1. Acceptance of the Conditions of Use
1.1. These conditions of use (the “Conditions of Use”) govern the agreement between the user (the “User”) and Repower Vendita Italia S.p.a., joint stock company with the single shareholder subject to the direction and control of Repower Italia S.p.a., with registered office in Milan, at via Giulio Uberti n. 37, registered with the Companies Registry of Milan, Fiscal Code and VAT No. 13181080154, registered with the Repertorio Economico Amministrativo (R.E.A.) of the Chamber of Commerce of Milan under number 1623367, share capital, fully paid, in EUR 4,000,000 (“Repower”), relating to the use of “Recharge Around” application owned by Repower (“Recharge Around”).
1.2. The acceptance of the Conditions of Use is an essential and necessary requirement to use Recharge Around.
1.3. By completing the registration to Recharge Around, the User confirms that he/she has read and accepted these Conditions of Use. Furthermore, completing the registration to Recharge Around constitutes a specific approval of the provisions under Clause 15 of the Conditions of Use, pursuant to Articles 1341 and 1342 of the Italian Civil Code.
The agreement will be effective upon completion of the registration to Recharge Around.
2. Recharge Around
2.1. Recharge Around is an application which enables the User to:
- look for and choose places to charge electric vehicles (the “Charging Points”);
- locate charging devices managed by Repower, either owned or hold by third parties (“Repower Charging Devices”);
- locate charging infrastructures managed by third parties;
- start navigation to the Charging Points;
- view information relating to the Charging Points (host, address, type of plugs, etc.);
- after registering on Recharge Around in accordance with point 3 below, charge the electric vehicle with the Repower Charging Devices indicated on Recharge Around as public;
- Recharge Around allows to book any charging process from Repower Charging Devices for a predetermined time period the moment before the charging process is activated.
2.2. Recharge Around is intended for personal use and it must be used in accordance with all applicable laws, with specific reference to safety legislation (including road safety legislation).
3. Registration to Recharge Around
3.1. To register, the User should go to the “Register” section and choose, at his/her discretion, whether:
- to insert personal details and a valid email address and to choose a password in accordance with the security criteria required by Recharge Around. The User must keep the log-in information safe. To complete the registration to Recharge Around, a verification email is sent to the email address indicated when registering to Recharge Around; or
- to use Google or Facebook accounts.
3.2. In order to enable a charging process for a fee on Repower Charging Devices with Recharge Around, the User shall select the payment method and insert the personal data necessary for billing. Payments by credit card are accepted only within Visa or Mastercard circuits. The payment method is subject to acceptance of the by the bank linked with Repower.
3.3. At every update of Recharge Around Conditions of Use, the User will be requested to make a new acceptance. The most recent version of Recharge Around Conditions of Use will always be available on Recharge Around.
3.4. The User undertakes to keep its log-in information confidential, and not to disclose and/or communicate it in any form to third parties. Repower accepts no liability for any damage resulting from unauthorised use of the log-in information.
4. Activating and stopping charging
4.1. In order to use the operational features of Recharge Around (i.e. activating and stopping the charging in order to activate each charging of an electric vehicle), the User shall complete the Registration procedure. Furthermore, the User shall insert his/her details determined at the time of registration or use its Facebook or Google social network account.
4.2. Repower Charging Devices could be indicated as available, public, free or for a fee. Upon selection, The User may activate and interrupt the electric vehicle charging service on Repower Charging Devices in accordance to the following steps:
- after selecting the chosen Repower Charging Device within the map, the User must get close to that Repower Charging Device in order to activate the charging procedure;
- select the plug in the Repower Charging Device options screen and push the button to activate the charging process;
- Recharge Around will verify that the User is within a sufficient distance to activate the charging procedure;
- after this verification, Recharge Around unlocks the plug and activates the charging process;
- before the charging process, Recharge Around allows the User to book the plug of a Repower Charging Device located in the map within a limited distance (i.e. 50 Km) and for a predetermined time (i.e. 30 minutes);
- the User can stop the charging process by pressing the relevant button;
- Recharge Around will verify that the User is within a sufficient distance to stop the charging process and then stops the process;
- In the event a selected charging process comes with a fee, the User will be charged at the end of the charging process.
