General and specific conditions

1. These conditions regulate the User's download of the "RECARGA PUBLICA IBERDROLA" software application (hereinafter, the "Application" or the "App") that IBERDROLA makes available on their device (hereinafter, the "Device"), as well as the specific conditions of the functionalities offered by the Application.


2. It will be downloaded via the Google Play or App Store app stores, located on Google's website (https://play.google.com/store) or Apple's website, (https://www.apple.com/pt/app-store/) respectively. We inform you that these pages are governed by Google or Apple terms and conditions, independent of them and over which IBERDROLA has no control or responsibility. We recommend that you consult these terms and conditions on the websites mentioned above.


3. By downloading the Application, you will be considered a User (hereinafter, "User") for all purposes, which will allow you to access and use the features of the Application, always in accordance with these Terms and Conditions.


4. The download of the Application will be free of charge, without prejudice to the connection and navigation that may be billed by your mobile telecommunications operator according to the tariff you have contracted, as well as the prices and charges arising from the operations that the User carries out and that are associated with the features made available or that will be provided in the future through the Application.


5. IBERDROLA grants and the User expressly accepts a licence to use the "RECARGA PUBLICA IBERDROLA" software on which the Application, owned by IBERDROLA, is based, of a personal and non-transferable, limited, non-exclusive and available nature, after accepting these conditions, in order to access the functionalities that IBERDROLA makes available to them through the Application by means of electronic download. This license is limited to reproduction of all or part of the software solely by using, downloading, running, and displaying on a Device.


6. Use of the Application is restricted to the use described above; its use for any purpose other than that specified is expressly prohibited and constitutes a violation of IBERDROLA's intellectual and industrial property rights, so all steps may be taken and all legal actions deemed appropriate to restore the legality and legitimate use of the Application may be carried out. Likewise, the manipulation, in whole or in part, of the Application by the User or third parties is expressly prohibited.


7. The installation and download of the Application is the sole responsibility of the User, so IBERDROLA will not assume any damage or loss that its use may cause to the Device (e.g. computer viruses) or that the User and/or third parties may suffer, directly or indirectly. The User must check, before downloading the Application, the functionalities of the Application, as well as its suitability for their needs, the usefulness of the information and compatibility with the Device's operating system.


8. The Application is provided "as is", and IBERDROLA also reserves the right to make changes and/or improvements to it, at any time and without prior notice, which will become its exclusive property and licensed to the User under the conditions set out in this Contract.


9. IBERDROLA is not responsible for the content of any forum or debate in cyberspace (chat), bulletins or any type of transmission that are linked to this Application and will cooperate, if required by court order or by the competent authorities, in identifying the persons responsible for any content that violates the law.


10. IBERDROLA reserves the right to suspend, cancel or restrict access to the Application when technical or security reasons require or are imposed. IBERDROLA shall not be liable for any damage that may be caused to the User as a result of malfunctions, overloads, line cuts, connection failures or any other eventuality of the same or similar nature beyond the control of IBERDROLA that prevents the use of the Application.


11. IBERDROLA reserves the right to modify, partially or totally, at any time, for reasons justified, these Conditions, which will be published at least 15 days in advance of the date of entry into force, in the same place where they are published.


12. These Conditions will be valid indefinitely. However, IBERDROLA may cancel access to the Application at any time by notifying the User in advance via their email address and, likewise, the User may notify IBERDROLA of its intention to cancel the User's access via the following email address: comercial@iberdrolaclientes.pt.


13. It is also expressly stated that, since the downloads made through any of the procedures indicated above are computer files, that is, provided electronically, and can be downloaded or reproduced immediately for permanent use, this constitutes an exception to the possibility of exercising the right of free resolution applicable to distance contracting, as provided for in paragraph 6 of article 39 of Decree-Law no. 84/2021, of 18 October.


14. Portuguese law applies to the Contract, including its interpretation, application and execution, as well as omissions. To resolve any discrepancy that may arise from the interpretation and/or execution of this contract, the parties submit to the jurisdiction and competence of the District Court of Lisbon.


