Last update: 09/04/2025

Dear User,
Immergas S.p.A. manufactures and sells domestic heating appliances (hereinafter referred to as ‘Appliances’ or “Appliance”) and, at the User’s request, provides the Appliance with an application that allows the User to use specific functions relating to the remote management of the Appliance itself (hereinafter referred to as the ‘APP’). To enable you to access and use the services offered by the APP, our Company needs to process some of your personal data for the purposes specified below. In this regard, pursuant to Article 13 of Regulation (EU) 2016/679 (hereinafter the ‘GDPR’), we are providing you with appropriate Information regarding the processing of your personal data.

1 WHO IS THE DATA CONTROLLER

The data controller of your personal data is the company Immergas S.p.A. with registered office in Brescello – Via Cisa Ligure, 95 – 42041 Reggio Emilia (ITALY), Tax Code / VAT number 00932830359 (hereinafter the ‘DATA CONTROLLER’ or ‘IMMERGAS’).

2 WHICH PERSONAL DATA ARE PROCESSED

The DATA CONTROLLER may process the following types of personal data concerning you (hereinafter collectively referred to as “PERSONAL DATA”) that are strictly relevant, necessary, and functional to the pursuit of the purposes indicated in point 3 below:
2.1 your identification data (such as, for example, name, surname, country, device serial number, product code) requested during registration;
2.2 your contact details (email address);
2.3 other data: geographical coordinates of the device, name of your Wi-Fi network for connecting to the Internet;
2.4 connection data: this information may include, by way of example but not limited to, your account, the operating system of the device used to access the APP, or details about your Internet service provider, mobile network, and IP address;
2.5 proximity data: this is data that allows us to verify the proximity of your mobile device to the Device.
2.6 email address of a third party that the user decides to enable to use the APP’s features as a “Guest.”

3 WHICH ARE THE PURPOSES OF THE PROCESSING

The DATA CONTROLLER may process your PERSONAL DATA to execute a contract to which you are a party and/or contractual measures adopted at your request and, in particular, to make the following features and services available through the use of the APP:
3.1 Autonomous and remote adjustment of the device.
3.2 Display via the APP (push notification) of the malfunction status and/or any anomalies in the system.
3.3 Receipt of communications (push notifications) relating to security updates and new features.
3.4 Use of the “Away” proximity service. The service records – at regular intervals – the proximity of the user’s mobile device to the system and provides the ability to automatically adjust and set the thermal comfort of the system itself. The service is activated following specific authorization by the user, by selecting the “Enable Away” option when using the Away feature for the first time. The user can enable or disable the Away service at any time by accessing the appropriate section of the location permissions on their mobile device.
3.5 Send an email invitation to a third party whom the user decides to enable to use the APP’s features as a “Guest” to register with the APP in order to interact with the system.
3.6 The DATA CONTROLLER may also process your PERSONAL DATA to exercise and defend its rights in court and/or administrative proceedings.

4 LAWFULLNESS OF PROCESSING

Within the limits of the purposes set out in point 3 above, consent to the processing of PERSONAL DATA is not required insofar as the processing is necessary for the performance of a contract or the execution of pre-contractual measures taken at the request of the data subject and the pursuit of a legitimate interest of the DATA CONTROLLER.

5 NATURE OF THE PROVISION OF DATA AND CONSEQUENCES OF REFUSAL

The processing of PERSONAL DATA is necessary for the complete and correct functioning of the APP, therefore, failure to provide and/or incorrect provision of data will make it impossible for the user to use – in whole or in part – the functions of the APP and, for the DATA CONTROLLER, to duly implement the contractual agreements made with the user.

6 HOW YOUR PERSONAL DATA WILL BE PROCESSED

The processing of PERSONAL DATA may involve all the operations indicated in Article 4(2) of the GDPR. In any case, the principles applicable to data processing set out in Article 5 of the GDPR will be respected. The processing of PERSONAL DATA will be carried out both manually and with the aid of computerised means. The PERSONAL DATA may be stored in paper and electronic archives.
The processing of the PERSONAL DATA shall be carried out in such a way as to guarantee its security and confidentiality, through the adoption of appropriate measures to prevent its alteration, deletion, destruction, unauthorised access or processing that is not permitted or does not conform to the purposes of its collection.
The PERSONAL DATA shall not be processed by the DATA CONTROLLER by means of automated systems or decision-making processes, including profiling, where profiling means any form of automated processing of personal data aimed at analysing or predicting certain personal aspects including, but not limited to, aspects concerning professional performance, economic situation, personal preferences, interests or behaviour.

