Privacy Policy – Private Sharing

PRIVACY POLICY

Identity:

The e-bike and electric scooter rental service via the “Business Sharing” App is provided by the company COOLTRA MOTOS, S.L.U hereinafter, referred to as “Cooltra”, with registered address in Barcelona, C/ REINA CRISTINA, Nº 2, 2º, 2ª, 08003, and with Company Tax Code B-64146632. Locally, the Business Sharing service is provided and the rentals are formalized with the Cooltra subsidiaries listed below and in the Business Sharing Service General Terms and Conditions of use.

The Business Sharing service, hereinafter, referred to as the “Service”, may be provided directly by Cooltra to end users or with the intermediation of a third party, hereinafter referred to as the “Broker”, who shall be responsible for offering the Service to users, and for some procedures relating to the same (namely: invoicing, incidents, etc.). When the Service is offered by a Broker, the identity of said Broker shall be established in the Service General Terms and Conditions of Use.

Postal Address: C/ Reina Cristina, 2, 2-2, 08003, BARCELONA

Email: rgpd@cooltra.com

Data Protection Officer: AURIS ADVOCATS

DPO Contact: Xavier Saula Adell. Calle Mallorca 237 bis Ppal 1.A. Barcelona (Spain). Web: www.aurisadvocats.com. E-mail: xavi@aurisadvocats.com.

COOLTRA MOTOS SLU, as the data controller for the App pursuant to the provisions established in Regulation (EU) 2016/979 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and other applicable data protection regulations, and any other regulations concerning the processing of data, files and freedoms, hereby informs you that it has implemented the necessary technical and organisational security measures in order to ensure and protect the confidentiality, integrity and availability of the data entered.

COMPANIES ASSOCIATED WITH THE COOLTRA GROUP

	Name	Company Tax Code	VAT Number	Company Address	Fiscal Address
SPAIN	COOLTRA MATRIZ SL	B-67123356	ES67123356	Reina Cristina 2, 2º 2ª, C.P. 8,003 Barcelona	Reina Cristina 2, 2º 2ª, C.P. 8,003 Barcelona
	Cooltra Inversion Motos SL	B-67131797	ES67131797	Reina Cristina 2, 2º 2ª, C.P. 8,003 Barcelona	Reina Cristina 2, 2º 2ª, C.P. 8,003 Barcelona
	Cooltra City Services SLU	B-67202036	ES67202036	Reina Cristina 2, 2º 2ª, C.P. 8,003 Barcelona	Reina Cristina 2, 2º 2ª, C.P. 8,003 Barcelona
	COOLTRA MANTENIMIENTO Y TALLERES, SLU	B-65874828	65874828 ESB	Calle Lepanto 200 C.P. 8,013 Barcelona	Reina Cristina 2, 2º 2ª, C.P. 8,003 Barcelona
	Cooltra Motos Headquarter SLU	B-67202028	ES67202028	Reina Cristina 2, 2º 2ª, C.P. 8,003 Barcelona	Reina Cristina 2, 2º 2ª, C.P. 8,003 Barcelona
	Cooltra Motos SLU	B-64146632	64146632 ESB	Reina Cristina 2, 2º 2ª, C.P. 8,003 Barcelona	Reina Cristina 2, 2º 2ª, C.P. 8,003 Barcelona
	Cooltra Motosharing SLU	B-65874877	65874877 ESB	Reina Cristina 2, 2º 2ª, C.P. 8,003 Barcelona	Reina Cristina 2, 2º 2ª, C.P. 8,003 Barcelona
	Cooltra Motos Canarias SLU	B-65874919		Avda. Antonio Domínguez Alfonso, Residencial El Camisón, Local nº 8, BL. V, Playa de las Americas, Arona, 38,650 S/C de Tenerife	Avda. Antonio Domínguez Alfonso, Residencial El Camisón, Local nº 8, BL. V, Playa de las Americas, Arona, 38,650 S/C de Tenerife
FRANCE	Cooltra Motos France SARL	FR 47 811185339	FR 47 811185339	Parc des Docks, Lot 561-B 50 Rue Ardoin 93400 Saint-Ouen	Parc des Docks, Lot 561-B 50 Rue Ardoin 93400 Saint-Ouen
FRANCE	Cooltra Scooter Sharing France SARL	FR 35 897881413	FR 35 897881413	Parc des Docks, Lot 561-B 50 Rue Ardoin 93400 Saint-Ouen	Parc des Docks, Lot 561-B 50 Rue Ardoin 93400 Saint-Ouen
ITALY	Cooltra Motos Italia SRL	12731251000	IT12731251000		Via Monti Tiburtini 509 157 Rome (Italy)
ITALY	Ecooltra Scootersharing Italia SRL	2224560561	IT02224560561		Via Monti Tiburtini 509 157 Rome (Italy)
PORTUGAL	COOLTRAMOTOS, UNIPESSOAL LDA	NIPC 513,891,030		Rua da Guiné, nº 25, cave, 2685 336 Prior Velho (Portugal)	Rua da Guiné, nº 25, cave, 2685 336 Prior Velho (Portugal)
PORTUGAL	Ecooltra Scootersharing Portugal, Unipessoal LDA	NIPC: 514108614		Rua da Guiné, nº 25, cave, 2685 336 Prior Velho (Portugal)	Rua da Guiné, nº 25, cave, 2685 336 Prior Velho (Portugal)
AUSTRIA	Cooltra Motos Austria GmbH	Tax number inside Austria 09 298/7197	UID number for European Invoices ATU72553248	Neuer Markt 1 / 17 1,010 Wien	Neuer Markt 1 / 17 1,010 Wien
GERMANY	Cooltra Motos Deutschland GmbH	Steuernummer (StNr.) 5105/5808/5811	DE355650307	Theodorstr. 105 40,472 Düsseldorf	Theodorstr. 105, 40472 Düsseldorf

