Pool Live & Pool Remote Privacy Policy Android EN

Terms of Service
POOL Live & POOL Remote

End User License Agreement

Version 1.0, effective from 10. 9. 2024.

Concluded between ASEKO and the User to obtain and use ASEKO Applications through the App Store, Google Play Store and the ASEKO web interface. By downloading, installing and using the Apps, you agree to the terms of this Agreement. If you do not agree to this Agreement, you may not use the Apps.

1. Definition

In this Agreement, the below terms shall have the following meanings:

1.1 The Apps or Applications collectively stand for Pool Remote, Pool Live and Pool.Aseko.cloud.

1.2 The App Store is a digital distribution platform operated by Apple Distribution International Ltd. (or other group company depending on the User’s location) that enables the download and purchase of digital software and applications for Apple devices running iOS, iPadOS, watchOS and macOS.

1.3 Google Play is a digital distribution platform operated by Google LLC; Google Ireland Limited; or Google Asia Pacific Pte. Limited (depending on the User’s location), enabling the download and purchase of digital software and applications for Android devices.

1.4 License means a sub-license to use the Applications granted to the User under the terms of Article 3 of this Agreement.

1.5 Provider or ASEKO means ASEKO, spol. s r.o., with its registered office at Maternova 610/5, Kunratice, 148 00 Prague 4, Czech Republic, ID No.: 40766471, VAT No.: CZ40766471, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 2870.

Contact details:

Address for the delivery of documents: Vídeňská 340, 252 50 Vestec u Prahy, Czech Republic

Phone: +420 246 083 600

General e-mail: aseko@aseko.cz

Support: support@aseko.cloud

1.6 User means any natural or legal person who downloads, installs or uses the Applications as an end user.

1.7 User Account means a user account created by a User to access and use the Applications.

1.8 Civil Code means Act No. 89/2012 Coll., the Civil Code, as amended.

1.9 Platform means App Store and Google Play together.

1.10 Pool Remote is a mobile application that, in combination with intelligent LAN ASIN Pool Controller or in combination with ASIN AQUA PRO Controller, allows the control of pool components for owners of selected ASEKO equipment.

1.11 Pool Live is a mobile app that displays pool data measured by ASIN AQUA (internet connected device). The app allows you to set up alerts for exceeding the limits of certain measured parameters. It displays the current parameters and a history timeline.

1.12 Pool.Aseko.cloud is an ASEKO web application accessible via a web interface with identical features to Pool Live. The Web Application also allows you to monitor pool parameters and technology status in real time in detailed graphs and manage a User Account that is common to all Applications.

1.13 Web interface or Website means http://pool.aseko.cloud.

1.14 Auth.aseko.cloud is a web-based application accessible via a web interface that serves as a single place where the user manages their personal data across ASEKO applications (Pool Remote, Pool Live, Pool.aseko.cloud).

1.15 The Agreement means this agreement.

2. Introductory provisions

2.1 ASEKO is the authorized copyright holder of the Applications, including all textual and graphical content, logos and software. In particular, ASEKO is entitled to grant Users permission to use the Applications.

2.2 This Agreement defines both the rights to use the Applications and other rules and conditions that the User must follow when using the Applications.

2.3 This Agreement is a legally binding document between ASEKO and the User. By using the Applications (and in particular by explicitly confirming it by ticking the checkbox when accessing the Application for the first time or in case of changes to the Agreement), the User confirms that he/she has read this Agreement, understands it and agrees to be bound by it. The User declares that he/she is authorized to enter into contracts and has sufficient legal capacity to do so. If the User enters into this Agreement on behalf of a legal entity, the User declares that it is authorized to bind such entity.

2.4 In the event that you are not a consumer of Paid Applications, the provisions of Sections 2389a through 2389u of the Civil Code shall not apply and all rights and obligations shall be governed by this Agreement.

3. Changes to Applications

3.1 ASEKO shall have the right to disable the Applications or any part thereof upon prior notice to the User, to change or remove functions or features, to introduce new restrictions, to charge for the Applications or any part thereof and/or to make the Applications unavailable, based on legitimate reasons, which are:

i. Compliance with legal requirements,

ii. Changes in technical parameters and features of ASEKO equipment,

iii. Enhancement of existing functions of the Application or ASEKO’s internal systems,

iv. Compensation for the costs of developing and operating the Applications,

v. In the case of unpaid Applications, for other reasons as well.

In case of a positive benefit of the change for the User or in case of non-paid Applications, the change will be announced in the User interface of the Application. In the event of negative or restrictive consequences for the User of a Paid Application, the User will be informed of the change in the Application, but also by e-mail and in connection with the change, the User has the right to terminate this Agreement within 30 days from the date of sending the e-mail or within 30 days from the date of the change, whichever is later. In this case, the User is entitled to a refund of the pro rata portion of the payment made for the payment period not yet used.

