PLUGIT FINLAND OY BACKEND SYSTEM SERVICE: TERMS AND CONDITIONS OF USE
1. GENERAL ABOUT THE SERVICE
Plugit Finland Oy (”Service Provider”) is a company offering electric vehicle (EV) charging solutions for companies and private individuals (“Customers”). Included in the services offered by the Service Provider is the backend system, managed by the Service Provider and to which EV charging devices can be connected, allowing customers to monitor the devices with the aid of the online service and mobile app, and with which the backend system is able to communicate (the “Service”).
These terms and conditions of use (”Terms”) of the Service are applied in the contractual relationship between the Service Provider and Customer, where the Customer purchases the Service from the Service Provider.
2. SERVICE PROVIDER
Plugit Finland Oy (Business ID: 2513960-7)
Phone: 0207 350 330
Right of use
means the right to use the Service, granted to the Customer in accordance with these Terms.
A Charging Device
is an individual charging appliance, which operates either independently (smart device) or in a group (device dependent on a smart device). The Charging Device may be equipped with more than one charging socket, which when connected to an EV supplies electricity to the said EV for the purpose of charging.
A Charging Point
is a cluster of Charging devices and encompasses all Charging Devices that are included in a certain location.
A Charging Group
is a group consisting of Charging Points and encompasses all Charging Points under a certain ownership.
A Charging Group Administrator
refers to the owner of a Charging Group, who is able to manage all settings related to the Charging Group.
A Charging Event
refers to an individual charge of an EV.
is a third-party service responsible for payment transactions, which takes care of the security of payment details
An Electric Vehicle (EV)
is a vehicle which runs on an electric motor chargeable with electricity.
An RFID identifier
is a concrete instrument for starting a Charging Event. The RFID identifier is shown to the Charging Device reader for charging right verification purposes. The identifier is connected to the charging right, through which the identifier obtains the right to charge from the locations for which it is authorised.
4. INITIATING THE SERVICE
Anyone over the age of 18 years may become a Customer, as may any legal person, through an authorised representative. It is necessary to complete a registration form on the Service Provider’s webpage. The Service Provider reserves the right to approve or refuse registration.
An organisation wishing to become a Customer may also contact the Service Provider’s customer service, either by phone or email.
• The Service Provider’s customer service, Plugit hotline, can be reached on +358 (0)207 350 330
• The email address of the Service Provider’s customer service is: email@example.com
Before a charging right can be granted to a Customer, the person wishing to become a Customer, or the representative of the legal person wishing to become a Customer should give the following information when contacting customer service:
• First name, last name
• Email address
• Telephone number
• Year of birth
• In the case of a representative of a legal person, the legal person’s identification details
On the basis of the provided information the customer service creates a customer account for the person on the Service Provider’s system. Customer service sends the new Customer an email with the link through which the Customer may register on the Service.
When registered on the Service, and on the creation of a customer account, the Customer accepts these Terms, and a service agreement is established between the Service Provider and the Customer. Once a customer account is created, the Customer has Right of Use of the Service, enabling the connection of charging rights to that particular customer, and the monitoring of customer-specific charging events. The Customer should give the required information correctly. It is forbidden to give false information, and doing so could lead to serious consequences.
The email address informed by the Customer is the Customer’s user name on the Service. The Customer should create a password for himself, which is unique to the Customer, and which may not be given or disclosed to a third party. If/when necessary the Customer will save his credit card details in his customer account. It is not possible to charge an EV at Charging Points that are subject to a fee if the credit card details are not saved.
The Customer receives by post, to the address he has informed, a tag with an RFID value linked to his customer account. By showing this tag the Customer is identified at the charging point and EV charging is enabled on the charging device. The Customer may start using the Service once he has created his customer account and received his RFID tag by post.
The Customer is responsible for all events resulting from use of the Service that are registered on his customer ID and RFID tag. If the Customer notices that his customer ID or RFID tag has been used wrongly, or if the Customer’s IDs have been disclosed to an external party, or if the Customer has reason to suspect such has happened or that his IDs have been wrongly used, the Customer should immediately inform the Service Provider, who is entitled to freeze or close down the Customer’s account.
5. USE OF THE SERVICE
The Service Provider grants the Customer a limited, revocable, non-exclusive Right of Use of the Service and its contents. The Customer may use the Service solely in accordance with these Terms and any conditions and instructions in the Service which may be given separately. When using the Service, the Customer is bound at all times to comply with all applicable legislation and good practice. The Customer is not entitled to transfer the Right of Use to a third party.
