END USER LICENSE AGREEMENT - GRUNDFOS ISOLUTIONS CLOUD ("GIC")
These specific terms of use (”EULA”) regulates your use of the digital service named
Grundfos iSolutions Cloud (”GIC”) owned by Grundfos Holding A/S, company
registration no. 31858356, Poul Due Jensens Vej 7, 8850 Bjerringbro, Denmark.
GIC is provided under and is subject to an agreement, including among others a
separate license (or sub-license), for supply of GIC (the ”Agreement”). The
Agreement is entered into between a company within the Grundfos group (i.e. a
company directly or indirectly owned by Grundfos Holding A/S or a licensed
third party) and the licensee (or a sub-licensee) (”Licensee”) under which
behalf you as an end-user are provided access to use GIC. Licensee may be your
employer or another party or you (if you have purchased a license (or
sub-license) to GIC).
The name, identity and contact information of the Licensee are provided in the
e-mail that was send to you to access the GIC end-user creation and this EULA.
This EULA and your access to GIC is subject to the restrictions and limitations
set out in the Agreement for GIC entered into by the Licensee. Breach of the
EULA may be regarded as breach of the Agreement.
You hereby agree to be bound by the terms of this EULA, including any future
updates of the EULA. If you do not agree to the EULA or any future updates of
the EULA, do not - and you are not allowed to - use GIC.
The terms of this EULA or any future updates of the EULA will apply to any upgrades
of GIC and any supplemental services that replace and/or supplement the original
version of GIC and any Early Access Program, unless such upgrade/supplemental
service is accompanied by a separate EULA in which case the terms of that EULA
and any future updates of the EULA will govern the upgrade/supplemental
service.
1. DESCRIPTION OF GIC
GIC is the next generation platform to replace Grundfos Remote Management (”GRM”).
GIC provides the ability to gather data from connected Grundfos pumps and pump
controllers along with auxiliary equipment like sensors and meters
(”Equipment”), so that they can be remotely monitored through a supported web
browser on a PC or mobile device. GIC is made available and provided as an
online service.
2. SCOPE OF THE END-USER LICENSE AGREEMENT
This EULA grants you a personal, non-exclusive and non-transferable limited right to
use GIC with Licensee’s equipment.
You may not rent, lease, lend, sell, redistribute, sublicense GIC. Unless expressly
permitted in this EULA, you may not copy, decompile, reverse engineer,
disassemble, attempt to derive the source code of, modify, or create derivative
works of GIC, any updates, or any part thereof except to the extent mandatory
per applicable law.
You may only use any data/internet connection provided with GIC for the GIC
service. Any abuse/use of the provided data/internet connection for other
purposes than the GIC may be charged by the Grundfos group and shall be
regarded as material breach of this EULA and the Agreement.
Your user credentials are personal and you are responsible for use of GIC by any
user who accesses GIC with your user credentials.
3. ADMINISTRATION OF USERS IN THE SYSTEM
It is the Licensee that through the built-in user management facilities
administers all users and their access and rights to GIC. The Licensee is
responsible for getting the necessary consents from the employees and other
end-users that are made end-users of the GIC before adding them to Licensee’s
GIC system.
4. PERSONAL DATA
4.1. What personal data is collected and for which purposes?
Grundfos collects the information that you provide when creating a Grundfos Account -
that is: Your first and last name, your email address, your company and a
unique user ID created when you sign in. You can additionally choose to provide
your country/area, areas of interest and job role. Moreover, Grundfos collects
data on your use of the Applications through your unique user ID. (”Grundfos
Personal Data”).
Grundfos Personal Data is collected and processed by Grundfos Holding A/S for the
purpose of delivering GIC to the Licensee and to you and other end-users
accessing GIC on behalf of the Licensee (”the Grundfos Purpose”).
Licensee may also input, collect and process further personal data about you
and data related to you through the GIC service. This information may include
your telephone number (”Licensee Personal Data”). Grundfos Personal Data and
Licensee Personal Data are collectively referred to as your Personal Data.