15. Conditions of use of the Application on mobile devices: These Conditions apply solely and exclusively between the User and IBERDROLA and not with Google or Apple. Google or Apple will not be responsible for the Software or its content. If these terms are more restrictive or conflict with the terms of use set out on Google Play, located on the Google website https://play.google.com/store, or the App Store, located on the website https://www.apple.com/pt/app-store/, the latter will be valid over the former.


16. The license granted under these Terms is non-transferable and will only be used to use the App on a Device owned or controlled by you, and in no event as authorized by Google in the Google Terms of Service or by Apple in the Apple Terms of Service.


17. IBERDROLA is solely responsible for providing the maintenance and support services related to the Application, as established in these Conditions or to the extent applicable by law.


18. IBERDROLA is solely responsible for any guarantees to which the Application is subject, whether or not provided for by law and to the extent that IBERDROLA has not waived them in this Contract. In the event that the App fails to comply with applicable warranty laws, you may notify Google or Apple, and Google or Apple will refund the purchase price, if applicable, for the App, all to the extent of applicable regulations. Google or Apple does not grant any warranty other than this in relation to the Application and any claim, loss, liability, damages and charges related to the breach of a warranty will be the responsibility of IBERDROLA.


19. A IBERDROLA, e não a Google ou a Apple, é a única responsável pelo tratamento das reclamações apresentadas pelos Utilizadores, ou por terceiros, relativas à Aplicação, a posse e/ou utilização da mesma pelo Utilizador incluindo, mas não limitado a, reclamações devido a um produto defeituoso ou incumprimento da legislação aplicável e/ou em particular, legislação relativamente à proteção dos direitos dos consumidores.


20. IBERDROLA is solely responsible for handling complaints submitted by Users, or by third parties, regarding the Application, the possession and/or use of the same by the User, including, but not limited to, complaints due to a defective product or non-compliance with applicable legislation and/or in particular, legislation regarding the protection of consumer rights.


21. In the event of any claim by third parties for infringement of the intellectual and/or industrial property rights on the Application and/or use thereof by the User, IBERDROLA will be solely responsible for the investigation, defence, reconciliation and compliance with the content of the claim. IBERDROLA's company name and contact details to which the User may address any complaint are those indicated at the end of this Contract.


22. IBERDROLA and the User acknowledge that Google and Apple and their affiliated entities of both will be considered third-party beneficiaries of this Agreement and that, upon acceptance by the User, Google will have the right to appeal against the Conditions set forth therein against the User or any third party beneficiary thereof.


23. In the event of a complaint, the User may submit it through one of the IBERDROLA service channels, namely through the website www.iberdrola.pt, email address comercial@iberdrolaclientes.pt or telephone contact at 800 60 77 17 (free call, available 24 hours) or at the IBERDROLA address - Apartado 12011, EC Picoas, 1061-001 Lisbon, or in person at an IBERDROLA store.

24.1. For the purposes of the legislation in force and applicable to the protection of personal data, we inform you that, in relation to the download, access and use of the Application, the following entities will be the Joint Controllers:

• IBERDROLA CLIENTS PORTUGAL, UNIPESSOAL, LDA:
  • Tax Identification Number: 502 124 083
  • Headquarters: Avenida D. João II, Edifício Meridiano, n.º 30 - 3.º, 1990-092 Lisboa
  • Contact: protecaodados.comercial@iberdrola.pt
  • DPO: dpo@iberdrola.pt
• IBERDROLA CLIENTS, S.A.U.:
  • Tax identification number: A-95758389
  • Headquarters: Plaza Euskadi, 5, 48009, Bilbao
  • Contact: protecaodados.comercial@iberdrola.es
  • DPO: dpo@iberdrola.es

24.2. The entities of the IBERDROLA Group mentioned in the point above will be joint controllers, processing the data for the following purposes:

