General Conditions of Use - FOGO Application
Effective date: 23/01/2024
The use of the FOGO App ("the Application") is governed by these general conditions of use. Any individual or entity ("the User") that accesses, for whatever reason, the Application and its content is automatically, entirely and without reservation bound by these conditions. The simple fact of browsing or using the Application implies full acceptance of these conditions.
FOGO, which makes the Application available, reserves the right to modify these terms of use at any time, at its sole convenience and without notice. Any possible modification of these terms of use will come into force as soon as it is posted online.
Access to the Application may at any time be interrupted, suspended, modified without notice for maintenance or for any other case. The User undertakes not to claim any compensation following the interruption, suspension or modification of these conditions.
The protection of your privacy and personal data is also at the heart of our concerns.
The Application allowing Users to control FOGO products via their mobile devices, these conditions also aim to describe the information that FOGO collects and hosts and to explain what use will be made of the information collected for the use of the Application.
Responsible for the Application
This Application is made available under the terms of these terms and conditions by:
FOGO French Thermal Development Society
Lille metropolis Lambersart 900 120 056
26 rue nicot, 59 130 Lambersart, France
Hereinafter referred to as "FOGO"
It is also FOGO who is the controller of personal data and who defines for what purpose and how your personal data is used.
Vigilance and personal safety
IN ORDER TO PROTECT YOUR IDENTITY IN THE APPLICATION, FOGO STRONGLY RECOMMENDS THAT YOU KEEP YOUR PASSWORD COMPLETELY CONFIDENTIAL, USE A PASSWORD THAT IS DIFFICULT TO FIND (EXAMPLE: A PASSWORD THAT CONTAINS BOTH LETTERS AND NUMBERS AND DOES NOT LOOK LIKE YOUR USERNAME AT ALL). UNDER NO CIRCUMSTANCES WILL FOGO CONTACT YOU TO ASK FOR YOUR PASSWORD.
Your responsibilities, certifications, agreements and consents
Each User of the Application:
· undertakes to comply with these general conditions and the laws and regulations in force when using the Application.
· is fully responsible for verifying the information it indicates on the Application.
· is fully responsible for the direct or indirect consequences, whatever their nature, of the use of the Application.
Each User guarantees FOGO against any complaints, claims, actions and/or claims that FOGO may suffer as a result of the violation of any of the provisions of these general conditions and undertakes to indemnify FOGO for any damage it may suffer and to pay it all costs, charges and/or convictions that it may have to bear as a result, including its consulting fees.
The User is informed and accepts that FOGO reserves the right, in case of violation of any of the provisions of these general conditions or violation of the laws and regulations in force, to:
· suspend or terminate access to the User's Application,
· take all appropriate measures and take any legal action,
· notify, if necessary, cooperate with the competent authorities and provide them with all information useful for the investigation and suppression of illegal or illicit activities,
Delete your FOGO account if the User is required to leave the accommodation to which the account is linked.
Prohibited actions and behaviors
It is forbidden to access or attempt to access another User's account. Similarly, it is forbidden to open a FOGO account for a home of which you are not the occupant, to the extent that you would access third-party personal data.
It is forbidden to use the Application in a way that would violate the laws and regulations in force and in particular the copyrights, trademarks, trade secrets or any other intellectual property right of FOGO, third parties or that would violate the privacy (including his personal data), or any other personal right of third parties.
It is forbidden to violate or attempt to violate the security of the Application, to test the technical vulnerability of the Application or to attempt to disrupt access to the Application or the services offered in the Application.
It is forbidden to use software intended to modify the appearance of the Application.
Rights, obligations, guarantees and responsibilities of the Company
FOGO strives to provide as accurate information as possible on the Application. However, it cannot be held responsible for omissions, inaccuracies and deficiencies of the Application.
All information indicated on the Application is given for information purposes only, and is subject to change. In addition, the information on the Application is not exhaustive. They are given subject to changes that have been made since they were put online.
FOGO assumes no responsibility for the direct or indirect consequences, of whatever their nature, of the use of the Application. In particular, it is specified that consumption data are only estimates. FOGO cannot be held responsible for the inaccuracy of these estimates.
FOGO assumes no responsibility for any costs in charge to use the Application (internet connection, telephone charges, etc.).
FOGO reserves the right, without notice and at its sole convenience, to close, ban, modify or delete the account of one or more Users and to limit and/or prohibit access to the Application of one or more Users.
FOGO does not guarantee the effectiveness or total security of the Application and assumes no responsibility for damage(s), loss or any other consequence caused by problems relating to the effectiveness or security of the Application. FOGO assumes no responsibility for any problem or reason dependent on or independent of FOGO that would make navigation on the Application difficult, prevent full or partial access to the Application or allow one or more malicious Users to access personal information or account(s) of one or more Users.
FOGO reserves the right to close, at any time, without notice, at its sole convenience, temporarily or permanently, the Application and assumes no responsibility for the consequences, direct or indirect, caused by the closure of the Application.
Intellectual Property
The trademarks, logos, signs of the Application are protected by the Intellectual Property Code and more particularly by copyright.