Licensee may process Licensee Personal Data in connection with the use of GIC
for the purposes of delivering the services under GIC to you or other
end-users, including administer use, logging end-users’ usage of the GIC,
setting alarms for specific end-users and utilizing the various services which
rely on Personal Data (”the Licensee Purpose”).
Grundfos and Licensee (unless agreed otherwise between you and the Licensee)
will not store, transfer or in any other way process your Personal Data outside
of the specific purposes mentioned above.
4.2. Your use of Grundfos iSolutions Cloud is logged - on who’s behalf?
It is possible for an administrator to setup alarm notifications to you,
including your phone number and/or email address. When an alarm goes off, the
system logs under ”Event log” to which phone number/email address an alarm has
been sent. The ”Event log” can be accessed by all users.
Further, Grundfos has the possibility of logging certain activities, such as
last time of login, login frequency and how many users (aggregated) that have
visited a specific page. No users or administrators can see this log. The
logging is used for the purposes of system wide monitoring of e.g. unauthorized
activity, misuse and to evaluate system performance.
4.3. The legal basis for collecting and processing the Personal Data
The processing of your Personal Data is based on the agreement between you and delivered in connection hereto. The processing of your Personal Data is thereby considered necessary for the performance of a contract to which you are a party, which is Grundfos’ and Licensee’s legal basis for processing your Personal Data (Article 6, para. 1, lit. b of the General Data Protection Regulation (Regulation (EU) 2016/679)).
Your Personal Data may only be processed for different purposes if this is necessary in order to comply with legal or regulatory obligations (e.g. transfer to courts or
criminal prosecution authorities), if you have consented to the respective
processing, or if the processing is otherwise lawful under applicable law. If
processing for a different purpose takes place we may provide you with
additional information.
4.4. Details of the data controller and recipients of the personal data
Grundfos Holding A/S, Poul Due Jensens vej 8, 8850 Bjerringbro, Denmark is the
data controller of Grundfos Personal Data. The Licensee is the data processor
on behalf of Grundfos Holding A/S to the extent the Licensee gets access to
Grundfos Personal Data through GIC as part of being able to deliver the
services under GIC to you and other end-users.
Licensee is the data controller of Licensee Personal Data. Grundfos Holding A/S
is the data processor in relation to the Licensee Personal Data and Grundfos Holding
A/S shall process the Personal Data to make it possible for the Licensee to use
it for the Licensee Purpose.
Grundfos Holding A/S and Licensee may share the Personal Data with third parties acting as Grundfos data processors for processing your Personal Data according to the
purposes mentioned above. The following data processors are used:
- Microsoft Ireland Operations Limited, Atrium Building Block B, Carmenhall Road, Sandyford Industrial Estate, Dublin 18, Ireland: Your personal data is hosted on the Microsoft Azure Cloud in Ireland, and Microsoft also provides service to Grundfos. Further, the data hosted on the server is used by Grundfos for analysing your Personal Data in relation to get a complete customer picture according to the purposes mentioned above.
- Other local companies in the Grundfos Group that will assist with IT support for the above systems for the specific purposes mentioned above.
- Other recipients, typically consultants, that
will assist with IT support for the above systems and assist with the
processing of your Personal Data on behalf of Grundfos in the above systems.
Other authorised third parties may need to access or store Personal Data if
required or permitted by applicable law (e.g. governmental authorities, courts,
external advisers and similar third parties that are public bodies).
4.5. Transfer of the Personal Data
In certain cases, your Personal Data may be transferred to outside of EU/EEA. Grundfos ensures that such transfer will be carried out in accordance with the applicable data protection laws. This entails that any party outside of EU/EEA which comes in possession of your Personal Data must ensure an adequate level of protection, for example by entering into the EU standard contractual clauses, or implement and comply with binding corporate rules, where applicable. If you have any inquiries in relation hereto, you are welcome to contact the Grundfos – please see the
contact information below in the ‘How can you access your Personal
Data?/Further rights’ section.
