1 Introduction
Gradska plinara Zagreb – Opskrba d.o.o. (hereinafter: GPZO) is a natural gas supplier for customers in the gas transmission system and gas distribution systems in the Republic of Croatia. It has been performing public gas supply service for the customers from the category Households and the activity of market-based natural gas supply to the customers from the category Companies. Details on the company GPZO can be found on the following web pages:
www.gpz-opskrba.hr.
Web and mobile app “MY ACCOUNT” (hereinafter: System) is a free online service for natural gas customers and it has been available since 2012. The System is a product of GPZO’s vision and desire to improve communication with customers and to make that communication more transparent and flexible in accordance with gas customers’ requirements.
By virtue of Terms and Conditions of Use (hereinafter: Terms and Conditions), the way of accessing the computer information System that is controlled by Gradska plinara Zagreb – Opskrba is regulated in detail. The Terms and Conditions include the authentication protocol for accessing the System, along with the web solution and mobile apps on iOS, Android and MS Windows Phone mobile operating systems.
The System serves as a portal for showing useful information on gas consumption, debts, payments, viewing and submitting gas meter readings, viewing outstanding debts and similar information relevant for gas customers. For submitting gas consumption allocation in the communal boiler rooms, there is a separate part of the System which can be used by tenant representatives and companies with signed gas supply agreements.
2 System
2.1. System description
The System enables the customer to view the following information and features:
- overview of transactions, debts, payments and account balance,
- overview of gas meter readings,
- overview of approximate gas consumption by months and years,
- downloading gas calculations (bills) and notifications on prepayment instalments,
- calculation of gas consumption expenses for information purposes for a specific time period,
- gas meter reading submission,
- selecting an option for bill delivery by standard mail or through e-mail,
- user data administration (adding and deleting customer code, password change, submitting inquires and user account deactivation)
- overview of enforcement procedure statuses and disputed billed amounts (if any) and
- allocating gas consumption per tenant in buildings with communal boiler rooms (only for tenant representatives and authorized companies in the communal boiler rooms).
2.2 Technical requirements for using the System
Technical requirements for using the System are the following:
- desktop or laptop computer,
- mobile phone or tablet computer,
- Internet access,
- installed appropriate web browser based on recommendations of GPZO as System operator and administrator and
- installed appropriate version of mobile app of the System MY ACCOUNT on iOS, Android and MS Windows Phone mobile operating systems.
2.3 Ways of accessing the System
When it comes to the web app, you can access the System by using a web interface through HTTPS (
Secure Hyper Text Transfer Protocol) internet protocol which enables a secure data exchange between users and the System through an online login interface. You can also access the System through mobile apps available on iOS, Android and MS Windows Phone platforms through a login interface. For accessing the System, other than through mobile apps, where access data is entered during the initial activation, and in situations when data has been deleted, System users need to enter appropriate access data which enable their identification and authentication.
3 Users
3.1. Types
In any legal or natural entity established or residing in the Republic of Croatia or abroad that is legally entitled to use the System or System data can become a system user (hereinafter: System Users). For the purposes of system usage, all the users need to provide a valid personal identification number (PIN) issued by the Tax Administration of the Ministry of Finance of the Republic of Croatia. Depending on their individual rights and obligations, the following persons are considered System Users:
- GPZO as System owner and administrator
- Gas customers from the category Public gas supply service (Households),
- Gas customers from the category Companies,
- Tenant representatives in buildings with communal boiler rooms and companies authorized by the tenants (only web access to the System is enabled) and
- Other System Users, depending on their legally defined tasks and requirements of tracking data processed in the System.
3.2 Entering data on System User
Data on System Users, communal boiler rooms and gas customers is entered in the System. Data on gas customers is entered in the system on the basis of using the public gas supply service in accordance with the valid legislation. Each user of the public gas supply service is uniquely identified by PIN. Entry of data in the System is obligatory.
Obligatory data for each tenant representative is entered by GPZO. Any subsequent change of data on System Users constitutes data entry within the meaning of this item.
3.3 User accounts
Each System User, defined by an individual PIN, has the right to one user account. GPZO has the authority to edit all such System User data and is also authorized to edit data in the case of Communal boiler rooms where editing has not been made available to the Tenant representative or to another System User who would otherwise be legally obligated to do the editing.
Responsibility for using the user account always lies with the System User who is registered as the holder of the user account, unless it is proven that the System was accessed by a third party due to an oversight not made by the System User.
4 Creating user accounts
4.1. Authorization for creating an account
User accounts are created by System Users exclusively, and are disabled either by the System Users or by GPZO. User account for a tenant representative is created and disabled by GPZO. Exceptionally, when required for proper System functioning, GPZO can create a user account for any System User, regardless of their function.
