Whirlpool EMEA Connected Appliance Services Privacy Statement
SUMMARY (defined terms have the meanings set out in this Privacy Statement)
Information collected by Whirlpool
When you register a Connected Appliance, we will ask you to provide certain information about yourself.
If you connect and use a Connected Appliance, we will collect information about your Connected Appliance and your use of Connected Appliance Services and associated software applications.
How Whirlpool Uses and Shares Collected Information
We use information we collect from you to provide you with the Connected Appliance Services, for troubleshooting and maintenance, and to communicate with you about your account or your appliance.
To help you get the most out of your Connected Appliance, we may use information we collect from you to offer you suggestions about relevant consumables and other products connected with your use of your Connected Appliance, for example by offering you URL links to information about those other products and, where you have consented, by contacting you by email or letter or other means of communication about this.
We will not share your Personal Data with third parties inside or outside our group of companies for marketing purposes without your consent.
Subject to applicable data protection law, we may disclose your Personal Data (also referred to as personal information) with third parties inside and outside our group of companies for the purposes described in this Privacy Statement (in this Privacy Statement “non-affiliated third parties” means persons outside the Whirlpool group of companies, and “affiliated third parties” means persons inside the Whirlpool group of companies).
We may share aggregated data (which is data in anonymised form such that it does not and cannot be used to identify you, and which for the avoidance of doubt excludes your Personal Data) with non-affiliated and affiliates third parties, as described in this Privacy Statement.
Correcting Personal Data and exercising your rights under applicable data protection law
You may at any time ask to review, correct and update your Personal Data, opt out of certain Connected Appliance notifications and communications, deactivate your account, and stop transmission of data from your Connected Appliance.
You may do this and, in addition, contact us at any time with regard to your Personal Data, by using the contact details provided below.
Thank you for choosing a wi-fi enabled home appliance (“Connected Appliance”) by Whirlpool. 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 to Whirlpool and providing you with services and notifications. In addition, 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 associated functions and services. This Privacy Statement applies to your use of such services and Applications (together, the “Connected Appliance Services”).
This Application is operated and managed under control of Whirlpool Europe S.r.l. Socio Unico, a company set up according to Italian laws, having its registered office at Comerio (VA) Viale G. Borghi 27, Italy, 21025, duly registered in Varese with number 01534610124 , and V.A.T. number IT01534610124 (hereinafter “Whirlpool”, “we”, “us”, “our”). Whirlpool, in its capacity as your data controller, and which is part of the global Whirlpool group of companies (“Whirlpool Group”), is/are committed to ensuring the protection and confidentiality of your personal information.
In this Privacy Statement we use the term personal information interchangeably with “Personal Data”. Personal Data is the term used in applicable data protection law. This means information which relates to you as an identified or identifiable individual. It is information that identifies you or which could in conjunction with other information be used to identify you.
The purpose of this Privacy Statement is to inform you about what Personal Data we collect, how it is processed, for which purposes, with whom it may be shared, and how you may exercise your individual rights to access, update, rectify or erase such information. For completeness, we will also reference Connected Data in this Privacy Statement because in certain circumstances this could be used alongside your Personal Data in such a way as to identify your own use of the Connected Appliance.
II. INFORMATION COLLECTED BY WHIRLPOOL
In order to provide you with the benefits of using the Connected Appliance Services, such as notifications when your refrigerator door is open, customized cycles and helping to control your energy usage, Whirlpool collects certain information from your Connected Appliance (and, where applicable, from associated devices and applications).
1. Personal Information that You Provide to Whirlpool
When you register your Connected Appliance, you provide certain personal information to Whirlpool, including but not limited to your name, address, email address, and cell phone number.
2. Information Automatically Collected by Whirlpool
Once you have registered your Connected Appliance, Whirlpool will also automatically collect the following types of information (“Collected Data”) from the following sources on a periodic basis:
Connected Appliances: your Connected Appliance’s 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 Appliances, and your utility electric or gas rate plan (or your area’s general rate plan).
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.
III. USE AND SHARING OF PERSONAL DATA AND COLLECTED DATA
Whirlpool may use and share your Personal Data and Collected Data to provide you with the Connected Appliance Services, including:
providing you with troubleshooting and maintenance notifications;
communicating with you about your account or your appliance (including for product service and warranty issues);
providing you with suggestions within the Application to improve performance and use of the Connected Appliances, such as information about alternative cycles or options to reduce energy consumption, what products to use to maintain the appliance in peak shape or to improve performance, accessories or components to add, increase or restore Connected Appliances functionalities, and providing you with links within the Application where, if you click on or to access those links, information suggesting some products such as those described in this section c) can be found and this information may for instance be on a separate webpage;
sharing it with other Whirlpool Group entities for the same purposes as above explained.
