WATTiGO general terms and conditions for charging service in effect from 2021-10-01

1 § Charging service

WATTiGO (via A Better Company Nordics AB, org.nr 559240-9030, Ormingeringen 24A, 132 33 Saltsjö-Boo. Contact: [email protected]) will provide via ChargePanel (ChargePanel AB, org.no. 556963-3182, Skeppsbron 34, 11130 Stockholm, Sweden. Contact: [email protected]) a charging service for the public (hereinafter the Customer) at charging stations connected by third parties to WATTiGO to manage and control the charging of electric current in public as well as private networks of charging stations. These general terms and conditions (hereinafter the Terms and Conditions) apply to the charging service and the Customer's use of WATTiGO and apply to charging stations in networks connected to WATTiGO.

Stations included in the WATTiGO network are shown in the WATTiGO mobile application (hereinafter the App).

2 § Use of the WATTiGO mobile application

Through A Better Company Nordics AB, WATTiGO offers a mobile application that makes it possible to find stations and to pay for charging at WATTiGO charging stations.

WATTiGO reserves the right to shut down the WATTiGO mobile application at any time, without compensation to the customer. The customer is not entitled to damages as a result of the WATTiGO mobile application being out of order.

3 § Use of WATTiGO charging stations

The customer is responsible for ensuring that the correct equipment is connected between the car and the charging socket. Each charging station owner in the WATTiGO network is responsible for ensuring that the charging stations comply with applicable standards, laws and regulations. The charging capacity depends on several factors, such as the technical conditions of the electric vehicle, the charging level of the car battery and the capacity of the charging station, of which the component with the lowest capacity will determine the power that the electric vehicle can absorb.

Therefore, WATTiGO cannot guarantee that charging an electric car will be completed within any maximum time limit or with a certain minimum power.

4 § Availability

The charging service is available to the Customer 24 hours a day, but in practice the possibility of charging may be limited, for example, by the fact that certain charging stations are not accessible at certain times due to specific restrictions.

The availability of WATTiGO charging stations is communicated through the App.

WATTiGO aims to ensure that charging stations in the WATTiGO network are operational to the greatest possible extent. In the event that the charging station should suffer a technical fault, WATTiGO will attempt to rectify the fault as quickly as possible.

WATTiGO reserves the right, without compensation to the Customer, to modify, restrict access to, or suspend the Charging Service or charging station for e.g. updates, maintenance and error correction or as a result of force majeure situations beyond the control of WATTiGO.

5 § Payment

Use of the Charging Service in the form of charging history is saved for the Customer in the App.

The Customer is liable to pay WATTiGO for all use of the Charging Service undertaken.

Payment for charging can be by credit card or other payment method and takes place after completion of charging. All prices displayed in the App are inclusive of VAT. When invoicing, WATTiGO is entitled to charge a reasonable fee according to the WATTiGO price list in force at the time and, where applicable, to charge statutory interest on arrears and collection costs.

Objections to charging must be submitted by the user within a maximum of 14 days following completion of charging. Eligible refunds will be made to the same payment method used for payment unless we expressly agree otherwise.

In any event, WATTiGO has the right to suspend the Customer in the event of non-compliance with the terms and conditions of payment.

6 § Personal data

This privacy policy ("Policy”) applies to our mobile application for charging services (”the Service”). In the Policy, the terms "Company", "we", "us" and "our" shall henceforth refer to WATTiGO.

Here you will find information about how we process your personal data in connection with the provision of the Service or if you are otherwise in contact with us.

Why are we informing you?

We know that it is important to you how your personal data is processed. This Policy describes in detail how we collect, process, use and transfer (collectively "process") your personal data.

Personal data is information that relates to an individual that is identifiable through the information, whether in combination with other information or independently.

You should read this Policy so that you know what personal data we process, on what lawful basis, for what purposes and what rights you have in connection with the use of the Service. If you have any questions about this Policy, please feel free to contact us, see contact details under ”Questions and Concerns” below.

