These terms and conditions of use of the mobile application govern access to and use of the ALBA ENERGY mobile application (hereinafter referred to as the “Application”).
- Definition of terms
Terms in these Terms, whether used in the singular or plural, have the following meanings:
- “Application” means the ALBA ENERGY mobile application available for download from the Apple Store and Google Play Store on devices running iOS or Android operating systems. This electronic service combines the ability to receive and transmit information related to the relationship between the Application User and the business entity – ALBA ENERGY LLC, which is a supplier of electricity and energy efficient solutions – hereinafter referred to as the “Service Provider” or the “Company”).
- “Terms” means these Terms and Conditions of Use applicable to the Application, as well as the privacy and security policies.
- “Services” means the various features and services offered by the Application.
- “User” means any person who uses the Application and the Services.
- “Application Administration” (hereinafter referred to as the Application Administration or the Personal Data Owner)” means authorized employees to manage the Application acting on behalf of ALBA ENERGY LLC, who organize the processing of personal data, as well as determine the purposes of processing personal data, the composition of personal data to be processed, actions or operations performed with personal data.
- “Personal data” means any information relating directly or indirectly to a specific personal data subject – the User.
- “Processing of personal data” means any action (operation) or set of actions (operations) performed with the use of automation tools or without the use of such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
- “Confidentiality of personal data” means a requirement for the Administration or other persons who have access to personal data to comply with the requirement not to allow their dissemination without the consent of the personal data subject or other legal basis.
- Authorization and work in the application
2.1. To use the features of the Application, the User must be authorized in the Application. When authorizing in the Application, the User agrees to these Terms and Conditions.
2.2. By logging in, the User agrees to provide accurate and truthful information about himself/herself.
2.3. For authorization, the User is provided with a login and password to enter his/her personal account.
2.4. The User is solely responsible for the security of his/her login and password, as well as for all actions performed under his/her account in the Application.
2.5. In case the Application Administration suspects the User of committing illegal actions, including the use of malware, other actions that violate these Terms, the Application Administration has the right to apply to the relevant state authorities and/or block and/or delete the User’s account.
2.6. By agreeing to the terms of use of the services and the mobile application, the User confirms that he/she is aware of the processing of his/her personal data (collection, accumulation, processing, storage, use and dissemination) in accordance with the requirements of the Law of Ukraine “On Personal Data Protection” and agrees to their transfer to third parties.
2.7. By agreeing to the terms of use of the services and the mobile application, the User grants the Operator the right to send him/her messages containing information about the service, services presented in the mobile application, promotions, or advertising information.
3. User rights and obligations
3.1. The User undertakes to properly comply with the terms of these Terms and Conditions.
3.2. The User has the right to use the Application solely for personal use.
3.3 The User undertakes not to use the Application in violation of the rights and legitimate interests of the Application Administration, other rights holders, third parties, and these Terms and Conditions.
3.4. The User undertakes to take appropriate measures to ensure the safety of his/her mobile device and is personally responsible in case of access to his/her mobile device by third parties.
3.5. The User is prohibited from decompiling the Application independently or with the involvement of third parties, as well as reverse engineering the Application.
3.6. The User is solely responsible for using the Application in any way not expressly permitted by these Terms and Conditions.
3.7. The User shall not perform any unauthorized actions with the Application.
3.8. Before installing the Application in their mobile device, the User is obliged to read all information about it. Installing the Application in a mobile device confirms that the User has fulfilled the obligation specified in this clause. In case of disagreement with the terms of these Terms and Conditions, the use of the Application by the User shall be immediately terminated.
3.9. The User is given the opportunity to download and use the full functionality free of charge.
3.10. The User agrees to the Application Administration to process his personal data, other data provided by the User by his actions, by posting them in the Application. In this case, the purpose of processing personal data is, but not limited to:
➢ ensuring the functionality of the Application services,
➢ facilitating the fulfillment of contractual obligations of ALBA ENERGY LLC and the User,
➢ facilitating compliance with legal requirements,
➢ transferring/disclosing them to third parties, if necessary.
4. Rights and obligations of the Application Administration
4.1 The Administration of the Application has the right to send the User information in any way, including sending advertising, informational and other messages to the e-mail address or phone number specified by the User, or posting relevant information in the Application.
4.2 The Application Administration has the right to block the User’s access to the Application services or part of the services in case of detection of violations of these Terms and Conditions by the User.
4.3. The Administration of the Application has the right to process the User’s personal data, as well as other data provided by the User, in order to achieve the purposes of the Application.
4.4. The Application Administration has the right to restrict, suspend or terminate the use of the Application by the User without prior notice in case of a relevant decision of a state or other authorized body, or in other cases provided for by the current legislation of Ukraine and International rules/laws.
4.5. The Administration of the Application may periodically make changes to these Terms and Conditions, which shall enter into force upon their publication on the relevant page of the Application.