This Privacy Policy applies to the processing of User data by Cooltra and its Local Subsidiaries or the Broker.

The Service shall be provided locally by a Local Subsidiary of Cooltra and/or by the Broker to whom the User data required for said service shall be disclosed. The Additional Privacy Terms and Conditions indicated in section G below shall apply to each Local Subsidiary or Broker.

Furthermore, in addition to this Privacy Policy, the Terms and Conditions of Use are available on the App.

Cooltra and the Broker guarantee the protection of all the personal data provided by Users to Cooltra, to its Local Subsidiaries and to the Broker from the activation and during the use of the Service and, pursuant to the provisions established in Applicable Data Protection Laws and, in particular, in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016:

Files. All personal data provided by the User and/or collected by Cooltra through the activation, registration and use of the Service shall be included in one or more files created and maintained under the responsibility of Cooltra, duly notified to the corresponding Data Protection Authority.

Data collected and processed. Cooltra collects the following personal data:

REGISTRATION: during the process of registering as a user, Cooltra and/or the Broker collect all or some of the following data: name, surnames, email, home address, billing address, telephone number, date of birth, ID or passport, driving licence, debit/credit card.
USE OF THE SERVICE: during the use of the service by the user, Cooltra and/or the Broker collect the following data: rental start date, time and place, rental end date, time and place, route, actions performed with the vehicle sensors (seat, bicycle clamp, on/off/paused).
COMMUNICATIONS/CLAIMS: any other specific data communicated by the User during the course of the correspondence with Cooltra for the purpose of contacting and/or submitting or resolving any claims with Cooltra and/or the Broker.

Consent. By registering to use the service, the User authorises and consents to the processing of their personal data, in the terms indicated above, by marking the acceptance box located at the end of each User service registration form. The User confirms that they are at least 18 years of age and therefore they have the legal capacity required to give unequivocal consent in terms of the processing of their personal data and all in accordance with the provisions established in this Privacy Policy.

Purposes. Your personal data are collected for the following purposes:

