CLAUSES OF SUBSCRIPTION TO THE GALP FROTA BUSINESS CARD
Between:
Petróleos de Portugal - Petrogal, S.A., with registered office at Rua Tomás da Fonseca, Torre C, in Lisbon, NIPC and MCRC of Lisbon number 500697370, with share capital of €516,750,000 (five hundred and sixteen million seven hundred and fifty thousand euros), hereinafter referred to as Petrogal, and the subscriber hereinafter referred to as Customer.
Petrogal, with the aim of promoting and benefitting its Corporate Customers and their Employees, created a card called “Galp Frota Business Card” which permits access to a direct discount in the acquisition of fuel at the Service Stations of its Network, which have adhered to the Card.
The attribution and issue of the Galp Frota Business card shall be governed by the following clauses. The use of the Galp Frota Business Card entails knowledge of the latter.
This Agreement is concluded and shall be based on the following recitals and clauses:
Clause 1 – Object
This Agreement establishes the terms and conditions for the attribution by Petrogal to the Customer, and exclusively to its Employees, of the Galp Frota Business card, a card that will permit the former and latter to benefit from immediate discounts in the acquisition of the products set out in the Commercial Conditions, in participating Service Stations.
Clause 2 –Galp Frota Business Card
1. Petrogal attributes to the Customer, upon request from the latter , the possibility of free use of the Galp Frota Business card by the latter and/or its Employees.
2.The Galp Frota Business card shall not be accepted as a means of payment in the acquisition of the products set out in Clause 1, not being therefore a credit or a debit card, functioning only as a discount card.
3. Each card shall be identified with the data of the Employee, as well as with those of the respective Customer company of Petrogal .
4. The Galp Frota Business card is personal and non-transferable, and the Customer and/or Employee may be requested to show their identification to ensure the validity of its use.
5. The Galp Frota Business card may not be resold or assigned to any user or entity that does not correspond to the user or entity identified on the face of the card.
Clause 3 – Discounts and Payments
1. The Galp Frota Business card grants an immediate discount on the acquisition of the identified products, in participating Service Stations, in accordance with the COMMERCIAL CONDITIONS, which must be presented to the operator of the service station for automatic validation, prior to making the payment.
2. A transaction is defined as the acquisition of products all at once and in a single act.
3. The discount granted by the Galp Frota Business card is levied on the retail selling price (R.S.P.) of the products, practiced at participating service stations at the moment of supply, accumulable with the promotions or discount campaigns that are underway at each moment, provided the latter are reflected in the pump price (R.S.P.). The simultaneous use of the Galp Frota Corporate or Professional cards with discount vouchers is, however, not possible.
4. Discounts shall only and potentially be granted at participating Service Stations, which may be consulted on the online portal https://cartoes.galp.pt/.
Clause 4 – Issue of the Galp Frota Business Card
1. The requests for issue of the Galp Frota Business card shall always be sent to Petrogal by the Customer's contact person, through one of the following means:
a.) Request for cards through the functionalities made available on the online portal https://cartoes.galp.pt/.
b.) For any questions relating to the Galp Frota Business card, you should use the contact form provided on the portal https://cartoes.galp.pt/.
2. Each Galp Frota Business card is valid for the period indicated on the card.
3. Any request for re-issue will be free of charge for the Customer, being nonetheless limited to 2 requests per card and per year.
4. Petrogal reserves the right to refuse and/or annul any records on the portal, as well as any requests for cards and/or cards in the possession of the Customer and/or of the Employee that breach the terms and conditions for the attribution of the Galp Frota Business card.
5. The attribution or refusal to issue the Galp Frota Business card shall be conditional on the exclusive will of Petrogal.
Clause 5 – Duties of the Customer
The Customer undertakes to comply with and ensure that its Employees comply with the subscription conditions set out in this Agreement, which may be amended by Petrogal at any time.
Clause 6 – Responsibilities
1. Petrogal cannot, under any circumstances, be held responsible or liable for acts or omissions of participating Service Stations, namely for damages caused by the impossibility to use the computer system, for mechanical breakdowns, for difficulties in the operation of the communication systems or validation of authorisations or, in addition, for the demagnetisation of the magnetic stripe of cards, and for refusal to attribute a discount at participating Service Stations.
2. The theft, burglary, unlawful removal or loss of the Galp Frota Business card must be communicated to Petrogal within 24 (twenty-four) hours as of the date of the occurrence in question, through the portal https://cartoes.galp.pt/.
3. If the Customer wishes to replace the card, due to the occurrence of one of the situations referred to in the previous paragraph, he/she must request its replacement from Petrogal through the portal https://cartoes.galp.pt/, at no cost to the Customer. The re-issue is, however, limited to 2 requests per card and per year.
4. TheCustomer assumes full responsibility for the use of the Galp Frota Business card, namely in the event of proven fraud, and Petrogal may not, under any circumstances, be held liable for the undue use of the latter.
Clause 7 – Suggestions and Complaints
Any suggestions or complaints may be addressed to Petrogal through the portalhttps://cartoes.galp.pt/.