If the Application is made unavailable, Clause 5 a 7.3 of the Agreement shall apply.

3.2 ASEKO undertakes to actively notify the User in writing (within the Application’s User interface and by e-mail) at least two months in advance of the intended charge and its conditions (including automatic renewal of the subscription), together with an invitation to enter payment details via the Application’s user interface or via the Web interface, all linked to the relevant payment gateway (payment details will not be available to ASEKO, they are entered directly into the payment gateway). If the User does not agree to the charges (failure to enter the payment details before the start of the specified payment period or failure to credit the payment to ASEKO’s account shall also be deemed as non-agreement), the License to the Applications shall be automatically terminated at the start of the payment period, this Agreement shall terminate and the User’s access to the Applications and User Account shall be restricted. Access may be restored at any time upon re-acceptance of this Agreement and entry of payment information. Detailed information regarding the restriction and renewal of the User Account will be provided in the notice under this clause.

4. License

4.1 Subject to the terms and conditions set forth in this Agreement and provided that the User complies with them, ASEKO grants the User a License to all parts of the Applications, including primarily computer software and literary and graphic works.

4.2 ASEKO grants the License as a non-exclusive and worldwide License. The User is entitled to use the Applications by displaying and further use on a mobile or other device in the amount of one Application.

4.3 The User is entitled to create a backup or other copy of the Apps on one or more of his mobile or other devices that he owns or controls. The User is further entitled to reinstall the Apps on such devices.

4.4 User is not authorized to sublicense the License or any portion thereof to any third party, except to provide access to the Application to User’s family members, employees or similar associates or contractors, or to a service provider for User’s pool unit. However, the User shall ensure that access to the Application is not leaked, disclosed or illegally distributed by such persons. User shall not transfer or assign or otherwise provide the License to any third party.

4.5 The User is entitled to use the License for internal non-commercial purposes only. A non-commercial purpose is a use outside a proftable activity based on either an employment relationship or a contractual obligation. Providing a professional service contractor with access to the User’s pool unit to use the Application in the course of providing such services to the User shall not be considered commercial use.

4.6 The License is granted to the User from the moment of installation of the Application and creation of the User Account. In the case of a paid Application, then at the moment of proper payment of the relevant payment. The License shall terminate upon termination of this Agreement for any reason or upon expiration of the term for which it was granted.

4.7 The License is granted free of charge for a period of two years. The term may be adjusted in connection with the charging of fees for the Applications. The term may be unilaterally extended by ASEKO by means of a notification to the User made in the Application and by e-mail.

5. Duration of the Contract

5.1 The User shall have the right to terminate this Agreement at any time, even without giving any reason, either with immediate effect (in the case of a free License) or with effect at the end of the current payment period. However, in the event of charging for the use of the Application and the License, in such case the User shall not be entitled to a refund of the payment already made, even in part, unless otherwise provided for in this Agreement or in the applicable law.

5.2 ASEKO is entitled to terminate this Agreement at any time, even without stating any reason, e.g. due to termination of the provision of the Applications, technical reasons, termination of support for the Applications, etc., either with immediate effect or with effect at the end of the current payment period. However, in the case of a Fee-based License, in the event of immediate termination, the User shall be entitled to a refund of the pro rata portion of the payment made for the payment period not yet used. However, the User shall not be entitled to a refund of the amount paid in the event that the Application and the User Account have been made inaccessible and the Agreement terminated due to a breach of this Agreement by the User (in particular, but without limitation, Clauses 4,6, and 8).

6. User Account

6.1 The User is obliged to create a User Account when logging into the Application for the first time according to the instructions contained in the Application. Each User may have only one User Account.

6.2 It is possible to assign any number of ASEKO devices owned by the User to a User Account. The User hereby declares that he/she is the proper owner of all added devices.

6.3 The User Account allows each User to use the Applications, manage personal and other data relating to the User and his/her devices, access and Licenses to the Applications, settings for the Applications and, where applicable, the User’s payment details (via a linked payment gateway).

6.4 The User undertakes to provide ASEKO with true and not misleading information when creating a User Account and using the Application.

6.5 ASEKO shall be entitled to suspend or completely disable access to the User’s account and terminate this Agreement if the User violates this Agreement or fails to pay the applicable License fees on time.

6.6 The User may delete the User Account including all related data at any time. However, before deletion, the User will be informed that he/she will lose the possibility to use the Application from the moment of deletion, even in the case of paid Applications, without the right to a refund of any part of the payment already made.

