GENERAL CONDITIONS FOR GRANTING AND USING THE HUBZERONET PRIVATIZATION CARD
1. OBJECT
These General Conditions regulate, together with the Conditions contained in this membership application, the granting and use of the HUBZERONET privation payment card hereinafter referred to as the “Card”, owned by HubZeroNet Srl, a company with the registered office in via Alfredo Tornaghi, 59 Cassano D’Adda 20062.
2. CARD REQUEST
The Card must be requested by sending this form to HubZeroNet Srl
duly completed and signed by the Applicant. The Applicant guarantees, under his responsibility, that the information provided to HubZeroNet Srl is true and accurate, also undertaking to communicate to HubZeroNet Srl any change that the data provided may undergo after the issue of the Card. By signing this form, the Applicant authorizes HubZeroNet Srl to collect from its Bank or other sources the information it deems appropriate to acquire. The acceptance by HubZeroNet Srl of the membership application is in case of collection via sepa, subject to the signing of the permanent debit authorization for S.D.D. collection requests on the current account held by the Applicant of the amounts due for fuels and products/services purchased with the Card. HubZeroNet Srl is not required to justify the non-granting of the Card or it is granting with a credit lower than that requested by the Company or Company to which the Card will be issued (hereinafter for brevity: “The Holder”).
3. CARD GRANT
The request for the granting of the Card has the value of a proposal that will be considered accepted by HubZeroNet Srl only at the time of any receipt of the Card by the Cardholder. After the Card has been issued, the PIN Code will be delivered to the Account Holder by e-mail (hereinafter referred to as “PIN Code”). Each Card issued by HubZeroNet Srl is associated with a PIN Code. The Data Controller acknowledges that the facilities of the HUBZERONET Card Circuit can be distinguished by the colors and brand HUBZERONET, like those of other subjects belonging to the Circuit itself The Holder is obliged to keep the Card and the relative PIN Code with the necessary care, diligence, and prudence and to take all appropriate measures to prevent illegitimate and/or fraudulent use, refraining – by way of example and not exhaustive – from communicating the PIN Code to third parties or unauthorized parties and avoiding that strangers can still become aware of this Code and/or the Card. The Card and its PIN Code must be stored separately in suitable and secure places. The PIN code must be entered personally by the Cardholder and/or the person authorized by him (driver, employee, collaborator etc.) The violation of this obligation is considered gross negligence with the consequences referred to in art. 5- Use of the Card.
4. CARD PROPERTIES
The Card remains the property of HubZeroNet Srl and at the request of the same must be immediately returned by the Cardholder.
5. CARD USE
The Card or, in the case of several Cards issued to the Cardholder, the Cards, can only be used within the limits of credit granted that HubZeroNet Srl will communicate to the Holder at the same time as sending the Card itself and which may be modified at any time by simple written communication. The Card is not authorized for other services not related to the object of the contract.
The Card is not authorized for other services not related to the object of the contract. Each Card is assigned a standard daily and monthly spending limit and can be modified by the Cardholder through the appropriate HUBZERONET Customer Web portal. The Card allows the Applicant to purchase with deferred payment and within the limits of expenditure and / or credit line granted, at the facilities authorized for the acceptance of the Card, where the appropriate equipment has been installed. It is understood that the Cards will be automatically blocked when the limits or ceilings granted are reached. Any changes to the credit line may be evaluated and adopted at any time by simple written communication. HubZeroNet srl declines any kind of responsibility in case of blocking of the cards for exceeding the spending limits granted. The Card can only be used by the Cardholder and by persons authorized by them.The Card entitles you to the supply of fuels, lubricants and any other product or service provided for by the type of Card, compatibly with the availability of the service station adhering to the HUBZERONET circuit through a specific card administration contract.
HubZeroNet srl and the personnel assigned to the stations will have no obligation to identify the holder or bearer of the Card. It is understood that:
· Any use of the Card must be contextual to the purchase of fuel and/or “Other” products/services.
