Terms for using Grundfos digital solutions
Terms of Use
Description of Services
When using Grundfos digital solutions (“Digital Solutions”) you can access information and services provided by Grundfos.
The Digital Solutions consist of the Grundfos webpage, from which you can use specific services, such as self-service solutions, contact forms, requests for premium content etc., and specific Grundfos applications that can be accessed without having created an account such as Grundfos GO Apps and Grundfos Product Center. For some of the applications there will be an additional EULA and you will be able to create an account and get access to further modules of the applications.
Acceptance of Terms
The Digital Solutions that Grundfos provides to you including any updates, enhancements, new features etc., are subject to the following Terms of Use ("TOU"). Grundfos reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Legal Issues" hypertext link located at the bottom of our webpages.
By accessing the Digital Solutions or using the website in any manner, you agree to be bound by these TOU.
Disclaimer
Grundfos provides the Digital Solutions as a service and for information purpose only. The transmission of this information does not create any form of relationship with Grundfos. You should not act upon information provided through the Digital Solutions without seeking personal assistance from Grundfos. While we have attempted to maintain the information, the software and any other services in the Digital Solutions as accurate as possible, the Digital Solutions may contain errors or omissions for which we disclaim any and all liability. The material and contents of Digital Solutions is provided "as is", and without warranty of any kind.
Neither Grundfos nor any of its affiliates are responsible for any loss of hardware, software or files, caused by the use of the Digital Solutions or elements downloaded or used from/in the Digital Solutions. Hence Grundfos makes no warranty, that the Digital Solutions or services provided in the Digital Solutions, either by Grundfos or on Grundfos’ behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or without errors, or that the Digital Solutions or the servers used by Grundfos are free of viruses or bugs or are fully functional or accurate. Grundfos endeavours to maintain the Digital Solutions and their operation, but Grundfos is not and cannot be responsible for any defects that may exist in the Digital Solutions or the operation of the Digital Solutions.
Grundfos may provide links to other websites or make third party applications available. Your use of such third party web sites and/or applications is at your own risk.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Grundfos nor any of its affiliate's total liability to you exceed the amount paid by you, if any, for using the Digital Solutions.
Unlawful or Prohibited Use
As a condition of your use of the Digital Solutions, you will not use the Digital Solutions for any purpose that is unlawful or prohibited by these TOU. You may not use the Digital Solutions in any manner that could damage, disable or overburden any Grundfos server, or the networks connected to any Grundfos server, or interfere with any other party's use of any Digital Solutions. You may not attempt to gain unauthorized access to any Digital Solutions, other accounts or to any Grundfos server, through hacking or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Digital Solutions.
You may not knowingly introduce viruses, trojans, worms or other material, which is malicious or technologically harmful.
Intellectual Property
The Digital Solutions and each of the elements making them up, including in particular the graphic charter, data, software, texts, logos of the Digital Solutions, are protected by intellectual property law, i.e. in particular copyright and/or trademark law.
The Digital Solutions and each of the elements making them up are owned exclusively by Grundfos Holding A/S.
Grundfos Holding A/S grants you a limited, non-exclusive license to use the Digital Solutions as specified for each Digital Solution.
Any other use of the Digital Solutions or of one of their elements constitutes an infringement of rights unless previously and specifically in writing authorized by Grundfos Holding A/S.
Indemnification
You shall indemnify, defend and hold Grundfos (including its subsidiaries) harmless from any liability, claim, loss and expenses, including reasonable attorneys' fees and expenses, relating to your violation of these Terms of Use or use or misuse of the Grundfos Account.
Legal disputes
Any dispute arising from the use of the Applications or the interpretation of the TOU
is governed by the laws of Denmark, excluding its conflicts of law rules. The exclusive venue for any and all disputes arising from or in connection with this EULA shall be Copenhagen City Court, Denmark.
If the laws applicable to these conditions might at a later date be interpreted or changed to the effect that one or several of the clauses become ineffective or invalid such shall not entail the invalidity of the conditions as a whole.
Miscellaneous
Grundfos reserves the right to modify, suspend or terminate the Digital Solutions at any time, without cause or notice. Grundfos also reserves the right to terminate access to and use of the Digital Solutions by you, your Access Administrator or any of your Authorized Users at any time, without cause or notice. Without limiting the generality of the foregoing, Grundfos may suspend or terminate your access to the Digital Solutions at any time if you violate any of the TOU.
The TOU constitute the entire agreement between Grundfos and you as the user, superseding any prior agreements.
If Grundfos does not enforce any particular provision, Grundfos is not waiving its right to do so later. If a court finds any of the terms non-applicable to you in particular, the remaining terms will survive. Grundfos may assign this agreement in its sole discretion to any legal entity in the Grundfos Group.
Privacy Policy
To deliver the Digital Solutions, Grundfos collects personal data about you. When you use Grundfos Digital Solutions, you acknowledge that Grundfos processes your personal data in accordance with this Privacy Policy.
At Grundfos we recognise that you may wish to maintain the confidentiality of the personal information you give online and we are aware that we are obliged to provide appropriate protection and responsible processing of all the personal information we receive.
If you feel that you cannot accept this Privacy Policy, we advise that you do not use Grundfos’ Digital Solutions.
What kinds of data do we gather and process?
When you are using Grundfos’ Digital Services, Grundfos may collect personal data about you such as your name, company, e-mail address, phone number, address and IP address as well as logging the chat session between you and the Grundfos chat agent when you use the chat forum (“Personal Data”).
