Privacy policy

INFORMATION REGARDING THE PROCESSING OF PERSONAL DATA OF USERS OF THE LA MARZOCCO HOME AND LA MARZOCCO PRO APP IN ACCORDANCE WITH ART. 13 OF REGULATION (EU) 2016/679 (“GDPR”)

La Marzocco S.r.l. (hereinafter, “Data Controller”, “Company” or “La Marzocco”), pursuant to art. 13 of (EU) Regulation 2016/679 (hereinafter, “GDPR”), releases information relating to how it processes the personal data (hereinafter, also “Data”) of the users of the Apps “La Marzocco Home” and “La Marzocco Pro” (hereinafter, jointly, the “App”).

Data Controller and Data Protection Officer (DPO)

The Data Controller is La Marzocco S.r.l., with registered office in Viale Giacomo Matteotti 25, Florence (IT), C.F. and VAT number 04040140487. The Data Controller can be contacted at the following e-mail address: [email protected].

The Data Controller has appointed its own Data Protection Officer (“DPO”), who can be contacted at the following e-mail address: [email protected].

1. Categories of personal Data processed

The Data processed by the Data Controller through the App are:

  1. Personal Data, such as: name, surname and e-mail address of the user.
  2. Device Data: Data from the device employed by the user to operate the App, such as, for example, device ID, device signals (Bluetooth) and IP address.
  3. Geolocation Data, such as: address (only for La Marzocco Home App), ZIP Code, Province, Country, collected through the device used by the user to configure his/her coffee machine and/or for the use of specific functions offered by the App (for e.g., Store Locator).
  4. Coffee machine Data, such as: serial number and machine operating and setting Data (for example, number, type and time of coffee emissions made).
  5. Further Data provided by the user, such as: hobbies, gender and date of birth.

2. Purposes of the processing

The Data collected by the Data Controller through the App are processed for the following purposes:

  1. manage the registration of the user’s profile on the App
  2. provide support service and technical assistance
  3. identify and report to the users the points/events of interest and assistance centers closest to them
  4. subject to the user’s consent, send newsletters and/or other information and promotional material relating to the activities, products and services offered by the Data Controller (Direct Marketing)
  5. subject to the user’s consent, to analyze their interests, habits and consumption choices, as well as their preferences and purchasing behavior with regard to the products and services offered by La Marzocco, in order to personalize information and promotional communications sent to them by the Data Controller (Profiling)
  6. prevent and combat the phenomenon of unauthorized sale, through unofficial parallel channels, of the coffee machines marketed by the Company
  7. ascertain, exercise or defend the rights of the Data Controller in court
  8. carry out statistical analyzes and surveys, without being able to trace the user's identity
  9. fulfill a legal obligation to which the Data Controller is subject

3. Lawfulness of processing

The legal bases underlying the processing of Data are as follows.

For the purposes referred to in letter a), b) and c), the legal basis of the processing is that relating to the performance of a contract to which the user is a party (pursuant to Article 6, 1, b) of the GDPR).

For the purposes referred to in letter d), and e), the legal basis of the processing is represented by the user’s consent (pursuant to Article 6, 1, a) of the GDPR).

For the purposes referred to in letter f) and g), the legal basis of the processing is represented by the legitimate interest of the Data Controller to prevent and combat the phenomenon of unauthorized sale of its products, as well as to protect its rights in court (pursuant to Article 6, 1, f) of the GDPR).

With reference to the purpose referred to in letter h), it is specified that the related processing is not performed on personal Data and, therefore, can be freely carried out by the Data Controller.

For the purposes referred to in letter i), the legal basis of the processing is that relating to the need to fulfill the legal obligations to which the Data Controller is subject (pursuant to Article 6, 1, c) of the GDPR).

4. Nature of the provision of Data

The provision of personal Data is necessary to be able to provide the user with the services offered through the App. Any refusal to provide personal Data, therefore, would preclude the Data Controller from providing the services referred to in the purposes indicated in letter a) and b).

