Approved by the Director of the Company ___________
Terms and Conditions:
"Electrify Georgia" LLC (I/N 405663802) is a company with the highest corporate responsibility, which cares about the environment, ecology, consumer rights, and the provision of safe, high-quality services. These terms and conditions are mandatory for you to receive the services of "Electrify Georgia" LLC (I/N 405663802). Accordingly, by expressing your consent, you give your full and informed consent to all and any of the following terms:
1. Introduction
1.1. The present terms and conditions and its appendix constitute a binding agreement between you and "Electrify Georgia" LLC (I/N 405663802) and govern your use of services through the application of "Electrify Georgia" LLC (I/N 405663802). Also, the provision of services to you by "Electrify Georgia" LLC (I/N 405663802), legal, technical, and/or financial issues necessary for the provision of services, rules, bases, and standards of personal data processing.
1.2. Please read these terms and conditions and their appendices (if any) carefully.
2. Definition of terms
The terms used in these terms and conditions shall have the following meanings:
• "Website" - means the platform through which the service is offered;
• "Application" - means the platform through which the service implementation is carried out.
• "Company" - LLC "Electrify Georgia" (I/N 405663802), which is registered in accordance with the legislation of Georgia and which owns the website.
• "User" – a natural or legal person who registers electronically on the company's platform and wants to receive services.
• "Parties" - means the company and the customer.
• "Account" - means the account registered electronically by the user.
• "Registration" - means the user to go through a special procedure electronically through this application and create an account to receive the service.
• "Authorization" – action performed by the user through the account registered in the application.
• "Personal data" - any information related to an identified or identifiable natural person. A person is identifiable when they can be identified directly or indirectly, particularly by an identification number or a characteristic of the person by physical, physiological, psychological, economic, cultural, or social characteristics.
• Processing of personal data - any action performed on data, including their collection, acquisition, access to them, their photography, video monitoring and/or audio monitoring, organization, grouping, interconnection, storage, modification, recovery, retrieval, use, blocking, deletion or destruction, as well as disclosure of data by transmission, disclosure, distribution, or otherwise making available.
• Personal data processing by automatic means - data processing using information technologies.
• Personal data subject - any natural person who registers on this platform and whose data is processed.
• Basis for processing personal data - for the purpose of providing services, improving quality and/or fulfilling contractual terms/requirements, as well as other legal/legitimate bases established by the current legislation of Georgia.
• Written consent of the data subject - electronic consent expressed in this application, by which the data subject expresses consent to process their personal data, including for direct marketing purposes (to send advertising messages to a mobile number and/or e-mail).
• Person responsible for processing - "Electrify Georgia" LLC (I/N 405663802), which individually determines the purposes and means of data processing, performs data processing directly or through a person authorized for processing.
• Person authorized for processing - natural person, legal entity (contractor of the company), or public institution that processes/processes data for "Electrify Georgia" LLC (I/N 405663802) and/or on its behalf. A natural person in an employment relationship with a person responsible for processing is not considered a person entitled to processing.
• Data recipient - a natural person, legal entity, or public institution to which the data was transferred, except for the Personal Data Protection Service.
• Direct marketing - direct and direct provision of information to the data subject by telephone, mail, e-mail, or other electronic means of a natural person and/or legal entity, goods, idea, service, work, and/or initiative, as well as formation and maintenance of interest in image and social topics, for the purpose of realization and/or support.
• Profiling - any form of automatic data processing that involves the use of data to evaluate certain personal characteristics related to a natural person.
• Depersonalization of data - such processing of data when it is impossible to link them to the data subject or establishing such a link requires disproportionately large efforts, costs and/or time.
• Pseudonymization of data - such processing of data when without the use of additional information it is impossible to connect the data to a specific data subject and this additional information is stored separately and through technical and organizational measures, the data is not connected to an identified or identifiable natural person.
• Incident - a data security breach that results in improper or accidental damage, loss, as well as unauthorized disclosure, destruction, modification, access to, collection/retrieval, or other unauthorized processing of data.
3. Representations and Warranties
By agreeing to these terms and conditions, the user confirms that:
3.1. The user has full authority to agree to these terms and conditions, sign an agreement with the company and fulfill the obligations under the agreement. Accordingly, consent to these terms and conditions is considered as signing of the contract by the user, as an expression of consent to the contractual conditions, and the company is authorized to provide services to the user in accordance with the established conditions.
3.2. The user declares that they are a capable person and acts on the basis of free will and they are not under the influence of alcohol, narcotic, psychotropic, or any other drug that excludes their free will. The user also confirms that they have not been subjected to any illegal actions, such as threats, pressure, violence, etc., and they are fully aware of the content of the expression of their will and the legal consequences arising from it. Any and all liability in connection with this shall rest with the user.
