Terms of use and privacy for connected appliances

Privacy Notice for Connected Appliances Services

We are delighted that you have shown interest in our home appliance connected to the Wi-Fi ("Connected Appliance"). Whirlpool Group (as defined below) takes your data protection rights very seriously and we are very committed to improving your customer experience in compliance with all applicable data protection laws and regulations. Please find below our Privacy Notice for Appliances Connected to the Wi-Fi Network, which explains the way we process your personal data.

When your Connected Appliance is connected to Whirlpool’s Connected Appliance network, it is capable of transmitting information to Whirlpool and providing you with services and notifications.
In addition, you may use software applications provided by Whirlpool (the "Application" or "Applications") on your mobile device to manage your Connected Appliance remotely and access associated functions and services. This Privacy Notice applies to your use of the Connected Appliance and the Applications (jointly, the "Connected Appliance Services").

In light of the above, Whirlpool Ireland Ltd, a company incorporated under the laws of Ireland, part of the Whirlpool Group ("Whirlpool Group"), having its registered office in Whirlpool House, Fonthill Industrial Park, Dublin 22, email: data_protection_emea@whirlpool.com ("Whirlpool", "us" or "we"), in its capacity as data controller, intends to provide individuals, including but not limited to the users ("Users", "you" or "your") with information concerning the methods used for collecting and processing your personal data for the purpose of using the Connected Appliance Services, in accordance, with the European General Data Protection Regulation no. 679/2016 ("Regulation") and any other applicable local laws and regulations.


INFORMATION WE COLLECT We collect (1) personal data that you have voluntarily shared with us, (2) information automatically collected from Whirlpool and (3) usage data.
We do not collect special categories of personal data relating to you (e.g., health or judhereal data).
For further information click here

HOW DO WE USE YOUR DATA The main reason why we collect data about you is to allow you to use the Connected Appliance Services, respond to requests and to interact with our services.

Only with your prior consent, we may also process your personal data to send you customized marketing communications including offers and discounts from us and from our trusted partners. For further information click here

ON WHAT GROUND DO WE USE YOUR DATA We use your data to allow you to use the Connected Appliance Services.
Your personal data is also collected to comply with legal obligations or to protect the legitimate interests of Whirlpool.
For further information click here

FOR HOW LONG WE RETAIN YOUR DATA We use your personal data for the period strictly necessary to achieve the intended purposes.
For further information click here

WHAT WE DO TO PROTECT YOUR DATA The security of your data is a priority for us. For this purpose, we have implemented adequate administrative, technical and physical measures designed to safeguard your personal data against loss, theft and unauthorized use, disclosure of modification.
For further information click here

WITH WHOM DO WE SHARE YOUR DATA We may share your data with (1) service providers, (2) our affiliated companies and (3) public authorities, when allowed by applicable laws.
Upon your prior consent, we may also share your personal data with our trusted partners for their marketing purposes.
For further information click here

TRANSFERS OF YOUR DATA OUTSIDE EEA Your data may be transferred to subjects located outside European Economic Area (EEA). In any case, we always make sure that appropriate and suitable safeguards compliant with the Regulation are implemented.
For further information click here

HOW CAN YOU CHANGE YOUR PREFERENCES AND SERVICE NOTIFICATIONS You can choose to modify your preferences, notifications or settings via your account in many ways and always at your will.
For further information click here

YOUR RIGHTS You have among others the right to access, integrate, update, amend and delete your personal data.
For further information click here

CONTACT US You can contact us at the following email address data_protection_emea@whirlpool.com. We may modify or update this Privacy Notice also in order to comply with applicable laws.


1. TYPE OF PERSONAL DATA PROCESSED

Whirlpool will process the following categories of data:


  1. Personal data directly provided to Whirlpool

    When you register your Connected Appliance, you provide Whirlpool with the following personal data: name, surname, address of residence and/or domicile, email address and mobile phone number.
    We assume that the personal data we collect and process for the purposes of this Notice actually comes from you, however we cannot exclude they may also be relevant to other individuals. In such cases, you are responsible for the provision of such data to us.


