Use terms and conditions for ProAir App
Date: November 2023
ProAir App (”APP”) is managed by Tecnosystemi, with registered office in Via dell’Industria, 2/4 in Vittorio Veneto, VAT N° 02535780247 (“Tecnosystemi”, “we”, “us”).
PLEASE CAREFULLY READ THE USE TERMS AND CONDITIONS OF THE WEBSITE BELOW (“T&Cs”) BEFORE BROWSING THE WEBSITE.
These T&Cs shall apply once you (hereinafter “User”) you log into the App after registration, so as to use the App and the relevant Services, as defined below.
Therefore, when registering in the App you will be required to accept these T&Cs (“Acceptance”). Failure to Accept means you will not be able to use the App and the Services.
We reserve the right to fully or partially periodically change or update these T&Cs at our own discretion. We will always publish the updated version of these T&Cs in the App and we will indicate the date of “Latest update” so that it reflects the date of changes. Please read these T&Cs periodically to take note of any changes made by us, which are binding for you. At your first access, after a significant change has been made to the T&Cs, you will be once again requested to Accept an updated version of the T&Cs. Failure to accept the reviewed T&Cs, means you will not be able to use the App and the Services.
1. Accessing the App, registration and subscription to Services
1.1 The App is a versatile interface designed to offer full control of the Tecnosystemi’s PROAIR MULTIZONE system installed in a building. The App is compatible with the ProAIR systems provided with a POLARIS 3X - 4X - 5X control unit available at www.tecnosystemi.com. After registering your specific account, the App will allow you to manage air channelling systems, heating and air conditioning from anywhere and at any time. In particular, through the PROAIR MULTIZONE system control systems (hereinafter “Services”), you will be able to:
- switch on/switch off the thermoregulation system.
- Set the operating mode of the system.
- Monitor the room temperature of each zone.
- Define the temperature desired for each zone.
- Enable/switch off individual zones.
- Regulate the air flow rate of the individual nozzles by zone.
- Change the speed of the fancoil of the zone.
- Adjust the opening/closing of the valves for the underfloor system.
- Define time ranges for each zone (until 4 per day) and relevant desired temperatures.
- Monitor the operating condition of the system and receive notifications in the event of malfunctions.
- Rename the devices and controlled zones.
- Carry out guided installation and updates on the devices.
- Carry out remote or local control.
1.2. You are compelled to take all measures required to allow you to download the App. You must register in the App for you to be able to access the Services, using an email address and a password (“Account information”). You must maintain the confidentiality and security of your account information. In addition, you accept exclusively take the risk for all activities carried out relating thereto (including the activities of people who access the App using your account information). Please notify us should you suspect or be aware of any unauthorised use of your account information. Any information and data submitted by you to us must be accurate, true and up to date.
1.2. Services are generally not intended for underage users or adults under guardianship. If you are still underage or under guardianship, please do not use the App, do not register, and do not use the Services. Should we learn that you do not meet the age requirements (or that you submitted a false statement on your age when registering), we will delete your registration and cease providing the Services in question with immediate effect. We would like to notify parents and guardians of children or adults under guardianship using the App that it is important that they inform the minors or adults under guardianship in question, depending on the case, of the online security requirements and of the potential risks.
2. Privacy notice and cookie policy
2.1 Our privacy notice governs the use and processing of personal data that we collect or that is submitted to us by you through the App. Before uploading or submitting any personal data in this App, please carefully read the Privacy notice available here
2.2 The App does not use cookies to monitor browsing preferences.
3. Using the App
3.1 By using the App you undertake not to:
- submit false or otherwise misleading information or use another person’s identity;
- use the account of any other person without the account owner's permission;
- use the App in any way that could disable or damage the App, jeopardising the availability or accessibility of the App or reducing the efficiency of the App;
- circumvent or try to circumvent the security measures of the App and tamper with the technology on which the App is based;
- acquire or try to acquire any information, material or document not intentionally provided by the App through any means (such as personal data, financial information, confidential information or sensitive information of another type);
- breach any applicable law;
- use the App for unlawful purposes or in ways that could result in breaching third party rights;
- upload, publish or submit in another manner through the App any content that:
o is misleading, harmful, threatening, improper, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, calumnious, inappropriate from a racial, ethical, religious point of view or other points of view;
o creates grounds for unauthorised disclosure of personal data or confidential information;
o breaches intellectual property rights of any individual;
o contains viruses or other forms of malware.