· The use of the Card for the purchase of fuel can only be done by entering the PIN code associated with the Card on the appropriate electronic payment equipment. If you misenter your PIN code, you will be denied authorization to purchase.
· At the request of the Applicant, at each fuel purchase, the number of kilometers traveled by the vehicle at the time of refueling can be entered on the appropriate electronic equipment. In this case, HubZeroNet srl and the personnel assigned to the stations will have no obligation to verify the correspondence of the kilometers declared by the Cardholder or user with those actually recorded on the odometer of the same vehicle.
· HubZeroNet srl and the personnel assigned to the stations will also have no obligation to verify the correspondence of the license plate number on the Card with that of the vehicle that refuels
· For each purchase of fuel and/or “Other” products/services, a special receipt is issued showing the type of product purchased and the quantity of fuel purchased and the number of kilometers declared by the Cardholder or user.
· The Cardholder or user is required to verify the correspondence between the quantity of fuel purchased and that indicated on the receipt, whose data will constitute the elements on the basis of which the invoice referred to in Art. 7 of these General Conditions. In any case, all
obligations arising from the use of the Card will be borne directly by the Applicant.
· The PIN code must be entered personally by the Cardholder and/or its user (driver, employee, collaborator, etc.) authorized by the Cardholder under his responsibility. This PIN Code, therefore, must never be communicated to the operator and/or operator present on the system, and, also, at the time of use of the Card every precaution must be taken to prevent third parties from observing the typing of this Pin Code.
· The Applicant will have the obligation to have the Card returned at the end of its use by the third party authorized for this purpose.
· The Applicant remains responsible for any use of the Card and all obligations arising from the use of the Card will be borne directly by the Cardholder.
· In case of non-fulfillment of the obligations of this article, the Applicant will in any case be considered exclusively responsible for any use of the Card and will therefore be obliged to pay in full the invoices issued under Article 8 below.
6. CARD BLOCKING FOR SECURITY REASONS
In order to limit any prejudice in the event of the unauthorized use, the Card will be automatically blocked in the following cases:
* Incorrect pin typing three times
* Reaching daily or monthly spending limits. In such cases, the Card will be automatically blocked: until 00.01 on the following day, if the daily spending limit assigned to the Card is reached; until the end of the thirtieth following day, if the monthly spending limit assigned to the Card is reached.
The blocking of the Card or, in the case of several Cards issued to the Cardholder, the blocking of all the Cards, may also take place upon reaching the overall credit limit granted to the Cardholder. HubZeroNet srl also reserves the right to block the Card, or in the case of several Cards issued to the Cardholder, all or some of them when justified reasons related to one or more of the following elements occur: a) the security of the Charters/Cards; b) suspicion of fraudulent or unauthorized use; c) whether the use of the Card(s) could result in a significant increase in risk or that the Cardholder is deemed unable to fulfil its payment obligations.
In such cases, HubZeroNet srl will notify the Block Owner, where possible, before proceeding with the block, unless such communication is contrary to security reasons or legal or regulatory provisions. In any case, without this entailing an assumption or even an indirect increase in burdens and responsibilities borne by HubZeroNet Srl, the latter reserves the right to carry out a sample or targeted checks on the use of individual Cards at any time, reserving the right in this case without notice: a) to permanently block them if anomalous events arise related to the use of the Card or the methods and characteristics of individual transactions; (b) to communicate such events to the competent authorities for subsequent investigations. The revocation of the credit line by the Insurance, if HubZeroNet Srl makes use of it, referred to in Article 8 below constitutes in itself a justified reason for suspension of the Card referred to in letter c.
