This agreement on the access to and use of data is made between Aktiebolaget Electrolux (publ), reg. no 556009-4178, with office address S:t Göransgatan 143 S-105 45 Stockholm Sweden (‘Data Holder’, ‘we’, or ‘us’) and you as you identify yourself as the user within the meaning of the Data Act and declares your assent to the terms of this agreement by taking the following steps: giving consent, registering, accessing, or using the app or downloading materials or connecting to your appliance through the app (‘User’ or ‘you’) referred to below collectively as ‘the Parties’ and individually as ‘the Party’.
This agreement is made with regard to:
- the following connected product(s) (the ‘Product’): Product Data Information
- the following related service(s) (the ‘Related Service(s)’): any application for mobile devices from Data Holder.
You declare that you are either the owner of the Product or contractually entitled to use the Product under a rent, lease or similar contract and/or to receive the Related Service(s) under the terms of use for mobile applications.
You commit to provide upon our duly substantiated request any relevant documentation to support these representations, where necessary.
1. Product Data and Related Services Data
The data covered by the agreement (the ‘Data’) consist of any readily available Product Data or Related Service(s) Data within the meaning of the Data Act.
The Data consist of the Data listed in Product Data Information which may be updated from time to time, with a description of the type or nature, estimated volume, collection frequency, storage location, duration of retention of the Data.
2. Data use by us as Data Holder
2.1. Agreed use of non-personal Data by us
We undertake to use the Data that are non-personal Data only for the purposes agreed with you as follows:
- (a) performing any agreement with you or activities related to such agreement (e.g. issuing invoices, generating and providing reports or analysis, financial projections, impact assessments, calculating staff benefit);
- (b) monitoring and maintaining the functioning, safety and security of the Product or Related Service and ensuring quality control;
- (c) improving the functioning of any product or related service offered by us;
- (d) providing support, warranty, guarantee or similar services or to assess your, our or third party’s claims related to the Product or Related Service;
- (e) developing new products or services, including artificial intelligence (AI) solutions, either ourselves or by third parties acting on behalf of us (i.e. where we decide which tasks will be entrusted to such parties and benefits therefrom), in collaboration with other parties or through special purpose companies (such as joint ventures);
- (f) sharing the Data with any third parties (against compensation or as a donation without compensation);
- (g) aggregating these Data with other data or creating of derived data, for any lawful purpose, including with the aim of selling or otherwise making available such aggregated or derived data to third parties, provided such data do not allow specific data transmitted to us from the connected product to be identified or allow a third party to derive those data from the dataset.
2.2. We undertake not to use the Data:
- (a) to derive insights about your economic situation, and assets, or about your use of the Product or Related Service in any other manner that could undermine your commercial position on the markets in which you are active; or
- (b) in a manner that is otherwise significantly detrimental to your legitimate interests, in particular when such Data contain commercially sensitive Data or are protected by trade secrets or by intellectual property rights.
We undertake to apply such protective measures as are reasonable in the circumstances, considering the state of science and technology, potential harm suffered by you as a result of data loss or disclosure of data to unauthorised third parties and the costs associated with the protective measures.
3. Use of data processing services and sharing of non-personal data with third parties
We may also share Data which is non-personal data with third parties if the Data is used by the third party for the following purposes: to support us to provide any purposes described in 2.a (such as cloud processing…) or to provide any additional services you requested (such as voice control,…).
We will not make available non-personal product data to third parties for commercial or non-commercial purposes other than the fulfilment of our agreement with you.
4. Compliance with data protection law
We will not use, share with third parties or otherwise process any Data that is personal data unless this is permitted under Regulation (EU) 2016/679 (GDPR) and, where relevant, Directive 2002/58/EC (Directive on privacy and electronic communications). If you want to know more about our processing of your personal data, please see our Data Privacy Statement.
5. Your Data access and your rights under the Data Act
5.1. Direct Data access from the product or related service(s)
You may access Data directly from the Product or Related Service(s) as far as this is foreseen by the design of the Product or Related Service(s), in accordance with the information given to you by us. This right remains unaffected by this agreement.
5.2. Data quality, access arrangements and related support
We will make the Data available to you with at least the same quality as they become available to us. As a minimum, it will be in a comprehensive, structured, commonly used and machine-readable format.