Who is the data controller?

The Company is the data controller, which means that we decide why and how your personal data is processed. It also means that we are obliged to ensure that your personal data is only processed in accordance with this Policy when you use the Service and we are obliged to provide you with the information contained in this Policy. If you have any questions, please contact us using the contact details provided in the "Questions and Concerns" section below.

In cases where we have appointed a Data Protection Officer (DPO), you can contact our DPO using the contact details provided in the "Questions and Concerns" section below.

Processing of your personal data

What personal data do we process?

The personal data we collect is set out below and can be divided into four main categories (i) contact details, (ii) login details, (iii) banking details and (iv) user details.

Contact details (first and last name, telephone number, e-mail address and, in specific cases, the name of the company you work for);
Login details (first and last name, telephone number, e-mail address and IP address);
Bank details (credit card information and, in specific cases, clearing and bank account number for payment); and
User data (RFID tag, location information on which charging station was used, electricity charged per kilowatt hour, amount paid per charge, time of use of the Service and, in specific cases, registration number from the vehicle's licence plate).

We collect personal data directly from you when you use the Service but we may also obtain it when you contact us. The personal data we process about you may also vary depending on which services are activated in our mobile application.

The following personal data is only processed if the Fleet Management module is activated for the Service and the user is connected to the module:

The name of the company you are employed by;
Clearing and bank account number in connection with the payment; and
Registration number from the vehicle registration plate.

Processing may be carried out by parties other than us on our behalf. Please note that if you do not provide contact details, for example, we may be unable to provide the Service or the information you request.

On what legal basis do we process your personal data?

We must always have a lawful basis, i.e. a reason arising from applicable data protection legislation, for processing your personal data. We only process your personal data on the following lawful bases:

The processing is necessary for the performance of our agreement with you;
The processing is necessary for purposes relating to our legitimate interest; and/or
The processing is necessary for compliance with a legal obligation to which we are subject.

For what purposes do we process your personal data?

Below is a summary of the purposes for which we process your personal data under Regulation (EU) 2016/679 of the European Parliament and of the Council ("GDPR") and other applicable data protection legislation. In some circumstances, several purposes may be relevant to a processing activity.

Contact details (to provide the Service, customer service, manage your rights in accordance with the GDPR);
Login details (for providing the Service);
Bank details (for providing the Service); and
User data (for providing the Service, business and product development, monitor and compile statistics, perform market and customer analyses).

Your contact details are needed for us to provide good customer service. We have a legitimate interest in being able to answer your questions and we need to be able to deal with any complaints or disputes you raise with us. We also have a legitimate interest in continually improving the Service and your user data may therefore be used for business and product development, monitoring and compiling statistics and carrying out market and customer analyses.

Does the Company share your personal data with others?

Personal data will only be shared with others when it is necessary for our contact and for the performance of our tasks or when it is otherwise necessary based on the purposes set out in this Policy. Your personal data may be shared with our group companies, partners or other third parties with whom you come into contact or who are involved in our operations.

Group companies

Your personal data will only be shared within our group of companies (if any) in certain situations where it is lawful to share it. For example, we may, where applicable, share personal data with other companies within the group for our administration and to enable us to provide

the Service;
for business and product development;

Your personal data will never be shared with other companies within the Group unless it is in compliance with applicable data protection legislation or the information contained in this Policy. Access to personal data within the Group will only be granted if it is necessary based on an individual's work tasks.

Partners

In the event of partnerships, the following shall apply. We have partners who provide us with certain services. Services covered are

IT support for the mobile application,
cloud services;
other IT-related services where the partner helps us manage, for example, our private network of charging stations;

We have written data processor agreements with all our partners that govern how they may process personal data on our behalf and require them to ensure an adequate level of security for your personal data.

