General terms and conditions of use of the Car Home mobile application

  1. General provisions

    1. The present conditions of use of the Car Home application (the "Conditions") define the necessary conditions for use as well as participation in the application testing program organized by OMV Petrom Marketing S.R.L having its registered office in 22 Coralilor street, INFINITY building, 1st floor, Oval B, district 1, registered at the Trade Registry Office attached to the Bucharest County Court under no. J40/10637/1998, tax registration code 11201891, tax attribute RO.

    2. Definitions. For the purpose of these Terms and Conditions:

      1. "User" means any natural person over the age of 18 who registers and uses the Application, accepting these terms. For the avoidance of doubt, the Application is not intended for use by natural persons who do not meet the conditions described in this definition and, explicitly, it is not intended for use by minors (as defined by the legislation in force that is applicable to a particular User );

      2. "Personal Data" means any information relating to an identified or identifiable natural person; an identifiable person is the person who can be identified, directly or indirectly, in particular by reference to a name, an identification number, location, online identifier, to one or more factors specific to its physical, physiological, psychological, economic, cultural or social identity according to the definition of art. 4 par. 1 of the General Regulation on the Processing of Personal Data ("GDPR");

      3. ."Service" means providing the User with access to data and information transmitted by OMV SRL and its suppliers via the Internet, with the help of the Application, as well as the features offered by the Application;

      4. „Denial of Service” attacks mean interference with the Service, regarding any User, network or server;

      5. ."Cracking or hacking" means the unauthorized bypassing of the User's authentication service or other security services of any network, server, web server or User account.

    3. The policy of use of the Application is described in this document, which is available in the account created through the Application, which allows viewing and recording its content. Before initial registration in the Application

    4. Subscribers to the Car Home Program have access to special product offers and other benefits, and may receive information and personalized offers based on the Subscriber's needs, age, gender or purchase history, and may receive marketing materials associated with the registration in the Car Home application.

    5. The Promoter reserves the right to change the Terms or cancel the Car Home Test Program in its entirety at any time, without justification or compensation, and without accepting any claims for compensation from the Subscribers. The Promoter will notify the Subscriber at least fourteen (14) days before the effective date of the amendments or new Terms. All such amendments to the Terms or the Car Home Program must be made in the form of written, numbered amendments to these Terms, taking effect on the date of publication in the Car Home Application.

    6. The benefits, period, terms of use and current duration of the OMV Program are established exclusively by the Promoter, and Subscribers can find this information in the Application.

    7. Subscription to the Car Home Program is voluntary. The Subscriber's user account in the Application ("Account") and enrolment in the registration form provided before downloading the application is proof of participation in the Car Home Program.Each person will only be able to register for the Car Home Program with a single Subscriber account (using a single e-mail address), based on the first completed registration process.

    8. After submitting the completed registration form and successfully completing the registration process (including downloading the application), a Subscriber Account shall be opened. The Subscriber can start using his/her Account and test the functionalities developed in the application.

    9. The Subscriber can access his / her Account through the Application.

    10. Access to the Account is protected by username and password. The Subscriber must keep the information necessary to access his/her Account confidential. The Subscriber cannot allow third parties to use his/her Account. If the Subscriber does not comply with this obligation, he/she will be liable for all damages borne by the Promoter or third parties in connection with the use of his/her Account by third parties.

  2. Use of the Application

    1. The Car Home application (the "Application") is an online platform (mobile application) developed exclusively in the mobile environment that ensures Registration and management of the user and the data attached thereto

      1. Registration and management of information and documents regarding the user's vehicle and property.

      2. Registration and management of the reminders and notifications service

      3. Registration and management of the memos and notifications service

      4. The possibility to pay different taxes (vignette, bridge toll, RCA insurance) through an ecommerce link provided by a third party (called Payment Processor);

      5. With the consent of the users, a wide range of related services, which are constantly improved and developed, through the service providers present in the application.

