# EU Data Act

Source: https://nivona.com/tm/eu-data-act
Language: tm

## Pre-contractual information pursuant to Article 3(2) and (3) of Regulation (EU) 2023/2854 (EU DATA ACT)

Among other things, the EU Data Act governs access to data generated through the use of connected products and related services. We provide the following information before you enter into a purchase, rental or leasing agreement for a connectable NIVONA fully automatic coffee machine, or into an agreement for the related service NIVONA Connect. You may save and reproduce this page without alteration. The processing of personal data is also subject to our privacy notice at  [https://nivona.com/privacy/](https://nivona.com/privacy/) .

## Manufacturer, data holder and trade secret holder

The manufacturer of the connected NIVONA fully automatic coffee machines and provider of the related service NIVONA Connect is NIVONA Apparate GmbH, Südwestpark 49, 90449 Nuremberg, Germany, telephone +49 911 252663-0. The company is registered in the Commercial Register maintained by the Local Court of Nuremberg under HRB 21537. The managing directors are Peter Wildner and Christian Fritsch. Email:  [info@nivona.com](mailto:info@nivona.com)

If you have any questions about access to data under Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data (Data Act), you can contact us at any time using the contact details above.

NIVONA is a data holder within the meaning of Regulation (EU) 2023/2854 insofar as NIVONA lawfully controls product data and related service data made available through the coffee machine, NIVONA Connect, another interface or a cloud service. NIVONA is also a trade secret holder insofar as data generated or made accessible by the product or related service contains protected technical, commercial or other confidential information. The protection of these trade secrets remains unaffected when data is made available in accordance with Regulation (EU) 2023/2854.

## Connected products and related services covered

This information applies to the following connectable product series and models:

Product series (internal identifier) | Models |  EF253 | NICR 790, 791, 792, 793, 794, 795, 796, 797, 799 |

EF573 | NICR 756, 758, 759, 768, 769, 778, 779, 788, 789 |

EF568 | NICR 1030, 1040 |

EF698 | NICR 960, 965, 970 |

EF1040 | NIVO 8101, 8103, 8107, 8112 |

EF1040 Nitro | NIVO 8111, 8113, 8115, 8117 |

EF1187 | NIVO 8141 Pro |

EF1109 | NIVO 9101, 9103 |

EF1190 | NIVO 7101, 7105 |

## Technical requirements

Connected NIVONA fully automatic coffee machines generate or collect data about their use, operation and settings and can make this data accessible via NIVONA Connect, an electronic communications connection, a physical connection or access directly on the device.

NIVONA Connect is an optional related service for compatible NIVONA fully automatic coffee machines. Its features may include managing individual coffee recipes, displaying usage statistics, remote control and software updates, provided that the respective feature is enabled for the specific model, software version and country.

Details of registration, terms of use, contract duration, renewal, cancellation, termination of the user account and, where applicable, discontinuation of individual features are set out in the applicable terms of use.

Non-connected NIVONA devices without a communications interface or related service are covered by this information only insofar as data can be accessed directly on the device or using a suitable service tool.

## Type, format and estimated volume of product data

During use, NIVONA fully automatic coffee machines store certain technical product and usage data. Depending on the model, this includes in particular:

- Device serial number

- Number of beverages prepared

- Maintenance and cleaning cycles

- Error messages

- Software version

- Device settings

## Data types and format

The data is stored and provided in JSON format. The volume of data is small, amounting to just a few kilobytes per device.

In NIVONA Connect, all supported fully automatic coffee machines are handled using a standardised data model. The collected data differs only in the model designation. A separate breakdown of app data by model or software version is therefore not provided.

## Frequency of data collection and real-time capabilities

Data relating to beverage preparation, maintenance, cleaning and descaling is generated or updated on the coffee machine when the relevant operation takes place. Error messages stored on the device are generated when the corresponding event occurs. Changes to device settings and recipes are saved or synchronised when they are made. This is distinct from the retrieval of data by NIVONA Connect and its subsequent transmission to NIVONA servers.

NIVONA Connect collects data when it is read from the fully automatic coffee machine. For statistical data, this happens when the user opens the statistics in the app; the data is then transmitted to NIVONA servers. No other automatic data retrieval takes place.

For devices that are not connected, no data is transmitted to NIVONA Connect or the cloud service. The data is stored locally and can be read using a suitable service tool when servicing is required.

Error and diagnostic messages from the app are stored separately from the product and usage data read from the fully automatic coffee machine. This diagnostic channel contains technical information about the smartphone but no user data or coffee machine serial number.

