Terms and conditions

Last revised February 2021

PRIVACY POLICY

We care about your privacy

We are ORAIN TECHNOLOGIES S.L., a platform that enables friendly, dynamic and intuitive interaction between people and machines.

We protect your personal information using industry standard techniques, and we will always keep you informed when significant changes are made to this Privacy Policy.

Your trust is most important to us, and therefore we protect your personal information and will only provide it to third parties: (1) with your consent; (2) when necessary to process your instructions; (3) when required by law, subpoena or other legal process.

This Privacy Policy applies to https://www.orain.io, the ORAIN mobile application and all other ORAIN websites, applications, developer platforms and other products and services (collectively, the "Platform"). We may modify this Privacy Policy from time to time, and if we make material changes, we will notify you so that you can review the changes before continuing to use our services. Your continued use of our Services after we post or communicate any modifications to this Privacy Policy will mean that you agree to the changes. If you do not agree to any of the changes, you may close your account if you have created an account by sending a written request to [email protected].

1. RIGHT TO INFORMATION

ORAIN TECHNOLOGIES, S.L., with registered address at Avinguda Electricitat, number 1-21, 4º 1ª, Postal Code 08191 - Rubí (Barcelona) and Tax Identification Code: B-66.611.773 (hereinafter "ORAIN"), guarantees Internet users who access the website https://www.orain. io/ (hereinafter, the "Users" or, in singular, the "User") that the data they provide through this website will be processed in strict compliance with the provisions of Regulation (EU) 2016/679, of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR), and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).

To this end, ORAIN informs Users of the procedure followed by ORAIN to collect their personal data and the uses to which it will be put.

2. INFORMATION WE COLLECT

ORAIN obtains Users' personal data through the following means:

● Request for Information or contact through the Contact Form or chat at https://www.orain.io/.

Search through the Platform https://www.orain.io/, for the use of the services offered through the Platform;

● Account registration through the registration form via the Platform and https://orain.io/register and/or App for the use of the services offered through the Platform.

Request for information or contact through the data collection forms provided on the website (including the chat service) https://www.orain.io/ and on the App.

3. USE OF USERS' PERSONAL DATA

ORAIN informs the Users to whom it applies that the personal data provided to us will be processed under the responsibility of ORAIN, being used for the purpose of:

● To carry out the registration on the Platform and the provision of our services, in accordance with the General Conditions established between ORAIN and each of the Users;

● To allow access to the options that require registration (e.g., User Profile), in which case the User must comply with the specific conditions established in each case;

● Respond to queries or requests for information that may be made by Users;

● In the event that the User has ticked the corresponding box for this purpose, or if he/she maintains a relationship with ORAIN, to keep him/her informed through the sending of notifications by email and/or other electronic means, the content of which will mainly deal with our services, activities and projects related to services or products similar to those of the Platform.

● To keep you informed through the sending of notifications by email and/or other electronic means about updates and new features of the Platform, troubleshooting, inactivity or under use, detection and prevention of errors or in general to comply with the General Terms and Conditions of the Platform and, to ensure the proper functioning of the Platform.

●Likewise, we inform you that, if you activate the geolocation system of your terminal, ORAIN will process the data obtained through the same to inform the User of the vending machines and Companies that are near you.

●Send Push notifications, exclusively through the Platform environment, both from ORAIN and from the companies that own the self-service machines, about promotions that may benefit you while using the Platform. ORAIN always offers you the possibility of deactivating the reception of Push Notifications.

●Allow access to the environment enabled for testing our platform, through the registration form to access the demo and in accordance with the conditions specified therein.

●Verify your identity by sending a code to your phone number.

●Provided that you have activated and consented to geolocation technology on your device, ORAIN will collect and process data related to the location of the Users' device, for the sole purpose of locating self-service machines, regardless of whether they use ORAIN's technology.

The User guarantees the authenticity, truthfulness and accuracy of all data provided through the Platform, keeping the information provided to ORAIN up to date, so that it corresponds at all times to their real situation, and is solely responsible for any false or inaccurate statements made. Therefore, we would ask you to inform us immediately at [email protected] of any modification to your data so that the information contained in our files is always up to date and does not contain errors. If in the future ORAIN wishes to use your data for purposes other than those mentioned above, we will inform you of these new purposes and request your consent.

