1. THE SERVICE AND ITS PROPRIETOR
This document (together with all the documents mentioned therein) establishes the conditions governing the use of this website (www.evplugchargers.com) and the purchase of products therein (hereinafter the “General Terms and Conditions”), whatever the application, support or device through which it can be accessed.
The agreement may be formalized, at your choice, in any of the languages available on this website.
The commercialization of articles via this website is done under the name EVPLUG by:
- EVPLUG CHARGERS, S.L. (hereinafter “EVPLUG”), a company with Tax Id. Number B01837772, registered office at Av. Virgin del Val, nº 5 11ºA, 28804 Alcala de Henares, Madrid, Spain, and email address firstname.lastname@example.org, duly registered in the Companies Register of Madrid, Volume 40773, Folio 66, General Section, Sheet n. m723338, Inscription 1.
EVPLUG is the proprietor of a service aimed at operating smart devices for charging electric vehicles, and any other charging device (hereinafter the ‘Devices’) and accessories to these Devices that it may sell (hereinafter, jointly and severally, the ‘Products’), the smart electric vehicle charging service through Devices converted into charging stations, and their energy management and monitoring (hereinafter the ‘Charging Service’), the website corresponding to the domain names www.evplugchargers.com, including its versions in different languages, which is used as an e-commerce platform for the purchase of Products (hereinafter the ‘Website’), the ‘EVPLUG’ mobile application (hereinafter the ‘Application’ and all elements that facilitate the provision of the service, including the front end customer service, call center and troubleshooting service, diagnostics service, assistance and spare parts, and the installation service, data storage servers, database, communication protocols and other technical facilities (hereinafter referred to jointly as the ‘Services’).
These General Terms and Conditions are binding on any person (hereinafter the ‘User’) who uses the services in any of the ways specified, including browsing on the Website. The mere use of the Service implies the User’s acceptance of the General Terms and Conditions. Furthermore, in the event that the Client has purchased a Subscription Plan in accordance with the terms below, the General Terms and Conditions shall also apply to each purchased Subscription Plan.
Any natural or legal person who uses the Service by browsing on the Website, purchasing Products from the Website by means of a direct sale or authorized reseller, using the Devices to charge vehicles after purchasing an adequate Subscription Plan, or using the Application to locate charging stations and manage electrical consumption and financial expenditure related to charging.
A User that enters into an agreement to purchase the corresponding Subscription Plan for the Charging Service for vehicles or the use of the Application, whether for his/her own use or for the use of multiple Charging Service Users, in a limited extent authorized by the Client himself/herself, or in a public manner in exchange of the payment of a certain fee.
2.3. Charging Service User
A User who, after having created a Account, uses the Charging Service by means of the Devices, whether owned by him/her or owned by a Client who, in some way, has authorized said use or who authorizes the public use of the Device, in exchange for the payment of a certain fee, for the electrically charging of the vehicle and for carrying out its smart management via the Application.
The charging devices manufactured and marketed by EVPLUG via its Website, direct sales or authorized resellers, which includes chargers and smart charging stations for electric vehicles, and any other devices and charging stations that may be developed and marketed in the future, which are purchased by Clients and used in accordance with the corresponding purchased Subscription Plan.
The additional products and services to Devices that EVPLUG makes available to its Clients via the Website, direct sales or authorized resellers, including installation services, charging conduits and cables, and connectivity solutions, and any other accessories that may be developed and marketed.
All Devices and Accessories made available by EVPLUG to its Clients via the Website, direct sales or authorised resellers.
The most recent version of the website corresponding to the domain name www.evplugchargers.com, including all its versions in the languages used by EVPLUG.
The most recent version of the application for EVPLUG mobile devices, available in app stores, for their use by Clients and Charging Service Users, and that offers solutions regarding the management of Devices, recharging and autonomy of the electric vehicle and management and control of electric consumption and charging schedules, among others. After having created an Account, the Application allows the Client to manage the Devices, enabling him/her to add or delete Devices, organise them, monitor the charges in real time and customize the charging settings.
The Client’s personalized Internet site made available by EVPLUG for the smart management of the charging service. After having created an Account, the Portal allows the Client to manage his/her Devices, enabling to add or delete Devices, organize them, monitor the charges in real time and customize the charging settings. The Portal also displays general statistics regarding the use of the Charging Service, both individually and, depending on the purchased Subscription Plan, for groups of Charging Service Users. Furthermore, in accordance with the purchased Subscription Plan, the Portal enables the management and organization of multiple Charging Service Users, inviting new Charging Service Users and assigning them to subgroups. Where applicable, the Portal also enables the management of payments made for Devices by the Client and the management of transactions made for charges via the Devices.
The user account, which Clients and Charging Service Users must create in order to use the Portal and Charging Service, including the use of Devices and the Application, whose creation may be carried out via the Portal or the Application
The means of connection to Devices made available to Clients for the electrical charge of vehicles.