3.2 We reserve the right to delete your registration, and/or block your account and/or decline, limit, suspend or revoke your access to the App and to the Services at any time, without notice and without responsibilities towards you, if by using the App you breach any of its obligations pursuant to these T&Cs or any other provision under these T&Cs, without prejudice to any other remedy at our disposal pursuant to the applicable law and these T&Cs.
4. Intellectual property rights
4.1 The App and all the information and the materials included in the latter, including design, layout, look, appearance, graphics, organisation of the content of the App, photographs, images, illustrations, text, font, videos, music, sound, audio clip, logos, trademarks - registered or not registered , figurative or not figurative - all other marks, service marks, trade names, business or company names, domain names and URLs, software (“Content”) are owned by us and are protected by applicable copyright, trademarks, patent laws or other intellectual property laws worldwide. We reserve all the rights listed above.
4.2 Any use not explicitly permitted under these T&Cs is forbidden. Unauthorised use of the App or its content could result in breach of applicable intellectual property laws or other laws.
5. “AS IS” and “AS AVAILABLE” disclaimer
5.1 The App and the Services are provided as they are, without any guarantee of good operation. Therefore, Tecnosystemi is not obliged to issue any update and is not compelled to remove any programming defects relating to the App or the Service.
Tecnosystemi undertakes to take any reasonable measures to maintain the accessibility and functionalities of the App and of the Services, without guaranteeing constant, ceaseless and secure access thereto. Therefore, Tecnosystemi shall not be held liable for any delay or dysfunction in accessing or using the App and/or the Service.
5.2 The user acknowledges that access to the App and use of the Services may be occasionally impeded for operations relating to repair, maintenance or introduction of new tools, functionalities or services. In these cases, Tecnosystemi undertakes to restore access to the App and to the Service as soon as this is reasonably possible.
5.3 To the extent allowed by the applicable law, Tecnosystemi does not offer any guarantee or commitment, and does not issue any statement to the effect that the App and/or Services will meet the User’s expectations, achieve the results expected by the User, will be compatible or will operate with any other software, application, system or service, will work ceaselessly, will meet any performance or reliability standard or will be error-free or that any error or defect may or will be corrected or that the App, its servers and the Services are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
6. Limitation of liability
6.1 By accepting, the User:
(i) states and guarantees that all the data submitted by him/her are correct, accurate and appropriate to prove the identity of the User;
(ii) understands that he/she cannot use data belonging to another person with the aim of using the identity thereof;
(iii) takes responsibility for the correctness and truthfulness of the personal information submitted when registering for and using the Services and undertakes to hold Tecnosystemi harmless and indemnified from any claim for damages, payment for compensation and/or penalties stemming from and/or in any manner related to breach the obligation of truthfulness and completeness of the submitted information by the User;
(Iv) also takes the responsibility for any action taken through the Services, both directly and through third parties authorised by the User;
(v) understands that he/she can use the Services solely and exclusively for lawful purposes. Therefore, breach, or attempted breach of the security of the App and of the Services by the User is prohibited;
(vi) takes responsibility for improper use of the Services and that, in this case, Tecnosystemi has the right to suspend it at any time and without notice should the aforementioned use result in damage or disruption to third parties or breach these T&Cs.
7. Applicable law and Jurisdiction
7.1 These T&Cs are governed under the laws of Italy.
7.2 Any dispute arising from the interpretation, conclusion, application, implementation of the Service and/or of the T&Cs shall be exclusively brought before the court of the consumer, pursuant to the Italian Legislative Decree n° 206 dated 6 September 2005.
8. General provisions
Any invalidity or non-applicability of any of the clauses contained in the T&Cs shall not invalidate others, which will remain fully valid and effective; the provision declared invalid or not applicable shall be deemed unenforced. Should Tecnosystemi delay in exercising or fail to exercise its due rights, this shall not be deemed as waiver of these rights. In addition, partially exercising the right shall not preclude the full exercise thereof or the exercise of any other right in future.
9. Contacts
For any queries relating to these T&Cs, App and Services, please contact using one of the methods below:
- By mail: Tecnosystemi S.p.A. Società Benefit Via dell’Industria, 2/4 – 31029 Vittorio Veneto TV
- By calling 0438 500044
- By email to info@tecnosystemi.com
Privacy Policy
In compliance with Legislative Decree. 30 June 2003, no. 196 as amended (“Privacy Code”) and with the European Regulation no. 679 of 2016 (the “Privacy Regulation”), Tecnosystemi S.p.A. Società Benefit wishes to inform you and all users of the “ProAIR Multi-Zone Control System” app (respectively referred to as the “Users” and the “App”), regarding the use of personal data collected through the same App.
