The Essency water heater is an intelligent water heater and is sold as such to the user (purpose of sales contract).
The User is defined as he/she who uses the intelligent water heater and who has created an account on the Application defined hereafter.
What does ‘intelligent’ mean? Intelligent means that via the account the User has created on the Essency application (hereafter ‘Application’),
- The User can remotely control the water heater (heating programs, alert tracking and other settings)
- The User can follow his/her energy consumption and adapt it to his/her lifestyle by connecting to his/her personal account on the Application;
- The maker, ESSENCY, observes the operation of a fleet of intelligent water heaters including the User’s. The maker’s objective is to improve intelligent water heater performance in the best possible way, in particular that of the different components.
- General
ESSENCY, as defined hereafter, has always gone to great lengths in personal data protection (hereafter ‘Data’)
It is for this reason that your Data, as defined below, is processed in a secure manner and in compliance with EU law n° 2016/679 of the European Parliament and Council dated April 27th 2016 relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR) and the totality of French law in the field, in particular law n° 78-17 dated January 6th 1978 relating to IT, data and civil liberties, as amended (LIL).
The present document is designed to inform you of the processing of your Data by ESSENCY in particular within the framework of use of the Essency intelligent water heater and the Application.
- Head of processing and contact information
- ESSENCY
simplified joint stock company (société par actions simplifiée) listed at La Roche sur Yon Trade and Company Register under the number 852 785 559, with a share capital of 5 000 euros
Postal address: 2, rue Johannes Gutenberg 85500 Les Herbiers – France
- Data protection referent:
At any moment you may contact the Data protection referent by sending an email to the following address: or by post to: 2, rue Johannes Gutenberg 85500 Les Herbiers – France.
You will receive a prompt reply within 30 days of the date of reception of your request or if not the date of reception of your proof of identity.
- Legal grounds for processing and Purposes
ESSENCY processes Data, principally by collection, recording, organization, structuration, storage, use and distribution.
The table below illustrates the purposes and the legal grounds which govern the processing of your Data by ESSENCY (GDPR, article 6).
| PURPOSES | LEGAL GROUNDS |
| The execution of the intelligent water heater sales contract and the use of the Application with remote intervention to ensure optimum operation of the intelligent water heater (security, performance and durability) within the framework of the observation of the fleet of water heaters which includes the user’s. | in pursuance of the contract: the purchase of an intelligent water heater and the creation of an account on the Application (see Terms and Conditions or T&C) |
| The sending of automatic updates to ensure the optimal performance of the intelligent water heater | in pursuance of the contract: the purchase of an intelligent water heater and the opening of a private space on the Application (see Terms and Conditions of Use or T&C) |
| Striving against programmed obsolescence of products and components. | in pursuance of the contract: the purchase of an intelligent water heater and the opening of a private space on the Application (see Terms and Conditions of Use or T&C) |
| User setting of the intelligent water heater automatic programming according to household consumption. | in pursuance of the contract: the purchase of an intelligent water heater and the opening of a private space on the Application (see Terms and Conditions of Use or T&C) |
| Optimizing your navigation on the Application | in pursuance of the contract: the purchase of an intelligent water heater and the opening of a private space on the Application (see Terms and Conditions of Use or T&C) |
| Responding to inquiries in particular via the different contact forms | for customers in pursuance of contract: the purchase of an intelligent water heater and the opening of a private space on the Application (see Terms and Conditions of Use or T&C) for prospects: prior consent |
| Promoting and diffusing the activities of ESSENCY: organizing events and conferences, customer prospection, news and information on events and new products in the ESSENCY range, etc. | Legitimate interests |
| Dealing with requests concerning the exercise of your rights (Article 8 below) | Legal obligation (chapter III of GDPR ‘rights of individuals’) |
- Data concerned by different types of processing
ESSENCY may collect and process Data from its intelligent water heater and Application Users, from its prospects and from its distributor/installer contacts. Only the Data which is necessary to the aforementioned purposes (article 3) will be processed. Some Data is collected directly and some automatically.
