Kontakte

DATA ACT STATEMENT – KROMO PROFESSIONAL DISHWASHERS

  1. Purpose of this document

1.1.This document (hereinafter, the “DA Statement”) is issued by Ali Group s.r.l. – Division KROMO, as manufacturer and seller of connected professional dishwashers, in accordance with Article 3 (paragraphs 2 and 3) of Regulation (EU) 2023/2854 (hereinafter, the “Data Act”), and is intended to provide its Customer, as User of the connected equipment, with clear and comprehensible information regarding the data generated by the connected products and the related digital services provided through KROMO’s web portal and also accessible via mobile app (hereinafter, collectively, the “Portal”), the methods for accessing such data, the conditions governing their use, and the manner in which they are processed.

    1. In order to ensure that all Customers receive complete information, this document is delivered together with the technical documentation of the connected machine and published on the company website. Furthermore, this document is attached to the general terms and conditions of the Portal and forms an integral and essential part thereof.

Hereinafter, Ali Group s.r.l. – Division KROMO and the Customer may also be referred to individually as a “Party” and collectively as the “Parties”.

  1. Definitions

For the purposes of this DA Statement, the following terms and expressions shall have the meanings set out below:

  1. User: the Customer who has purchased or leased an KROMO connected professional dishwasher or to whom temporary rights to use such connected product have been contractually transferred.
  2. KROMO: Ali Group s.r.l. – Division KROMO, with registered office at Via Gobetti 2/A, Cernusco sul Naviglio (MI), and production site at Via del Lavoro 28, Castelfranco Veneto (TV), tax code and VAT number 13239980967, registered with the Milan Companies Register under no. 413239980967, e-mail address: kromo@kromo-ali.com
  3. Connected Product: the connected professional dishwasher manufactured by KROMO that obtains, generates or collects data concerning its use or environment and is capable of communicating such product data through an electronic communications service, a physical connection or on-device access.
  4. Data Holder: a natural or legal person who has the right or obligation, pursuant to the Data Act, to use and make available data, including, where contractually agreed, product data or related service data obtained or generated during the provision of a related service.
  5. Product Data: data obtained, generated, or collected by the Connected Product and relating to its performance, use, or environment.
  6. Related Service: a digital service, other than an electronic communications service, including software, connected to the product at the time of purchase, lease, or rental in such a way that its absence would prevent the connected product from performing one or more of its functions, or subsequently connected to the product by the manufacturer or a third party in order to add, update, or adapt the functions of the connected product.
  7. Related Service Data: data representing the digitization of User actions or events related to the connected product, intentionally recorded by the User or generated as a by-product of the User’s action during the provision of a Related Service.
  8. Readily Available Data: Product Data and Related Service Data that the Data Holder obtains or can lawfully obtain from the Connected Product or the Related Service without disproportionate effort beyond a simple operation.
  9. General Terms and Conditions: the general terms and conditions governing access to and use of the KROMO Portal, regulating the relationship between the User and KROMO with regard to the use of the Portal and the services available therein.

3. Manufacturer and Data Holder of the Connected Product and Related Services

3.1 The manufacturer of KROMO connected machines and, pursuant to the Data Act, the Data Holder of the data generated or collected by such machines, as well as the data generated through the use of the Related Services available to the User via the Portal and described in this Data Act Statement, is:

Ali Group s.r.l. – KROMO division

Registered office: via Gobetti 2/A, Cernusco sul Naviglio (Mi)

Production site: via del Lavoro 28 Castelfranco Veneto (TV)

TAX code and VAT number 13239980967

Registered with the Milan Companies Register under no. 413239980967

e-mail address: kromo@kromo-ali.com

Hereinafter, Ali Group s.r.l. – Division KROMO may also be referred to as the “Data Holder” or “KROMO”.