    2. OMV Petrom S.A offers the User, based on the account created by the User, access to the Application with the following functionalities:

      1. The possibility to keep a record of the information related to the vehicle and to be able to receive notifications regarding the expiration of the ITP (periodic technical inspection), the RCA and/or CASCO type insurance, the periodic technical revisions, the vignette and other reminders/notifications specifically configured by the user, based on the prior configurations made by the User in this regard; They may contain links or information regarding third parties, such as: ITP stations, insurance companies, insurance brokers, etc., which you may use or not, at the User's choice.

      2. Uploading and organizing documents in the application that are related to the owned vehicles

      3. Setting the user profile and enrolling owned cars to contract the services provided by the application (payment of toll or vignette)

      4. .Purchase history through the application as well as documents proving payment (invoice and, as the case may be, vignette document, toll bridge tax document - issued by CNAIR and insurance policy)

      5. Intermediation of the purchase of tortious civil liability insurance, through the partner Insurance Broker;

      6. access to OMV offers, and in particular information on the special offers reserved exclusively for Users who have subscribed to the Car Home Program.

      7. use of maps with a feature to locate OMV fuel stations - a tool for searching for OMV Fuel Stations in a location selected by the User;

      8. Promotion of our products and services or those of our partners.

    3. The use of the Application for commercial purposes is not allowed, also the use of the Application is voluntary and free.

      1. After downloading and installing the Application, Users must register and create their own user accounts ("Accounts").

      2. .The application uses the principle of requesting personal data only when necessary and to serve a processing purpose.

      3. To register in the Car Home Program through the Application and to create an account, Users must provide the following information:

        1. Surname (mandatory),

        2. First name (mandatory),

        3. E-mail address (mandatory),

        4. Request form (mandatory),

      4. To use the vignette and/or bridge toll payment functionalities so that the fiscal invoice can be issued, the User must present the following information:

        1. Telephone number (mandatory)

        2. Home address (Country, City, Street and number, mandatory)

        3. Information about the car (VIN – vehicle identification no., registration number) When paying the vignette, the bridge toll and the insurances contracted through Westaco SRL Broker, OMV Marketing SRL does not process data related to the user's card, these being entered by the user in the interface of the payment processor.

      5. .For vignette and/or insurance and/or bridge toll purchasing through Westaco Broker SRL OMV Marketing SRL does not collect any data related to users payment card. The data is submitted directly to the payment supplier interface.

      6. To contract the insurance policy service that is made available through the Westaco SRL insurance broker, the User shall provide the following information:

        1. Personal numerical code (mandatory - for this use)

        2. ID Series and number (mandatory - for this use)

        3. ID expiration date (mandatory - for this use)

        4. Driving License Number (mandatory - for this use)

        5. Driving License Category (mandatory – for this use)

        6. Driving License expiry date (mandatory – for this use)

        7. Copies of the legally required documents for obtaining an insurance policy

      7. Simultaneously when entering the information regarding the car (VIN, registration number) other information found in the vehicle registration certificate (e.g.: vehicle category, brand , type, model, year of manufacture, type of fuel, type of use: ex: personal, rental, cargo, courier etc.) is processed by collection from OMV Petrom Marketing SRL external databases (e.g.: RAR, CNAIR etc.)

      8. For the transmission of personalized commercial / marketing communications or the processing of geographic location data, the User must provide the following information:

      9. Surname, forename (mandatory)

      10. Contact details (e-mail address, phone, fax) (mandatory)

      11. Geographic location data, for Push notifications (correlated with the ”Active” status of application installation and with the Consent to receive such notifications)

      12. Data regarding the history of your purchases in our stations

      13. To contract the insurance policy service, the user must accept the specific terms and conditions of this service available at the time of accessing the functionality from the application.

    4. It is not allowed to provide false information, in particular regarding the information that does not belong to Users. Users must protect their login data to prevent third parties from accessing their accounts

    5. In order for a User to benefit, under the best conditions, of the services described above, he/she must follow a certain set of steps:

      1. downloading the Application from the Apple App Store, on a phone compatible with the current Application version, according to the notes on the Application page from the Apple App Store. Thus, OMV Petrom Marketing S.R.L. does not guarantee the operation of the Application on any mobile device belonging to a User;

      2. creating a User account, by filling in a form containing the following fields: e-mail address, surname, forename, password, when completing this form, the User is obliged to provide current and complete data; without completing the form, a natural person cannot become a User of the Application; the purpose of requesting and processing this information by OMV Petrom Marketing S.R.L. is described in the personal data processing policy ("Privacy Policy"), accessible here;

      3. accepting the Terms and Conditions and confirming that he/she has been informed about the content of the Privacy Policy; these documents are accessible at any time, for consultation, within the Application, after the completion of the process described above;

      4. actions specific to the collection of data, documents and information regarding cars and people;

      5. other actions specific to contacting and contracting insurance service providers, vignette, toll tax, etc.

