PRIVACY STATEMENT FOR OCTOPUS ENERGY FRANCE WIFI  APPLICATION

The use of the Fleximax application (« The Application ») is governed by these terms and conditions of use. Any individual or entity (« The User ») that accesses, for whatever reason, the Application and its content is automatically, fully and unreservedly linked to these conditions. The simple act of navigating or using the Application implies full acceptance of these conditions.

OCTOPUS ENERGY FRANCE, which makes the Application available, reserves the right to modify the present terms of use at any time, at its sole convenience and without notice. Any change in these use orders will come into effect as soon as it goes online.

Access to the Application can be interrupted, suspended, modified without notice for maintenance or otherwise at any time. The user is obliged not to claim any compensation as a result of the interruption, the above pension or the modification of these conditions.

Protecting your privacy and personal data is also at the heart of our concerns.

The application allows Users to control products equipped with the ADEME project “Fleximax” technology via their mobile devices, the following conditions also aim to describe the information that OCTOPUS ENERGY FRANCE collects and hosts and to explain how the information collected for the use of The Application will be used.

Head of Enforcement

This Application is made available under these terms and conditions by:

Octopus Energy, 87 Rue de Richelieu, 75002 Paris, France

Below called OCTOPUS ENERGY FRANCE

Octopus Energy France is also responsible for processing personal data and defines what use and how your personal data is used.

Vigilance and personal security

IN ORDER TO PROTECT YOUR IDENTITY IN THE APPLICATION, OCTOPUS ENERGY FRANCE STRONGLY RECOMMENDS THAT YOU KEEP YOUR PASSWORD COMPLETELY CONFIDENTIAL, USE A PASSWORD THAT IS DIFFICULT TO FIND (EXAMPLE: A PASSWORD THAT CONTAINS BOTH LETTERS AND NUMBERS AND IS NOTHING LIKE YOUR USERNAME). UNDER NO CIRCUMSTANCES OCTOPUS ENERGY FRANCE WILL CONTACT YOU TO ASK FOR YOUR PASSWORD.

Your responsibilities, certifications, agreements and consents

Each User of the App:

  • undertakes to comply with these terms and conditions and applicable laws and regulations in its use of the Application.
  • Is fully responsible for verifying the information it says about the Application.
  • Is fully responsible for the direct or indirect consequences, whatever their nature, of the use of the Application.

Each User guarantees OCTOPUS ENERGY FRANCE against any complaints, claims, actions and/or claims that OCTOPUS ENERGY FRANCE may suffer as a result of the violation, any of the provisions of these terms and conditions and undertakes to compensate OCTOPUS ENERGY FRANCE for any harm it would suffer and to pay it any costs, charges and/or convictions it may have to bear as a result, including its legal costs.

The User is informed and accepts that OCTOPUS ENERGY FRANCE reserves the right, in the event of a violation of any of the provisions of these general releases or violations of applicable laws and regulations, to:

  • Suspend or end access to the User’s Application,
  • Take all appropriate measures and take any legal action,
  • Notify, cooperate with, and provide all relevant information to the relevant authorities, and provide them with all the information relevant to the search and enforcement of illegal or illegal acts.

Prohibited actions and behaviors.

It is forbidden to access or attempt to access another User’s account. Similarly, it is forbidden to open an account Fleximax for a dwelling of which you are not the occupier, as long as you would have access to third-party personal data.

It is prohibited to use the Application in a manner that would violate applicable laws and regulations, including copyright, trademarks, trade secrets, or any other intellectual property rights of OCTOPUS ENERGY FRANCE, third parties, or that would violate privacy (including personal data), or any other personal rights of third parties.

It is prohibited to violate or attempt to violate the security of the Application, to test the technical vulnerability of the Fleximax application, or to attempt to disrupt access to the Fleximax application or the services offered within the Application

It is forbidden to use software designed to change the appearance of the Application.

The Company’s rights, commitments, guarantees and responsibilities.

OCTOPUS ENERGY FRANCE strives to provide as accurate information as possible on the Application. However, it cannot be held responsible for the omissions, inaccuracies and deficiencies of the Application.

All information on the Application is given as an indication and is likely to change. In addition, the information on the Application is not exhaustive. They are given subject to changes that have been made since they were put online.

OCTOPUS ENERGY FRANCE assumes no responsibility for the direct or indirect consequences, whatever the nature, of the use of the Application. In particular, it is specified that consumption data are only estimates. OCTOPUS ENERGY FRANCE cannot be held responsible for the inaccuracy of these estimates.

OCTOPUS ENERGY FRANCE assumes no responsibility for any cost paid to use the Application (internet connection, phone charges, etc.).

OCTOPUS ENERGY FRANCE reserves the right, without notice and at its sole convenience, to close, ban, modify or delete the account of one or more Users and to limit and/or prohibit access to the Application of one or more Users.

OCTOPUS ENERGY FRANCE does not guarantee full effectiveness or security of the Application and assumes no responsibility for damage, loss or any other consequence caused by problems related to the effectiveness or safety of the Application. OCTOPUS ENERGY FRANCE assumes no responsibility for any problem or reason dependent or independent of OCTOPUS ENERGY FRANCE that would make navigation on the Application difficult, prevent full or partial access to the Application, or allow one or more users to access the personal information or accounts of one or more Users.

OCTOPUS ENERGY FRANCE reserves the right to close the Application at any time, without notice, at its sole convenience, temporarily or permanently, and assumes no responsibility for the consequences, direct or indirect, caused by the closures of the Application.