  2. Information Automatically Collected By Whirlpool

    Once you have registered your Connected Appliance, Whirlpool will also automatically collect the following types of information from the following sources on a periodic basis:

    • Connected Appliance: your Connected Appliances ID (including model and serial number), source IP address, appliance status (e.g., refrigerator temperature, water filter status), and fault/error codes (e.g., "door ajar");

    • Other devices: if you choose to use third party devices, such as smart meters, to manage your energy consumption or to use other related Connected Appliance features, Whirlpool may collect information such as your total home energy consumption, the energy consumption of your Connected Appliance, and your utility electric or gas rate plan (or your area’s general rate plan). Such information may also include personal data and they shall be subject to the privacy policies and procedures of the relevant third parties providers.

    • Applications: if you use the Applications, Whirlpool will automatically gather and store certain information about your visit and actions performed within the Application such as changes to your account settings and operations executed on your Connected Appliance.

  3. Transmission of Connected Appliance Data

    If you would prefer to not have Whirlpool collect any data from your Connected Appliance, you will need to de-provision (disconnect) your Connected Appliance from your wireless router AND turn off the wireless connection button on your appliance. De-provisioning (disconnecting) your Connected Appliance will also disable your use of the Connected Appliance Services, even if your Connected Appliance Services account remains active. If you merely deactivate your Connected Appliance Services account but do not de-provision (disconnect) your Connected Appliance, data, which do not include and are not associated with your personal data and does not identify you specifically, will continue to be transmitted to Whirlpool.

  4. Other Device Data

    Any optional services that you activate through the Application, including services associated with third party devices (e.g. smart meters for energy consumption management services) can be deactivated by you at any time through the Application.


2. PURPOSES OF THE PROCESSING


Where applicable, we will process your personal data we have collected or been provided with for the following purposes:

  1. administrative and accounting purposes;

  2. providing you with the Connected Appliance Services, including notifications for purposes of assistance and maintenance and communications functional to using your account or you appliance, including those related to customer services and the warranty;

  3. complying with the statutory provisions and regulations and enforcing its own rights before the Courts;

  4. upon your prior consent, and without prejudice to Whirlpool's legitimate interest, sending you customized marketing communications related to our products and services electronically (including email, SMS, MMS, social network notifications, mobile applications);

  5. upon your prior consent, sharing your personal data for customized marketing communication with our selected trusted partners as set forth in Section 6 below ; and

  6. unless you opt-out, contacting you for marketing purposes by phone (non automated) and via paper mail;

  7. for the purpose of sending you customer care communications concerning products registered by you or which you showed interest in and in order to carry out customer satisfaction surveys;

  8. sharing your data only in an anonymous and aggregated form with (i) our business partners and /or other third parties for research and development purposes and (ii) other consumers to help them comparing their energy usage to other Connected Appliance Users. To do so, Whirlpool may store such aggregated data for a reasonable period of time after you deactivate your Connected Appliance Services account or stop using the Connected Appliance Services;

  9. providing you with suggestions within the Application to improve the performance of the Connected Appliances (e.g., alternative cycles or energy consumption, what products to use to maintain the appliance in peak shape or to improve performances, accessories or components to add, increase or restore functionalities, etc.) or links through which you can access information on the web suggesting you products or services;

  10. after-sales and customer care assistance concerning the Connected Appliance or the Connected Appliances Services, the Application or the Applications, as well as in order to carry out market surveys, based on aggregate / anonymized personal data;

  11. carrying out activities useful for the transfers of business and business branches, takeovers, mergers, demergers or other transformations and for the execution of such transactions.


3. LEGAL BASIS FOR THE PROCESSING


  1. The provision of the personal data for the purposes under Section 2, para. a) and b) is necessary for activating and allowing you the use of the Connected Appliance Services.

  2. The provision of personal data for the purposes under Section 2, para. c), is mandatory since required by the applicable laws.

  3. The provision of your Personal data for the purposes of Section 2, para. d) and e), is optional. In the absence of your consent, Whirlpool, the companies part of the Whirlpool Group and/or trusted partners will not be able to send you customized marketing communications via automated means. In any event, upon the withdrawal of the Users' consent we will no longer process the personal data for the purposes of para. d) and e) above;

  4. The provision of your personal data for the purposes pursuant to Section 2, para. f), g), h), i), j) and k) is necessary to pursue the legitimate interests of Whirlpool and the Whirlpool Group, which will be appropriately balanced with your interests.

