REGULATION OF TERMS OF USE AND OPERATION OF THE AUTOMATED SYSTEM

MUNICIPAL BIKE SHARING PILEA HORTIATIS

ARTICLE 1 – PREAMBLE

With this regulation, the Municipality determines the conditions of use and operation of the Automated Bicycle System, with the aim, on the one hand, of the management and protection of municipal property by the Municipal Services and the citizens in the best possible way, and on the other hand, the clear formulation of the obligations and rights of users.

In this regulation, the duration of the system's operation on a daily basis, the hours of its use by citizens, the conditions and the method of obtaining the right to use, the procedure and the method of using the system are determined. The obligations and rights of users are also explicitly mentioned. Finally, the concept of the user fee and the corresponding fines for each violation are defined, as well as the committee for their enforcement.

ARTICLE 2 - LEGAL FRAMEWORK

This regulation is issued based on the provisions of articles 75 and 79 of Law 3463/2006 as amended by paragraph 2 article 11 of Law 4674/20 and B.D. 24/9-20/10/1958 and is a regulatory administrative act that has the force of substantive law.

ARTICLE 3 - GENERAL TERMS AND DEFINITIONS

"Bicycle Sharing System" means the automated shared bicycle system implemented by the Municipality with the possibility of short-term bicycle use, as detailed in the regulation.

-"Bicycle" means the bicycle with an aluminum frame, special anti-theft and anti-vandal design, bearing a special "identification" number

-"Station" means the bicycle station that includes reception/locking positions.

-"Locking position" means the Station position, in which the Bicycle is placed and secured.

-"User" means any User of the SKP who has registered and uses the SKP.

• "Registration System" means the online application located at https://pilea-hortiatis.easybike.gr/.

-"User Registration" means the process of registering any natural person in the system with identification.

-"User card" means the RFID card that is assigned to the user after registering in the MS.

ARTICLE 4 - GENERAL SYSTEM DESCRIPTION

The system includes 70 conventional bicycles and 6 bicycle stations.

From the stations, access to SKP bikes is given.

ARTICLE 5 - SERVICE REGISTRATION PROCESS AND METHOD OF ACCESS

Every citizen who wishes to use the MS, should enter the website https://pilea-hortiatis.easybike.gr/ and register, giving the system their basic information. There will be no money reserved for anything, since the functions of the system are provided to citizens free of charge.

He must then choose how he will use the system. There are two ways:

A) With the use of an RFID card, which they obtain after they have registered in the system. At the bicycle bases, in a special slot for the card, the bicycle is unlocked and used. The card is strictly personal.

B). By using an application (app) on the user's mobile phone. After completing the registration, the user can download the application (free of charge) to his mobile phone. When he wants to use a bike, he scans the qr code on the base of the bike and thus unlocks the bike and starts using it. Use of the application is also strictly personal.

Users after the end of the three (3) hours they are allowed to use the bicycle, must return it to any bicycle stand and secure it in an empty place. This stops them from charging the bike. If for any reason they cannot secure the bike in a place, they should contact the support desk immediately (the phone number is on the bike, on the website, at the base, etc.), and return the bike in the way they indicated.

The operation of the service is only allowed to people over 18 years of age, who know how to use bicycles and who do not have any medical instructions against their use (in otherwise the Municipality bears no responsibility).

As mentioned above, the electronic account and the RFID card are strictly personal and non-transferable. The owner is legally responsible and bound by these terms and bears all responsibility for any damage or injury caused directly or indirectly by the use of the bicycle.

ARTICLE 6 - SERVICE AVAILABILITY

The maximum time of use of each bicycle is three (3) hours. In case of dispute regarding the duration of use of the bicycle by the user, the only reliable data is considered the data provided by the information system of the service.

The service is available throughout the year, throughout the week with operating hours as determined by the Mayor's decision. Exceptions are cases of shutdown for maintenance reasons, force majeure, or a decision by the competent authorities for a total or partial and temporary or indefinite ban on the circulation of bicycles.