    6. OMV Marketing SRL disclaims any responsibility for any damages that the User or third parties suffer due to: a) the contractual relationship they have, such as, for example, but not limited to, the relationship between the User and the insurance companies, as well as due to b) the manner in which insurance companies, other product suppliers and service providers process personal data transmitted through the platform, observe the confidentiality of data, documents and information received and the security measures they take, each of the Parties listed above acting as an Independent Controller, in the sense of art. 24 of Regulation 679/2016.

    7. The use of the Application is free of charge, and if certain services will be charged, the user will be informed in advance.

    8. While using the Car Home Application, Users are responsible for their own devices and computer systems used to access the Application 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.

    9. The default language of the Application will be automatically selected based on the language selected on the User's mobile device.

    10. Information on special offers can be viewed in the Application. If the Subscriber expresses its consent for this purpose, he/she may receive information related to special offers in the form of marketing messages received through the Application or other electronic communication channels

    11. During the use of the Application, the User has the possibility to change the incorrect or inaccurate data and/or to disconnect from the Application. At the same time, the User has the right to delete the account at any time, which does not affect the legality of processing the data from the account or during its activity period.

    12. To the extent that the Personal Data provided by the User at the time of completing the Application Registration form are false, inaccurate, or incomplete, OMV Marketing SRL, after ascertaining this fact directly or as a result of a notification, may cancel or temporarily suspend access to the User's account or the operations carried out in this account, in whole or in part, or may refuse to provide any or all of the services available within the Application, to the extent that the respective Personal Data cannot be rectified with the User's help.

    13. Special offers can be sent to all Subscribers, groups of Subscribers or each individual Subscriber.

    14. With the consent of the Subscriber, the Promoter may develop and make available special offers that correspond to the potential needs or expectations of the Subscribers. Special offers may be customized based on information about the Subscriber held by the Promoter and developed in particular by analysing the following:

      1. purchase history, in particular the type and quantity of products purchased;

      2. . the manner in which the Car Home Application is used, especially the offers and features that are preferred by the Subscriber;

      3. information related to the location and circulation of the Subscriber, especially visits to OMV Fuel Stations;

      4. other personal data provided by the Subscriber (date of birth, etc.).

  3. The rights and obligations of the User. Improper use

    1. The User agrees to use the Service in good faith and only for legal purposes. The user undertakes to:

      1. not modify, copy, distribute, transmit, display, publish, reproduce, grant licenses, create derivative products, transfer or sell any kind of information or services obtained from or through the Website presenting the Application and the Application;

      2. not carry out (and not allow) the cracking or hacking activity, or "denial of service" attacks. Users who violate the security of systems or networks can be sued in court, incurring civil and/or criminal liability, as the case may be;

    2. The User agrees to hold harmless and not bring legal actions in court against OMV Marketing SRL regarding any claim raised by a third party, resulting from the use of the service or the communication network of OMV Marketing SRL and the Internet by the User, as well as with respect to any loss (direct, indirect, consequential or otherwise), costs, actions, lawsuits, claims, damages, expenses (including court charges), injuries or other liabilities, suffered in any way or caused directly by OMV Marketing SRL as a result of the User’s violation or disregard of these Terms and Conditions.

  4. Deactivation and termination of the Car Home Program Subscription

    1. The Subscriber can terminate its Car Home Program Subscription, free of charge, at any time, using the Application, in the "Delete account" section to deactivate the Car Home Program registration. Car Home Program subscription and virtual card will be cancelled (including the impossibility of redeeming coupons or other benefits related to the virtual card) automatically from the date of de-registration

    2. The Promoter may also disable the Subscriber's Account in the following cases (but not limited to):

      1. the subscriber has not logged into his Account for more than twenty-four (24) months;

      2. the information entered by the Subscriber during the registration process is intentionally or obviously incorrect;

      3. the subscriber violates its obligations specified in the General Terms and Conditions; or

      4. in the event of identification of fraud attempts.

