GENERAL TERMS AND CONDITIONS FOR USING

MOBILE APPLICATION  

 

 

Welcome to Charge&Go mobile app!

 

Charge&Go is registered and protected trademark, and the web platform and mobile applications for iOS and ANDROID phones are the property of the Company for Production, Trade and Services MT-KOMEX Ltd. Belgrade, 22b Oslobodjenja, Registration number 06542590, Tax identification number: 100172856 (hereinafter MT-KOMEX).

 

The User of the mobile application is a natural or legal person who meets the criteria set out in these General Terms and Conditions for using mobile application (hereinafer: Terms), who has read and understood the Terms and fully agreed to them and who, after entering the necessary data, gave consent for personal data processing.

 

The Terms will be periodically updated or changed and afterwards will be published on the MT-KOMEX website at the address www.chargego.rs, as well as in mobile applications. In the event of a change and/or revision of the Terms, in order to continue using the application, the User will be asked to agree to the changed Terms.

 

SERVICE DESCRIPTION

 

Charge&Go mobile application for iOS and ANDROID mobile phones are intended for users – natural persons who are at least 16 years old, who own and/or use electric vehicle and who purchase the service of using a charging point for electric vehicle provided by MT-KOMEX. The User uses Charge&Go mobile application without paying to MT KOMEX, while the use of internet infrastructure for downloading the application and its use in real time are paid to the internet access service provider at the prices agreed by the User.

 

Mobile application Charge&Go allows registered users:

 

instruction for use/setup of the application with the consent for access and use of mobile device services,

to use and pay the service for using charging points on the entire territory of the Republic of Serbia, the region, as well as in the countries of the European Union;

to use maps with the display of available charging stations/charging points for an electric vehicle;

to define and manage the password for access to the part of the application for payment;

notifications about used services to the User’s e-mail address and history all the transactions;

to form user account where the User can see the data of his/her user account and history of all transactions for charging an electric vehicle;

to review and change personal data of registered user;

promotions and notices, as well as to see and save personalized promotions;

an option to delete the account in case they stop using the application

 

USING THE APPLICATION

 

The User confirms that he uses the application and the Internet solely at his own risk, and irrevocably agrees that MT-KOMEX does not give any guarantees or assume responsibility for any possible damages that the User suffers when using the application and the Internet. The User releases MT-KOMEX of any liability for guaranteeing the availability of the Internet as MT-KOMEX does not have any control over Internet.

 

By downloading and installing the application, the User accepts all the risks that may arise from its use and undertakes to use the content of the application exclusively for personal use and at his/her own risk. The User undertakes to do everything in his/her power to ensure that a third party does not come into possession of the device on which the application is installed, and that he/she will not allow anyone unauthorized access to his personal account on Charge&Go mobile applications.

 

MT-KOMEX shall not be liable for any and all possible damages caused by unauthorized use of mobile phones, computers or other devices on which the web platform or mobile application is installed or unauthorized access to User’s personalized data stored within the application on these devices.

 

Password protection of the application is enabled and contained in the settings, and entering the password allows access to the part of the application intended for purchase. The password is defined by the User during the installation of the application and he/she is responsible for its storage and confirms that he/she is aware of the fact that MT-KOMEX is not familiar with the password, nor does it store data on defined passwords.

 

The User undertakes to use all services of the application exclusively in accordance with their purpose and to refrain from any actions that could jeopardize their normal operation.

 

When installing the application by ticking the provided field, the User will give consent for the processing of provided personal data, while the processing of personal data will be performed on the basis of the given consent by ticking the field of acceptance of GENERAL TERMS AND CONDITIONS FOR USING THE CHARGING POINT FOR ELECTRIC VEHICLES, as well as these TERMS AND CONDITIONS FOR USING MOBILE APPLICATIONS. In case that the User wants to receive personalized and other promotional messages, he/she has given special consent for data processing by accepting these conditions. To create personalized offers, and to customize offers to the User, MT-KOMEX can access Users’ history of transactions.

 

 

 

 

LIMITATION/DISCLAIMER OF LIABILITY

 

By accepting these Terms, the User fully releases MT-KOMEX from any liability for the damage that may occur from the use of the application, damage that in any way originates or is in any way related to the use of the application.

 

The User fully releases MT-KOMEX from liability for any consequences arising from the actions or omissions of the User resulting from the use or misuse of the application content, as well as for any damage that may be caused to the User or any third party regarding the use or misuse of application content.

