ARTICLE 1 – PREAMBLE
The Municipality of Larissa with this regulation determines the conditions of use and operation of the Automated Shared Electric Bicycle System, with the aim of managing and protecting municipal property by the Municipal Services and citizens in the best possible way and, on the other hand, the formulation with clarity of user obligations and rights.
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
ARTICLE 4 - GENERAL SYSTEM DESCRIPTION
SYSTEM includes 8 Bicycle Rental Stations and 55 Electric bicycles.
The Bicycle Rental Stations are located in the following locations within the urban fabric of the city of Larissa :
Access to SYSTEM bicycles is given from the Stations.
ARTICLE 5 - SERVICE REGISTRATION PROCEDURE AND ACCESS METHOD
Every citizen who wishes to use SYSTEM, should download easybike Larissa and proceed to registration, giving the system its basic information. The easybike app Larissa is offered for free by Play Store or from Apple Store .
To receive a bicycle, the registered user must, the first time he wishes to use a bicycle, certify his details through taxisnet . Specifically, the user will enter his credentials in the special application and after they are certified, through the AADE system, he will then be able to pick up any available bike he wants.
The electronic account is 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.
When the user wants to use a bicycle, simply scans the QR code found on the bike. The lock position unlocks the bike and the ride begins. Use of the application is strictly personal.
The operation of the service is only allowed to people over the age of 18, who know the rules of using and driving bicycles and who do not have any medical instructions against their use (otherwise the Municipality bears no responsibility).
There will be no money reserved for anything, since the functions of the system are provided to citizens free of charge (for the first year of operation).
ARTICLE 6 - SERVICE AVAILABILITY
The SYSTEM operation is available throughout the year, throughout the week, with daily operating hours from 8:00am to 10:00pm (as determined by the Mayor's decision). Exceptions are the cases of shutdown for reasons of maintenance, reasons of force majeure, or a decision of the competent authorities for a total or partial and temporary or indefinite ban on the circulation of bicycles.
The maximum time of use of each bicycle is three (3) hours. In the event of a dispute regarding the duration of use of the bicycle by the user, the only reliable data is considered to be the data provided by the service's information system.
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 position. This stops them from charging the bike.
If for any reason they are unable to secure the bike in a position, they should contact support immediately ( Help Desk ) and deliver the bike in the manner indicated to them.
ARTICLE 7 - OBLIGATIONS OF THE PARTIES
7.1 Obligations of the Municipality of Larissa
EasyBike services in accordance with the conditions stipulated 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:
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 case of non-return of the bicycle, the Municipality of Larissa reserves the right to charge the user as compensation the amount of €2,604 for the electric bike.
In the event of damage to part or all of the bicycle or in general causing any damage to it, the amount of damage caused is assessed by the Municipality of Larissa, charged and additionally invoiced to the user based on the terms and methods of article 9.
ARTICLE 8 - LIMITATIONS ON USE OF THE SERVICE
ARTICLE 9 - RESPONSIBILITIES AND STATEMENTS OF THE USER
ARTICLE 10 - RIGHTS OF THE MUNICIPALITY
The Municipality of Larissa reserves the right to deny access to the service to anyone who does not meet the present conditions without providing any other justification.
ARTICLE 11 – PENALTIES
The imposition of compensation in the amount of €2,604 for electric bicycles in case of non-return of the bicycle within the predetermined time limits or 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 of Larissa as mentioned in article 14.
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 electric bicycle system by the Municipality is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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 , implementation 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 Update on the Protection of Personal Data included in Appendix I.
ARTICLE 13 - REGULATION OF CLAIMS
The user can file a complaint within a period of three (3) months from the date on which the events complained of occurred. 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.
Every complaint will be sent to the following address: IONOS DRAGOUMI 1, P.O. 41222, with the indication: "Complaint about the Shared Bicycle System of the Municipality of Larissa", for the Directorate of Sustainable Mobility, e- mail : protokolo@larissa.gov.gr .
ARTICLE 14 - THREE-MEMBER COMMITTEE FOR THE DETERMINATION OF DAMAGE AND THEFT OF BICYCLES AND THE IMPOSITION OF FINES
The Municipality of Larissa sets up a Three-member Committee , with regular and substitute members whose responsibilities are the following:
ARTICLE 15 - MANAGEMENT OF THE SYSTEM
The operation and management of the SYSTEM will be carried out in the name of the Municipality of Larissa through a contractor manager, who will undertake the maintenance of the bicycles and the consumables, the redistribution of the bicycles between the stations, the telephone support service, the insurance of the system and in general operation of SKEP.