4.3. The User declares that he/she is aware and accepts that Repower assumes no liability in relation to the state of maintenance of the Charging Points and/or how the charging procedure is carried. In this event, the User accepts that the owner or the holder of the Charging Points are and shall be exclusively responsible.
4.4. For all of the above purposes, the User accepts that Repower may communicate with him/her electronically.
4.5. Recharge Around can be used free of charge, except that the User shall bear the costs for any fees provided by his/her telephone operator for traffic. Repower accepts no liability for any technical problems relating to email or the telephone operator of the User, which might affect and/or prevent the registration or any operating features of Recharge Around.
5. Payment of the Charging Process
5.1. Any charging costs displayed in Repower Charging Device are applied at the sole discretion of the owner or holder of the charging devices. Repower accepts no responsibility in relation to charges/absence of charges for charging the electric vehicle with the charging devices, which are and shall be at the discretion of the owner or holder of the charging devices.
5.2. The prices of the energy charged at each Repower Charging Device are set by its owner or holder and include VAT and any other applicable tax.
5.3. The list of the charging process completed with their prices will be available to the User in the section “Recharge History” of Recharge Around. At the beginning of each month, Repower will send the invoice with the list of all transactions made by the User in the previous month to the e-mail address indicated by the User during the log-in.
5.4. To the extent permitted by applicable laws, Repower assumes no obligation or liability in connection with transactions and payments made by the User.
5.5. In the event of failure of the payment process, Repower will notify the User and inform him/her on how to pay the charging process. In the event the User does not pay, Repower will reserve the right to suspend the User's account.
6.1. The owner or the holder of the Repower Recharge Device can provide vouchers to the User. Vouchers allow access to discounts or promotions. At the beginning of the charging process, the User can activate a Voucher directly from Recharge Around by filling voucher’s specifics or by using the QR-code.
7. Permitted uses of Recharge Around
7.1. Recharge Around is allowed only for 18+ or legal entities.
7.2. The User must use Recharge Around in accordance with these Conditions of Use.
7.3. In any event, the User must not:
- use Recharge Around in violation of any legislation or in violation of these Conditions of Use, or fraudulently (hacking, inserting viruses, etc);
- use Recharge Around in a manner that damages, disables, overloads, puts in danger or compromises the security of Repower systems or interferes with using Recharge Around by other users;
- collect information or data transferred from Recharge Around to Repower systems or attempt to decode any transmission from or to servers that process any part of Recharge Around;
- copy, distribute, transmit, amend or tamper, in any way, with the material contained in Recharge Around;
- remove copyright, trademarks or other intellectual property rights contained in Recharge Around;
- create links to Recharge Around from other applications or sites, without Repower’s express consent;
- evade or modify any Recharge Around security technology, without Repower’s express consent;
- use Recharge Around or any of its functions for commercial purposes, without Repower’s express consent.
8. Intellectual property rights
8.1. Except for the sources used for geolocation and indication of third parties’ owned-Charging Points, all intellectual property rights relating to Recharge Around, including trademarks relating to Recharge Around and Repower, as well as all Recharge Around contents, are and shall remain property of Repower. It is understood that Repower accepts no liability in relation to the geolocation and indicating Charging Points with third parties’ charging devices.
8.2. In no circumstances these Conditions of Use or the use of Recharge Around constitute a licence, or an assignment or transfer of intellectual property rights to the User.
9. Limitation of liability
9.1. Without prejudice to the provisions of the law, Repower does not give any express or implied warranty in relation to the operation and use of Recharge Around. The User acknowledges and accepts to use Recharge Around at its own risk. He/she also acknowledges being the only person liable for any damage to the device through which it accesses Recharge Around, such as data loss etc that might occur when loading, accessing or using Recharge Around.
9.2. In no situation Repower may be held liable for any indirect, special or consequential costs, or expenses, loss of profit, credit card fraud and duplication or damage suffered by the User in relation to the use of Recharge Around.