Access to personal data by third parties is limited and only granted in light of the nature of the assignment, the need for knowledge, depending on job functions and roles. This means that we will never share your personal data with anyone who does not need it for any of the above purposes or to help us carry out our duties accordingly.

Disclosure of data to third parties

We may be required to share your personal data with third parties in certain circumstances based on applicable legislation. These third parties may include:

Administrative authorities (e.g. the Swedish Tax Agency);
Financial institutions;
Insurance providers;
Legal representatives; and
Police, prosecutors.

Does the Company transfer personal data to countries outside the EEA?

We will generally not transfer your personal data to a country outside the European Economic Area ("EEA"). However, it may be that one of our suppliers, customers or partners is located outside the EEA or uses staff or materials/equipment outside the EEA and your data may then be processed outside the EEA. We have put in place appropriate safeguards with respect to the protection of your privacy, your fundamental rights and freedoms and the exercising of your rights. If the processing of your personal data will be taking place outside the EEA, we will always take measures such as ensuring an adequate level of data protection through standard contractual clauses based on the European Commission Decision 2021/914 of 4 June 2021 or decisions replacing it.

If you would like to see a list of the relevant provisions or have any questions about the transfer of data to other countries, please contact us, see contact details under "Questions and Concerns" below.

How is your personal data protected?

We use appropriate IT security systems to protect the confidentiality, integrity and accessibility of your personal data. In particular, we have put in place appropriate security measures against unlawful or unauthorised processing of personal data and against accidental loss or damage to personal data. Access to your personal data is only granted to persons for whom it is necessary for the performance of their duties.

How long does the Company keep your personal data?

We will retain your personal data for as long as we need it to fulfil the purposes for which it was collected (see above) and to comply with laws and legal obligations. This may mean that some data is kept longer than others. For example, how long we keep your personal data is affected by (i) laws with which we are required to comply, (ii) whether we have any legal relationships with each other or any third parties, (iii) the type of personal data we hold about you, and (iv) whether you or a competent authority asks us to hold the data and there is a reasonable reason to do so.

If you have any questions about how long we keep certain data about you, please contact us, for contact details see "Questions and Concerns" below.

Your rights and how you can use them

You have various rights which you are entitled to exercise. One of the rights you have is to be informed about our processing of your personal data, i.e. you have the right to access this Policy. If you have any questions, please feel free to contact us, for contact details see "Questions and Concerns" below.

There follows a summary of the other rights you have under the law, with information on any conditions and restrictions on how the rights can be used and how you can use your rights in practice.

Right of access

You have the right to access the personal data we hold about you.

However, we must be able to verify your identity. Your request must not affect the rights and freedoms of others, for example, other people’s privacy and confidentiality. In some cases, we may also refuse to provide a copy of the data, for example if you make so-called unfounded or unreasonable requests, such as requesting access several times in a short period of time.

Right to data portability

You may have the right to receive the data you have provided to us, and which is processed by us, in a widely used machine-readable format.

The GDPR does not establish a general right to data portability, but if the processing is based on your consent or on our agreement with you and when the processing is carried out by automated means (e.g. not physical documents), you have such a right.

Rights related to inaccurate or incomplete data

You may challenge the accuracy and completeness of the personal data we process about you. If the personal data is found to be inaccurate, you have the right to have the inaccurate data deleted, corrected or, where appropriate, supplemented.

This right applies only to your own personal data. When exercising this right, please be as specific as possible.

Right to object

You have the right to object to the processing of your personal data.

This right only applies if our processing of your personal data is explicitly based on a so-called legitimate interest (see further under "For what purposes do we process your personal data?"). To raise an objection, the request must be based on grounds related to your specific situation. This means that your justification for the objection must not be too generalised.

Right to restriction of processing

You have the right to request that we restrict the processing of your personal data.

This right only applies if our processing of your personal data is unlawful, if our processing of the personal data is no longer necessary for the stated purposes, if you consider the data to be inaccurate and have requested rectification or objected to our processing of your personal data and are awaiting a response from us on the issue of legitimate interest.