## Storage on the device and on remote servers; retention periods

In particular, device identification, configuration, counter, operating and error data may be stored in the coffee machine's local memory insofar as this is necessary for product functionality, display in the device menu, troubleshooting or subsequent synchronisation. Depending on the model, local storage generally continues throughout the device's service life.

For devices linked to the app, the data is also stored on NIVONA servers in Germany. Cloud storage continues for the duration of the respective user account; after the account is closed, the data is deleted unless statutory retention obligations or other legal grounds prevent this.

Data retrieved during repairs or servicing may be stored on servers for warranty, billing, repair, quality assurance and product monitoring purposes for the duration of statutory or documented retention periods. Once the purpose no longer applies, NIVONA deletes or anonymises the data. For personal data, the principle of storage limitation under Article 5(1)(e) of the General Data Protection Regulation also applies.

## Use of data by NIVONA

To the extent legally permitted and necessary, NIVONA uses product data and related service data in particular to perform and fulfil contracts, provide and operate NIVONA Connect, carry out maintenance and repairs, analyse errors, provide customer support, monitor products and ensure product safety, assure quality, improve existing products and related features, and develop new ones. Data may be aggregated, pseudonymised or anonymised for these purposes.

Recipients or categories of recipients may include affiliated companies within the NIVONA Group, authorised service and repair partners, providers of hosting, cloud, communications and IT security services, software and platform service providers, and logistics and support service providers.

NIVONA uses non-personal data that is readily available only on the basis of an agreement with the user.

## How can I access my data?

Important technical requirement:  NIVONA cannot communicate remotely with the devices. Access to machine data is therefore only possible if the device has been connected to the NIVONA Connect app at least once or if the device is presented to a service partner or the NIVONA Service Point.

NIVONA provides a two-tier access model:

- Direct access: Beverage counters, maintenance and cleaning cycles, and other data enabled for the specific model can be viewed on the device display. Recipes, statistics and other data available in NIVONA Connect can be viewed directly in the app and downloaded in JSON format.

- Report on request: Additional accessible product data and related service data can be requested via [info@nivona.com](mailto:info@nivona.com) as a consolidated report in CSV format. The request must include at least the device serial number and the email address registered to the NIVONA account; NIVONA may request further reasonable information to ensure secure identification and authentication.

Access to data is provided free of charge, without undue delay and, as a general rule, within 14 days of receipt of a complete and sufficiently specific request. The dataset provided will be comprehensive, structured, commonly used and machine-readable, unless Regulation (EU) 2023/2854 provides for a restriction. NIVONA may limit the data provided to the extent required by law, in particular to protect trade secrets or prevent serious impairment of security.

Rectification and deletion:  You may request the correction of inaccurate data. For legal reasons, counter and operating data stored on the device – particularly beverage and cleaning counters – generally cannot be reset or deleted. NIVONA can therefore comply with a deletion request only in respect of usage and account data generated in the app. Deletion may result in related features, account histories or service offerings becoming unavailable or available only to a limited extent.

Data from devices without connectivity can be read via the device menu or by an authorised service partner. On request, NIVONA will inform you which data is accessible for the respective model.

## Sharing data with third parties designated by users

You may request that NIVONA transmit accessible data to a third party designated by you in accordance with Article 5 of Regulation (EU) 2023/2854. The request must be sent to  [info@nivona.com](mailto:info@nivona.com)  and must include the device serial number, your contact details, the identity and contact details of the designated third party, and the desired format and scope of the data. The requirement set out in section 7 also applies here: NIVONA must have obtained access to the data through the app or through servicing.

Data is shared free of charge unless Regulation (EU) 2023/2854 permits otherwise. The user may withdraw consent to future data sharing at any time. NIVONA may impose reasonable confidentiality and security requirements and refuse or restrict the provision of data where this is necessary to protect trade secrets, prevent serious impairment of security or comply with a statutory exclusion. Undertakings designated as gatekeepers within the meaning of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector (Digital Markets Act) are not eligible to be designated by a user as third parties under Article 5(3) of Regulation (EU) 2023/2854.

## Right to lodge a complaint

You have the right to lodge a complaint with the German Federal Network Agency (Bundesnetzagentur) regarding the handling of your data. Where the processing of personal data is concerned, you may also contact the data protection supervisory authority responsible for you or for us.

## Version and amendments

This information is current as of October 2026. NIVONA will provide information at this address about changes to the scope of data resulting from software updates.