  5. Technical requirements

    1. The Application can be downloaded on iOS and Android devices with Internet access, especially mobile phones.

    2. The application is intended for iOS 13.0 or higher devices and access to the Apple App Store Romania and for Android 9 or higher devices and access to Google Play Store Romania

    3. Access to certain software versions. For certain types of devices, 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 Car Home Application. However, OMV strives to provide software versions for most types of mobile phones. Given the continuous evolution of devices on the market, OMV cannot present a list of current devices that can run the Application.

    4. The specific requirements for a device to run the Application are as follows:

      1. sufficient battery level,

      2. internet access,

      3. an active e-mail account

      4. sufficient space for downloading the application

    5. Installation and use of the Car Home Application requires fixed data communications from the User's device. The amount and frequency of data communications depends on how and for how long you use the Application. The cost for data communications is borne by the User and depends on the contract between the User and the Internet Service Provider.

    6. The Service Provider may post and provide updates to the Car Home App. The Car Home app must be constantly updated to run properly. The Service Provider does not guarantee that the Car Home Application will run properly unless the User downloads and installs on his/her own device the updates made available by the Service Provider.

    7. OMV Marketing SRL cannot be held responsible for technical difficulties that may arise depending on the mobile device on which the Application is run and the capabilities of this device

    8. Access to certain resources of the User's device, such as photos / multimedia, device identification code, connection information, geo-location or contacts, may be necessary to use certain features of the Car Home App. If access to these sources is denied, this may limit the functionality of the Car Home App.

    9. For the Car Home App to run properly on a device, that device:

      1. must not contain changes to the operating system, especially those that cancel the security protection of the device manufacturer or the operating system (jailbreaking and rooting);

      2. must be able to provide an Internet connection.

  6. Location

    1. When the Car Home Application is first launched, the User is asked to choose to grant or refuse consent to the processing of their location data. If consent is given, it can be revoked and regranted from the device's operating system settings. Thus, the Car Home Application can use the geo-location function to customize the content according to the User's location. OMV does not store personal data during use. When personal data is processed, for example when using the "save favourites" feature, this data is only saved on the User's device.

    2. If consent is granted, the User's current location may be processed using the Maps feature.

    3. Although giving consent to the processing of location data is not a mandatory condition for subscribing to the Car Home Program or using the Application, the features of the Application that use the geo-location system will be limited.

  7. Car Home App Security

    1. Access to the User's data in the Car Home Application is protected with a username and password. The password must meet the security requirements stated in the registration form, in particular those related to the number and type of characters. The access password must be protected, and cannot be communicated to other people.

    2. The User may not allow third parties to use its account. If the User does not comply with this obligation, he/she will be liable for all damages borne by OMV or third parties in connection with the use of his/her account in the Car Home Application by third parties.

    3. OMV recommends that the User uninstall the Car Home Application from the device immediately after deciding that he/she will no longer use the device and that he/she is going to give it to third parties.

    4. OMV declares that it will make every effort to ensure a high level of technical security for the Application and the User's data. However, OMV states that the Car Home App may prove vulnerable to certain future threats given the particularities of information technology. For thisreason, OMV recommends updating the Car Home Application and declares that it may occasionally issue instruction reports with security rules for using the Application.

    5. The user is responsible for the data and information they provide and guarantees that the same is real, correct and up-to-date and, last but not least, that he/she the right to provide them, especially with regard to third-party data. With regard to these data, the user acts as a Controller, all the obligations provided by art. 24 of Reg. EU 679/2016 being applicable

    6. The user agrees to provide data, documents and information voluntarily when using the Car Home Application. Since the User fills in all the data related to the mandatory RCA insurance and selects the insurance company to which it will be sent and which will process this data according to its privacy policy, the User is responsible for the data that he/she provides within the Application or through the Application, for any damage caused to OMV Marketing SRL, as well as to any third party that could suffer damages due to the data provision.