 

PRIVACY AND DATA PROTECTION

 

Pursuant to Article 23 of the Law on Personal Data Protection (“Official Gazette of RS”, no. 87/2018 – hereinafter: Law), fulfilling the duty of the Controller in the capacity of a legal entity towards the User from whom the data related to him/her are collected, MT-KOMEX provides the User with the following information at the time of data collection:

 

 

Data Controller:           MT-KOMEX Ltd. Belgrade, 22b Oslobodjenja St., registration number 06542590,

Tax identification number: 100172856.

 

Contact data:               MT-KOMEX Ltd. Belgrade, 22b Oslobodjenja St., registration number 06542590,

Tax identification number: 100172856, call center: +381 (11) 77 04 566,

e-mail:support@chargego.rs,

web site: www.chargego.rs

 

Personal data:  MT-KOMEX Ltd. Belgrade is binded to protect the privacy of users of the web platform and mobile applications.

By entering their personal data into the application, users agree to the personal data processing in accordance with the privacy and data protection policy regulated by these Terms. Personal data processed by MT-KOMEX Ltd. Belgrade consist of the data that users have submitted directly and the data that users have submitted indirectly.

 

The data that the users submit directly are: Name and surname, address details, telephone number, e-mail address that also represents the username for logging in to the web platform and mobile applications, payment card, consent for personal data processing and consent to the General Terms and Conditions for using mobile application Charge&Go.

 

After installing the mobile application, the User is shown the General Terms and Conditions for using mobile application during the process of creating a user account. It is necessary that the User reads, understands and agrees with the General Terms and Conditions, as well as that, before using the application, if he/she agrees, to give his/her consent by ticking the provided field, as well as to give his consent to the processing of personal data that he/she enters in the application.

 

The processing of User’s data for the functionality of the application itself is done on the basis of consent. The legal basis for data processing is the contractual relationship between the User and MT-KOMEX.

 

The data that the users provide indirectly are: Analytical data on the use of the application that are collected for the purpose of analysis and optimization of the application usage and User’s experience; Application and device information such as User’s IP address, User device ID, User device operating system version, and the like stored on the device that users use through the application to access services.

 

Geolocation data (User location data) is not stored. Google Maps is displayed on the home screen and provides information about the nearest charging station and/or charging point as well as the User’s current location, only if the User has turned on the location tracking option on his/her mobile device.

 

Google Maps provides the ability to display all charging stations and/or charging points with available type, charger power (fast or slow), and available connectors. After selecting the desired charging station/charging point, the application will offer the User navigation to its location within the integrated Google Maps.

 

Geolocation data is also necessary for the execution of the transaction, in order to protect users in case of possible misuse. If the distance of the User/User’s mobile phone from the location of the station/charging point is greater than 100 meters, the option of using the charger is not enabled and the service will not be provided.

 

PURPOSE AND JUSTIFIED REASONS FOR PERSONAL DATA PROCESSING

 

Purpose and basis for personal data processing:

 

realization of the contract on providing the service of using chargers for electric vehicles as well as for managing the process of possible complaints and appeals of application users,

 

ensuring the security of services provided through the application in order to ensure their proper use, to prevent misuse of the application and application services as well as to identify and/or investigate fraudulent activities,

 

to share User’s data with third parties when necessary, which can happen in three cases:

 

  1. When using the option of registering User account via a social media profile, in case the User connects the application with his profile on one of the social media, in which case MT-KOMEX can use data (name, surname, e-mail and profile photo) obtained by the social network in accordance with the privacy rules of that social network;

 

  1. In the event of a change of the application ownership, the User must be notified that their personal data has been transferred to the new owner and he can decide whether he/she wants to continue using the application services, while the new data controller is obliged to undertake all the obligations provided by law.

 

  1. When entering data on payment cards in the application, the data are also submitted to banks with which MT-KOMEX has concluded a contract for the provision of services for processing payment transactions arisen from using the application according to the bank terms. Payment card data is stored in the system of the company that provides the service of payment transaction processing, in accordance with the Payment Card Industry Data Security Standard (PCI DSS), while the charge&GO application does not store any data on User’s payment cards.

 

Payment cards are displayed in the application only with the truncated card number, where only the last 4 digits of the card number are displayed. Any other card information are not, in the app, nor can be seen there.

 

Data security during payment transaction is guaranteed by the payment card processor, the complete billing process is performed on the WS Pay website, while payment card data is never available to the MT-KOMEX system, nor to the web platform or mobile application.

 

When entering payment card data, confidential information is transmitted via the public network in a protected (encrypted) form using SSL protocols and PKI systems, currently the most modern cryptographic technology. In accordance with PCI DSS standards, data transfer and privacy are protected by TLS 1.2 cryptographic protocols, while in case of using an older version of the browser it is necessary to include the possibility of using the TLS 1.2 protocol.