4.6. Retention period
Personal Data collected for the purposes stated above will be stored only as
long as necessary for delivering the services to you or as it is established in
applicable laws related to data retention periods. If a judicial or disciplinary
action is initiated, the Personal Data may be stored until the end of such
action, including any potential periods for appeal, and will then be deleted or
archived.
4.7. How can you access your Personal Data?/Further rights
Under applicable law, you have various rights:
Withdrawal of consent:
If you have declared your consent for any Personal Data processing activities
you can withdraw this consent at any time with future effect. Such a withdrawal
will not affect the lawfulness of the processing prior to the consent.
Right of access:
You may have the right to obtain from us confirmation as to whether or not
Personal Data concerning you is processed, and, where that is the case, to
request access to the Personal Data. The access information includes – inter
alia – the purposes of the processing, the categories of Personal Data
concerned, and the recipients or categories of recipients to whom the Personal
Data have been or will be disclosed. However, this is not an absolute right and
the interests of other individuals may restrict your right of access.
You may have the right to obtain a copy of the Personal Data undergoing processing.
For further copies requested by you, we may charge a reasonable fee based on
administrative costs.
Right to rectification:
You may have the right to obtain from us the rectification of inaccurate Personal Data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement.
Right to erasure ("right to be forgotten"):
Under certain circumstances, you may have the right to obtain from us the erasure of Personal Data concerning you and we may be obliged to erase such Personal Data.
Right to restriction of processing:
Under certain circumstances, you may have the right to obtain from us
restriction of processing your Personal Data. In this case, the respective data
will be marked and may only be processed by us for certain purposes.
Right to object:
Under certain circumstances, you may have the right to object, on grounds
relating to your particular situation, or where Personal Data are processed for
direct marketing purposes at any time to the processing of your Personal Data
by us and we can be required to no longer process your Personal Data.
Right to data portability:
Under certain circumstances, you may have the right to receive the Personal
Data concerning you, which you have provided to us, in a structured, commonly
used and machine-readable format and you may have the right to transmit those
data to another entity without hindrance from us.
If you would like to know more, wish to change your information or wish to use one or more of your above rights, you are welcome to contact Grundfos Holding A/S by filling out this contact form – or by contacting your Licensee.
4.8. Filing of complaints
In case of complaints, you also have the right to lodge a complaint with the competent supervisory authority regarding the processing of your Personal Data.
5. LIABILITY
All use of GIC is made on behalf of Licensee. You acknowledges and agrees that
Grundfos Holding A/S or any other company within the Grundfos group (i.e. a
company directly or indirectly owned by Grundfos Holding A/S) shall not have
any direct or indirect liability whatsoever (in contract, tort (including
negligence), breach of statutory duty or otherwise) towards you resulting from
the use, actions taken or inaction occurring in the reliance on GIC, including - without limitation - with respect to damages for loss of data, business interruption and to the extent permitted by applicable law personal injury or loss or damage to goods.
6. TERMINATION
The license to use GIC is effective until terminated by you, Licensee or Grundfos
Holding A/S. Grundfos Holding A/S has access to terminate the license/close down your access to GIC according to its agreement with Licensee, including in case of misuse of GIC.
When your license is terminated only stored Grundfos Personal Data and Licensee
Personal Data will be deleted and/or anonymized in accordance with applicable
law.
7. SEVERABILITY
If any provision of this EULA is held to be invalid, illegal or unenforceable, the
remaining provisions shall not be affected or impaired.
8. ASSIGNMENT
You may not assign or transfer this EULA or your rights or obligations under this
EULA.
9. APPLICABLE LAW AND VENUE
This EULA, and any dispute or claim arising out of or in connection with it or its
subject matter or formation (including non-contractual disputes or claims) shall
be governed by, and constructed in accordance with, the laws of Denmark,
without reference of to the conflicts/choice of laws or principals thereof. The
United Nations Convention on Contracts for the International Sale of Goods
(CISG) shall not apply.
The courts of Lyngby, Denmark, shall have exclusive jurisdiction to settle any
dispute or claim that arises out of, or in connection with, this EULA or its
subject matter or formation (including non-contractual disputes or claims).