PRIVACY POLICY

1. PURPOSE

1.1 Smeg S.p.A., with registered office in Guastalla (Reggio Emilia, Italy), c.a.p. 42016, Via Leonardo da Vinci n. 4, F.C. 07947760158, VAT n. 01555030350, registered at the Business Register of Reggio Emilia, telephone n. 0039-05228211, e-mail address [email protected] Code of Ethics at http://www.smeg.com/legal, grants the User, who accepts, the temporary, non-exclusive, free of charge and non-transferable nor sublicensable user licence of the software defined \"SmegConnect PRO\" (henceforth al-so \"App\"), pursuant to the following terms and conditions. The App enables the control, remote use and the flagging of technical problems by the User of some Smeg S.p.A. appliances, which can support said technology (henceforth also referred to as \"Enabled Appliances\"). Information concerning the Enabled Appliances can be found at www.smeg.com. Please note that the specific features of the App are described and/or indicated in the App itself.

1.2 For the purposes of this licence, by App use we refer to the access of the \"SmegConnect PRO\" services, the downloading and installation of the App on the User’s mobile devices, such as smartphones and tablets (henceforth also \"Mobile Device\" or \"Mobile Devices\"), the use of the App itself, of related services and their content, according to the options selected by the User.

1.3 The App user licence is regulated by the provisions of this agreement and by the privacy policy attached to the registration form (as defined under article 1.5 below).

1.4 The App user licence agreement is understood as completed, with full and integral acceptance of the provisions of this agreement by the User, once the User has se-lected the \"Accept\" field and filled in the user registration form.
The failure to select the \"Accept\" field or to fill in the registration form will pre-clude the start and use of the App.

1.5 The installation and actual use of the App is dependant on User registration, to be performed by accessing the App. The registration entails the allocation of access credentials to the App (e-mail address and password). The User acknowledges that registration is reserved for persons of legal age, as determined by the country where the Appliance is used.
The non-registered User will only have access to a demonstration version of the App.

1.6 All licence transfers or sub-licensing by the User are forbidden. The User is respon-sible for keeping his credentials confidential, with the utmost care and diligence, remaining the sole person responsible for the custody and use.

1.7 The User acknowledges and recognises that the use of the App requires a Mobile Device with the following minimum requirements, unless updated. The above min-imum requirements are specifically listed on the following web page https://www.smeg-professional.com/info/smegconnect-pro, under the heading Connectivity Requirements.
The User will be required to verify, constantly and for the entire duration of this licence agreement, the correct and regular operation, updating and maintenance of its Mobile Devices. Smeg S.p.A. and its suppliers shall not be liable for malfunctions ascribable to said devices or to the data connection, or for any possible hacks.

1.8 The User acknowledges and recognises that the Use of the App presupposes the availability of a Smeg branded Enabled Appliance.
Smeg S.p.A. declines all liability regarding access to, and use of, the \"SmegConnect PRO\" App service by Users using an appliance that is not an Enabled Appliance.

1.9 The User's electronic identity (ID), the information regarding the appliance, the con-trols and the options in general that the User selects via the App are transmitted via a data connection and transferred to a server that handles the operations.
Therefore the User expressly acknowledges and recognises that the use of the App implies the User’s access to a Wi-Fi network with an Internet router, through which the appliance and the mobile device can be connected.
Beyond the coverage of the Wi-Fi network, the use of the App presupposes the in-dependent availability of a data connection for the mobile device. The costs of the data connections are borne by the User and depend solely on the data plan and the date agreed with its service provider.
The Appliance can operate off-line like an \"unconnected\" appliance but may not be controlled via the App when the Wi-Fi connection or the data connection are deac-tivated or not working. It will therefore be up to the User to take care and verify that the connection is working. 1.10 For safety reasons and in order to comply with current legislation for some Smeg appliances a few of the functions will not be available via App or will only be availa-ble to a limited extent compared to what can be done via manual operation of the appliance. For the information related to the functional limitations of the Enable Appliances please refer to the instruction manual provided with the purchase of the appliance. For said Appliances in order to access these functions, a manual activa-tion will have to done on the Appliance itself.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 The \"SmegConnect PRO\" App, as well as the trademarks \"Smeg\", \"SmegConnect\" and \"SmegConnect PRO\" (hereinafter the \"Trademarks\"), are protected by intellec-tual property rights.
This licence does not entail the assignment to the User of any ownership rights over the App and/or the Trademarks, nor is the ownership of any kind of rights besides the licence of use of the functions of the App itself for the time the licence is effective.
As between the User and Smeg S.p.A, Smeg S.p.A. is the sole owner of the property rights, including intellectual property rights, over the App, as well as all moral and economic exploitation rights, including the rights of reproduction, translation, adap-tation, transformation, modification and distribution under whatever form and without any limitation, including the sale and rental of its copies and its modified or updated versions.
The ownership of all the App’s object codes and source codes is retained by Smeg S.p.A. and/or those who have developed the App on behalf of Smeg S.p.A., as are all the elements, components, applications, versions, development, updates and soft-ware connected to or derived from the App, which might have been licensed out to the User.