Intellectual property

Trademarks, logos and signs of the Application are protected by the Intellectual Property Code and by copyright.

It is forbidden to sell, modify, reproduce, copy, distribute or make any other use of the application’s content for public or commercial purposes without the express permission of OCTOPUS ENERGY FRANCE.

It is forbidden to use, for any purpose or reason, the application’s content on another website or intranet network without the prior and written permission of OCTOPUS ENERGY FRANCE.

What personal data is collected?

OCTOPUS ENERGY FRANCE collects the following information:

  • Information related to the creation of the customer account
  • Information from devices connected

When you install Fleximax on your tablet or smartphone, you will be asked to complete the following information:

  • First name
  • Lastname
  • email
  • postal address
  • phone number

This information will then be integrated into your profile, which you can access using the username and password you have provided.

This information has two objectives:

  • How OCTOPUS ENERGY FRANCE features work Fleximax, such as displaying weather or air quality data in your city;
  • understanding the environment in which OCTOPUS ENERGY FRANCE branded products evolve, allowing us to improve their thermal performance and application functionality.

Information from devices connected

Different devices connected via Fleximax have features that collect information such as:

  • temperature
  • estimating your energy consumption.
  • connected device settings (walking/stopping function, set temperatures, heating programs….)
  • your mobile device’s Geo-location data
  • Metering data from Linky
    • Meter number
    • Load curve
    • Consumption index
    • Max subscribed power
    • Max reached power
    • Geo-location (@electricity grid)
    • Subscribed rate type
  • Building type
  • Customer type
  • Geo-location (@broadcast network)

This information that you can consult is necessary to allow you to use the various functions of Fleximax as well as to optimize your thermal comfort by accessing the different functions of your devices equipped OCTOPUS ENERGY FRANCE.

What are your rights to your personal data?

As a user of Fleximax services, you have the right to:

  • request that the processed data about you be deleted from our files. If you exercise your right to be forgotten, and you have access to a customer space on a website, that access will then be suspended since your ID will be deleted from our files. We cannot delete your data while an order for you is in progress or as long as there is a dispute between you and us or, more generally, as long as we need your data to execute a contract or fulfill one of our obligations.
  • to object to the collection and processing of data about you when it is not strictly necessary.
  • access the data collected about you and retrieve it in a standard electronic format.
  • get it rectified.
  • to request a limitation of their treatment – for example by refusing any use for prospecting purposes.

These rights can be exercised by contacting us:

Octopus Energy, 87 Rue de Richelieu, 75002 Paris, France

You also have the right to lodge a claim with a supervisory authority and to file a legal appeal, especially if your applications for the exercise of rights have not been processed within one month of being filed.

How long do we keep your data?

The personal data in your profile can be retained until the account is deleted Fleximax After deleting the account we only remember the operating information of the so-called technical products.

Technical information is anonymized and stored indefinitely to ensure (i) continuity of service when an account is re-created using the same product (ii) to enable us to improve the operation of our devices.

Where do we keep your personal data?

The treatments that OCTOPUS ENERGY FRANCE is likely to perform on personal data are carried out in data centers housed in the European Union.

In the event of a transfer of personal data to group companies or subcontractors established outside the European Union, OCTOPUS ENERGY FRANCE then undertakes to ensure that these recipients comply with the provisions of Regulation (EU) 679/2016.

What are our obligations to your personal information?

OCTOPUS ENERGY FRANCE takes all reasonable and necessary steps to protect processed data from unauthorized access, use, modification or destruction of personal (or potentially personal) data.

We have commitments to the security of our services, and we have physical, administrative and technical measures in place to prevent unauthorized access to your data. Our security policies cover security management for internal operations and our services. These policies govern all areas of service security and apply to all OCTOPUS ENERGY FRANCE employees as well as to our service providers and subcontractors who need access to this data.

If we determine that your data has been misappropriated or otherwise mistakenly acquired by a third party, we will inform you as soon as possible, as well as the supervisory authority (the CNIL in France).

How is this information used?

Use of data by OCTOPUS ENERGY FRANCE

We only use your personal data for the purposes of your Fleximax account. We promise never to sell them without your consent.

Other so-called technical information relating to the settings of your devices is used for analysis, improvement of our devices, the OCTOPUS ENERGY FRANCE application Fleximax and to offer you new innovative services.

Thus, OCTOPUS ENERGY FRANCE processes your personal data on the following legal bases:

  • when you gave us your consent for us to process your personal data, or
  • as part of OCTOPUS ENERGY FRANCE‘s legitimate interest in processing your personal data (if Fleximax has an interest in processing your data that is justified, balanced and does not infringe on your privacy) or
  • as part of a processing of personal data made mandatory by a law

How is the collection of personal data of minors?

Although OCTOPUS ENERGY FRANCE does not seek to collect personal data on minors, some services may be used by minors. In this case, it is up to the parents and any person exercising parental authority to decide whether their minor child is willing to use the services of OCTOPUS ENERGY FRANCE.

How can you delete your account?

Here’s how to delete your account:

  1. Open the app.
  2. If you’re not already logged in, sign in to your account.
  3. Open your account settings in the menu.
  4. Select the option labeled ‘Delete my account.’
  5. Follow the prompts to confirm the deletion.

By following these steps, your account and associated personal data will be permanently removed from our system

Jurisdiction

These terms of use are governed, interpreted and applied in accordance with French law.

The French courts of the Company’s headquarters will be solely competent to hear any dispute relating to these, including, without this enumeration being limited, their validity, their interpretation, their execution and/or their termination and its consequences.