Legal – OMNIE Underfloor Heating, Heat Pumps & Ventilation

Legal

OMNIE Home App – EEA PRIVACY POLICY

Privacy is important to OMNIE Heating Innovation, “we”, “us” and “our”). We are committed to protecting and respecting your privacy.
SCOPE OF POLICY

Our Privacy Policy (together with our end-user licence agreement as set out at https://eu.sc-smarthome.io/legal/terms explains how we collect, use, share and store information when you use our services to manage OMNIE home heating and related energy control products (the “Services”) by downloading our mobile application (“App”) onto your mobile telephone or handheld. This policy applies to users of our Services in the European Economic Area (“EEA”). Please read the following carefully to understand our views and practices regarding your Personal Information and how we will treat it.

For the purpose of the Data Protection Act 1998, the data controller is www.omnie.co.uk

INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following information about you:

We process certain information about you when you use our App and the web version of our Services (together ‘Our Sites”). Some of that information may enable you to be identified or otherwise comprise your personal data (“Personal Information”).
• first and last name;
• email address;
• street address;
• city, state and country of residence; and
• telephone number (optional).

As part of your use of the Services, we also receive information concerning your household’s home energy (heating and air conditioning) and electricity patterns and use.

USE OF YOUR PERSONAL INFORMATION

The purposes for which we may use your Personal Information include:

• To identify users and to reply to your questions and requests. For example, we will use your information to respond when you contact us.

• To provide the Services, including, as needed, to send important notices, such as home system alerts (when those alerts are offered as part of the Services), scheduled maintenance of, or changes to, the Services. Because this information is important to your relationship with us, you may not opt out of receiving these communications.

• To send you informational text (SMS/MMS) messages only if you specifically request us to provide them within the App settings and choose to provide us with your mobile telephone number.

• For internal purposes, such as auditing, data analytics and research to create, develop, operate, deliver and improve our Services, products, and customer communications.

COLLECTION AND USE OF ADDITIONAL INFORMATION

We also collect some statistical and technical information about your use of Our App and Services:

♣ Device Identifiers: OMNIE automatically collects an IP address or other unique identifier information (“Device Identifiers”) for the mobile device or computer (collectively, “Device”) you use to access the Services. A Device Identifier is a number that is automatically assigned to your Device when you access our servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier, among other things, to administer the Services, help diagnose problems with our servers and gather broad demographic information for aggregate use.

♣ Service Usage Information: OMNIE and its third-party service providers may use a variety of techniques that passively or automatically collect information about how our Services are accessed and used (“Usage Information”), including your Device type, browser type, operating system, application version and the extent to which you use the Services.

This technical and statistical information is typically anonymous but may either alone or with other data, identify you in certain circumstances. Where it does, we treat it as Personal Information.

COOKIES

A cookie is a small text file that is placed on your Device. Most interactive websites today use cookies in order to improve your user experience by enabling that website to ‘remember’ you, either for the duration of your visit (using something called a ‘session cookie’) or for repeat visits (using a ‘persistent cookie’ which lasts for longer periods of time).

Cookies can do lots of different jobs, like letting you navigate between pages more easily, storing your personal preferences for the website, and generally improving your experience of a website. Cookies may be set by the website you are visiting (‘first party cookies’) or they may be set by other websites who run content on the page you are viewing (‘third party cookies’) such as Google Analytics.

The table below explains the cookies we use and why.

Cookie
Name
Purpose
Login/Staying Logged In
OMNIE Home app
This cookie allows us to recognize that you are logged in and to keep you logged in, without storing your input information. If you choose “Keep Me Logged In” this cookie helps us remember who you are so you do not need to login again.
Site Optimization

We use website cookies to help minimize webpage response times and personalization features (such as language preferences).
Data Collection
OMNIE Home app
This cookie tells us if you have Data Collection turned on or off in your Profile so that we know whether to make the pages on the website or in the app available for your use.

It may be possible to disable some cookies through your Device or browser settings. Please note, however, that certain features of our Sites may not be available if cookies are disabled.

ONLINE TRACKING

We do not collect Personal Information about individual users’ online activities over time and across different websites or online services and therefore do not respond to Do Not Track (“DNT”) signals. Nor do we knowingly authorize third parties to collect Personal Information about individual users’ online activities over time and across different websites or online services.

WHERE WE STORE YOUR PERSONAL INFORMATION
The Personal Information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. These staff may be engaged in the fulfilment of your request or of the provision of support services. By submitting your Personal Information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to Our Sites; any transmission is at your own risk. Once we have received your Personal Information, we will use strict procedures and security features to try to prevent unauthorised access. All Personal Information from devices and users is encrypted using our own algorithms to ensure as much security as possible.