The Customer may charge his EV on Charging Devices that are connected to the Service. The Customer’s rights to the Charging Points and Charging Groups are determined when his customer account is set up. The Customer may add, modify and remove his own information in the Service. Rights to Charging Points and Charging Groups may be added or removed, as and when necessary. These changes may affect the pricing of the Service. The Customer may manage one or more ID containing charging rights at one time for the purpose of initiating the Charging Event.
Once logged in to the Service, the Customer can see in real time, the charging devices that are free and those that are occupied. Data on the status of the Charging Devices is shown in real time on the Service. Additionally, the Customer can follow his own Charging Events and their data, and obtain useful information related to EVs. The Charging Group systems administrators manage the Charging Groups as well as the operations and settings of the Charging Devices, and the Customer can see the changes that have intermittently been made by the administrators on the Service.
The Customer is entitled to connect his own Charging Device to the Service, whereupon the Customer has the right to take advantage of the Service also for commercial purposes in this respect. Issues regarding the connection of Charging Devices to the Service are agreed upon separately between the Customer and the Service Provider. Use of the Service is otherwise permitted solely for the Customer’s own, non-commercial use.
6. OBLIGATIONS OF THE PARTIES
The Customer is obliged to ensure that the Customer’s EV and its settings comply with all the requirements laid down in applicable legislation, in regulatory provisions and in these Terms, as well as with the necessary technical requirements for accessing the Service. The Customer can check the requirements from the Service and from each Charging Point. When charging his EV, the Customer shall follow the instructions for use at each Charging Point.
The Service Provider is not responsible for any fault relating to the Service that should occur due to the Customer or a person using the Service on his behalf not fulfilling the requirements or failing to follow the instructions. The Service Provider is not obliged to pay compensation for the Customer’s failing to carry out a Charging Event correctly.
The Customer releases the Service Provider and all its employees, managers and those acting on its behalf from liability for all such actions and claims which are caused by the Customer’s own use of the Service.
The Service Provider endeavours to ensure that the Service is available to the Customer on a continuous basis and without disruptions. However, the Service Provider shall not guarantee an uninterrupted, timely or error-free operation of the Service. The Service Provider is not responsible for the accuracy of data or content, reliability, errors, deficiencies, inaccuracies or other defects in the Service. Neither does the Service Provider take responsibility for the accuracy of location information or for the operation of the Charging Device. The Service and its contents are offered to the Customer on an “as is” and “as available” basis.
7. INTELLECTUAL PROPERTY RIG
The Service and its online service and contents, as well as the software, are the property of the Service Provider or its partners, and as such are protected by copyright laws and international copyright treaties.
All intellectual property rights of the Service and those relating to its content (such as copyright, registered and unregistered trademark- and design and model rights, domain names, patents, database rights and trade secrets) and their resulting goodwill value belong to the Service Provider or its partners. The Service Provider does not grant the Customer any direct or indirect rights to any intellectual property.
8. PROCESSING OF PERSONAL DATA AND COOKIES
The Service Provider processes the personal data relating to the Customer or his representative through the Service, including location information, in accordance with current personal data legislation permissions and obligations. The Customer is encouraged to become familiar with the Service Provider’s privacy statement, which contains more detailed information on the Service Provider’s processing of personal data. In addition, the Service Provider may process the Customer’s data anonymously for the purposes of analysis and development.
Through the Service and with the aid of cookies or other such technologies, it is possible to gather data relating to use of the Service or to the Customer’s terminal, such as the browser used by the Customer or his representative, via which site the Customer used to access the Service, or when and which parts of the Service the Customer has been browsing.
Among other things, cookies enable monitoring of the number of customers on the Service and other data relating to use of the Service. With the aid of the data collected it is possible to analyse activity on the Service, and thus improve the Service for the Customer. Additionally, it is possible to target to the Customer information that could be of interest to him both in the Service and externally, for example by means of retargeting.
If he wishes, the Customer may prevent cookie functions by altering his own browser settings. Removing cookies or preventing their use may however interfere with the use of the Service or certain of its parts or functions, or may even prevent it totally.