ARTICLE 7 - OBLIGATIONS OF THE PARTIES

• Obligations of the Municipality

The Municipality is committed to the provision of EasyBike services in accordance with the conditions set forth herein.

The Municipality is committed to making the best efforts to ensure the duration and quality of the shared bike service.

The Municipality bears no responsibility :

• in case of misuse of the proposed services by the customer,
• in case of bad, misdemeanor or delinquent behavior of the bicycle user,
• in case of non-compliance by the user with his obligations as stated herein,
• in case of use of the service by an unauthorized person (mainly in case of theft or theft of the user card),
• for accidents (traffic or otherwise) that may happen to users during use,
• in case of damage, saturation, malfunctions or suspension of the system due to interruption of communications in the networks of mobile telephony, public telephony, GSM, GPRS, SMS or any new generation of networks developed by the mobile telephony provider,
• in case of force majeure.

7.2 Obligations of the user

• The maximum time of use of each bicycle is three (3) hours. The user undertakes to return the bicycle at the predetermined time. In the event of non-return of the bicycle, the Municipality reserves the right to charge the customer the amount of €500 for conventional bicycles as compensation. In case of destruction of part or all of the material, the amount of damages caused is assessed by the Municipality, charged and additionally invoiced to the customer based on the terms and methods of article     
• The user-driver undertakes to use the bicycle with increased caution. It is committed to complying with safety and road traffic rules.
• The user undertakes to check the bicycle before starting to use it. More specifically, he must check the proper operation of the drive system, the frame and tires, the brakes, the lighting and, in general, any means necessary for the safe use of the bicycle. In case of malfunctions of the bicycle, he must return it to the system within ten (10) minutes. He can then notify the support service free of charge (the phone is on the bike, on the website, at the bike base, etc.).
• The user also undertakes to use the bicycle exclusively within the area of his city .
• The user takes care of the bicycle, is obliged to protect it to prevent theft during its use and undertakes, when returning the bicycle to the station, to use the bicycle's anti-theft system (bicycle insurance in an empty position).< /li>
• The user is committed to the correct use of the bicycle and its protection. The user assumes full responsibility for any damage or injury caused to the bicycle or others during its use.
• The user undertakes to return the bicycle at any time if abuse of the terms of use of the system is observed, at the first request of the Municipality made through any means of communication with him (telephone, email, mail/courier, etc.)< /li>
• The user undertakes to report any loss, theft or other problem or incident related to the bicycle to the Municipality. The labeling should be done immediately, on the telephone number that will be listed on the Municipality's page, on the bicycle, on the bicycle base, etc. However, until the bicycle is delivered by the Municipality, the bicycle remains under the user's responsibility according to terms of this regulation.
• The user-driver is liable to the Municipality for any damage caused to third parties and is obliged to compensate the Municipality for any amount the latter pays to any third party from the circulation of the bicycle, either judicially or extrajudicially. In this case, the Municipality has the right of appeal against the obliged           bicycle user.

ARTICLE 8 - LIMITATIONS ON USE OF THE SERVICE

• The user is prohibited from lending, renting or giving his RFID card or electronic account to another person except as provided by these rules of use.
• The RFID card that is destroyed or lost at the user's responsibility is not replaced, but the user can request a new one according to the prescribed procedure.
• The user is authorized to use the bicycle in accordance with these conditions, as long as he makes a reasonable use, which mainly excludes: any use outside a predetermined area, any use contrary to the provisions of the Road Traffic Code or safety rules, any use in terrains or in natural conditions that damage the bicycle, the transport of any load over fifteen (15) kilograms (including the basket space), any passenger transport in any way, any use that could endanger the user or third parties, any disassembly or attempted disassembly of all or part of the bicycle and in general any unorthodox use of a bicycle.

