Privacy and Data Protection Policy

Privacy Policy

ACCIONA MOBILITY ITALIA S.R.L. (hereinafter, “ACCIONA MOBILITY” or the “Data Controller”), pursuant to EU Regulation 2016/679 dated 27 April 2016, on the protection of individuals as regards the processing of personal data and the free circulation of said data (the “GDPR”) and, in accordance with Legislative Decree 196/2003, as amended by Legislative Decree 101/2018, provides users of the Website www.acciona-motosharing.com (hereinafter the “ Website”) and/or of the respective mobile application (hereinafter the “APP”), with the Privacy Policy applicable to the processing of their personal data.

ACCIONA MOBILITY informs the users of its Website and of the APP (hereinafter the “Users”) that their personal data may be acquired for related processing only if said data is suitable, relevant and not excessive in relation to the specific scope and explicit and lawful purposes for which they were gathered. Users expressly authorise the company ACCIONA MOBILITY to process the personal data provided by said Users within the scope of the purposes specified therein, in accordance with the terms and conditions set forth in this Privacy Policy.

ACCIONA MOBILITY shall adopt the technical and organisational measures necessary to guarantee the security of the personal data contained therein in order to prevent their modification, loss, unauthorised processing and access due to the condition of the technology, the type of data and risks to which said data are exposed. Users may also check the presence of the SSL certificate by checking the properties of the Website in their browser. To this end, Users will be required to check its features in the Legal Notice section.

This policy specifically applies to personal data relating to Users of the Website and/or APP, obtained by ACCIONA MOBILITY and/or disclosed to the latter whilst said Users browse the Website and/or use the APP, register on the Website and/or on the APP, browse ACCIONA MOBILITY’s social networks and use the motosharing service provided by the Data Controller in accordance with the “General Terms and Conditions of Vehicle Rental (Motosharing)” (hereinafter the “Service”).

The Cookie Policy also forms an integral part of ACCIONA MOBILITY’s privacy policy.

Any amendments made to the Privacy Policy and to the administrative procedures on data processing shall be duly disclosed and published by ACCIONA MOBILITY on its Website and on the APP. We therefore ask Users to check it regularly.

Users are solely responsible for the truthfulness and lawfulness of the personal data provided.

Who is the data controller for the processing of personal data?

Users may submit any personal data-related queries to the following email address: protecciondedatos.accionaservice@acciona.com

How and when are Users’ personal data gathered?

We gather and receive users’ data when they access the Website and/or APP, as well as whilst said Users use the Service. When using the Service, the geolocation of scooters is also used (by means of a device installed on said scooters), which also inevitably also involves the geolocation of User using the Service.

Users’ personal data may also be gathered if said Users contact our User Support Centre (CAU, for its acronym in Italian) or the Customer Support Service (SAC, for its acronym in Italian) electronically or by telephone or if Users interact with us by filling in the forms and questionnaires that can be found in the various sections of the Website, intended for submitting requests for information, questions, requests for registration, supply of services, etc.

Personal data is sometimes provided to us directly by Users when signing up for our Newsletter or news bulletin, when they contact us through the appropriate channels, complete surveys, subscribe to our social network profiles or interact with us through these profiles by commenting, giving their opinions and/or by sharing the content published on each individual profile.

In other cases, personal data are acquired indirectly from Users for purely statistical purposes, so that we can analyse the use of our Website (please see our Cookie Policy) and APP or to provide Users with added value services, such as our scooter location map.

The processing of the personal data of data subjects who become followers of ACCIONA MOBILITY on social networks, or those who subscribe to the Website through social networks will be governed by our privacy policy, including our Cookie Policy, as well as by the rules governing access to and the use of the social networks in question.

What types of personal data concerning Users will be gathered?

ACCIONA MOBILITY may obtain the following types of personal data concerning Users:

 

What are the purposes for processing Users’ personal data?

Users’ personal data will be gathered and processed for the following purposes:

Fulfilling the agreement and legal obligations

Commercial, marketing and profiling purposes

Geolocation

Defending a right in court and legitimate interest of the Data Controller

What is the legal basis for the processing of Users’ personal data?

The legal basis for the processing of Users’ personal data varies according to the purposes for which said data are gathered. Specifically:

The sections of the forms marked with an asterisk (*) on the Website and on the APP must necessarily be completed in order to be able to process the request or assess the information that Users intend to provide us with. In addition, following the non-acceptance of the installation of cookies, it will not be possible to activate the Website's analysis service nor to display the map relating to the location of our offices, local branches, etc.

For how long will ACCIONA MOBILITY retain Users’ personal data?

In general, data will be retained for the time necessary to achieve the purpose for which they were gathered, provided that Users do not exercise the rights of erasure and/or cancellation to which they are entitled. Data will also be retained in accordance with the fulfilment of the legal terms referred to in the currently applicable regulations.

In the event of termination of the contractual relationship with Users, their personal data will be retained by the Data Controller in accordance with the time limits required by law and, in any case, for a period of time not exceeding 10 (ten) years of the date of termination of the agreement, in order to enable ACCIONA MOBILITY to defend itself against claims made in relation to said agreement. After this period of time, personal data will be deleted or will be made anonymous.

To which recipients will Users’ personal data be disclosed?

Depending on ACCIONA MOBILITY’s activity, data may be disclosed to the bodies listed below:

The shareholder structure of the ACCIONA Group can be consulted at any time in the specific section of the Website, at www.acciona.com/es/accionistas-inversores/informacion-financiera/cuentas-anuales/

Furthermore, in the event that Users have given their optional consent for one or more of the aforementioned purposes, their personal data may also be disclosed by ACCIONA MOBILITY to the following categories of subjects:

The updated list of Data Processors can be requested by Users at any time.

Lastly, based on the roles and work duties performed, Users’ personal data may be made known to the Data Controller’s employees and/or partners previously appointed as subjects authorised to process data, in accordance with the provisions of Article 2-quaterdecies of Legislative Decree 196/2003 and subsequent amendments and additions, who may process said data within the limits of their competence and in accordance with the instructions given to them by the Data Controller.

To which rights are Users entitled?

Users may exercise the rights of access, rectification, erasure, portability and limitation of objection by writing toprotecciondedatos.accionaservice@acciona.com ensuring that they attach a copy of their identity document or other identification document.

In addition, in the event of data processing based on the consent given by Users, the latter will be entitled to withdraw the consent given at any time by sending a request to above address, without affecting the lawfulness of the processing performed on the basis of the previously expressed consent.

However, it should be noted that, in the event of a request for limitation of the processing of the data provided, objection to their processing, erasure of said data or withdrawal of consent, ACCIONA MOBILITY may reserve the right to retain certain personal data of Users to the extent that may be necessary to fulfil the agreement, to comply with legal obligations or to protect a legitimate interest of the Data Controller. Lastly, pursuant to Article 77 of the GDPR and Article 140-bis et seq. of Legislative Decree 196/2003, the User is entitled to file a complaint with the Italian Personal Data Protection Authority, by following the procedures published on the Authority’s official website (www.garanteprivacy.it).

The exercise of the rights provided for by the GDPR is not subject to any form of constraint and is free of charge.

Last update: December 17, 2019