USES MADE OF THE INFORMATION
We use information held about you in the following ways:

Submitted Information: For user account registration.

Additional information: For user account registration.

Device information: For directing device communications to the associated account and to correct device.

Location information: For calculating correct time zones, and directing device communications to the associated account and to correct device.

Log information: For error reporting and logging.

Unique application numbers: For Internal operation of the application.

We may also use your Personal Information, or permit selected third parties to use your Personal Information, to assist you if you are having technical problems.

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
We may disclose your personal information in the following circumstances:

• With Our Third-Party Service Providers: We share Personal Information with third parties involved in the process of providing services to us or you or performing functions on our behalf. Those third parties are only permitted to use your Personal Information for the purpose for which it has been provided and may not disclose it to any other third party except at our express direction and in accordance with this Privacy Policy.

• To Protect Our Interests & Comply with the Law: It may be necessary – due to applicable law, legal process, litigation, or requests from public and governmental authorities within or outside your country of residence − for us to disclose your Personal Information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our Terms of Service or protect our operations or users. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

• Business Transfers: Additionally, in the event of a bankruptcy, reorganization, merger or sale of OMNIE or of substantially all of our assets, we may transfer any and all Personal Information we collect to the relevant third party.
ACCESS TO INFORMATION AND YOUR RIGHTS
The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act.

You may correct, update, or delete your information by accessing their profile settings page. You may also opt out at any time from the informational text (SMS/MMS) messages by changing your App settings.

CHANGES TO PRIVACY POLICY
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail or notifying you of a change when you next start the App or log onto one of the Services Sites. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services.

CONTACT
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to the customer.service@omnie.co.uk

OMNIE HOME Smartphone App End User Licence Agreement

End User Licence Agreement:

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.
This end-user licence agreement (“EULA”) is a legal agreement between you (“End-user” or “you”) OMNIE 18 Apple Ln, Sidmouth Rd, Exeter EX2 5GL. e-mail: customer.services@omnie.co.uk, (“Licensor”, “us” or “we”) that governs your access to and use of our services to manage OMNIE home heating and related energy control products (the “Services”) when you download our mobile application (“App”) onto your mobile telephone or handheld device. We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any app store provider (“Appstore”), when the End-user downloaded the App (“Appstore Rules”). We do not sell the App. We remain the owners of the App at all times.

Important notice:
• By downloading the App onto your mobile telephone or handheld device or by using the web version of the Services you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the privacy policy defined in condition 1.5 and limitations on liability in condition 7.
• If you do not agree to the terms of this licence, we will not license the App to you. If the App is already installed, you should not use it and uninstall it.
• As consumer, you have the right to withdraw from downloading the App without any reason.
• This does not affect your consumer rights for an app or documents that are defective.
• You must be a minimum of age 18 or the age of majority in your jurisdiction to register for the Services. By registering for and using the Services, you warrant that you are 18 or older and understand your obligations under these Terms.

You should print a copy of this EULA for future reference.