5.3. Your access to the Data is described here Product Data Information.
5.4.
With regard to the making available of the Data to you, the Parties consider these requirements as fulfilled by the specifications described in this agreement.
6. Feedback loops, duty to re-negotiate and unilateral changes
If you identify a breach of clause 2, 3 or 5 of this agreement or on the Data quality and access arrangements, and if the Data received cannot be used by you, you must give us a detailed description of the alleged breach. If you consider your access right to be infringed, you may also be entitled to lodge a complaint with the competent authority, designated in accordance with Article 37(5), point (b) of the Data Act.
If any of the specifications concerning Data quality, access arrangements or support are insufficient to meet the requirements referred to in clause 5.2, the Parties undertake to enter into negotiations and adapt the specifications so that they meet the requirements. The same applies where circumstances change, so as to make the specifications impossible or unreasonable to achieve.
We may, in good faith, unilaterally change details regarding the specifications for the Data, access arrangements, if this is objectively justified – for example by a technical modification of the Product or Related Service or a change in our infrastructure.
We will in this case give notice of the change to you without undue delay after deciding on, or learning about, the change. Where the change may affect your Data access and use more than just to a small extent, we will give you notice to at least 1 month before the change takes effect.
A shorter notice period may suffice where such notice would be impossible or unreasonable in the circumstances, such as where immediate changes are required because of a security gap that has just been detected.
7. Data sharing upon your request
The Data, together with the relevant metadata necessary to interpret and use those Data, must be made available to a Data Recipient by us, upon your request , you can initiate this request by sending an email to datasharingrequest@electrolux.com or by completing the Third Party Data Sharing request form at www.electrolux.com.
Where you submit such a request, we will agree with the Data Recipient the arrangements for making the Data available under fair, reasonable and non-discriminatory terms and in a transparent manner in accordance with the Data Act. You acknowledge that a request cannot benefit a third party considered as a gatekeeper under Article 3 of Regulation (EU) 2022/1925 and does not apply in the context of the testing of new connected products, substances or processes that are not yet placed on the market.
8. Compliance with data protection law and other law
Where applicable, the legal basis for sharing personal data from you as a User is Article 6(1b) (performance of a contract) or 6(1f) (legitimate interest) of Regulation (EU) 2016/679 if not explicit consent according to Article 6(1a) is given from you. When you are not the data subject,
- We may not make the Data which are personal data available to you or to a data recipient, following your request, unless there is a valid legal basis for this purpose under Article 6 of Regulation (EU) 2016/679 and unless, where relevant, the conditions set out in Article 9 of that Regulation and of Article 5(3) of Directive (EU) 2002/58 are met;
- you may only use Data which are personal data, share them with third parties or otherwise process them to the extent permitted under Regulation (EU) 2016/679 and, where relevant, Directive 2002/58/EC.
In that respect, you must indicate to us, in each request presented, the legal basis for processing under Article 6 of Regulation (EU) 2016/679 (and, where relevant, the applicable derogation under Article 9 of that Regulation and Article 5(3) of Directive (EU)2002/58) upon which the making available of Product Data and/or Related Service Data is requested.
9. Protection of trade secrets
9.1. Applicability of trade secret arrangements
Where the User submits a request for data access, the Parties must agree on protective measures, when the Data or metadata to be shared contain trade secrets within the meaning of the Trade Secrets Directive, held by the Data Holder or another Trade Secret Holder within the meaning of the same Directive.
These protective measures, as well as the related rights agreed in clauses 9.3, apply exclusively to Data or metadata included in the Data to be shared by the Data Holder with the User (referred to below as ‘Identified Trade Secrets’).
The Identified Trade Secrets and the identity of the Trade Secret Holder(s) are set out here: Product Data Information.
If new data classified as Identified Trade Secrets becomes available to the User during the term of the Agreement, the Product Data Information will be updated accordingly.
The protective measures remain in effect after any termination of the Agreement, unless otherwise agreed by the Parties.
Before the Data are made accessible to the User, the User must apply the protective measures set out in this paragraph and as set out here: Product Data Information (hereinafter: ‘Identified Trade Secrets Measures’).