EVPLUG also allows you to to both connect to Devices offline, using Bluetooth, and online, using
Ethernet, Wi-Fi and 3G/4G networks. Users can connect via the Application, in the Client section.
2.12. Subscription Plan
The modality of use of the Charging Service purchased by the Client for the usage and management of the Devices and the Application. EVPLUG has different Subscription Plans for its Clients, which provide access to different functionalities and characteristics depending on the particular purchased modality.
When purchasing the Charging Service, all Clients benefit of the Basic Subscription Plan and the corresponding features thereof, without prejudice to the possibility of purchasing other specific Subscription Plans with additional features.
The Basic Subscription Plan offers the Clients the following features:
- Group management of multiple Charging Users, limited to up to two Devices and five Charging Users.
- Power boost: dynamic adjustment of electric current according to the consumption made by the Charging Users.
- Power sharing: possibility of connecting multiple Devices to the network and distribution of the available electric current.
- Mobile connectivity: 3G/4G connectivity via a configurable SIM card.
- Information and management in real time: access from any Device for the obtaining of information on consumption, charging time, energy cost of the Device and active charging sessions.
- Download, at any time, of information on energy consumption, costs, active charging sessions and historical data.
- Remote configuration: possibility of setting the charging electric current according to the needs of the Client and possibility of blocking and unblocking Devices in order to avoid any misuse.
EVPLUG reserves the right to modify at any time the conditions, functionalities and characteristics of the Basic Subscription Plan, as well as any of the available specific Subscription Plans, without prejudice to its obligation of informing the Client for his/her knowledge and prior acceptance, so that said modifications may be applicable to him/her.
2.13. Subscription Fee
The fee to be paid by the Client for using the Charging Service related to the purchased Subscription Plan, which allows the Client to use the Charging Service in accordance with specific payment terms and remuneration. Payments shall be made by the Client to EVPLUG in accordance with the purchased Subscription Plan. When a Subscription Plan is purchased, the Client may choose to make payments monthly, yearly or with any other frequency or by means of any payment method that EVPLUG may offer. The Subscription Fee invoice shall be issued automatically for each new Device added to the customer Account, and the total amount shall be calculated based on the number of Devices purchased.
2.14. Public Charging
The charge made by any Charging Service User, prior identification by the system in place, via the Devices purchased by the Client pursuant to a Subscription Plan that contains this functionality. By means of this system, the Client can monetize his/her public access Devices, by receiving from the amount paid by the Charging Service User, determined according to the Charging Fee set up by the Client, the part resulting from the application of the distribution criterion set with EVPLUG.
2.15. Charging Fee
The fee applied to determine the amount to be paid by the Charging Service User in the cases of Public Charging, and that can be established according to different parameters (among others, a variable price per hour of charge and/or per energy consumed, or a flat price per charging session).
3. USER REGISTRATION
3.1. Access to certain elements of the Service shall require the prior creation by the User and Client of an account, where these General Terms and Conditions shall be expressly accepted. By creating an Account, the Client shall benefit from functions regarding the smart management of charging electric vehicles using a purchased Device or the management of multiple Devices and Charging Service Users, in accordance with the purchased Subscription Plan offered by EVPLUG.
3.2. During the registration process, the Client shall fill in the relevant forms on the Portal or the Application. The information provided by the Client must be accurate, truthful, current and complete, and the Client is responsible for updating this information. The Client guarantees that all information provided to EVPLUG is true, complete and accurate, and that said information is current and correct at all times. The Client must notify any changes regarding the provided information and EVPLUG shall deem it correct until it has been changed.
3.3. The Client is responsible for protecting his/her password, and shall be liable for any damage or prejudice that may result from the misuse, transfer, disclosure or loss of said password. Access to restricted areas or limited access and/or use of services via a User profile shall be carried out by the User who owns that profile, who shall be responsible in any event for such access and use.
3.4. The Client may authorize, from his/her account, the Charging Service Users that he/she decides may use the Charging Service, and shall create the sub-accounts for these Charging Service Users for this purpose. For all intents and purposes, these persons shall be considered Charging Service Users, and shall use the Charging Service in full compliance with these General Terms and Conditions. By adding these Charging Service Users, the Client undertakes to submit all authorized persons to these General Terms and Conditions, and he/she shall be liable for their compliance with said Terms and Conditions.
3.5. Depending on the purchased Subscription Plan, the Client shall provide the Devices to certain Charging Service Users so that they can charge their vehicles via their own accounts.
3.6. In exchange, the Client shall receive a commission calculated considering the charge configured and carried out by Charging Service Users, who shall pay the Client for using the Charging Service, in accordance with the economic terms, conditions and fees established by the Client in his/her account. Pursuant to the purchased Subscription Plan, the Client may manage the use of the Charging Service via his/her Device network from his/her account.