• To allow the User's download, access and registration, as well as the use of the Application by the User, based on the contractual relationship established with the User through the acceptance of these Terms and Conditions. For this purpose, we will process the following personal data: civil identification number, user code and customer code.
• Resolution of incidents presented by the User in relation to the Application, based on IBERDROLA's legitimate interest. For this purpose, we will process the following personal data: name, surname, identifier, data relating to the incident and necessary for the management of the same. With regard to legitimate interest, we inform you that IBERDROLA has carried out the corresponding analysis to ensure that IBERDROLA's interests prevail in this case and, in addition, has implemented measures to guarantee the security of the data processed. We inform you that you can object, at any time, by contacting IBERDROLA through the contacts provided for the exercise of your rights, contained in this section.
• Creation of a User account, based on the contractual relationship, which will include the User's information, as well as the history of the services requested through the application.
• Maintenance, updating, customisation, improvement and security of the Application, as well as the control of navigation on the Application, based on IBERDROLA's legitimate interest. For this purpose, browsing and usage data of the Application will be processed, which may include the User's IP address or identification. We inform you that the User may object at any time by contacting IBERDROLA using the contact details provided for the exercise of rights, contained in this section.

24.3. All this personal data will be made available directly by the User, or through the forms made available to him, for registration or any other within the scope of the Application, or through the use of the Application.

24.4. For its part, IBERDROLA works with third-party service providers, who may, in certain cases, access personal data, with the necessary guarantees, for the purposes of processing in the name and on behalf of IBERDROLA, acting as subcontractors.

24.5. The personal data will be communicated to the entity that will provide the specific services, which will be identified at the time of requesting and contracting them, and this communication is necessary for the provision of the services requested by the User.

24.6. Your data may be communicated to the Courts, the Public Administration with competence in the matter and/or the State Security Forces and Bodies when this is necessary for the resolution of disputes or for the fulfilment of legal obligations.

24.7. Customers' personal data may be consulted or transferred to entities located in countries with headquarters outside the European Economic Area, only if it is strictly necessary for the pursuit of the purposes indicated. Thus, in the event that an international transfer to third countries or international organisations is necessary, IBERDROLA will ensure that such transfers will take place, in any case, to (i) countries for which the European Commission has declared the existence of an adequate level of data protection or (ii) in the absence of such a decision, (ii) by applying appropriate safeguards that, following a review of the legislation of the destination country, ensure the protection of your personal data in accordance with the requirements of the applicable legislation, such as signing with the recipient of the data the standard contractual clauses approved by the European Commission.

24.8. For the purposes of digital signature, the possibility of carrying out an international transfer of data to the United States is foreseen. This transfer is carried out in accordance with the adequacy decision issued by the European Commission (EC) under the EU-US Privacy Framework.

24.9. For more information on the appropriate guarantees for international data transfers, or to request a copy of these guarantees, you can contact IBERDROLA, through the channels indicated in this clause.

24.10. IBERDROLA will keep the User's personal data until the end of the contractual relationship, i.e. until the loss of the User status. In addition, and only if necessary, IBERDROLA may keep personal data, duly restricted, until the expiry of the applicable limitation periods for legal actions that may result from the contractual relationship. The User's data, provided by the User, is necessary for the maintenance of the contractual relationship, so that it would be impossible to manage the contractual relationship without this data.

24.11. The User is responsible for the veracity of the data communicated and must request its modification whenever necessary to ensure the correct provision of the contracted services and the completion of communications.

24.12. The User may exercise the rights of access or rectification, opposition or, where applicable, request the deletion of the data when it is no longer necessary for the purposes underlying its collection, among other reasons.

24.13. The User may request the limitation of the processing of their personal data in the situations established in Article 18 of the GDPR, in which case the personal data will be kept solely for the presentation or defense of any claims and/or legal actions.

24.14. The User may, at any time, withdraw the consent previously given, opposing the processing of their data for a certain purpose, without prejudice to the lawfulness of the processing previously carried out under the initial consent, as well as opposing the processing of the data, in which case they will be kept solely for the presentation or defence of any claims.

24.15. The User may request IBERDROLA to portability their personal data by obtaining an electronic copy of them, either by sending an email to the address indicated by them, or through the corresponding section within the IBERDROLA website.

