1. GENERAL PROVISIONS

1.1 The electric vehicle charger portal displayed in the Enefit Charger portal application (hereinafter the 'application') can be used by customers of Eesti Energia AS, Enefit OÜ, SIA 'Enefit' and Enefit UAB (each individually and all together 'Enefit group') who have purchased or rented an Enefit charging equipment (hereinafter the 'application user' or 'user').

1.2 The application (including the related intellectual property) belongs to Enefit group.

1.3 The application allows the user to add user rights to individuals, set charging prices (either based on a fixed price or the Nord Pool Spot exchange price), and track the charging history.

1.4 The application works over an internet connection, a mobile data connection or Wi-Fi. When using a mobile data connection, rates and fees may apply in accordance with the agreement concluded between the application user and their mobile operator. The fee for the application user's data connection is specified in the agreement concluded between the application user and their mobile operator.

1.5 In order to use the application, the user must agree to the Terms of the application outlined here.

1.6 By using the application, the user confirms that they have read and agreed to the Terms of the application and that they undertake to comply with them.

1.7 Enefit group has the right to unilaterally change the application or the Terms governing its use at any time. Among other things, Enefit group has the right to impose a fee for the use of the application. If a fee is imposed, the user will be notified and asked for consent to continue using the application.

2. PERSONAL DATA

2.1 Enefit OÜ (where applicable, its subsidiaries from which the user has purchased or rented the charger (SIA 'Enefit' – relevant service provider in Latvia, Enefit UAB – relevant service provider in Lithuania)) processes the application user's data to the extent necessary to ensure the use of this application, to comply with obligations laid down in regulatory enactments, and to safeguard the legitimate interests.

2.2 The processing of personal data in the application is carried out in accordance with the Principles of Enefit group Customer Data Processing, which is available on the website of Enefit group. Principles of Customer Data Processing are governed by the laws of the country in which the charging equipment used by the User through the Application is located. Depending on the location of the chargers, different Principles of Customer Data Processing apply:

• Estonian version: Enefit OÜ kliendiandmete töötlemise põhimõtted - Enefit;
• Latvian version: Klientu datu lietošanas nosacījumi - Enefit
• Lithuanian version: Klientų duomenų tvarkymo principai - Enefit

2.3 Data obtained through the application are not transferred to third parties, except to data processors who process such data on behalf of the controller and in accordance with the data processing agreement concluded between the controller and the processor, as well as the requirements of applicable regulatory enactments.

2.4 In general, personal data is stored within the EEA. However, where personal data originating from the EEA is transferred to a country outside the EEA, such transfers shall take place only in compliance with Chapter V of the GDPR and shall be made, as applicable:

• (a) to a country that has been recognized by the European Commission as ensuring an adequate level of data protection pursuant to Article 45 of the GDPR; or
• (b) subject to appropriate safeguards pursuant to Article 46 of the GDPR, i.e. the Standard Contractual Clauses for the transfer of personal data to third countries, as adopted by the European Commission pursuant to Commission Implementing Decision (EU) 2021/914, together with any necessary supplementary measures.

3. TERMS OF USE

3.1 To enable using the application, an e-mail with account activation information will be sent to the user's e-mail address.

3.2 When logging in for the first time, the user account can be activated via the link sent to the user's email address and by authenticating (e.g. with Smart-ID). In the application, the user can add persons with user rights (hereinafter the 'admin') who have all the user rights listed in this section and the same rights as the application user (e.g. setting a price plan, granting access to charging). The application user or admin also has the right to add persons with user rights who only have some of the rights listed in this section (e.g. persons who only see information related to their own charging operations). The application user is responsible for informing the admin(s) and other persons with user rights about the transfer of their personal data and about the processing of data carried out within the framework of the specific process, by referring to the Principles of Customer Data Processing available on the website of the relevant service provider from the Enefit group (please see the relevant website link in Section 2.2.) and by inviting them to acquaint themselves with these principles.

3.3 The application user can specify which persons are granted access to charging via chargers (hereinafter the 'users of charging'). Users of charging are granted access to charging, either with an RFID card or through the application. The application user can add vehicles to the application to track the charging volume of specific vehicles or the charging cost per vehicle. The application user decides which persons or vehicles get access to charging. The application user (and/or the admin) is responsible for informing the users of charging about the transfer of their personal data and about the processing of personal data carried out within the framework of the specific process, by referring to the Principles of Customer Data Processing available on the website of the relevant service provider from the Enefit group (please see the relevant website link in Section 2.2.) and by inviting them to acquaint themselves with these principles.

3.4 The application user can create a price plan for the users of charging and set a charging price per kilowatt-hour (kWh). In addition, the application user can add a margin (as a fixed percentage) that will be added to the kWh price, forming the total kWh price for the user of charging.

3.5 The application does not handle billing or payments between the application user and users of charging. Price information is used only for internal reporting by the application user. The user can use the information provided in the application for their internal billing or to obtain an overview of costs per user of charging or vehicle.

3.6 Relevant service provider from the Enefit group has access to the vehicles, chargers, RFID card data, consumption data and price plan information entered by the user to ensure the functioning of the service.

4. LIABILITY

4.1 Enefit group will make reasonable efforts to ensure the functioning of the application and the service. Enefit group does not guarantee that the application is 100% available and operational. The application may experience disruptions and interruptions due to technical problems, maintenance work, or updates related to the application.

4.2 Enefit group is not responsible for any loss of income or non-material damage arising from the use of the application, unless such damage has been caused by the gross negligence or wilful misconduct of Eesti Energia AS.

4.3 Enefit group is not responsible for the content of third-party applications and websites that is made available to the user by accessing links or references included in the application.

4.4 The application user ensures that their data entered into the application is accurate and up-to-date.

4.5 The application user ensures that the user's devices and connections through which the application is used are secure.

4.6 The application user undertakes to keep their account ID and password and the RFID cards secure.

4.7 In the event that third parties gain access to the application through the user's account, the user is liable for the actions of such persons.

5. INTELLECTUAL PROPERTY

5.1 The intellectual property of the application belongs to Enefit group. For the duration of the application's use, Enefit group guarantees the user a non-exclusive licence for the intended use of the application.

5.2 The user undertakes not to modify, adjust, supplement, disassemble or reverse engineer the application.

6. FINAL PROVISIONS

6.1 Terms of Use are governed by the laws of the country in which the Charging equipment used by the User through the Application is located (Estonia, Latvia or Lithuania).

6.2 Any disputes arising from the interpretation or performance of these Terms of Use shall be resolved primarily through negotiations. If the parties are unable to reach an agreement through negotiations, the dispute shall be resolved by the competent court of the country whose laws apply to these Terms of Use pursuant to Section 6.1.