The Data Holder hereby declares that the Identified Trade Secrets Measures (i) are designed to prevent the unlawful disclosure of those secrets and (ii) neither discriminate between data recipients, nor hinder access to or the use of the identified trade secrets for data Recipient.
9.2. Protective measures taken by the Data Holder
Before the Data is made accessible to the User, the Data Holder may apply any appropriate technical and organisational protection measures set out in detail in the Product Data Information to preserve the confidentiality of the shared and otherwise disclosed Identified Trade Secrets. While doing so, the Data Holder must ensure:
- the safety of the Product and any Related Service, and of other products and services that are affected by the safety of the Product and any Related Service, and
- compliance with EU law or applicable national law as well as with the Data sharing and other contractual obligations in this agreement.
The Data Holder undertakes not to use such Identified Trade Secrets Measures as a way to discriminate between Users or to hinder (i) the User’s right to effectively obtain a copy, retrieve, use or access Data or provide Data to third parties under Article 5 of the Data Act or (ii) any right of a third party under EU law or national legislation implementing EU law as referred to in Article 8(1) of the Data Act.
9.3. Right to refuse, withhold or terminate
When requested by the User, the Data Holder must share the Data, including Identified Trade Secrets, in accordance with this agreement, and may not refuse, withhold or terminate the sharing of any Identified Trade Secrets, except as explicitly set forth in clauses below.
Where the protection measures do not materially suffice to adequately protect a particular Identified Trade Secret, the Data Holder may, by giving notice to the User with a detailed description of the inadequacy of the measures:
- unilaterally increase the protection measures regarding the specific Identified Trade Secret in question, provided this increase is compatible with its obligations under this agreement and does not affect the User, or
- request that additional protection measures be agreed. If there is no agreement on the necessary additional measures after a reasonable period of time, the Data Holder may suspend the sharing of the specific Identified Trade Secret by giving notice to the User and to the competent authority designated pursuant to Article 37 of the Data Act, with copy of this sent to the User.
As soon as the agreed additional protection measures have been implemented, the Data Holder must release to the User all of the specific Identified Trade Secrets withheld until that time.
The Data Holder must continue to share any Identified Trade Secrets other than these specific Identified Trade Secrets and is not entitled to terminate the Agreement.
If, in exceptional circumstances, the Data Holder is highly likely to suffer serious economic damage from disclosure of a particular Identified Trade Secret to the User despite the protection measures, the Data Holder may stop sharing the specific Identified Trade Secret in question.
Data Holder may do this only if it gives a duly substantiated notice to the User and to the competent authority designated pursuant to Article 37 of the Data Act, with a copy being sent to the User.
This notice must include objective information, in particular (where applicable):
- the enforceability of trade secrets protection in non-EU countries;
- the nature and level of confidentiality of the Identified Trade Secret in question;
- the uniqueness and novelty of the relevant connected product.
However, the Data Holder must continue to share any Identified Trade Secrets other than those specific Identified Trade Secrets.
If the User fails to implement and maintain the Identified Trade Secrets Measures as set out in this agreement and here: Product Data Information the Data Holder is entitled to withhold or suspend the sharing of the specific identified trade secrets, until the User has resolved the incident or other issue as described in the following two paragraphs.
The Data Holder must, without undue delay, give duly substantiated notice to the User and to the competent authority designated pursuant to Article 37 of the Data Act, with a copy sent to the User.
On receiving this notice, the User must address the incident/issue without undue delay (i.e., you must (i) assign the appropriate priority level to the incident/issue based on its potential detrimental impact and (ii) resolve the incident/issue in consultation with the Data Holder and otherwise in accordance with the applicable proceedings as set out here: Product Data Information).
The clauses above, also apply on a mutatis mutandis basis if one or more of the Identified Trade Secrets Holders are third parties.
Subject to the rights under this clause, the Data Holder hereby declares to the User that it has all relevant authorisations and other rights from (each) such third party Identified Trade Secrets Holder to enter into this agreement regarding the applicable Identified Trade Secrets and all of the related rights and obligation under this agreement.
10. Unauthorised use and/or disclosure by you
You may use and/or disclose the Data freely subject to the limitations below.
