General Terms and Conditions

1. Introduction

1.1. The present General Terms and Conditions (hereinafter: GTC) stipulate the terms and condition regarding the use of Voltee charging services (hereinafter: „Voltee”), including its actual charging hardware, its application (hereinafter: „Application”) and its webpage: www.voltee.io (hereinafter: „Website”). Voltee is solely owned by innogy Solutions Ltd., headquarters: 1132. Budapest, Váci út 72-74. (hereinafter: „Company”). The present GTC is effective from January 31, 2018.

1.2. By registering for the Voltee services the user (hereinafter: “User”) expressly accepts the present GTC in full. By using Voltee, User is expected to review the GTC to ensure the understanding of the overall regulation of the use of Voltee.

1.3. Any deviation from this GTC shall only be effective if the parties have expressly agreed so in writing in a specific contract between them. The present GTC might be unilaterally modified by the Company any time.

2. Use of Services

2.1 A prerequisite for using Voltee services is a registration in the Application. All data provided during registration must be true and valid.

2.2. During the use of Voltee services the steps outlined in the Application must be followed. Any behavior that may damage or cause potential harm to Voltee is strictly prohibited.

2.3. Voltee is currently running in trial mode. Company is not liable for Voltee's usability, level of service, and - considering that the use of Voltee during the trial period is free of charge - excludes all responsibility for any damages that may be caused.

2.4. In an event of Voltee’s malfunction, User may report the encountered issue on the following address: info@voltee.io.

3. Data Protection Policy

Data protection policy of innogy Solutions Kft. on providing charging services for electric vehicles (cars, bicycles, rollers, etc.) and other electric devices on its charging stations in public and private areas

(applicable when collecting personal data from those concerned)

(„Policy”) based on Regulation (EU) 2016/679 („GDPR”) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC .

3.1. Introduction, Preamble

Present Policy was prepared and issued by innogy Solutions Kft. („Data Controller”) in order to properly inform persons concerned (“Data Subject”) of the handling of their data and of their corresponding rights.

innogy Solutions processes collected personal data in accordance with prevailing legal provisions, in particular with the provisions of GDPR, Act CXII of 2011on information self-determination and freedom of information (“Information Act”).

Present Policy details Data controller’s data handling with regards to customers using the charging stations installed for powering electric vehicles (and other electric devices) in public and private areas.

3.2. Name and Contact Details of Data Controller and Representative

Pursuant to Article 4 § (7) the following Company is considered to be data controller in respect to data handling specified above:

innogy Solutions Kft.

  • headquarters: 1132 Budapest, Váci út 72-74.;
  • company registration number: 01 10 041827;
  • tax number: 10768033-2-44;
  • postal address: 1132 Budapest, Váci út 72-74.;
  • e-mail address: adatkezeles@elmu-emasz.hu 
  • website address: http://innogy.solutions/
  • name of representative: Szörényi Ádám
  • contact of representative: +36 20 276 9514

3.3. Name and Contact Details of Data Protection Officer

Dénes Sándor

  • postal address: 1132 Budapest, Váci út 72-74.
  • phone number: +36 1 238 1229
  • e-mail address: sandor.denes@elmu.hu

3.4. Purpose of Data Control, Categories of Relevant Personal Data and the Legal Basis of Data Control in case of Natural Persons

Data controller processes personal data specified in the Policy (“Personal Data”) with the following purposes:

  • for providing charging services at stations in public and private areas for the powering of hybrid or fully electric vehicles and other devices, and
  • for the installation, potentially operation of the necessary technical equipment, and for contracting, modifying the terms, monitoring the usage, billing the fees set in the contract and enforcing other claims with regards to the contract of service provision.

#

Data category

Legal basis

1.

Natural personal identifiers

contractual legal basis

2.

Artificial identifiers

contractual legal basis

3.

Contact information

contractual legal basis

4.

Customer payment data

contractual legal basis

5.