9.3. Without prejudice to Clause 4.3. above, the User acknowledges that the charging service through Repower Charging Devices or third parties’ charging devices is made available by its owner or holder (at its discretion, for or without consideration). Repower is not liable to the User in the event of impossibility and/or refusal to provide the charging service and/or fraud, negligence, breach, omission or wilful misconduct by the owner or holder of the Repower Charging Devices or third parties’ charging devices. Therefore, the User is aware and accepts that any contact and/or interaction between the User and the owner or holder of Repower Charging Devices or third parties’ charging devices takes place under the full responsibility of the User, without any involvement by Repower.
9.4. The User acknowledges and accepts that Repower is in no way responsible for the contents published by the owners or holders of the Repower Charging Devices and third parties’ charging devices visible on Recharge Around. Repower cannot guarantee that owners or holders publish any incorrect or unlawful contents on Recharge Around.
10.1. Repower reserves the right to amend, at any time and unilaterally, the Conditions of Use, also for the purposes of amending Recharge Around. Moreover, it reserves to amend the right to suspend the operation of Recharge Around, for maintenance, as well as for the purposes of updating the content and/or adapting it to new technologies and/or information security practices and/or technical procedures.
10.2. If the Conditions of Use are amended, the User shall view a specific information notice. In order to use Recharge Around, the User must accept the new Conditions of Use. This acceptance is a condition precedent and it is necessary for the continued use of Recharge Around. In such case the User may withdraw from the agreement without charges by sending a notice to firstname.lastname@example.org
10.3. Updates to Recharge Around will be issued from time to time through Apple store or Google play.
11. Termination and withdrawal
11.1. This agreement is terminated by law, under and pursuant to Article 1456 of the Italian Civil Code, upon the occurrence of any of the following situations:
a) breach by the User of even one of the prohibitions under Clause 7.2 (permitted uses);
b) breach of even one of the obligations under Clause 3.4 (confidentiality of log-in information);
c) In the event of failure of the payment process as described in the previous clause 5.5, the User unfulfills the request of payment.
11.2. The termination by operation of law is effective upon Repower's notice to the User that it intends to rely on the express termination clause, without prejudice to further damages.
11.3. In addition to the foregoing, Repower reserves the right to suspend and/or delete the User's account, at any time, without notice and without any liability towards the User, if it becomes aware of any anomalous use or use that is in violation of these Conditions of Use.
11.4. The User may withdraw from this agreement at any time and with a notice of 30 days, by notice by email to email@example.com
11.5. Repower may withdraw from this agreement at any time with immediate effect, by giving notice to the User to the email address given at the time of registration.
12.1. The User accepts that Repower may at any time transfer the rights and obligations arising from these Conditions of Use, as well as this agreement, to any company belonging to the Repower Group, without consent and/or prior notice.
12.2. For any information relating to the use or functioning of Recharge Around, the User may send an email to firstname.lastname@example.org
, it being understood that Repower does not accept any liability in relation to the functioning/non-functioning/fitness/unfitness for the charging service of Repower Charging Devices and/or third parties’ charging devices, which shall remain in the complete availability of their owner, in accordance with the provisions of point 7.3 above.
12.3. Invalidity, illegality or ineffectiveness of one of the provisions of the Conditions of Use will not affect the validity and effectiveness of other provisions.
13. Applicable law and jurisdiction
13.1. The Conditions of Use are governed by Italian law.
13.2. Any disputes relating to Recharge Around or the Conditions of Use will be submitted to the jurisdiction of the court of the place of residence or domicile of the User.
14.1. Repower shall use the personal data and all other information relating to the User and loaded onto Recharge Around in accordance with applicable privacy laws.
14.2. The attached privacy notice forms integral and substantial part of the Conditions of Use.
15. Inequitable clauses
15.1. Under and pursuant to Articles 1341 and 1342 of the Italian Civil Code, the User specifically accepts, electronically, the following clauses:
inequitable clauses: 1.3 and 15; limitation of liability: 3.3., 4.3, 4.5, 5.6, 8.1, 9 (all provisions); non-permitted uses of the application: 7.3; contractual amendments: 10.1, 10.2; suspending the application and the agreement:5.5, 10.1, 11.1; termination and withdrawal: 11 (all provisions); assignment of rights and obligations, assignment of agreement 12.1; jurisdiction: 13.2.