3.3. The user will fulfill the obligations under the contract in a timely manner, in good faith, at the appointed time and place.
3.4. All data registered by the user are accurate. In case of data changes, the obligation and/or responsibility of making the appropriate update in the program/application rest with the user.
3.5. The Company enters into an agreement based solely on the representations, warranties, and obligations contained in these terms and conditions and considers them to be the terms of the agreement. Accordingly, the user's acceptance of these terms and conditions implies the conclusion of the contract without exception to any rule and/or condition. Violation of any of the rules and conditions by the user is a sufficient reason for the company to unilaterally refuse to provide all or any of the services provided for in the agreement and conditions.
4. Application registration and authorization by the user
4.1. In order to receive services through the application, the user is obliged to register in the application. In order to realize the aforementioned:
• The user indicates the following data: name, surname, e-mail, mobile number, date of birth, and country.
• In order to complete the registration, the user must agree to the presented terms and conditions.
• The user is obliged to always keep their personal account access codes safe and never disclose them to third parties.
• The user assumes full responsibility for any actions performed under their account. If a person accesses a user's account in the name and at the direction of another person, it is assumed that they have sufficient authority to impose certain obligations on the user. The company fully disclaims responsibility for damage caused by access to the user's account by a third party.
• The user is obliged to ensure the accuracy of the information in their personal account and its updating. The company will not be responsible for any damage caused by the user's non-fulfillment of the said obligation. The company has the right to request from the user at any time confirmation of the correctness of the information or presentation of documents or other evidence.
4.2. After the user registers in the application, the user can use the website through authentication.
5. Liability and circumstances excluding it
5.1. The company is responsible for:
• Correct and accurate calculation of the tariff.
• Proper and legal processing of personal data.
• Timely and accurate posting and reflection of changes to the rules and conditions.
• To comply with the present rules and conditions, as well as the applicable legislation of Georgia.
5.2. The Company bears no responsibility for:
• Theft, vandalism, robbery, and/or any other crime.
• Falling of trees, earthquake, hail, flood, and/or other natural disasters.
• In no case of imposition of responsibility and/or accrual of fines and/or fines by authorized persons of the state.
• Power fluctuations, voltage, any kind of electrical charge, current, and/or voltage fluctuations and/or supply interruptions and/or any other technical fault that may and/or may not cause harm, damage to the vehicle and the like.
• An accident, an emergency situation, any damage caused/to be caused by any third party, action, and/or wrongdoing.
• Any kind of action, action, fact, and/or event that is beyond the company's powers, competencies, influence, and means of influence.
5.3. The Company's responsibility extends only to the correctness of the Application, the proper operation of the charging device, the lawful processing of personal data, and other matters expressly provided for in these Terms and Conditions (for which the Company's responsibility is established/provided).
6. Privacy policy and personal data processing standards
6.1. Please read this privacy policy carefully. By registering on our website and/or app and agreeing to these terms and conditions, you acknowledge that you have read and agree to the privacy policy and all of its terms.
6.2. Protecting your confidential information is important to us. We take care and protect your personal data collected, processed, and used during the use of the company's service.
6.3. By agreeing to these terms and conditions, you agree to this Privacy Policy (hereinafter referred to as the "Policy") and consent to the processing of your personal data by the Company for direct marketing purposes. Accordingly, the Company is authorized to send SMS to your mobile number, messages/letters to your email address, etc.
6.4. This policy may be updated from time to time. Therefore, please refer to it regularly. The first paragraph of the Terms and Conditions indicates the date when the Terms and Conditions, respectively, the policy was last updated.
6.5. The Company, its subsidiaries, and affiliates, including the Company's contractor data processor(s), strive to protect the personal information of individuals who use our Services. Accordingly, the Company has developed this Policy to describe how and what information will be collected from the Company and the purposes for which the Company may collect, transfer or otherwise make the data available. The company also determines all possible reasonable measures it takes to protect your data (impact assessment).
6.6. This policy applies to all information and personal data collected by the Company as a result of your use of our Services. The Policy does not apply to third-party websites and/or services that are not affiliated with the Company but may be linked to such websites and/or services through the Company's portal or services (hereinafter referred to as Third-Party Websites). Please review the privacy policies of third-party websites and/or services, as the Company is not responsible for, and has no influence over, the content or privacy practices of third-party websites and/or services.
6.7. The policy ensures the existence of the necessary framework conditions for internal or cross-border data exchange by the company (if applicable and/or necessary). The policy ensures an adequate level of protection as defined by the European Union Data Protection Directive1 and national legislation during internal and cross-border data transfers.
6.8. Anonymous and/or data that does not allow identifying a person, such as data for statistical evaluations or studies, is not subject to the regulation of this policy and is not subject to the provisions of this policy.