Grundfos registers and processes Personal Data to deliver the requested services when you:
- Are using certain self-services and contact forms,
- Send us an enquiry or give us feedback,
- Use our chat forum available in various countries
- Give any kind of Personal Data to us via our website or applications.
You are free to decide whether you want to provide your Personal Data to Grundfos. However, you are obliged to provide the Personal Data in order to use Grundfos’ Digital Solutions. If you do not provide the Personal Data you will not be able to use all
functionalities in Grundfos’ Digital Solutions.
For which purposes do we gather and process Personal Data?
Grundfos is using your Personal Data to deliver the requested services under the Digital Solutions requested by you, including to get into a dialogue with you about offerings etc. when requested.
Further, Grundfos is using the Personal Data and your use of the Digital Solutions to give you the best possible advice, for knowledge- and intelligence gathering and analysis purposes, in order to create a complete customer picture and get a bigger understanding on the demands and behaviours of our customers. We utilise this knowledge to create more customised user experiences. Finally, when communicating in the Grundfos chat forum, the chat session between you and Grundfos is logged and a copy of the chat session is saved to ensure that the chat function works optimally and to allow Grundfos chat agents to search for previous chats involving you, in order to help you better.
Grundfos does not store information on methods of payment, such as credit card numbers, bank account numbers, or similar.
The legal basis for collecting the Personal Data
The processing of your Personal Data is based on the understanding between you and Grundfos that you will use one or more of Grundfos’ Digital Solutions, and that the processing of your Personal Data is necessary for the fulfilment of the purposes mentioned above. The processing of your Personal Data is thereby considered necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract, which is Grundfos’ 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.
Who is the data controller and who do we disclose personal information to (data processors)?
Grundfos Holding A/S, Poul Due Jensens Vej 7, 8850 Bjerringbro, Denmark, telephone +45 87 50 14 00, and your local Grundfos entity (jointly referred to as “Grundfos”) are joint data controllers and responsible for data security and the processing of your Personal Data according to the specific purposes mentioned above. Please see this link for an overview of local Grundfos entities.
Grundfos can share your 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: Microsoft provides IT infrastructure.
- Google, Gordon House, Barrow St, Dublin 4, Irland: Grundfos uses Google Webmaster Tools & Search Console and Google Analytics. In addition to this, Grundfos places “Google DoubleClick Adservices” (online advertising tool) scripts on its websites. Grundfos does not itself have access to the Google Doubleclick service which is managed by Dentsu Aegis Network A/S.
- Dentsu Aegis Network A/S, Overgaden Neden Vandet 7, Postboks 2089, 1414 Copenhagen K, Denmark: Dentsu Aegis Network A/S manages online advertising.
- Adobe Systems Ireland Limited, 4-6 Riverwalk, Citywest Business Campus Dublin 24, Saggart, Ireland: Grundfos uses Adobe Experience Cloud solutions to build, manage, and optimise Grundfos’ digital solutions.
- MaxMind. 14 Spring Street, 3rd Floor, Waltham, MA 02451, USA: MaxMind delivers IP based location services to show relevant information on a map centered on your location.Marketo Inc. Corporate Headquarters, 901 Mariners Island Boulevard, Suite #500 (Reception), San Mateo, CA 94404, USA: Marketo delivers email based automated marketing. Facebook,
4-5 Grand Canal Square, Dublin, Ireland: Facebook provides Facebook
Pixel-script on the websites for more effective targeting of online ads.
- LinkedIn, LinkedIn Ireland Unlimited Company, Gardner House, Wilton Place Dublin 2, Ireland: LinkedIn occasionally provides LinkedIn Website Retargeting-script on the websites for more effective targeting of online ads.
- LogMeIn Ireland Ltd., Bloodstone Building, 1st Floor Bloodstoney Road, Sir John Rogerson's Quay, Dublin 2, Ireland: LogMeIn provides storing and searching assistance for chat transcripts.
- IDSM, Lehrer-Vock-Str. 11, 55411 Bingen am Rhein, Germany: IDSM provides and support the Grundfos Service Map system.
- SAP DANMARK A/S, Lautrupsgade 11, 2100 København Ø, Denmark:
SAP assists Grundfos in the processing of customer data and provides the system for the processing.
- Other local companies within the Grundfos Group that will assist with IT support for the above systems.
- 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 applicable law requires (e.g. governmental authorities, courts, external advisers and similar third parties that are public bodies).
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 Grundfos – please see the contact information below in the ‘How can you access your Personal Data?/Further rights’ section.
Retention period
We store your Personal Data only for as long as this is necessary for the above-mentioned purposes, namely to deliver the requested services to you, to communicate with you, to allow Grundfos chat agents to search for previous chats involving you and as long as necessary to create more customised user experiences for you. Your Personal Data will, however, never be stored for longer than 37 months.
Some of your Personal Data may, however, be stored for accounting purposes or for
defence of legal claims. This Personal Data will be stored until the expiration of the statutory limitation period. Moreover, some of your Personal Data may be stored in an anonymised form that does not allow you to be identified.
How can you access your Personal Data?/Further rights
Under applicable law, you have various rights (under the conditions set out in applicable law).
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 or wish to use one or more of your above rights, you are welcome to contact Grundfos Holding A/S by calling +45 87 50 14 00 or filling out the contact form on our website. Some Grundfos companies have a local data protection officer whom you may also contact. Please see this link for an overview of data protection officers.
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.
Changes to the Privacy Notice
We reserve the right to change or supplement this Privacy Notice at any time. The current Privacy Notice will always be available on Grundfos’ company website.
