General terms and conditions

General terms and conditions of use – Cozytouch

THERMOR, ATLANTIC, and EDESA are brand names of GROUPE ATLANTIC.

The use of the COZYTOUCH application (“the Application”) is governed by these general terms and conditions of use. Any individual or entity (“the User”) who accesses the Application and its content for any reason is automatically, fully and unreservedly bound by these terms and conditions. Simply navigating in or using the Application implies full acceptance of these terms and conditions.

GROUPE ATLANTIC, which provides the Application, reserves the right to change these terms and conditions of use at any time at its sole discretion, without notice. Any changes to these terms and conditions will come into effect when they are put online.

Access to the Application may be interrupted, suspended or changed at any time without notice for maintenance or any other reason. The User undertakes not to claim any compensation following any interruption or suspension or change to these terms and conditions.

Protecting your privacy and personal data is also one of our key concerns.

As the Application enables Users to control GROUPE ATLANTIC products via their mobile devices, these terms and conditions also describe the information that GROUPE ATLANTIC collects and hosts, and explain what use is made of the information collected as a result of the use of the Application.

Responsible Publisher

In accordance with these general terms and conditions, this Application is provided by:

Atlantic Société Française de Développement Thermique

44 boulevard des Etats-Unis, 85 000 La Roche Sur Yon, France

Hereafter referred to as “GROUPE ATLANTIC”

GROUPE ATLANTIC is also the personal data controller and defines for what purpose and how your personal data are used.

Vigilance and personal safety

IN ORDER TO PROTECT YOUR IDENTITY IN THE APPLICATION, GROUPE ATLANTIC STRONGLY RECOMMENDS THAT YOU KEEP YOUR PASSWORD COMPLETELY CONFIDENTIAL AND USE A PASSWORD THAT IS DIFFICULT TO GUESS (FOR EXAMPLE, A PASSWORD THAT CONTAINS BOTH LETTERS AND NUMBERS AND IS NOT SIMILAR TO YOUR USER NAME IN ANY WAY). GROUPE ATLANTIC WILL NEVER CONTACT YOU TO ASK YOU FOR YOUR PASSWORD.

Your responsibilities, declarations, agreements, and consent

Each user of the Application:

undertakes to comply with these general terms and conditions and the laws and regulations in force during his or her use of the Application,
is fully responsible for checking the information that he or she gives on the Application,
is fully responsible for the direct or indirect consequences, of any nature, of the use of the Application.

Each User holds GROUPE ATLANTIC harmless from all and any complaints, claims, actions and/or demands to which GROUPE ATLANTIC might be subject due to the breach of any one of the provisions of these general terms and conditions and undertakes to indemnify GROUPE ATLANTIC against any loss that it might suffer and to pay all costs, expenses and/or penalties that it might incur as a result, including its legal fees.

The User is hereby informed and accepts that, in the event of the breach of any one of the provisions of these general terms and condition or infringement of the laws and regulations in force, GROUPE ATLANTIC reserves the right to:

suspend or terminate the User’s access to the Application,
take all appropriate measures and bring any legal action,
if applicable, alert the competent authorities, cooperate with them and provide them with all information relevant to identifying and punishing illegal or illicit activities,
delete his or her COZYTOUCH account if the user leaves the home to which the account is linked.

Prohibited actions and behavior

Accessing or attempting to access another User’s account is prohibited. Similarly, opening a COZYTOUCH account for a home that you do not occupy is prohibited, insofar as you would access third-party personal data.

Using the Application in a way that infringes the laws and regulations in force, particularly copyright, trademarks, trade secrets or any other intellectual property right belonging to GROUPE ATLANTIC or third parties or that breaches the privacy (including personal data) or any other personal right of a third party, is prohibited.

Breaching or attempting to breach the security of the Application, testing the technical vulnerability of the Application or attempting to disrupt access to the Application or the services offered in the Application, is prohibited.

Using software intended to change the appearance of the Application is prohibited.

Rights, commitments, guarantees, and responsibilities of the Company

GROUPE ATLANTIC strives to provide information that is as accurate as possible on the Application. However, it cannot be held responsible for omissions, inaccuracies, and shortcomings of the Application.

All of the information given on the Application is for guidance only and is subject to change. Furthermore, the information given on the Application is not exhaustive. It is given subject to any changes made since it was put online.

GROUPE ATLANTIC takes no responsibility for the direct or indirect consequences, of any nature, of the use of the Application. In particular, it is hereby specified that consumption data is estimated only. GROUPE ATLANTIC cannot be held responsible for any inaccuracy of these estimates.

GROUPE ATLANTIC takes no responsibility regarding any costs incurred for using the Application (Internet connection, telephone expenses, etc.).

GROUPE ATLANTIC reserves the right, without notice and at its sole discretion, to close, ban, change or delete the account of one or more Users and to limit and/or prohibit access to the Application by one or more Users.

GROUPE ATLANTIC does not guarantee that the Application is completely effective or secure and takes no responsibility regarding any damage, loss or any other consequence caused by problems relating to the effectiveness or security of the Application. GROUPE ATLANTIC takes no responsibility regarding any problem or reason attributable or not attributable to GROUPE ATLANTIC that makes navigating in the Application difficult, fully or partially prevents access to the Application or enables one or more ill-intentioned Users to access the personal information or account(s) of one or more Users.

GROUPE ATLANTIC reserves the right to temporarily or permanently close the Application at any time without notice, at its sole discretion, and takes no responsibility regarding the direct or indirect consequences caused by closures of the Application.

Intellectual Property

The marks, logos, and signs of the Application are protected by the French Intellectual Property Code and more particularly by copyright.