7. Updates and upgrades

7.1 During the term of the License, ASEKO will provide non-periodic necessary updates and upgrades to the Applications, which may include, but are not limited to, corrections, modifications and additions. Under the License, the User is entitled to use the Applications including such updates and upgrades. User agrees to install all updates without undue delay to ensure the continued operation of the Applications and their compatibility and security. The User will be notified of the release of an update in the Application and/or by an e-email , and will be advised of the consequences of not doing so. In the case of non-paid Applications, such updates are not guaranteed in any way.

7.2 If the User fails to update the Paid Application in accordance with 7.1 within a reasonable period of time, the User shall have no rights in respect of any defect arising solely as a result of the failure to update. This does not apply if the User has not been warned about the update or the consequences of not performing it, or has not performed the update or has performed it incorrectly due to a deficiency in the instructions.

7.3 Upon termination of the Agreement and the License, the User will no longer be entitled to use the Applications in any update or upgrade version. The User shall uninstall, delete or similarly remove the Apps from the mobile or other device and shall not use the Apps in any further manner. ASEKO does not warrant that the Application will continue to function without the License.

8. Restrictions

8.1 The User is not entitled to, except for the statutory minimum scope under Czech law:

i. Use the Apps for any unlawful purpose;

ii. Modify or tamper with the Apps or the Web Interface, rent, lease, loan, reproduce, modify, adapt, create derivative works from, distribute, sell or transfer the Apps or any portion thereof, or combine them with other works;

iii. reverse engineer, decompile, disassemble, modify, translate or attempt to discover the source code of the Applications or extract data from the Applications using automated systems;

iv. remove or obscure any proprietary or other intellectual property notices contained in the Apps or on the Web Interface;

v. use the Web Interface in a manner that could damage, disable, overburden or impair any ASEKO server or networks connected to an ASEKO server or interfere with the use and enjoyment of the Web Interface by other Users;

vi. upload or otherwise transmit through the Web Interface or the Applications potentially destructive, disruptive or otherwise harmful programs, files or code, including viruses, Trojan horses, worms, cancelbots, time bombs or any other form or marking of files or programs (malware) that may damage, disable or alter the operation of any computer or network that is the property of ASEKO or any third party;

vii. attempt to compromise or impair the security, integrity or availability of the Web Interface or the Applications, User Accounts, passwords, servers or any networks connected to or accessible through the Web Interface, or otherwise damage or otherwise misuse them.

8.2 The User is not entitled to do anything specified in Art. 8.1. if the law of another country applies to this Agreement and the terms of the License, unless the User is expressly permitted to do so by that other law, and at the same time the other law does not enables to exclude or restrict that possibility.

9. Limitation of the liability

9.1 Unless otherwise stipulated by law or this Agreement, ASEKO shall be liable to the User for damages caused by the use of the Applications or their non-functionality only up to the amount of the License Fee paid for the 12-month period preceding the event giving rise to the liability, subject to the exclusion of liability set forth below in this Agreement. In no event shall ASEKO be liable for any indirect damages, lost profits, reputational damage, loss of data or other intangible damages.

9.2 Unless otherwise stipulated by law or this Agreement, ASEKO shall not be liable for any damage to the equipment controlled by the Applications and/or damage to health and property, including damage to the environment, caused by the use of the equipment controlled by the Applications in connection with the User’s use of the Applications.

9.3 The User shall comply with all applicable legislation, applicable safety guidelines and general safety principles when using equipment controlled by the Applications and shall always verify before any use of the Applications that the equipment controlled and the manner of its operation complies with such applicable legislation, applicable safety guidelines and general safety principles and that the use of the equipment controlled does not endanger the safety of persons or property.

9.4 ASEKO shall not be liable for any damage caused by changing the basic settings of individual functions of the Applications by the User.

9.5 Unless otherwise provided for by law, ASEKO provides the Applications “as is” and ASEKO is not responsible for the continuous functionality of the Applications, in particular due to the need for a permanent online connection of the device controlled by the Applications to the Internet with sufficient speed and capacity, which is the sole responsibility of the User, and the User agrees to use the Applications solely at his/her own responsibility and risk.

9.6 In the case of a User who is not a consumer using paid Applications, ASEKO shall not be liable for any defects in the Applications, but shall attempt to remedy the defects within a reasonable period of time. In the case of the paid version of the Application, the non-consumer User shall be entitled to have the defect rectified free of charge within a reasonable period of time.

9.7 The user (in particular as a consumer) may have additional rights which cannot be limited or excluded and which may vary from jurisdiction to jurisdiction. This Agreement is not intended to adversely affect such rights.