3.7. Users, Clients and Charging Service Users shall be liable for their own use of the Service. Furthermore, Users, Clients and Charging Service Users undertake to use the Service and/or any of its components and/or elements correctly and appropriately. By way of example, the User, Client and Charging Service End User must not use the Service to introduce computer-based viruses, use another User’s Account or, ultimately, conduct any activities that are illicit, illegal or against public policy and good faith, otherwise they may be banned from accessing the Service.
3.8. Similarly, Users, Clients and Charging Service Users undertake to comply with the provisions of these General Terms and Conditions and other notices, usage regulations and instructions offered to or accessible by them.
3.9. Underage Persons
3.9.1. If the User is 16 years old or more, he/she can enter into an agreement only if he/she has the required legal capacity to subscribe and accept these General Terms and Conditions. Underage persons without the required legal capacity cannot purchase the Service, and can only use it with the authorization and under the full responsibility of a User –who has entered into an agreement– who holds the parental authority or legal guardianship of the Underage person.
3.9.2. EVPLUG shall not be liable under any circumstances whatsoever of any damages arising from the use of the Service by underage persons.
4. USE OF THE CHARGING SERVICE
4.1. Features of the Service
4.1.1. Through the Service, the Users can use any of the Devices of the Service. The Devices are designed to collect data and information aimed to optimize the management of the electric charging by the Users of the Service, but only Users registered pursuant to these General Terms and Conditions may benefit from the smart charging management system.
4.1.2. In order to improve the Service, EVPLUG may unilaterally change at any time and without notice any component and/or element of the Service, or its operation, technical and use conditions. Likewise, in order to improve the Service the Users may suggest EVPLUG any changes that they deem useful, as well as to obtain any additional information or solve their doubts, complaints or suggestions, by contacting EVPLUG at the email address indicated in the header of these General Terms and Conditions, albeit this does not imply any obligation for
4.2. Accessing the Charging Service via the Application and Portal
4.2.1. EVPLUG shall provide Clients with the Application for accessing and using the Charging Service on smartphones, tablets, smart watches and any other mobile device (hereinafter ‘Mobile Devices’). The Application shall be available for download in the version for Android and iOS systems via the corresponding app store that provides information about the Charging Service by including a description, functionalities and characteristics of the Application and other technical requirements necessary for its installation and use.
4.2.2. Once downloaded via the Application or Portal and, where applicable, with the corresponding purchased Device, the User may register and create his/her account, under any of the Subscription Plans offered by EVPLUG and following the provided instructions, which shall enable access to the Charging Services requiring prior registration.
4.3. Purchasing the Charging Service
4.3.1. The Charging Service shall be provided in accordance with the Agreement(s) concluded between the Client and EVPLUG, and pursuant to these General Terms and Conditions and economic terms and conditions of the purchased Subscription Plan. The Agreement shall be concluded with the acceptance and payment of the corresponding Subscription Plan. Under the Agreement, the Client is provided with a licence for using the Charging Service in accordance with the corresponding purchased Subscription Plan, which shall be governed by these General Terms and Conditions.
4.3.2. EVPLUG may carry out solvency and credit checks on the Client within the limits specified by law, and may not enter into the Agreement or, where appropriate, may establish specific terms and conditions for this particular Client.
4.4. Cancellation of the Subscription Plan
4.4.1. EVPLUG may cancel a Subscription Plan with immediate effect if: a) the Client does not pay the price corresponding to the purchased Subscription Plan after several attempts, or does not comply with a payment obligation; b) the Client declares bankruptcy, insolvency, dissolution or liquidation; c) any of the charging stations are damaged.
4.5. Public Charging
4.5.1. By means of the purchased Subscription Plan that includes this option, EVPLUG offers its Clients the provision and management of a Charging Service via a network of public charging Devices, which are free to access and do not require authorisation of the Client, for any Charging Service Users that have an active account. Under the purchased Subscription Plan, the Client may receive payment or monetise the charges completed by Charging Service Users through the network of Devices that has purchased and supplied.
4.5.2. The Client may purchase the following Devices for the Public Charging system: COMMANDER 2, COPPER S, COPPER SB and COPPER C, and any other Devices that may be developed and provide this public access system.
4.5.3. Client may set up the payment and the public use of his/her Devices, including the energy cost and the Charging Fee. The Charging Service User shall pay for each charge, whether by means of the pre-paid modality or –in the event the Client has subscribed to the list of Charging Service Users that have this option enabled– in a cumulative way with a certain frequency established by EVPLUG. The payment method applied in each case shall be communicated to the Charging Service User before carrying out the charge. Payment shall be made via the Application itself or any other means of payment that EVPLUG may determine.
4.5.4. The Client shall receive, for each effective charge, the total sum paid by the Charging Service User, less the amount of a commission consisting of a percentage of the total price paid by the Charging Service User plus a fixed amount set up by EVPLUG.