The sale, modification, reproduction, copying, distribution or any other use of the content of the Application for public or commercial purposes is prohibited without GROUPE ATLANTIC’s express permission.

The use of the content of the Application on another web site or Intranet for any purpose or reason is prohibited without GROUPE ATLANTIC’s prior written permission.

Privacy and confidentiality

What personal data is collected?

GROUPE ATLANTIC collects the following information:

Information relating to creating the customer account
Information from the devices connected to the COZYTOUCH account

Information relating to creating the customer account

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

email;
postal address;
the specifications of your home (surface area, energy source used, etc.).

This information will then be incorporated into your profile, which you can access using the login and password that you have entered.

The information entered has two purposes:

the operation of the COZYTOUCH features, such as for example displaying data about the weather or air quality in your town;
understanding the environment in which Edesa, Atlantic and Thermor brand products are used, enabling us to improve their thermal performance and the features of the application.

Information from the devices connected to the Cozytouch account

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

the temperature of your home;
your estimated energy consumption;
the settings of the connected devices (on/off function, temperature setpoints, heating schedules, etc.);
the geolocation data from your mobile phone.

This information, which you can view, is necessary to enable you to use COZYTOUCH‘s various features and to optimize your thermal comfort by accessing the different functions of your Edesa, Atlantic and Thermor devices.

You can choose whether or not to activate certain features.

What are your rights over your personal data?

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

to request that the processed data concerning you is erased from our files. If you exercise your right to be forgotten, and you have access to a customer area on a web site, this access will then be suspended as your login will be erased from our files. We cannot erase your data while you have an order outstanding or a dispute exists between you and us or, more generally, while we need your data to perform a contract or fulfill one of our obligations;

to object to the collection and processing of data concerning you when they are not strictly necessary;
to access the data collected concerning you and receive them in a commonly used machine-readable format;
to obtain the rectification of the data concerning you;
to request restriction of the processing of the data concerning you – for example by refusing any use for canvassing purposes.

These rights can be exercised by contacting us:

By email: dpo@groupe-atlantic.com
By post (with a copy of your identification document if you are exercising your rights) at the following address:

GROUPE ATLANTIC

A l’attention du délégué à la protection des données (DPO)

44 boulevard des Etats-Unis

85000 La Roche-sur-Yon

FRANCE

You also have the right to lodge a complaint with a supervisory authority and seek a judicial remedy, particularly if no action has been taken on your requests to exercise your rights within a period of one month after they were made.

How long do we retain your data for?

The personal data in your profile will be retained until the COZYTOUCH account is deleted. After the deletion of the account, we only store the operating information from the products that have been paired with the COZYTOUCH bridge, known as technical information.

The technical information is anonymized and retained indefinitely in order to (i) ensure continuity of service when an account is created again using the number of the COZYTOUCH bridge and (ii) enable us to improve the operation of our devices.

Where do we store your personal data?

The processing of personal data by GROUPE ATLANTIC takes place in data centers hosted in the European Union.

If personal data is transferred to Groupe Atlantic companies or processors outside the European Union, GROUPE ATLANTIC undertakes to ensure that these recipients comply with the provisions of Regulation (EU) 2016/679.

What are our obligations regarding your personal data?

GROUPE ATLANTIC takes all reasonable measures necessary to protect the personal (or potentially personal) data processed against unauthorized access, use, modification or destruction.

We have undertakings relating to the security of our services and have put in place physical, administrative and technical measures aimed at preventing unauthorized access to your data. Our security policies cover security management for internal operations and our services. These policies govern all areas of security applicable to the services and apply to all GROUPE ATLANTIC employees, as well as our service providers and subcontractors who need to have access to this data.

If we establish that your data has been misappropriated or otherwise acquired erroneously by a third party, we will inform both you and the supervisory authority (CNIL in France) as soon as possible.

How is the information used?

Use of the data by GROUPE ATLANTIC

We only use your personal data for the purposes of running your COZYTOUCH account. We undertake never to sell them without your agreement.

With your consent when you create your account, we can use your email address to tell you about our offers, give you information about new features and products, ask for your opinion or simply keep you abreast of news and offers from GROUPE ATLANTIC brands. We can also send you information about Atlantic, Thermor and Edesa products or the COZYTOUCH application (new functions, tutorials, etc.).

If you no longer wish to receive this information, you can withdraw your consent by going to your personal COZYTOUCH area.

The other technical information relating in particular to your devices’ settings are used for analysis purposes, to improve our devices and the COZYTOUCH application, and to offer you innovative new services.

GROUPE ATLANTIC thus processes your personal data on the following legal bases:

when you have given us your consent for us to process your personal data, or
due to the legitimate interest that GROUPE ATLANTIC has in processing your personal data (if GROUPE ATLANTIC has an interest in processing your data that is justified, proportionate and does not interfere with your privacy) or
as part of the processing of personal data that is mandatory pursuant to legislation.

Partner services in the application

So that we can constantly offer you more features, we have developed “Partner services” in the COZYTOUCH application, which can be accessed from the application menu. This section lets you decide whether or not to activate the partner service yourself, and thus exchange data with the partner and accept its confidentiality charter.

How are personal data concerning minors collected?

Although GROUPE ATLANTIC does not seek to collect personal data concerning minors, some services may be used by minors. In this case, it is up to the parents or any person with parental responsibility to decide whether their minor child is permitted to use the GROUPE ATLANTIC services.

Jurisdiction

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

The French courts of the district in which the Company’s head office is located have sole jurisdiction to hear any dispute relating to these terms and conditions of use, including but not limited to their validity, interpretation, performance and/or termination and the consequences thereof.