2.2 Through this licence, Smeg S.p.A. does not grant any right or final ownership of the App to the User.
The User many not in any way dispose, sub-licence it in any way, allow the devel-opment, assign nor, in any other way whatsoever, make the App available to third parties, either for payment or for free.
The User may not reproduce, translate, adapt, transform or modify the App or any part contained therein except as may be permitted by applicable law, nor may it cause or allow its decompilation, nor may it appoint third parties to perform said activities. 2.3 As soon as the Mobile Device on which the App is installed is transferred to third parties, for whatever reason, even on a temporary basis, the User must remove the App. What has been agreed under article 1.6 regarding the User's liability for the custody and the use its credentials with regard to third parties shall in any case hold true, including those who may use the App owing to the fact that they have the use of the User's Mobile Devices.

2.4 All the techniques, algorithms and procedures contained in the App are confidential information owned by Smeg S.p.A and/or who has developed the App on behalf of Smeg S.p.A.

2.5 All registered or unregistered trademarks relative to the App and to Smeg S.p.A., in-cluding, but not limited to, the Trademarks, shall remain the exclusive property of the latter and/or the legitimate right holders, without the entering into this licence results in the User acquiring any rights over the same.

2.6 Smeg S.p.A., if it should become aware of inappropriate use of the App, the Trade-marks and/or, in general, violations of the prohibitions outlined in this article, may terminate this licence with immediate effect without the need for formal notifica-tion and with no prejudice to the right to compensation for damages.

3. SERVICE AVAILABILITY. UPDATES AND REVISIONS

3.1 The App's update is included in this licence, for its entire duration.

3.2 The availability of a new update shall be communicated to the User automatically.

3.3Notwithstanding the provision of art. 3.5, where applicable, it is understood that Smeg S.p.A. has no obligation to update and further develop the App.

3.4Notwithstanding the provisions of art. 3.3 and art. 3.5, where applicable, Smeg S.p.A. may provide the User with the updates and revisions issued with reference to the App. The User may download said updates and revisions. However, Smeg S.p.A. suggests that all updates and revisions be downloaded and installed whenever avail-able in order to ensure the best performance of the App. The User is hereby notified that certain updates may be compulsory and represent a condition for the use of the App's functions.
Smeg S.p.A. declines any and all liability for App errors or the incorrect transmission or reception of the data if the App has not been updated by the User, except in case of the gross negligence or wilful misconduct of Smeg S.p.A. and any other liability which cannot be excluded or limited under the applicable law.

3.5Where required by applicable law, Smeg S.p.A. undertakes to: a) inform the User of the updates, including security updates, that are necessary to keep the App in con-formity; b) supply the User with these updates; c) provide the User with the related installation instructions.
Smeg S.p.A. shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, provided that: a) Smeg S.p.A. informed the consumer about the availability of the update and the consequences of the failure of the User to install it; and b) the failure of the User to install or the incorrect installation by the User of the update was not due to shortcomings in the installation instructions provided to the User.

3.6 All the clauses of this licence shall apply to the updated or revised App.

3.7 It cannot be ruled out that in order to improve the service Smeg S.p.A. may tempo-rarily interrupt the availability of the service in order to carry out technical opera-tions intended to ensure the correct working of the connectivity system of the ap-pliance and/or the App. In this case, on using the App, the User shall receive an ap-propriate warning that the service is temporarily suspended due to these technical operations. The User releases Smeg S.p.A. from all liability which may arise from this temporary suspension, except in case of gross negligence or wilful misconduct of Smeg S.p.A. or any other liability which cannot be excluded or limited under the applicable law.