The provision of Data for the purposes of Direct Marketing (letter d)) and Profiling (letter e)) is entirely optional and does not affect the use of the services. The users, in any case, always has the right to their consent, by contacting the Company at the e-mail address [email protected] and indicating which consent (s) they intend to revoke (their consent for Direct Marketing and/or Profiling).

The provision of geolocation Data for the purposes of: (i) provision of support service and technical assistance (letter b)); and (ii) identification and reporting to the users of points/events of interest and assistance centers closest to them (letter c)), is optional. Failure to provide such Data, therefore, does not affect the use of the services, but only precludes providing the users with a detailed indication of the points/events of interest and/or assistance centers closest to them, on the basis of their exact geographic location.

The provision of geolocation Data for the purpose of preventing and contrasting the phenomenon of unauthorized sale of the Company’s products (letter f)) is mandatory. Any refusal to provide geolocation Data affects the ability for the user to subscribe to the App and use the services provided by the Company through it.

The provision of additional Data (such as hobbies, gender and date of birth) is entirely optional. Therefore, any failure to provide such Data does not in any way affect the user’s registration to the App, nor the use of the services.

5. Data retention period

The Data processed for the purposes referred to in letter a) are kept until the moment of any request for cancellation of the account, sent by the user to the e-mail address [email protected] and, subsequently, until the time allowed by Italian law to protect the interests of the company (art. 2946 et seq. of the Italian Civil Code) from possible complaints relating to the services.

The Data processed for the purposes referred to in letter b) are kept for the time strictly necessary to pursue the purposes of support and technical assistance. In any case, since this is a processing carried out for the provision of services, La Marzocco will process the Data up to the time allowed by Italian law to protect its interests (art. 2946 et seq. of the Italian Civil Code) from possible complaints relating to the services.

The Data processed for the purposes referred to in letter c) are not subject to retention. The geolocation Data, in fact, are processed only for the time strictly necessary to allow the users to identify the points/events of interest and/or the assistance centers closest to them on the basis of their exact position and, at the end of their operation, they are automatically deleted.

The Data processed for the purposes referred to in letter d) are kept until the time of any withdrawal of consent, sent by the user to the e-mail address [email protected].

The Data processed for the purposes referred to in letter e) are kept for no more than 24 months from the date of their collection.

The Data processed for the purposes referred to in letter f) are kept until the moment of any request for account cancellation and/or objection to the processing, sent by the user to the e-mail address [email protected].

The Data processed for the purposes referred to in letter g) are kept for the entire duration of the judicial dispute, until the end of the terms of enforceability of the appeals.

The Data processed for the purposes referred to in letter i) are kept for the time required by the specific legal obligation to which the Data Controller is subject.

6. Data recipients

The Data may be shared, for the purposes referred to in point 2 above, with the following Recipients:

  1. subjects who typically act as data processors, such as: (i) companies in charge of the development and supply of IT applications, instrumental to the provision of services; (ii) subjects delegated to carry out technical maintenance activities; (iii) other companies of the La Marzocco Group and/or distributors, involved in the maintenance and assistance activities provided by the Company to the user; (iv) persons, companies or professional firms that provide assistance and advice to La Marzocco in accounting, administrative, legal, tax and financial matters
  2. subjects, bodies or authorities to whom it is mandatory to communicate the Data by virtue of the provisions of law or orders of the authorities, or to prevent and/or identify any fraudulent activities or abuses in the use of the App and the services offered by the Data Controller
  3. companies that provide services and/organize events in partnership with La Marzocco.

Subjects authorized to process the Data

The Data may be processed by the Company’s staff and operators appointed to pursue the aforementioned purposes, who have been expressly authorized for processing by the Data Controller, have received appropriate operating instructions and are bound by professional secrecy.