7 TO WHOM MAY YOUR PERSONAL DATA MAY BE DISCLOSED AND WHO MAY BECOME AWARE OF THEM

Within the organisational structure of the DATA CONTROLLER, the PERSONAL DATA may be accessed, within the limits and according to the modalities set out in the respective assignments and exclusively for the pursuit of the purposes set out above, by the persons expressly authorised by the DATA CONTROLLER.
The processing of the PERSONAL DATA may be entrusted by the DATA CONTROLLER to third parties who carry out on behalf of the DATA CONTROLLER specific activities related to the purposes set out in point 3 and who, due to their experience, skills and reliability, guarantee full compliance with the applicable data processing and protection provisions, including the security profile and who shall, in this case, be appointed as Data Processors in accordance with the provisions of Article 28 of the GDPR.
PERSONAL DATA may also be communicated to third parties, public or private, acting as autonomous Data Controllers, where they are entitled to request such data.
If the user makes use of the so-called “social login” by registering with the APP using the credentials of their social account (e.g. Google, Facebook), PERSONAL DATA is also collected and processed by the companies that manage the social networks, which operate as independent data controllers. Information on how the companies that manage social networks process PERSONAL DATA is available in the privacy policies issued by those companies.

8 TRANSFER OF PERSONAL DATA OUTSIDE THE EUROPEAN UNION

Your PERSONAL DATA will not be subject to transfer by the DATA CONTROLLER to third countries or to international organisations outside the European Union if the safeguard mechanisms provided for in CHAPTER V, articles 44 et seq. of the GDPR have not been adopted or are not in force.

9 RETENTION PERIOD OF PERSONAL DATA

PERSONAL DATA will be stored until the purposes referred to in point 3 have been fulfilled. Once these purposes have been fulfilled, the DATA CONTROLLER will delete the data. There is also an automatic deletion mechanism after two years of non-use of the account by the user. One month before deletion, the user will be notified by email of the imminent deletion and may avoid it by using their account.
10 CONTACT DATA OF THE DATA CONTROLLER
In relation to the processing operations described in this Information Notice, the user, as the Data Subject, may, under the conditions envisaged by the GDPR, exercise the rights listed below by contacting the DATA CONTROLLER:

• by registered mail with return receipt: Immergas S.P.A., Via Cisa Ligure, 95 – 42041 Brescello (Reggio Emilia);
• by e-mail: privacy@immergas.com;
• by certified e-mail: immergas@legalmail.it
  11 DATA SUBJECT’S RIGHT’S

art. 15 Right of access: the data subject has the right to obtain from the Data Controller confirmation as to whether or not Personal Data concerning him/her are being processed and, if so, to obtain access to Personal Data. At the request of the data subject, the Data Controller shall provide the data subject with a copy of the personal data undergoing processing.
art. 16 Right to rectification: the data subject has the right to obtain from the Data Controller, without undue delay, the rectification of inaccurate personal data concerning him/her and, therefore, the integration of incomplete Personal Data.
art. 17 Right to erasure (so-called “Right to be forgotten”): the data subject has the right to obtain the erasure of Personal Data. A concerning him/her without undue delay, and the Data Controller has the obligation to erase without undue the Personal Data for the reasons and within the limits of the provisions of the art. 17 of the Regulation.
art. 18 Right to limitation of processing: the data subject has the right to obtain from the Data Controller a limitation of the processing of his or her data in the cases provided for in Article 18 of the Regulation.
art. 19 Obligation to notify in the event of rectification or erasure of PERSONAL DATA or restriction of processing: in case of exercise of the right to rectification, erasure and restriction, the Data Controller shall notify each of the recipients to whom the Personal data have been transmitted of any rectification or erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort. The Data Controller communicates the data subject of such recipients if the data subject so requests.
art. 20 Right to data portability: the data subject has the right to receive, in a structured format, commonly used and machine-readable format, Personal Data concerning him/her that has been provided to the Data Controller and has the right to transmit such data to another data controller without hindrance from the data controller to whom he or she has provided the data if the processing is based on consent or on a contract or if the processing is carried out by automated means.
art. 21 Right to object: the data subject has the right to object at any time, on grounds relating to his or her particular situation, to the processing of Personal Data concerning him or her. In this case, the Data Controller shall refrain from further processing the Personal Data, unless he demonstrates the existence of compelling legitimate reasons for processing that override the interests, rights and freedoms of the data subject or for the establishment, the exercise or defense of legal claims.
art. 22 Automated decision-making relating to natural persons, including profiling: the data subject has the right not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects on his person.

The exercise of your rights, as a data subject, is free of charge under Article 12 of the GDPR. However, in the case of requests that are manifestly unfounded or excessive, including because they are repetitive, the DATA CONTROLLER may charge you a reasonable fee, in light of the administrative costs incurred in handling your request, or deny satisfaction of your request.

Pursuant to art. 13.2 letter d) of the GDPR, we inform you that, as a data subject, you have the right to lodge a complaint with the Supervisory Authority if you believe that your personal data have been processed in violation of the data protection regulations.