Access control

contractual legal basis

6.

Electronic identifiers

contractual legal basis

3.5. Purpose of Data Control, Categories of Relevant Personal Data and the Legal Basis of Data Control in case of Corporate Entities

Data Controller processes personal data specified in the Policy (“Personal Data”) with the following purposes:

  • for providing charging services at stations in public and private areas for the powering of hybrid or fully electric vehicles and other devices, and
  • for the installation, potentially operation of the necessary technical equipment, and for contracting, modifying the terms, monitoring the usage, billing the fees set in the contract and enforcing other claims with regards to the contract of service provision,
  • for recording and storing data in electronic database (contract management system), for using, transferring and deleting it.

#

Data category

Legal basis

1.

Natural personal identifiers

contractual legal basis

2.

Contact information

contractual legal basis

3.6. Recipients of Data, Categories of Data Recipients

Personal Data specified in rows 1-6. of the table at section 4. of the Policy and in rows 1-2. at section 5. may be transferred to natural persons and corporate entities performing – among others – the contracting, billing, payment and claim management and customer services activities, as authorized by the Data Controller.

3.6.1. For billing and customer services activities:

  • innogy Solutions Kft.: 1132 Budapest, Váci út 72-74., company registration number: 01 10 041827, tax number: 10768033-2-44
  • Operator of Billingo online billing services: Octonull Kft., 1085 Budapest, József körút 74., I. em. 6., company registration number: 01 09 198177, tax number: 25073364242
  • Operator of Braintree online payment services: PayPal (Europe), 22-24 Boulevard Royal L-2449, Luxembourg

3.6.2. For auditing:

  • PricewaterhouseCoopers Könyvvizsgáló Kft. (1055 Budapest, Bajcsy-Zsilinszky út 78.)

We inform Data Subjects that the circle of data processors may change over time.

Besides those above, innogy Solutions Kft. may transfer data to the following third parties:  

  • authorities (e.g.: local government, police, consumer protection authority, tax authorities, Hungarian Energy & Utilities Regulatory Agency, building authorities, etc.)
  • courts
  • prosecutors
  • corporate entities responsible for contacting

3.7. Data Security Measures

Data, documents stored electronically can only be accessed by persons authorized so according to their job description (access authorization system).

Access rights are issued in a controlled and logged way. Existing access rights are reviewed at regular intervals.

The Data Controller elaborated the detailed, internal data security measures in the ISMS (Information Security Management System), in accordance with the relevant standard (ISO 27001).

3.8. Data Transfer Outside of The European Union / European Economic Area or to International Organization

There is no data transfer outside of the European Union / European Economic Area or to International Organization.

3.9. Duration of Data Control

Duration of data control is until the purpose of data control specified in sections 4. and 5. exist, but at most:

In case of data control on contractual legal basis:

  • until the termination of legal relation established in contractual form („Legal Relation”);

For technical reasons, after the period specified above, the Data Controller deletes Personal Data within 25 days.

3.10. Rights of Data Subject

With regards to the handling of Personal Data as defined in the Policy, we provide Data Subjects with the following rights:

  • Right of access;
  • Right to information;
  • Right to rectification;
  • Right to erasure;
  • Right to restrict data processing;
  • Right for data portability;
  • Right to object.

Below are the rights of Data Subjects in detail:

3.10.1. Right of access and information

Upon request of the Data Subject, Data Controller provides information on whether his or her data is being processed. If so, besides access provision, Data Controller informs Data Subject of the categories of data, the purpose of data control, the recipients of data, the categories of data recipients, the duration of data control, or the criteria of determining the duration, exercising the rights of Data Subject, the right to file a complaint to the National Authority for Data Protection and Freedom of Information, the source of data and the automated decision-making, including profiling. In case of data transfer outside of the European Union or the European Economic Area, Data Subject is also informed of the provided warranties with regards to the transfer.

3.10.2. Right to rectification

Data subject has the right to ask for modification of his or her data in case of inaccuracy.