- Data collected directly
Consent for Data processing is taken directly and explicitly from you. You may at any moment exercise your rights as defined hereafter in article 8. Should your Data be collected via a form; you will be informed of the obligatory or non-obligatory nature of this information by an asterisk (*) next to the field in question.
| Person concerned by the processing | Data that may be collected |
| Users of the Application | the intelligent water heater electronic card identification number Second by second, the temperature of the intelligent water heater the water flow the state of the different sensors and actuators (valves, pumps, etc.). the intelligent water heater User’s email. the location address of the water heater (more often than not the User address) |
| Prospects | identity: surname, first name contact details: email address, postal address, telephone number the needs of the prospect – content of the commercial offer. |
| Distributor/installer contacts | identity: surname, first name role in the company professional contact details: email address, professional telephone numbers |
- Data collected automatically
ESSENCY may collect Data automatically in relation to your connection when you use the Application:
- Evidence of connection (login, IP address, time and date)
- Data recipients
The Data collected is intended for use by:
- ESSENCY
- Subcontractors used by ESSENCY for the implementation of services and limited wholly to the tasks entrusted.
Specifically:
- Webhosting: OVH sis 2 rue Kellerman – 59100 Roubaix – France
- ESSENCY IT management service – AC Technologie sis 7, rue du Bon Puits 49480 Verrières-en-Anjou – France
ESSENCY, its staff and subcontractors pledge to respect the present laws in relation to Data in addition to the present Data protection policy.
ESSENCY requires its staff and subcontractors to exercise particular care concerning the confidentiality and security of Data.
- Duration of Data retention
We hold your Data in compliance with the duration required by the law in force and according to the objectives listed hereafter.
Below, the duration of retention for your Data.
| Data | Duration of retention | |
| Management of Users having created a private space on the Application | User Data (see article 4 above) | The whole length of the contractual relationship |
| Management of distributor/installer contacts | Professional contact Data (see article 4 above) | The whole length of the contractual relationship |
| Management of prospects | Prospect Data (see article 4 above) | 3 years from the end of the business relationship or from the last contact |
| Data from connections to the Application | IP address, time, date and length of each connection or information enabling the identification of the recipient of a communication. | 13 months from collection |
When you have finished using our services, we may store your Data under an aggregated or anonymous format.
Notwithstanding the above, we may also hold your Data as is reasonably necessary to comply with our legal obligations, to enable us to resolve disputes and to enforce our agreements.
- Security and storage of Data
ESSENCY pledges to ensure the security and confidentiality of your Data conscientiously in compliance with an adequate level of protection laid out by the CNIL.
ESSENCY frequently tests its internal procedures in case of technical or physical incidents to guarantee you and maintain a high level of reactivity and optimum efficiency.
Nevertheless, given the architecture of the Internet and networks, ESSENCY cannot pledge guarantees on the obligation of security in term of results. In the case that ESSENCY should detect a shortcoming in security which may put your rights and freedoms at risk, ESSENCY shall inform you promptly and take the necessary measures as far as possible to neutralize the intrusion and minimize the impact.
ESSENCY regularly carries out back-ups of your Data to limit the impact of any breach in security.
- Exercising your rights
You have every right to access the Data that we are holding concerning yourself and correct, update, rectify, erase or modify all or part of your Data if it is inexact or has been processed in violation of the current law on Data protection.
You may also exercise your right to portability.
To exercise your rights, you can send an email to the ESSENCY GDPR referent (see article 2 above).
In this case, you will accompany your request with elements necessary for your identification (surname, first name, email address) in addition to any other necessary information to confirm your identity.
If in doubt, ESSENCY may request a copy of your ID in compliance with the legal provisions thus pertaining.
ESSENCY pledges to treat your request to exercise your rights as promptly as possible except in situations where juridical or legitimate reasons oblige them to retain your Data.
ESSENCY reserves the right to charge any actual costs concerning your request while respecting the limits laid out by the LIL.
In case of non-agreement, you may file a complaint with the CNIL (Commission Nationale de l’informatique et des libertés): https://www.cnil.fr/fr/plaintes.
For more information on personal data, you can consult the CNIL website: https://www.cnil.fr
- Modification of the Data Protection Policy
ESSENCY reserves the right to modify the present document, in particular to comply with the legal and reglementary provisions in this field. ESSENCY will update it on the Application when these provisions come into effect.
ESSENCY will take every reasonable commercial measure to inform all of its Users of any substantial modifications to the present personal Data protection policy, namely by the use of notifications on the Application.
Nevertheless, you should regularly consult the present policy. To facilitate the tracking of modifications, the date of the ‘last update’, to be found at the beginning of the present document, will be amended, which will then be considered as the effective date for our Data protection policy.
To continue access or use of our services after the update implies acceptance. If you do not accept the updated Data protection policy, you must stop all access to and use of our services.