4.5.5. EVPLUG does not offer any guarantee regarding the provision of a Public Charging network supplied by the Client, nor its sound functioning or availability. The use of Devices shall be submitted to these General Terms and Conditions and the terms and conditions established by the Client.
4.5.6. The Client may request and obtain better (‘upgrade’) or reduced (‘downgrade’) services under the purchased Subscription Plan, so that they enable him/her to use the specific functionalities of each Subscription Plan, such as making a Device available for Public Charging, provided that none of the restrictions imposed by EVPLUG in terms of the number of Users and Devices added to the Client Account are breached.
4.6. Prices, invoicing and payments
4.6.1. The Client shall pay the amounts corresponding to each Subscription Plan purchased from EVPLUG, in accordance with the established fees. EVPLUG shall invoice each Client in accordance with the agreed fees.
4.6.2. Any complaints about the invoices issued for the purchased Subscription Plan must be sent to EVPLUG at the following email address: service@EVPLUG.com.
4.7. Illegal use of the Charging Service
4.7.1. Clients undertake to not use the Charging Service for illegal purposes that are contrary to the provisions of the General Terms and Conditions, detrimental to the rights and interests of EVPLUG or third parties, or that may, in any way, damage or deteriorate the image or reputation of EVPLUG, or prevent the normal use or benefit of the Charging Service.
4.7.2. The Client may only use the Charging Service for personal purposes and in accordance with the scope specified in these General Terms and Conditions. The Client shall not carry out any activity that may cause harm to the Service and/or its operation and development. In addition to the above, in particular, but without limitation to, the Client shall not use the Charging Service:
- to harass or disturb other persons and/or violate their privacy;
- to impersonate other users or third parties;
- to spy on other users or third parties:
- to disclose to third parties the location of other users;
- to diminish the reputation, image and honour of other users or third parties; and
- for advertising purposes, in order to promote its own or third-party products, services, or activities, without obtaining prior express authorisation from EVPLUG.
4.7.3. The Client is not permitted to fully or partially transfer its rights and obligations pursuant to these General Terms and Conditions without the prior and express written authorisation of EVPLUG.
4.7.4. EVPLUG reserves the right to block access to or delete the Client’s Account, and take any necessary legal action if the Client breaches the provisions of these General Terms and Conditions.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
5.1. The Service, the Charging Service, the Website, the Portal, the Application and the Devices, as well as all the components and/or elements part of them, including but not limited to, devices, technologies, source code, designs, texts, trademarks, logos and images, are protected by intellectual and industrial property rights. EVPLUG is the owner of the relevant intellectual and industrial property rights and/or has obtained for their use the relevant authorizations or permits from the third parties that are the owners thereof. Thus, neither the Service nor any of its components and/or elements may be used, publicly disclosed, reproduced, distributed, transformed, make available to, or used in any other way whatsoever that implies a violation of the Spanish, EU or international intellectual and/or industrial property laws, without the prior express authorization of EVPLUG.
5.2. EVPLUG shall also be the owner of the industrial and intellectual property rights in any amendments or improvements to the Service, or to its components and/or elements, as a result of the use experience of the Service, including those that arise from suggestions and/or comments made by the Users.
5.3. The User must refrain from eluding any measure or device implemented to guarantee the intellectual and industrial property rights of the Service and/or any of its components and/or elements.
6.1. General information
6.1.2. EVPLUG shall be the data controller of the personal information provided by data subjects, in particular Users, Clients and Charging Users. In the cases that Charging Users carry out charging on Devices made available by Clients through public charging networks, such Clients will also be data controllers for the processing of personal information of Charging Users. In this latter case, EVPLUG states that such data are processed for the respective provision of the Service by such Clients to Charging Users, and EVPLUG does not transfer the data provided by such Charging Users to Clients.
6.1.3. Prior to accessing certain information and content of our Service, you must previously register as a Client and register a customer account through the corresponding forms on the Website, the Portal or the Application, and you must accept, in accordance with the Data Protection Regulation, the processing of your personal data. In any case, as long as the provision of the Service requires your registration and the provision of certain personal data, the request for cancellation of such data will entail the corresponding cancellation of registration and deletion of your account, and therefore, the Client may not use those features that require a prior registration. However, you may keep your account active and object the processing of your personal data to receive commercial, promotional and/or advertising communications.
6.2. Which data does EVPLUG process?
6.2.1. All your personal information we request for registering or contacting us via the Website, the Portal or the Application is mandatory. If you do provide us with this information, EVPLUG may not offer you the register and/or the use of the Service. Likewise, if you register successfully as a Client, EVPLUG will also collect certain necessary information regarding your use of the Service.