If the correction of Personal Data processed by Data Controller is required, Data Subject may request the correction of data by indicating the correct data in writing (by post or e-mail).

Data Subject is obliged to report any changes to his or her Personal Data processed by Data Controller to the Data Controller immediately, but maximum within five days after the change occurs. Due to the lack of or delayed performance of such notice, Data Subject is liable for the related damages caused to Data Controller.

3.10.3. Right to erasure

Data Subject has the right to ask Data Controller for the immediate erasure of his or her data, and Data Controller is obliged to erase the requested data immediately, in the cases specified in GDPR (Article 17) [1] .

In case the Data Controller enclosed Personal Data, that is, transferred them to third parties, upon Data Subject’s exercising of right to erasure Data Controller shall take the reasonable steps to inform those additional data processors to whom Data Controller transferred the data, that Data Subject requested the erasure of links to Personal Data or copies and duplicate copies of Personal Data.

3.10.4. Right to restrict data processing

Data Subject has the right to limit Data Controller’s data handling upon his or her request, if

  • Data Subject finds the Personal Data incorrect;
  • data handling is illegal;
  • Data Controller no longer needs the Personal Data for data handling, but Data Subject requests them to submit, enforce, or protect legal claims;
  • Data Subject objected to the handling of his or her data.

3.10.5. Right for data portability

Data Subject has the right to request his or her data that was made available for Data Controller by Data Subject back in an articulated, widely-used, machine-readable format, and also has the right to transfer it to another controller without the Data Controller limiting that, if:

  • data control is based on consent; and
  • data handling is automated.

3.10.6. Right to Object

Data Subject has the right to object to Personal Data being processed for direct business acquisition. In this case, Personal Data can no longer be processed for this purpose.

Data Subject has the right to exercise his or her rights specified above by contacting the Data Controller at the address below

  • innogy Solutions Kft. (1132 Budapest, Váci út 72-74.),

furthermore via the following email addresses

Data Controller shall, without undue delay, but within a period of one month from the request submission, provide information in writing, in an understandable form, on the action taken with regards to the request.

3.11. The Right to Turn to the Data Protection Authority, to Court

Data Subjects may seek legal remedy, file a complaint with regards to their data handling at the National Authority for Data Protection and Freedom of Information, the contact details of which are as follows:

  • postal address: 1530 Budapest, Pf.: 5.
  • address: 1125 Budapest Szilágyi Erzsébet fasor 22/c
  • phone number: +36 (1) 391-1400
  • fax: +36 (1) 391-1410
  • e-mail address: ugyfelszolgalat@naih.hu 
  • website: http://naih.hu

 

We also inform Data Subjects that in addition to the above detailed scenarios, and without damaging those, Data Subject has the right to seek court action in case of breach of GDPR when handling data, furthermore, if Data Subject suffered material or non-material damages because of Company’s violations of GDPR, Data Subject has the right to claim damages against the Company.

4. Governing Law and Jurisdiction

4.1. The legal relations established with the Company are subject to Hungarian Law.

4.2. The Buda Central District Court and the Budapest Environs Regional Court have exclusive jurisdiction to hear a possible dispute against the Company.

5. Intellectual Property Rights

5.1. Innogy Solutions owns all rights to the intellectual property with regards to Voltee, as well as all the materials, including content and visuals, found on the Voltee website and application.

5. 2. Innogy Solutions reserves all of the above rights.

Budapest, 25 May 2018

innogy Solutions Kft.


[1]  Cases according to Article 17 paragraph (1):

a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

b) he data subject withdraws consent on which the processing is based according to point (a) of Article 6 (1), or point (a) of Article 9 (2), and where there is no other legal ground for the processing;

c) the data subject objects to the processing pursuant to Article 21 (1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2);

d) the personal data have been unlawfully processed;

e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;

f) t he personal data have been collected in relation to the offer of information society services referred to in Article 8 (1).