The User shall read the Terms and Conditions before using the Application. This means that by using the Application, the User accepts and agrees to the content set forth in the Terms and Conditions. If for any reason the User does not agree with the content of these Terms and Conditions, such User must immediately stop using the Application and receiving the service.
4.6. The Application Administration guarantees and declares that the safety and security of personal data provided by the User and Confidential Information is a priority for it, which is ensured by physical, electronic and procedural means of protection, in accordance with the requirements established by the legislation of Ukraine. These means and requirements are used to prevent unauthorized access or disclosure of information about the Users, to ensure the safety and security of the information exchanged by the Company with the Users in this Application.
5. Information processed and recorded by the Application
The Application may collect the following information about the User:
5.1. Personal data is:
➢ Name, surname and patronymic
➢ e-mail address
➢ Phone
➢ Name of the Company
➢ Position
➢ Service of interest to the user
➢ IP address
5.2. Confidential Information is:
➢ information about an individual, his/her personal data, payment data, as well as other information (including digital or statistical data) relating to a specific person (object belonging to him/her), etc., access to which will be obtained by the Application as a result of using the service, or which will be sent by the User or otherwise received by the Application in the course of using the Application, including by accident (as a result of a technical failure, error, etc.).
➢ information about the User’s identity received by the Application in the course of use (information about the User’s devices, operating system, etc.);
➢ information about the owner of the Application that is not public and could be obtained by the User in the course of using the Application.
5.3. Information authorized by the User through the Application settings
➢ Geolocation data (GPS);
➢ Display notifications;
➢ Access via the device’s camera;
➢ Auto refresh;
➢ Using an Internet connection.
5.4. Other information that can be used to ensure the operation of certain functions of the application (including for payment through the application)
➢ Launch third-party applications (email client, social networks, file viewers, etc.);
➢ Use device storage to store application files;
➢ Phone device metadata;
Other information about the User’s device, including the operating system, etc.
6. Transfer of information to third parties
6.1. Information about the User shall not be disclosed to third parties, except when the transfer of such information is necessary in connection with the performance of the agreement for the provision of services to the User, and to authorized state bodies in accordance with the current legislation of Ukraine.
6.2. In turn, when using the Application and its services, the User undertakes not to disclose in any way personal data, confidential information that has become or may become known to him/her while using the Application and its services to any other individual or legal entity, to comply with other restrictions on its use established by applicable law, to prevent the misuse of Confidential Information for his/her own benefit and/or for the benefit of other individuals and/or legal entities, and/or to the detriment of the owner
6.3. The Parties are aware that as a result of a malfunction of the Application, virus or hacker attacks, technical malfunctions and any other force majeure circumstances, the User’s personal data may become available to other persons. The User understands and agrees that he/she will not make any claims to the Application Administration in this regard.
7. Information management
7.1. The User unconditionally agrees to such statements:
7.1.1. The Administration of the Application will not sell, distribute or lease the User’s personal information to third parties, unless the nature of the Application services to which the User has agreed to use requires it, or at the request of the supervisory authority in cases provided for by the legislation of Ukraine.
7.1.2. The Administration of the Application uses the User’s personal information solely for the purpose of servicing the User on partnership terms, since the very technical nature of the services requires the use of such data.
7.2. As a User, within the framework of using the Application, the person realizes that through this service the User is provided with access to the necessary/intended information in electronic form regarding his/her relationship with ALBA ENERGY LLC, including information about:
➢ debt for services rendered (goods sold),
➢ invoices for services rendered,
➢ warnings about disconnection or termination of services,
➢ current tariffs for services;
➢ volumes of consumed and/or generated electricity, etc.
7.3. All information transmitted by the User electronically through this service to the Company, including information on meter readings, shall be considered valid and shall be taken into account when making charges to the credentials specified by the User.
7.4. Invoices for consumed services, disconnection notices received by the User through this service in electronic form are recognized by the parties as valid as their paper counterparts.
7.5. The User shall be personally responsible for changing, ensuring the safety and disclosure of his/her personal data for access to the Application or services provided through it, received through this Application or the relevant service, in case of any risks of their disclosure or transfer to third parties directly by the User.
7.6. The User of the Application agrees to the following statements:
➢ all information received through the services of this Application is reliable, and in case of any discrepancies or inaccurate data contained in the information received by the User, the User shall contact ALBA ENERGY LLC directly;
➢ this Application does not cancel or terminate the legal relations arising in the process of receiving/consuming services by the User from ALBA ENERGY LLC;
➢ The Application Administration shall not be liable for the inability to provide the User with all the information he/she needs. The User is aware of the functionality of this Application and the services that can be provided/received through it, so the User bears the risks of compliance of the capabilities of this Application with his/her desires and needs;
➢ The Application Administration shall not be liable for any damages or losses, including (but not limited to) any claims for lost profits, savings or other specific, incidental or consequential damages, including liability for the User’s obligations to third parties arising from the use or inability to use the results of the services in this Application.
These terms and conditions of use come into force from the moment they are published in the Application and are valid until they are changed or canceled.
Editorial as of March ___, 2025
