General Terms and Conditions of use for OMV B2PAY

1. General provisions

1.1. This document defines the general terms and conditions for the use of the OMV B2Pay mobile app (hereinafter referred to as the “App”) of OMV Petrom Marketing S.R.L. with registered office in Coralilor Street no. 22, INFINITY building, floor 1, Oval B, district 1, registered at the Trade Register Office of the Bucharest Court under no. J40/10637/1998, unique registration code 11201891, tax attribute RO (“OPM”) and OMV International Services GmbH, with registered office in Vienna A-1020, Trabrennstraße 6 - 8 (hereinafter referred to as “OIS”)

Hereinafter jointly referred to as the “Issuer”.

The App is intended for corporate customers who have a valid business contract for Petrom or OMV cards with ROUTEX functionality, concluded with OPM and/or OIS (hereinafter referred to as the “Card Contract”) and can be used in filling stations operating under the OMV and Petrom brand for the exclusive purchase of and payment for motor fuels without using the OMV Routex or Petrom card at payment terminals.

1.2. The general terms and conditions of use of the App are described in this document, which is available in the Account created in the App, which allows viewing the content and registration of users, customers of the Issuer (hereinafter referred to as “Users”).

1.3. Before the initial registration in the App and the creation of the personal account, each User must fully read the General Terms and Conditions of Use of the OMV B2PAY App (“Terms and Conditions”) and the Information Note regarding the processing of personal data collected through the App ("Information Note").

1.4. The Issuer reserves the right to amend the Terms and Conditions, to suspend or decide to withdraw the App at any time and to modify the Information Note, without justification or compensation and without accepting claims for compensation from the Users. The Issuer shall inform the User at least fourteen (14) days prior to the effective date of the changes or new Terms and Conditions. All such changes to the Terms and Conditions shall be made in the form of written amendments and shall come into force on the date they are published on the App.

The Users shall be informed of the new changes:

• by pop-up messages in the App that must be accepted, whenever necessary, by ticking the appropriate box. Failure to accept the new General Terms and Conditions shall lead to the User's account being cancelled, which can no longer be accessed after their entry into force, as described above or
• by e-mail to the e-mail address declared by the User. Any such modification will be considered accepted by the User if the User does not object in writing, by e-mail within 14 days of receiving the respective notification. The notification will inform the User about the effect of acceptance considered above.
  

2. Registration in the App

2.1. Registration in the App is available exclusively to individuals, hereinafter referred to as “Users” who:

i. are employees of a legal entity that has signed a Card Contract with the Issuer (hereinafter referred to as the “Card Customer”) and

ii. have been appointed by the representatives of the Card Customer for the use of the App.

2.2. To access the App, Users must:

• download the App, free of charge, on their smart phones or tablets, from Google Play or App Store;
• before using the App for the first time, access the authentication app called “Pace ID”. Access details shall be sent by email to the address provided to the Issuer by the Card Customer;
• agree to the General Terms and Conditions of use of the App and to take note of the Information Note;
• accept access to the location for the App and activate 2FA (Two-factor authentication) function by biometrics, FaceID, PIN, depending on the mobile device used.

Registration in PACE ID is mandatory for further use of the App and digitization of the OMV Routex or Petrom card to be used for online payments. Once the App is used for the first time, the User must follow the steps described in order to make payments via the App. The authentication data sent via Pace ID shall be used for the actual connection to the App. The creation of the Pace ID account will be done in accordance with the rules of PACE, and the processing of the data according to the information note made available by PACE, which has the capacity of data operator for the data provided at the time when the Pace ID account is created.

3. App usage

3.1. After the User has registered, the App details through successive screens the steps required to use the App, namely: selecting the filling station where the User wishes to use the App for payment (hereinafter referred to as the “Location”), selecting the pump number of the station where the refuelling takes place, the actual refuelling and its completion once the dispenser is repositioned in the selected pump.

3.2. The App prompts the User to confirm the payment and the digital card to be used for the current refuelling and, if applicable, the User is prompted to enter additional details as specified at the time of the request for the issuance of a new fuel card by the Card Customer, for example the number of kilometres on board the vehicle or a numerical code specific to the Card Customer. Once the transaction has been authorised, the App shall display the following details in the form of a digitised non-fiscal receipt: location, amount of fuel, pump number, fuel type and total amount.

3.3. The User can access the OMV B2PAY account through the App.

The OMV B2PAY account can be accessed using a username (represented by the e-mail address) and password. The User must keep confidential the information required to access the account.