7. INVOICE PAYMENT
Periodically, according to the terms of membership, HubZeroNet Srl will send to the Applicant on the relevant tax drawer, the invoice relating to the Card / Cards containing the indication of the place, the identification number of the Card / Cards, the time of the transaction and the amount of purchases made in the reference period. For fuels, the quantity of product purchased and the price of each refueling carried out in the reference period will also be highlighted. After 30 (sixty) days from the sending of the invoice, without the Data Controller having communicated to HubZeroNet Srl any findings, the same will be considered definitively approved. Any disputes relating to the data and sums indicated in the invoice will not legitimize the Data Controller to suspend payment. The Applicant is required to pay the total amount due on the due date indicated on the invoice. In case of late payment, HubZeroNet Srl will have the right to determine the blocking of the Card at its sole discretion, reserving the right to charge the default interest on the sum due to the interest rate referred to in Article 5, paragraph 2, of Legislative Decree 231/2002 in force from time to time. In addition, HubZeroNet Srl reserves the right to charge the Customer a maximum amount of up to € 40 for each outstanding amount as expense recovery. The Data Controller acknowledges that HubZeroNet Srl is in no way responsible for the fulfillment of the obligations of the suppliers from whom it makes purchases. It therefore expressly waives to raise any objection against HubZeroNet Srl with reference to the products purchased and acknowledges that it is in no case entitled to suspend payment in favor of HubZeroNet Srl of the amounts resulting from the invoices issued by the latter. Any disputes, disputes of any kind and complaints relating to purchases may be presented by the Data Controller only and exclusively to the suppliers from whom it has made the same. By signing the Application Form, the Data Controller agrees that HubZeroNet Srl can make use of an insurance for the credits deriving from this relationship, if HubZeroNet Srl decides to use it.
8. CARD REVOCATION OR CARTD WAIVER AND WITHDRAWAL FROM THE CONTRACT
HubZeroNet SRL has the right to revoke at any time and in its sole discretion the Cards in the possession of the Customer. Likewise, the Cardholder may waive the Card at any time by notifying HubZeroNet Srl by registered letter with return receipt and/or Pec. In case of revocation or renunciation, the card must be returned immediately to HubZeroNet Srl by registered letter with return receipt. The parties have the right to withdraw from this contract at any time – with a notice of at least 30 days to be communicated by registered letter with return receipt or by e-mail at their sole discretion and no additional cost.
9. CARD VALIDITY AND CARD RENEWAL
The use of the Card puts the Customer in direct contractual relationship with HubZeroNet Srl through the service stations enabled for the HubZeroNet circuit and / or bearing the
HUBZERONET logo. The Card is valid until the date indicated on the Card itself and can be renewed at each expiry under the terms and conditions in force at the time of renewal. Upon expiry of the Card, HubZeroNet Srl will issue a new Card to the Customer. If there is a justified reason, HubZeroNet Srl reserves the right to block the validity of the Card held by the Customer at its sole discretion.
10. USE OF THE CARD AFTER THE EXPIRATION DATE, REVOCATION, OR WAIVER
The use of the Card after revocation or waiver, without prejudice to the obligations arising on the part of the Holder from such use, is illegal and is also punishable by criminal law.
11. CARD LOSS THEFT AND COUNTERFEITING
In case of Card loss, theft or counterfeiting, the Cardholder must give immediate communication:
Blocking it, connecting to the HUBZERONET portal with your USER and PASSWORD in the card section.
This communication must be confirmed within 12 hours via PEC with the complaint attached to the competent Authorities.
The Cardholder will remain responsible for all transactions that took place before the blocking of the Card on the portal, referred to in the previous paragraph. In case of willful misconduct or gross negligence in the fulfillment of its obligations of custody and use of the Card, as well as communication of any offenses even if potential, the same Holder will still be required to pay for transactions even if contested and/or disregarded. It is understood that the Customer will remain responsible for any illegitimate and abusive use of the Card, even if done by the driver and/or third parties if it appears that the transactions have been carried out by entering the secret PIN Code. In this case, the amounts relating to the transactions made will still be charged to the Customer
12. HUBZERONET SRL’S RESPONSIBILITY
HubZeroNet Srl will not be responsible for any direct or indirect damage suffered by the Customer as a result of any event related to the use of the Card. Direct or indirect damages include, but are not limited to, loss of profit and interruption of activities.