7. Transfer of Data to third countries

Some of the Data are shared with Recipients who may be found outside the European Economic Area. La Marzocco ensures that the processing of Data by these Recipients takes place in compliance with the GDPR. Indeed, transfers may be based on an adequacy decision, on the Standard Contractual Clauses approved by the European Commission or on another suitable legal basis. More information is available from the Data Controller, by writing to [email protected].

8. Rights of the interested party

By contacting the Company by e-mail at [email protected], the users can ask the Data Controller to access the personal Data, their cancellation, the rectification of inaccurate Data, the integration of incomplete Data, the restriction of processing in the cases provided for by art. 18 GDPR, as well as to object the processing, for reasons connected to their particular situation, in the hypothesis of legitimate interest of the Data Controller.

Furthermore, in the event that the processing is based on the user’s consent or on a contract of which the user is a party and is carried out with automated tools, the user has the right to receive the Data in a structured format, able to be used by and readable by an automatic device, as well as, if technically feasible, to transmit them to another data controller without hindrance.

The user, by contacting the Company by e-mail at [email protected], also has the right to withdraw the consent given at any time. Regarding this point, however, it should be noted that the withdrawal of consent does not affect the lawfulness of the processing based on consent before the withdrawal.

The user also has the right to lodge a complaint with the competent supervisory authority, pursuant to art. 77 of the GDPR, if he/she believes that the processing of his/her Data is in contrast with the legislation in force.

 

 

TERMS AND CONDITIONS FOR THE USE OF “PRO APP” AND “HOME APP”

When you access and use “PRO APP” and “HOME APP” for mobile devices (jointly “App”) we will assume that you have read and are aware of the terms and conditions which are set out below, that, together with any other page or document referred to herein make up the terms and conditions (together, the “Terms”) under which La Marzocco S.r.l. (“La Marzocco”) allows you to use the App.

These Terms, within the limits set for the use of the relevant services, apply to any user who uses the App (“User” in the singular and “Users” in the plural) and they do not modify, but rather complement, any other legal term and/or condition in force between Users and La Marzocco. Users may access the App for free.

Installation and use of the App imply the full acceptance of the Terms by Users. Therefore, Users are invited not to use and/or to download the App and not to use the relevant services if it is not their intention to accept the Terms.

The App may be downloaded from available Stores [(Apple Store (Apple) and Play Store (Android)] to be installed and used only on smartphones.

•••

1. Information regarding La Marzocco S.r.l.

La Marzocco S.r.l., with registered office at Viale Giacomo Matteotti, n. 25, Florence (FI), taxpayer identification and VAT number 04040140487, a company engaged in the production and sale, worldwide, of coffee machines, coffee grinders and other related products used in bars and restaurants, primarily under the trademark “La Marzocco”, is the owner or in any case the legitimate licensee of the App.

 

2. App services.

By accessing the App, the User will be able to take advantage of customized services through specific sections within the App itself and make use of its IoT features (“App Services”).

Specifically, by accessing the specific sections, Users will be able to use various functions related to the coffee machine, including but not limited to:

  • News;
  • Tutorials;
  • FAQs;
  • Map Locations (relating to "La Marzocco" points of interest);
  • remotely turning on and putting on stand-by the coffee machine;
  • scheduling of start-up and stand-by timing;
  • configuration of boiler temperature parameters;
  • pre-brewing activation and deactivation;
  • adjustment of pre-brewing times;
  • real time monitoring of coffee brewing;
  • access to statistics relating to the use of the coffee machine;
  • where supported by the coffee machine model, dose management and/or firmware update;
  • water parameters (PRO APP only);
  • cup warmer status (PRO APP only);
  • tea doses (PRO APP only);
  • users management (PRO APP only);
  • group mode settings (PRO APP only);
  • notifications (PRO APP only).

 

3. App access and use.

Users will be able to make use of the App Services only after registering and creating an account (“Account”).