Right to erasure of personal data

You may have the right to have your personal data erased (also known as the "right to be forgotten") if, for example, you believe that the data we are processing is inaccurate, if the data is no longer needed for the purposes for which it was collected or if the processing itself is unlawful.

There are various situations where we have the right not to delete your personal data. Such situations may be (i) that we need the data to comply with a legal obligation, (ii) that we need the data to exercise or respond to legal claims, (iii) that we need the data with reference to certain filing obligations under law, or (iv) that the data is necessary for the performance of contractual obligations we have towards you.

Right to withdraw your consent

You have the right to withdraw your consent to such processing to which you have previously consented.

If you withdraw your consent, this will only apply to future processing.

To exercise any of your rights as set out above, please contact us by email at [email protected], we ask you to be as specific as possible when requesting to exercise a right.

Questions and Concerns

If you have any questions or would like more information about your rights or our processing of your personal data, including the right of access and correction of inaccurate data, please feel free to contact us by email at [email protected].

If you have any questions or concerns about how we process your personal data, we would like you to let us know so we can try to resolve them. If you believe that we are in breach of our obligations under applicable data protection legislation, you are always welcome to lodge a complaint with the Swedish Authority for Privacy Protection, or any other competent regulatory authority.

Changes to this Policy

We may make changes to this Policy. If the change involves a change of substantial importance to the nature of the processing (for example, expanding the categories of recipients or introducing transfers to a third country) or a change that may not be of significance to the processing, but which may be of significant importance to, or affect, you, we will provide updated information well in advance of the change being implemented. We will send the changes to you by email or via the mobile application so that you can read and form an opinion about the changes. When we notify you of such changes, we will also explain how you may be affected by them.

7 § Responsibility for errors etc.

WATTiGO shall not be liable for any damage arising from a lack of compatibility between the Customer's vehicle and the charging station, or from the Customer's use of the Charging Service or the charging station contrary to the instructions and technical requirements in force at the time, as set out in this Agreement or as otherwise made available to the Customer by WATTiGO.

WATTiGO shall not be liable for indirect or consequential damages relating to damage to the Customer's property resulting from the Customer's use of the Charging Service or the charging station.

The Customer is not entitled to damages due to the closure or malfunction of a charging station.

The Customer is responsible for complying with all guidelines and requirements in accordance with the instructions given by WATTiGO from time to time. This includes responsibility for ensuring that the electric vehicle used by the Customer in connection with the Charging Service complies with all charging requirements.

WATTiGO reserves the right to block the Customer with immediate effect in the event of misuse of the service, if there is a suspicion of unauthorised use or a risk that the Customer will not fulfil his/her obligations towards WATTiGO.

8 § Transfer of agreement

The Customer agrees that WATTiGO may assign all or part of its rights and obligations under this agreement on unchanged terms to another company within the same group or to another party that can reasonably be expected to perform the obligations under the agreement in a satisfactory manner.

The customer is not entitled to transfer or assign its rights or obligations under the agreement to another party, in whole or in part.

9 § Validity of the Agreement

These terms and conditions are valid until further notice. WATTiGO has the right to terminate this agreement with immediate effect if the Customer breaches these terms and conditions or uses the Charging Service or a charging station in such a way that inconvenience or damage is caused to WATTiGO.

10 § Amendment of conditions

WATTiGO has the right to amend these terms and conditions provided that the customer is notified of the amendment by email at least two months before the amendment comes into force. In such cases, the customer shall be deemed to have been notified two days after the email was sent.

11 § Dispute

Disputes concerning the application or interpretation of the Terms and Conditions shall be resolved in the first instance by negotiation and agreement between the parties. If no agreement can be reached, the dispute shall be settled by a general court, in which case Swedish law shall apply. Disputes may also be heard by the National Board for Consumer Disputes.