6.2.2. In particular, EVPLUG will process the following categories of data:
—Your identification data (e.g. your name and surname, your user name and password);
—Your contact information (e.g. your email address, your telephone number);
—The identification data of your device (specifically, the push token of your mobile phone);
—Your biometric data (i.e. your face image in order to use the facial recognition functionalities provided by EVPLUG). By transferring your personal image, you authorize us to use it only for this purpose, and you assign all the necessary rights on it. Furthermore, you guarantee us that the image provided for your identification does not infringe any third party rights. In any event, you shall hold EVPLUG harmless of any claim of third parties arising out of its use;
—Information of your activity and your use of the Charging Service, including charging preferences, settings, charging amount, etc.;
—Professional data (e.g. information on education and professional experience that you may publish on your résumé, only in the event you sent it us in order to apply to our job offers).
6.3. For what purposes do we process your data?
6.3.1. EVPLUG collects and processes manually and/or automatically all the data you provide solely for the purposes consented in each case. We can dispose and process your data in order to:
—Manage your customeraccount so that you can use our Charging Service and access to the Devices;
—Receive customised notifications based on your use of the Application and the Portal;
—Only if you have authorised us to do so, we will process your data in an automated way to create user profiles, made from the data you provide us from your registration as a Client and from the data on the use of the Charging Service. These profiles will be used by EVPLUG, and may be transferred to third companies with which we collaborate, to send you commercial communications about our own products and services and those from such third companies, all in a personalized way to your consumption and commercial preferences;
—Solve all your informative enquiries and answer the requests that you make us via our remote assistance services, our Website, our Portal or our profile pages on online social media or social networking platforms;
—Send you information, as well as commercial, promotional and/or advertising communications, including newsletters and promotional and advertising messages about the products and services of EVPLUG.
—Manage your education and professional information for purposes of recruitment and selection of candidates and employees; in the case you file your résumés or your application to work with us.
6.4. For how long do we keep your information?
6.4.1. We keep your information only for as long as is necessary for the purpose for which it was collected, or during the time you maintain your User Account, or during the necessary time to comply with your request, until you unsubscribe or request not to receive our informative and commercial communications about our services.
6.4.2. We can keep your personal data longer, even after you stop using our service, and only when required to do so by law, under a Court order or in response to lawful demands of public administrations and officials, in which case your personal data will be duly kept, and protected of all EVPLUG systems, to prevent their access and processing. Once the possible actions prescribe, we will proceed to the removal of your personal data.
6.5. What does legitimate us to process your data?
6.5.1. EVPLUG’s legitimate interests for the processing of the personal data we collect through the forms of the Website, the Portal, the Application, and the Devices through their use is based on the freely given, specific, informed and unambiguous consent you give us for the processing of your data with the following purposes:
—The data processing to manage your Account, including your face image, is necessary to us to enable your login and use of the Website, the Portal, the Charging Service, the Application and the Devices. Our lawful ground for processing this data is your consent and that our processing is necessary to provide our service.
—The processing of your identification and contact information is necessary so that we can manage efficiently and response to your request for information through the Website or the Portal, regarding our services, as well as to provide you our remote technical assistance services. Our lawful ground for processing this data is your consent and that our processing is necessary to provide our service.
—The processing of your data to enable us to send you notifications is necessary so that you are properly informed about how to optimize the use of our Application and our Portal. Our lawful ground for processing this data is your consent and that it is in our legitimate business interest to do so.
—The processing of the activity data during your use of the Charging Service so as to we may create user profiles, in the case you have authorized to do so, is necessary to provide you with a personalized experience of your use of our Application and our Portal adapted to your needs, to improve the efficiency and quality in the provision of charging, to analyse and/or predict your habits and preferences of consumption and mobility, as well as to offer you any kind of products and/or services, either directly by us or by third companies to whom we transfer such profiles, personalized to your commercial and consumption preferences. Our lawful ground for processing this data is your consent and that it is in our legitimate business interest to do so.
—The processing of your identification and contact details so as to send you informative and commercial communications is necessary in order to keep you updated about our services. Our lawful ground for processing this data is your consent and that it is in our legitimate business interest to do so.
—The processing of your education and professional information is necessary to us to manage your recruitment and, if so, your employment, in the event that you send us your résumé or EVPLUG posts a job or a collaboration offer. Our lawful ground for processing this data is your consent and, if applicable, your agreement entered into with us.
6.6. To whom can we communicate your data?
6.6.1. We may need to share your personal data with third parties, only if such transfers are necessary to provide you with our services. When we do so, such data may only be accessed by EVPLUG personnel and by those third parties whose services we hire.
6.6.2. In particular, your personal data may be provided to IT suppliers, who provide us with data management and hosting services, which are necessary for the provision of our service, as well as to external private administrative agencies, in order to them being able to provide us with the administrative services we have purchased with them. Furthermore, we may share your data in order to duly comply with our legal obligations, or for the purposes of communication to credit and asset solvency information files, in case of non-payment of our services, prior unsatisfactory payment request.