3.8 Smeg S.p.A. may also, if necessary and advisable, regarding circumstances that the use of the App may highlight, to modify the conditions of user licence of the App. In the event of changes that are not mere corrections of formal errors, Smeg S.p.A. shall inform the User specifically to obtain a new acceptance, specifying the date on which said changes shall come into effect. The User shall be free to accept or refuse these new conditions, being fully aware, in this second instance, that Smeg S.p.A. may withdraw the licence, and thus terminate it, at the time when the new condi-tions come into force.

4. USER OBLIGATIONS

4.1The User is required to use the App in compliance with this agreement.

4.2The use of the App by the User requires the submission of some of its data during the registration, as well as the access by Smeg S.p.A. and/or its suppliers to the data that can be produced as a result of the use of the App and the Enabled Appliance operated using the App.
Regarding the conditions of processing and conservation of data, as well as the Us-er’s rights in relation to its own data, express reference should be made to the pri-vacy policy, to be considered an integral part of this agreement, provided to the User at the time of registration.

4.3 Some of the App's functions, present directly or as a result of redirection to ap-propriate websites, enable the User to take advantage of additional services of third parties (see article 5.5 below) to those expressly dedicated to the operation of the Enabled Appliances or the related support of them. The User acknowledges that the use of said applications requires the processing of data by Smeg S.p.A. and/or its suppliers, for the purposes and according to the terms and conditions set out in the privacy policy.

5. GUARANTEES AND RESPONSIBILITIES. THIRD PARTY SERVICES

5.1 The User acknowledges that the version of the App for which a licence has been granted is subject to improvements and evolutions.

5.2 Smeg S.p.A. shall not be in any way liable for the failure or partial operation of the App if caused by the original or subsequent lack of technical suitability as de-tailed under art. 1.7, by the failure to update the Mobile Device by the User, its malfunction, even if temporary, for whatever reason, nor through the failure to install App upgrades or revisions provided by Smeg S.p.A. according to the provisions under article 3
Smeg S.p.A. shall not be held responsible for the failure or partial use of the App owing to the suspension, interruption or malfunction of the Wi-Fi or internet connection, nor, more generally, for any damages caused by actions or failures caused by negligent conduct or wilful misconduct of third parties and/or any conduct it cannot control

5.3 The User is liable for the use of the App and the instructions sent via the App to the connected Smeg appliances.
To the maximum extent permitted under applicable law, Smeg S.p.A. declines all liability for damage caused to Smeg appliances, User or third party’s property, the User itself and any third parties as a result of the instructions forwarded by the User via the App.

5.4 Smeg S.p.A. declines all liability regarding the operation of the App, in the event of a failure by the User to abide by this licence agreement of the user instructions found on the App itself.

5.5 In the App the User may find additional services made available by third parties. Said services, which are not specifically connected to the operation of the appliance and its basic use, integrate the services provided by Smeg S.p.A. and can freely be selected by the User. For the most part these are services provided directly by third parties, accessible independently by consulting the websites owned directly by said third parties. The App contains the connection to said third party websites and their services. The User's activation of said additional services implies the User's intention to access said services that are beyond those directly owned and provided by Smeg S.p.A. The conditions of use of these additional services and the processing of personal data collected for these additional services are entirely established by the owners of the same and can be viewed on the related website and applications. Smeg S.p.A. is not liable for the content and operation of said additional services provided by third parties, or for the related processing of personal data.

6. DURATION AND TERMINATION OF THE LICENCE

6.1 This licence is free of charge and has an undetermined temporary duration, with the right to withdrawal by the User at any time and without the need for advance notification while Smeg S.p.A. may withdraw by notifying the User by e-mail or telephone at the contacts provided with at least 30 (thirty) days prior notice. The User's withdrawal may take place by cancelling the App's user account and deactivating the App.
The User should note that if the User exercises the right to delete its personal data which are necessary for the use of the services provided through the App the cancellation of which does not allow the basic operation of the App, this shall be equivalent to withdrawal from the agreement. Equally the licence shall be terminated if the User exercises the right to limit the processing of its data if the processing allowed does not allow the basic operation of the App.