9. PRICING AND INVOICING OF CHARGING EVENTS
Depending on the Charging Point, Charging Events may be free of charge or subject to a fee. Charging at a Charging Point is invoiced according to the pricing model of each Charging Point. The pricing models of the Charging Points can be found in the instructions for use of the respective Charging Point, the Service’s online service, or mobile app. Charging Events are invoiced per Charging Event at the different Charging Points. Invoicing can be arranged as a one-off payment, by time period and/or by energy consumption, depending on the Charging Point. The Customer himself should check the invoicing method of the Charging Point in question from the Service or from the instructions at the actual Charging Point. The Service Provider’s invoicing system works solely at Charging Points that are connected to the Service Provider’s Service. If the Customer uses Charging Points that are not connected to the Service, the Customer should refer himself tothe body offering the charging services.
Invoicing of Charging Events takes place through the Service. The Customer is responsible for ensuring the operability and validity of his credit card. The Customer may be liable for extra costs if the Service charge from the credit card fails due to a fault on the part of the Customer.
Stripe Payments Europe Limited (https://stripe.com/fi), registered in Ireland, is the company that acts as the payment brokerage service and payment service provider, in accordance with its own terms. Charging Events charged automatically on the basis of the card details as given by the Customer. The Customer’s credit card details are recorded with the Service Provider and on the Stripe service.
10. CANCELLATION AND TERMINATION OF THE SERVICE
The Customer’s Right to Use the Service is valid until further notice.
The Customer is entitled to cancel the Service by notifying the Service Provider within fourteen (14) days of receipt of confirmation. However, the right to cancel is no longer valid insofar as the Service has been delivered and Charging Events have commenced before the end of the cancellation period.
Either party may terminate the Service by notifying the other party in writing with two (2) weeks’ notice. Should the Customer misuse the Service or otherwise commit an infringement of these terms, the Service Provider has the right to terminate the Service immediately and without prior notice.
11. AMENDMENTS TO THE TERMS
The Service Provider is entitled to make amendments to these terms, at its discretion, by notifying the Customer by email or through the Service online service two (2) weeks prior to the amendments coming into force. The amendments to terms of contract or pricing may not be unreasonable. The Customer is considered to have accepted the amendments made to the Terms when he uses the Service after the amendments have come into force.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
Finnish Law, with the exception of its conflict of law rules, will be applied to use of the Service and to these Terms.
The parties shall endeavour to resolve their differences primarily through negotiation. If no amicable settlement can be reached, the differences will be resolved at the District Court of Helsinki in Finland. A Customer that is consumer may also take the dispute to the district court determined according to his domicile, or to the Consumer Dispute Board to be resolved.
Description of personal data processing of Plugit Finland Oy (”Plugit”) customers and of its customers’ representatives, updated on 25.5.2018
1. Data controller
PlugIt Finland Oy
Business ID: 2513960-7
2. Person responsible and/or contact person in matters of customer register
Plugit Finland Oy
Phone +358 (0)207 350 330
3. Personal data processed
Plugit processes the following personal data of Plugit customers and stakeholders’ representatives:
Basic information of data subjects, such as:
• first name, last name
• year of birth
• contact details (postal address, telephone numbers, email addresses)
• information concerning the profession or role of the contact persons of a corporate customer
Information relating to a customer- or other relationship, as well as use of services and content, such as:
• registration data concerning services of the controller (e.g. online store and backend system user IDs and passwords)
• data concerning the data subject’s vehicle and other possible profiling data and information of interest given by the data subject
• data concerning purchasing, such as products and services purchased, including information on product guarantees, as well as information necessary for payment, invoicing and debt collection, such as credit card data;
• information necessary for delivery of products or services concerning the data subject’s property or housing, such as the electricity company they use,;
• information relating to use of products, such as charging frequencies and capacities as well as data relating to charging rights;
• location information (for example in the backend system, coordinates calculated by GPS, if the customer has given specific permission for this);
• information relating to customer communication, including recordings of telephone conversations with the customer
• feedback and complaints, including information relating to liability for defects and products
• browsing- and other data concerning the use of the controller’s electronic services and contents, including technical data sent to the controller’s server from the data subject’s browser (IP address, browser software, browser version and operating system) as well as the cookies sent to the data subject’s browser and related data, in cases where personal data is connected to the cookies.
• data relating to marketing and sales promotion, such as marketing activities targeted to the data subject, their utilisation and the data given in this connection, as well and direct marketing permissions and refusals.
