WE HAVE UPDATED THE PRIVACY POLICY AND THE TERMS & CONDITIONS. PLEASE REVIEW AND ACCEPT THE NEW PRIVACY POLICY AND THE NEW TERMS & CONDITIONS.

Information pursuant to articles 13 and 14 of the GDPR – Regulation 2016/679/EU – Privacy Policy

Privacy

Wecity s.r.l., a limited liability company under Italian law with its registered office in Via Contrada 309 in Modena and VAT number 03475130369 – (hereinafter “wecity”), pursuant to the GDPR, is the Data Controller of the data collected in the course of its activities, and co-owner or external manager of that of any Clients, as specified below.

Any Data Controllers or Co-Controllers (generally the Clients) will be specified in the Co-ownership Agreement made known to the Data Subjects pursuant to Article 26, paragraph 2, of Regulation 2016/679/EU

The “Privacy Policy” described below, i.e., the practice we adopt in the Processing of personal data, intends to clarify how Wecity collects and uses certain personal information that may concern you and the rights and options that, in relation to this, you can exercise: it is an integral part of the Terms of Use (hereinafter “Terms”) and is fully reported on the website www.wecity.it (hereinafter the “Site”).

Attention: with the use of the mobile application called “wecity” (hereinafter the “App”) as well as the website (hereinafter, Site and App are collectively referred to as the “Services”), i.e., with the registration and access to the Site, the installation, the use of the App on Your devices and, in general, of the Services or participation in initiatives of wecity or related to its activity, Your consent to the Processing, the full acceptance of this “Privacy Policy” as well as its subsequent modifications are considered acquired.

The personal data provided are subject to electronic and/or manual processing, which are always carried out in compliance with the security and data protection measures provided by law and solely for the purposes described below.

As per Communication No. 102322 sent to confirm the notification made by the Data Protection Authority, Wecity has, in compliance with the regulations, filed a notification for the processing carried out in the course of its activities that involve:

  • Georeferencing, geolocation, and data related to movements, i.e., the collection of data indicating the geographical position of people or objects and their movements through an electronic communication network;
  • Profiling, i.e., processing carried out with the aid of electronic tools aimed at defining the profile or personality of the data subject, monitoring their movements, or analyzing habits or consumption choices, or monitoring the use of electronic communication services, excluding technically indispensable processing for providing the same services.

The list of Managers and Delegates/Authorized persons designated for the processing of personal data is available at the registered office of Wecity s.r.l.

Personal data of the Data Subject

During the installation of the App on Your device, Wecity will ask you to provide some personal and contact data, indicating which data is mandatory to allow authentication, access to Services, and their use.

In the case of registration with email and password, Wecity collects User data related to:

  • First name
  • Last name
  • Email address
  • Password

In the case of registration via Facebook or AppleID, Wecity collects User data related to:

  • Email address

In the case of User participation in a ‘Mission’ (e.g., BIKE TO WORK), Wecity may collect the following User data, based on the requests and needs of the clients:

  • Acceptance of terms & conditions
  • First name (or confirmation of first name, see above)
  • Last name (or confirmation of last name, see above)
  • Date of birth (optional)
  • Place of birth (optional)
  • Gender (optional)
  • Phone number (optional)
  • Home address (optional)
  • Work address (optional)
  • Company (optional)
  • Job position (optional)
  • IBAN (optional)
  • Tax code (optional)

During the use of the app, the following are also recorded:

  • Usage Data,
  • Cookies,
  • Mobility Data (latitude, longitude, altitude, direction of travel, time of position registration) that allow tracking the User’s movements through the identification of the geographic location of the smartphone on which the app is installed.

Complete details on each type of data collected are provided in the dedicated sections of this privacy policy or through specific informative texts displayed before the collection of the data itself.

Personal Data may be freely provided by the User or, in the case of Usage Data, Cookies, and Mobility Data, be automatically collected through the app during the use of wecity.

Unless otherwise specified, all Data requested by wecity are mandatory. If the User refuses to communicate them, it may be impossible for wecity to provide the Service.