You undertake not to engage in the following:
- (a) use the Data you receive to develop a connected product that competes with the Product, nor share the Data with a third party with that intent;
- (b) use such Data to derive insights about our economic situation, assets and production methods;
- (c) use coercive means to obtain access to Data or, for that purpose, abuse gaps in our technical infrastructure Data which is designed to protect the Data;
- (d) share the Data with a third-party considered as a gatekeeper under article 3 of Regulation (EU) 2022/1925;
- (e) use the Data you receive for any purposes that infringe EU law or applicable national law.
We may apply appropriate technical protection measures to prevent unauthorised access to Data and to ensure compliance with this agreement. You agree not to alter or remove such technical protection measures unless agreed by us in advance.
11. Transfer of use and multiple users
11.1. Transfer of use
Where you contractually transfer (i) ownership of the Product, or (ii) your temporary right to use the Product, and/or (iii) your right to receive Related Services to a subsequent natural or legal person and loses the status of a user after the transfer to a Subsequent User, the Parties undertake to comply with the requirements set out in this clause.
You must:
- ensure that the Subsequent User cannot use your account,
- notify us of the transfer.
Our rights to use Product Data or Related Services Data generated prior to the transfer will not be affected by a transfer i.e. the rights and obligations relating to the Data transferred under the agreement before the transfer will continue after the transfer.
If your failure to comply with the above paragraph leads to the use and sharing of Product or Related Services Data by us in the absence of an agreement with the Subsequent User, you will indemnify us and hold us harmless in respect of any claims by the Subsequent User towards us for the use of the Data after the transfer.
11.2. Multiple Users
Where you grant a right to use the Product and/or Related Service(s) to another party (‘Additional User’) while retaining your quality as a User, the Parties undertake to comply with the requirements set out in this clause.
You must:
- include in the agreement between the User and the Additional User, as of the transfer date, on behalf of the Data Holder provisions substantially reflecting the content of this agreement and in particular clauses under point 4 describing the use and making available of Product and/or Related Service Data by the Data Holder (‘Flow Down Provisions’);
- the User will act as a first contact point for the Additional User if the Additional User makes a request under Articles 4 or 5 of the Data Act or a claim regarding the use or making available of the Data by the Data Holder under this agreement. The Data Holder should be notified of any request or claim in that regard without undue delay and the Parties must collaborate to address any request or claim.
12. Duration of the Agreement and Termination
12.1. Contract period
This agreement takes immediate effect. The agreement is concluded for an unspecified time, unless it otherwise expires in accordance with the clause below.
12.2. Expiry
Irrespective of the contract period agreed, this agreement expires:
- (i) until you decide to stop the use of the app, by removing the connection with your Product (if any) and asking for the deletion of your account through our App menu Please note that deleting the app from your mobile device will not automatically stop your Product from being connected to our services through the internet, and data will still be collected. If you want to remove such connection, this can be done through the app before deleting the app from your mobile device alternatively on the appliance itself by switching off Wifi.
- (ii) upon you losing ownership of the Product or when your rights with regard to the Product under a rental, lease or similar agreement or your rights with regard to the related service come to an end; or
- (iii) when both Parties so agree, with or without replacing this agreement by a new agreement.
Points (ii) and (iii) shall be without prejudice to the agreement remaining in force between us and any Subsequent User.
13. General Provision
13.1. Applicable law
This agreement is governed by the laws of Sweden.
13.2. Interpretation
This agreement is concluded by the Parties against the background of the Parties’ rights and obligations under the Data Act. Any provision in this agreement must be interpreted so as to comply with the Data Act and other EU law or national legislation adopted in accordance with EU law as well as any applicable national law that is compatible with EU law and cannot be derogated from by agreement.
If any gap or ambiguity in this agreement cannot be resolved, this agreement shall be interpreted in the light of the rules of interpretation provided for by the applicable law and, in any case, according to the principle of good faith and fair dealing.
13.3. Dispute settlement
The Parties agree to use their best efforts to resolve disputes amicably and, before bringing a case before a court or tribunal, to submit their dispute to any dispute settlement body in a Member State that fulfils the conditions of Article 10 of the Data Act.
Submission of a dispute to a dispute settlement body in accordance with the above clause does, however, not affect your right to lodge a complaint with the national competent authority designated in accordance with Article 37 of the Data Act, or the right of any Party to seek an effective remedy before a court or tribunal in a Member State.
Agreement last updated on 14th October 2025