Certain services provided on the Platform may contain special conditions of use with provisions on the protection of personal data, which prevail over this Privacy Policy. In this regard, it is important for the User to bear in mind the following warnings.

4. INTELLECTUAL PROPERTY RIGHTS

By uploading or sending a photograph to the Platform, the User guarantees that he/she is the sole author of the photograph and the sole holder of the intellectual property rights over said photograph. Likewise, the User expressly authorizes the reproduction, distribution and public communication of the photograph by ORAIN, without any time or geographical limitation.

5. SHARING INFORMATION WITH THIRD PARTIES

We will not share personal information about the User and/or that they have posted when creating an account, if any, unless we have their express consent and we believe in good faith that it is permitted by law or that it is reasonably necessary to disclose it in order to comply with a judicial proceeding, including but not limited to subpoenas for a civil or criminal trial, court orders or other compulsory disclosures.

ORAIN will not provide Users' data to third parties, except for those that the Users themselves make available to other Users of the Platform. Likewise, during the Push notification service, ORAIN guarantees that it does not provide Users' data to the companies that own the self-service machines.

In this regard, if you expressly authorize it, by ticking the corresponding non-pre-ticked box provided for this purpose, your personal data may be communicated to the companies that own the self-service machines (users as a Company on the Platform) so that they can communicate to the User the loyalty discounts that the Company wishes to offer to recurring segments of consumers.

We may also disclose your personal information to a third party as part of the sale of assets of ORAIN, a subsidiary or division, or following a change of control of the Company or one of its subsidiaries, or in preparation for any of these events. Any third party to whom we transfer or sell our assets shall be entitled to continue to use the personal information and other data provided by the User in the manner set out in this Privacy Policy.

Where we use the assistance of business partners to collect and/or process Users' personal data, this will be done within the framework of a commissioned processing agreement, which contains an obligation to respect privacy. From the legal point of view of data protection, ORAIN will be established as the controller (with authority over the processor) and the business partner as the processor.

In this regard, we may engage third party companies and individuals to provide our services (such as, for example, maintenance, analysis, auditing, marketing and development). These third parties will have limited access to the User's information only to perform these tasks on our behalf and are obliged to ORAIN not to disclose it or use it for other purposes.

6. SOCIAL NETWORKS

ORAIN has a presence on some of the main social networks on the Internet, and for which it acts as data controller in relation to the data published by ORAIN.

ORAIN will process the data on each social network in accordance with the rules established for this purpose by each social network. Therefore, and unless otherwise stated, ORAIN may inform our followers on the corresponding social network of our activities, events and other related topics, including follower services, through the channels provided for this purpose by the social network.

ORAIN will not extract personal data from the social networks, unless the user gives us their consent.

Likewise, ORAIN offers you the possibility of registering in our services through social profiles. If you do not agree to the processing of your data for the purposes described below, please refrain from registering with your social profile. If you choose to share your social profile information with us, using the social-login, we will process the data obtained from your social profile, consisting of identification data (your name and surname), e-mail address and your profile picture. The purpose of the processing will be to manage the registration process for our services and your relationship with us.

If you decide to use the social-login remember that you will share your social profile information with us. We recommend that you visit the social networking platform, review its privacy policy and check the privacy settings of the platform.

7. LEGITIMACY FOR THE PROCESSING OF PERSONAL DATA

ORAIN may process your personal data on any of the following legal bases: (A) legitimate business purposes; (B) where you have given your consent, for example for the use of geolocation; (C) where necessary to comply with ORAIN's legal obligations; (D) for the satisfaction of legitimate interests pursued by ORAIN, for example for the use of Push notifications and (E) as necessary for the performance of a contract to which you are a party.

8. EXERCISE OF RIGHTS

The User may exercise the following rights

● The right to request access to personal data: you may ask ORAIN whether it is processing your data, and if so, to access it.

● The right to request rectification if the data is inaccurate, or to complete the data that we have incomplete.

● The right to request the deletion of your data.

● The right to request the restriction of processing: in this case we will only keep the data for the purpose of exercising or defending claims.

● Right to object to the processing: ORAIN will stop processing the personal data, with the exception that they must continue to be processed for legitimate reasons or for the exercise or defense of possible claims.

● Right to data portability: in the event that the user wants their data to be processed by another data controller, ORAIN will facilitate the transfer of their data to the new data controller.

●The right not to be subject to a decision based solely on the automated processing of their personal data.