In cases where Wecity indicates some Data as optional, Users are free to refrain from communicating such Data, without this having any consequence on the availability of the Service or its operation.

Users who have doubts about which Data are mandatory are encouraged to contact the Data Controller.

wecity may check the information provided: if found to be false, incorrect, or not updated, it may lead to the cancellation – after notification – of Your account, making it impossible to access the Services or use them correctly.

The email you choose will be used to identify you during Authentication and use of the Services and will be associated with any information you provide and choose to make visible or not to other Users.

In the app, you will be visible to other users only through the nickname and the profile photo you uploaded.

Any additional information beyond those mentioned above, such as the amount of CO2 saved from the environment, the amount emitted, and the routes traveled, can be used and shared with the other Co-Controllers even after the use of the Application, made available to the latter on the Platform, and from here be accessible to the Co-Controllers of processing.

Each User is solely responsible for complying with the current regulations, obligations, or regulations related to the means used for movements: wecity assumes no responsibility for any loss, damage, cost, or expense that may originate from you as a result or in connection with participation in any activity or event initiated, conducted, or organized by wecity or a ‘Mission’, nor in relation to any agreement between Users and/or third parties including any activity or event connected in any way, directly or indirectly, with the use of wecity Services.

Information Related to the Georeferencing of Users

Wecity allows you to use the app individually or participate in a ‘Mission’ where one or more types of means of transport (bicycle, public transport, etc.) and one or more types of routes (home-work commutes, home-school commutes, etc.) are rewarded. Wecity therefore collects data and information related to Your position to determine which means of transport you are using. Data related to the movements made and their mode remain segregated from other Users, but can be used by wecity, its clients in the case of Missions, and other Co-Controllers and Managers of the processing, also in an aggregated and pseudonymized form for research and statistical purposes, as well as for other purposes specified in this Privacy Policy.

The main purpose of wecity is to use this information to collect important data regarding smart mobility and the amount of CO2 that can be saved for the environment with it. The anonymous or pseudonymized aggregation and study of these data will make it possible to monitor the progress and Your results within the Missions you participate in, but also to carry out scientific research otherwise difficult to perform.

By adhering to the Services, you therefore authorize wecity to use the information collected related to Your position and the related routes without limits and indefinitely, without making them public but on the contrary using them also to create databases of anonymous or pseudonymized and aggregated data and use them in accordance with this Privacy Policy.

In any case, the only data with which you will be visible to other users is your nickname and your profile photo.

Username and Password

To access, it will always be necessary to use the username and password with which You registered. With the advancement of technology, additional or different means of identification and authentication may also be used (possibly, for example, biometric data, which will not be collected by wecity) for access to the Services.

Maintaining the secrecy of authentication data is under Your responsibility. You are fully responsible for any use or misuse of your account and personal data that may result from the disclosure of authentication data to someone else. Make sure to adopt virtuous behaviors in this regard, for example, never choose simple passwords consisting of only numbers or words, and remember to change your password frequently and at least once every six months.

Use of Aggregated Information

Wecity may use anonymous information, statistical or aggregated data to properly operate the Services, to improve their quality or Your experience, to create new services and features, including personalized services, modify or cancel existing content or services also for commercial and statistical purposes. Wecity may also use them by sending, disseminating, transmitting, or otherwise communicating or making such information available to Co-Controllers, Users of the services, service providers, partners, and other entities.

Information Security

Wecity considers information security an absolute priority. Wecity expects its developers as well as the hosting providers it uses to implement systems, applications, and procedures to protect Your personal data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information, in respect of what Italian legislation imposes: in fact, the servers on which such information resides are located in an Italian server farm and the company that manages them has been designated as the Manager for the processing of personal data.

While doing everything to ensure compliance with the above, naturally Wecity cannot, however, guarantee, and it cannot reasonably be expected, that the databases are immune from any malfunction, unlawful interception, access or other types of abuse or misuse and therefore cannot assume any responsibility: in case of any malfunction or unauthorized access, you will be informed and everything will be done to restore the situation, ensuring that any unlawful behaviors are prosecuted by the competent Authorities.