3.4. The User may not allow third parties to use the account. If the User does not comply with this obligation, he/she shall be liable for all damages suffered by the Issuer or third parties in connection with the use of the OMV B2PAY account by third parties. The Users are not allowed to use, for the creation of the Account, the personal data of other individuals, but only data belonging to them, correct and up-to-date.

3.5. The Issuer shall be exempted from any liability in the event that a User uses personal data belonging to other persons or incorrect or untrue personal data, and the User shall defend and indemnify the Issuer and any other injured parties for any direct damages suffered by them as a result of the User’s breach of this obligation.

3.6. Users must submit the following information:

• Personal data that is provided by accessing and using the App (e.g. IP address, type of browser used, type of device used, and cookies published in the App;
• Personal data related to the registration form (e-mail address, password – PACE ID). The contact data provided may be used by the Issuer to communicate relevant information about the App to Users;
• Geographic location data for displaying the nearest OMV and/or Petrom filling station.

3.7. It is not allowed to provide false information or information not belonging to Users. Users must protect their registration data to prevent third parties from accessing their accounts.

3.8. While using the App, the Users are responsible for their own devices and computer systems used to access the App and for the settings of their own devices and systems. The service provider is not responsible for Users’ devices and systems or for the use of Users’ devices and systems by third parties.

3.9. For the transmission of the geographic location data processing, the User must make the following information available to the Issuer:

• contact details (e-mail address, phone)
• geographic location data, e.g. For choosing the location where the App shall be used, the Issuer having access to the User’s purchase history (type of Products, amount paid, place and date of purchase).

4. Deactivation and termination of use of the App

4.1. The User may withdraw from the App, free of charge, at any time, using the App, in the “Delete Account” section.

4.2. Depending on the settings of the mobile device being used, the App may automatically deactivate if it is not used for a long time.

4.3. The Issuer may also deactivate the User’s account in the following cases (without being limited to):

• the information entered by the Participant during the registration process is intentionally or obviously incorrect;
• the User breaches the obligations specified in the General Terms and Conditions; or
• in the event of identifying attempted fraud.

4.4. After deactivation, the User may create a new account within the App using the same email address.

5. Technical requirements

5.1. Users must download the App from the Google Play Store or Apple App Store.

5.2. The App can be downloaded on Android and iOS devices with Internet access, especially mobile phones and tablets.

5.3. Each device model has access to certain software versions. For some device types, certain software versions may not be available. If the relevant software version is not available for the User’s device, the User cannot use the App.

5.4. The specific requirements for a device to run the App are as follows:

• sufficient battery level,
• access to the Internet and browser,
• an active email account,
• must support the above operating systems,
• no changes to the operating system, in particular those that override the security protection of the device manufacturer or the operating system (jailbreaking and rooting).

5.5. Installation and use of the App requires fixed mobile data communications from the User’s device. The amount and frequency of data communications depends on how and when the App is used. The cost of data communications is borne by the User and depends on the contract between the User and the Internet service provider.

5.6. The service provider may post and provide updates to the App and the App must be continuously updated to work properly. The service provider does not guarantee that the App shall work properly unless the User downloads and installs the updates provided by the service Provider on his/her device.

5.7. Access to certain resources on the User’s device, such as photos/media, device ID, connection information, geolocation or contacts, may be required to use certain features of the App. If access to these sources is denied, it may limit the functionality of the App.

6. Location

6.1. When the App is launched for the first time, the User is asked to choose to give or refuse consent to the processing of his/her location data (geolocation - GPS) for the purpose of displaying the nearest Station.

6.2. If the User consents to the processing of his/her device location data, the geolocation function of the nearest filling station shall be activated. In this case, in order to ensure the best results, the GPS function must be activated on the User’s device. This information is used exclusively for locating the nearest filling Station, and is stored and retained exclusively on the User’s device.

6.3. This consent can be withdrawn and granted again at any time from the device’s operating system settings but also from the App, “Permissions” section.

6.4. The App will always display the nearest Location, identified by the User’s location when the location feature was last available, which shall remain in the history until the location feature is activated again.

7. B2PAY Application Security

7.1. Access to the User’s data in the App is protected by username (represented by the e-mail address entered) and password. The password must meet the security requirements mentioned at the time of registration, in particular those related to the number and type of characters. The password must be protected and must not be disclosed to others.

7.2. The User is not entitled to allow third parties to use the account. If the User does not comply with this obligation, he/she shall be liable for all damages suffered by the Issuer or third parties in connection with the use of the account in the App by third parties.

7.3. The Issuer recommends that the User uninstalls the App from the device immediately after deciding that he/she shall no longer use the device and that he/she is going to transfer it to third parties.