If you have given consent for a specific purpose, you may withdraw your consent at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal.

To exercise your rights, please inform us in writing to ORAIN TECHNOLOGIES, S.L., with address at Avenida Electricitat, 1-21, 4º 1ª de Rubí (08191) or send us an e-mail to: [email protected]. If you have doubts about your identity, it may be necessary to provide a photocopy of your ID card or equivalent document that proves your identity and is considered valid in law. To do this, you can use the models and forms on the different rights that the Spanish Data Protection Agency has on its official website (https://www.aepd.es/reglamento/derechos/index.html).

We inform you of your right to file a complaint with the Supervisory Authority, specifically, with the Spanish Data Protection Agency (https://sedeagpd.gob.es/sede-electronica-web/vistas/formNuevaReclamacion/reclamacion.jsf), and other competent public bodies for any claim arising from your personal data".

9. SECURITY

ORAIN maintains the levels of data protection security required by current personal data protection regulations, and has established all the technical means at its disposal to prevent the loss, misuse, alteration, unauthorized access and theft of the data provided by the User through the Platform.

In any case, ORAIN will take appropriate technical and organizational measures, both when designing the data processing system and at the time of the processing itself, to preserve security and prevent unauthorized processing. However, despite the diligent implementation of such measures, the User should be aware that security measures on the Internet are not impregnable.

10. GEOLOCATION

Provided that it has activated and granted its consent, ORAIN makes available to Users the use of geolocation technology in the provision of its services. The use of this technology means that ORAIN may collect and process the personal data that this technology implies, provided that Users have given their consent. This location data is collected and processed by ORAIN for the sole purpose of locating self-service machines, regardless of whether they use ORAIN's technology.

ORAIN guarantees that it does not use geolocation technology and its data to locate and identify Users. Likewise, location data is not collected and processed by ORAIN in exchange for any consideration, whether monetary or otherwise.

Users may choose to disable geolocation on their device by deactivating the location services offered by their device. This option is usually found in the device's configuration menu. Please note that if you do not disable geolocation on your device, location services may still be enabled.

11. SPECIAL CATEGORY OF PERSONAL DATA

We will not collect or process any personal data that is particularly sensitive or included in the special category of personal data from Users, unless they have explicitly provided it to us. Special categories of personal data refer to information relating to race or ethnic origin, political opinions, religious or philosophical beliefs or other beliefs of a similar nature, trade union membership, genetic data, biometric data for the sole purpose of identification of a natural person, health data, sex life or sexual orientation.

12. DIRECT MARKETING

We will not use Users' personal data for direct marketing purposes without their express prior consent.

If at any time you decide to stop receiving commercial or promotional information from ORAIN, you may, free of charge and without having to provide a justification, unsubscribe from direct marketing campaigns and object to the future processing of your personal data for such purposes by sending us an e-mail to [email protected] or by clicking on the "opt-out" in the subject line of the e-mail. You may also use the unsubscribe procedure provided in any promotional messages you receive from ORAIN.

Please note that unsubscribing from receiving promotional messages will not opt you out of receiving information that relates to any Contract you may have entered into with Us.

13. AUTOMATED DECISION MAKING

We will not use automated decision-making processes, including profiling, unless you have explicitly authorized Us to do so. In that case, We will inform You about the rationale for the decision and the significance and intended consequences of such processing for You.

14. DURATION OF DATA STORAGE

The data obtained will be kept for as long as your relationship with us is maintained, and even after the termination of this for the period necessary for the formulation, exercise or defense of claims, and legal obligations, always being duly blocked.

We will proceed to the deletion of Users' personal data when such data is no longer necessary for the purpose for which it was collected, or when such storage is prohibited by the provisions in force.

15. MINORS ON THE WEBSITE

This website is not designed for or directed at children under the age of sixteen (16), without parental or legal guardian consent. In this regard, we do not knowingly collect information from such persons. In any event, if parents or legal guardians believe that their children have submitted personal data to us without their consent, please contact us at [email protected].

16. HOW CAN YOU LODGE A COMPLAINT WITH THE SPANISH DATA PROTECTION AGENCY?

You can file a complaint with the Spanish Data Protection Agency through the following link

17. HOW CAN YOU CONTACT THE PERSONAL DATA PROTECTION OFFICER (DPO)?

If you wish to contact our Personal Data Protection Delegate (DPO), you may do so by e-mail ([email protected]) or by post to Avenida Electricitat, 1-21, 4º 1ª de Rubí (08191)".