13. REIMBURSEMENT OF EXPENSES
HubZeroNet Srl reserves the right to charge the Customer the following amounts if the following requests are made:
· Request in case of damaged, lost, stolen, or demagnetized card: 5 € + VAT per reissued card
· Request for sending reports and paper documentation: 5 € + VAT
· Cost of closing report 50 euros
· Manual transaction authorization 10 € + VAT
HubZeroNet Srl also reserves the right to charge any additional costs and/or expenses upon notice to the customer under art. 15.
14. PROCESSING OF PERSONAL DATA
Your data will be processed in compliance with the provisions of the law in force, as per the information attached to these conditions under A).
15. COMMUNICATIONS
All communications contemplated in these General Conditions, or the Conditions contained in the application for membership or in any case related to the use of the Card, unless expressly provided for otherwise, must be sent:
• As for HubZeroNet Srl via PEC to: hubzeronet@pec.it
• As for the Data Controller: via PEC of the Owner and/or by e-mail communicated by the Owner to HubZeroNet Srl
16. APPLICABLE LAW, COMPLAINTS, AND OUT-OF-COURT DISPUTE RESOLUTION PROCEDURE AND JURISDICTION
This Agreement is governed by Italian law. For any dispute related to the interpretation or application of these General Conditions or the Conditions contained in the application for membership or the use of the Card, the Holder may complain with HubZeroNet Srl at the address indicated in the art. 14. HubZeroNet Srl will respond within thirty (30) days of receipt of the same. For any dispute related to the interpretation or application of these General Conditions and the Conditions contained in the application for membership or the use of the Card, the Court of Milan will have exclusive jurisdiction.
17. CHANGE OF GENERAL AND COMMERCIAL CONDITIONS
HubZeroNet Srl may modify all or part of these General and/or Commercial Conditions by communication that will be sent to the Data Controller to be delivered to the address referred to in Article 15 above, with a notice of at least 30 days concerning the date scheduled for the application of the changes. The changes will be considered accepted by the Customer unless he communicates in writing to HubZeroNet Srl, before the date scheduled for the application of the changes, that he does not intend to accept them and that he intends to withdraw from the contract.
18. STORAGE OF THE GENERAL CONDITIONS
These General Conditions are lodged at the headquarters of HubZeroNet Srl in Cassano D’Adda, Via Tornaghi, 59
19. TIME LIMIT OF THE GENERAL CONDITIONS
In case of cancellation, even after the termination of the use of the Card, the General Conditions will remain valid until full payment of the sums due about the same. The acceptance of the following Application by the Applicant entails the completion of the contract according to the terms and conditions set out above since the agreement has been reached between the parties on all the elements of the contract – main and ancillary – as formalized.
20. HUBZERONET CUSTOMER PORTAL
HubZeroNet Srl provides its customers with a web portal designed to facilitate the management of the membership contract, on the www.hubzeronet.com website or a specific webpage defined by HubZeroNet with access to the dedicated area through an identification code (USER ID) and password. The Customer must keep the authentication credentials with the utmost diligence and is responsible for any access or improper use.
21. PRICES/DISCOUNT
HubZeroNet manages the selling price of fuels based on a list price or the pump price of the point of sale at the time of purchase. The list price will be specified on the HubZeroNet Customer Portal and/or communicated by e-mail or any other means of communication established between the parties, even after the signing of the Contract. HubZeroNet transmits any discounts agreed upon by e-mail to the Account Holder
ANNEX A – INFORMATION ON THE PROCESSING OF PERSONAL DATA
Under art. 13 and 14 of the General Regulation (EU) 2016/679 on the Protection of Personal Data (hereinafter “GDPR”), the Company HubZeroNet Srl with registered office in via Alfredo Tornaghi, 59 Cassano D’Adda 20062, VAT 12026290960, e-mail info@hubzeronet.com (hereinafter the “Company”), as Data Controller, provides the applicant (hereinafter, the “Applicant” or the “Customer”) with the following information on the use of their data to issue the HubZeroNet Card can be used to refuel on the stations enabled and part of the so-called HubZeroNet Card Circuit (hereinafter, the “Card”) and the related HubZeroNet App.