6.2 Smeg S.p.A. may withdraw the licence with immediate effect in the circumstance foreseen by art. 3.8 and in the event of a failure to comply with any warning addressed to the User indicating a term of 5 (five) days for compliance with the ob-ligations pursuant to this agreement.

6.3 In the event of revocation or termination of this licence for whatever reason, including withdrawal, the User must immediately cease to use the App and proceed to remove it from its Mobile Device. In any case, the User expressly acknowledges that the deactivation of the App, pursuant to the verification of above conditions, may be performed by Smeg S.p.A. or by the authorized suppliers.

7. APPLICABLE LAW AND JURISDICTION

7.1 Subject to Article 7.3, this Agreement is governed by Italian Law. The applicabil-ity of the UN Convention on Contracts for the International Sale of Goods (CISG), its updates and modifications is expressly ruled out.

7.2 Any dispute between the parties regarding the interpretation, validity, execu-tion and termination of this licence shall be exclusively referred to the Court of Reggio Emilia with the exception that, where the User is a consumer, the User shall have the right to bring any proceedings in the country in which it is resident or domiciled. The User acknowledges and agrees to Smeg S.p.A.'s right to undertake court action against the User or his/her heirs before the judge of the place where said User is resident or domiciled.
For any concerns connected to this licence agreement, the User may send an e-mail to the e-mail address [email protected], or, in case it is not satisfied with the solution proposed, still in order to find an amicable solution, a User may access the web site http://ec.europa.eu/odr, which is available in any language of the European Union.

7.3 If the User is a consumer, User will benefit from any mandatory provisions of the law of the country in which it is resident. Nothing in this Agreement, including the paragraphs above, affects Users rights as a consumer to rely on such mandatory pro-visions of local law.

8. MISCELLANEOUS

8.1 This licence, integrated by the conditions expressly recalled, including the pri-vacy policy, constitutes a binding representation of the agreements reached by the parties. The User may view and print these licensing conditions by selecting the ap-propriate option in the \"App Settings\" section.

8.2 If one or more clauses of this agreement are deemed void, this shall not affect the validity of the agreement in its entirety.

Pursuant to article 1341 and 1342 of the Italian Civil Code, the User specifically ap-proves and agrees on the following articles: \"Service availability. Updates and revisions\", \"Guarantees and responsibilities. Third party services\", \"Duration and termination of the licence\" and \"Applicable law and Jurisdiction\".

Version: 2022 (I)

PrivacyPolicyTitle : \"SmegConnect\" - App Privacy Policy PrivacyPolicy :

Dear User, thank you for choosing a Smeg S.p.A. connected professional appliance (hereafter also \"professional appliance\"). Once configured using the SmegConnect PRO App (hereafter \"App\") and connected to your home Wi-Fi network, your professional appliance will be able to send information to Smeg S.p.A. (\"Smeg\", \"we\" or \"us\") so we can provide you with specific services and to send you notifications and communications.

1. ABOUT US

1.1 Data Controller
The data controller of your personal data is Smeg S.p.A., with its registered office in Via Leonardo da Vinci, 4 – 42016 Guastalla (RE), F.C. 07947760158, VAT No. 01555030350. You can contact Smeg by writing to the address above or by emailing [email protected].

1.2 Data Protection Officer (\"DPO\")
The Data Protection Officer (\"DPO\") for Smeg can be contacted by emailing [email protected] or by writing to the DPO at Smeg's office address listed above.

2. WHAT DATA WE PROCESS THROUGH THE APP

When you access the App, register your professional appliance and connect it to the App itself, use the services offered or request assistance and support, Smeg processes personal data relating to you, your professional appliance and how you use it.

2.1 Information that you provide directly
When you register, we collect the following personal data provided by you directly:

• personal and contact details (name, surname, email address, country, city, address, password);
• additional contact details if provided (telephone and mobile number), number of family members, date of birth and gender;
• your home Wi-Fi network name and password.

2.2 Information acquired by Smeg as a consequence of using the App
When you register, we acquire data about the smartphone and/or tablet used to install the App, data on use of the App itself, as well as the IP address of the device. During your use of the App, Smeg collects information about the device used and how the App is accessed, including IP addresses, device model used for access, operating system installed, URI (Uniform Resource Identifier), access token. In order to allow for the App to function correctly, information available on the device may also be processed, such as position of the device and information on your Wi-Fi connection.