    7. The user acknowledges OMV Marketing SRL’s intermediary capacity regarding certain services offered through the application. At the same time, the user is informed and agrees that he/she is fully responsible for the contractual relationship with insurance companies, other product suppliers and service providers. Last but not least, the User acknowledges that OMV Marketing SRL is not responsible and has no control over the manner in which they process personal data transmitted through the platform, observe the confidentiality of data, documents and information received and the security measures they take.

  8. Connection to Third Parties

    1. The Service can be used by the User to find out different information displayed by OMV PETROM MARKETING S.R.L in the Application, to connect with websites anywhere in the world, and the User undertakes to comply with the policies of use valid on said websites. The user accepts that OMV PETROM MARKETING S.R.L. does not control these websites, is not responsible and assumes no obligation regarding other websites, any link from other websites or their content.

    2. Any inclusion of links to other websites or networks is made only to assist the User and does not mean OMV PETROM MARKETING S.R.L. supports the material available on or through those websites or networks nor any association with their operators. The user accesses those websites and uses their products and services exclusively at his/her own risk. Accessing these websites is done according to the terms and conditions of each website. OMV PETROM MARKETING S.R.L. has no responsibility regarding the content of these websites.

    3. OMV PETROM MARKETING S.R.L. does not guarantee that the services or content provided by third-party sources are acceptable and available in any part of Romania. If the User accesses other content or services from third-party websites, OMV PETROM MARKETING S.R.L. is not responsible for the client's compliance with local laws or other normative acts in force in those countries

    4. OMV PETROM MARKETING S.R.L. does not undertake responsibility, in any situation, for any damage caused directly or indirectly nor for any loss of direct or indirect profit, borne as a result of the use or interruption of the use of the services offered by the Car Home Application.

  9. Processing of personal data

    1. Subscribers' personal data are protected in accordance with Regulation (EU) 2016/679 of the European Parliament and of the European Council of April 27th 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) ("GDPR”).

    2. The subscriber agrees that its subscription to the Car Home Program means that OMV Petrom Marketing S.R.L having its registered office in 22 Coralilor Street, INFINITY building, 1st floor, Oval B, district 1, registered at the Trade Registry Office attached to the Bucharest County Court under no. J40/10637/1998, tax registration code 11201891, tax attribute RO, holds the position of Personal Data Controller and thus can process the personal data of the Subscriber – first name, last name, postal / correspondence address, e-mail address and other data communicated or provided voluntarily to the Promoter, such as date of birth, gender, telephone number, geographic location and / or photo – for the purpose of the Subscription to the Car Home Program, for the period of time necessary to fulfil the purposes mentioned below.

    3. In order to speed up the registration process, the Subscriber can choose to have its registration data automatically retrieved from his/her Facebook, Google or Apple active account. In this case, the Subscriber's personal data will be transferred and will be subject to Facebook Inc.'s privacy policy. (see https://www.facebook.com/legal/terms/dataprocessing ), the privacy policy of Google LLC (see https://policies.google.com/privacy?hl=cs#intro ) or the privacy policy of AppleInc (see https://www.apple.com/legal/privacy/data/en/apple-id/ )

    4. Personal data are processed for the following purposes:

      1. subscription, by the Subscriber, to the Car Home Program;

      2. facilitating the search function of Car Home Fuel Stations;

      3. assigning purchases to the Subscriber's Account;

      4. keeping a history of purchases attributed to the Subscriber;

      5. .offering discounts and sending information on special offers to Subscribers.

    5. In order to provide all the services offered by the Car Home app, we shall process the personal data presented above based on the following legal processing grounds :

      1. .The Subscriber's consent regarding the processing of personal data, for example: for the purpose of sending personalized commercial communications or the processing of geographic location data [the consent of the data subject in the sense of Article 6(1)(a) of the GDPR];

      2. Performance of a contract to which you are a party, represented by the installation and use of the Car Home application by accepting its General Terms and Conditions of Use, deemed accepted as a result of its installation and use by you [performance of the contract within the meaning of Article 6( 1)(b) of the GDPR];

      3. Compliance with the obligations required by the applicable legislation, such as e.g. fiscal or accounting legislation, [fulfilment of a legal obligation incumbent on the data controller within the meaning of Article 6(1)(c) of the GDPR];

      4. The legitimate interest of the Promoter in connection with the creation and implementation of the Application and for the defence of its rights and interests, such as e.g. protection against complaints, legitimate interests within the meaning of Article 6(1)(f) GDPR].

