Terms of Use & Privacy Policy – Millheat app

 

Privacy Policy – Millheat app

This privacy policy will explain how Mill International AS (hereinafter Mill) gather and process personal data concerning our app users and web site visitors. In the following we will explain why we gather personal data and how we use it. We will also inform you of what rights you have if we process data concerning you. 

Data controller responsibilities
Mill is data controller for all processing activities as described below. This means that Mill determines the purposes and means of the processing of personal data.

What information we process and the purposes for processing
The personal information we gather will be used to provide Mill products and services, process your order or fulfill the contract between you and Mill, to ensure the validation function and safety of our products, verify your identity, prevent and investigate fraud or other improper use. The personal information we gather will be used for our products and services development, however we only use aggregated information and statistical information for this purpose.

When you create an account using the Millheat app, we will ask you to provide information about your name, telephone number and/or e-mail. We use this information to create your Mill profile.   

When you first activate and use a Mill device, we gather your mobile user identification information and the unique identification code for the mobile device. We may also gather this information when you update the system or software and restore the factory settings, etc.

Your mobile user identification information, the unique identification code and location information of the mobile device can be used to activate your warranty services and specific software licenses, and you may be invited to participate in the investigation. We also use this information to improve our products and analyze the efficiency of our business operations.

When you use the Mill app, we will anonymously conduct statistical overview on part of your using network to provide you with a better networking experience based on your need. In addition, when the Mill smart home system works abnormally or collapses, we will be likely to gather some environmental information for diagnostic problems such as equipment ID, internet protocol address, routing data packets, etc.

Use of data processors
A data processor processes personal data on behalf of the data controller. Our data processors cannot process your personal data in any other way than as described in the data processing agreement and in this privacy policy. When we use data processors outside of the EU/EEA area, we will provide appropriate safeguards and ensure that effective legal remedies are available, in accordance with GDPR article 46 (1).

Retention and erasure of personal data
Personal data will not be stored longer than necessary to fulfill the purpose of the processing. For example, we delete user accounts after two years of inactivity. Before deleting, we will send you a notice by email to prevent unwanted erasure.  

Information safety
We strive to provide protection for Mill users, so as to prevent the information we save from unauthorized access, tampering, disclosure or damaging. Therefore, we have taken the following measures in particular:

We will review the information collection, storage and processing practices (including physical security measures), in order to avoid a variety of systems from unauthorized access.

We only allow Mill employees who need to know the information in order to help us to process personal information, and personnel who are authorized to deal with service company to access personal information, and they need to carry out strict confidentiality obligations of the contract. If they fail to fulfill these obligations, they may be held liable for legal liability or be terminated their relationships with Mill.

For us, the security of your information is very important. Therefore, we will continue to work hard to protect your personal information security, and the implement storage, security encryption of transmission and other security means, so as not let your information to get unauthorized access, use or disclosure. At the same time, except for the user, other people have no right to access to some of the specific content of the encrypted data.

Disclosure of personal data
Mill will not share your personal data without your prior consent, except in the following cases:

-       We share this personal information with third parties for legal investigation, litigation, enforcement or other legal mandatory requirements.

-       If any restructuring, merger or sale occurs to us. Before transferring personal information, we will notify all affected users.

-       In order to show the overall use of our products or services trends, we may share anonymous information with the public and our partners.

Rights of the data subject
You have the right to access, rectification and erasure of personal data processed by Mill. Furthermore, you have the right to restriction of processing and the right to data portability. If you believe that Mill’s processing of personal data is in violation of data protection legislation, you have the right to appeal to your national data protection authority. 

Mill will respond to inquiries of access of other rights without undue delay and no later than 30 days from the day we received the inquiry, unless special circumstances make it impossible to respond to the request within this deadline. In such case, Mill will provide a preliminary response with information about the reason for the delay and the [probable] time when a response can be given. 

If you have any questions or objections to Mills processing of your personal data, you can contact us by sending an email to appsupport@millheat.com. 

Revision of privacy policy
If we revise this privacy policy, any changes made will be published on this website 3 days before the changes are in effect.

In case of major changes, app users will be notified by email or notified in the app 3 days before the changes are in effect. 

Published: 3rd May 2018

Effective: 25th May 2018

 

Terms of use - Millheat app

Important Tips

Before using Mill WiFi products (hereinafter referred to as “this product”), please read and understand all the rights and restrictions specified in User License Agreement (hereinafter referred to as “this agreement”).

Mill International AS (hereinafter referred to as “we” or “Mill”) strive to always respect and strictly protect all users. We are not subject to any violation in the use of the legitimate rights and interests of the product (including user privacy, user data, etc.)

This product includes, but not limit to, intelligent heaters and products related to Millheat APP software and operated by Mill. The related intellectual property rights (including all copyrights, patent rights, trademark rights, etc.) of this product belongs to Mill International AS.