Data Retention, Deletion, and Opt-Out Policy

If you believe that the information on Your account is not accurate, complete, or up-to-date, you are required to make all necessary changes to correct it, and where you are not able to intervene in this regard, you can ask wecity to do so. Please keep in mind that false, incorrect, or outdated information can prevent registration, lead to the cancellation of the profile, and reduce wecity’s ability to provide Services.

However, you can exercise the rights provided by the GDPR at any time, by writing a simple letter, registered mail at the registered office of Wecity in Via Contrada 309 in Modena, or an email to privacy@wecity.it.

Uninstalling the Application does not constitute an explicit choice of opting out regarding this Privacy Policy: if you want all Your personal data collected by Wecity (apart from those now made anonymous and aggregated into databases) to be deleted, you must explicitly request their deletion. Following the uninstallation, Wecity will no longer be able to collect any further information on data, movements, or georeferencing concerning you, nor therefore data related to Your position and Your routes.

Changes to the Privacy Policy

Wecity may modify the terms of this Privacy Policy. Substantial changes will take effect 30 days after the publication of a notification via the app and/or direct communication to registered Users. Other changes will take effect seven days after their initial publication on the website. Where Wecity modifies the Privacy Policy to comply with requirements imposed by law, the changes will take effect immediately after their initial publication or in any case within the times required by law.

The use of the Services after the communication of the changes will in any case imply acceptance by conclusive behavior. If you do not agree with any of the modified conditions, you must avoid any further use of the Services and are invited to cancel Your registration.

TERMS & CONDITIONS

Conditions for the use of services provided by wecity

Wecity s.r.l. (hereinafter referred to as “Wecity”) is a limited liability company under Italian law with its registered office in Via Contrada 309 in Modena, registered with the Chamber of Commerce of Modena and having VAT number 03475130369.

Wecity has developed the wecity App project, which aims to raise community awareness by promoting virtuous modes of transportation among citizens through the use of less polluting vehicles (public transport and traditional, electric or pedal-assisted bicycles, electric motorcycles, pace accelerators such as unicycles, scooters, etc.) and thus, in the medium term, to reduce the number of cars (private for passenger transport) in circulation and thereby the CO2 emissions resulting from their use as well as private motorcycles, initially on a national scale and then also abroad.

For the reductions within this project to be used for the purposes indicated above, they must be verified by an independent third party based on internationally recognized methodologies. Wecity has obtained this certification through ISO14064-II certification issued by RINA SpA.

Through the dissemination and use of the wecity app by Users, in fact, wecity is able to promote the direct reduction of greenhouse gases emitted into the atmosphere (particularly CO2) and above all to certify their quantity: wecity has in fact obtained certification of compliance with the UNI EN ISO 14064-2 Part 2 standard for the quantification, monitoring, and reporting of greenhouse gas emissions and in this way becomes the holder of any emission rights that can be placed on the voluntary market.

The Users, in turn, with the methods that are detailed below, will be able to enjoy particular advantages from the partner companies and public bodies of wecity, who share its purposes and methods.

The Terms of Use (hereinafter “Terms”) reported below include the Privacy Policy (www.wecity.it/privacypolicy), which forms an integral part thereof, and will collectively regulate the rights and obligations arising from the use of the website www.wecity.it (hereinafter the “Site”) and/or the mobile application of Wecity (hereinafter the “App”) (collectively referred to as the “Services”) via a fixed workstation, tablet, smartphone, or other device.

