PLAINPAY TERMS AND CONDITIONS
1. Description of the Software and its Functionalities
- PlainPay is a mobile application ("app" or "software"), produced by and made available from Auriga S.p.A., through which it is possible to benefit from a broad spectrum of services via smartphone in a simple, fast and secure manner. As specifically described in the app and in these Terms and Conditions, some functionalities require the registration of the user and the communication of certain information.
- PlainPay offers the following functionalities:
- Scanning of different types of codes (QR code, bar codes, data matrix) and their storage and use based on the selected functionality;
- Electronic payments (registration required);
- Geolocation (registration required in order to activate additional functionalities);
- Access to user's home banking (registration required);
- Withdrawals at ATMs (registration required).
2. Grant of Limited User License
- Auriga S.p.A. authorises, free of charge, the user to use PlainPay only in its executable version according to the conditions, procedures and limits referred to in these Terms and Conditions, and it is hereby understood that Auriga S.p.A. is the owner of all rights on PlainPay. Auriga S.p.A. reserves the right to revoke in any moment the user license granted.
3. Restrictions to the User License
- The user may not carry out any operation on the app not explicitly provided for and authorised by Auriga S.p.A., and he/she may not use the app for any purposes other than those authorised by Auriga S.p.A. Specifically, the user may not, nor may he/she allow any third parties to
- sell, rent or let out, lease, assign on a loan-for-use basis, lend or transfer in any way whatsoever the software or the rights and obligations referred to in these Terms and Conditions;
- reverse-compile, disassemble, reverse engineer or deconstruct by means of reverse engineering the software, in its entirety or in part, and try in any way to discover or determine the source code thereof; however, any operation referred to in art. 64-ter of the Law 633/1941 (copyright law) is considered to be unauthorised;
- remove or destroy the copyright notices or any other notices of proprietary rights on the software or on any other third party software;
- modify or adapt the software, include it into another program or create any products derived therefrom;
- copy or distribute the software;
- make any alterations, changes, connections, disconnections, upgrades or adjustments of any kind whatsoever to the software, or use such software other than as provided for in the relevant documentation and in these Terms and Conditions;
- transfer the software;
- sub-license, transfer or give this User License or any other right and obligation provided for in this License, except where expressly provided for in this Agreement; any and all transfers or assignments shall be considered null and void.
4. Industrial and Intellectual Property
- The User License referred to in these Terms and Conditions does not constitute, in any way and for any reason, an assignment or sale of the property rights related to PlainPay. Auriga S.p.A. maintains all property rights on the software, including any and all industrial and intellectual property rights. The user does not acquire any rights on the executable code nor on the source code (which in any case may not be known by the user and constitutes an industrial secret of Auriga S.p.A.), and all techniques, algorithms and procedures contained in the program and in the relevant documentation are confidential information property of Auriga S.p.A., and the latter holds all rights on an exclusive basis (except as explicitly specified otherwise). The software is protected by the laws on intellectual property currently in force.
- Trademarks and distinctive marks referring to "PlainPay" and "Auriga" and included in the app are exclusive property of Auriga S.p.A., both as regards to their name and to their image. All other names of companies, products, trademarks and/or logos, if any, used are exclusive property of the relevant owners.
- All distinguishing elements of PlainPay are trademarks, registered marks, service marks and/or de facto trademarks owned by Auriga S.p.A.; thus any use, copy, imitation, alteration or modification thereof is forbidden.
5. Download of PlainPay
- PlainPay may be installed on mobile devices provided with a iOS or Android operating system, by means of a download from the relevant official market (Apple App Store or Google play), and provided that the security or protection measures available on the device itself have not been eluded, or that the firmware of such device has not been modified against the provisions of the relevant manufacturer (for instance, through the so called jailbreak of iOS devices). No other installation procedure is allowed or authorised by Auriga S.p.A.
6. Code Scanning (QR codes, bar codes, data matrix) ("Utility scanner")
- PlainPay may be used as a scanner that, by using the camera of the smartphone on which it is installed and ran, allows to "read" any QR Code, bar code and Data Matrix, thus making it possible to: view a text, make a telephone call, open an Internet address, add a vCard to the address book, open maps in case of geographical coordinates, send an email, add an event to the calendar, send SMSs.
- In addition, PlainPay automatically stores the scans previously made, allowing access to each one of them by accessing the item "Utility Scanner History". The storage of the scans is carried out both in local mode as well as on the server of PlainPay in "cloud" mode.