We may also use, in compliance with the applicable data protection laws, your electronic contact details (email, phone number) we collected in the context of a sale of a product or service, in order to send you customized marketing communications related to similar products or services. In such a case, you may object to such use of your electronic contact details by clicking the “unsubscribe” link at the bottom of the email / SMS at each time the customized marketing communication is sent; or in accordance with Section 10 of this Privacy Notice below.


4. DATA RETENTION


Whirlpool will process the personal data for as long as it is necessary to achieve the intended purposes pursuant to Section 3 above. In any case, the following retention periods shall apply:

  1. the data collected for the purposes of Section 3, para. a), b) and c), will be retained for the period strictly necessary in order to respond to data subjects' requests and comply with applicable laws and regulations;

  2. the data collected for the purposes of Section 3, para. d), e), f) and g) will be retained for the maximum data retention period set forth by the applicable law provisions and, in any event, will be deleted if you withdraw your consent;

  3. the data collected for the purpose of Section 3, para. f), will be retained for the amount of time which Whirlpool shall deem appropriate irrespectively of any applicable provision, in light of their nature of anonymous/aggregated data and therefore neither subject to the Regulation nor to any other applicable law or regulation;

  4. the data collected for the purpose of Section 3, para. g), h) and i), will be retained for the period strictly necessary in order to pursue Whirlpool legitimate interests.

Please consider that data retention periods may vary, depending on the applicable local laws.


5. DATA PROCESSING PROCEDURES


Your personal data is processed with the support of Information Technology and/or paper means and it is protected by appropriate security devices suitable to ensure the secrecy and safety of the personal data. In particular, Whirlpool adopts the appropriate administrative, technical, personal and physical measures designed to safeguard the personal data held against any loss, theft as well as unauthorised use, disclosure or change in the personal data.


6. COMMUNICATION OF DATA


We will only share your personal data with our trusted partners, such as our extended warranty providers, that intend to use it for direct marketing purposes as autonomous data controllers when we have specifically informed you and you have given us specific consent to do this. We may share your personal data with:

  1. companies of the Whirlpool Group located in the EEA and outside the EEA, acting as autonomous controllers;

  2. our carefully chosen third party suppliers located in the EEA and outside the EEA, such as call centre operators, shippers, suppliers of services or technicians assigned to assistance and other suppliers working on our behalf in the role of duly appointed data processors for the purposes described in this Notice;

  3. other third parties as part of a corporate transaction such as a merger or sale of assets.

In the above cases, these companies must abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose.
Your personal data are stored on IBM servers within the EU. Should an extra-EEA transfer occur, we will implement suitable safeguards in accordance with the Regulation. See in particular Section 7 below.


7. EU-U.S. PRIVACY SHIELD AND SWISS-U.S. PRIVACY SHIELD


Whirlpool Corporation participates in and has certified its compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks. Whirlpool Corporation is committed to subjecting all personal data received from EU member countries and Switzerland, in reliance on the Privacy Shield Frameworks, to the Frameworks’ applicable Principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield List.

Whirlpool Corporation is responsible for the processing of personal data it receives, under the Privacy Shield Frameworks, and subsequently transfers to a third party acting as an agent on its behalf. Whirlpool Corporation complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Whirlpool is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

In certain situations, the Whirlpool Group may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern related to the Privacy Shield Framework that you believe we have not addressed satisfactorily, you may contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.


8. MINORS UNDER THE AGE OF 18


Whirlpool does not address subjects under the age of 18, nor is Whirlpool knowingly collecting personal data from people under the age of 18.


9. PREFERENCES AND SERVICE NOTIFICATIONS


  1. Connected Appliance Notifications


    You may choose to receive notifications via the Application (e.g., notifications regarding cycle completion or when your refrigerator door is ajar) as part of the Connected Appliance Services. You may change your preferences regarding these notifications, including which notifications to receive or disabling such notifications, by logging in to your Connected Appliance Services account through the Application.