Definitions

  • wecity app: A mobile application for all iOS, Android, and Windows Phone devices to be installed and activated in order to certify the Kg of CO2 saved to the environment during each Mission, journey made in carpooling or independently using public transport, traditional bicycles, electric or pedal-assisted bicycles, pace accelerators, such as traditional or electric scooters, and electric motorcycles;
  • Services: The wecity app and the website www.wecity.it;
  • User: An individual who, through a specific registration procedure and upon acceptance of these Terms of Use, uses the above-described Services and, by adopting virtuous behaviors in mobility that can be certified through the use of the wecity app, collaborates with wecity for the reduction of CO2 in the atmosphere;
  • Partner: A company or public entity that, in calling for a Mission, makes available to the User who demonstrates through their virtuous mobility behaviors to be a “saver” of Kg of CO2, free trials, discounts, gadgets, services, financial incentives;
  • Mission: An initiative arranged by public or private entities through which it is intended to promote, possibly in exchange for discount vouchers or financial incentives, sustainable mobility;
  • Carpooling: A shared journey by multiple Users using a single means of transport either occasionally, regularly, or at a specific date and time, certifiable with the simultaneous activation of the wecity app by all passengers.

Modes of Use

The wecity app can be used:

  • In autonomous mode, with the User consenting to the monitoring by wecity of their geographical position and the routes taken during the activation of the app, for measuring the km traveled in sustainable ways and certifying the Kg of CO2 saved to the environment;
  • In Mission mode, with explicit acceptance and adherence by the User to the Regulations of the same prepared by the Partner, thus consenting to the monitoring by wecity and the Partner of their geographical position and the routes taken during the activation of the app, for measuring the km traveled in sustainable ways and certifying the Kg of CO2 saved to the environment;
  • In Carpooling mode, with multiple Users simultaneously consenting to the monitoring by wecity of their geographical position and the routes taken together in the same means of transport during the activation of the app, for measuring the km traveled and certifying the Kg of CO2 saved together to the environment.

Subject and Binding Nature of the Terms of Use

These Terms of Use constitute a fully binding contract between wecity and the User, who declares to know and fully accept them, from the moment of adherence to them expressed with their acceptance at the conclusion of the registration procedure and is therefore obliged to read them in full.

Similarly, in the event of adherence to a Mission, during the registration phase for the same, the User will be informed of the Regulations prepared by the Partner and to participate must fully read the content and agree to be bound by it.

With registration, wecity grants Users a free, non-exclusive, and time-limited license, non-transferable and non-sublicensable, freely revocable, to use the Services for non-commercial purposes in accordance with these Terms.

With the use of the Services, it is possible to certify the kg of CO2 saved to the environment by adopting virtuous behaviors by the Users (carpooling, use of bicycles, public transport, pace accelerators, electric motorcycles and bicycles or pedal-assisted bicycles, or generally the use of “clean” means of transport): in relation to this, Users do not acquire any rights, however, they may benefit from incentives, discounts, gifts, vouchers related to products that belong to the field of sustainable mobility possibly made available by partner companies who can identify them through the presentation of the certification of the kg of CO2 objectively saved to the environment or, in the case of participation in a Mission, benefit from what is established by the Regulations of the same (discount vouchers or financial incentives).

The use of what is made available by the partner companies entails the reduction of the amount of kg of CO2 available to individual users to “spend”: to obtain further advantages from the partner companies, the User must continue to maintain virtuous behaviors and save additional kg of CO2 to the environment. The kg of Co2 not “spent” within a year from measurement will anyway be reset.

During registration, Users are asked to provide identifying information (name and surname, active email address, personal data, nickname, etc…), for whose completeness, accuracy, and truthfulness Users assume full responsibility: these will be collected in a database owned by wecity, managed according to the Privacy Policy forming an integral part of this agreement. Providing false, incomplete, or erroneous information could prevent the correct provision and conversely the use of the Services.

The User can register only one account in their name: by having their own username and password used and stored on their devices for their identification each time they access the Services, they assume full responsibility for their confidentiality; it is necessary to keep credentials secret and secure to avoid potential abusive exploitation (for example, identity theft) by third parties. Wecity reserves the right to request additional or other methods of identification that with technological advancement should become available.

The creation and/or simultaneous use of multiple accounts linked to the same individual may lead to the immediate suspension of all User accounts, up to exclusion from the use of the Services and the resetting of the CO2 savings thresholds without the User being able to oppose it or ask for damages or compensation.

