General Conditions of use
January 13th 2020
1. Objective and Ownership.
The General Conditions of Use (interchangeably: the "Contract", the "Conditions" or the "General Conditions") apply to the electronic, in person and / or telephone contracting of the services offered (i) by the company ECCOCAR SHARING, SL (hereinafter, ECCOCAR), a limited liability company, with registered office at Rúa das Pontes 6 (Vial A), Aerospace Technology Building, Porto do Molle Business Park, 36350 Nigrán, Pontevedra, contact telephone number +34 902 01 80 28 , email address contacto@eccocar.com, provided with the CIF B87359485; and (ii) by the company that operates the vehicle fleet (hereinafter, OPERATOR).
The OPERATOR offers mobility services through the SW application developed and maintained by ECCOCAR (hereinafter, the PLATFORM).
ECCOCAR offers its PLATFORM so that the OPERATOR can offer mobility services to individuals or companies (hereinafter USERS).
The services offered by the OPERATOR in the PLATFORM can be detailed in the Particular Conditions of Use of the Operator. As an example, the OPERATOR may be:
- A company that manages a fleet of vehicles for internal usage of its employees. In this case, ECCOCAR offers its PLATFORM so that the OPERATOR makes available to the USERS vehicles under flexible use (for hours or minutes).
- A car rental company without a driver. In this case, ECCOCAR offers its PLATFORM so that the OPERATOR can rent their vehicles to the USERS digitally, reducing their management and operation costs and offering a better experience to said USERS.
In no case does ECCOCAR offer mobility or vehicle rental services, it is only limited to offering the PLATFORM for the OPERATOR to offer these services.
Likewise, ECCOCAR is not responsible for the Particular Conditions of the Operator, which are validated by the OPERATOR of the mobility service.
2. Modification of the Conditions.
ECCOCAR may modify these Conditions at any time. In case of any modifications, the USER must accept the updated conditions again to continue using the PLATFORM.
3. Acceptance of the Conditions by the USER.
By registering in the PLATFORM, the USERS accept all the contractual clauses established in these Conditions, in the Particular Conditions of the Operator, in the "Legal Notice" and in the "Privacy Policy"; that the USER acknowledges having previously read said contract.
4. User Registration.
USERS must comply with the General Conditions, not only before obtaining the condition of USER, but also during the entire time the PLATFORM is used.
Notwithstanding the foregoing, any USER may notify ECCOCAR at any time of their intention to cease to be a user of the PLATFORM. ECCOCAR will proceed with the withdrawal under the conditions indicated in the Privacy Policy.
Both ECCOCAR and the OPERATOR, may temporarily suspend or definitively resolve the condition of USER in case he considers that the obligations of these Conditions have been breached.
5. General Conditions For Rental Services.
In the event that the OPERATOR offers rental services through the PLATFORM, the following general conditions are established:
5.1 The reservation request through the PLATFORM grants ECCOCAR sufficient authority to collect the rental price, and, if applicable, the amount of the deposit or other services, which will be charged to the debit or credit card provided by the user.
5.2 Likewise, the USER expressly authorizes ECCOCAR to collect any costs derived from its responsibilities during the rental of a vehicle.
The data provided to ECCOCAR for this purpose are encrypted to ensure maximum security. In no case will the data provided by the USERS be stored through the payment gateway. ECCOCAR does not save the card data provided by its USERS.
ECCOCAR will prepare and send through the PLATFORM the LESSOR's invoice to the USER corresponding to the rental service contracted through the Platform.
The OPERATOR acknowledges and accepts that he is solely responsible for determining any tax or fiscal obligation as a result of the income received from the rental of his Vehicle.
6.ECCOCAR Disclaimer.
ECCOCAR makes every effort to maintain the PLATFORM, but assumes no responsibility for any part of the PLATFORM that is not operational or available for a certain period of time. Likewise, ECCOCAR makes every effort to keep its means of contact operational, but assumes no responsibility if they were out of service for a certain period of time.
Likewise, ECCOCAR is not responsible for:
6.1. The state of the vehicles.
6.2. The veracity and accuracy of the data provided by the USERS.
6.3. Any information or content provided by the OPERATOR and the USER in their profiles or elsewhere in the PLATFORM.
6.4. Death or personal injury.
6.5.Property damage, or damage or loss of any vehicle, including theft or breakdown.
