1.- Which is the company responsible for the processing of the User’s data?
The company responsible for the processing of the personal data of the User is EUSKOOTERS MOBILITY, SL, (hereinafter, “EUSKOOTERS“), with registered office in Gran Vía de Don Diego Lopez de Haro 56 Offices – Entreplanta D2, 48011 Bilbao, and provided with NIF B-95946513, and registered in the Commercial Registry of Vizcaya in Volume 5835, Folio 66, Sheet number BI-72969.
We inform you that the ownership of the App and the Website’s domain corresponds to EUSKOOTERS.
2.- Recommendations about the Website and App
The User must read carefully and follow the following recommendations related to the access and use of the Website and the App:
- The User must activate parental control in order to prevent and control the access of minors to the Internet and inform minors about aspects related to security.
- The User must keep installed antivirus software on his computer, duly updated, which guarantees that it is free of malicious software, as well as spyware applications that put your Internet browsing at risk, and compromise the information stored on the computer.
3.- Why is EUSKOOTERS legitimized to carry out the processing of the User’s personal data?
The personal information of the Users is kept securely and is processed with the utmost care and diligence on the part of EUSKOOTERS, complying in full with the provisions of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and Council, of 27 April of 2016, relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data (hereinafter, “GDPR“) and Organic Law 3/2018, of December 5, of Protection of Data and Guarantee of Digital Rights, as well as in the applicable and current regulations at all times.
4.- Which are the purposes of the processing of User’s personal data by EUSKOOTERS?
In accordance with the provisions of the RGPD, we inform you that the personal data provided by Users to EUSKOOTERS through the Website and the App will be processed with the purposes listed below:
- Contact and request for information. The processing of the personal data that the User provides to EUSKOOTERS through the contact form of the Website will be done in order to adequately respond to the request for information or collaboration received by EUSKOOTERS. That is, said data will be processed in order to be able to provide such service available on the Website (Art. 6 [1.f] GDPR).
- Use of the e-scooters kicksharing service through the App. The processing of personal data that the User provides to EUSKOOTERS through the App will be carried out in order to enable the provision of the services provided by EUSKOOTERS through it. Without these data, the correct provision of these services would not be possible and the User would not be able to use them. Users who choose to use the kicksharing service offered by EUSKOOTERS, provide through the App (and therefore, from our payment processors) their data in order to carry out the corresponding transaction, such as name and surname, email, mobile phone number, credit card information, PayPal user account, etc. The transaction data may be processed by EUSKOOTERS in order to provide the services, confirm the identity of the User and maintain the appropriate records of said transactions. These data are used in order to provide our services to you. The processing of this information is necessary, therefore, to fulfill the contract that we enter into with you, at your request and in compliance with the Terms and Conditions of the service (Art. 6 [1.b] GDPR). In addition, this information must be kept to comply with accounting and tax regulations (Art. 6 [1.c] GDPR).
- Marketing. Likewise, in the event that the User gives express consent through the corresponding opt-in enabled both in the form of the Website and App, EUSKOOTERS may process the personal data provided by the User through them to send them news, notifications of activity and commercial communications related to EUSKOOTERS services via email, App or through other equivalent electronic means of communication. The legal basis for this data processing is your consent (Art 6 [1.a] GDPR). Notwithstanding the foregoing, the User may revoke his consent in each commercial communication sent to him, and at any time by request to the following email address: firstname.lastname@example.org
- Customer support information. We may process the information you send us in order to provide you with the support you require. If you contact us for this purpose through the mechanisms available to provide this service (SOS button on the App, contact form on the Website, communication through the EUSKOOTERS contact channels – email and / or telephone address-), we can use the data of your User account, those that you provide at the time or, where appropriate, those of the corresponding transaction in order to resolve your case. The processing of this information is necessary to correctly comply with the provision of our support services or customer service and is also based on our legitimate interest to manage your requests and resolve the corresponding incidents, such as incidents of collection, theft or loss of the scooter used, accidents, operating problems with the Application, etc. . (Art. 6 [1b and f] GDPR). The legal basis for processing this information is that it is required for the correct provision of our services and, therefore, for compliance with the Terms and Conditions that govern them (Art. 6 [1.b] GDPR), as well as in our legitimate interest to communicate to you important information about your account and transactions carried out through the Website and App (Art. 6 [1.f] GDPR).