ARTICLE 9 - USER RESPONSIBILITIES AND DECLARATION

• The user is solely and entirely responsible for damages caused to the bicycle or for the use made during the entire period of use of the bicycle, including that which exceeds the predetermined period of use in case of failure to return the bicycle in time from the user.
• Any delay in the delivery of the bicycle longer than three (3) hours (the deadline is calculated from the time of receipt of the bicycle from the station) is considered a case of disappearance of the bicycle.
• In the case of the disappearance of the bicycle for which he is responsible, the user has the obligation, which is specified in article 7.2, to mark the disappearance of the bicycle that remains under his full responsibility.
• In the event of an accident and/or damages, and/or disasters and/or any incident that occurred due to the bicycle, the user-driver has the obligation, which is specified in article 7.2, to point out the facts within the stated deadlines and at the aforementioned telephone number. Nevertheless, the bicycle remains under the responsibility of the user until it is locked at a delivery point, or until it is handed over to the authorized representative of the contracting company.
• By taking charge of a bicycle by a user, the latter undertakes to check, in advance, the effective operation of the bicycle, mainly by verifying its main functional elements, which are not limited to: the correct positioning of the saddle and pedals , the good condition of the frame and tires, the good operation of the bell, the good operation of the brakes and lights.
• After the verification of his details by the station, the user has ten (10) minutes from the moment he receives the bicycle to confirm the general good condition of the bicycle. After this time he is considered responsible for the observed damage or destruction.
• The user-driver is advised to pay particular attention to braking in case of rain, to adjust the saddle in order to adapt its height to the morphology of his body. To wear an approved helmet and special clothing and in general to observe all the necessary protection measures in accordance with the current legislation.
• The user declares that he is fully aware of possible risks associated with the intensive use of a bicycle. In addition, he declares that all the relevant information he registers in the system is accurate, he is able to use and has the physical conditions related to the use of a bicycle, and in particular that he satisfies the necessary conditions of articles 2 and 9 above.
• The user undertakes to immediately inform the Municipality of all changes to his personal information such as address, telephone, etc.
• The user cannot turn against the Municipality for any case that requires suspension, interruption or malfunction of the services.

ARTICLE 10 - RIGHTS OF THE MUNICIPALITY PILEA HORTIATIS

The Municipality reserves the right to deny access to the service to anyone who does not meet these conditions without providing any other justification.

ARTICLE 11 - PENALTIES

The imposition of compensation in the amount of €500 for conventional bicycles in case of non-return of the bicycle within the predetermined time limits. The determination of the amount of compensation in case of damages will be made after the opinion of the three-member committee of the Municipality as mentioned in article 15.

ARTICLE 12 - PROTECTION OF PERSONAL DATA

The collection and further processing of personal data carried out in the context of the use and operation of the automated shared bicycle system by the Municipality is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 for the protection of natural persons against the processing of personal data and for the free movement of such data and the repeal of Directive 95/46/EC ("General Data Protection Regulation") as well as Law 4624 /2019: "Personal Data Protection Principle, implementing measures of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 for the protection of natural persons against data processing (Government Gazette 137/A/29-8- 2019), as applicable.

Detailed information on the collection and processing of users' personal data is provided through the Personal Data Protection Update included in Appendix I.

ARTICLE 13 - DISPUTES REGULATION

The user can make a complaint within a period of three (3) months from the date on which the events complained of took place. These terms are subject to Greek law. Any related dispute in the execution, operation and interpretation of the terms will be resolved judicially in the competent courts.

Each complaint shall be sent to the following address: Apostolou Samanidi 21 Pilea Hortiatis - Zip Code: 55236 , marked: "Complaint about the Bike Sharing System of Municipality Pilea Hortiatis".

ARTICLE 14 - APPLICATION OF THE REGULATION

The competence to implement this regulation belongs to the competent services of the Municipality.

The amounts of compensation provided for in this Regulation can be adjusted by a decision of the Municipal Council, for which the absolute majority of those present is sufficient.