3.2 For any questions or complaints regarding access to data, KROMO, as Data Holder, may be contacted at the following e-mail address: kromo@kromo-ali.com

  1. Readily Available Data of the Connected Product and Related Services

4.1 Appendix 1 attached to this DA Statement contains a description of the type, format, estimated volume and collection frequency of the Readily Available Data generated and/or collected by the connected product and of the data generated in relation to the use of the Related Services.

4.2 The Readily Available Data covered by this Data Act Statement are so-called “raw” data generated automatically without any processing, except for such processing as may be necessary to render them usable and comprehensible.

4.3 KROMO shall update Appendix 1 as necessary to reflect any new product developments that may result in the provision of additional data to the User.

  1. Information Regarding Readily Available Data of Connected Products and Related Services

5.1 The Readily Available Data of the Connected Products and Related Services are made available to the User in structured, commonly used, and machine-readable formats such as csv and xls. The data may be downloaded by the User at any time through the Portal.

5.2 The estimated volume of product data depends on the operating characteristics, usage mode, and capacity of the Connected Product or the characteristics of a related service; such data volume generally ranges between 0 and 14,000 messages per day.

5.3 Data from the Connected Products and Related Services are generated continuously during operation of the Connected Product, while data sets are transmitted periodically.

5.4 Data may be stored on the device and/or on KROMO’s remote server, generally for a period of 24 months (or as otherwise specified through other available means).

  1. Methods of Access to Readily Available Data by the User
    1. The Readily Available Data generated by the Connected Product and in relation to the use of the Related Service provided through the Portal, as indicated in Appendix 1, are made available to the User, including the metadata necessary to interpret and use such data, in an easy, secure, and free-of-charge manner through KROMO’s Portal. Customers who purchase, lease or otherwise lawfully use an KROMO Connected Product are therefore always entitled to free access — through the Portal — to the Readily Available Data relating to the Connected Product and the Related Service provided through the Portal itself.
    2. For this purpose, the User shall register by creating a personal profile on the Portal, accessible through unique and confidential credentials. For registration on the Portal, the User must also accept the General Terms and Conditions governing access to and use of the Portal and App, which KROMO, as Data Holder, makes available to the User on the Portal prior to registration.
    3. The aforementioned General Terms and Conditions of the KROMO Portal contain all information concerning the conditions governing the use of the Services, including Related Services, available therein, including information regarding the duration and termination methods of such Services.
    4. Should the User require specific data from the Connected Products or the related Related Service that are not readily available (additional data), the User may notify KROMO, specifying the particular data requested, at the following e-mail addresses: kromo@kromo-ali.com for machines under the “KROMO” brand. KROMO shall determine the best approach for assessing the request, as in some cases additional data collection measures may be necessary.
    5. The User may also request the sharing with third parties of the Product Data and Related Service Data, for example for the provision, including remotely through the Portal, of fault monitoring and technical support services by KROMO service centers or dealers. Such request shall be made in accordance with the conditions set out in Article 9 below. In any event, the confidentiality of proprietary information relating to the Data Holder’s trade and technical secrets shall be safeguarded, including through confidentiality agreements and technical and organizational measures agreed with the third party.
  2. User Obligations
    1. The User undertakes not to use the Readily Available Data accessed to develop a connected product competing with the Connected Product from which such Data originate, nor to share them with a third party for that purpose. Furthermore, the User undertakes not to use such Data to obtain information regarding the economic situation, resources, or production methods of KROMO, as manufacturer of the products and Data Holder.

7.2 The User undertakes not to use coercive means or exploit vulnerabilities in KROMO’s technical infrastructure intended to protect the data in order to gain access thereto.

7.3 The User acknowledges and agrees that, where the User is not the data subject to whom the data relate, personal data generated through the use of the Connected Product or Related Service shall only be made available to the User where there is a valid legal basis for processing pursuant to Article 6 of Regulation (EU) 2016/679 and, where relevant, where the conditions under Article 9 of said Regulation and Article 5(3) of Directive 2002/58/EC are satisfied.

