1. Who we are?
3. Obligation to provide the personal data
Data requested in the forms of the Platform are in general mandatory in order to meet the stated purposes (unless the required field specified the opposite).
Therefore, if these are not provided or are not provided correctly, ZOO MOBILITY won’t be able to properly provide its services.
4. With what purpose will the personal data of the user be processed?
The personal data provided through the Platform will be processed by ZOO MOBILITY, according to the following purposes:
5. What is the legitimacy of the processing of the User's data by ZOO MOBILITY?
The lawfulness of the processing of the personal data will be the following:
7. To whom will the User's data be disclosed?
Your personal data may be disclosed to:
8. International data transfer
ZOO MOBILITY does not intend to transfer Users' personal data to a third country or international organization. However, in the event that this is the case, the Users will be expressly informed of this circumstance, indicating them the existence or absence of a decision of adequacy by the Commission, or the adequate guarantees and the means to obtain a copy of these.
9. Retention of Personal Data
The User's data will be kept during the following periods:
In any case, ZOO MOBILITY will duly block the personal data of the Users, not having access to the same from the moment in which these cease to be necessary to comply with the purpose for which they were collected, being only treated in the event that this is required by the competent judicial or administrative authority in the cases expressly established in the Law.
Functionalities of ZOO MOBILITY’S Platform may use geolocation when the device logs on to it or in which it is installed (e.g. smartphone).
The User may directly disable this option in the device or browser itself, however, deactivation of this option may restrict the use of some of the features of the Platform, which may not work properly.
11. Responsability of the user
12. Exercise of rights
- Revoke the consents granted.
- Obtain confirmation as to whether ZOO MOBILITY is processing personal data related to the User or not.
- Access his/her personal data.
- Rectify inaccurate or incomplete data.
- Request the erasure of your data when, among other reasons, the data is no longer necessary for the purposes for which they were collected in the first place.
- Obtain from ZOO MOBILITY the restriction of the processing of the data, if any of the conditions stipulated in the data protection regulation is fulfilled.
- Request the portability of your data in the situations set forth in the applicable regulations.
Likewise, the User may lodge a complaint to the Spanish Agency for Data Protection, C/ Jorge Juan 6, 2800 Madrid, if he/she considers ZOO MOBILITY has violated the rights which are recognized in the applicable data protection regulation.
13. Security Measures
ZOO MOBILITY will process the User’s data at all times in an absolutely confidential manner and keeping the mandatory duty of confidentiality, in accordance with the provisions of the applicable regulation, adopting the necessary technical and organizational measures to guarantee the security of your data and avoid its alteration, loss, unauthorized processing or access, taking into account the state of the art, the nature of the stored data and the risks to which they are exposed.
15. Acceptance and understanding
15. Electronic contracting
In compliance with the provisions of Article 23 of Law 34/2002, of 11 July, on information society services and electronic commerce, contracts celebrated by electronic means will produce all the effects foreseen by the legal system, when the consent and the other requirements necessary for their validity have been met.
In any case, the electronic support in which the present Terms and Conditions celebrated by electronic means are recorded shall be admissible as documentary evidence in the event of a dispute between the parties.
For these purposes, it shall be understood that the monitoring of all the phases of the purchase process and, where applicable, the payment of the corresponding economic amount, necessarily imply the provision of the consent required for contracting.
Similarly, and in accordance with the provisions of Article 27 of Law 34/2002, on information society services and electronic commerce, is made available to Users, prior to the start of the contracting procedure, all information relating to it, which will only apply if the User decides to proceed with the contracting through the Platform.
The parties undertake to fulfill their legal and contractual obligations arising from this contract.
The parties shall be liable for the infringements they have personally committed, being the opposing party indemnified against any error, fault or negligence not attributable to it, and for any damage resulting from such infringements or errors attributable to the other contracting party. In any case, it will be the responsibility of the User the possible infractions incurred in the course of time between the stop or parking of the vehicle, until the effective collection of the same by another user.
It is understood that ZOO MOBILITY is configured as an information society services provider, with the corresponding liability limitations that this implies. In the events permitted by the applicable legislation, ZOO MOBILITY exempts itself from any obligation and/or responsibility that, for such concept, may correspond to the User or to any other third party when the vehicle is in its custody.
In no event shall ZOO MOBILITY be liable for any damage or breakdown arising in the vehicle attributable to the User, nor for any damage that may result from force majeure being, but not limited to, fire, water or natural disasters.
17. Confidentiality and data protection
18. Term and modifications
ZOO MOBILITY may terminate the contract when it detects an unauthorized use, or allegedly unauthorized, of the offered service, either by breaching these Terms and Conditions or for any other objective reason. If ZOO MOBILITY exercises this right, it will not take on any obligation or responsibility, nor will it return to the User the amounts previously paid.
The User may terminate these Terms and Conditions at any time by withdrawing from the Platform. However, the obligations that may remain in force after the time of resolution will continue to bind both parties as set forth.
However, ZOO MOBILITY suggests periodical checking of these Terms and Conditions, as they may be subject to change. If such modifications are made, previous notice will be given for acceptance or rejection. It will be considered that you expressly accept such modifications or updates if you place a new order through the Platform. If accepted, the modification and entry into force of the new contract will fully replace the conditions in force between the parties to take effect on new purchases or reservations made from the date of acceptance of the new conditions.
19. Saveguard clause
All the clauses or extremes of the present Terms and Conditions must be independently and autonomously interpreted, and the rest of the stipulations will not be affected in the event that one of them has been declared null and void by means of a judicial decision or a final arbitration resolution. The clause or clauses affected will be replaced by another one or others that preserve the effects pursued by the Terms and Conditions of the Platform.
20. Applicable law and competent jurisdiction
The regulations in force will determine the laws that should govern and the jurisdiction that should know the relationship between ZOO MOBILITY and the Users. However, in those cases in which the current legislation provides the possibility for the parties to submit to a particular jurisdiction, ZOO MOBILITY and the User, expressly waiving any other jurisdiction that might correspond to them are subject to Spanish law and the Courts and Tribunals of the city of Madrid.
In order to file complaints regarding the services provided by ZOO MOBILITY, you may send them via email to the email address or to the Registered Office address which can be found in the Identification section at the beginning of this document, and ZOO MOBILITY undertakes to seek an amicable solution to the conflict.
Likewise, in accordance with the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, relating to the resolution of online disputes in the field of consumer affairs, in the event of a dispute, if the User so wishes, he may resort to the "Commission's Dispute Resolution Platform" to try to resolve out of court any dispute arising from the provision of the Services by ZOO MOBILITY.
Through the following link, the User may send his/her complaint to a litigation body authorized by the Commission: http://ec.europa.eu/consumers/odr/