Users of the service will be informed of all amendments to these terms and conditions on the website of the Municipality

The compensation amounts provided for by the provisions of this Regulation and imposed as above are confirmed in accordance with the law.

ANNEX I – NOTICE ON THE COLLECTION AND PROCESSING OF PERSONAL DATA

Subject of this Update

The Municipality (hereinafter referred to as "Municipality" or "Processor"), based in the municipality Pilea Hortiatis, through this Update aims to inform users of the manner and purpose of processing their personal data during the use of Automated Bike Sharing System provided by the Municipality.

Definitions

For the purposes of this Update, the following terms have the following meanings:

“Personal Data”: any information concerning an identified or identifiable natural person (“data subject”) an identifiable natural person is one whose identity can be ascertained, directly or indirectly, in particular by reference to an identifier such as a name, an identity number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, psychological, economic, cultural or social identity of the natural person in question.

"Special categories of personal data": personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as the processing of genetic data , biometric data for the purpose of indisputable identification of a person, data concerning health or data concerning a natural person's sex life or sexual orientation.

“Processing”: any operation or series of operations carried out with or without the use of automated means, on personal data or sets of personal data, such as collection, registration, organization, structuring, storage, adaptation or alteration, retrieval, information retrieval, use, communication by transmission, dissemination or any other form of disposal, association or combination, restriction, deletion or destruction.

"Anonymization": the processing of personal data in such a way that the data can no longer be attributed to a specific data subject.

"Pseudonymization": the processing of personal data in such a way that the data can no longer be attributed to a specific data subject without the use of additional information, provided that said additional information is kept separate and are subject to technical and organizational measures to ensure that they cannot be attributed to an identified or identifiable natural person.

"Controller": the natural or legal person, public authority, service or other body which, alone or jointly with others, determines the purposes and

the manner of processing personal data; when the purposes and manner of such processing are determined by Union law or the law of a Member State, or the specific criteria for its appointment may be provided for by Union law or Member State law. In this particular case, the Municipality acts as the Data Controller.

"Processor": the natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

"Data Subject": the natural person whose personal data is processed, in this case the users of the Automated Bicycle System.

"Consent": of the data subject: any indication of will, free, specific, express and fully informed, with which the data subject manifests that he agrees, by statement or by a clear positive action, to be the subject of processing of the personal data concerning it.

“Personal Data Breach”: the breach of security that results in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access of personal data transmitted, stored or submitted by another way in processing.

"Existing legislation": The national and EU legislation on personal data protection and specifically the General Data Protection Regulation (EU) 2016/679 (hereinafter "GDPR"), Law 4624/2019 as well as the Decisions, Instructions and Opinions of the Authority for the Protection of Personal Data (hereinafter "the Authority for the Protection of Personal Data").

Data collected by the Municipality in the context of the use and operation of the automated shared bicycle system

User data, processing purposes and legal basis

For the use and operation of the automated system of shared bicycles, the Municipality collects and further processes personal data, which it obtains from multiple sources through either the electronic platform. Specifically:

Collection and Processing of Personal Data of Minors

The service is not intended for persons under the age of 18. Therefore, the Municipality does not seek or receive personal data of minors (i.e. from persons under the age of 18), either directly or indirectly through third parties. However, since it is impossible to always check the age of persons who may use the bicycles, it is recommended that parents and guardians of minors contact the Municipality immediately if they find any unauthorized disclosure of data by the minors for whom they are responsible, in order to exercise respectively the rights granted to them, such as e.g. to delete their data. In the event that the Municipality realizes that it has collected personal data of a minor, it undertakes to delete it immediately and to take all necessary measures to protect this data.

Recipients

The Municipality Pilea Hortiatis has access to the said personal data of the users, in the context of its management and operation and is subject to all the obligations provided by the Existing Legislation to respect the rights of the data subjects.