The license does not apply to the database nor to the trademarks or other rights of wecity: all intellectual property rights related to the App, the Site, and its database, including (but not limited to) copyrights, trademarks, industrial designs, patents, and trade secrets are the exclusive property of wecity s.r.l..

Links and Commercial Information

Wecity may incorporate into its website or app information related to products and services of partner companies. Wecity cannot guarantee their reliability or accuracy; the content published by partner companies does not constitute a recommendation or encouragement by weecity to procure the goods or services advertised by the partner companies, which assume all responsibility.

Disclaimers of Wecity

The Services are made available to Users “as is” completely free of charge: wecity s.r.l. therefore assumes no responsibility regarding the use, operation, nor for any damages that Users might claim to have suffered as a result of their use.

Wecity s.r.l. commits to ensuring the availability of the Services 24 hours a day, 7 days a week; nevertheless, access may be interrupted during maintenance operations, physical or computer updates, urgent repairs to the site, or following circumstances beyond the control of wecity s.r.l. (such as, for example, malfunctions in connections and telecommunications systems). Wecity s.r.l. commits to implementing all appropriate measures to limit these disruptions, where they fall under its direct intervention and control possibilities.

Wecity makes every effort to provide high quality and satisfactory service, however, it does not guarantee that the Services will operate uninterrupted or error-free, nor that they will always be available, secure, protected from unauthorized access, immune from damage, free of malfunctions, errors, or faults, including – but not limited to – hardware failures, software errors, and software communication errors due to the servers on which the Services reside or any of its suppliers.

Wecity may, with full right and without any limitation, nor obligation to pre-inform Users, partially or entirely modify, adapt, or change the Services, the extent and availability of their features, the related software, the interface and design, and every other connected aspect: in relation to this, no complaint nor any request or compensation will be taken into consideration.

Officials, directors, shareholders, employees, suppliers, subcontractors, partner companies, agents, and in general collaborators of wecity and wecity itself will not be considered responsible for direct, indirect, accidental or consequential damages or other damages, loss (including loss of profits and data loss), costs, expenses and payments, breaches or any other form of liability arising from – or in connection with – the use of – or the inability to use – the Services.

Even more so, wecity cannot be held responsible for damages arising from or for the content of services, products, or information made available or coming from third parties, or for any defect or lack of communication with the Services or with other Users through the Services, nor for the denial or cancellation of a User account.

Wecity protects and controls the use of the Services with technological means intended to prevent irregular or unauthorized use of them, and the User commits not to circumvent these means. In the event of circumventing the obligation just stated or in any case in the event of non-compliance by the User with the Terms of Use or some of them, or for any reason deemed relevant at the unquestionable judgment of wecity, it may at any time, without any prior notification, interrupt or suspend, temporarily or permanently, access to the Services.

Users, however, recognize and accept that wecity s.r.l. in relation to the above does not assume any responsibility for any unavailability, suspension or interruption of the Services and that it cannot be held responsible for direct and indirect damages of any nature resulting from such fact.

The wecity app uses GPS and A-GPS technology to determine the position and routes taken by Users: the related functions cannot be provided without the use of this technology, and it is therefore assumed, as also specified in the Privacy Policy, that in relation to this, the User authorizes wecity to use these technologies to allow georeferencing and, therefore, their position and routes taken.

To use the Services, transmit and receive information, a data connection will also be necessary: the costs of such connections are governed by the contract existing between the Users and their communication service provider (mobile phone operator) and according to applicable terms: the related costs are the responsibility and expense of the Users and in no case can be attributed to wecity s.r.l..

The User accepts and acknowledges to assume full, sole, and exclusive responsibility for the use of the Services, which remains entirely at their own risk and peril.

Limitations Related to the Computer Use of the Services, the License on Software, and Distinctive Signs

Any use of the Services not in accordance with these Terms, such as copying, printing, saving, or otherwise using data from the Site or its databases, is prohibited; scraping, data mining, screen scraping, aggregation of data in any way extracted from the Services’ databases, indexing are not allowed; therefore, no robot, spider, gopher, scraper, or other automated tool may be used to access the Site or the Services’ database for any purpose.