10. Further information for consumers

10.1 This article 10 applies only to Users in their capacity as consumers.

10.2 The application is used as a complement to ASEKO products that support Internet connectivity. ASEKO products that support Internet connectivity and are properly connected to the Internet via LAN cable send data to the server. The data is processed on the server and then displayed to the User in Applications. Devices that support bidirectional communication (ASIN Pool, ASIN AQUA PRO) receive data from the ASEKO server to which they respond appropriately. Data is sent from the server on a regular basis or in case of specific actions triggered by the User in the Pool Remote application. The Pool Remote application is supplied to the User in factory settings and allows changing the units settings. ASEKO is not responsible for incorrect installation of the unit or for incorrect settings or for unprofessional use of the Applications. The mobile Apps are for iOS or Android mobile devices only. The pool.aseko.cloud web app is optimized for Safari and Google chrome web browsers only. Compatibility of the Apps with other operating systems and other web browsers is not guaranteed.

10.3 The User acknowledges, agrees and expressly requests access to and use of the Applications immediately after the conclusion of the Agreement within the withdrawal period. The User acknowledges that in this case, he/she will not have the right to withdraw from the Contract pursuant to Section 1837(l) of the Civil Code within 14 days of its conclusion.

10.4 The fee for the grant of the Licence is inclusive of all taxes and fees and is set out in the Application.

10.5 The User shall not incur any costs for the delivery of the Applications or any costs for the use of remote means of communication. Access to an internet network and/or an internet browser is required to use the Applications. The Web Applications are optimized for Google Chrome and Safari web browsers. Full functionality of the Applications is not guaranteed when using other web browsers. The Pool Remote App is intended for mobile devices only.

10.6 The data on the conclusion of the Agreement, including its wording, were sent to the User by email and are stored in the database of the Application in the User’s account and are accessible to the User at any time for consultation.

10.7 The User may contact the Czech Trade Inspection Authority for the settlement of an out-of-court consumer complaint in the manner and under the conditions set out in the relevant legislation.

10.8 Any defects in the Applications may be reported by the User to the Provider at the contact details specified in Article 1. The Provider undertakes to remedy the defects free of charge without undue delay, if possible and reasonable, in the case of paid Applications within 30 days at the latest. In the case of paid Applications, the User may request a reasonable discount or withdraw from the Agreement in the event of:

i. material irremediable defects that prevent the functionality of the Application

ii. in case of failure to comply with a reasonable time limit for the removal of the defect (unless a longer time limit has been agreed with the User)

iii. the defect will still appear after removal

iv. causing significant difficulties for the User in removing the defect.

10.9 The reasonable discount shall be determined as the difference between the value of the Application without defect and the defective Application that was provided to the User. The period of time for which the defective Application was provided shall be taken into account; the User shall be entitled to a discount even if he withdraws from the Agreement.

10.10 The User may not withdraw from the Agreement if the defect in the Application is only insignificant; the defect shall be deemed not to be insignificant.

10.11 The Provider shall return the sums of money that the Provider has to return to the User due to the defective performance to the User at its own expense without undue delay, but no later than within fourteen days from the date on which the User exercised the relevant right from the defective performance with the Provider. In doing so, it shall use the same method as the User used to pay the fee, unless the User expressly agrees otherwise and no costs are incurred.

11. Personal data

11.1 The use of the Applications involves the processing of the User’s personal data by ASEKO. More detailed information on what personal data is processed, for what purposes, its security and further handling is available in the ASEKO Privacy Policy.

11.2 The Provider shall make available to the User of the Paid Applications in the position of a consumer, at his/her request, content different from his/her personal data created or stored by the User when using the Applications. The Provider shall do so free of charge, within a reasonable time and in a commonly used machine-readable format. This obligation does not apply to content:

i. which is unusable without the Application,

ii. which relates exclusively to the User’s activities when using the Application,

iii. which the Provider has mixed with other data and can only be separated with unreasonable effort.

12. Sales Platforms

12.1 This Agreement is subject to the limitations of the Platforms’ terms and conditions. In the event of a conflict between this Agreement and the Platform Terms, this Agreement shall prevail unless the terms of the applicable Platform preclude it.

12.2 The User acknowledges that this Agreement is concluded between the User and ASEKO, not the operators of the Platforms. The Platforms are not responsible in any way for the content of the Applications and their compliance with the law, the operation of the Applications, including the maintenance and support of the Applications or complaints of defects in the Applications. ASEKO (not the Platforms) is solely responsible for any infringement of third party intellectual property rights.

12.3 The User represents that he/she is not located in a region that is subject to U.S. Government sanctions or designated as a terrorist-supporting region and is not on any U.S. Government sanctions list relating to any individual.

13. Final provisions

13.1 ASEKO shall be entitled to amend or update the wording of this Agreement to the extent appropriate. The change will be notified to the User in advance within the Application user interface and by email in a reasonable time. The User shall be entitled to disagree with the changes, in which case the User shall have the option to terminate the Agreement by giving 1 month’s notice from the date of delivery of the notice. If the Application is charged, the User shall be entitled to a pro rata refund corresponding to the remaining unused part of the already prepaid payment period.