  2. Deactivation (de-registration) of your account


    You may choose to deactivate (de-register) your account at any time by writing at data_protection_emea@whirlpool.com. If you deactivate your account, collected data related to your Connected Appliance and your use of the Connected Appliance Services will be retained by Whirlpool and/or Whirlpool Group in anonymized and aggregated form for some of the purposes described in Section 2 above. This means it will no longer be associated with your personal data and therefore will be irreversibly anonymized. Deactivating your Connected Appliance Services account will stop you from receiving further notifications, services and promotions relating to your Connected Appliance.

  3. Disabling the Application(s)


    You may also choose to disable the Application by uninstalling it from your device. In this latter case we need to inform that the Connected Appliance will continue to transmit your information even though we will not be receiving it, therefore, it is important that you turn off Wi-Fi on the Connected Appliance in case you want us not to collect your data anymore.

  4. Service and Other Safety Notifications


    As long as you have not de-registered from the Connected Appliance Services, Whirlpool reserves the right to contact you in the event of a safety or service notification for your Connected Appliance, such as product recall notices, regardless of your stated privacy preferences.



10. RIGHTS OF DATA SUBJECTS


You, at any time and at no charge, can have and/or exercise the following rights:


  1. the right to be informed on the purposes and methods of the processing of your personal data;

  2. the right of access to your personal data (commonly known as “data subject access request”). This enables you to receive a copy of the personal data we hold about you;

  3. the right to ask for updating or rectification of the personal data we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us;

  4. the right to request erasure of your personal data. This enables you to ask us to delete or remove data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request;

  5. the right to restrict the processing of your personal data in some specific cases;

  6. the right to object to the processing, wholly or partly, in presence of legitimate grounds. Please be aware that in such cases the Company may not be able to deliver the Connected Appliances Services to you;

  7. where we are relying on consent to process your personal data, the right to revoke the consent to the processing of your personal data freely and at any time, also by clicking on the unsubscribe option at the bottom of our marketing communications;

  8. the right to data portability of your personal data to you or to a different provider. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format;

  9. the right to contact us at data_protection_emea@whirlpool.com; and

  10. the right to lodge a complaint in front of the competent national data protection or judicial authority.


If you wish to exercise the rights mentioned above, or raise any questions about the personal data we hold about you, please contact us at data_protection_emea@whirlpool.com or write to us at: Whirlpool Ireland Ltd, Whirlpool House, Fonthill Industrial Park, Dublin 22, for the attention of the Data Protection Office.



11. AMENDMENTS AND UPDATES


We keep this Privacy Notice under regular review. This Privacy Notice was last updated in May 2018.

Whirlpool EMEA Connected Appliance Terms Of Use

I. INTRODUCTION

Please read these Terms Of Use carefully, and the Privacy Statement (which is incorporated into these Terms - see below), before using your Connected Appliance and associated software applications and services. Your attention is drawn in particular to section VIII of these Terms of Use which contains restrictions on our liability to you.

Thank you for choosing a wi-fi enabled home appliance (“Connected Appliance”) by Whirlpool. Whirlpool is the world's leading manufacturer and marketer of major home appliances. Our brand names used in Europe include Whirlpool® , Indesit® , Bauknecht®, Hotpoint® and HotpointAriston®. These Terms Of Use apply to your use of your Connected Appliance and associated Connected Appliance Services (as defined below). In these Terms Of Use, references to Whirlpool means Whirlpool EMEA S.p.A. Socio Unico, a company set up according to Italian laws, having its registered office at Pero (MI), Via Carlo Pisacane 1, Italy, 20016, duly registered in Milano with number 00693740425, and V.A.T. number IT00693740425 (hereinafter “Whirlpool”, “we”, “us”, “our”), part of the global Whirlpool group (“Whirlpool Group”) and other companies within the Whirlpool Group operating in Europe, and their brands listed above.

Your Connected Appliance is capable of providing you with services to help you manage and maintain your Connected Appliance. When your Connected Appliance is connected to Whirlpool’s Connected Appliance network, it is capable of transmitting information, including activity and error codes, to Whirlpool and providing you with notifications and you may use software applications provided by Whirlpool such as the free “Bauknecht B-Live” or “Whirlpool 6th Sense Live” app (the “Application” or “Applications”) on your mobile device to manage your Connected Appliance remotely and access functions and services. These Terms Of Use apply to your use of such services and Applications (together, the “Connected Appliance Services”).