7.4. The Issuer declares that it shall make every effort to ensure a high level of technical security for the App and the User’s data. However, the Issuer declares that the App may prove vulnerable to certain future threats, given the peculiarities of information technology. For this reason, the Issuer recommends updating the App and declares that it may, from time to time, issue instruction reports with security rules for the use of the App.

8. Data security breach

8.1. If we learn that the security of the App has been compromised or that Users’ personal data has been accessed by or disclosed to unauthorized third parties as a result of external activity, including but without being limited to

• security attacks or
• fraud,

we reserve the right to take appropriate reasonable measures to prevent or mitigate adverse effects on Users, including but without being limited to:

• temporary or
• permanent blocking of access to the account or certain features of the App, investigation and reporting, as well as notification of and cooperation with competent authorities.

In the event of a personal data security breach, we shall make reasonable efforts to notify the affected data subjects if we believe there is a risk likely to generate a high risk to the User’s rights and freedoms as a result of the data security breach or if otherwise required by law. Any notification shall be made either directly via the mobile app, email or SMS.

9. The processing of personal data will take place according to the Information Note made available to the User in the Application in the "Privacy Statement" section.

10. Deactivation of the User and termination of the App

10.1. Based on reasonable grounds (such as a reasonable suspicion regarding the breach of the Terms and Conditions of Use by an User) affecting the use of the App, the Issuer may deactivate the User. User deactivation also results in the deactivation of the User’s account, and the User will no longer be able to use the App.

10.2. The App deactivation, together with the relevant justification, shall be communicated by the Issuer to the User by e-mail. The App will be deactivated for the period of time necessary to clarify the situation.

10.3. Once the situation has been clarified, the Issuer shall analyse the conclusions of the investigation and shall:

• allow the User to restore his/her account;
• prohibit the User from using the App and communicate the reason by e-mail.

10.4. The App is used on a voluntary basis and the User may uninstall the App on his/her device at any time without justification. Revocation of consent to the Terms and Conditions of Use of the App shall lead to the cancellation of the App.

10.5. The Service Provider may immediately deny the access of an User to the App if the User seriously or repeatedly breaches the Terms and Conditions (after prior notification), in particular by unlawfully engaging in the operation of the App.

11. Intellectual property

11.1. By consenting to the Terms and Conditions of Use, the User agrees that all copyrights, trademark rights, or other intellectual property rights related to the App that are not reserved to another person under other regulations or licenses, belong to the ISSUER and are subject to relevant legal regulations.

11.2. The appropriation of these intellectual property rights or the use of the services and functions of the App for purposes other than those expressly provided for in the Terms and Conditions is prohibited. The User shall be solely responsible and liable for all damages caused to the Issuer by the use of the name or trademarks associated with the App or other intellectual property rights of the Issuer without its consent or in breach of the Terms and Conditions.

12. General and final provisions

12.1. The Issuer reserves the right to update and amend the Terms and Conditions at any time.

Such changes shall be notified in advance to Users via the App or via e-mail. The new Terms and Conditions shall come into force on the date stated in the notification, but in any case no earlier than 14 (fourteen) days from the date of notification; technical or informational changes and changes that do not affect the position of Users may be implemented in a shorter timeframe.

12.2. If the User does not agree with the new Conditions, he/she may uninstall the App on his/her device, and access to the App shall be blocked if he/she refuses to accept the new Terms and Conditions.

12.3. These Terms and Conditions are available in the App and on the website, https://www.omv.ro.

12.4. Complaints related to the App must be addressed to the Issuer as defined in the Business contract. For each complaint, a reply shall be sent within 14 (fourteen) days regarding its reasoned acceptance or rejection, by registered letter or email to the User’s address mentioned in the complaint.

12.5. Cases that are not covered by the Terms and Conditions are governed by Romanian law, in particular the Civil Code.

12.6. The Issuer and the User shall try to settle amicably all disputes arising in connection with the use of the App.

12.7. The Issuer shall not be responsible for the availability and functioning of the Internet services, nor for technical problems encountered in transmitting data via the Internet or in transmitting data using other electronic devices. The Issuer is not responsible for the transmission of verification e-mail messages nor for technical issues that may be associated with these e-mail messages. If the User does not receive a verification email message, the User must:

• verify that he/she is registered with a correct e-mail address;
• check the SPAM folder in the email account;
• ask for the verification e-mail message to be resent;
• contact the Issuer at 0800 0800 77 or via e-mail at omvpetrom@omv.ro.