1. PROCESSED PERSONAL DATA
The personal data that will be collected and processed, also with the aid of electronic and IT tools, are as follows:
· personal and contact data (e.g., name, surname, e-mail address, telephone number, residential address);
· bank and economic-patrimonial data;
· identification data of the Vehicle associated with the Card, including the ownership of the Vehicle itself normally coinciding with those of the interested party;
· data relating to the geolocation of the device on which the HubZeroNet App is used;
· data relating to the use of the Card, the day and time of refueling, the place of refueling, and the quantity and type of fuel purchased.
The Data Controller, in carrying out its activities, does not deliberately collect any data belonging to the categories of data under the GDPR (articles 9-10).
2. CATEGORIES OF LEGAL PERSON
The categories of legal subjects whose data will be processed are as follows:
•Customers
• Customer employees
•Users
3. PURPOSE OF THE DATA PROCESSING
The personal data will be processed for the following purposes:
a) , preliminary investigation purposes on the proposed use of the Card, including those aimed at acquiring pre-contractual information necessary for assessing the reliability of the applicant for the Card, as well as those, subsequent to the issuance of the Card, aimed at managing the service;
b) strictly related to the use of the Card by the applicant, in particular on the supervision and control of compliance with the obligations set out in the general conditions of use;
c) provision of the activities necessary for the provision of the services requested by the Data Subject with the activation of the App and / or through the Website, as described in the relevant document Terms and Conditions of Use, of which this Information is an integral part, as well as the creation of their account and profile, including the collection, storage and processing of data for the purpose of establishing and subsequent operational management, technical and administrative relationship (and the account and profile created by the interested party) connected to the provision of services and the execution of communications relating to the performance of services
d) Purposes strictly connected and instrumental to the management of relations with the Customer, such as the acquisition of information necessary to execute the services and operations contractually agreed as well as, more generally, the contractually envisaged activities;
e) ; develop internal studies and statistical research to improve the service offered;
f) allow the fulfillment of the obligations established by laws, regulations and community regulations, or provisions issued by authorities legitimated by law and by supervisory and control bodies;
g) prior to authorisation, purpose of analyzing the information obtained through the use of the Card and other services provided by the Data Controller for commercial or promotional purposes, i.e. (i) for the purpose of promoting the fuels supplied on the network of distribution plants enabled to use the Card that the Holder considers of interest to the Customer, or directly by the Holder, either by commercial establishments affiliated for the acceptance of the Charter or (ii) for the purpose of market research or statistical projections;
h) subject to authorisation, provision of optional services requested by the interested party with the possibility of facilitating the same in the use of the same services, also described in the Terms and Conditions of use, also
by detecting the position, through the geolocation service;
i) subject to authorisation, preparation of initiatives aimed at improving the services provided, such as, for example, the possible conduct of surveys to obtain suggestions from Customers, and the sending of communications on promotional and / or commercial initiatives, on new products and services, by sending illustrative, informative and advertising material, by ordinary mail, telephone, e-mail, SMS and other automatic communication systems.
In relation to the purposes in the processing of Customer data, the Company will take all measures it deems appropriate to guarantee its security and confidentiality pursuant to Article 32 of the GDPR.
4. Mandatory provision of personal data – a consequence in case of failure to provide personal data
The provision of data for the purposes referred to in points a), b), c), d), and e) is essential for the establishment of the contract and to execute the contractual obligations assumed by the Company towards the Customer. Therefore, in case of failure to provide the same for these purposes, no services requested by the Customer can be carried out, including the issuance of the Card. As for the purposes referred to in points g), h), i) given the optional consent for these types of processing, the non-provision of consent for these purposes will not entail any consequence, if not the impossibility of completing the activities listed.