4. Purposes of processing personal data
Personal data may be processed for the following purposes:
• the upkeep and management, analysis and development of a customer- or other relationship, such as
o installation-. survey- or other maintenance service, or execution of another service
o product delivery or implementation of another agreement
o provision of backend system service
• contact with the customer, including electronic customer communication
• delivery of Plugit’s own newsletter and the Green Lane service newsletter
• analysis and statistics;
• business planning, analysis and development of the controller’s business and that of the companies currently included in the same group;
• marketing of the controller and of the companies included in the same group at any given time, including direct marketing and targeting of material of interest to data subjects, for example with the aid of a profile created on the basis of the customer’s purchase history or other data;
• opinion polls and market research; and
• other such purposes, which are not in conflict with the purposes described above.
5. Legal bases for processing personal data
If you are one of our direct customers, we process your personal data for the performance of a contract to which you yourself are party, or for the implementation of pre-contractual measures taken at your request. A contract is generated when we give notification of the binding conditions of our service on our website and when you register on our service.
5.2 Legitimate interest
Plugit’s right to process your personal data is based partly on the legitimate interest generated by the customer relationship. We process your data on the basis of legitimate interest, when you represent your employer and register on our service or when you otherwise disclose your personal data to us. Legitimate interest is also a basis of handling data analysis and compiling statistics, as well as implementing marketing and communications on the personal data processed. Profiling and allocation of marketing are also connected to the processing of personal data. Profiling helps us to e.g. inform you of your nearest charging point.
We have made a balance of interests, on the basis of which we have established that the fundamental rights and freedoms of data subjects do not override Plugit’s right to process personal data on the customer relationship basis. You have the right to object, at any time, on grounds relating to your particular situation, to the processing of personal data which is based on Plugit’s legitimate interest. In this case we will assess whether there are significantly important and justified grounds for the continued processing of personal data which override your rights and interests. You can read more on your rights here.
We process your personal data on the basis of consent insofar as you have given consent for direct emarketing, and we will regularly send you Plugit’s newsletter or other direct emarketing material.
We also process your personal data collected with the aid of cookies, on the basis of consent concerning the placing of cookies. We process information on your location when you have given your consent to process location information.
You are entitled to withdraw your consent to personal data processing at any time. You can withdraw your consent to direct emarketing by informing our contact person or by clicking the unsubscribe link found at the bottom of each direct marketing message.
6. Recipients or categories of recipient of personal data
Personal data is disclosed within the limits of permissions and obligations of the relevant legislation currently in force. Data will be disclosed in accordance with regulations to the appropriate authorities, such as the tax authorities. Data will also be communicated to the service providers of charging points, so that the service providers can identify our customers as they use the charging point.
Plugit may disclose personal data to carefully selected cooperation partners for marketing purposes, unless you have refused permission to do so.
Personal data is not regularly disclosed for other than the abovementioned purposes. However, Plugit is entitled, to the extent permitted under law, to disclose personal data in situations relating to business sales, for example. In addition Plugit may also disclose data for example for statistics and analysis purposes, in such a way that the data disclosed cannot be associated with an individual person (e.g. data on charging frequencies and
Personal data processing is outsourced to the following service providers, which process the personal data on Plugit’s behalf:
• to IT systems suppliers
• To providers of accounting services
7. Transfer of personal data to third countries
Personal data may be transferred to Plugit’s cooperation partners and service providers outside the EU and ETA areas. Personal data will not, however, be transferred to such recipients which do not offer the same or equivalent level of personal data protection as Plugit offers.
Transfer of personal data is always carried out in compliance with the appropriate data protection legislation. Transfer mechanisms compatible with the law are applied in the transfer of personal data: such mechanisms as contracts where the standard contractual clauses of the European Commission are used to guarantee the level of data protection when personal data is processed outside the EU.
8. Retention periods of personal data
Personal data is retained for as long as is necessary from the point of view of the purposes of personal data processing, or of Plugit’s compliance with legal obligations.
• Plugit retains its consumer-customer’s personal data for the duration of the customer relationship, and for two more years, unless Plugit has other grounds for processing, such as processing in compliance with accounting requirements or for sending direct marketing
• Plugit retains the personal data processed for direct marketing purposes until the data subject disallows the sending of direct marketing. In this case Plugit will retain the data from the date of the marketing ban, unless the data subject objects to such processing.
• Plugit retains data relating to bookkeeping for 6 years from the end of the calendar year of the relevant accounting period.
• Plugit retains other data, such as contact information on Plugit’s customer register, for as long as a representative represents Plugit’s corporate customer.
9. Data subject’s rights
You may exercise your data subject rights in accordance with the Data Protection Act by making a request here. Please contact our contact person for more information and advice on your rights.