Users may register on the App by tapping on the “Create Account” button and choosing a username and a confidential password and providing the required data.

In order to create an Account through the App, Users undertake to provide accurate, actual and complete information and, if necessary, to keep updated the information they provide, it being understood that they are solely responsible for the truthfulness and accuracy of same as well as of any damages originating from the failure to comply with this undertaking.

Users are responsible for ensuring the confidentiality of their access data and their control of all activities carried out through the App, unless they inform La Marzocco, providing relevant proof thereof, that their Account is being and/or has been used by third parties without their consent. Users undertake immediately to inform La Marzocco in writing, to the addresses listed in the "Reporting violations" section of these Terms, in the event they suspect or become aware of any improper use of any undue disclosure of the access data to their Accounts.

La Marzocco will not be liable to Users and/or their assignees and to third parties for any direct, indirect and/or consequential damages, including any loss and or cost incurred as a result of suspensions and interruptions of the App Services. In any case, Users undertake to indemnify and hold La Marzocco harmless from any claim and demand made for whatever reason also by third parties in connection with the use of the App.

La Marzocco may cancel or suspend any User's Account and block such User from accessing the App, as well as to take any other action it may deem from time to time to be appropriate and proper, at any time and without advance notice, when La Marzocco:

(i) reasonably believes that a User is using the App in breach of these Terms;

(ii) reasonably believes that a third party is using the Account of a User without such User's consent;

(iii) reasonably believes it is necessary to cancel or suspend a User Account and/or block such User's access to the App for security or maintenance purposes.

 

Users may request at any time the cancellation of their Accounts and/or report any issues through the link in the User profile page.

Following a cancellation request, Users will receive an email asking to "Confirm Account Cancellation" through which they will be able to confirm their intention to proceed with the closing of their account by clicking on "Confirm cancellation".

Use of the App is granted for free to Users exclusively for personal and non-commercial purposes.

The App may not be used by minors under 18 years of age.

To the extent permitted by applicable laws, La Marzocco does not provide any express or implied warranty with reference to the App which is provided "as is" and "as available".

4. Changes to the App and amendment of the Terms.

With a view to improving user experience with reference to the App and the App Services, App functions may undergo changes from time to time, without La Marzocco being able to inform Users in advance of any such change.

In this connection, and in any case whenever the need for adjustments arises in order to comply with current provisions of law, the contents of these Terms may also be subject to changes, in whole or in part, and therefore Users are invited to visit periodically this section of the App in order to review from time to time the most updated version of these Terms. The continued use of the App and of the App Services by Users following any changes made by La Marzocco will be considered as an acceptance of changes made to the Terms and/or to the App Services.

 

5. Intellectual Property rights and license terms.

La Marzocco is the owner or, in any case, the legitimate licensee of any copyright and related right and/or of any other intellectual or industrial property right however connected with the App and the App Services, including, without any limitation, the structure and the organization of the software and any other right to the App, any update, change or integration of the App, any audio-video work and/or document in general included in the App, as well as all the information and/or the contents related to the App (collectively, the “Material”), as well as any trademark, logo, domain name or other distinguishing mark, whether registered or not, referring to La Marzocco and/or however associated with La Marzocco (the “Trademarks”).

Both the Material and the Trademarks are protected by copyright laws, by the provisions of Legislative Decree n. 30/2005, as well as by applicable international treaties and, therefore, any use of same which is not expressly authorized by these Terms and/or by applicable laws and regulations is expressly prohibited.

In particular, but not exclusively, Users, unless expressly authorized in these Terms or otherwise allowed by applicable laws, are prohibited from:

• reproducing in any form whatsoever, in whole or in part, directly or indirectly, temporarily or permanently, the Material and/or the Trademarks;

• carrying out any reverse-engineering and decompiling activity with reference to the App, attempting to access the relevant source code in order to create derivative works or for other purposes;

• selling, assigning, sub-licensing, transferring or distributing the App;

• using the App and the App Services for any illegal, obscene, abusive, offensive, harassing or inappropriate purpose or selling or providing goods or services to third parties;

• altering or making changes of any kind to all or part of the Material and/or of the Trademarks, or attempting to interfere with the App and its operation.