6.6.3. In particular, we may share your data with the following third parties:
—Public Administrations and Officers, and Courts when required by tax, labour or any other applicable law;
—Suppliers of systems for the recognition and identification of users by face, fingerprint or voice, for those devices we commercialise that may incorporate such functions;
—Service providers of data hosting and management systems;
—Service providers of distribution, installation and maintenance of devices in order to offer our preventive management services.
6.6.4. Likewise, and only in the case you have authorized to do so, your personal data and your profile as a Client will be transferred to third parties with whom we collaborate, with the purpose of sending communications and offer adapted to your commercial and consumption preferences.
6.7. How do we protect your data?
6.7.1. We are committed with the security of your personal information. We guarantee you that we have implemented organisational and technical security measures required by law that are adequate to the processing of your personal data, by installing and/or adopting all the technical, personal and organisational measures so as to guarantee the confidentiality, integrity and quality of the information, as well as to avoid the loss, misuse, alteration, unauthorised access and theft of the personal data provided.
6.7.2. EVPLUG implements security measures such as encryption and access control procedures in order to prevent unauthorized access to data and guarantee its confidentiality. We also ensure that our employees, collaborators and managers are suitably qualified and trained to protect your personal information and ensure its confidentiality.
6.7.3. Any kind of security breach in your personal data that constitutes a risk to your rights will be immediately notified by EVPLUG to the Spanish supervisory authority (“Agencia Española de Protección de Datos”).
6.8. What are your rights when you provide us with your data?
6.8.1. EVPLUG is committed to protect your privacy and the confidentiality of your personal information. For such reason we will give you an adequate response when you request the exercise your rights. You may exercise your rights by sending an email to our address service.rgpd@EVPLUG.com, duly identifying yourself and clearly indicating the purpose of your request.
6.8.2. Specifically, you have the following rights in relation to the personal data we hold about you:
—Right of access: you have the right to request access to the personal data we are processing and to obtain information about the processing we are doing;
—Right to rectification: if the personal information we hold about you is inaccurate, incomplete or obsolete, you are entitled to request its rectification.
—Right to erasure: you can ask us to delete or remove your personal data in some circumstances, such as when you consider that its processing is unnecessary or illegitimate;
—Right to restrict processing: you can ask us to limit the processing of your personal data in certain circumstances such as where you contest the accuracy of that personal information or object to us processing it.
—Right to data portability: you have the right, in certain circumstances, to obtain personal information you have provided us with, in a structured format, commonly used and machine readable format, and to ask us to transfer this to another third party of your choice.
—Right to object: you can ask us to stop processing your personal information, on a legal basis, in relation to you or if it significantly affects you, unless the processing is necessary for reasons of public interest;
—Rights in relation to automated decision-making and profiling: you have the right to object to the automated processing of your data, including its processing for profiling purposes in the case you have previously authorized us to do so, when it produces a legal effect or significantly affects you;
—In the event that EVPLUG does not answer a query regarding your exercise of your rights, you have the right to file a complaint to the Spanish supervisory authority (“Agencia Española de Protección de Datos”) via the link http://agpd.es, by phone 901 100 099 or by post at the address Agencia Española de Protección de Datos, C/Jorge Juan nº 6, 28001, Madrid, Spain.
6.10. Data Protection Officer
7. SECURITY OF THE SERVICE
7.1. EVPLUG undertakes to implement in the Service as a whole any appropriate and sufficient technical and operative measures required to guarantee the security of the User’s personal data, ensuring their confidentiality and preventing their tampering, impairment or loss.
7.2. EVPLUG is under no obligation to verify the presence of viruses, worms or any other computer element that could be harmful, or destructive or damaging. It is the responsibility of the User to arrange or implement in the devices used for the access and use of the Service (computers and Mobile Devices) the relevant tools for the detection, protection and removal of malware or any harmful computer program. Therefore, EVPLUG is not liable for the damages caused to the Users’ or third parties’ equipment for the use of the Service.
8.2. Browsing and using the Service imply that the User accepts the installation of cookies in his/her equipment for the purposes herein. Whether the User decides not to accept the use of our cookies, the Service may be affected or certain features may not be operative, or even browsing may not be possible through this Service.
Types and purpose of the cookies used:
- Technical cookies: allow the User browsing through the Service and using its options or services, such as traffic control and data communications, session identification, access toRestricted parts, remember the elements that make up an order, perform the purchase procedure, apply for registration or the attendance to an event, use security elements while browsing, store contents for the broadcast of video or sounds, or share contents in the social networks.
- Customization cookies: allow the User to access the service with certain general features predefined according to certain criteria in the User equipment, as the language, type of browser used to access the Service, regional configuration from where the Service is accessed, etc.
- Analytical cookies: these are the cookies used by EVPLUG or property of third parties that allow the owner to monitor and analyze the behavior of the Users in the Website. The information provided by these cookies is used to measure the activity and to make browsing patterns of the Users in the aforesaid Websites in order to enhance the service according to the analysis of the data on the use made by the Users of the Service.