2.3 Information acquired by connecting and using the connected professional appliance
When you connect your professional appliance to your home Wi-Fi network, Smeg receives data on the connected professional appliance purchased (type, specific model, and serial number) and data on the functioning and status of the connected professional appliance (for example, active/off) and the errors codes on the connected professional appliance (i.e., \"temperature error\"). Those data are sent at regular intervals to Smeg.
Smeg collects and uses, in aggregated form, data on use of the services of the connected professional appliance (for example, frequency of door opening, use of professional appliance, programme used, temperature set, etc.).
You can, at any time, uninstall the App or deactivate your profile, but even if you do not use the App, uninstall the App or deactivate your profile, your professional appliance, when connected to the Wi-Fi router, will continue to send to the Smeg server the data on use of the services of the connected professional appliance. If you do not wish Smeg to collect the data sent at regular intervals to the Smeg server by your professional appliance, we invite you to disconnect it from your home Wi-Fi router. Note that this disconnection will prevent you from using the services linked to the connected professional appliance even if your profile is still active.
Smeg collects and uses personal data about the activation and operation of the Sabbath mode. This function Smeg provides the Sabbath mode, which may be used by all owners of a connected professional appliance, is particularly helpful for requirements of a religious nature, including religions observing the Sabbath or Jewish religious holidays. By activating the Sabbath mode, you can programme the professional appliance to exclude its operation on some days and to delay its start-up. When using this function, we process information from which your religious beliefs or your racial or ethnic origin could be inferred.

3. WHY WE PROCESS YOUR DATA

3.1 Purpose of data processing and lawful basis for processing
In this section, we explain the purposes for which we process your personal data and the conditions on which we base that processing.

1. Where the processing is necessary for the performance of a contract between us and you or for pre-contractual measures, including to allow you to use the App, to register the connected professional appliance and to use the services and functions offered to you by its use, for support and maintenance purposes (therein including sending to you the respective notifications and communications relating to your profile and to the customer service), to manage your profile and provide you with the services requested by you.
2. With your consent, to send you sales and promotional communications (by automated means such as e-mail, SMS, push or in-app notifications, as well as by operator telephone calls) for Smeg products, Smeg group companies products and/or our commercial partners' products (for example, offering an extension third party warranties) and initiatives and events organised by Smeg
3. On the basis of our legitimate interests (where our interests are not overridden by your data protection rights),
   1. to conduct analytics so we can understand how our professional appliances are used so we can improve their performances or correct any errors so as to offer to you and other users increasingly safe services in line with market demands;
   2. to provide you with offers or communications that are suited to your profile, according to your usage habits of the connected professional appliance and the services offered through the App (for example, communications on accessories, spare parts when we believe that they may be due to be replaced as a result of wear, or other products useful for the best functioning of the connected professional appliance);
   3. to verify it is you who is using the App and managing the professional appliance, protecting you from any improper use by unauthorised third parties;
4. With your consent, to enable you to programme your professional appliance using the Sabbath function to exclude its operation on some days and to delay its start-up.

3.2 Nature of provision

For some processing operations and purposes, we need your data (these data are marked with an asterisk). In other cases, you are free to choose whether or not to let us have your data.
he provision of some of the data for the purposes indicated in paragraph 3.1 A) is necessary (in which case, it will be marked on the registration form with an asterisk); if you do not provide this data, it will not be possible to create the user profile, to register the connected professional appliance, to fully use all the functions of the App and the connected professional appliance or to receive support.
The provision of other requested data is optional. We will explain any consequences of not providing this data at the time we ask for it.

4. HOW LONG WE PROCESS YOUR DATA

We process and store your data only for the time necessary to allow us to perform the activities indicated in paragraph 3.
The data will be stored for the time strictly necessary for the purposes for which they were collected and subsequently processed and in any case for a period not exceeding 5 (five) years from the latest appliance connection, subject to other and more specific time limits imposed by the statutory regulations.
For the purposes indicated in paragraph 3.1 B), we will remove your information from our marketing database at the time you object to processing related to direct marketing (though we will keep a record of your objection to ensure we do not send you further direct marketing).
If you deactivate your profile linked to the connected professional appliance, the data on your personal profile will be promptly erased from our systems.