6.6. Any damage or loss of any membership left in any vehicle.
6.7. Cost of traffic parking penalties or fines, or other additional costs.
6.8. The cancellation of any reservation or the withdrawal of any vehicle or other contents of the PLATFORM.
6.9. Failure to comply with local regulations by the USER, such as regulations associated with tourism or car rental.
ECCOCAR is not responsible for the result of the actions of the OPERATOR, nor of the USERS in relation to the Contract, whether due to negligence, breach, misrepresentation or otherwise; and specifically, not responsible for:
6.10. Losses or damages suffered by any USER in relation to claims made by a third party.
6.11. Loss of profits or savings, or business opportunity suffered by the USERS.
6.12. Any loss or indirect damage suffered by any USER.
In accordance with the previous clause, ECCOCAR's responsibility with the OPERATOR and with the USERS in relation to this Contract, whether due to negligence, breach or misrepresentation, is limited to the amount of the rental fee for each reservation made by said USERS.
Each USER undertakes to indemnify ECCOCAR for losses, liabilities, claims or claims arising from:
6.13. Any breach of these Conditions.
6.14. Any claim by a third party (or another USER or the OPERATOR) for any content published by the USERS in the PLATFORM that violates the intellectual property rights of third parties or any of the data protection clauses of this contract.
6.15. Any theft, death or personal injury.
7. Compensation.
Provided that it is not contrary to the Law, the USER disclaims both ECCOCAR and the OPERATOR from any claim related to the use of the vehicles. In addition, the USER will indemnify any damage or loss that ECCOCAR, or the OPERATOR may suffer for fines and other concepts contemplated in these Conditions or for any other that is a consequence of the acts or omissions of the USER or the passengers of the vehicle.
8. Eccocar Privacy Policy.
In compliance with article 10.2 of Law 34/2002 of July 11, on Information Society Services, ECCOCAR has included the information required by the aforementioned article and that relating to its privacy policy, in its PLATFORM, in the “Legal Notice” and “Privacy Policy” sections.
The USER, by accepting these Conditions, declares to know said information and accept it.
9. Data Protection.
By accepting this Contract, the USER gives his express consent for the collection and processing of his personal data in accordance with the ECCOCAR Privacy Policy, available in the PLATFORM.
10. Partial Validity of the General Conditions.
In accordance with article 10 of Law 7/1998, of April 13, on General Conditions of the Contract, the eventual nullity of any of the above general conditions, its legal inefficiency or practical in applicability will not affect the validity and effectiveness full of the rest of the general conditions.
11. Conflicts and Applicable Law
These Conditions are governed by Spanish law. The parties agree to submit to the competent Spanish Courts and Courts in case of disagreement.
The order of priority, in case of discrepancy between the different documents, will be as follows:
1. Privacy Policy
2. Legal warning
3. General Conditions of Use of eccocar
4. Particular Conditions of the Operator
Privacy Policy
September 30 2019
In compliance with the provisions of EU REGULATION 2016/679 April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data, we inform you of:
1. General Information.
ECCOCAR is committed to respecting the privacy of the User and that the data obtained when the different forms of the Platform are completed, will be subject to automated processing and incorporated into an automated file duly registered in the General Registry of Data Protection, whose responsible and recipient is ECCOCAR SHARING S.L.
The User who wishes to provide their personal data through this Platform must be of legal age.
The User grants their consent expressly, freely and unequivocally for the collection and processing of their data by ECCOCAR. The treatment by ECCOCAR will be advertising, statistical, commercial and other existing marketing tools.
The person responsible for the treatment is Eccocar Sharing, S.L., with N.I.F. B87359485 and with fiscal and social headquarters in, Rua das Pontes 6, Vial A, Porto do Molle, Nigrán (36350). Email address contacto@eccocar.com and telephone +34 678 591 037
The purpose of the treatment is to manage user access and registration on the ECCOCAR platform, analyze fleet efficiency, improve your user experience, route optimization and implementation of safe and efficient driving solutions, as well as other services optimization of the mobility offer (for example, location of charging points or the placement of vehicles according to demand; as well as providing interested parties with offers of products and services from ECCOCAR or third parties, in addition to managing your CV in personnel selection processes.
Indicate that we can also collect information on the routes taken (by GPS location) and the data of an accelerometer and the on-board computer of the vehicle (kilometers, consumption, alarms and alerts, etc.).
The legitimacy of the treatment is the obtaining of the consent to provide the services offered on our platform. ECCOCAR will keep, for statistical purposes, the data stored for 48 months since the last time you accessed the platform with your username and password. After this time, personal data will be deleted and become anonymous. Resume data will be kept for a maximum period of 48 months from receipt. After this period has elapsed without any updating of the data, they shall be destroyed.