24.16. All these rights may be exercised by means of a written request addressed to the IBERDROLA Group entity with which you have a contractual relationship, indicating the identification data, address or contact email and reasons for the request:

• IBERDROLA CLIENTS PORTUGAL, UNIPESSOAL, LDA., Apartado 12011, EC Picoas, 1061-001 Lisbon, or by e-mail protecaodados.comercial@iberdrola.pt.
• IBERDROLA CLIENTS, S.A.U Apartado 48009, Plaza Euskadi, 5, Bilbao, or by email protecaodados.comercial@iberdrola.es.

24.17. If the User does not obtain the desired response or information, or regardless of whether they consider the processing of their personal data to have violated their rights, IBERDROLA informs them that they may file a complaint with the National Data Protection Commission, with registered office at Avenida D. Carlos I, n.º 134, 1200-651, Lisbon, or through the following Internet address https://www.cnpd.pt or the Spanish Data Protection Agency with registered office at Rua Sánchez.de Jorge Juan, 6, Salamanca, 28001, Madrid or through the following Internet address https://www.aepd.es/.

The purpose of the Iberdrola Public Charging App is the provision, under the form of charging management, by IBERDROLA CLIENTES PORTUGAL, UNIPESSOAL, LDA. (hereinafter referred to as "IBERDROLA") of the RECARGA PUBLICA IBERDROLA service for charging electric vehicles. The charging points will be all the points available throughout the public network managed by the Electric Mobility Management Entity (hereinafter referred to as "EGME"), and may be owned by IBERDROLA or any other CHARGING POINT OPERATOR (OPC) connected to the public charging network. It is on this public charging network that the RECARGA PUBLICA IBERDROLA service is provided, the scope of which is generally described as follows:

• Identification and access to CHARGING POINTS.
• Supply of electricity for charging electric vehicles, as stated in the "GENERAL CONDITIONS OF ELECTRICITY SUPPLY FOR ELECTRIC MOBILITY" at the time of contracting the service, complying with the obligations defined therein, as well as in the existing regulations.
• Access to the Application from a mobile device, through which it is possible to know the location and availability of the CHARGING NETWORK, to know its technical characteristics, to consult consumption, to consult the charging history or to receive notifications of unforeseen interruption or completion of charging, among other features. As in Portugal the public network is managed by an external entity, due to technical limitations it is not possible to make reservations about charging points.
• Customer service, electronically or by telephone (24 hours), to respond to any request for information or impact on the provision of the service.

2.1. IBERDROLA provides the PUBLIC CHARGING service under the following conditions:

• The User must register on the Application in order to enjoy the features associated with the contracted service. To this end, at the time of contracting the "Electricity Supply for Electric Mobility" (CEME) service, through the www.iberdrola.pt website, and after submitting the contracting form, you will receive an email at the address indicated where you must click to activate your account and define the password to access the Application and use its features.
• The supply of electricity required in each of the charging sessions will be carried out regardless of the type of charging of the vehicle, the battery capacity, the duration of the charge, or any other particular characteristic of the vehicle, without any limit beyond those defined by the User himself.
• The number, location, connector type, power, typology or other characteristics of the CHARGING POINTS for electric vehicles will always be displayed in the Application.
• The availability of parking spaces associated with this charging service will be the exclusive responsibility of the companies and/or Public Administrations that manage the land they occupy, whether private or public.
• The maximum time for occupying the parking space, and therefore access to the charging service, will in each case be determined by the undertakings and/or public authorities responsible for these spaces.
• Charging will be paid in accordance with the commercial and price conditions contracted at the level of energy supply (Electricity Supply Contract for Electric Mobility) and applicable promotions, at any time, as well as in accordance with the respective EGME tariffs, if applicable by CEME and OPC, and OPC tariffs defined for each charging station,  plus the applicable taxes at the legal rate in force.

IBERDROLA may assign the Contract or the rights and obligations arising therefrom to any company in which IBERDROLA is a subsidiary, affiliated or successor that may provide the service that is the subject of the Contract in the future, with prior notice to the User being sufficient for this purpose.

Portuguese law applies to the contract, including its interpretation, application and execution, as well as to omissions situations. Any subsequent changes to applicable laws and regulations under this agreement will automatically apply to you.