6.9. The terms of this policy are subject to these terms and conditions, as well as the applicable laws and best practices of Georgia.
6.10. The company will use (process) your personal data for the following purposes:
• for the provision of services, the fulfillment of contractual conditions, the fulfillment of obligations, and the realization of rights.
• For technical administration of the Company's portal and services and for its research and development purposes.
• For client and user administration and marketing purposes.
• To provide you with information about our services and products.
6.11. How do we collect and store information about you?
• The Company uses technology such as cookies or tags (hereinafter referred to as “tracking technology”) to collect the above information (see: What information do we collect from you and for what purpose?) and to understand how visitors use our website.
• Cookie or tag technology helps us manage and improve the usability of the Company's portal and services.
• The Company stores your data only for the aforementioned legitimate purposes (see clause 6.10).
6.12. What principles guide us in the processing of your personal data and their further processing?
• a) Justice and legality.
During the processing of personal data, it is necessary to protect the individual rights of the data subject. Personal data must be collected and processed lawfully and fairly.
• b) restriction for a specific purpose
Personal data may be processed only for the purpose for which the data was collected. A subsequent change in the purpose of data processing is permitted only in exceptional cases and requires the existence of appropriate grounds.
• c) transparency
The data subject must be informed about how the data about them is handled. In general, personal data must be collected directly from the data subject.
• d) destruction
Personal data, the processing of which is no longer necessary after the expiry of a legal or business-process-related period, must be destroyed. In individual cases, there may be a reference to interests that require further protection or to the historical significance of the data. In such cases, the data must be protected as long as there is a legal interest in protecting such data.
• e) factual accuracy, latest data
Protected personal data must be accurate, complete, and, where necessary, up-to-date. It is necessary to take measures that ensure the destruction, correction, addition, or update of inaccurate or incomplete data.
• f) Privacy and data security
Personal data are subject to data confidentiality. It is necessary to treat personal data confidentially at the individual level and to protect them using appropriate organizational and technical measures that exclude unauthorized access, illegal processing, or dissemination of data, as well as accidental loss, alteration, or destruction.
6.13. To whom do we
share information collected about you on the Portal and Services?
• The Company may transfer your information to its affiliates, its or its affiliates' agents, or third parties providing services to the Company outside or within your country to achieve the above purposes. Our affiliates, agents, and third-party service providers who have access to your personal data collected through the Company Portal, Application, or Services are also obligated to maintain the confidentiality of that data.
• If we transfer personal data internationally, we will ensure that we comply with applicable laws and regulations, for example, we will enter into appropriate agreements with those who receive your personal data from us to ensure that they are adequately protected.
• Also, your information may be disclosed by us to government agencies or entities, regulatory authorities, or any other person, pursuant to applicable law, regulation, court order, or official request, guidelines issued by a government regulatory authority and in accordance with the purposes or any similar process conducted under applicable law.
6.14. What security measures have we implemented to protect the information we collect?
• The Company has implemented all reasonable technical and organizational security measures to protect your personal data obtained by the Company from unauthorized access, use, loss, or destruction.
6.15. Rights in relation to your personal data - the customer can at any time:
• request access to copies of personal data held about them and any information regarding its processing, or request the addition, update, or correction of such information.
• request the deletion, anonymization, or blocking of personal data processed in compliance with or in violation of the law and/or these rules.
• Request verification of the legitimate basis for data processing.
• Withdraw consent. The user can withdraw consent at any time. Data processed until its cancellation are still considered legal. In addition, in such a case, the company will no longer be able to provide the service to the customer.
6.16. To exercise these rights (including erasure of any information) please contact us at ___________.
6.17. Data is stored and processed as long as the user uses the company's services. Accordingly, the data are stored and processed during the entire period of service provision.
7. Regulatory legislation
7.1. These terms and conditions are governed and interpreted in accordance with the laws of Georgia.
7.2. Any dispute raised between the parties must be resolved through negotiation, and in case of failure to reach an agreement, the case will be considered by the court of Georgia.
8. Term of validity
8.1. These terms and conditions and its appendices, as well as any changes/additions made thereto, are valid until the account is canceled by the user.
9. Final Provisions
9.1. These Terms and Conditions, together with other related documents, constitute the single and entire agreement regarding the Website and/or Services and supersede all prior and concurrent communications, understandings, written or oral representations, and warranties related to the Website and/or Services.
9.2. If any clause or part of these terms and conditions is revoked, declared invalid, or terminated for any reason, the said clause or part thereof will no longer apply, which will not affect the validity of the remaining clauses of the terms and conditions.
9.3. The company has the right to unilaterally make changes to the text of these terms and conditions and to inform the user about this through the company's information means, including the website, and/or any other available channel and/or e-mail and/or SMS.
9.4. The issues that are not covered by these terms and conditions are regulated by the legislation of Georgia.