WHEREBY it is agreed as follows:
1. ACKNOWLEDGEMENTS
1.1 The terms of this EULA apply to the App or any of the Services accessible through the App including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by sending you a notice with details of the change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2.1 (“Devices”) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.5 The terms of our privacy policy from time to time, available at www.omnie.co.uk (“Privacy Policy”) are incorporated into this EULA by reference and apply to those Services that are not specified in condition 1.6 as having separate privacy policies. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.6 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.7 Certain Services including all aspects of functions associated with time, will make use of location data sent from the Devices. You can turn this functionality on and off at any time by using the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based services. You may withdraw this consent at any time by turning off the location services settings on your device.
1.8 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. GRANT AND SCOPE OF LICENCE AND YOUR ACCOUNT
2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
2.2 You may download or stream a copy of the App onto iPhone, iPod, iPad and Android compatible devices and to view, use and display the App on the Devices for your personal purposes only use the Documents for your personal purposes only.
2.3 To obtain access to the Services, you will be required to set up an account by providing your email address and designating a password When setting up an account with OMNIE you must: (a) provide true, accurate, current and complete information about yourself as requested by our registration form (such information being the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. OMNIE may deny approval for access to the Services or withdraw such approval at any time in its sole discretion, with or without cause.
2.4 Only users who have registered for an account may access the Services. All users must keep their passwords confidential and are responsible for selecting robust passwords that are not easily deciphered. We will not be liable for any loss or damage arising from any disclosure of your password and consequent unauthorized use of your account.
2.5 You must immediately notify OMNIE in writing if you become aware of any unauthorized use of your account or the Services. In the event of any such unauthorized use by any third party that obtained unauthorized access through you, you will take all steps necessary to terminate such unauthorized use. You will provide OMNIE with such cooperation and assistance related to any such unauthorized use as OMNIE may reasonably request.
3. LICENCE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by any local law, you agree:
3.1.1 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
3.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
3.1.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
3.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except on prior written notice to us and to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
3.1.4.1 is used only for the purpose of achieving inter-operability of the App with another software program;
3.1.4.2 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
3.1.4.3 is not used to create any software that is substantially similar to the App;
3.1.5 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
3.1.6 to include our copyright notice on all entire and partial copies you make of the App on any medium;
3.1.7 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
3.1.8 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (“Technology”), together “Licence Restrictions”.
4. ACCEPTABLE USE RESTRICTIONS
You must:
4.1.1 not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
4.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
4.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
4.1.4 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users or their Devices; and
4.1.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the App in source-code form.
5.3 As between OMNIE and you, OMNIE or its licensors own and reserve all rights, title and interests in and to the Services and all hardware, software and other items used to provide the Services, other than the rights explicitly granted to you to use the Services in accordance with these Terms. No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by OMNIE. In the event that you provide comments, suggestions or recommendations to OMNIE related to the Services (including, without limitation, regarding modifications, enhancements, improvements or other changes to the Services) (collectively, “Feedback”), you hereby grant to OMNIE a world-wide, royalty-free, irrevocable, perpetual license to use and otherwise incorporate any Feedback provided.
6. LIMITED WARRANTY AND SUPPORT
6.1 We warrant that:
6.1.1 the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and
6.1.2 that the Documents correctly describe the operation of the App in all material respects, when the App is downloaded or streamed to the Devices.
6.2 If on downloading, you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, we will investigate this.
6.3 The warranty does not apply:
6.3.1 if the defect or fault in the App or any Service results from you having amended the App;
6.3.2 if the defect or fault in the App results from you having used the App in contravention of the terms of this EULA;
6.3.3 if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
6.4 This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
6.5 We offer support between 9am and 5pm on weekdays. You may contact us by e-mail at customer.services@omnie.co.uk
Confirmed:

Customer Service Website: www.omnie.co.uk
Customer Service Phone: +44 (0) 1392 36 36 05
Customer Service email address: customer.services@omnie.co.uk

7. LIMITATION OF LIABILITY
7.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
7.2 Although the App and Documents may be used for commercial and business purposes, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition
7.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
7.4 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £1,000. This does not apply to the types of loss set out in condition 7.5.
7.5 Nothing in this EULA shall limit or exclude our liability for:
7.5.1 death or personal injury resulting from our negligence;
7.5.2 fraud or fraudulent misrepresentation; and
7.5.3 any other liability that cannot be excluded or limited by English law.
8. TERMINATION
8.1 We may terminate this EULA immediately by written notice to you:
8.1.1 if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
8.1.2 if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
8.1.3 we discover that you have copied or attempted to copy our App.
8.2 On termination for any reason:
8.2.1 all rights granted to you under this EULA shall cease;
8.2.2 you must immediately cease all activities authorised by this EULA, including your use of any Services;
8.2.3 you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so;
8.2.4 we may cease providing you with access to the Services.
9. COMMUNICATION BETWEEN US
9.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to OMNIE,18 Apple Ln, Sidmouth Rd, Exeter EX2 5GL. e-mail: customer.services@omnie.co.uk ATTENTION: Data Protection Officer and customer.services@omnie.co.uk we will confirm receipt of this by contacting you in writing, normally by e-mail.
9.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, [including failure of public or private telecommunications networks (“Event Outside Our Control”).
10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
10.2.1 our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
10.2.2 we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.]
11. OTHER IMPORTANT TERMS
11.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
11.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
11.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland
11.6 The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. Download is prohibited to persons located in Cuba, Iran, North Korea, Sudan and Syria. Moreover, without limitation, you may not download or use the software or Services if you are a person identified on any U.S. government list of prohibited persons, including the Specially Designated Nationals and Consolidated Sanctions Lists at https://www.treasury.gov/resource-center/sanctions/Pages/default.aspx.
11. 7 You represent and warrant that you are not in any prohibited destination or on any of those lists or under the control of or an agent for anyone on those lists or for the governments of those prohibited destinations.