Privacy notice in accordance to EU Art. 13 n. 679/2016
Dear Sir, Dear Madam,
Repower Vendita Italia spa with registered office in Milan, via Uberti 37 (chap. 20129), tax identification number and VAT number 13181080154, in the person of its legal representative p.t., as data controller (hereinafter "Data Controller"), declares that, pursuant to art. 13 of EU Reg. No. 679/2016 (hereinafter "GDPR"), needs to process the user personal data (hereinafter "User"), in compliance with the regulations in force and as specified below.
This Privacy Notice is provided exclusively for the Recharge Around application and related services.
1 Subject of processing and categories of data processed:
The Data Controller will process the personal identification data (by way of example: name, surname, address, email, facebook contact data, google contact data, billing data etc. - later also "Data") that the User voluntarily communicated. This is done for the purpose to use, through the Recharge Around application, the specific services offered by Repower.
It is specified that the Data Controller will treat:
a) any image voluntarily provided by the User through the Recharge Around application, for the sole purpose of identifying any malfunctions of the Service.
b) the information, including telephone numbers, directly provided by the User to the Client (namely the owner and / or holder of the Repower charging station). As such, the Client may communicate the above mentioned information to Repower, for the sole purpose to manage problems and/or inefficiencies reported by the driver;
c) any User confidential "banking" data (e.g. credit card membership circuit - even of subjects other than the driver -) for the sole purpose of allowing the redirection on the site of the Credit Institution for the payment of the requested service. This holds true also for the subsequent administrative-accounting closure.
The Data Controller does not knowingly collect Data from users under the age of 18.
2. Purpose, legal basis of the processing and consequences of failure to communicate the Data
User’s Data are processed lawfully and fairly for the purposes described below.
A. Management of the Recharge Around service, of the specific pre-contractual and contractual relationship and of legal obligations.
Data provided by the User - which also includes the information necessary for the geolocation of the charging points - will be processed by the Data Controller to use the Recharge Around service and to process the User requests. Moreover, data provided by The User will be processed for the completion of all the requests and consequent operations, including technical and administrative activities related to contractual obligations. In the event of failure to provide Data, the Data Controller may be unable to provide the services requested.
A.2. Need to fulfill legal obligations.
This necessity represents the legal basis that legitimizes the consequent data processing. In fact, the Data Controller is obliged to fulfil at any time legal, accounting, fiscal, administrative and contractual obligations connected to the supply of the requested services. The Data Controller is also bounded to the fulfilment of legal obligations or other procedures for the correct management of relations with authorities, supervisory bodies and public third-party for purposes related to particular requests.
Providing the necessary Data for these purposes is a legal obligation. In the event of failure to provide Data, the Data Controller may have difficulties to establish any contractual relationship and may be required to report any misconduct.
B. Marketing and commercial communications.
Trade promotion, sales and improvement of products and services, market research (direct marketing). In line with the sole specific and separate consent (pursuant to art. 7 GDPR), which a User is free to provide or not, these activities are aimed to:
B.1. allow the Data Controller to carry out further market research and analysis aimed at detecting the customer satisfaction regarding the quality and type of services rendered. Moreover, these activities are aimed to initiatives relating to the improvement of the services provided, as well as sending the User promotional material. Furthermore, these activities are aimed for communications and information of commercial and direct marketing of new products offered for sale and for the new services offered by the Data Controller in addition to those provided for in point A.1. or by third parties (including other Repower Group companies). At last, these activities are aimed for related offers, discounts and any other promotional and loyalty initiatives reserved for the User, through traditional contact systems (paper mail or calls through operator);
B.2. allow the Data Controller to carry out market research and analysis to detect the degree of customer satisfaction inherent to the quality and type of services rendered. Accordingly, these activities are meant to allow the Data Controller to retain initiatives relating to the improvement of the services provided, as well as to send promotional material and / or communications and commercial information and direct marketing of new products offered for sale. This holds true also for any new service offered by the Data Controller or by third parties (including other Repower Group companies), as well as related offers, discounts and any other promotional initiative and loyalty retention reserved to the User. Any information of such kind may be forwarded by means of unautomated call or call communication systems without the intervention of an operator, or by e-mail and / or SMS messages (Short Message Service).