In order to enjoy the Connected Appliance Services your Connected Appliance must be connected to a wireless Internet connection. You are responsible for the installation and maintenance of the wireless Internet connection at the place where your Connected Appliances are located. You also need to install the Application on a compatible mobile device(s) and register an account with Whirlpool.

You need to accept this Terms Of Use and the Whirlpool EMEA Connected Appliance Services Privacy Statement (the “Privacy Statement”) in order to use the Connected Appliance Services. By using any Connected Appliance Services, and/or indicating your acceptance of these Terms of Use in the Application, you agree to be bound by these Terms Of Use. In addition, you will be acknowledging that you have read the Privacy Statement, which is incorporated into these Terms of Use, and that you agree to the treatment of your Personal Data as set out in the Privacy Statement. If you do not agree to the Terms Of Use or any part of them, and do not accept these Terms Of Use and/or the Privacy Statement, you will be unable to access the Connected Appliance Services associated with your Connected Appliance. Further details on the Privacy Statement are in Section VI below.

From time to time, we may update these Terms Of Use. In case of an update, and where required by applicable law, we will send you an alert via the Application telling you about the changes and any choices you may have or actions you can take. In certain circumstances, we may notify you of updates when you next log in to use your account (as relevant). Please read all alerts and updates carefully and contact us (see below) if you have any questions. Your continued use of the Connected Appliance Services after such alerts, or after updates when you next log in, or (where relevant) your active acceptance of any changes, will tell us that you agree to these changes. If you decide that you do not agree with the changes, you may always withdraw from using the Connected Appliance Services.


II. CONNECTED APPLIANCE SERVICE OFFERINGS

The Connected Appliance Services allow you to receive notifications regarding your Connected Appliance (such as door open notifications, cycle completion notifications, etc.), schedule your Connected Appliance to run at cost efficient times, and remotely monitor your Connected Appliance through the Application, among other capabilities and benefits. The specific Connected Appliance Services are described in greater detail in the user manual for your Connected Appliance. Whirlpool may need to review and change over time the specific features of the Connected Appliance Services and will notify you through the App of any material changes.


III. YOUR USE OF CONNECTED APPLIANCE SERVICES

  1. General

    To use the Connected Appliance Services, you must register for an account using the Application and (as described above) you must read and accept the Privacy Statement. By using the Connected Appliance Services, you agree to: (a) accurately furnish your contact and other information requested by Whirlpool, (b) promptly update your details in the event of any change or inaccuracy in your contact information (for details on how to do this please see Section 9 in the Privacy Statement); and (c) use the Connected Appliance in accordance with its user manual. In the event of any conflict between these Terms of Use and the user manual, these Terms of Use will prevail.
    We may suspend or terminate your account if we discover or have reason to suspect that the information or details you have given to us is/are false, misleading, inaccurate or incomplete - further details at Section IX below.

  2. Data Usage

    Connected Appliances use your wireless Internet connection to provide you with the Connected Appliance Services. In addition, if you choose to receive notifications via the Application, such notifications and applications use your mobile data connection to provide you with the services. All these uses imply the transfer of a certain amount of data through your relevant connections so you must have an appropriate data plan from your wireless Internet connection at the location of your Connected Appliance and from your mobile service carrier. Please consult your Internet service provider’s or mobile service carrier’s pricing plan to determine applicable data charges (if any), data limitations, restrictions such as permissible uses, and other terms and conditions of service. Whirlpool will not accept any liability for any charges that your Internet service provider or mobile service carrier may impose.

  3. Transfer of Your Connected Appliance

    Unless otherwise indicated, you are only permitted to use the Connected Appliance Services for your own personal, non-commercial purposes, and you must not in any way resell any of these services or make these services available to any third party. If you sell or lend your Connected Appliance to another person, you must immediately update, as applicable, your Connected Appliance Services account using the Application. You are not permitted to do this without first updating your account. If you fail to do that update first then you will be in breach of these Terms of Use and Whirlpool may suspend or terminate your account – further details at Section IX below. The new user will need to register a separate new account with Whirlpool to be able to use the Connected Appliance Services.