Clause 8 – Collaboration of the Customer
The Customer shall disclose this Agreement to its Employees, informing them of the object and scope of the Galp Frota Business card and will collaborate in initiatives considered of common interest, namely actions to promote the products and services object of this Agreement.
Clause 9 – Validity period of the Galp Frota Business Card
Petrogal reserves the right to cancel or suspend, temporarily or definitively, the issue and use of the Galp Frota Business card.
Clause 10 – Amendments to the Agreement
1. Petrogal may, at any time, amend the conditions of this Agreement, namely the discounts to be attributed, amendments which, if justified, may be communicated to the Customer through the electronic mail address provided by the Customer in the “Subscription Form” of the online portal.
2. If the amendments communicated are not agreed upon by the Customer, he/she will notify Petrogal, through the email galpfrotabusiness@galp.com, of his/her non-acceptance, within 15 days as of the reception of the communication referred to in the previous paragraph, automatically ceasing all of the effects of this Agreement and no compensation is to be paid, in any form whatsoever, due to the termination of the agreement, will all cards issued under this Agreement being cancelled.
Cláusula 11. –Processing of Personal Data
1. Petrogal is the «Controller» of the personal data of the Customers and/or Employees of the Galp Frota Business card collected within the scope of this Contract.
2. In the capacity of Controller of personal data, Petrogal undertakes to comply with the Personal Data Protection Law and other applicable legislation in relation to the processing of current or future personal data, determining the purposes and means of processing the personal data of Customers and/or Employees of the Galp Frota Business card.
3. Within the scope of the execution of this Contract, Petrogal undertakes to:
a) Implement all the technical and organisational measures suitable for the protection of data from design and by default, so as to ensure conformity with legislation in terms of data protection and, in addition, the security measures suited to the risks arising from the respective processing of data during their life cycle;
b) Process only the personal data of Customers and/or Employees of the Galp Frota Business card that are adequate, pertinent and limited to the specific, explicit and legitimate purposes of the Contract, not processing that same data in a manner that is different and incompatible with those same purposes;
c) Provide all the necessary and pertinent information on the processing of personal data of the Customers and/or of the Employees of the Galp Frota Business card not only at the moment of collection but also throughout the entire period of storage of their personal data;
d) Guarantee that the access to the personal data will be strictly limited to the employees and outsourcers that need to have access to the data for the purposes of execution of this Contract, and that the same undertake to maintain confidential and comply with the Personal Data Protection Law in force and other applicable legislation, current or future, as well as with the provisions of this Clause.
e) Destroy, on the date of termination of the Contract, all the personal data that has been stored for the purposes of execution of the Contract (including in the computer system), without prejudice to the provisions in the sub-paragraph below;
f) Store the personal data for the period strictly necessary for the purpose for which they are to be used - 1 (one) year after the termination of the Contract - unless legal provisions impose its storage for a different period.
4. The main purpose of the processing of personal data of the Customer and/or of the Employee is the concession of benefits in the acquisition of products set out in the Commerial Conditions, in participating Service Stations and is based on pre-contractual diligences or on the execution of the Contract between the Customers and Petrogal.
5. Petrogal may also process the personal data of the Customers (i) for commercial and marketing activities and for analysis and definition of profiles, based on the legitimate interest of Petrogal. If you do not wish to receive information about Galp products and services within the scope of commercial and marketing activities, you must exercise your right to object via the e-mail data.privacy@galp.com.
6. Within the context of the purposes mentioned, Petrogal proceeds with the processing of the following categories of personal data of Customers and/or of Employees of the Galp Frota Business card: identification and contact data, Galp Frota Business card data, consumption data, data associated to the vehicles allocated to the card and data collected within the context of answers to any questions, requests or complaints.
7. The personal data of the Customers and/or Employees of the Galp Frota Business card may be communicated by Petrogal to companies of the Galp Group via an intragroup data sharing agreement, which will comply with the applicable data protection rules in accordance with the processing purposes.
8. In compliance with legal and/or contractual obligations, the personal data may also be transmitted to third parties with whom GALP has established partnerships, to judicial, administrative, supervisory or regulatory authorities, as well as to entities that lawfully carry out data compilation actions, fraud prevention and combat actions, and market or statistical studies.
9. The Customers and/or Employees of the Galp Frota Business card have the right to lodge a complaint with the competent supervisory authority, the National Data Protection Commission - CNPD, if they consider that the processing of their personal data violates their rights and/or the applicable data protection laws.
10. The Customers and/or Employees of the Galp Frota Business card may, at any moment, in writing:
a) Exercise the rights enshrined in the Personal Data Protection Law and other applicable legislation via the e-mail data.privacy@galp.com; and,
b) Contact the data protection officer of the Galp Group about any questions related to the protection and privacy of your personal data via the email dpo@galp.com.
Clause 12 – Jurisdiction
Any disputes that may arise from this Agreement shall be subject to the exclusive jurisdiction of the Lisbon District Court.