- The function described does not require registration by the user.
- In case of registration by the user and activation of the other services, the code scanning function may be used for the provision of such codes.
7. User Registration
- All functions other than the code scanning function, in order to be activated and used, require user registration (also defined as the creation of a user account). The registration procedure is structured in few steps, in which the user is assisted by the software according to the following procedure:
- the user enters mobile number and email address, which are verified in the following (alternative) manners:
following the verification mentioned above, the user must select a PIN code with a minimum length of five (5) digits and a maximum length of eight (8) digits;
once the registration is completed, the user will be able to view the functionalities made available in the app.
The registration does not grant any right or power to the user, except for those explicitly provided for in these Terms and Conditions.
- in case of an Italian mobile number, the number is verified by making a phone call to a toll free number, following the instructions of the app;
- in case of a foreign/non Italian number, a SMS will be received free of charge, containing an activation code to be entered into the app;
8. PIN Code
- The user may change the PIN code at any time. For security reasons, the user undertakes to choose a casual PIN which may not be linked to him.
- The user undertakes to keep the selected PIN secret; he/she shall not store it on any support and shall not share it with third parties, including the help desk of Auriga S.p.A.; Auriga S.p.A. shall never ask the user to communicate his/her PIN. The user recognises that Auriga S.p.A. will not be able to track down the selected PIN and the same may be reset only by following the procedure specified in the software
9. Association of PlainPay to Payment Instruments
- The user may link PlainPay to one or more of his/her credit card(s). This requires the entering of the data related to the credit card selected (holder, number, expiry date, CVV), which are notified to Auriga S.p.A. by means of an encrypted connection for the purpose of allowing the link and verifying the correctness of the information entered.
- After having successfully linked it, the user may use the credit card to avail him/herself of the PlainPay functions.
- The user is responsible for the correctness, legitimacy and truthfulness of the information provided and for the updating thereof during the period in which PlainPay is used.
10. Electronic Payments
- PlainPay may be used to make electronic payments through the direct use at affiliated shops. The user acknowledges that, in order to carry out such transactions, the PIN code selected by the user will have to be entered.
- For any electronic payment or mobile commerce transaction, however defined, the relevant contractual terms are defined by the relevant seller or service provider; the compliance of the products sold or of the services rendered with the regulations in force is the sole responsibility of the seller or provider, as well as the compliance with any legal requirements and the provision of all warranties provided for by law. PlainPay has no power or right as regards to transactions or other operations carried out (if any) and it is not, in any way and for whatever reason, responsible for them.
11. Withdrawal at ATM points
- PlainPay may be used to withdraw money from affiliated ATMs. The user acknowledges that, in order to carry out such transactions, the PIN code selected by the user will have to be entered.
- PlainPay may be used as a so called ìtokenî to access and authorise web services. The user acknowledges that, in order to carry out such transactions, the PIN code selected by the user will have to be entered.
13. Payment Receipts and other Documents
- PlainPay temporarily stores some types of documents related to each service offered, thus making them available to the user (such as payment receipts and lists of movements). This temporary storage is meant for purely informational purposes and is made available for a variable period of time only for userís convenience in using the app.
- These documents do not replace the information tools used for controlling the transactions completed by means of the payment instruments. The only information valid and effective for all legal purposes is that provided by the issuer of each payment instrument.
- The geolocation of the user allows to offer several services and to facilitate the interaction with the smartphone. The geolocation is realised using the functions and features of the smartphone used (such as mobile telephone network and GPS). The user acknowledges that the geolocation function may allow to identify his/her temporary location.
- Through the function described herein, PlainPay may:
- inform the user about the affiliated shops in the area where he/she is located, showing the location thereof on an interactive map;
- send to the user promotional notices from the affiliated shops based on his current location. The user may disable such notices and select the area for which he/she intends to receive them.
- The data related to the geolocation will be temporarily used only for the purpose of providing the service and will not be stored by Auriga S.p.A.
15. Deactivation of the Geolocation
- The use of the geolocation function is active as a default setting. The user may disable in any moment the receipt of promotional notices through geolocation function. Moreover, the user may deny, when prompted, the identification of his/her position when using the app.
16. Obligations of the User
- The user undertakes to use the App personally, for legitimate purposes, not to disclose the PIN selected by the user to any third party and not to store such PIN on any support.
- The user undertakes to disclose only the information of which he/she is the owner (such as mobile number, email address, credit card number) and not to use the service for the account of third parties.