  4. Prohibited Uses

    You are prohibited from using the Connected Appliance Services in any way that:

    • is threatening, violent, abusive, defamatory, slanderous, libellous, fraudulent, indecent, or otherwise unlawful or inappropriate;
    • accesses, collects or stores personal information about others;
    • violates or infringes the rights of anyone else, including another person’s right to privacy;
    • impersonates any person, business, entity, or IP address (e.g., IP spoofing);
    • involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any law;
    • is commercial in nature, including, for example, advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages;
    • gains or tries to gain unauthorized access to a Connected Appliance’s firmware or software, including by reverse engineering firmware or installing firmware not approved by Whirlpool;
    • imposes an unreasonable or disproportionately large load on Whirlpool’s or its business partners’ infrastructure, including transmitting spam or using other unsolicited mass emailing techniques;
    • alters, damages, or deletes any content provided by Whirlpool;
    • contains computer viruses or other disruptive, damaging or harmful files or programs; or
    • otherwise violates these Terms Of Use.

  5. Software Updates

    The Connected Appliance Services, including the Applications, use software that Whirlpool may need or want to update or change. We will run such updates using standard procedures on your mobile device operating system and you will always be requested to accept any such updates in order to be able to continue using the Connected Appliance Services.

IV. SERVICE LIMITATIONS AND DISCLAIMERS

  1. General Limitations

    Because your Connected Appliance communicates with Whirlpool by transmitting information wirelessly and over the Internet: (a) the Connected Appliance notifications will only be available to you after you have connected and registered your Connected Appliance; and (b) the Connected Appliance Services are not available when the Internet or your wireless connection or your mobile connection is not working or is not working properly.


  2. Accuracy of Results and Data

    You agree that the Connected Appliance Services are subject to limitations and restrictions outside of Whirlpool’s control, which include such things as your appropriate maintenance of your Connected Appliance in compliance with the relevant user manual, wireless network capabilities, Internet availability, environmental conditions (such as buildings, weather, geography, and topography), atmospheric conditions, and other factors associated with the use of the Internet or with satellites and satellite data; moreover, the Connected Appliance Services by their nature depend on software and network availability provided by third parties. In consideration of the above, Whirlpool does not guarantee uninterrupted availability, accuracy, completeness or timeliness of any data, information, materials or content provided as part of the Connected Appliance Services.

  3. Stored Data

    Whirlpool stores certain data on or about your usage of the Connected Appliance Services for as long as is necessary to comply with the law or for our identified legitimate business needs and intended purposes in connection with the Connected Appliance Services as set out in the Privacy Statement.

  4. Transported Data

    Whirlpool takes all reasonable steps with a view to maintaining the security of the data you provide us and will take reasonable precautions to protect your personal information. However, there is always some risk in transmitting information over wireless networks or the Internet. As a result, you accept that when you use the Connected Appliance Services, your communications may be subject to unlawful interception by others. Whirlpool cannot guarantee the security and privacy of wireless transmissions or transmissions via the Internet, and will not be liable for any lack of security on networks or devices not controlled by Whirlpool or any resulting loss of privacy or data in connection with any communications over such networks. Please take precautions to protect your personal information when you are on the Internet, for instance by changing your passwords often, by using a combination of letters and numbers, and by making sure you use a secure browser.

  5. Other

    The Connected Appliance Services are provided on an “as is” and “as available” basis. Whilst Whirlpool uses every reasonable effort to maintain the availability of the Connected Appliance Services, we cannot guarantee its availability or the continuation of the same or that access to this will be uninterrupted or error free. Moreover, the Connected Appliance error code notifications are not intended to replace regular, recommended maintenance of your Connected Appliance as indicated in your Connected Appliance user manual, and are not a substitute for safe, responsible use of your Connected Appliance. You should not rely on the Connected Appliance Services (including any error notifications) as a means to prevent fire or other accidents or damage. It is your responsibility to operate your Connected Appliance safely and maintain your Connected Appliance in good working order and in compliance with its user manual. Failure to do so may result in damage to your Connected Appliance, property damage, bodily harm, and/or serious injury of which Whirlpool shall not be held responsible.