Purpose of processing Why do we collect your information?	Lawful basis for processing your personal data
To manage rental requests and provide the Customer with the tools required to enjoy the Service.	(1) Performance of the contract
So you can register as a user or a new customer	(1) Performance of the contract
Manage our relationship with our customers, which includes: Notifying customers of any changes to our contract terms and conditions or policies.	(1) Performance of the contract (2) Fulfilment of a legal obligation
Verify your identity: In order to enjoy our services, when registering for the service, you will have to provide a “selfie” so we can verify your ID document or passport or your driving licence.	(1) Performance of the contract
Comply with legal, accounting, tax, administrative and contractual obligations related to the provision of the requested services.	Fulfilment of a legal obligation
Process the payment for the Service via the Service payment gateway.	1) Performance of the contract
In order to prepare measures aimed at mitigating credit risk exposure, including activities aimed at identifying customers/users, and their economic objective.	Our own legitimate interests and those of third parties, for example, to ensure that customers will be able to pay.
Analyse, improve and optimise the use of the Service. And to have use of a device that enables information to be collected and recorded relating to the manner in which the motor vehicle is used by drivers, and for video evidence in the event of claims.	(1) Own legitimate interest
Prepare a motor vehicle GPS tracking system and the measures to protect the ownership of the Cooltra fleet, with the aim of protecting Cooltra against any acts performed by unlawful or fraudulent third parties.	(1) Own legitimate interest
Resolve claims, incidents or queries through the channels enabled for said purpose: Contact Form, Online Chat, email and customer service telephone line.	(1) Performance of the contract
Manage scooter, motorcycle and bike rental requests.	(1) Performance of the contract
Provide the services and/or the products taken out or signed by the User.	(1) Performance of the contract
Manage our relationship with our customers, which includes: 1) Notifying them of changes, important developments relating to the privacy policy, legal notice or cookies policy. 2) Invite customers to complete a customer satisfaction survey or to rate our products/services.	(1) Performance of the contract (2) Fulfilment of a legal obligation (3) Own legitimate interest (to update our records and know the opinion of our customers regarding our products/services).
Manage and protect our business and our App. This includes identifying browsing issues, data analysis, app tests, etc.	(1) Fulfilment of a legal obligation (2) Own legitimate interest (overseeing our company, protecting our networks, preventing fraud, etc.).
Provide information to authorities or as a result of a court order.	Fulfilment of a legal obligation
Follow-up procedures for dispute resolution in line with the European Commission, in particular under the ODR platform. http://ec.europa.eu/consumers/odr/ Follow-up of user claims and procedures before Consumer Agencies (registration with identification key)	Fulfilment of a legal obligation
If the user uses the additional service to store their credit card details, or if said card has expired or the details have changed, if the user’s credit card issuing bank offers an update service for the account associated with the card, and if the user has given said bank their permission, Cooltra may obtain the updated information in order to minimise the risk of payments with the credit card being rejected if the card expires or the details change. Cooltra will receive the updated credit card details in accordance with the prior authorization you have given to the issuing bank.	(1) Performance of a contract (so Cooltra can provide the service).

Cooltra and the Broker shall not use the personal data made available by the User/Customer to provide services other than those mentioned or, if applicable, for own use or any uses other than those authorised by the owner of said data.

Users may revoke their consent at any given time by sending a written notice with the subject “Withdrawal” to rgpd@cooltra.com.

Cooltra and the Broker shall not employ SPAM tactics, therefore, they shall not send commercial emails that have not been previously requested or authorised by the User. Accordingly, in all correspondence received, the user shall be able to expressly choose not to receive our correspondence.

Cancellation of User Account. The User may, at any given time, delete their account and the data associated with the same. In these cases, Cooltra and the Broker undertake not to use said information other than for the retention obligations imposed by Data Protection Laws. The User may also cancel their payment services at any given time, without cancelling their user account. The cancellation of the payment services and the account cancellation are independent processes, with each having a specific procedure enabled for said purpose.

Data retention. Cooltra and/or the Broker shall retain User data exclusively for the duration of the contractual relationship. The duration of the relationship is indefinite. As established in section D, once the User and/or the Broker cancels the user account, Cooltra and the Broker undertake not to use said information other than for the data blocking obligations imposed by Data Protection and E-commerce Laws.

– Data retention periods

Article 5, chapter 1 letter e) of the GDPR establishes that data will be retained for no longer than is necessary for the purposes for which the personal data are processed. However, data may be retained until the prescription of the responsibilities that may have arisen from the contractual relationship. Furthermore, anonymised data shall be retained in a pre-contractual or extra-contractual manner, or if legally required, implementing the appropriate technical and organisational measures to prevent the processing of the same, including viewing said data, and the data shall solely be made available to judges, courts, the public prosecution service or public administrations.

Likewise, you are hereby informed that our data retention policies conform to the periods established by legal responsibilities in terms of prescription based on the country of origin, and in all cases, data shall be definitively destroyed once the legally required period has expired.

You shall not be subject to a decision based solely on automated processing that affects your data.