This agreement (including the privacy policy) is the final, complete and exclusive agreement between the user (including the natural persons, legal persons or other organizations which obtain the products through various legal channels, hereinafter referred to as ”the user” or “you”) and Mill for this product, and replaces and merges the discussion and agreement on the above matters between the parties.

This Agreement shall be legally binding on the use of this product by the user, and you have made a commitment to ensure that you have the right and ability to enter into this agreement. Users’ starting using this product will be deemed to have accepted this agreement. Please read and understand the terms and conditions of this agreement carefully, including exemptions and limitations of Mill’s liability and restrictions on the rights of users (When a minor is reviewing, he/she shall be accompanied by a legal guardian). If you can’t accept all the terms and conditions of this agreement, please do not start using this product.

 

1. Usage

1.1 Account

You need to register a Mill account and provide related personal information on the registering page if you want to use the functions of this product. You must promise and guarantee that:

All the registered information you provide should be true and accurate. You can stop using your account at any time according to the instruction of the Mill account.

This product will retain or terminate your account in accordance with the 5th provisions of this agreement. You must promise to keep your login information secret, not to be acquired and used by others, and to be responsible for all the actions you have under your account. You must notify Mill of any action that may violate the law, unauthorized use or suspected unauthorized use. This product does not bear legal liability for the loss caused by failure to comply with the above requirements.

 

1.2 Network acceleration and fault detection service

In the process of using the product, as for some parts of the use of the scene, after consulting you the product will detect part of the network access behavior in the course of your use. The move is intended to help you make the network accelerate and perform fault detection services when necessary. The test is completed by the software program without any artificial monitoring, and you just need to use the relevant software programs to match and guide you to open the corresponding third party content or page. We promise to make sure that your privacy is not compromised during the use of this product.

 

2.End user agreement

2.1 permission

According to the provisions of this agreement, this product will grant you the following non-transferable and non-exclusive license:

2.1.1 The right to use this product

2.1.2 Download, install, and use the right of the product in all your network communications equipment, computer equipment and mobile communication equipment.

 

2.2 Restrictive clause

This Agreement shall be subject to the following restrictions:

2.2.1 You are not allowed to make any kind of licensing, sale, lease, transfer, distribution, or other commercial use of the product;

2.2.2 Unless the law prohibits such restrictions, you shall not modify, translate, adapt, merge, use, break down, transform, or reverse compile, reverse engineering, etc., for any part or its derivative products;

2.2.3 You may not use this product for the purpose of creating the same or competing services;

2.2.4 You are not allowed to produce, reproduce, issue, sell, download or display any part of this product in any form or method except as expressly provided in law;

2.2.5 You must not delete or destroy any copyright or other proprietary markup contained in this product.

 

2.3 Rights ownership

2.3.1 Mill permits you to use and download this product;

2.3.2 Mill (and its "authorized person", if any) has all the relevant intellectual property rights of the product.

2.4 Expense

You must bear the cost of the purchase of the product, cost for personal Internet access or communication, information and other related costs gathered by a third party. If it involves other value-added services, we recommend that you and the value-added service providers to confirm the related costs.

 

2.5 Any updated version, or update for future version or other changes to this product will be subject to this agreement.

 

3.User content

3.1 User content

3.1.1 User content refers to all the content that is generated when the user downloads, releases, or otherwise use the product (e.g., your information, temperature readings, power consumption, or other content).

3.1.2 You are the only person responsible for your user's content, and you will assume the risk of being identified by you or any third party due to the disclosure of your user's content.

3.1.3 You have agreed that your user's content is subject to the 4th restriction.

 

3.2 feedback

3.2.1 The suggestions (or "feedback") you propose to Mill shall be deemed to be the transfer of all rights of the "feedback" to Mill and you agree that Mill has the right to use this feedback in any reasonable way and related information. We will regard such feedback information as non-confidential and non-proprietary;

3.2.2 You have agreed that you will not provide any information you see as confidential and proprietary to Mill.

3.3 We will retain the right to share the content based on our judgment (rather than obligations).

Whether or not be noticed, we have the right to delete and move your sharing content at any time for any reason. According to the 5th restriction, we have the right to retain or terminate your account.

 

4.Restriction of rights

4.1 You have agreed not to engage in any of the following acts:

4.1.1 Release or share computer viruses, worms, malicious code, intentionally destroy or change computer systems or data software;

4.1.2 gather other user's information or data, such as email address, etc. without authorization

4.1.3 Maliciously use this product in an automated way to cause undue burden on the server or otherwise interfere with or damage the web server and network links.

4.1.4 Attempt to access the server data or communication data of the product without authorization

4.1.5 Interference and damage other users’ access to this product

 

5.Modification and termination

5.1 modification

5.1.1 This agreement allows for change. If there is any substantial change in this agreement, we will notify you by email, notification in the app itself or by the official website (http://www.millheat.com)of this product. After the change notification, continuing to use this product shall be deemed that You are aware of this change and agree to accept the terms and conditions.