    6. The purpose of consent to the processing of personal data includes, but is not limited to, consent related to the receipt of electronic advertising materials by e-mail and/or SMS. The subscriber has the right to revoke, at any time, the previously granted consent or to refuse to receive advertising materials in electronic format at any time. The Subscriber confirms that the Promoter, regardless of granting of consent concerning the receipt of marketing materials, may send promotional materials by post to the postal / correspondence address that was filled in / communicated.

    7. The Subscriber agrees that, at the time of subscribing to the OMV Program through the Application, or at any time thereafter, he/she may grant the Promoter consent to the processing of personal data for the purpose of personalized marketing activities (personalized offers and customised marketing communications for a Subscriber based on the analysis of the Subscriber's purchase history), which will allow the Promoter to better analyse the specific preferences of the Subscriber and offer more relevant products or services. At the same time, the Subscriber understands that after voluntarily activating the geographic location feature of his/her device and after granting the Promoter specific consent for processing this type of personal data (geo-location), it will allow the Promoter to corroborate the Subscriber's geographic location data with its specific preferences to transmit personalized offers available in certain gas stations located in the geographical areas where the Subscriber is located

    8. These consents can be revoked / withdrawn at any time through the Car Home Application.

    9. Refusal to give this consent at the time of subscription or its subsequent revocation will not affect participation in the Car Home Program.

    10. The Subscriber understands that although it voluntarily communicates the personal data, they must be registered in the Car Home Program and processed in accordance with the purposes and rules mentioned in this document.

    11. The Subscriber must ensure the correctness and accuracy of the personal data mentioned in the Application and notify the Promoter of all changes to this data, such as using the Application to change this data in the Account. The subscriber can delete all non-mandatory personal data, such as date of birth, phone number, etc. from his/her Account at any time.

    12. The Subscriber's personal data is stored during his/her subscription to the Car Home Program. After this period, personal data can only be processed if this is required by legal regulations or permitted by the legitimate interests of the Promoter, for a maximum of five years.

    13. The recipients of the personal data are the operators of the OMV Fuel Stations and the service providers of the Promoter, such as e.g. the provider of the Application, the marketing agencies that support the Promoter in running this Program, the provider of the benefits, etc. The current list of recipients and authorized persons can be obtained from the Promoter upon request.

    14. The Promoter guarantees that the Subscribers whose personal data are processed by the. Promoter can exercise their statutory rights permitted by the GDPR, as follows:

      1. The right to access the processed personal data: you have the right to obtain a confirmation that your personal data is being processed or not, and, if so, you have access to the personal data and the conditions of their processing, by formulating a request to this effect to the controller;

      2. The right to request the rectification or deletion of personal data: by sending an application in this regard to the controller, you can request the rectification of personal data that are inaccurate, the addition of personal data in the situation where they are incomplete or deletion of your personal data in situations where:

      3. the personal data are no longer necessary for their original purpose (and there is no new legal purpose for the processing),

      4. the legal basis for the processing is the consent of the data subject, and the data subject withdraws their consent, and there is no other legal grounds for the processing,

      5. the data subject exercises his/her right to object and the controller has no reasons in favour of continuing the processing that prevails,

      6. personal data have been processed illegally,

      7. deletion is required to comply with EU or Romanian legislation, or

      8. personal data were collected in connection with the provision of information society services offered to children (if applicable), for which consent is governed by special rules;

      9. The right to request the restriction of processing: you have the right to obtain the restriction of processing in situations where:

        1. you consider that inaccurate personal data is being processed, for a period that allows the controller to verify the accuracy of your personal data;

        2. the processing is illegal, but you do not want the deletion of your personal data, requesting only the restriction of their use;