At the same time, the personal data of the users may be transmitted to employees of the Municipality in the context of their work, to public authorities, independent authorities etc. (e.g. Police departments, Prosecution Courts, Tax, Customs authorities, the APDPH etc.) for for the purpose of compliance of the Municipality with its legal obligations.

Transfer of Personal Data outside the EU.

Users' data are normally not transferred to countries outside the EU. However, in the event that users' personal data are transferred to a country outside the European Union (EU) or the European Economic Area (EEA), the Municipality first checks whether:

a) The Commission has issued a relevant adequacy decision for the third country to which the transfer will take place (Article 45 GDPR) and

b) Appropriate guarantees are observed in accordance with the Directives of the European Data Protection Board (EDPB) for the transmission of such data (Article 46 GDPR),

c) It is done on the basis of one of the exceptions (e.g. the express consent of the user and information about the risks involved in the transmission, the transmission is necessary for the execution of a contract at the request of the subject, there are reasons of public interest, is necessary to support legal claims and vital interests of the data subject, etc.) provided for in article 49, for occasional and non-repetitive processing.

Otherwise, transmission to a third country is prohibited and the Municipality will not transmit users' personal data to it, unless one of the special exceptions provided by the GDPR applies.

Data Retention Period

The personal data of the users being processed is kept as long as the user's account is active. This means that for the performance of a contract, they are kept for as long as is necessary for the performance of the contract and for the establishment, exercise, and/or support of legal claims based on the contract.

When the processing is imposed as an obligation by provisions of the applicable legal framework or a specific retention period is provided, the personal data of the subjects will be stored for as long as the relevant provisions impose.

Security of Personal Data

Taking into account the latest technological developments, the cost of implementation and the nature, scope, context and purposes of the processing, as well as the different intensity and extent of risks of occurrence and seriousness for the rights and freedoms of the subjects from the processing of their personal data, the Municipality takes the necessary technical and organizational measures to protect the rights and freedoms of users. Although no method of transmission via the Internet or method of electronic storage is completely secure, the Municipality takes all the necessary digital data security measures (antivirus, firewall, etc.) in compliance with its obligations according to the Existing Legislation.

Breach of Personal Data

In the event that an incident of violation takes place, the Municipality applies a specific Policy for the Management of Incidents of Personal Data Security Breach. If you realize or suspect that a breach of personal data may/has taken place, please inform the Department of Electronic Government & Transparency of the Directorate of Programming D without delay. Pilea Hortiatis

Users' rights regarding their personal data

The Municipality ensures that it is able to respond directly to the requests of users as data subjects, for the exercise of their rights in accordance with the Existing Legislation.

In particular, each user may:

a) To request access to his personal data held by the Municipality. More specifically, he can request to receive a copy of the file kept by the Municipality with his personal data and to check the legality of their processing.

b) To request the correction of his personal data in case of inaccuracy? or their incomplete registration by the Municipality.

c) To request the deletion of his personal data if they are not necessary for the purposes pursued and if their retention is not based on any legal basis or legal interest.

d) To request restriction of the processing of his personal data.

e) To request the portability/transmission of his personal data either to himself or to third parties.

f) To revoke at any time the consent he gave for the processing of his personal data, without this revocation affecting the legality of the processing until then.

In addition, the data subject has the right to object to the processing of his personal data by the Municipality for the cases in which it is not possible to delete the data.

In case of exercising any of the above rights, the Municipality will respond immediately - in any case within thirty (30) days from the submission of the request and the identification of the user - informing the user in writing of the progress of its processing.

For any complaint regarding this Update or personal data protection issues, users can contact the Greek Personal Data Protection Authority via the following link: www.dpa.gr.

Contact details for Personal Data Protection issues

To exercise all the above rights, as well as for any issue concerning the processing of personal data by the Municipality, users can contact the Personal Data Protection Officer of the Municipality Pilea Hortiatis.

More information regarding the collection and processing of personal data is available on the website of the Municipality Pilea Hortiatis.