5. WITH WHOM DO WE SHARE YOUR DATA AND WHERE

To help with the functioning of the App and the services connected to it, Smeg engages third parties to perform specific services and these third parties process your personal data. Access to the data by those entities is guaranteed by specific contractual restrictions imposed by Smeg which limit their use only for processing necessary to enable use of the App and the provision of the services provided by Smeg.
In principle, Smeg stores your personal data in Italy or in the European Union. If personal data is transferred outside the European Union, Smeg will enter into specific European Commission-approved standard contractual agreements that bind the supplier in order to safeguard the data. To obtain a copy of the documents used to protect your personal data, please contact us at [email protected].

5.1 Scope of communication and dissemination
Your data will be transferred to personnel authorised by Smeg and to third parties that provide services to us, including companies that provide assistance and support for the maintenance, functioning and after-sales support of the connected professional appliance and which offer technical support activities on registered products and may access information on any reported anomalies or malfunctions.
Smeg also uses suppliers that offer, at their data centres, hosting services of data collected via the App as well as companies that offer technical assistance and that deal with developing the App. They access the data to provide support services in the event of malfunctions or data migrations. In particular, Smeg obtains services from Reply S.p.A. and the hosting services of Amazon Web Services.
Where we process your personal data for marketing purposes, your data will be processed by service providers, including marketing agencies, for purposes relating to the management and transmission of sales information (by e-mail, telephone with operator), market research or other promotional activities such as prize competitions and events.
To obtain further information on the third parties with whom we share your data, contact Smeg at [email protected].
In addition, your data will be communicated to freelance professionals such as external auditors and consultants, consultancy companies, competent authorities (in fulfilment of legal obligations), Smeg group companies situated in the European Union, or authorised support centres for the purposes of providing support and maintenance activities related to the connected professional appliance, or to the maintenance service under warranty.
Finally, if Smeg is involved in corporate operations or transactions, including if Smeg is sold or integrated with another business, your personal data could be communicated to entities involved in those corporate operations or transactions (for example, our counterparties) and to the professional advisors that support Smeg or our counterparties in carrying out such operations or transactions.

6. RIGHTS GRANTED TO YOU BY LAW AND HOW TO EXERCISE THEM

You have certain rights in relation to your personal data, including the right to object in certain circumstances. You can exercise these rights at any time and free of charge by contacting us using the contact details set out in paragraph 1.1. Smeg will do everything necessary to facilitate the exercise of your rights.

6.1 Rights of data subjects
When you register, we collect the following personal data provided by you directly:

• You have the right to: receive confirmation of whether or not data concerning you are being processed, to access their content and obtain a copy (right of access);
• update, modify and/or rectify your personal data (right of rectification);
• request the erasure or restriction of data processing in the circumstances provided by the Regulation, therein including where the data have been processed in violation of the law or where the storage is not necessary in relation to the purposes for which the data were collected or otherwise processed (right to erasure and right to restriction);
• withdraw consent where provided, at any time and without prejudice to the lawfulness of the processing based upon consent provided before the withdrawal (right to withdraw consent);
• in certain circumstances, to receive a copy of the data provided by you, in a structured, commonly used and machine-readable format and to request that the data are transmitted to another data controller where technically feasible (right to data portability);
• the right to object to processing in certain circumstances (in particular, where we do not have to process the data to meet a contractual or other legal requirement and in relation to processing for direct marketing purposes) (right to object);
• the right not to be subject to a decision based solely on automated decision-making.

To exercise your rights, you contact us using the contact information in paragraph 1.1 at any time.
If you believe that your data has not been processed in compliance with data protection law or you have an unresolved complaint in relation to our processing, you may lodge a complaint with the supervisory authority of the member state in which you reside or work or the location in which the alleged violation occurred

7. ADDITIONAL USEFUL INFORMATION

The App may contain links that direct you to the websites of third parties. We have no control over the processing of your personal data on those websites. Therefore, please read the privacy policy that can be consulted on those websites.

8. UPDATE OF PRIVACY POLICY

This privacy policy may be updated over time. Please visit this section regularly to read any changes. On some occasions we may notify you of changes via the App or by e-mail, as deemed most appropriate by Smeg.

Version: 2022 (I)