  1. Use of Connected Product and Related Service Data by KROMO
    1. KROMO undertakes to use the Connected Product Data and Related Service Data provided through the functionalities of the Portal solely for the purposes agreed with the User, as provided in the General Terms and Conditions and set out below:
  2. to allow the User free access to the Readily Available Data of the Product and Related Services through the Portal;
  3. to perform the Related Services and other Services requested by the Customer and available on the Portal, in accordance with the General Terms and Conditions of the Portal;
  4. to monitor and maintain the operation of the services provided through the Portal and ensure quality control of services and products;
  5. to improve and optimize the functioning of KROMO’s products and services, including Related Services, including through aggregation and statistical processing of such data;
  6. to develop new products or services by KROMO and/or with the support, including technical support, of third parties acting as suppliers or partners of KROMO, who shall be bound to use the data exclusively for such purposes and prohibited from sharing them with third parties.

8.2 KROMO undertakes not to use the Connected Product Data and Related Service Data to obtain information regarding the User’s economic situation, resources, or production methods, or regarding the User’s use of such data, in any manner that could undermine the User’s commercial position in the markets in which the User operates.

  1. Request to share Readily Available Data with Third Parties
    1. Upon request of the User, or a party acting on the User’s behalf, the User shall have the right to request the Data Holder to make the Readily Available Data, together with the relevant metadata necessary to interpret and use such data, available to third parties — excluding so-called gatekeepers (i.e., large online platforms as defined by Regulation (EU) 2022/1925). The Readily Available Data shall be made available to the third party without undue delay, with the same quality available to the Data Holder, in an easy, secure manner, free of charge for the User, in a comprehensive, structured, commonly used, and machine-readable format.
    2. Where the request for sharing with a third party also includes personal data and the User is not the data subject, such personal data shall only be transmitted to the third party where there is a valid legal basis for processing pursuant to Article 6 of Regulation (EU) 2016/679 and, where relevant, where the conditions under Article 9 of said Regulation and Article 5 (paragraph 3) of Directive 2002/58/EC are satisfied.
    3. The Customer may submit such request by contacting KROMO at the following e-mail address: kromo@kromo-ali.com. The third party may be required to pay specific compensation under fair, reasonable and non-discriminatory conditions and a specific agreement governing the relationship with such third party may be concluded. The Data Holder’s right to protect confidential information relating to its trade and technical secrets shall remain unaffected, including through specific clauses in the agreement with the third party, including provisions prohibiting the third party from using any received data to develop products competing with the connected product from which the data originate or to obtain information regarding the economic situation, resources, or production methods of the Data Holder.
  2. User’s Right to Lodge a Complaint

10.1 Without prejudice to the right to seek judicial remedies, the User shall have the right to lodge a complaint with the competent authority designated pursuant to Article 37 of the Data Act for any infringement of the provisions of Chapter II of the Data Act, including, by way of example, infringement of the User’s right to access the Readily Available Data of the Connected Product and Related Service or to share them with a third-party recipient under the conditions provided for in the Data Act.

Appendix 1

A: Readily Available Data generated by the Connected Product or in relation to the Related Service:

DATA TYPE

ESTIMATED DAILY VOLUME (number of messages)

UPDATE/REPORTING FREQUENCY

EVENTS
  1. Machine connection/disconnection and connectivity data

1000

Upon occurence of the event
  1. Wash cycle phases (e.g. wash, pause, rinse) and completion or interruption of the wash cycle

12000

Upon occurence of the event
  1. Alarms and warnings (e.g door open, failed filling, failed rinsing, failed regeneration, low tank temperature)

1000

Upon occurence of the event

INFORMATION AVAILABLE WHEN AN EVENT OCCURS

Date and time

Upon occurence of event A, B or C

Tank temperature

Boiler temperature

Wash cycle program (where applicable)

All data are available in CSV format.