4.2 Reason for creating an account
User account is created for each System User/contractual natural gas customer specified in the item 2.1. of these Terms and Conditions for the purpose of enabling access and usage of System by the customer.
4.3 Ways of creating an account - registering
User account is created after entry of gas customer’s access data in the System. Access data consists of the customer’s
user name (e-mail), name, surname, customer code, gas meter number, PIN and a verification element confirming that a human is accessing the System, rather than a machine - a colour-matching visual check.
4.4 Assigning access data
System User who created the user account may assign access data for the user account to another System User - a natural person authorised to represent the System User in accordance with valid regulations, or a person holding an adequate power of attorney for acquiring access data, granted by the System User who created the user account.
Granting a power of attorney for acquiring access data does not exempt the System User from the responsibility of completing his data and all other responsibilities arising from using the My Account System (e.g. responsibility for damage, for personal data protection, for accuracy and authenticity of data which is entered in the My Account System, in the name and for the account of the System User, and responsibility for proper usage of the My Account System in accordance with the Terms and Conditions etc.).
5 Administration of user accounts
5.1. Administration authorizations
Administration of user accounts encompasses all the actions directed to changing data regarding user account or access to the user account, e.g. System User data change, change of user account authorizations and alike.
For administration actions that are not exclusively performed by GPZO, authorization belongs to System Users or persons authorized for using the System. System records any activity of administering user account in such a way that it records time of such activity and the identifier of the person who performed the aforementioned activity.
5.2 Administration method
Administration is performed by directly changing and entering data in the System while using access data associated to the user account that is being administrated.
6 Disabling user accounts (User deactivation)
6.1. Authorizations for disabling an account
User accounts are created by System Users exclusively, and are disabled either by the System Users or by GPZO. User account for a tenant representative is created and disabled by GPZO. Exceptionally, when required for proper System functioning, GPZO can create a user account for any System User, regardless of their function.
6.2 Reason for disabling (deactivating) an account
System User independently and unconditionally decides on disabling his account. Reason for disabling a user account can be one’s inability to use the service in a way that is prescribed by these Terms and Conditions or one’s (System User’s) own decision (e.g. System User ceased to exist or the circumstances determined as a basis for obligatory System usage no longer apply).
6.3 Method for disabling an account
User account can be disabled by the person authorized for disabling an account.
6.4 Data on disabled accounts (deactivated System Users)
Data on disabled user accounts, i.e. data on deactivated System Users is saved in the System. In case it is needed to recreate a user account, i.e. reactivate System User, provisions of these Terms and Conditions on entering data on System Users, i.e. on creating user accounts will be implemented appropriately. For recreating a user account, i.e. reactivating System Users, data saved in the System will be used, they will need to be updated at the moment of recreating, i.e. reactivating.
7 Identification and authentication
7.1. Identification
System User identification or identification of the person authorized for using the System via user account is performed by using a user name. Customers use one of their e-mail addresses as a user name.
7.2 Authentication
System User authentication or authentication of the person authorized for using the System via user subaccount is performed by using a password. Initial password is assigned to the System Users when opening a user account. System Users can change the password that was assigned to them at any time.
8 System data
8.1 Data types
Data collected and processed in the System is obligatory. Collecting obligatory data is based on the valid regulations regulating business activities of GPZO. Collecting obligatory data is a prerequisite for using the features available to System users. The following data types are collected and processed via the System:
- Data on System Users,
- Financial data and calculations,
- Basic information and System parameters,
- Data on tenant representatives in buildings with communal boiler rooms,
- Data on communal boiler rooms and
- Other data.
8.1.1. Data on System Users
Data on System Users comprises of obligatory contractual data on natural or legal entities with the ability to use the System. Obligatory data on System Users is prescribed by the valid legal regulations and is used for the purpose of identifying System User, determining the category the System User belongs to and for determining authorizations for entering and accessing data. Certain data on System Users can be considered as personal data within the meaning of the valid regulations.
8.1.2. Financial data and calculations
Financial data and calculations consist of System data for calculation and charging gas consumption by GPZO. The aforementioned data can be downloaded and viewed in the System. Financial data generated by the System is generated on the basis of data on System users, other data entered by users or tenant representatives and data on payment transactions, with the application of specific parameters and calculation methodology prescribed by the valid regulations.
8.1.3. Basic information and System parameters
Basic information and System parameters consist of data intended for proper System operation, which includes correct calculations and records of other data. Basic information and System parameters are based on valid regulations and standards.
8.1.4. Other data
Other data consists of data generated by the System and data entered by the System Users, depending on their authorization. Such data serves to inform other System users on their obligations and methods of using the System and System data, topics regarding business activities of GPZO and other data which serves to inform the System User.
