Terms and conditions for use of Autopay, last updated 01.01.2022

Summary

This Agreement is entered into between Autopay Technologies AS ("Autopay Tech") and Customer who parks at a parking area where the Autopay system is used.
The Agreement sets out terms and conditions for the use of this system, including but not limited to provisions regarding the parties' rights and obligations, payment and payment method.
The Agreement covers Autopay Tech's processing of personal data and protection of the Customer's data privacy.
The Agreement is in force until it is terminated in accordance with this Agreement's article 6.

By clicking "accept" on https://www.autopay.io you hereby accept this Agreement containing the following terms and conditions:

1. Definitions

a) This Agreement regulates the relationship between Autopay Technologies AS ("Autopay Tech") and Customer in connection with parking in a parking area where Autopay Tech's payment system Autopay is in use.

b) The Agreement is in force until it is terminated in accordance with article 6. The Agreement applies to the relationship between Customer and Autopay Tech, the owner of Autopay, and does not regulate the relationship between the Customer and the individual operator of the parking area.

c) Autopay is a system for seamless parking where parking services are registered and debited automatically. In this Agreement Autopay is referred to as the Service.

d) "Operators" means individual operators of the parking area where the Service is provided. The individual Operators' prices and terms will apply to the Service. For a list of the Operators, see https://www.autopay.io/ourOperators.

e) "Customer" means the owner of the motorised vehicle which has parked or is parking with an Operator where the Service is provided. Both physical and legal persons are covered by the definition Customer.

e) "Kiosk" means a terminal at the parking place where it is possible, through registration of a payment card and mobile number, to receive a link where the Customer can set up a profile for the Service.

2. General terms

2.1. Use, registration and payment

The Service is used when the Customer parks their car in one of the parking facilities where the Service is offered. The vehicle registration is photographed upon car park entry and exit. The entry and exit times are recorded by the Operator. The time between entry and exit will be charged to the Customer, along with any transaction charges for using the Service. This will be in line with the Operator’s fees. For an overview of the Operator’s fees, including any transaction charges for using the Service, please refer to the website of the Operator concerned and/or signs at their parking facilities.

The Customer registers by entering their mobile number and payment card in the Kiosk at the parking area. The Customer will thereafter receive a link to https://autopay.io where the Customer must complete the registration and accept this Agreement. Registration can also be done directly online by creating a profile on https://autopay.io.

The registered payment card is thereafter debited automatically for use of the Service each time the registered Customer parks in a parking area where the Service is provided.

If the Customer enters his mobile number and payment card in the Kiosk without finalizing the registration process within 48 hours through the link or online, then Autopay Tech will delete details regarding the Customer's mobile number and payment card. The Operator will in such case invoice the Customer for the time parked at the parking area in accordance with the Operator's current and applicable terms and rates.

2.2. Confidentiality

Autopay Tech is obligated to keep confidential the Customer's personal data which is stored through use of the Service.

Autopay Tech will however provide personal data to the courts, prosecution authority and other public authorities where this is required by or has legal basis in law or regulations.

2.3. Processing of personal data

Autopay Tech is responsible for the processing of personal data in accordance with this Agreement. Autopay Tech's contact information is: Autopay Technologies AS, Pilestredet 8, 0180 Oslo, Norway.

2.3.1. Which personal data are stored and why

In connection with the provision of the Service Autopay Tech collects information regarding registration number of motorized vehicles, the owner of the car, the car owner's e-mail address, postal address and mobile number, including payment information when the payment card is registered.

Processing of these personal data is necessary in order to fulfil the Agreement with the Customer. This includes the delivery of the Service. It is not possible to use the Service without processing the abovementioned personal data.

2.3.2. How the personal data is used

The personal data is used to control if the Customer has a registered profile, to collect any amount outstanding or due for parking, to control required parking permits and to comply with national laws and regulations regarding accounting and bookkeeping.

Information regarding parking time, payment method (invoice, Kiosk) and postcode is stored anonymously. The anonymous information is used to operate the Service, to control that the Service is functioning as intended and to record statistics over the use of the Service. The Customer cannot be identified in this data.

2.3.3. How personal data is protected

Autopay Tech guarantees that Customer's personal data is stored in a secure manner in accordance with the applicable data privacy laws, including that personal data shall not be accessed by unauthorized persons. The Service is designed to safeguard necessary information security with regards to confidentiality, integrity and availability.

2.3.4. Who the personal data is handed over to

Autopay Tech does not provide the Customer's personal data to others unless there is a legal basis for such transfer. An example is a legal basis that directs Autopay Tech to provide personal data to courts, prosecuting authorities or other public authorities.

Autopay Tech uses data processors to process personal data on its behalf. In such circumstances Autopay Tech has entered into agreements to safeguard the information security on all levels of the processing. To this date Autopay Tech uses the following data processors:

Operators are provided access to personal data in the Customer's profile so that the Customer can use the Service on all parking areas where the Service is provided. Operators also receive access to the personal data in the Customer's profile so that the Operator can provide the Customer with customer support/service where necessary. A list of Autopay Tech's Operators can be found at https://autopay.io
Link Mobility AS is provided access to Customer's mobile number so that a notification service through SMS can be implemented
Mailjet is provided access to Customer's e-mail address so that Autopay Tech and the Operator can send e-mail notifications
Google is provided access to the Customer's data because Google Cloud Platform and Firebase are used to offer the Service
Helmes is provided access to the Customer's personal data in order to provide customer service to Autopay Tech and Operator

Data processors may only process the personal data in accordance with the purpose as set out in this Agreement's article 2.3.2.