5. Cookies
Cookies are small text files that are downloaded to the Data Subject’s device when visiting a website. At each subsequent visit, cookies are sent back to the website that originated them (first-party cookies) or to another site that recognizes them (third-party cookies). Cookies allow a website to recognize the Customer’s device. They have different purposes such as, for example, allowing you to navigate efficiently between pages, remember favorite sites, and, in general, improve the browsing experience. Depending on the function and purpose of use, cookies can be divided into technical cookies, profiling cookies, and third-party cookies. For more information on the Cookies used by the Company, please reto for the Data Subject to our warnings available by clicking this “https://hubzeronet.com/privacy-cookie-policy/” link.
6. Conditions of processing
In relation to the purpose referred to in article 2 above, the processing of the collected data will occur in such a way to guarantee the security and confidentiallity of the data and may be carried out through manual IT and telematic tools in order to record, store, organize and modify, select, exstract, compare, process, use, interconnect, block and communicate the data.
7. DURATION OF PROCESSING
The data will be processed for the time necessary for the provision of the requested services: from the preliminary phase to the conclusion of the contract, to the execution of the contractual relationship in general until the natural expiry and subsequent commercial promotion activities where authorized; without prejudice to the right of the Data Subject to revoke, at any time and without further consequences, the consent previously provided.
8. COMMUNICATION AND DISTRIBUTION OF DATA OF THIRD PARTIES
The Data Controller will communicate the personal data of the interested parties carefully to selected third parties to support the services offered and for the purposes indicated above, adequately appointed as Data Processors under Article 28 of the GDPR, including:
· Managers/points of sale and to Nexi Payments S.p.A. within the limits of what is necessary for the management of the “Tokenized Credit Cards” service of Nexi Payments S.p.A. used to make payments for supplies through the HubZeroNet App and, possibly, the other payment service providers and/or banking institutions involved in the transaction for payment and billing connected thereto, as specified in the Terms and Conditions of Use of the App
· Fortech S.r.l for the management of credit card attribution data to beneficiaries Companies that manage information systems, websites or databases, and telecommunications.
· Public Administrations, authorities, and public bodies
· Financial institutions responsible for accounting and reporting
Furthermore, the personal data of the interested parties may be communicated, in compliance with current law, to police forces and judicial authorities for the detection and prosecution of crimes, the prevention, and protection from threats to public security, to allow the Data Controller to ascertain, exercise and defend its right in court, as well as for any other purpose related to the protection of the rights and freedoms of others.
9. Rights of legal subjects (interested in data processing)
. The Customer may exercise the rights referred to in Articles 15-22 of the General Regulation (EU) 2016/679 on the protection of Personal Data, by contacting the Data Controller HubZeroNet srl, in the person of its legal representative pro tempore, srl with registered office in via Alfredo Tornaghi, 59 Cassano D’Adda 20062, VAT 12026290960, e-mail info@hubzeronet.com.
The Customer may:
· Obtain the indication of the origin of Personal Data, the purposes and methods of processing, the logic applied in case of processing carried out with the aid of electronic instruments, the identification details of the data controller and data processors, subjects, or categories of subjects, to whom the Personal Data may be communicated or who can learn about them as data processors or persons in charge of the treatment;
· Obtain access, updating, rectification or integration of Personal Data, portability, cancellation, transformation into
anonymous form or blocking of data processed in violation of the law, the attestation that the operations indicated above have been brought to the attention, also as regards their content, of those to whom the Personal Data have been communicated or disseminated;
· Object, in whole or in part, to the processing of data for legitimate reasons, even if the data are relevant to the purpose of collection; to the processing of data for the purpose of sending advertising material, direct sales, for carrying out market research or commercial communication.
In any case, the Customer remains free, at any time, to revoke consent by sending an informal notice to that effect to the Company, to the e-mail address info@hubzeronet.com above.
10. CLAIM
If it is considered that the processing of personal data has been carried out unlawfully, the legal subject may lodge a complaint with the Guarantor for the protection of personal data.
More information on how to submit complaints is available on the website of the Privacy Guarantor, at the following address: www.garanteprivacy.it
Last updated: March