 

In case the User’s payment card is registered to the MC SecureCode or Verified by Visa service, it will be necessary to perform additional transaction authentication, as defined by the cardholder’s Bank, by entering a one-time password. In case the User does not know his/her code or has any need for assistance when using the card, it is necessary to contact the bank, ie. payment card issuer.

 

In the event of a refund to the User who has previously paid with one of the payment cards, regardless of the reason for the refund, MT-KOMEX is obliged to refund only through VISA payment methods, which means that the bank will return the money to the cardholder ‘s account on request of MT-KOMEX.

 

DATA STORAGE DURATION/REVOCATION OF CONSENT FOR PERSONAL DATA PROCESSING

 

MT-KOMEX undertakes to keep all personal data for a period of 12 months from the date of the last transaction of the User.

 

The User can revoke the consent at any time. When revoking the consent for personal data processing, the User is informed that MT-KOMEX has the right to stop providing the service through the application. If the User revokes the consent for personal data processing, the data will be anonymized. The User can withdraw the consent via the application or by sending an e-mail to support@chargego.rs.

 

USER’S RIGHTS CONCERNING THE PERSONAL DATA PROTECTION

 

The User has the right:

 

in accordance with Article 26 of the Law, to request from the controller access to data, the right to correct and update data or delete personal data of users in accordance with Articles 29 and 30 of the Law, the right to limit processing in accordance with Article 31 of the Law, the right to data portability in accordance with Article 36 of the Law, as well as the right to object in accordance with Article 37 of the Law;

 

to revoke the consent at any time, provided that the revocation of consent does not affect the admissibility of processing on the basis of consent before revocation, if the processing is performed on the basis of the person’s consent to the processing of his/her personal data for one or more specific purposes or explicit consent persons to whom the data relate for processing for one or more purposes of processing, unless the law prescribes that the processing is not performed on the basis of consent;

 

submit a complaint to the Commissioner for Information of Public Importance and Personal Data Protection in accordance with Article 82 of the Law, if he/she considers that the processing of the User’s personal data has been performed contrary to the provisions of the Law;

 

the right to complain – Initiating a procedure for resolving the complaint. The User can send a request for a complaint through the Call center, by calling +381117704566 as well as by sending a complaint to the e-mail support@chargego.rs.

 

DATA AND INFORMATION PROTECTION

 

MT-KOMEX uses administrative, technical, organizational and physical protection measures in order to protect personal data. The measures include traffic control, infrastructure protection, cryptographic protection, firewalls, access rights systems and the like.

 

MT-KOMEX makes efforts to constantly maintain and improve security, and in that sense regularly monitors information protection systems and application operation. If, despite all the measures taken, data security is compromised, users will be notified immediately, and all measures will be taken to reduce the negative effect.

 

All data on the mobile device in the application concerning the user account and personal data are stored only in encrypted format.

 

Deleting a user account is done by selecting the Delete account option, when the option is activated, the User deletes all the data entered into the application and the previously active account ceases to exist. Transaction data remains in the system, and no personal data that may indicate a link to the user account is retained.

 

COPYRIGHT

 

Documents, data and information published on the application may not be reproduced, distributed or used in any way for commercial purposes or in any way that may cause damage to MT-KOMEX or any third party.

 

Documents, data and information published on the application may be used only for the individual needs of users with respect to all copyrights and proprietary rights as well as the rights of third parties. Any copyright, trademark or other copyright notices contained in the application may not be removed, obscured or shaded by the User.

 

ADDITIONAL PROVISIONS FOR USING MOBILE APPLICATION

 

The User undertakes to refrain from any action that could be classified as intentional abuse and fraud and undertakes not to use or attempt to use someone else’s user account and/or access other people’s personal data.

 

The User agrees not to use reverse engineering, reassembly, disassembly, decoding or any other means to discover the application source code or any related technology.

 

The User guarantees the accuracy of the personal data provided directly. The application is allowed to persons who have reached the age of 18 or more.

 

FINAL PROVISIONS

 

Update – MT-KOMEX reserves the right to update and modify the application by changing its content without special notice to the User, and therefore will not be responsible for the possible consequences arising from such changes. When changing or revising the Terms, in order to continue using the application, the User will be required to agree to the changed Terms and Conditions for using mobile application.

 

 

Jurisdiction – Relations between the User and MT-KOMEX are regulated by positive regulations of the Republic of Serbia. The court in Belgrade is competent for all mutual disputes that cannot be resolved by agreement.