1. Data Controller and Data Processors
The personal Data Controller is Tecnosystemi S.p.A. Società Benefit], with registered office in Vittorio Veneto, Via dell’Industria 2/4, VAT number 02535780247, e-mail info@tecnosystemi.com (hereinafter referred to as the “Controller”).
The updated list of designated Data Processors can be provided upon Users’ request at the email info@tecnosystemi.com
2. Personal Data Processed
2.1 Information collected automatically by the App
Our App uses log files, in which information collected automatically during your visits is stored. Indeed, the computer systems and software procedures which operate the App automatically acquire some information during use, whose transmission is implicit in the use of Internet communication protocols. To access the App and browse it, the information collected is as follows:
This information is processed in an automated form and collected exclusively in aggregate form in order to verify the correct functioning of the App.
2.2 Information provided by you to use the App
The information necessary to use the App and access the services offered and requested therein (e.g. newsletter, activation of the control and command of the air conditioning systems) are the common identification and contact data relating to the last setting of the air conditioning system.
3. Purpose of the processing
We need your data to allow you to:
- proceed with registration and access the App to exploit the related functions;
- receive the newsletter as you requested.
Your data is processed for the following purposes:
(i) compliance with legal obligations;
(ii) to carry out the technical management of the App;
(iii) to access the App to activate the control and command of the air conditioning systems;
The data provided by you will be processed mainly with IT tools and under the authority of the Data Controller, by people specifically designated, authorised and trained to carry out the processing, pursuant to articles 29 of the Privacy Regulation and 2-quaterdecies of the Privacy Code. We inform you that suitable security measures are complied with also pursuant to articles 5 and 32 of the Privacy Regulation to prevent data loss, illegitimate or incorrect use and unauthorised access.
4. Nature of the provision of data and legal basis of the processing
For the purposes referred to in points (i), (ii) and (iii) of art. 3 above, the provision of your personal data is necessary, as without it you will not be able to use the services offered by the App. Consequently, for the purposes referred to in point (i) the legal basis of the processing is the fulfilment of legal obligations, in compliance with art. 6 paragraph 1, letter. c) of the Privacy Regulation, while for the purposes referred to in points (ii) and (iii) the legal basis of the processing is the performance of the services provided through the App and requested by you, in compliance with article 6, paragraph 1 , lit. b) of the Privacy Regulation.
5. To whom and in what context can we transmit your data
Your data may be communicated, within the EU, to external structures, subjects and companies (including consultants and service providers) used by the Data Controller for the management of the App and for carrying out activities that are related instrumental or consequent to the performance of the services offered through the App.
6. Your rights
Articles 15 et seq. of the Privacy Regulation give the data holder the right to obtain, under the conditions and within the limits established by art. 2-undecies of the Privacy Code and art. 12 of the Privacy Regulation:
confirmation of the existence or otherwise of personal data concerning them, even if not yet registered, and their communication in an intelligible form;
The data subject is also entitled:
To exercise your rights, you must send an email to info@tecnosystemi.com
7. Duration of Processing
Without prejudice to legal and judicial protection obligations, your personal data will be retained for a specific period, according to criteria based on the nature of the services provided. In particular, the data referred to in art. 2.1 will be processed for a period not exceeding 7 days, while the personal data referred to in art. 2.2 and that is processed for registration and access to the services provided through the App will be processed until the User uninstalls the App and stored for a period not exceeding 6 months. Please note that the data relating to the air conditioning settings will be retained for the aforementioned period only with regard to the last setting entered.
As to the newsletter service, personal data will be processed until the User exercises the right to unsubscribe from the newsletter by revoking the consent given.
8. Security measures
Through the App, your data is processed in compliance with applicable law and using adequate security measures in compliance with the legislation in force also pursuant to articles 5 and 32 of the Privacy Regulation.
In this regard, we confirm, among other things, the implementation of appropriate security measures aimed at preventing unauthorised access, theft, disclosure, modification or unauthorised destruction of your data.
9. Changes to the Privacy Policy
The Controller reserves the right to make changes to this Privacy Policy. In this case, you will be promptly informed when you use the App again.