Any use of the Material, of the Trademarks and/or in any case of the App in breach of these Terms will result in the suspension of the Account with the consequent termination of App access and use by the registered User, who may be asked, at the sole discretion of La Marzocco, to return or destroy any Material which may have been unlawfully used and/or reproduced.

La Marzocco, in compliance with these Terms, grants to the User the right to use and install the App in order to access the App Services on a non-exclusive, personal, non-transferable, non-sublicensable, free basis.

 

6. App contents and absence of liability.

La Marzocco accepts no liability regarding App content and information entered either by third parties or by Users as well as relating to the use of App Services by Users.

La Marzocco therefore may not be held liable for any damage or loss related to or connected with the use of the App or in any case resulting from information provided by Users through the App or from the services provided by the App.

Use of the App Services is entirely at the risk of Users.

To the extent permitted by applicable law, La Marzocco will not be liable for any direct, indirect or consequential damage (including any damage from loss of earnings, business interruption, loss of business information, or any other financial loss) or loss resulting from the use (or from the improper use) of the App and of the App Services. The liability of La Marzocco for losses and/or damages incurred as a result of the contents of the App and of the App Services will be limited to the removal of any such contents or material which may have caused them within a reasonable time. In any case, La Marzocco will not be liable for damages and prejudices of any nature caused by a lack of continuity, availability, reliability, usability of the App and of the App Services, including in particular, but not limited to, any damages due to errors in accessing them. La Marzocco will not be liable for any loss or for any other circumstance resulting from the misappropriation, theft or use of any identification data of User (username and password) relating to the App Services, which are attributable to the relevant User.

In the event applicable laws do not allow for the exclusion or limitation of warranties and liabilities towards Users, the above limitations will apply to the fullest extent permitted by such laws.

 

7. Ownership and use of App data.

All App data and, in any case, all data uploaded by Users to the App and/or however sent through the App and the machine - other than the personal data indicated in article 8 below - are the exclusive property of La Marzocco to which Users expressly grant the relevant ownership and exploitation rights for any purpose, including statistical, product development and optimization and machine functioning analyses.

8. Processing of Personal Data.

The personal data of the Users are processed by La Marzocco – as Data Controller – in compliance with the provisions of the General Data Protection Regulation no. 2016/679 (“GDPR”), as well as any law and provision on data protection applicable from time to time, as specified within the PRIVACY POLICY.

La Marzocco hereby declares that the personnel engaged in the processing of personal data involved directly and/or indirectly in the performance of the activities referred to in these General Conditions are informed about the confidential nature of such personal data and have received adequate training on their responsibilities.

 

9. Confidentiality.

La Marzocco undertakes, for itself, for its staff and for any external collaborators employed during the performance of the activities referred to in these General Conditions, to maintain the highest confidentiality on any confidential information of which it may have knowledge on the occasion of the Services. Confidential Information means all data and information exchanged between the parties, shared between them or known on the occasion of the Services, independently of the fact that they bear the words "Reserved", "Confidential" or other equivalent indications. All information that is, or becomes, in the public domain shall not be considered Confidential.

 

10. Applicable law and dispute resolution.

These Terms are governed exclusively by Italian law.

Any dispute however connected with these Terms is to be submitted to the exclusive jurisdiction of the courts of the Republic of Italy, with express waiver of any other jurisdiction.

Without prejudice to the jurisdiction of the natural forum of a consumer, should a User be qualified as such based on applicable laws, and without prejudice for any other mandatory legal limits, any dispute however connected with these Terms will be submitted to the exclusive jurisdiction of the Court of Milan.