13.2 Unless otherwise provided by law, this Agreement and the terms of the License are governed by the laws of the Czech Republic. Any disputes arising out of this Agreement shall be resolved by the courts in the Czech Republic having jurisdiction in the place where ASEKO has its registered office.

13.3 This Agreement is valid and effective upon installation of the Application, creation of a User Account and acceptance by the User.

13.4 In the event that any provision of this Agreement is found to be invalid or unenforceable, the other provisions of the Agreement shall remain unaffected.

Privacy Policy

Version 1.0, effective from 10. 9. 2024.

This Privacy Policy describes the types of data, including personal data (collectively, “Data“), that we process when you use the ASEKO Apps, Devices and ASEKO Websites (the “Services”), how we use and share that Data, and your options for accessing and updating the Data.

This privacy policy (“Policy” or “Privacy Policy”) may be updated from time to time. The applicable most recently posted version of the Privacy Policy at www.asekopool.com/pool-live-pool-remote-privacy-policy-android-en will apply. The Data Controller is ASEKO (as defined below).

Definition of

The following definitions are used in this Privacy Policy:

Applications or Apps means applications developed and provided to users by ASEKO, in particular ASEKO Pool Live, ASEKO Pool Remote and Pool.aseko.cloud

ASEKO means ASEKO, spol. s r.o., with registered office at Maternova 610/5, Kunratice, 148 00 Prague 4, Czech Republic, ID No.: 40766471, VAT No.: CZ40766471, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 2870.

Website. Any website that is owned by ASEKO, including but not limited to https://www.asekopool.com.

Terms of Use means the Terms of Use for the Applications available at www.asekopool.com/pool-live-pool-remote-privacy-policy-android-en

Personal data means any data relating to an identified or identifiable natural person.

User Account means a user account created by a User to access and use the Applications.

ASEKO equipment means the physical products of ASEKO pool technology, a list of equipment can be found here https://www.asekopool.com/cs/products-cz/.

Any other terms used in this Policy shall have the same meaning as assigned to them in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR“).

Why we collect data and what we collect

We collect data for various reasons, for example:

(a) to provide you with Services or information. We may collect data, including your Personal data, that is necessary to provide you with the Apps, support and Services, including to check the validity of the license and upgrades, provide support, report problems and bugs, and other processing related to your use of the Apps, Devices or ASEKO information. We may use the information we collect to develop and test the Applications. The personal data required to receive the Applications, support or Services is explicitly filled in when you create a User Account or is collected in the course of using the Applications. We may use third party service providers who act as data processors to assist us in providing the Apps to you or in our business. For example, we may use third party service providers to provide data storage and backup services. With your consent, your Personal data may also be transferred to third party service providers who act as independent data controllers and who provide products and services that complement the Apps (further processing of data by these service providers is governed by their privacy policies). The legal basis for this data processing is the performance of the contract between you and us.

b) to protect us from unauthorized use of the Apps or Services. We may collect information that is necessary to protect us from illegal or unauthorized use of the Apps or Services or that is necessary to ensure the security of the Apps or Services, including Personal Information provided by you (see above) and information collected in the course of using the Apps and Services. The legal basis for this processing is ASEKO’s legitimate interest in protecting you from unlawful use of the Apps and Services.

c) Data collected from visitors to the Website. As a visitor to our Website, ASEKO’s servers automatically record certain information such as your Internet Protocol (“IP”) address, your operating system, browser ID, your activity on our site, and other information about how you interacted with our Website. We may also collect this information through the use of cookies or other tracking technologies. We only collect personal information that is reasonable or necessary to fulfill the purpose of your interaction with ASEKO as a visitor to our Website. We anonymize the information we collect and use such anonymized information for statistical and market research purposes. We may compile aggregate statistics that allow us to understand how visitors use our Website or use the information we collect to operate the Website, market and advertise our activities and operations, and improve our design and content to better serve you. The legal basis for this data processing is our legitimate interest in improving the operation of our Website and in protecting the rights and interests of us and other users.

We may also use the following third-party service providers for these activities:

Anonymous analytics:

● Google – we use Google Analytics on our website.

d) for the purpose of promoting and selling ASEKO Products and Applications. We may use feedback you voluntarily provide to us about our activities. Subject to applicable law, we may use it in the form of quotes or otherwise in accordance with the Terms of Use. We may also use the data we collect and aggregate to help determine appropriate marketing and advertising for our activities. In doing so, we may share anonymous aggregated data with third parties to assist us in these efforts. The legal basis for this data processing is our legitimate interest in promoting and marketing our activities. We could provide you with a list of the third party service providers involved, if any, upon your request.

e) for ASEKO’s internal records and to protect the rights and interests of ASEKO and other users. We may collect information that is necessary to preserve evidence of any communications between you and us, your contact details and any problems or disputes between you and us. We may use and disclose this information if we believe, in our sole discretion, that it is legitimate and appropriate to protect our rights and interests and the rights and interests of other users of our Website, or if we believe that there has been a violation of this Privacy Policy that may affect ASEKO’s interests. The legal basis for this data processing is our legitimate interest in keeping internal records and protecting our rights and interests and those of other users.