Please note that the provision of your Personal Data and Collected Data is entirely voluntary. However, if you wish to enable the Connected Appliance Services, you will need to provide this type of data to us. Please note that, unless we have accurate Personal Data from you, we will not be able to provide you with the Connected Appliance Services. In respect of item c), you are free to choose whether or not to click on the links provided to you within the Application. If you do not wish to see the information about the products described in item c) please do not click on the links. In this way you can choose not to participate in the extra service described at c) above. You are free at any time not to click on the links provided to you through the Application.
Personal Data and Collected Data will be collected and processed fairly and lawfully for the above purposes by our staff when they are dealing with administration, accounting, customer care, IT systems administration, management, maintenance and development, marketing, surveys and promotions, as relevant to the purposes described in this notice. Your Personal Data and the Collected Data will be stored on Whirlpool Group databases (this means it will be shared by Whirlpool with other members of the Whirlpool Group). In addition, it may be stored on databases managed through external third party providers of hosting services, with which the relevant member(s) of Whirlpool Group has signed an agreement in compliance with the applicable data protection laws. These databases are typically located in the European Union territory. A list of such external providers is available on request.
Whirlpool may also share Personal Data and Collected Data with external third parties acting or performing functions on our behalf, such as call center operators, shippers, service providers or field call engineers. A list of such external providers is available on request.
Certain Personal Data and Collected Data could also be reported to government authorities, law enforcement and regulatory authorities and other public bodies in the relevant local territories, where required or permitted by law, in general for legal and tax purposes. In addition, it may be shared with all such authorities and public bodies where it is reasonable to do so to protect Whirlpool Group’s businesses, customers, staff or suppliers. It may be shared with external parties in response to legal process, to respond to an emergency or to enforce our agreements, corporate policies, or to protect the rights, property or safety of Whirlpool Group’s businesses, customers, staff or suppliers. Furthermore, it may be disclosed to actual or prospective purchasers or partners and their professional advisors, for exploring any proposed sale or transfer of Whirlpool or any other part of the Whirlpool Group, or its or their business or assets, commercial partnerships or joint venture arrangements that may arise from time to time, to the extent that anonymisation is not possible or feasible. On completion of the transaction, purchasers and partners may use the information for the same purposes as set out in this notice.
Except as described above, Whirlpool will not share your Personal Data or Collected Data with any third parties without your prior consent.
2. Transfer Abroad
Local privacy laws allow Whirlpool to transfer Personal Data and (as relevant) Collected Data to countries or territories outside of your own country and outside of the European Economic Area (“EEA”), provided that you have given your consent in advance or another legal justification exists and an adequate level of protection is assured.
Some staff of Whirlpool, other Whirlpool Group entities, third parties acting as our service providers on our behalf, and carefully chosen partners may also be located outside your own country, and even outside of the EEA. For instance, providers of IT maintenance services to Whirlpool may be located outside the EEA. Whirlpool take steps with a view to ensuring that such transfers are conducted in accordance with European Union and applicable law principles and requirements, and that appropriate security measures are in place to protect the Personal Data in such countries/ territories.
3. Aggregated and Anonymised Data
Whirlpool may aggregate and anonymise the Personal Data and (as relevant) Collected Data in such a way as to ensure that it does not include, and is definitively and irreversibly not associated with, your Personal Data and does not identify you specifically. This type of data is not governed by applicable data protection laws. Whirlpool may share the aggregated and anonymized data with companies in the Whirlpool Group, and with business partners and other third parties who are outside of the Whirlpool Group. Whirlpool and all such other persons may use the aggregated any anonymised data for research purposes (including to help Whirlpool improve its products), and to develop better products for Whirlpool, Whirlpool Group and its/their customers, among other uses. Whirlpool and companies in the Whirlpool Group may also 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. In addition, such aggregated data may be shared with other consumers to help them compare their energy usage to other Connected Appliance users.
4. Safeguarding your Personal Data
Whirlpool and the Whirlpool Group takes all reasonable steps with a view to maintaining the security of the data you provide us, and to maintaining appropriate security measures to protect your Personal Data, in compliance with applicable laws and standards. Please remember that no electronic communication over the Internet can be guaranteed to be 100% secure. 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.
IV. PREFERENCES, OPTING-OUT AND OTHER RIGHTS
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 open) 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. 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 does not include, and is not associated with, your Personal Data and does not identify you specifically will continue to be transmitted to Whirlpool.
3. 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).
4. Marketing Communications
We will not use your Personal Data for the purpose of sending you any direct marketing communications except with your prior consent. Accordingly, if you decide to opt-in to receive suggestions from Whirlpool, by email or letter, about consumables and other products connected with your use of your Connected Appliance, we will use your Personal Data to send you that type of marketing communication. Please see the opt-in consent mechanism related to this which is at the end of this Privacy Statement.