- Advertising cookies: allow an efficient management of the advertising spaces that may be included in the Service, which includes browsing patterns that allow obtaining information on the behavior of the User. These cookies allow tailoring the advertising contents so that they are relevant for the User.
While browsing the Website the User has the option to allow, block or delete the cookies installed in his/her equipment by configuring the options in the browser?
Internet Explorer: http://windows.microsoft.com/es-es/internet-explorer/delete-manage-cookies#ie=ie-11
EVPLUG may amend this policy when deemed as appropriate, and it is the responsibility of the User to regularly check the policy in force.
9. SENDING CONFIDENTIAL INFORMATION THROUGH THE SERVICE
Any information sent by the User through the Service shall be treated with the due confidentiality and respect. That notwithstanding, EVPLUG can delete such information if it is deemed offensive or inappropriate, as well as allow the competent Courts and Authorities to access such information whether required, provided such access complies with the laws in force
10. TECHNOLOGICAL LIMITATIONS
Eventually, the Service may be temporarily disrupted due to maintenance works. Likewise, EVPLUG warns that, in addition to the aforesaid disruptions, there are many elements that can affect the operation of the Service, such as, but not limited to, environmental conditions, network overload, connectivity, third parties’ software, etc.
11. LINKS TO THE SERVICE FROM THIRD PARTIES’ WEBSITES
Links may be included in third parties’ websites or applications that direct to contents in the Website, provided it is obvious that they link to a different website. Under no circumstance must these links to the Website be inserted in a website or application that has illegal or unlawful contents, or goes against good faith. Such links are not allowed either in websites or applications with strong sexual contents or with violence. Likewise, and by way of example, links must not be inserted in websites or applications with xenophobic, discriminatory or pornographic contents or offensive against human dignity.
12.1. EVPLUG is not liable for decisions taken by the Users as a result of the information offered by the Service, regardless of its origin, nor for the damage caused to the Users or third parties by the use of the Service.
12.2. EVPLUG is not liable either for the speed, browsing quality and use of and access to the Service by the User, which depends from the technical conditions purchased by the User with its access provider. Therefore EVPLUG shall not be liable for the impossibility, suspension or cancellation of the access to the Service or connection issues in the network used to access the Service and disruptions due to third parties. EVPLUG is not liable either for the continuity and availability of the Service when it cannot be guaranteed for reasons beyond EVPLUG control.
13. ILLEGAL USE OF THE SERVICE
13.1. Users undertake not to use the Charging Service for illegal purposes that are contrary to the provisions of the General Terms and Conditions, detrimental to the rights and interests of EVPLUG or third parties, or that may, in any way, damage or tarnish the image or reputation of EVPLUG, or prevent the normal use or benefit of the Charging Service.
13.2. The User may only use the Charging Service for personal purposes and in accordance with the scope specified in these General Terms and Conditions. The User shall not carry out any activity that may cause harm to the Service and/or its operation and development.
13.3. In addition to the above, in particular, but without limitation, the User shall not use the Charging Service:
- a) to harass or disturb other persons and/or violate their privacy;
- b) to impersonate other users or third parties;
- c) to spy on other users or third parties:
- d) to disclose to third parties the location of other users;
- e) to diminish the reputation, image and honour of other users or third parties; and
- f) for advertising purposes, in order to promote its own or third-party products, services, or activities, without obtaining prior express authorization from EVPLUG.
13.4. The User is not permitted to fully or partially transfer his/her rights and obligations under these General Terms and Conditions without prior express written authorization from EVPLUG.
13.5. EVPLUG reserves the right to block access to, or delete, the User’s account, and to take any necessary legal action if the User breaches the provisions of these General Terms and Conditions.
14. ENTRY INTO FORCE AND DURATION
14.1. These General Terms and Conditions will be in force as long as the User keeps his/her customerAccount active and/or makes use of the Service through the Basic Subscription Plan.
15. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
15.1. EVPLUG reserves the right to amend these General Terms and Conditions at any time, and it is the responsibility of the User to read them every time he/she purchases and/or uses the services provided via the Website, the Portal or the App. With each access and use and/or purchasing of the Service for its use via the Website, the Portal or the App, the User accepts the General Terms and Conditions that are in force at any time, having always access to them at the moment prior to the access to and purchase of and/or the use of the Service.
15.2. Likewise, EVPLUG also reserves the right to modify the conditions of the corresponding Subscription Plan purchased by the Client. In case those modifications entail a substantial change, EVPLUG must previously inform the Client for his/her knowledge and prior acceptance so that said modifications may be applied to the Client.
16. WRITTEN COMMUNICATIONS
16.1. By accepting these General Terms and Conditions, the User accepts that most of the communications with EVPLUG will be electronic. EVPLUG will contact the User by electronic mail or by displaying notices in the Service. The User accepts the use of these electronic means of communication and acknowledges that any notice, information and other communications electronically sent by EVPLUG comply with the statutory requirement of being in writing.