- The user undertakes to provide true, accurate and complete information, and to keep them up to date for the entire period in which he/she intends to use PlainPay.
17. Loss or theft of the smartphone - block of the service
- In case of loss or theft of your smartphone, as well as in case of problems related to the payment cards that might jeopardise the security thereof, the user undertakes to immediately contact Auriga S.p.A. and request that the service be blocked. The block of service is available 24/7 at the phone number specified on the PlainPay website.
- In the cases referred to above, however, the user must immediately request to block each payment card based on the provisions of the relevant contract. The block of PlainPay or of the relevant PIN does not affect the payment instruments and does not prevent any use additional to that made within the scope of PlainPay and its relevant functionalities.
18. Suspension of Service on User's Demand
- The user may request Auriga A.p.A. to suspend the PlainPay service by contacting Auriga S.p.A. for this purpose and requesting that the service be blocked. The suspension of service is available 24/7 at the phone number specified on the PlainPay website.
- The user acknowledges that the disabling of the PIN does not block the payment instruments (such as the credit card that might have been used), nor does it prevent any use additional to that made within the scope of PlainPay and its relevant functionalities: the disabling of the PIN is effective only on PlainPay.
19. Withdrawal of the Parties and Cancellation of the Account
- Each party may withdraw from the contract without prior notice and with immediate effect.
- The user may request the cancellation of his/her account at the telephone number specified on the PlainPay website. This service is available 24 hours a day, 7 days a week. Upon cancellation of the account, any data that does not have to be kept pursuant to the provisions of the legislation currently in force will be cancelled or rendered anonymous.
20. Suspension and Termination
- Auriga S.p.A. reserves the right to suspend the provision of the services, in whole or in part, and to no longer distribute PlainPay, also without prior notice; it also reserves the right to terminate the contract in any moment.
- In any case, Auriga S.p.A. reserves the right to suspend the provision of the services, in whole or in part, for security reasons.
21. PlainPay offered on a free of payment basis - possible additional costs
- PlainPay is a cost-free software. The use of the software may require an Internet connection; as regards to the costs (if any) of such connection, the user will have to contact his/her mobile carrier.
- Additional costs may be charged by the bank or by the issuer of the payment card if the user carries out certain transactions (such as a payment); the user must always refer to the contract for the time being in place with these entities.
22. No warranty
- The software is provided on a "as is" basis and the user assumes any and all responsibilities and risks for the quality and the performance of the software. Auriga S.p.A. disclaims any other warranty, implicit or explicit, to the maximum extent allowed by the laws currently in force, including, without limitation, implicit warranties of non-infringement and suitability for a specific purpose. Auriga S.p.A. does not guarantee that the functionalities contained in the software satisfy the needs of the user, nor that they will be uninterrupted or error free, nor that the user will have continuous and uninterrupted access to PlainPay and its relevant services.
- In any case, Auriga S.p.A. does not accept any liability or responsibility for damages caused by third parties, force majeure, breakdown of the equipment and/or of the communication networks, fires, explosions, riots and civil commotions, terrorist acts, strikes, floods, earthquakes, natural disasters and/or other events that might prevent or restrict the use of PlainPay.
23. Third Party Services
- Auriga S.p.A. has no control over products and services used or paid by means of PlainPay, and it cannot give any guarantee to this regard. Specifically, for any transaction carried out through PlainPay, the contractual conditions that regulate the payment instrument used for such purpose or the bank account remain unaffected; the user acknowledges that he/she must necessarily refer to his/her bank, to the issuer of the payment card and/or to the owner of the ATM used, as the case may be.
24. Limitation of Liability
- In no event shall Auriga S.p.A. be held liable for any damages suffered by the user, who must base any complaints and objections on the contractual conditions applicable to the individual payment instruments.
25. Alterations to the Conditions and Functionalities of PlainPay
- The user accepts and acknowledges that PlainPay and the services supplied are evolving constantly and thus these Terms, the functionalities of the software and the features of the services may change in any moment without prior notice.
26. Processing of Personal Data
- Auriga S.p.A. undertakes to ensure from time to time the compliance with the regulations in force governing the protection of personal data (Legislative Decree 196/2003 "Data Protection Code").
27. Other conditions
- The user acknowledges that these Terms, and in any case the use of PlainPay, do not nullify or modify the contractual and economic conditions that regulate the use of the payment instruments and of the smartphone.
28. Contacts and Communications
- The app is realised by Auriga S.p.a., with registered office in Bari, Via Vassallo n. 1, VAT registration no. 05566820725.