(f) to fulfil the legal obligations set out by law. We may use and disclose your Personal data if required to do so by law, for example, in response to a court order or an administrative, tax or other proceeding. The legal basis for this processing is to comply with our legal obligations.

We may also use the following third-party service providers for the activities described above:

● Ecomail – a service for sending mass e-mail messages to Users in connection with the use of the Applications (their changes, changes to documentation, etc.).

You may object to the processing of your personal data for the purposes (b) to (e) at any time.

The categories of data that are part of the processing may include:

● name, surname

● e-mail address,

● phone number,

● registration number of registered ASEKO units,

● cookies,

● IP address,

● connection speed, time zone, language,

● information about the devices and software you use,

● Browser ID,

● photos – in case of using the functionality of reading the Device barcode,

● your activity on our Website and other information about how you have interacted with our Website,

● data created or uploaded when using the Device, in particular Device settings or device names,

● Information within Device settings – GPS location, preferred language,

● information about transactions made in the Applications (purchase, transaction status, billing information).

● the details provided in the email communication if you contact ASEKO.

For the avoidance of doubt, ASEKO states that it does not collect any data concerning the user’s payment card, which is entered directly to the relevant bank operating the payment gateway used and ASEKO does not have access to it. The data transmission during payment transactions is carried out via the secure HTTOS protocol, which encrypts this information.

If necessary, we will ask you to consent to the collection and processing of your Personal Data as described above. This may be done on the Website or in the Applications, always in a clear and conspicuous manner. You can manage your Personal Data as described in the Transparency section below.

Children

Neither our Website nor the Services are intended or offered to children. If we become aware that a person under the age of 16 has provided information directly to us, we will endeavour to delete that information from our systems.

Transparency

To respect your privacy, we inform you before using your Personal Data about the categories of data we collect and the purposes for which we use it. We also inform you in the Policy about the data management options you have. We use this Policy, the Terms of Use, etc. for this purpose. If you wish to access and manage your data, you can do so by sending an email to support@aseko.cloud through which you can update and manage your data. If you wish to receive more detailed information on this topic, please do not hesitate to contact us.

Sharing

The Personal data collected is shared with third parties in accordance with this Policy and the Terms of Use.

We may share your information with certain business partners and third parties who assist us with our business, such as service providers as directed by us. We do not grant these business partners permission to use or disclose personal information except as necessary to provide the Services for our or your benefit or to comply with legal requirements. We may also share your information with individual representatives of your company if you are acting within a legal entity. In addition, we may share Personal data with a third party expert (contractor) when providing technical support for the Apps or Devices.

Your Personal Information may also be shared with other organizations or individuals if we obtain your consent to do so.

We may also share your data with certain third parties where we are required to do so under applicable law (in particular with tax authorities or other government authorities exercising their legal powers) or where such sharing is necessary to achieve the purposes defined above (in particular with government authorities or, where applicable, with parties who are harmed by your wrongful conduct).

In accordance with the requirements of the California Consumer Privacy Protection Act (CCPA), you are hereby notified that ASEKO will not a) retain, use, sell or otherwise disclose any personal information for any purpose other than as described in this Policy; or (b) retain, use, sell or disclose such personal information outside of the direct relationship between you and ASEKO; or (c) use personal information other than as described in this Policy or the Terms of Use (ii) in any other specific agreement you have entered into with ASEKO.

Security and data storage

We understand that it is important that your data is kept secure and confidential and that it is stored in accordance with the GDPR. We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks associated with processing and the nature of the Personal Information. Only ASEKO’s internal and authorized persons have access to Personal Information, unless otherwise stated in this Policy.

We use partners to host our Websites and process your data in accordance with this Policy. When selecting partners, we check that they comply with the law and security standards to ensure that your data is stored in a secure location with appropriate security measures.

The current hosting partner is IXOXI s.r.o., ID: 28451082, Nad výpustí 142 149 00 Praha 4.

Location of stored Personal Data

All servers that contain Personal Data processed by ASEKO are located in the Czech Republic, in the TTC DC2 Prague Data Centre. The data backup is securely stored at ASEKO’s premises at Vídeňská 340, Vestec, 252 50, Czech Republic.