8.1.5. Data on tenant representatives in buildings with communal boiler rooms
Data on tenant representatives consists of obligatory data. Obligatory data on tenant representatives is prescribed by valid regulations. Data is used for the purposes of obligatory gas meter submission for individual tenants and for the purpose of calculating their individual consumption. Certain data on tenant representatives can be considered as personal data within the meaning of the valid regulations.
8.1.6. Data on communal boiler rooms
Data on communal boiler rooms consists of obligatory data. Obligatory data on communal boiler rooms serves to enable a safe access to the system and to implement its monitoring. Certain data on user accounts can be considered as personal data within the meaning of the valid regulations.
8.2 Data access
The following persons are authorized to view data on System users:
- System administrator,
- System Users for their own data,
- Tenant representative for data on tenants in the buildings in which s/he acts as tenant representative,
- Competent public bodies in accordance with legal obligations and requirement of monitoring data processed in the System, on the basis of public competence or at their request, accompanied by an explanation of the purpose for allowing access.
The following persons are allowed to edit data on System Users:
- GPZO,
- Competent public bodies in accordance with legal obligations and need to monitor data processed in the System, on the basis of public competence or per personal request and along with the explanation of the purpose for allowing the access.
Overview of data on user accounts:
- System Users for own user accounts,
- Tenant representatives for data on gas customers in the building/s in which he is the tenant representative,
- GPZO for all the user accounts Overview of data on user accounts does not include the right to see the passwords.
The following persons are allowed to edit data on user accounts:
- GPZO,
- System Users,
- Tenant representatives.
The following persons have the overview of financial data and calculations:
- GPZO,
- System Users for own gas meters,
- Competent public bodies in accordance with legal obligations and requirement of monitoring data processed in the System, on the basis of public competence or at their request, accompanied by an explanation of the purpose for allowing access.
The following persons are allowed to edit financial data and calculations:
- GPZO - on the basis of a written and explained request of the System User or on the basis of publicly available data or another public or other equivalent document.
Basic information and System parameters:
- Viewing and editing of basic information and parameters of the System is allowed to GPZO exclusively.
Other data:
- Viewing of other data is allowed to System Users for whom such data is intended and to GPZO. Editing of other data is allowed to System Users authorized for entering such data and to GPZO.
By way of derogation from the abovementioned provisions, viewing and editing of any data can be allowed to a third party on the basis of legally valid or enforceable decision of the court or another public body.
In the aforementioned case, persons usually authorized for accessing and/or editing data are obligated to give such person appropriate assistance in enforcing the decision and to temporarily create a user account with the accompanying authorizations for the appointed person, for the purpose of such enforcement.
8.3 Limiting data access
GPZO can temporarily prevent any System User from accessing certain System data or limit their user account usage:
- if it becomes evident that the System User misused the System, accessed or tried to access the System without authorization or edited or tried to edit data processed in the System,
- if it becomes evident that the user account is not being used by the person who has been assigned the said user account,
- if a System User or a person assigned the user account used the data from the System in an unauthorized way, or violated personal data protection regulations, where such violation was verified by the body responsible for personal data protection or another public body,
- if a System User or a person assigned the user account has limited legal capacity, but where the legal representative has not given a proper consent,
- if a System User or a person assigned a user subaccount no longer has the authorizations entitling such person to use the System,
- if a System User or a person assigned the user subaccount provided false information or provided third party information without being properly authorized to do so, and
- if there is reasonable doubt that the System is being used by a third party who is not properly authorized to use the System via the user account.
For the purpose of protection of data managed by the System, limiting data access will be performed at the discretion of the authorized professional services of GPZO, on the basis of inspecting the data on activities in the System, publicly available data, public or personal documents, as well as other data indicating the existence of any of the aforementioned circumstances which could cause unauthorized access, editing or using of data considered to be personal information or creating distorted statistical and financial data generated by the System.
In the event of having to limit user access, GPZO will, directly or through public bodies, notify the relevant System User on the actions undertaken by GPZO, and in cases where limitation is not based on publicly available information or on a public document or personal document equivalent to a public document, GPZO can ask the System User to make a statement.
When limiting access to a System User or a person assigned a user subaccount, where such limitations affect the fulfilment of System User’s obligations prescribed by valid regulations, GPZO will, if possible in that individual case, enable that the System User fulfils his obligations in another appropriate way.
8.4 Data accuracy and authenticity
System User is obligated to check the accuracy and authenticity of the data entered in the System that pertains to him. System User is obligated to check the accuracy and authenticity of the data entered in the System by using access data of such System User, i.e. on the basis of his user accounts, regardless of the fact whether the System is accessed through an online login interface or not.