        3. in the situation where the controller no longer needs your personal data to process them for the purposes mentioned above, but you request the data for establishing, exercising or defending a right in court

        4. you objected the processing, for the time frame required to verify if the legal grounds of the controller take precedence over the rights of the data subject;

      10. The right to withdraw your consent for processing, when the processing is based on your consent, without affecting the legality of the processing carried out up to the time of withdrawal of consent;

      11. The right to object to the processing of personal data for reasons related to your particular situation, when the processing is based on a legitimate interest and to object at any time to the processing of personal data for direct marketing purposes, including creating profiles;

      12. The right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning the data subject or similarly affects him/her to a significant extent;

      13. The right to data portability, namely the right to receive your personal data that you have provided to the controller in a structured, commonly used and machinereadable format and the right to transmit this data to another controller, in the situation where the processing is based on your consent or the performance of a contract and is carried out by automatic means;

      14. Strictly in connection with the exercise of rights related to the processing of personal data as well as with regard to any other aspects related to data protection, the participants can apply through a written, dated and signed request to the address - Bucharest, 22 Coralilor Street, Infinity Building, 1st floor, Oval B, district 1 or by sending it to the e-mail address: privacy@petrom.com to the attention of the Data Protection Officer.

      15. The right to file a complaint with the National Personal Data Processing Supervision Authority (ANSPDCP) and the right to address the competent courts.

    15. As the data subject, the Subscriber can exercise the aforementioned rights towards the Promoter by filling in the form available at https://www.omvpetrom.com/en/about-us/corporate- Internal governance-aboutus/data-protection https://www.petrom.ro/ro-ro/nota-de-informare or by contacting the OMV Petrom Marketing SRL data protection responsible person at the e-mail address: privacy@petrom.com or to the Promoter’s postal address presented in the recitals of this document

    16. The promoter protects the personal data against disclosure to unauthorized persons, other types of disclosure, loss or unauthorized modification, by adopting relevant technical and organizational measures.

    17. If the User expresses its consent to the processing of data related to the location of its device, the function of locating the nearest gas station will be activated, not only according to the distance, but also according to the services and goods offered by that gas station. In this case, to ensure the best results, the GPS feature must be activated on the User's device. This information is used exclusively to locate the nearest fuel station, and is stored and retained exclusively on the User's device.

    18. The user can use the feature of saving / storing other loyalty cards of other promoters / retailers – saving / loading a specific EAN code. OMV does not record transaction information or other information related to the loyalty programs of other promoters / retailers. The processed information (EAN code) is used exclusively for the use of a loyalty card at a particular provider, and is stored and memorized exclusively on the User's device.

    19. Detailed information on the processing of personal data for customers of OMV Fuel Stations is presented in the General Policy on the processing of personal data (Privacy Policy), available at https://www.omv.ro/ro-ro/omv-in-romania/information-note

  10. User Deactivation and Car Home Application Termination

    1. Based on reasonable grounds (such as a reasonable suspicion of a User's violation of the Terms of Use) affecting the use of the Application, OMV may disable the User. Deactivating the User also leads to the deactivation of the User's account, and the User will no longer be able to use the Car Home Program and certain features of the Application

    2. Deactivation of the Car Home Application, together with the relevant justification, will be communicated by OMV to the User by e-mail. The application will be disabled for the period of time necessary to clarify the situation

    3. After clarifying the situation, OMV will analyse the conclusions of the investigation and:

      1. will allow the User to restore his/her account;

      2. will prohibit the User from using the Car Home Application in the cases mentioned in section 10.6 and will communicate the reason by e-mail.

    4. The Application is used on a voluntary basis and the User may uninstall the Car Home Application from their device at any time without justification. Revocation of consent to the Terms of Use or the Terms of the Car Home Loyalty Program will result in the cancellation of the Application

    5. For additional information related to the termination of the subscription to the Car Home Program, see the Conditions for the Car Home Loyalty Program, available in the Application and on the website www.omv.ro.

    6. The Service Provider may immediately prohibit a User's access to the Car Home Application if the User severely or repeatedly violates the Terms of Use (after prior notification by the Service Provider), in particular through illegal involvement in the operation of the Application.