Transmission of your Personal Data

ASEKO may occasionally process or transfer some of your Personal Data (such as your name and email address) outside the EU. Any such transfer will be made in accordance with applicable data protection laws and this Policy and will be based on the relevant European Commission adequacy decision, in particular the standard contractual clauses published by the European Commission.

Data retention, withdrawal of consent, access to data and your rights

If at any time you decide to stop using the Apps or Services, you may request ASEKO to delete your data from our servers by emailing us at support@aseko.cloud or through your User Account. Once the data is deleted, we may retain the data in pseudonymized form for record purposes regarding the deletion of the data. The deletion will be made within 24-48 hours so that it can be reversed in case of error by clicking on the link sent by email.

In general, we keep your data for as long as necessary to achieve the purpose for which it was collected. We may retain your information as necessary to comply with legal obligations and/or to defend ourselves in the event of a violation of the Terms of Use and/or this Policy. We may also keep copies of your information in Web logs and/or backups for security reasons, if this is stated in the Terms of Use or in the text of the consent received prior to collecting Personal data. These backups will not be accessible as separately identified information. In addition, we may retain data to protect against damages in the event of litigation in accordance with applicable law. Please note, however, that you must create a backup of all data you have placed on our servers in case it is lost. In the event that you stop using our Services, we will not be responsible for the preservation of any of your data.

Failure to log in to any ASEKO Application for a period of 2 years may result in removal of access to the User Account and Application and “pseudonymization” of personal data. The User will be given at least 2 months’ notice of this.

You can manage your personal data at support@aseko.cloud or through your User Account at account.aseko.cloud. You are responsible for the accuracy of the Personal Information you provide to us. We expect you to review the Personal Information you provide to us and, if there is any discrepancy, update your Personal Information or report the discrepancy to ASEKO.

EU residents may request a copy of the information we hold about them in accordance with applicable law. To do so, please contact support@aseko.cloud. We may charge a fee for this service in accordance with applicable law.

In addition to any other rights set forth in applicable local data protection laws, you have the right to: (i) request access to your Personal Data; (ii) request correction of your Personal Data; (iii) request erasure of your Personal Data; (iv) request restriction of the processing of your Personal Data; (v) request portability of your Personal Data; or (vi) object to the processing of your Personal Data.

● Right of access. You have the right to obtain confirmation from us as to whether or not your Personal Data is being processed and, if so, to request access to your Personal Data. Information about the processing of Personal Data includes the purposes of the processing, the categories of Personal Data concerned and the recipient or categories of recipients to whom your Personal Data has been or will be disclosed, etc. However, this right is not absolute and the interests of others may limit your right of access. You may also have the right to obtain a copy of your Personal Data being processed. We may charge a reasonable fee based on administrative costs for additional copies requested.

● Right to correction. You have the right to request us to correct inaccurate Personal Data. Depending on the purpose of the processing, you may have the right to have incomplete Personal Data completed, in particular by providing a supplementary statement.

● Right to erasure (right to be forgotten). In certain circumstances, you may have the right to request that we delete your Personal Data.

● Right to restriction of processing. In certain circumstances, you may have the right to request that we restrict the processing of your Personal Data. In this case, the Personal Data concerned will be marked and we may only process it for certain purposes.

● Right to portability of personal data. In certain circumstances, you may have the right to obtain Personal Data relating to you that you have provided to us in a structured, commonly used and machine-readable format and to transfer that Personal Data to another entity.

● Right to object. In certain circumstances, you may have the right to object at any time, on grounds relating to your particular situation, to the processing of your Personal Data by us and to request that we no longer process your Personal Data.

These rights can be exercised via the email address support@aseko.cloud.

You can also contact ASEKO to obtain up-to-date information on the processing of your personal data and on all recipients of personal data.

You can file a complaint regarding the processing of your personal data with the competent supervisory authority for the protection of personal data, which in the Czech Republic is the Office for Personal Data Protection, located at Pplk. Sochora 727/27, 170 00 Prague 7- Holešovice, telephone number: +420 234 665 111. For more information, please visit https://www.uoou.cz.

Changes to this policy

This Policy is current as of the effective date listed above. We may change this Policy from time to time, so please check it periodically. We will post any changes to this Policy on the Website. If we make any changes to this Policy that materially affect our practices with respect to Personal Information we have previously collected from you, we will endeavor to notify you in advance of such change by highlighting the change on the Website.

Further information and contact

If you have any questions or concerns or believe that this Privacy Policy has been violated in any way, please notify us immediately at support@aseko.cloud

Cookies and other tracking technologies used by ASEKO

Version 1.0, effective from 10. 9. 2024.

Terms used in this document have the same meaning as in the ASEKO Personal Data Processing Policy available at www.asekopool.com/pool-live-pool-remote-privacy-policy-android-en.