The processing of personal data that Autopay Tech or its data processors performs in order to deliver the Service takes place in the EU/EEA or, if the processing takes place in the USA, European Union Model Clauses, also known as Standard Contractual Clauses are used.

2.3.5. How long are personal data stored

Personal data is deleted when it is no longer necessary for the Service to process these. This means that the Customer's personal data is deleted when all outstanding or due amounts are paid by the Customer or when Customer deletes their profile on https://autopay.io and there are no outstanding or due amounts payable by the Customer.

If the payment card registered on the Customer's profile is no longer valid and the Customer does not use the Service over a period of 2 years, then Autopay Tech will, after having sent the Customer a written notice, delete the Customer's personal data (profile) which is necessary to provide the Services. This does not apply however to Customers who have a parking permit linked to their profile in addition to or instead of a payment card (parking permit customers). Customers with parking permits retain their profile until their parking permit expires, unless the Customer deletes his profile on https://autopay.io.

The personal data Autopay Tech processes in accordance with provisions in national laws and regulations regarding accounting and bookkeping will be deleted as soon as the legal obligations are fulfilled.

2.3.6. Customer's rights as a data subject

The Customer has the right to demand access to, correction or deletion of their own personal data that Autopay Tech processes. Furthermore the Customer has the right to demand limited processing, object against the processing and demand the right to data portability. More information regarding the content of these rights can be found on the Norwegian Data Protection Authority's website: www.datatilsynet.no.

The Customer may use their right to demand access to, correction or deletion through the Customer's profile which is available at https://autopay.io. The Operator that operates the parking areas where the Customer has used the Service offers customer services on behalf of Autopay Tech. A list of Autopay Tech's Operators can be found at https://autopay.io.

If the Customer believes that Autopay Tech is not processing personal data in the manner Autopay Tech has described in the Agreement or that Autopay Tech in other ways breaches data privacy laws, the Customer has the right to complain to the Norwegian Data Protection Authority. Information on how to issue a complaint to the Norwegian Data Protection Authority can be found on their website: www.datatilsynet.no.

For general questions regarding Autopay Tech's processing of personal data under this Agreement, the Customer may use the contact details available at https://autopay.io.

3. Customer's obligations

a) The Customer shall follow the rules and regulations that apply for parking in the individual municipality and with the relevant Operator at the parking area.

b) The Customers is obligated to make him/herself familiar with the terms that apply for parking with the relevant Operator, including the prices that apply at any given time for the relevant parking area.

c) The Customer is obligated to have a valid payment card, with coverage and which is not suspended/blocked, before the parking takes place. If there is no coverage on the payment card, and the parking is not paid on autopay.io within 48 hours an invoice will be sent by the Operator to the owner of the car and an invoice charge will apply in accordance with the Operator's terms that apply at any given time. The Customer is obligated to register a new payment card in sufficient time before the existing payment card expires. Autopay Tech has the right to end a customer relationship immediately if the Customer does not have coverage and/or the invoice is not paid within the set deadlines.

d) The Customer is obligated to hold Autopay Tech harmless for all claims and disputes between the Customer and third parties, including the individual Operators, public authorities, credit card companies and financial institutions.

e) The Customer must own or have approval from the vehicle owner for the vehicle to be registered in the Customer's profile.

4. Changes and updates to the Service

4.1. Changes in the Agreement

Autopay Tech can amend the terms and conditions related to the Service. We will inform of such changes on our website https://autopay.io. If the changes are material then Autopay Tech will send a notice before the change takes effect.

4.2. Update and maintenance of the Service

Autopay Tech will update and maintain the Service, and will take steps to limit the inconvenience this may cause to the Customer.

5. Limitation of liability

Autopay Tech is not liable if the Service becomes unavailable due to circumstances outside of Autopay Tech's control. Furthermore Autopay Tech is not liable for the non-functioning of the Service at the individual Operator when this is not caused by Autopay Tech.

Autopay Tech is not liable for direct or indirect loss caused by potential downtime in connection with the update and maintenance of the Service. Autopay Tech is not liable for any claims or disputes between the Customer and third parties, including but not limited to, the individual Operator, public authorities, credit card companies and financial institutions.

Any liability that Autopay Tech may be responsible for is limited to the maximum of kroner 500.

6. Term and termination of the Agreement

6.1. Termination by the Customer

The Customer can terminate this Agreement by deleting their profile through https://autopay.io.

The termination is not effective until all the outstanding or due amounts are paid up by Customer.

6.2. Termination by Autopay Tech

Autopay Tech can terminate the Agreement with immediate effect if the Customer:

a) uses the Service in contravention of the terms and conditions that apply under this Agreement;

b) uses the Service in contravention of laws, regulations and public regulations;

c) uses the Service in contravention with the terms that apply with the individual Operator;

d) does not meet its payments obligations;

e) provides incorrect or inadequate client information;

f) otherwise acts in a manner that is to be considered a material breach of this Agreement.

7. Disputes

Any disputes related to the interpretation and application of this Agreement shall be determined in accordance with Norwegian law, by Norwegian courts. The Oslo District Court is the agreed legal venue.