Copying, distributing, publicly displaying, offering to the public through communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling, or renting any part of the Services and their computer substrate, in any way or by any means without the prior written consent of wecity s.r.l. is strictly prohibited.

The name “wecity”, the wecity logo, and any other trade and/or service marks are the property of wecity s.r.l. and cannot be used in any of the aforementioned ways without prior authorization from the same.

Duration of the Agreement, Termination of the Services, and Deactivation of the Account

The agreement becomes effective and valid from the conclusion of the registration procedure and loses its validity with the uninstallation of the app from one’s devices and with the actual cancellation of the User account from the Services upon request of the same, who may discontinue the use of the Service at any time and for any reason, or by intervention of wecity in cases where this is required by law or – at its sole discretion – in the case of violation of these Terms.

Wecity reserves the right to block access to the Services and to interrupt their use, at any time and for any reason it deems appropriate, at its sole and exclusive discretion. Furthermore, it reserves the right to share personal information or information belonging to Users in the following circumstances:

  • if illicit or erroneous information was intentionally provided during registration;
  • if one has engaged in any harmful or potentially harmful act to wecity, other Users, or third parties, including but not limited to suppliers or partners of Wecity;
  • if the Services have been used or attempted to be used for an illegal act, or an act that is apparently illegal, or if the use of the Services enables, facilitates, assists, or encourages the perpetration of such acts;
  • if these Terms of Use have been violated in any way;
  • if sharing the information is necessary to comply with an order from a judicial or administrative authority;
  • if sharing information is necessary to identify, prevent, or otherwise address technical issues, security breaches, or allegations of fraudulent infringements.

Wherever possible, it is nevertheless suggested to close the account in case of inactivity for over 12 months.

Travel Conditions, Specific Agreements Between Users in Relation to Carpooling, Insurance

The wecity app allows for collaborative environmental benefit among Users by reducing the number of cars on the road through occasional or regular carpooling modes of transportation on specific routes.

The simultaneous activation of the wecity app allows for certifying the shared route by Users who decide to travel together in the same vehicle to share part or all of a journey on a specific date and time, whether it’s periodic or one-off.

The availability of a seat offered to another User in the vehicle to share the journey in Carpooling, not being in any case offered professionally or for profit, cannot be configured as a transport activity.

Users are not allowed to use the Services commercially, resell them, offer them for rent or leasing, offer a paid ride, integrate them into their own economic activity or otherwise with the aim of gain or profit: the User who offers availability on their vehicle may possibly ask for reimbursement of part or the sharing of expenses or a voluntary offer, but these are still specific agreements between Users to which wecity does not participate and no involvement of the latter should be considered existing in this regard.

Users may establish any additional travel conditions for which they fully assume the risks involved: in no case can wecity be considered part of these agreements nor can it be called to answer or held responsible for any direct or indirect consequences that occur during participation in Carpooling nor for harmful negligent or intentional behaviors of Users or anyone else.

In particular, the User who makes a seat available in their vehicle must be insured as per the law, equipped with the necessary driving license suitable for the vehicle provided, and fully comply with the Road Code and all current regulations, assuming all responsibility towards Passengers.

The User must therefore bear all the financial consequences arising from any lack of coverage by their insurance in the event of any damage or accident, without wecity being held responsible or called to answer for the event.

In the case of violation of the above rules, wecity reserves the right to immediately deactivate the User’s account.

Changes to the Terms of Use

Wecity may freely modify these Terms: any changes will be made known through a notice that will be published in the updated version and on the website. Continued use by Users implies explicit approval and acceptance by conclusive acts: if you disagree, you must stop any further use and proceed with the cancellation of your registration.

Applicable Law – Disputes

These Terms of Use, the Privacy Policy, the practical use of the Services and software provided and owned by wecity are governed by Italian law. For any dispute, the Court of Modena (Italy) will have exclusive jurisdiction.

Updated 10.05.2021