It is forbidden to sell, modify, reproduce, copy, distribute or make any other use of the content of the Application for public or commercial purposes without the express authorization of FOGO.
It is forbidden to use, for whatever the purpose or reason, the content of the Application on another website or intranet network without the prior written authorization of FOGO.
Privacy and confidentiality
What personal data is collected?
FOGO collects the following information:
Information related to the creation of the customer account
Information from devices connected to the application
Information related to the creation of the customer account
When you install FOGO on your tablet or smartphone, you will be asked to complete the following information:
Postal address
City
This information will then be integrated into your profile that you can access using the username and password you have entered.
This information provided has two objectives:
The operation of FOGO features, such as the display of weather or air quality data in your city;
Understanding the environment in which FOGO brand products evolve, allowing us to improve their thermal performance and the functionality of the application.
Information from devices connected to the FOGO app
The different devices connected to FOGO have functions that collect information such as:
The temperature of your home
The estimate of your energy consumption.
The parameters of the connected devices (on/off function, set temperatures, heating programs,....)
This information that you can consult is necessary to allow you to use the different features of FOGO as well as to optimize your thermal comfort by accessing the different functions of your FOGO devices.
You can choose whether or not to enable certain features.
What are your rights over your personal data?
As a user of FOGO services, you have the right:
To request that the data processed concerning you be deleted from our files. If you exercise your right to be forgotten, and you have access to a customer area on a website, this access will then be suspended since your username will be deleted from our files. We cannot delete your data as long as an order intended for you is in progress or as long as there is a dispute between you and us or, more generally, as long as we need your data to execute a contract or fulfill one of our obligations.
To object to the collection and processing of data concerning you when it is not strictly necessary.
Access the data collected about you and retrieve it in a standard electronic format;
To obtain its rectification;
To request a limitation of their processing - for example by refusing any use for prospecting purposes;
These rights can be exercised by contacting us:
By e-mail: info@fogo.fr
By mail (with a copy of your identity document in case of exercising your rights) to the following address:
FOGO GROUP
To the attention of the data protection officer (DPO)
130 boulevard du montparnasse
75014 Paris
France
You also have the right to lodge a complaint with a supervisory authority and to file a judicial appeal, in particular if your requests for the exercise of rights have not been processed within one month of their submission.
How long do we keep your data?
The personal data of your profile is kept until the FOGO account is deleted. After deleting the account, we keep in memory only the operating information of the products that have been paired with the FOGO bridge and said to be of a technical nature.
Technical information is anonymized and kept for the time necessary to (i) perform the service when an account is created again using the FOGO bridge number (ii) to allow us to improve the operation of our devices.
Where do we store your personal data?
The processing that FOGO is likely to carry out on personal data is carried out in data centers hosted in the European Union.
In the event of a transfer of personal data to companies of the FOGO Group or subcontractors established outside the European Union, FOGO then undertakes to ensure that these recipients comply with the provisions of Regulation (EU) No. 679/2016.
What are our obligations with respect to your personal information?
FOGO takes all reasonable and necessary measures to protect the data processed against unauthorized access, use, modification or destruction of personal (or potentially personal) data.
We have commitments to the security of our services and we have put in place physical, administrative and technical measures to prevent 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 employees of GROUPE FOGO as well as to our service providers and subcontractors who need to have access to this data.
If we determine that your data has been misappropriated or otherwise acquired by a third party, we will inform you as soon as possible, as well as the supervisory authority (the CNIL in France).
How is this information used?
Use of data by FOGO
We only use your personal data for the operating purposes of your FOGO account. We promise never to sell them without your consent.
With your consent when creating your account, we may use your email to offer you our offers, announce new features and product information, ask for your opinion or simply keep you informed of the news of GROUPE FOGO brands and its offers. We will also be able to provide you with information about FOGO products or the FOGO FOGO application (new functions, tutorials....).
If you no longer wish to receive this information, you can withdraw your consent by going to your personal FOGO space.
Other so-called technical information relating in particular to the settings of your devices is used for the purpose of analyzing, improving our devices, the FOGO FOGO application and to offer you new innovative services.
Thus, GROUPE FOGO processes personal data concerning you on the following legal bases:
When you have given us your consent for us to process your personal data, or
In the context of FOGO's legitimate interest in processing your personal data (if FOGO has an interest in processing your data that is justified, balanced and does not infringe your privacy) or
In the context of a processing of personal data made mandatory by a text of law
Application Partner Services
In order to offer you more and more features, we have developed "Partner Services" in the FOGO application, accessible from the application menu. From this section you can decide to activate this partner service yourself and thus exchange data with the partner, and accept its privacy policy.
How is the collection of personal data of minors?
Although FOGO does not seek to collect personal data about minors, some services may be used by minors. In this case, it is up to the parents and any person exercising parental authority to decide whether their minor child is authorized to use the services of FOGO.
Jurisdiction
These terms of use are governed, interpreted and applied in accordance with French law.
The French courts of the company's registered office will have sole jurisdiction to hear any dispute relating to the present, including, without this list being exhaustive, their validity, interpretation, execution and/or termination and its consequences.
Version 1 - May 2024