The processing of the Data for the aforementioned purposes (both "B.1." And "B.2.") is permitted in relation to the free circulation of data as envisaged by the GDPR and can be translated into activities aimed at satisfying the legitimate commercial interests of the Data Controller, including the activities of commercial development carried by the latter.
The provision of Data for these purposes is optional. As such, The User may decide not to provide any data or, subsequently, deny the possibility of processing Data already provided: in such circumstance, the User will not be entitled to receive commercial communications and promotional material concerning the services offered by the Data Controller.
C. Provision of customized products and services and processing of information related to preferences, habits, consumption choices (profiling).
C.1. Upon the User specific and distinct consent (pursuant to art. 7 GDPR), which a User is free to provide or not, the Data Controller may need to process: information relating to preferences, habits and consumption aimed at clustering according to behaviours or profiles of any interested parties. To complete information relating to preferences, the Data Controller may also need to resort to advanced techniques or algorithms and computer systems and also through the enrichment of data, in order to develop, promote and deliver products and services "tailored" to the Data Controller or subjects third parties (including the other companies in the Repower Group).
The provision of data for these purposes is optional. Therefore, a User may decide not to provide any data or, subsequently, deny the possibility to process data already provided: in this case, a User will not be able to receive dedicated commercial communications.
3. Processing methods:
The processing of a User Data is carried by means of the operations indicated in art. 4 n. 2) GDPR and more precisely: collection, recording, organization, structuring, storage, adaptation or modification, extraction, consultation, use, communication by transmission, diffusion or any other form of provision, comparison or interconnection, limitation, cancellation or destruction of Data.
User Data are filed both on paper and electronically. Data acquired are processed, in full compliance with the law, as well as the principles of lawfulness, correctness, transparency, non-excessiveness and protection of the User privacy and rights. The processing of Data of minors is not envisaged.
4. Data Retention Period:
The Data Controller maintains the Data in compliance with local laws and internal company policies and procedures for the time necessary for the purpose of fulfilling the aforementioned purposes and satisfying his/her legitimate commercial interests, legal obligations or to establish, exercise or defend legal rights. Once the need for Data retention for these purposes has been exhausted, these will be safely deleted. For more information related to the terms of preservation of documents, the Repower Vendita Italia S.P.A policy measure is available at the following link: “https://go.repower.com/ConservazioneDati
” the extract of Repower Vendita Italia S.p.a.
5. Communication, dissemination and access to Data
User Data may be made accessible for the purposes described above:
- to employees and collaborators of the Data Controller in Italy and abroad, in their capacity as Data Processor and / or sub Data Processor, or persons authorized to process data in accordance with the GDPR and / or subjects with specific functions and duties pursuant to 'art. 2-quaterdecies of Legislative Decree no. 196/2003;
- to other Repower Group Companies (controlling, controlled and / or connected) in Italy and abroad and to their employees and collaborators (for example for administrative and accounting purposes);
- to other third-party companies or other subjects (for merely indicative and non-exhaustive purposes, credit institutions, financial intermediaries, credit insurance institutions, professional firms, consultants, etc.) who carry out outsourced activities on behalf of the Data Controller, in their capacity as external data processors, including suppliers or subjects in charge of performing ancillary or instrumental services for the purposes indicated above, with which the Data Controller enters into specific agreements.
The Data Controller also reserves the right to make personal data accessible with determined third parties, including: IT providers for systems development and technical assistance purposes; auditors and consultants to ascertain compliance with external and internal requirements; legal entities, law enforcement agencies and litigants in accordance with legal obligations of disclosure or claims; any successors or commercial partners of the Data Controller or a company of the Data Controller group in the event of sale, transfer or other extraordinary operations; police forces, armed forces and other public administrations, for the fulfilment of obligations required by law, regulations or Community legislation.
In the event that the above-mentioned parties are established in countries outside the EU, the Data Controller will ensure that the transfer of data outside the EU will occur in compliance with the applicable legal provisions, subject to the stipulation of the standard contractual clauses envisaged by the European Commission.