We use cookies to identify you when you visit our Websites, to provide the Services when you use our Websites, and to improve our Websites and the Services we provide (“Purpose“). The personal data collected by these technologies will be stored and processed for a maximum period of 2 years.

YOUR CONSENT/WITHDRAWAL OF CONSENT

You acknowledge that the Website will use cookies, as explained above, for the purpose described.

If you do not want Cookies to be stored on your device in connection with your use of the Website, you must stop using the Website and disable Cookies through your browser settings for the Website or in general (see below). Please note that disabling Cookies will affect the functionality of our Website and may prevent you from accessing certain features on the Website. For more information about deleting or disabling Cookies, please visit: http://www.aboutcookies.org/how-to-delete-cookies/.

THE TECHNOLOGIES WE USE

Cookies. A cookie is a small file of letters and numbers that we store on your browser or on your computer’s hard drive. Unless you have adjusted your browser settings to refuse cookies, our system will issue cookies when you visit our Website. There are two types of cookies:

Persistent cookies: these cookies remain on the user’s device for the time specified in the cookie. They are activated each time the user visits the Website that created the cookie.

Session cookies: these cookies allow website operators to link user actions during a browser session. A browser session starts when the user opens the browser window and ends when the browser window closes. Session cookies are created temporarily. When the browser is closed, all session cookies are deleted.

Clear GIF, pixel tags and other technologies. Clear GIFs are small graphic files with a unique identifier that have a similar function to cookies. Unlike cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on a website. In connection with the Website, we may use clear GIFs (called web beacons, web bugs or pixel tags) to, among other things, track the activities of visitors to the Website, to facilitate content management and to compile statistics about the use of the Website. We and our third-party service providers also use clear GIFs in HTML emails sent to our customers to track email response rates, determine when our emails are viewed, and track whether our emails are forwarded.

“FIRST” PARTY COOKIES AND “THIRD” PARTY COOKIES

In relation to whether a cookie is “first” or “third” party, reference is made to the domain that places the cookie.

First party cookies are cookies set by the website that the user is visiting at the time (e.g. cookies placed by us). Sometimes we may also use cookies to test new features of our Website on some of our users.

Third party cookies are cookies that are set by a domain other than the domain of the Website that the user is currently visiting. If a user visits a website and another entity sets a cookie through that website, it is a third party cookie.

HOW TO REMOVE AND BLOCK OUR COOKIES

You can block cookies by activating a setting in your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including cookies necessary for the operation of the Website), you may not be able to access all or some parts of our Website. Unless you have adjusted your browser settings to reject Cookies, our system will issue Cookies when you visit our Website.

WHAT COOKIES DO WE USE AND WHY?

In general, our Website uses Cookies to distinguish you from other users of our Website. Cookies used on our Website, whether used for service or commercial purposes, are categorized as follows:

a) Strictly necessary

b) Performance

c) Functional

d) Marketing and advertising targeting

“Strictly necessary” cookies provide functions without which our Website cannot be used for its intended purpose. These cookies are used exclusively by us and are therefore “first party cookies”. This means that all information stored in these cookies is returned to our Website. For example, a cookie may record that you are logged in to your User Account and you remain logged in when you visit various sub-pages of our Website. These cookies are therefore used to enable us to:

a) identify you the user as logged in to our Website,

b) ensure that you connect to the correct service on our Website when we make any changes to the operation of the Website,

Acceptance of these cookies is a condition of using the Website, so if you disable these cookies, the Website may not function properly and we may not be able to provide you with our Services.

Performance cookies collect information about how you use our Website, such as which pages you visit most often or whether errors occur. These cookies do not collect any information that can identify you and are only used to help us improve the performance of our Websites, understand what our users are interested in, and measure the effectiveness of our advertising.

We use performance cookies to:

a) Perform web analytics: to provide statistics on how our Website is used,

b) obtaining data on the number of Website users who have viewed a particular product,

c) help us improve the Website by measuring any errors that occur,

d) test different website designs.

Some of our performance cookies are managed for us by third parties. We do not allow third parties to use cookies for purposes other than those listed above.

Functional cookies are used to provide the Services or to remember settings to enhance your visit. We use functional cookies for the following purposes:

a) remember the settings you have used, such as layout, text size, language, preferences and colours,

b) remember whether you have dealt with a particular component or product list on the Website so that it does not appear again,

c) view when you are logged in to the Website,

d) provide and display embedded video content.

Some of these cookies are managed for us by third parties. We do not allow third parties to use cookies for purposes other than those set out above in the Services we provide to you.

Marketing and ad targeting cookies are used to identify a visitor’s interests and tailor advertising to their personal needs. This type of cookies are only used on the asekopool.com website.

Terms of Service POOL Live & POOL Remote

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POOL Live & POOL Remote