5.1.2 Mill reserves the right to modify, retain, or close any service of this product at any time without notice. 

5.1.3 You have agreed that Mill does not need to take responsibility for you or third party for any action of modifying, retaining or closing services of this product.

5.2 Termination

5.2.1 This Agreement shall enter into force as of the date of your acceptance, and shall continue to be valid in the course of your use of this product until the termination of this Agreement;

5.2.2 Notwithstanding the above, if you use this product earlier than the time of your acceptance of this agreement, you understand and agree that this agreement becomes effective the first time you use this product, unless the product is terminated according to this agreement;

5.2.3 We may reserve your right to use this product or the website account in accordance with the law; shall we terminate this agreement at any time for any reason, whether notice has been given or not, including, in good faith, believing that you have violated our acceptable use policy or other provisions of this agreement;

5.2.4 Not subject to the provisions of the preceding paragraph, Mill reserves the right to terminate this agreement if the user violates the copyright of the third person and Mill receives the notice of the copyright owner or the legal agent of the copyright owner;

5.2.5 As soon as this agreement is terminated, the right to use this product shall be terminated. You should be aware that your product termination means that your user content will be deleted from our active database. Mill does not assume any responsibility for your termination of this agreement, including the terminating your user account and deleting your user content.

 

6. The third party

6.1 You know or agree that some of our services are based on technical support from a third party.

You are aware that this agreement is signed between you and Mill rather between you and the third party. Mill is the only responsible person based on the content, maintenance, support services, to ensure that the resulting litigation and other matters produced by the products. You have agreed to comply with and authorized to limit the use of this product to your products.

6.2 Third party information and services

6.2.1 This product contains some information and services of the third party. Mill does not control and is not responsible for the third party's information and services.

6.2.2 Mill provides such information and services for the purposes of your convenience only or for the purposes of the third party's commitment and assurance.

6.2.3 Users need to assume legal responsibility for the risk of using third party information and services.

6.2.4 When users access the third party information and services, the terms and conditions of the third party are applicable.

 

7Compensation

7.1 You have agreed to use this product with no harm and avoid any complaints, lawsuits, losses, damages, liabilities, costs and expenses (including legal fees) from the third party due to any of the following acts or related activities.

7.1.1 The behavior of users using this product;

7.1.2 The act of Users’ violating this Agreement

7.2 Mill reserves the right to exclusively defense and the right to claim compensation.

7.3 You have agreed that unless you obtain the Mill's written consent, you may not be in the form of a unilateral settlement with Mill in the proceedings against the third party.

7.4 Mill will make reasonable efforts to notify you of such litigation, litigation, or processes.

7.5 In any case, this product is not responsible for any indirect, consequential, exemplary, incidental, special or punitive damages liability to you or any third arising hereunder. The risk of damaging the computer system or mobile communications equipment database by accessing and using this product shall be borne by you personally.

 

8. Disclaimer of liability

8.1 In case of any of the following circumstances, the product does not bear any legal liability:

8.1.1 Provide your personal information in accordance with the requirements of the law or relevant government departments;

8.1.2 Any personal information leakage due to your improper use;

8.1.3 Any situation such as service interruption, blocked that cannot meet the user requirements due to hacker attacks, computer virus intrusion, illegal content information, the shielding of harassment information, government regulation and other network, technology, communication line, information security management measures, etc.

8.1.4 Any situation that users cause losses due to the third party such as communication lines fault of the operators, technical problems, network, computer failures, system instability and other losses due to force majeure;

8.1.5 This product prescribes that it doesn’t make guarantee, express or implied, or in any form, on the timeliness, safety and accuracy of the products and its cooperation.

 

9. Privacy policy

As part of this agreement, you can find "Mill - Privacy policy" in the last part of this article. Please read and understand all the contents of the privacy agreement.

 

10. Notice

10.1 The user must provide a valid email address you have recently used in the Mill account. If the e-mail address you provide is not available or for any reason we are unable to deliver the message to you, the product isn’t responsible for the risks due to the above reasons.

10.2 The notices issued by the product and the e-mails sent to you containing this kind of notice undoubtedly constitute a valid notice.

11. Applicable law

11.1 This Agreement shall apply to the constitution of Kingdom of Norway.

11.2 If there is a dispute between the two parties, it shall be settled through friendly negotiation; if not, it should be brought a lawsuit to a court where Mill is located.

 

12.Independence

If for any reason some of the terms in this Agreement is not applicable, other provisions in this Agreement continue to be applied and terms which aren’t applicable will be modified so that it can be applied in accordance with the law.

 

13. Completeness

13.1 This Agreement (including the privacy policy) is the final, complete and exclusive agreement between you and the product concerning the products, and replaces and merges the discussion and agreement of the parties regarding such matters (including the final user license, the terms of service and Privacy Policy).

13.2 The subject of each part is for reading without any legal or contractual obligations.

13.3 Unless mill agrees in writing, you may not assign the rights and obligations set by this agreement. Any action that violate the above provisions and attempt to transfer is invalid.