18. RESPONSIBILITY

ORAIN accepts no liability for any misuse of the contents of its services, especially the use of geolocation.

The User undertakes to make diligent use of the services offered by ORAIN and not to use the services and information to carry out activities contrary to regulations, public order, good customs and morals and to act, at all times, with due diligence.

The User shall be solely liable for any direct or indirect damages that may arise from the use of ORAIN's services, especially for the data and information collected and processed through geolocation, including any information resulting from the location of the self-service machines shared with ORAIN.

The User acknowledges and accepts that the activation of geolocation, the taking of photographs and the sharing of the location of the self-service machines with ORAIN is exclusively his/her responsibility, exempting ORAIN from any liability, direct or indirect, for damages of any nature that may result from the use of geolocation, the taking of photographs of self-service machines and the sharing of the location of the same.

19. MODIFICATION AND COMPLETENESS OF THIS PRIVACY POLICY

ORAIN reserves the right to modify the present policy in order to adapt it to future legislative or jurisprudential developments, as well as to future uses that it plans to make of the personal data of the Platform Users. In any case, it will inform Users in advance of any changes to this policy. Therefore, the User is recommended to read the Platform's Privacy Policy each time he/she accesses the Platform.

In the event that any clause of this Privacy Policy is annulled or considered null and void, the rest of the conditions shall not be affected, and shall remain fully valid and in force, in accordance with the applicable regulations in force at any given time.

If you wish to make any suggestions or comments in relation to our Personal Data Protection Policy, please contact ORAIN at Avinguda Electricitat, 1-21, 4º 1ª, Postal Code 08191 - Rubí (Barcelona), or at the following e-mail address: [email protected].

LEGAL DISCLAIMER

ORAIN TECHNOLOGIES, S.L., with tax identification number B-66.611.773, is a Spanish company, registered in the Mercantile Register of Barcelona, Volume 45229, Folio 180, Page B-483361, 1st entry (hereinafter, "ORAIN"). This company is the owner of the domain name https://orain.io/ and of the ORAIN mobile application (hereinafter and jointly, the "Website").

Address:

Av. Electricitat 1-21, 4º 1ª.

08191 - Rubí

Barcelona, Spain

Phone number: +34 93 809 76 29

E-mail: [email protected]

What is ORAIN?

Orain is a mobile application that manages to create a perfect link between machine and user, allowing the latter to make purchases in linked self-service machines in an agile and easy way (hereinafter, the "APPLICATION").

Users with the APPLICATION connect to the linked self-service machines via Bluetooth or via the Internet. Once connected, users have access to the individual chat of each machine and to all the Orain functionalities detailed below.

Registration and application features.

After downloading the APPLICATION, the User can read the Conditions of Use and the Privacy Policy of the same and must accept these legal terms for its use. Therefore, the use of the APPLICATION implies acceptance of the conditions of use detailed herein.

By downloading this APPLICATION on your mobile device, Smartphone type, you will be able to access the Orain services that will allow you to pay with your mobile phone in those linked self-service machines, without the need to pay by credit card.

In order to access an APPLICATION, users must identify themselves by entering a username and password or use the registration systems provided by Facebook, Google or Apple.

ORAIN reserves the right to remove, limit or prevent access to the APPLICATION for objectively justified reasons related to security or suspicion of unauthorized or fraudulent use. It also reserves the right to withdraw the APPLICATION from the market when it deems appropriate and without prior notice to USERS.

The USER undertakes to use the services and content provided through the APPLICATION in accordance with the legislation in force applicable to each of them, the principles of good faith and generally accepted uses. Any use for illicit purposes or purposes that damage or may damage in any way, the use and normal operation of the APPLICATION is prohibited.

Any use for purposes contrary to the contents of this Legal Notice, harmful to the interests or rights of third parties, or which in any way may damage, render inaccessible or deteriorate the APPLICATION, its contents or its services, or which may prevent normal enjoyment of the same by users, is prohibited.

Likewise, the user accepts, provided that their security and accessibility to make purchases at any time through their wallet is guaranteed, that ORAIN may dispose of the funds available in the wallet at any time,

ORAIN uses a supplier as the payment platform of the APPLICATION, understanding as such the software, technology and other tangible and intangible elements that comprise it. Therefore, and without prejudice to ORAIN's responsibility as a payment service provider, the customer knows and accepts that ORAIN depends entirely and exclusively on the provider to be able to provide the service.

