance of the server where the data resides. These companies are appointed as data processors in accordance with Article 29 of the GDPR.
Personal Data will be processed within the European Union and stored on servers located within the European Union. Personal Data will be processed within the European Union and stored on servers located within the European Union. If for technical and/or operational reasons it is necessary to use entities located outside the European Union, or to transfer some of the data collected to systems managed in the cloud and located outside the European Union, the processing will be regulated in accordance with the provisions of Chapter V of the GDPR and authorized on the basis of specific decisions of the European Union. We will therefore take all necessary precautions to ensure the most complete protection of Personal Data. In particular, the transfer will be decided on the basis of decisions of the European Commission on the adequacy of the recipient third countries and on adequate guarantees of the recipient third party pursuant to Article 46 of the GDPR.
Personal Data may be processed only by employees of company departments responsible for pursuing the purposes indicated above, who have been expressly authorised to carry out processing and who have received adequate operating instructions.
In relation to the processing of Personal Data, you may ask Gewiss:
access to Personal Data concerning you;
their erasure;
rectification of inaccurate data;
completion of incomplete data;
restriction of processing in the cases provided for in Article 18 of the GDPR (in the following cases: (a) the data subject challenges the accuracy of the personal data, for as long as it is necessary for the controller to verify the accuracy of such personal data; (b) processing is unlawful and the data subject objects to the deletion of the personal data and requests instead that their use be restricted; (c) although the controller no longer needs them for the purposes of processing, personal data are necessary for the data subject to establish, exercise or defend a right in court; (d) the data subject has objected to processing pursuant to Article 21(1) pending verification of whether the legitimate reasons of the data controller override those of the data subject);
opposition to the processing of personal data in cases where the data controller has a legitimate interest (pursuant to Article 21 of the GDPR (the data subject has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her for the legitimate interest of the data controller. The Data Controller shall refrain from further processing personal data unless he proves the existence of legitimate reasons for processing that prevail over the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of a right in court);
to receive the data in a structured, commonly used and machine-readable format and, if technically feasible, to pass them on to another data controller without hindrance if the conditions for the exercise
of the right to portability under Article 20 of the GDPR are met (the processing is based on consent or contract and is carried out by automated means); - to revoke consent given at any time.
These rights can be exercised by sending a written communication to the address below or an e-mail to privacy@gewiss.com, as well as using the access tools available within the App.
Data subjects are also entitled to lodge a complaint with the competent supervisory authority in the Member State where they habitually reside or work or in the Member State where the alleged infringement has occurred.
Gewiss S.p.A., a company with sole shareholder, Via A. Volta, 1, 24069 Cenate Sotto Bergamo, Italy, VAt No. IT 00385040167, telephone number: +39 035 946 111; email address privacy@gewiss.com.
The DPO will be available at dpo@gewiss.com.
Gewiss reserves the right to update or change this Privacy Policy periodically and at any time. In such a case, Gewiss will provide you with a clearly visible notice which, depending on the circumstances, may for example be displayed within the App or sent by email. You are therefore advised to read these notices carefully.
These General Terms and Conditions regulate the use of the application, called I-CON MANAGER.
In these General Terms and Conditions, the terms listed below have the meaning that is specified for each of them as follows:
“Gewiss”: the company Gewiss S.p.A.;
“User”: the user or installer of the Charging Station;
“APP”: the software application called “I-CON Manager” for mobile devices used by the User to access and set up the Charging Station;
“Charging Stations”: the electric vehicle charging infrastructure of the Gewiss JOINON range;
“General Terms and Conditions”: the general terms and conditions of use indicated herein.
The APP allows you to set the operating parameters of the Charging Station and to perform updates of the firmware component.
In particular, by associating the APP with the individual Charging Station, the User can access the following functionalities:
customisation of information related to the Charging Station (installation address, group creation, etc.);
search for the desired Charging Station from the overall list using filters;
monitoring and management of the charging process;
display of the charging log;
modification of the charging station usage settings;
monitoring of the Charging Station status;
display of any errors and their meaning;
support request;
verification of availability of firmware updates with subsequent download and installation.