- Any communications must be transmitted to Auriga S.p.A. via email to the address firstname.lastname@example.org.
29. Governing Law
- The app is intended for use on the territory of the Republic of Italy, regardless of the mobile number used. The user recognises and accepts that the Italian Laws shall be the exclusive applicable laws.
Information pursuant to art. 13 of the Legislative Decree 196/03 (Personal Data Protection Code)
Dear customer, Auriga S.p.A. wishes to inform you, pursuant to art. 13 of the Legislative Decree 196/03 (Personal Data Protection Code), that the personal data provided by you or otherwise acquired with the use of PlainPay may be subject to data processing activities in compliance with the confidentiality obligations provided for by the regulations currently in force.
1. Data Processing Purposes and Procedures
- The data will be processed for institutional purposes, connected and/or instrumental to the provision of the services related to the mobile application PlainPay and, in particular:
- in order to comply, in general, with any legal requirements;
- to carry out a service or one or more transactions contractually agreed; for these purposes the data may be disclosed to third parties that might and/or must be used by Auriga S.p.A. in the performance of the aforementioned purposes (such as for carrying out any transactions);
- to satisfy operating and internal management needs of Auriga S.p.A. related to the services and/or products offered.
The consent to the processing of the data for the purposes specified in this subparagraph is mandatory. Failure to give your consent to the processing of the relevant data will prevent the provision of the services.
- We would like to inform you that the full supply of the services made available through PlainPay, including the receipt of promotional notices, is carried out by means of the geolocation of your smartphone. You may provide or revoke your consent, which is optional, in any moment; however,the provision of certain services may be restricted or limited.
- We would like to inform you that, in case of optional consent, the data shall be processed for marketing and/or promotional purposes, including hard copy and/or digital advertising material.
- The data shall be processed in a lawful and correct manner and shall be used only for the purposes referred to in the subparagraphs above. The data shall be stored for a period of six months, except for the data that, in compliance with the provisions of the regulations currently in force, require a longer storage period; after the end of such period, the data shall be rendered anonymous and used for statistical purposes only. The data will be processed using appropriate means that ensure the security and confidentiality thereof, and such processing may be carried out using paper instruments and/or automated instruments capable of storing, managing and transmitting such data. The data will be stored for the period of time required by law.
2. Data controller and persons and categories of persons to which the personal data may be disclosed or that may become aware of them, as data processors or persons in charge of the processing, and scope of the disclosure of such data
- The data controller is Auriga S.p.A., with registered office in Bari, Via Vassallo n. 1, VAT registration no. 05566820725 R.E.A. registration no. 426675, email address email@example.com.
- The data provided by you or otherwise acquired within the context of our activities may be processed also by persons authorised to access your personal data pursuant to the provisions of law, secondary legislation or Community regulations.
- Your data shall not be disseminated.
3. Rights of the Interested Party (art. 7 of the Legislative Decree 196/03)
- We wish to inform you that you may exercise the rights specified in art. 7 of the Legislative Decree 196/03 by means of a request addressed, with no formalities, to the data controller.
- For your convenience, copied hereafter you will find the rights sanctioned by art. 7 of the Legislative Decree 196/03:
- The interested party is entitled to receive confirmation of the existence of personal data related to him/her, even if they have not been registered yet, and to obtain the communication thereof in an intelligible form.
- The interested party is entitled to receive information on:
- the source of the personal data;
- purposes and procedure of the data processing;
- the rationale applied in case of processing carried out with the help of electronic instruments;
- the identification data of the data controller, data processors and of the representative designated pursuant to art. 5, sub 2 of the Legislative Decree 196/03;
- of the persons and categories of persons to which the personal data may be disclosed or that may become aware of them, as representatives designated in the territory of the State, data processors or persons in charge of the processing.
- The interested party is entitled to obtain:
- that the data be updated, rectified or, where the interested party so desires, supplemented;
- the cancellation, transformation in an anonymous form or the block of the data processed in breach of the law, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
- the certification of the fact that the activities referred in letters a) and b) above have been disclosed, also as regards the contents thereof, to those to whom the data was communicated or disseminated, except where this proves to be impossible or requires a clearly disproportionate effort compared to the right protected.
- The interested party has the right to object, in whole or in part:
- for legitimate reasons, to the processing of his/her personal data, even if relevant to the purpose of the collection thereof;
- to the processing of his/her personal data for the purpose of forwarding advertising material, direct sale activities, market research or business communications.