How to use ORAIN to pay at a self-service machine?

After downloading the APPLICATION and passing the registration process, the User will access the Orain environment where he/she will be able to find out if there are Orain-compatible machines around him/her.

If the APPLICATION detects Orain machines, the user will be able to interact with them by clicking on each one. At this moment, a communication channel will be established between the User and the machine that will allow, among other things, to make purchases, resolve any type of incident, send suggestions and receive promotions or communications. All of this will be done through the dialogues in the Chat and the associated buttons.

Before making a purchase, the User must top up their own wallet by credit or debit card. It is also possible to recharge the wallet with cash by connecting to the machine and inserting the money into it.

Duration of the Service

The ORAIN service is offered indefinitely and at no cost to the customer as long as the User uses the Application on a recurring basis.

The user may unsubscribe at any time and with immediate effect, without prejudice to the settlement and debiting of any pending transactions. This process may be carried out through the APPLICATION itself.

The User may request the refund of the balance by sending an e-mail to the address [email protected] with the subject "Refund of Balance". In the body of the e-mail, the user's identification and the reason for which he/she wishes to withdraw the balance shall be provided. From that moment, ORAIN will transfer the request to an evaluation committee that will respond within a maximum of 7 working days. If the refund is accepted, ORAIN will have 30 working days to make the payment.

For its part, ORAIN may, as a service fee for inactivity, consolidate in its favor the amount in Euros of the value resulting from multiplying the number of months of inactivity by 3.40 on the funds in the wallet during the months of inactivity and with a maximum value equivalent to the total funds that the user had available but inactive in its wallet for a period of more than 6 months.

Likewise, ORAIN will consolidate in its favor all the funds that a user has in its wallet when it is impossible to return them, either because of:

(i) The user is disabled. A user will be considered to be disabled after 1 year since the user has not made any transaction in his wallet.

(ii) The credit card or current account to which the payment of funds is to be reversed does not exist.

INTELLECTUAL AND INDUSTRIAL PROPERTY

This Website and the contents included in it: articles, texts, images, logos, brands, buttons, software, etc. are protected by current legislation on industrial and intellectual property and are the property of ORAIN or of third parties who have authorized their use by ORAIN, and their exploitation without the authorization of ORAIN is expressly prohibited.

● Access to this Website does not imply, under any circumstances, the acquisition by users of any property rights over the contents contained therein.

● ORAIN reserves the right to modify, update or delete any of the contents of this Website at any time and without prior notice.

● These details are also valid for the Facebook fan page https://www.facebook.com/Orain-196404230931328/; Instagram https://www.instagram.com/we_orain and Twitter https://twitter.com/we_orain.

LIMITATION OF LIABILITY

● ORAIN reserves the right to interrupt access to its Website, as well as the provision of any service through the Website at any time and without prior notice, whether for technical, security, maintenance or any other reason.

ORAIN shall not be liable in the event that the service has to be interrupted, delayed or malfunctioning and other inconveniences that have their origin in causes beyond ORAIN's control and/or are due to the wilful or culpable action of the user and/or have their origin in causes of force majeure.

The information contained in this Website may not be correct, despite the efforts made to ensure that it is accurate and up to date. Consequently, ORAIN accepts no liability for the errors contained therein, nor for any damages or losses arising from its use.

This Website may contain links to other websites for whose content, usefulness or accuracy ORAIN cannot be held responsible. The inclusion of a link on this Website cannot be considered a recommendation to users to use them; the decision to use them is the responsibility of the latter.

● ORAIN is not liable for any damages arising from the use of this Website or its contents and does not guarantee the absence of viruses or the impossibility of causing damage to the user's computer systems.

ORAIN accepts no responsibility for any misuse that may be made of this Website.

Modifications to the Legal Disclaimer

ORAIN reserves the right to modify these Terms and Conditions by giving prior notice of such modification through email registered by the user or through a notification or communication in the Application, such modifications will also be published on the ORAIN Website.

APPLICABLE LAW AND COMPETENT COURTS

● The terms and conditions of this Website and the relationship between the user and ORAIN shall be governed by Spanish law and jurisdiction.

● In the event of any dispute that may arise between the user and ORAIN, both parties submit to the Courts and Tribunals of Barcelona (Spain).