Confidentiality. Cooltra and the Broker undertake to keep strictly private and confidential and not to disclose all private and personal information we may access. The technical and organisational measures established in the data protection regulation have been implemented, based on the type of data being processed at any given time. In the collection and processing of personal data, the appropriate security measures have been implemented, in order to avoid the loss, unauthorised access or handling of the same, pursuant to the provisions established in the abovementioned regulation.

In accordance with the provisions established in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 and all other applicable Data Protection regulations, Cooltra as the party responsible for the files, hereby informs users that the personal data provided by users during their relationship with our company, including their email address and any personal data we may access during the established relationship, shall be processed in one or more of the files duly registered in the corresponding Data Protection Authority and in accordance with the provisions established in existing laws.

Assignments: Cooltra may assign User data indicated in section (B) to:

One or more of Cooltra’s Local Subsidiaries and/or Operators (entities indicated in the Service General Terms and Conditions of Use) for the purposes indicated in section (C) and, in particular for the reservation, rental, management and local provision of the Cooltra vehicle rental Service and for the issuance of invoices and the notification of offers and other local promotions.
Insurance companies involved in a claim in which a Cooltra vehicle is involved.
Specialised debt collection companies.
Companies contractually associated with Cooltra responsible for managing claims and traffic violations.
Third parties we need to manage our business (accountants, administrative and fiscal assistants), who are contractually associated with us via a data processing contract.
Third party companies subcontracted by us or service providers we use to provide our services. For example, payment gateway providers.

Information you provide through the application will be hosted on the Amazon webservices servers: https://aws.amazon.com/es/.

With the exception of the foregoing, there should be no other data assignments, except those established by other laws or competent public administrations. Likewise, data may be assigned in the event of the purchase of all or a substantial part of Cooltra’s assets, or the restructuring of the Cooltra corporate group. Said data assignment would be performed in strict compliance with the provisions established in the applicable Data Protection regulation.

Data Subject Rights. As data subject-user, you may send a request to exercise the following rights before COOLTRA MOTOS by writing to the postal address indicated at the top of this document or by sending an email to rgpd@cooltra.com, indicating the following in the Subject line: “GDPR, Affected rights” and attaching a photocopy of your ID document or any other similar identification document, as indicated by Law.

Rights:

Right of access: allows data subjects to know and obtain information about the categories of their personal data processed.
Right to rectification or deletion: allows errors to be rectified and inaccurate or incomplete data to be modified or completed.
Right to erasure: allows inadequate or excessive data to be eliminated.
Right to object: right of the data subject to object to the processing of their personal data and for the processing to cease.
Right to restriction of processing: entails marking the retained personal data, with the aim of restricting future processing.
Right to data portability: enables data subjects to obtain their personal data being processed, in order to transmit their data to another data controller, without impediment.
Right not be subject to a decision based solely on automated processing (including profiling): right not to be subject to a fully automatic decision that has legal effects or significantly affects the person in question.

As user, you have the right to withdraw your consent given at any given time. The withdrawal of consent shall not affect the lawfulness of the processing performed prior to the withdrawal of your consent.

If you think your data protection rights have been breached, you are entitled to lodge a complaint with the corresponding supervisory authority.

Means of communication enabled. The sole means of communication enabled between the User and Cooltra and the Broker are: fixed-line telephone, company mobile phones, corporate mail, registered address.

If you send personal information through a means of communication other than those indicated in this section, Cooltra and the Broker shall be exempt from liability in relation to the security measures offered by the means of communication in question.

Communications and Notifications. Any communication sent shall be incorporated into Cooltra’s information systems. By accepting these terms, conditions and policies and, in particular, when the User sends their personal data to Cooltra, the User expressly consents to Cooltra performing the following activities and/or actions, unless indicated otherwise by the User when entering into a contact for a Cooltra product and/or service or as a result of a subsequent revocation of the consent initially given.

The retention of data shall be governed by the periods established in applicable laws.

Language. The language applicable to this Privacy Policy is Spanish. Therefore, if there are any contradictions in any of the versions in other languages, the Spanish version shall prevail.
Changes to this Privacy Policy. Cooltra reserves the right to modify this policy in order to adapt it to legal or legislative updates.
Legislation and jurisdiction. In general terms, relationships between Cooltra and/or the Broker with Users of their services, shall be expressly submitted by the parties to Spanish legislation and jurisdiction and the Courts of Barcelona, notwithstanding any other jurisdiction to which they may be entitled in accordance with applicable laws.