The Directorate of Sustainable Mobility of the Municipality of Larissa, which oversees the system, will:
ARTICLE 16 - ELECTRICAL SUPPLY OF THE SYSTEM
The municipality of Larissa bears the burden of electricity consumption.
The electrification of the rental stations is done at the responsibility and expense of the Municipality of Larissa.
ARTICLE 17 - 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.
The users of the service will be informed of all modifications of these terms on the website of the Municipality of Larissa.
The compensation amounts provided for by the provisions of this Regulation and imposed as above are confirmed in accordance with the law.
APPENDIX I – INFORMATION ON THE COLLECTION AND PROCESSING OF PERSONAL DATA
Subject of this Update
The Municipality of Larissa (hereinafter as "Municipality" or "Processor"), with registered office in Larissa, 1 Ionos Dragoumi Street, P.K. 41222, through this Notice, aims to inform users about the manner and purpose of personal data processing them when using the Automated Shared Bike System provided by the Municipality.
Definitions
For the purposes of this Update, the following terms have the following meanings:
"Personal Data": any information relating to an identified or identifiable natural person ("data subject") the identifiable natural person is one whose identity can be ascertained, directly or indirectly, in particular by reference to an identifier such as a name, to an identity number, to location data, to an online identifier or to one or more factors that characterize the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
"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 unambiguous 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, disclosure by transmission, dissemination or any other form of disposal, association or combination, restriction, deletion or destruction.
"Controller": the natural or legal person, public authority, agency or other entity that, alone or jointly with others, determines the purposes and manner of processing personal data; when the purposes and manner of 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 the law of a Member State. In this particular case, the Municipality acts as the Data Controller.
"Processor": the natural or legal person, public authority, agency or other entity 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 Shared Bike System.
"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 Authority's Decisions, Instructions and Opinions Protection of Personal Data (hereinafter "PDPA").
Data collected by the Municipality in the context of the use and operation of the automated shared bicycle system
For the use and operation of the automated shared bicycle system, the Municipality collects and further processes personal data, which is obtained from multiple sources through either the electronic platform. Specifically:
Personal data |
Source |
Purpose |
Legal Basis |
Receivers |
Time of Compliance |
Name |
The subject itself |
Operation of the automated system of shared bicycles and protection of the system against theft, damage, etc. |
The execution of the contract – article 6 par. 1 item . II GDPR |
Processors: The company "BRAINBOX SA", Financial Institutions, Lawyers - Bailiffs (if required). |
5 years after expiration |
Last name |
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|
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Mobile/Fixed |
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Address |
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Tk |
|||||
Father's name |
Ministry of Digital Governance ( Taxisnet ) |
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VAT number |
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Location, traffic and parking metadata |
From the bike |
Protection of bicycles from theft, damage, etc. |
Article 6 par. 1 item e' GDPR & article 5 Law 4624/2019 |
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, as it is impossible to always check the age of persons who may use the electric bicycles, parents and guardians of minors are advised to contact the Municipality immediately if they find any unauthorized disclosure of data by the minors for whom they are responsible , in order to respectively exercise 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.
Receivers
The company "BRAINBOX SA", which has been assigned by the Municipality to process personal data on its behalf as part of the management and operation of the system, has access to the personal data of the users for a period of three years from the receipt of the project by the Municipality. which is contractually bound to the Municipality with a confidentiality clause as well as subject to all the obligations provided by the Existing Legislation to respect the rights of the data subjects. If the Municipality assigns the management and operation of the system to a new contractor after the expiry of the three years, he is also bound by a confidentiality clause.
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 a purpose for reasons compliance of the Municipality with its legal obligations.
Transfer of Personal Data outside the EEA.
User data is generally not transferred to countries outside the EEA. However, in case of transmission of users' personal data to a foreign country of the European Economic Area (EEA), the Municipality previously checks whether:
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 for by the GDPR applies.
Security of Personal Data
Taking into account the latest technological developments, the costs 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 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 breach takes place, the Municipality applies a specific Personal Data Security Breach Incident Management Policy. If you realize or suspect that a breach of personal data may/has taken place, please inform without delay the Department of Electronic Governance & Transparency of the Municipality Planning Department at the following email address: dpo@larissa.gov.gr .
Users' rights regarding their personal data
The Municipality ensures that it is able to respond immediately to the requests of users as data subjects, for the exercise of their rights in accordance with the Existing Legislation.
In particular, the rights of each user, without conditions, are as follows:
Access
Correction
And under certain conditions, each user can exercise the following rights:
Delete
Restriction
Portability
In addition, the user may submit a request to object to the processing activities carried out.
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 - by 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 regarding the processing of personal data by the Municipality, users can contact the Municipality's Personal Data Protection Officer - dpo@larissa.gov.gr .