V. COMPLIANCE WITH TERMS

You are solely responsible for not only your own compliance with these Terms Of Use but also for the compliance of all users of your Connected Appliance and/or of your Connected Appliance Services account, whether or not authorized by you.

VI. PRIVACY

The Privacy Statement is available via the Application and you will be requested to accept it as part of your registration for Connected Appliances Services. Acceptance of the Privacy Statement is not obligatory (i.e. if you do not wish to accept it you are free to choose not to register for the Connected Appliance Services), however it is necessary in order to be able to proceed to the creation of your registered account. The Privacy Statement governs how the information that you provide and data from your Connected Appliance and from your use of the Connected Appliance Services may be collected, used, disclosed and shared in accordance with applicable European and local laws.

VII. OWNERSHIP OF INTELLECTUAL PROPERTY

Whirlpool and its licensors own the copyrights, trademarks, and any other intellectual property rights to all content displayed on and from the Connected Appliance Services. You may not reproduce, modify, use, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such materials or content to any third party (including displaying or distributing the material using a third party website), and you may not use any of the trade marks which are displayed when you access the Connected Appliance Services, without Whirlpool’s prior written consent except to use the Connected Appliance Services for their intended purposes and in compliance with these Terms Of Use.

VIII. LIMITATION OF LIABILITY, INDEMNITY

For the avoidance of doubt, nothing in these Terms of Use shall limit or exclude the liability (if any) of Whirlpool or any other company in the Whirlpool Group to you for:

  1. fraud or fraudulent misrepresentation;
  2. personal injury or death resulting from its/their negligence; or
  3. any other matter for which it would be illegal for it/them to exclude, or attempt to exclude, liability.
  1. Limitation of Liability

    You agree that:

    1. the Connected Appliance Services are provided on an “AS IS” and “AS AVAILABLE” basis;
    2. save for mandatory limits of APPLICABLE LAW and being agreed that nothing in these Terms Of Use removes or limits or is to be interpreted as an intent to remove or limit WHIRLPOOL’s OR WHIRPOOL GROUP’S liability for fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, breach of rules of public order or for death or personal injury including without limitation resulting from its/their negligence, or damages to personal property in cases where liability cannot be excluded by law, YOU AGREE TO RELEASE WHIRLPOOL, THE WHIRLPOOL GROUP, ITS AGENTS, EMPLOYEES AND CONTRACTORS FROM ANY AND ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE CONNECTED APPLIANCE SERVICES, INCLUDING, BUT NOT LIMITED TO CLAIMS ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE CONNECTED APPLIANCE SERVICES, EVEN IF CAUSED BY THE NEGLIGENCE OF WHIRLPOOL, THE WHIRLPOOL GROUP, ITS AGENTS, EMPLOYEES AND CONTRACTORS; FURTHERMORE, NEITHER WHIRLPOOL NOR ANY OTHER COMPANY IN THE WHIRLPOOL GROUP ACCEPTS ANY LIABILITY FOR ANY USE OR MISUSE OF THE CONNECTED APPLIANCE SERVICES OR ANY PART THEREOF OR FOR ANY LOSS OR DAMAGE WHICH MAY ARISE FROM YOUR USE OR MISUSE OF THE SAME. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE YOU WITH THE CONNECTED APPLIANCE SERVICES ON THE BASIS THAT WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WHICH ARE NOT EXPRESSLY SET OUT IN THESE TERMS OF USE, EXCEPT WHERE THE SAME CANNOT BE EXCLUDED UNDER APPLICABLE LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER;
    3. YOU AGREE TO INDEMNIFY WHIRLPOOL, THE WHIRLPOOL GROUP, ITS AGENTS, EMPLOYEES AND CONTRACTORS AGAINST ALL SUCH CLAIMS AS DESCRIBED ABOVE BROUGHT BY THIRD PARTIES.
    4. YOU FURTHER AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.


  2. Exclusion of consequential losses

    Connected Appliances use your wireless Internet connection to provide you with the Connected Appliance Services. In addition, if you choose to receive notifications via the Application, such notifications and applications use your mobile data connection to provide you with the services. All these uses imply the transfer of a certain amount of data through your relevant connections so you must have an appropriate data plan from your wireless Internet connection at the location of your Connected Appliance and from your mobile service carrier. Please consult your Internet service provider’s or mobile service carrier’s pricing plan to determine applicable data charges (if any), data limitations, restrictions such as permissible uses, and other terms and conditions of service. Whirlpool will not accept any liability for any charges that your Internet service provider or mobile service carrier may impose.