System User undertakes to notify GPZO about any changes or noticed errors in data entered in the System, relating to user data or authorizations of such System User, and to do that immediately upon occurrence of such change or noticing of error, with submitting of appropriate proof of such change or error within 8 days. Where data needs to be changed or an error has been noticed which the System User is allowed to edit on his own, the User is obligated to enter the relevant changes in the System or to correct the errors immediately after occurrence of change or noticing of an error, and, in any case, within no more than 8 days. If the System User does not act accordingly, he will be responsible for all the damage and all the potential obligations that arise or could arise on the basis of the fact that the entered data was not changed or was not correct.
8.5 Data appropriateness
Data entered in the System has to be appropriate, i.e. such data must not:
- contain false or incorrect content or be intended to cause an average user to perceive a specific fact in a way which does not correspond to the real situation,
- encourage or promote hate, violence, abuse, racism, sexism, religious and political intolerance, violation of rights and values prescribed by the constitutional law of the Republic of Croatia and adopted international conventions and/or treaties or encourage or promote activity of organizations/groups known to violate or encourage violation of such rights and values,
- encourage or promote exploitation or profiteering at the expense of other be intended for causing shock or abhorrence,
- contain morally inappropriate content.
System User is obligated to ensure accuracy and authenticity of the data entered in the System by using access data of such System User, i.e. on the basis of his user accounts. System User will be held solely responsible for entering of any inappropriate data entered in the System by using access data of such System User, i.e. on the basis of his user accounts.
8.6 Data transfer and processing
Personal, statistical and financial data relating to a specific System User or specific building cannot be published, or disclosed or transferred to other System Users or third parties, without the consent of the System User involved or the Submitting Entity to whose building the statistical data relates, except when such publishing or disclosing is prescribed by valid regulations or when other System Users or third parties have the right to inspect such data on the basis of valid regulations. All other data can be published in accordance with valid regulations or transferred to other System Users and third parties if necessary.
9 Responsibility for using the System
9.1 Responsibility of System User
System User and any third party granted a power of attorney by the System User to use the System in his name and for his account is responsible:
- for acquiring and using access data,
- for using and managing the user account,
- for editing System data, depending on editing authorization and obligation to enter such data,
- for fulfilment of obligations in a way and within the time limits prescribed by valid regulations,
- for ensuring accuracy, authenticity and appropriates of data which the System User is authorized to enter or edit,
- for protection of personal data used to accesses the System,
- for any damage arising from actions that violate valid regulations and/or these Terms and Conditions of Use,
- System User is responsible for all actions that the System User personally performed or failed to perform
- for any actions performed in the System by a third party authorized by the System User by virtue of a power of attorney to use the System in his name and for his account, or for such person’s failure to perform any action in the System
- for System access, such third party and the System User are held jointly responsible.
9.2 Exemption from responsibility
The fact that a System User granted a power of attorney to a third party to use the System in his name and for his account does not exempt the System User from his responsibility to fulfil his obligations as prescribed by valid regulations as well as any other responsibilities arising from using the System. A System User or a third party granted a power of attorney to use the System in his name and for his account can be exempt from responsibility only if they prove that their improper use of the System or their performing of an action (or failure to perform it) was a result of:
- force majeure,
- unlawful action which was beyond reasonable control of the System User or third party granted a power of attorney to use the System in his name and for his account, where such unlawful action has been identified as such by a legally valid decision of a competent public body,
- coercion, fraud or misleading of the System User or third party granted a power of attorney to use the System in his name and for his account, where such coercion, fraud or misleading has been identified as such by a legally valid decision of a competent public body.
Where the System User or third party granted a power of attorney to use the System in his name and for his account proved that there is good reason for exemption from liability, GPZO will take appropriate action to make a record of the relevant reason, and it will then make certain changes to the data as well as changes in the System to reflect such exemption from liability.
10 Final provisions
10.1. Severability clause
If any of the provisions of these Terms and Conditions is found to be or to have become ineffective or invalid, this will not influence the effectivity or validity of other provisions. Such ineffective or invalid provision will be replaced by a provision that is closest to the intended purpose of the ineffective or invalid provision.
10.2 Governing law
Provisions of Croatian law are applied to the rights and obligations arising from these Terms and Conditions, without regard to conflict-of-laws provisions.
10.3 Jurisdiction
For any disputes arising from these Terms and Conditions, the competent court is the court of subject-matter jurisdiction in Zagreb.
10.4 Publishing of the Terms and Conditions and method of their implementation
These Terms and Conditions, along with any amendments thereto, will be published on the web pages
www.mojracun.gpz-opskrba.hr and in mobile apps MY ACCOUNT on iOS, Android and Windows Phone mobile operating systems. They are binding for all System Users, who will be notified on their content upon their first System login, and upon each amendment of the aforementioned Terms and conditions by GPZO as the party authorized for setting up and maintaining the System.
In Zagreb, 21 October 2016.
Gradska plinara Zagreb – Opskrba d.o.o.