Please note that these types of marketing communications promote products or services and they are entirely distinct from the notifications via the Application (e.g. notifications regarding cycle completion or when your refrigerator door is open) as part of the Connected Appliance Services which are mentioned above. To change your preferences in respect of those (non-marketing) notifications – please see above.
5. Deactivation (de-registration) of Account by You
You may choose to deactivate (de-register) your account at any time by writing to our Privacy Officer at the address indicated in the section 9 below. 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 anonymised and aggregated form for the purposes described in Section III (3) 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.
6. Service and Other Safety Notifications
As long as you have not de-registered from the Connected Appliances Service, Whirlpool reserves the right to contact you in the event of a safety or service notification for your appliance (e.g. a recall notice) regardless of your stated privacy preferences. This means that, on the basis these types of service or safety notification are permitted by applicable data protection law, your Personal Data and Connected Data will be processed and used for this purpose even if you have not given your consent for this.
7. Retaining your Personal Data
If you deregister your Connected Appliance Services account, Whirlpool will take steps as soon as reasonably possible to suppress or delete your Personal Data in its systems. However, please note that Whirlpool will need to retain your Personal Data and Connected Data for as long as is necessary and for a reasonable period after deregistration, in case of claims in respect of the Connected Appliance Services, to comply with applicable laws and regulations, and/or as may be necessary for our identified legitimate business needs and intended purposes including as set out in section III above.
8. Data relating to children
We do not seek to, and do not knowingly collect, Personal Data from children (persons who are considered minor under local applicable laws). If a child has provided us with Personal Data, a parent or guardian of that child may contact us (via the details provided below) to have the information deleted from our records.
9. Yours rights as a data subject
EU privacy laws and applicable local privacy laws allow you to check whether Whirlpool holds Personal Data about you, and if so, subject to certain exemptions, to be provided with a copy of it, together with details of the source of relevant collection as well as on how and for what purposes it is processed by Whirlpool. If you are located in certain EU countries you have the right to be informed, where appointed, on the details of any data processor/s and/or local privacy representatives and data responsible persons, as well as on persons and entities to which your Personal Data may be communicated or disclosed. If you are located in certain EU countries. you can also ask to have Personal Data we hold about you updated and/or corrected, anonymized, as well as, if allowed by applicable law, deleted. You may also be entitled to request confirmation that we have notified any third parties, for example third parties who are our data processors and to whom your Personal Data has been communicated or disclosed, that they should update or correct your Personal Data.
You may review, correct and update certain Personal Data (such as your name and contact information) by signing in to your account via the Application and editing your Personal Data in your account profile. You may also be entitled to withdraw any given consent concerning the processing of your personal data at any time.
If you wish to exercise your rights as above or put any question about the use of your Personal Data by Whirlpool, you can easily do this by contacting us at the address given in the INTRODUCTION section above, or by contacting your local Whirlpool customer service call centre as indicated in your Application or the documentation that comes with your Connected Appliance.
You may also contact the Whirlpool Group’s Privacy Officer in Europe as follows:
Whirlpool Europe Srl - Socio Unico
Viale G Borghi 27
I – 21025 Comerio (VA)
V. UPDATES TO PRIVACY STATEMENT
From time to time, we may update this Privacy Statement. If we make important changes, we will alert you via the Application, telling you about the changes and any choices you may have or actions you can take.
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.
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
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
4. Prohibited Uses
You are prohibited from using the Connected Appliance Services in any way that:
is threatening, violent, abusive, defamatory, slanderous, libelous, 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 the Connected Appliance Services or any Connected Appliance Services, their computers and networks, or their user data, or that otherwise modifies or interferes with the use or operation of the Connected Appliance Services;
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
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.
The Connected Appliance Services are provided on an “as is” and “as available” basis. Whilst Whilrpool 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
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
VIII. LIMITATION OF LIABILITY, INDEMNITY
(a) fraud or fraudulent misrepresentation;
(b) personal injury or death resulting from its/their negligence; or
(d) 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:
(a) the Connected Appliance Services are provided on an “AS IS” and “AS AVAILABLE” basis;
(c) YOU AGREE TO INDEMNIFY WHIRLPOOL, THE WHIRLPOOL GROUP, ITS AGENTS, EMPLOYEES AND CONTRACTORS AGAINST ALL SUCH CLAIMS AS DESCRIBED ABOVE BROUGHT BY THIRD PARTIES.
(d) 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
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.
IX. SUSPENSION AND TERMINATION
1. Termination by Whirlpool for misuse
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 IV 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.
1. Jurisdiction and applicable law
4. Entire agreement
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.