Please note that if necessary we may ask you for more information to confirm your identity.
9.1 Right to access data
You are entitled to get confirmation from Plugit on whether we are processing your personal data. You also have the right to access the personal data concerning yourself, and information on personal data processing in accordance with the Data Protection Act.
We will not allow you to access such information on Plugit’s business secrets or information that is to be kept confidential, nor information which may violate another person’s privacy.
When you exercise your right to access information, we supply you with a carbon copy of the personal data that we have processed concerning you. If you request several copies, we may charge a reasonable sum to cover administration costs. If you make your request electronically, we will send you the information in a commonly used electronic format, unless you request the information to be given verbally or on paper.
9.2 Right to rectifaction of data
You have the right to request that we rectify or add to inaccurate and incorrect data concerning yourself without unnecessary delay. We may ask you to send further clarification, if we need more information e.g. to ascertain your identity or to confirm the accuracy of the new data.
You may also rectify your own data by logging in to our service.
9.3 Right to have data erased
You are entitled to have Plugit erase, without unnecessary delay, the personal data that concerns yourself, if:
• the personal data is no longer needed for those purposes for which it was collected, or for which it was otherwise processed (e.g. if you are no longer a customer and your most recent purchases or other transactions were made several years previously);
• you object to your personal data being processed for special personal reasons relating to you, and if there is no justified reason for processing, or you object to your personal data being processed for direct marketing purposes;
• Plugit has processed your personal data illegally; or
• your personal data is to be erased to comply with legal obligations applying to Plugit.
We assess your rights and our possibilities to erase data case by case. We endeavour to respect your wishes and rights to erase data within the limits of the law.
9.4 Right to restriction of processing
You have the right to demand that we restrict the processing of your personal data so that, in addition to being retained, the personal data will only be processed upon your consent or for the exercise, drawing up or defence of a legal claim, or to protect another person’s rights if:
• you contest the accuracy of your personal data, whereby we will limit processing until the accuracy is being checked;
• we process your personal data illegally, and you object to the removal of the personal data and demand instead that the personal data should be limited;
• Plugit no longer requires the personal data for processing purposes and we would otherwise remove your data, but you require it for the exercise, drawing up or defence of a legal claim; or
• you have objected to your personal data being processed for special personal reasons and you are awaiting ascertainment of whether Plugit’s legitimate interests override the bases of your objection.
9.5 Right to transfer your personal data from one system to another
If you have submitted your personal data to us yourself, for example when registering on our internet service, you have the right to receive that personal data in a structured and commonly used machine-readable format, and you also have the right to transfer that data to another controller, as long as:
• we process the data automatically; and
• its processing was based on your consent (such as when ordering the newsletter) or the processing of your personal data is required for a contract, e.g. the contract concerning implementation of our backend system service.
The right to transfer data from one system to another is limited to a method which does not interfere with another individual’s rights or freedoms. We do not deliver or transfer another individual’s personal data to you or to another controller, nor do we transfer material that may qualify as Plugit business secrets in readable form.
You are not entitled to transfer data from one system to another if the personal data in question is processed on the basis of Plugit’s legitimate interest.
9.6 Right to object to the processing of personal data
You have the right to object to the processing of your personal data on special grounds of your personal situation in so far as the processing is based on legitimate interest, and there is insufficient due cause or justification in our processing which would override your rights and freedoms.
You also have the right to object to your personal data being processed for direct marketing purposes. You can also object to the profiling we perform for direct marketing. We will no longer send you direct marketing or process your personal data for direct marketing purposes after you have exercised your right to object.
10. Right to lodge a complaint to the supervisory authority
The data subject is entitled to lodge a complaint to the Data Protection Ombudsman, if the data subject considers that Plugit has infringed the applicable data protection legislation in its processing and if the data subject’s rights under the Data Protection Act have been infringed.
11. Where does personal data come from (if not from the data subject him/herself)?
First and foremost, Plugit collects personal data from the data subject him/herself. In addition, personal data is collected from cooperation partners and from car showrooms.
Personal data may also be collected from the company the data subject represents, and from the systems Plugit uses to collect data on the data subject.
12. Security of processing of personal data
Personal data in electronic form is protected by technical methods generally accepted within the data security sector, such as firewalls and passwords. The identified data controller, and employees of cooperating companies who have been designated by the controller and who have been granted personal user rights by the controller, are the only ones to have access to the data contained in the electronic register. Material in manual form containing personal data is kept under lock and key.