The APP and related services are provided for an indefinite period.
Gewiss may modify, suspend or discontinue the services at any time without notice. In any case, Gewiss shall not be liable to the User or any third party if the User decides to exercise this right.
The User must associate the APP with the individual Charging Station via Bluetooth connection, using the corresponding codes indicated on the Charging Station and on the information documentation supplied with the product.
The User undertakes to implement and maintain all appropriate measures to safeguard the association codes; Gewiss does not accept any liability in relation to direct or indirect damages that are the direct or indirect consequence of improper and unauthorised use of the codes.
Should the codes be lost, the User must contact Gewiss through the notification service available in the APP.
Gewiss does not collect and process any personal data of the User, of whom no registration is required.
All intellectual property rights and all copyrights relating to the APP, including but not limited to the rights relating to know-how, source code, software, projects, applications, patents, trade secrets, formulas, algorithms, models, graphics and databases, are and remain the property of Gewiss and the persons for which it is the legitimate licensee.
The APP is the property of Gewiss and is protected by the laws and rules on intellectual property and copyright, as well as by the relevant Community rules and international treaties, where applicable.
The granting of a licence for the use of the APP by Gewiss to the User does not imply the assignment or recognition of any right in favour of the User or any other party, except as expressly provided herein. It is therefore understood that the User may not copy, modify, sell, assign, license, confer, transfer or create derivative works from any of Gewiss' rights, or allow any third party to do so through the User.
The APP is provided "as is" and "as available", without any express or implied warranty. By way of example, Gewiss does not offer any guarantee that the APP will meet the requirements required and/or expected by the User or that the APP will always function, without interruptions, delays or imperfections, or that the APP will be convenient, safe or error-free. Moreover, Gewiss does not offer any guarantee as to the results expected from or obtained with the use of the APP.
The User is aware that use of the APP is at the latter's sole risk. Gewiss does not accept any liability for any claims of the User relating to the inability to use the APP, for any reason whatsoever. Gewiss also does not accept any liability for damages, claims or losses, whether direct or indirect, incurred by the User as a result of the failure and/or defective operation of the APP, the Charging Station, the User’s own electronic equipment or that of third parties.
Gewiss shall not be held in breach of its obligations, or liable for damages resulting from failure to access the APP, its interruption, also definitive, or caused by the incorrect or non-functioning of the electronic means of communication for reasons beyond its control.
Gewiss cannot, in any case, be held liable for any type of direct or indirect damage caused to the User or to third parties: (i) by use of, or impossibility to use, the APP; (ii) by any interruption, also definitive, of the functioning of the APP; (iii) by unauthorised access or by alteration in the transmissions of the User's data caused by the APP, including, among other things, any damage, also of a financial nature, incurred by the User for loss of profit, use, data or other intangible items.
Gewiss shall not be held liable for any incompatibility of the APP with any device or for any problems or inability to proceed with the download of the APP.
Gewiss is under no obligation to continue to develop, manufacture, support, repair, eliminate any faults, defects or otherwise, offer and/or continue in any way to develop the APP, nor to carry out any activity in relation to the APP.
Gewiss is under no obligation to provide technical or other assistance in connection with the use of the APP.
The APP is owned and managed by:
GEWISS S.p.A., a company with sole shareholder, with registered office in via A. Volta, 1 - 24069 Cenate Sotto (BG), taxpayer’s ID code, VAT number and registration number in the Bergamo Register of Companies no. 00385040167, website www.gewiss.com.
Gewiss may change the terms and conditions of the contractual documents of the APP at any time without notice. Gewiss will notify the User of such changes through the APP itself. Continued use of the APP will constitute acceptance of the modified terms and conditions.
These General Terms and Conditions, as well as any relationship relating to the APP, are governed by Italian law.
Should any of the provisions of these General Terms and Conditions be invalid, ineffective or unenforceable for any reason, this shall not affect the validity of the other provisions.