6. Data Transfer:
The Data will be stored on servers located within the European Union. In any case, it is understood that the Data Controller, if necessary, has the right to share data also with the Parent Company Switzerland Repower AG and / or to transfer the Data also in other non-EU areas; in this case, the Data Controller will ensure from this moment n that the extra-EU Data will be transferred in compliance with the applicable legal provisions, subject to the stipulation of the standard contractual clauses envisaged by the European Commission.
The Data Controller will apply to the aforementioned transfers all the necessary protections pursuant to the current legislation on privacy.
Rights of the interested party:
In your capacity as Data Subject, i.e. User, one has the rights pursuant to articles 13, paragraph 2, letters b), c) and d), 15, 16, 17, 18, 19 and 21 GDPR and precisely the rights to:
- obtain confirmation of the existence or not of Data concerning the User, even if not yet recorded, and their communication in intelligible form;
- obtain the indication: a) of the origin of the Data (if they were not obtained from the Data Subject); b) the purposes and methods of the processing, as well as the relative legal basis; c) the logic applied in the case of processing carried out with the aid of electronic instruments; d) of the identification data concerning the Data Controller, the Data Protection Officer (if appointed) and the Data Controller representative eventually designated pursuant to art. 13, paragraph 1, GDPR; e) the subjects or categories of subjects to whom the Data may be communicated or who can learn about them as appointed representatives in the State and managers;
- obtain: a) update, rectification or, when interested, integration of the data; b) the cancellation, transformation into anonymous form or blocking of personal data processed in violation of the law, including those which do not need to be kept for the purposes for which the personal data were collected or subsequently processed; c) the statement that the operations referred to in letters a) and b) were brought to the attention, also with regard to their content, to those to whom the data have been communicated or disseminated,. The previous holds true unless it becomes impossible or it involves a manifestly disproportionate use of resources vis-a-vis the protected right;
- oppose, in whole or in part: a) for legitimate reasons to the processing of data related to the User, even if relevant to the purpose of the collection; b) to the processing of data relating to the User for f promotional or direct-sales material or to carry market research or deliver commercial communications. The above mentioned shall not be sent by means of automated call systems, as well as without the intervention of an operator by means of e-mail and / or through traditional marketing methods by phone and / or mail. Please note that the interested party's right of objection, set out in the previous point b), for direct marketing purposes by automated means, extends to the traditional channels and that the possibility for the interested party to exercise the right of opposition also remains valid only partially. Therefore, the interested party may decide to receive only communications using traditional methods or only automated communications or none of the two types of communication;
- where applicable, the User is also entitled to the rights referred in Articles 16 - 21 GDPR (right of rectification, right to oblivion, right to limitation of processing, right to data portability, right to object), as well as the right to complain to the Guarantor Authority;
- revoke any consent given at any time.
With respect to the right of data portability, the Data Subject may request to receive or transfer any personal data held by the Data Controller in a structured format for common and readable use, for further personal use or to supply such data to further data controllers.
With reference to the contractual relationship, in general, personal and contact data are those subject to portability.
8. Procedure for exercising the rights:
A user may at any time exercise his/her rights or make a request by sending: a registered letter a.r. to Repower Vendita Italia S.p.a. - P.I .: 13181080154 -, with registered office in 20129 Milan at Via Uberti 37; or an e-mail to the address: email@example.com
The deadline for reply is one month. The aforementioned deadline may be extended by two months in particularly complex cases: if this occurs, within one month the Data Controller will provide a communication relating to the reasons for the extension. The Data Controller has the right to request the information necessary to identify the applicant. In general, the exercise of the rights is free, except for in the case of manifestly unfounded or excessive requests, for which the Data Controller may reserve the right to request from the interested party a reasonable fee based on the administrative costs to be incurred.
9. Data Controller, Data Protection Officer and Data Processors
The Data Controller is Repower Vendita Italia S.p.a. - P.I .: 13181080154 -, with registered office in 20129 Milan Via Uberti 37, in the person of its legal representative p.t.
The Data Protection Officer may be contacted at the following email address: firstname.lastname@example.org
The list of categories of data processors is kept at the registered office of the Data Controller.