17. APPLICABLE LAWS AND JURISDICTION
17.1. These General Terms and Conditions shall be governed by the laws of Spain without prejudice to the consumers and user’s protection laws that could result applicable.
17.2. In the event of any dispute arising from the provision of the Service, the parties expressly waive their right to any other venue or jurisdiction to which they could be entitled and agree to submit to the Courts of Madrid, Spain.
18. USER SERVICE
If the User wants to contact with the customer service, he/she can use the following means:
Sending an electronic mail to the address email@example.com.
Calling number +35 722 577 143.
19. ADDITIONAL TERMS AND CONDITIONS APPLYING IN THE UK
19.1. Standard installation
EVPLUG standard installation includes the following:
- Fitting of a Device to a brick or plaster wall, or to another suitable permanent structure.
- Up to 15 metres (50 feet) of cable, run and neatly clipped to the wall between the electricity supply meter / distribution board and the Device.
- Routing of the cable through a drilled hole in a wall up to 500mm (20 inches) thick, if this is needed.
- The fitting and testing of electrical connections and protections required for the Device.
- Up to 3 metres (10 feet) of plastic conduit to conceal interior wiring.
If your installation falls outside the Governments’ definition, we will quote a price for the extra work.
19.2. Your responsibility
Feel free to call us at 0203 808 76 82 to check your eligibility for the grant, or you could find yourself liable to repay some or all costs. Full details of the grant terms and conditions are available here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/at tachment_data/file/710071/evhs-guidance-for-customers-v-2.2.pdf
Customers who require additional information or have any queries regarding the grant process should contact OLEV directly at: firstname.lastname@example.org
19.3. Conditions and limitations
The Device must be located in your designated off-street parking area and be fixed at a height where it cannot be hit by a vehicle.
The cable cannot be fitted higher than 1.8 metres (6 feet) above the ground. Standard installation does not include trenching the cable underground or suspending it above ground; if this is required, we can quote a price in advance. If we find out on the day that we have to cross a garden or a pathway, we may need to pause the job and quote a price for the extra work.
When you are using your Device, the EV charging lead must remain on your property and must not create a trip hazard for you or any third parties.
We cannot run cable under floorboards or through ducting / ceiling voids / wall voids without a draw cord (to pull the cable through), or if the floorboards have not been lifted. We cannot take responsibility for reinstating flooring or other building materials after the cable has been laid.
We are not able to work in crawl spaces, on roofs or in lofts if it is deemed unsafe.
We are not able to work in extreme weather (i.e. flooding or intense rain). If it is not safe to carry on, our expert will do as much as they can and we will return at a later date.
19.4. Your wiring needs to be up to the job
EVPLUG follows BS7671 2008/2015 Amendment 3 Standard Regulations and NICEIC guidelines on Electric Vehicle installations. If we cannot install complying with these rules, then your installation will be paused and we will quote a price for the work needed to meet the required standards.
19.5. What happens if your electrical supply is inadequate?
We can only complete the job if the electrical capacity (i.e. main fuse) can support the additional electrical demands of the Device. If the capacity is not sufficient, we might be able to de-rate the charger or we may have to pause the job until your main fuse is upgraded by your electricity supplier.
19.6. Completion time
We allocate two hours for standard installations. If we cannot complete on the day due to supply-related problems or unexpected extra works, then we will reschedule an installation date once the additional works are complete or our quotation for the work has been accepted.
19.7. Additional work for non-standard installation items
We will provide a quotation for items that fall outside the ‘standard installation’, which will be valid for 90 days. A new installation date will be given once payment has been made.
Someone over the age of 18 years needs to be present on site for the entire duration of the installation.
19.8. When the installation is complete
You will have to sign a declaration, which includes details of your address, V5 document, charge point serial number and the MPAN number from your electricity meter or bill. Our installer will also take a photograph of the finished job, for our records.
Residents must provide evidence of being the registered keeper or lessee, or of having been named as the primary user of an eligible EV or plug-in vehicle in order to be able to claim the grant.
Only one claim per vehicle can be made, even if you own more than one home. However, a single customer can claim one charging point per vehicle, for up to two vehicles.
A list of qualifying electric vehicles is maintained at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file /768515/electric-vehicle-homecharge-scheme-eligible-vehicles.csv/preview
The grant is only applicable for residential addresses with designated private off-street parking.
If you are not the property owner and freeholder of the building, a signed written permission and a proof regarding the address from the appropriate owner or management company must be obtained prior to the installation of the Device.
Any area where the installation of a Device may affect another property owner, written permission and a proof of address from the appropriate owners must be obtained prior to installation.
If you are the property owner and freeholder of a listed building, we require listed consent from the local planning authority before an installation can take place.