    7. If the User is prohibited, based on section 9.5, from using the Car Home Application, this fact together with the reasons will be notified to the User by email.

  11. Intellectual property

    1. By consenting to the Terms of Use, the User agrees that all copyright, trademark rights, registered or unregistered, or other intellectual property related to the Application that are not reserved for another person under other regulations or licenses, belong to the Service Provider and are subject to the relevant legal regulations.

    2. The appropriation of these intellectual property rights or the use of the services and features of the Applications for purposes other than those expressly provided in the Terms of Use or the Terms for the Car Home Test Program are prohibited. The User is solely responsible and will be liable for all damages caused to the Service Provider by using the name or trademarks associated with the Application or other intellectual property rights of the Service Provider without the consent of the Service Provider or in violation of the Terms of Use.

    3. The content provided through the Car Home solution, the structure, design, logo and emblems contained therein are owned by the Controller and are subject to copyright and other intellectual property rights in accordance with Romanian legislation. The content of the i- Internal Assurance solution includes, but is not limited to, all source codes, databases, functionality measures, software, design, audio files, video, text, photos and graphics.

    4. The content of the Application is provided "AS IS" for the user's information and personal use only and may not be used, copied, reproduced, republished, uploaded, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited in any other purposes, without the prior written consent of the owner. The systematic retrieval of data or other content from the i-Assurance solution to create or compile, directly or indirectly, a collection, compilation, database or directory, without prior written permission from the Controller is prohibited.

    5. The Controller does not transfer its ownership rights to the Car Home application. The controller retains all related intellectual property rights. It is not permitted to redistribute, sell, decompile, reverse engineer, disassemble, or in any other way bring the Application to a human perceptible form

    6. Nothing in this Agreement shall be construed as granting, by implication or otherwise, any license or right to any patent or any trademark signed by OMV Petrom Marketing S.R.L. It is prohibited for the User to modify, copy, publish, reproduce, sell or trade in any way this solution or any information associated with it.

  12. General and final provisions

    1. The Service Provider reserves the right to update and modify the Terms of Use at any time. These changes will be notified in advance to the Users through the Application.

    2. The new or updated Terms of Use will enter into force on the date specified in the notification, but in any case not earlier than 14 (fourteen) days from the date of notification; technical or informational changes and changes that do not affect the status of Users can be implemented in a shorter interval

    3. If the User does not agree to the new Terms of Use, he/she can uninstall the Car Home App from their device.

    4. These Conditions are available in the Application and on the website www.omv.ro for the entire duration of the Car Home Loyalty Program.

    5. Complaints related to the Car Home Application must be sent by post to the Service Provider's mailing address or sent electronically to the e-mail address: linia.albastra@petrom.com For each complaint, a response will be sent within 14 (fourteen) days regarding its reasoned acceptance or rejection, by registered letter or e-mail to the User's address mentioned in the complaint

    6. Cases that are not regulated by the Terms of Use are governed by Romanian legislation, in particular by the Civil Code and OG 21/1992 on consumer protection, with subsequent amendments.

    7. The Service Provider and the User will try to resolve amicably all disputes arising in connection with the use of the Car Home Application.

    8. In the event of a dispute between the Service Provider and the User as a consumer, which is not resolved amicably within thirty (30) days, the Subscriber, as a consumer, may submit a request for resolution to the competent court.

    9. The promoter will not be responsible for the availability and operation of Internet services, nor for technical problems encountered in the transmission of data via the Internet or in the transmission of data using other electronic devices. The Promoter is not responsible for the transmission of verification e-mails nor for technical problems that may be associated with these e-mails. If the Subscriber does not receive a verification e-mail message, he/she must:

      1. verify that it is registered with a correct e-mail address;

      2. check the SPAM folder in his/her e-mail account;

      3. request the re-transmission of the verification e-mail message;

      4. contact the Promoter using the contact details in section 12.4 of the Conditions

  13. The user agrees to adhere to the Car Home Terms and Conditions

    1. The user confirms that he/she has read and accepted these Terms and Conditions. The use of the Application by the User implies the unconditional acceptance of these Terms and Conditions.

    2. If you do not agree with these Terms and Conditions, please delete this Application.