Heat generators can be accessed on the Internet through the online portal using the Hoval software (mobile or web-based applications) via a PC, smartphone etc.
The Hoval software includes all functions and information in the form of a mobile or web-based application which are made available to the customer in connection with the System via the online portal or in another form as well as generally available updates, debugging and otherwise modified versions.
The Customer agrees that in the event that services are required from Hoval or one of its third parties in the scope of the transfer of ownership, all these services will be separately remunerated according to the work required and that the Customer will keep Hoval free from damage or complaint compensation claims which the person receiving the transfer or third party has incurred due to missing or delayed notification of the transfer by the Customer.
Hoval recommends the installation or retrofitting of the Gateway with the heat generator by a service technician from the Hoval regional subsidiary, a Hoval sales company or a specialist third party for a separate fee. The Gateway connects following activation with the infrastructure by Hoval and sends a clear identifier which is connected to the Customer following user registration.
From this moment, the Customer logged on via the online portal can effect remote access to the heat generator. There is no direct connection between the end device accessing the portal (for example, computer, mobile end device) and the Customer’s heat generator. The data transferred is redirected to the TopTronic® E online server infrastructure and saved in a database there.
Depending on the authorisation Hoval grants it is possible for a Customer to invite more people to his or her HovalDesk via his or her HovalDesk. Assignment is carried out via e-mail invitations and a randomly generated password sent to these people who can then log in via the HovalDesk and must accept these usage conditions in the registration process. The Customer remains responsible for the correct use of the HovalDesk, in particular for adhering to data protection requirements. S/he is the contact person in this matter for any people s/he has invited. Hoval accepts no liability for any resulting damages.
Hoval reserves the right to interrupt access to the System, insofar as there are compelling reasons. Compelling reasons include, for example, necessary maintenance work to servers, programs or other required infrastructure, rectification of faults or security breaches, unauthorised access to data or other circumstances. These short-term restrictions or faults do not form the basis for liability or guarantee claims from the Customer to Hoval.
Hoval reserves the right to transfer the System to a more developed one in the wake of advancing technological developments and, if necessary, to stop the operation of the System or individual components which were applicable up to that point. Hoval will inform the Customer of this in good time. Transfer to a new System may be associated with costs which are to be born by the customer.
Costs incurred by Hoval in the resolution of access problems the Customer has to the System are born by the Customer. Access problems which can be traced back to the hardware provided by Hoval (for example, TopTronic® E online Gateway, within the guarantee period) or the server infrastructure remain reserved.
Short-term restrictions to the System do not form a basis for a guarantee or liability claim by the Customer to Hoval.
Hoval is exclusively liable for damage insofar as intent or gross negligence can be proven. Liability for negligence, indirect damages and resulting damages, property damages, lost profit and for damages from claims from third parties is excluded in all events insofar as this is permitted by the applicable law. Hoval will, in particular, accept no liability for damages resulting to the Customer due to faults or operational interruptions in its own infrastructure or for damages for which the Customer or third party is liable. Hoval also particularly excludes liability for damages which are caused by Internet attacks or viruses or by the use of third party software.
The Customer agrees that the services from Hoval or its commissioned third party in the scope of resolution and recommissioning of the System, including services on location, are to be compensated by the Customer separately depending on the amount of work performed.
Location independent and user-friendly control of the Systems via the Hoval TopTronic® E online can be achieved by processing this data. This usage contract forms the basis for the provision of data by the Customer and its processing by Hoval. Data received via the Gateway is processed centrally by Hoval.
Hoval makes the data available within the Hoval group, the Hoval regional subsidiary responsible for the Customer or the affected Hoval sales partners for administrative purposes and the provision of services by guaranteeing them access to this data. This includes access to user data as well as technical System information in order to be able to identify and resolve errors.
Hoval can guarantee an installer access to Customer data restricted to maintenance and fault resolution with the written consent of the Customer. A prerequisite is the proof of a valid maintenance or service contract between the Customer and installer containing the consent, its extent and the revocability of the consent of the Customer. Hoval provides the installer with the data to the extent to which the Customer has provided consent until its written revocation. Hoval does not accept any responsibility for the use of data by the installer, in particular whether the installer may pass on the data and for what purposes s/he processes it. Access can be blocked by Hoval at any time if there is no longer compliance with the conditions of this usage contract or the usage conditions.
The data will be used within the Hoval group for direct advertising in order to draw the Customer’s attention to further optimisation options which result from the evaluation of the data when using Hoval products. The evaluation of data regarding the use of Hoval products can lead to profiling, especially the details regarding controls could lead to conclusions about the daily habits of the Customer. However, automatic decisions which could have an effect on the Customer are not made at any time. Hoval will take appropriate technical and organisational measures for the implementation of this data processing.
Finally, Hoval processes and analyses the data received for the evaluation of its own product series (for example, likelihood of faults) for the further development of its Systems and for various further analyses of its own market position. The data regarding its own development, products etc. is not based on personal data, rather it is only created on the basis of the System data generated and transferred by the System. There is no assignment to a natural person.
The data is saved for the duration of the contractual relationship with the Customer and for as long as anticipated in the scope of the Hoval data security concept. After this usage agreement is ended with the Customer, the data may still be processed for statistical purposes. Hoval endeavours here to make anonymous any personal reference which would enable historical assignment.
All questions or information requests in connection with the processing of personal data within or in connection with Hoval TopTronic® E online, in particular for the correction of data, deletion requests or further details can be asked either by telephone: +423 399 24 00 or via e-mail: firstname.lastname@example.org. The Customer is also free to make such requests via a Hoval regional subsidiary or a Hoval sales partner which will ensure the request is forwarded to Hoval.
Should Hoval fail to comply with a data security obligation in the Customer’s estimation, the Customer is free to make a complaint with the relevant supervisory authority. The main headquarters for Hoval in the sense of data protection regulations is in Liechtenstein.
The jurisdiction for disputes resulting from these usage conditions is the district court in Vaduz, Liechtenstein. Hoval is also authorised to take action against the Customer in the jurisdiction of its place of business.