EUSKOOTERS does not transfer your personal data to third parties or make international transfers of them.
We can share information with third parties exclusively in the following circumstances: (1) with a service provider that complies with our data protection standards and that will be in charge of the treatment, in order to be able to correctly provide our service; (2) when required by law, by virtue of a subpoena or other legal procedure; (3) to protect vital interests, when we have reason to believe that doing so will prevent harm to third parties and / or illegal activities (GDPR, Art. 6.1, sections b, c and d).
EUSKOOTERS takes the protection of the personal data of its Users very seriously, for which it commits itself to process them in an absolutely confidential way and to use them only for the indicated purposes.
The Application has a geolocation system whose main purpose is to know the location of both the e-scooters owned by EUSKOOTERS and that of the User, in an anonymized manner, in order to provide the services offered through it and enable continuous improvement thereof.
Since the Application contains an integrated navigation system that indicates to the Users where to travel in VMP in accordance with current regulations, the foregoing is necessary so that the User himself can see where he is going on the map, how far the points of tourist interest are, which is the most suitable route from the location to the desired destination and how long it would take by e-scooter, etc.
In addition, by having the location permissions active, the User can see how far the e-scooters are from the point where they are, and which is the closest to their location of those found in the different rental points of the service. If the User does not activate the location permissions, he cannot see the closest scooters and, therefore, he is not allowed to use the service since he could not access (nor, therefore, unlock) any of them.
Likewise, the purpose is to allow a more precise traceability of routes than the GPS device of the scooter, both to be able to attend and resolve incidents and to be able to perform anonymous statistics on the busiest routes (origin-destination), in order to implement a service of mobility adapted to each place. This only if necessary.
In this way, the Users can also follow their own path on the Application map to check that the path they are following is the correct one and that they are travelling through the permitted roads, without exceeding the friendly circulation areas and the authorized perimeter.
The activation of the location permits by the User allows him to make correct use of all the functionalities included in the shared rental service for electric scooters offered by EUSKOOTERS.
It is necessary for the User to have the geolocation function of the mobile device activated when accessing the Application in order to use the services. If the User does not have geolocation activated at the time of use it, they will be asked to activate it.
6.- Veracity of the data provided by Users
The User guarantees that the personal data provided are true and is responsible for communicating to EUSKOOTERS any modification of the same. The User will respond, in any case, for the veracity of the data provided, reserving EUSKOOTERS the right to exclude from the registered services all Users that have provided false data, without prejudice to the other actions that proceed in Law.
It is recommended to have the utmost diligence in terms of Data Protection through the use of security tools, not being able to hold EUSKOOTERS responsible for theft, modification or loss of illicit data.
7.- How does the User revoke their consent and exercise their rights?
Without prejudice to the administrative appeals or the corresponding legal actions in each case, the Users shall have the right to file a claim with the competent Control Authority, in particular, that of the Member State in which the User has his habitual residence, place of work or where the alleged infraction has taken place, in case it considers that the processing of their personal data is not appropriate to the regulations, as well as in the case of not seeing the exercise of their rights satisfied. The Control Authority before which the claim is presented will inform the claimant about the course and result of the claim.
8.- Security and conservation of data
EUSKOOTERS does everything in its power to prevent the use of its Users’ data in an inadequate way and guarantees that only authorized personal data will be able to access it.
EUSKOOTERS maintains adequate security of personal data protection in accordance with the regulations applicable at all times, and has established all technical and organizational means at its disposal to prevent loss, misuse, alteration, unauthorized access and theft of data Users provide through the Website, without prejudice to inform you that security measures on the Internet are not impregnable.
EUSKOOTERS undertakes to comply with the duty of secrecy and confidentiality with respect to personal data in accordance with the applicable legislation at all times.
When registering as a User in the App, a password must be chosen. The User is responsible for maintaining the confidentiality of this password, as well as for all activities that occur in the session started with his name and password. The User agrees to notify EUSKOOTERS as soon as possible of the unauthorized use of their Username and / or password or any other possible security failure. EUSKOOTERS will not be responsible for any damages or losses that may arise due to the breach of this obligation by the User.
EUSKOOTERS may keep your personal data when such retention is necessary to comply with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person.