  3. Transfer of Your Connected Appliance

    Save for mandatory limits of APPLICABLE LAW, NEITHER WHIRLPOOL, THE WHIRLPOOL GROUP. ITS AGENTS, EMPLOYEES NOR CONTRACTORS WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR NON AVAILABILITY OF SERVICES) IN CONNECTION WITH THE CONNECTED APPLIANCE SERVICES, EVEN IF WHIRLPOOL, THE WHIRLPOOL GROUP, ITS AGENTS, EMPLOYEES OR ITS CONTRACTORS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

  4. Indemnity

    You agree to indemnify, defend, and hold Whirlpool, the Whirlpool Group and its affiliate companies harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of the Connected Appliance Services and any information you submit, transmit, or make available via the Connected Appliance Services; failure to safeguard your passwords or other account information; or violating these Terms Of Use, or any applicable law or regulation, or the rights of any third party.

IX. SUSPENSION AND TERMINATION

Whirlpool and its licensors own the copyrights, trademarks, and any other intellectual property rights to all content displayed on and from the Connected Appliance Services. You may not reproduce, modify, use, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such materials or content to any third party (including displaying or distributing the material using a third party website), and you may not use any of the trade marks which are displayed when you access the Connected Appliance Services, without Whirlpool’s prior written consent except to use the Connected Appliance Services for their intended purposes and in compliance with these Terms Of Use.

  1. Termination by Whirlpool for misuse

    Whirlpool may suspend or terminate your access to all or any part of the Connected Appliance Services at any time if you commit any of the prohibited uses described at Section III 4. or if you otherwise violate these Terms Of Use. Whirlpool may also terminate the Connected Appliance Services at any time, with prior notice, for technology obsolescence or other reasons affecting the ongoing viability of the Connected Appliance Services. In the event of termination for any such reason, you shall no longer be authorized to use or access the Connected Appliance Services, and (subject always to section VIII) Whirlpool shall have no liability as a result of any such termination. In such event you may continue to use your appliances as normal appliance, but the Connected Appliance Services associated with them will no longer be available.


  2. Deactivation of Account by You

    You may deactivate (de-register) your account at any time by writing to the privacy officer at the address indicated in section 10 of the Privacy Statement. If you deactivate your account, data related to your Connected Appliance and your use of the Connected Appliance Services that was collected by Whirlpool will be retained by Whirlpool but will no longer be associated with your personal information. Deactivating your Connected Appliance Services account will stop you from receiving further Connected Appliance notifications that are provided as part of the Connected Appliance Services. If you choose to keep your Connected Appliance connected via wi-fi after you deactivate your account, your Connected Appliance will continue to transmit certain appliance usage data to Whirlpool. If you wish to avoid any such transmission you must deprovision (disconnect) your Connected Appliance from your wireless router and turn off the wireless connection button on your appliance.

X. GENERAL

  1. Jurisdiction and applicable law

    These Terms of Use are governed by the laws of Ireland and you submit to the exclusive jurisdiction of the Irish Courts.

  2. Waiver

    If Whirlpool fails to insist upon the strict performance of any of its obligations under these Terms of Use, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not release you from compliance with such obligations. A waiver by Whirlpool of any default shall not constitute a waiver of any subsequent default. No waiver by Whirlpool of any of your obligations under these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

  3. Severability

    If any term of these Terms of Use are determined by any court or any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  4. Entire agreement

    These Terms of Use and any other terms or conditions accepted by you in connection with your use of the Connected Appliance and the Connected Appliance Services represents the entire agreement between you and Whirlpool in relation to their subject matter and supersede any prior agreement, understanding or arrangement between you and Whirlpool, whether oral or in writing.
    Both you and us acknowledge that neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us except as expressly stated in these Terms of Use.

XI. CONTACT US

Any questions or complaints regarding your Connected Appliance or the Connected Appliance Services should be directed to your local Whirlpool customer service call centre as indicated in your Application or the documentation that comes with your Connected Appliance.

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