Recipients of transfers or transfers are:
1. The OPERATOR of the mobility service, as defined in the General Conditions of Use of eccocar;
2. In case it does not match the OPERATOR, the lessor of the vehicle (if you are a lessee) or the lessee (if you are a lessor), as part of our reservation process and in order to improve the safety and quality of our services;
3. ECCOCAR or OPERATOR providers, so that they can provide their services and execute actions on request and on behalf of ECCOCAR or the OPERATOR, such as: collection processes, document verification, customer relationship, claims management, call services. center and service-desk, vehicle fleet operation and management services, vehicle connectivity service, etc;
4. In the event that an insurance policy is contracted, data will be shared with the insurer, so that it can process the contracting of it.
The origin of the data is of the interested party, of the vehicle object of the service, or failing that, of the OPERATOR of the mobility service, as defined in the General Conditions of Use of eccocar.
The Platform grants the User the exercise of the rights of access, rectification, cancellation, opposition, forgetfulness, limitation of processing, portability, to submit a claim to the Control Authority and in case consent has been provided for the treatment of data, the possibility of withdrawing it at any time; under the terms established in the current legislation, for which you must send an email to the address: gdpr@eccocar.com or postal address Calle Moreno Nieto 2, 28005, Madrid. ECCOCAR will proceed to the cancellation of the data collected when they are no longer necessary or relevant for the purpose for which they were collected or registered.
ECCOCAR has adopted the necessary technical and organizational measures to guarantee the security and integrity of the data, as well as to prevent its alteration, loss, treatment or unauthorized access.
Access to information about Users is restricted only to those people who need to use this information to perform their work, all of whom are obliged to comply with the same security measures in the treatment and conservation of personal information.
ECCOCAR reserves the right to modify this policy to adapt it to new or legislative and jurisprudential requirements, taking into account at all times the legitimate interests of the Clients.
ECCOCAR can read the messages that members exchange through the Platform in order to avoid fraud, improve their services, provide assistance to Users or verify that Users respect the General Conditions of Use. As far as possible, ECCOCAR uses systems automated to manage the moderation of messages sent between Users.
For ECCOCAR it is essential to guarantee and protect the privacy and confidentiality of your personal data, in accordance with applicable law. Thus our privacy policy aims to guarantee that:
1. In certain versions of the platform, by accessing the personal profile, the User may, at any time, modify his or her personally identifiable information.
2. At any time, you can request the removal of your account through the address gdpr@eccocar.com. ECCOCAR will deactivate the account within one month, as long as the legal requirements for data protection and conservation are met. The personal data of closed accounts will be archived in accordance with the applicable rules in order to respect the law, prevent fraud, recover amounts owed, resolve disputes, solve technical problems, participate in investigations, apply our General Conditions of use and take any Another measure allowed by law.
3. ECCOCAR undertakes to fulfill its obligation of secrecy of personal data, its duty to keep them and not to communicate them to third parties, without the express consent of the owner thereof, and will take the necessary measures to prevent their alteration, loss, unauthorized treatment or access, taking into account the state of the technology at all times, complying with the legally established technical and organizational security measures.
4. ECCOCAR will not disclose information to any third party other than those designated as recipients of transfers or transfers, except:
a. If we are under the obligation to disclose or share your personal data in order to comply with any legal obligation (for example, if required by a court order or for the purpose of preventing fraud or other crime).
b. In order to enforce the conditions of use that apply to any part of the Platform, or to enforce any of the terms and conditions or agreements so that our services are applicable.
c. To a third party as part of a sale of part or all of our business and assets to a third party or as part of a corporate restructuring or reorganization, but always ensuring that your rights to privacy remain protected.
2. Private services.
Recruitment of Insurance Policies for Individuals:
In the event that the hiring of an insurance policy for days is required through the PLATFORM, ECCOCAR may share information with its insurance policy provider for days. In this case:
Eccocar Sharing S.L. NIF B87359485 acts as an external assistant of New Insurance Broker Web S.L. ("The brokerage") under art. 8 of Law 26/2006 of July 17, on insurance and private reinsurance mediation.
New Insurance Broker Web SL, insurance brokerage with registered office at number 2 of Pollensa street (Las Rozas CP 28230) and NIF B86318797, is registered in the Mercantile Registry of Madrid, Volume 5082, Folio 138, 1st Registration, Sheet M -83287. It is registered in the Special Registry of Insurance Mediators, with registration code J3262, under the General Directorate of Insurance and Pension funds of the Ministry of Economy and Finance (entity in charge of supervising our activity).
The brokerage has a Civil Liability Insurance, according to Law 26/2006 on Insurance Mediation and private reinsurance.
The Brokerage exercises its activity free of links that imply an effect on any insurance company. In this sense, it offers independent, professional and impartial advice adapting them to the needs of the users. The offer that you can request and / or present is the result of the independent and objective advice provided by this Brokerage who, among insurance of the same type of different insurance entities, proposes the one that, according to his professional criteria, best adapts to the needs of the applicant , taking into account both the information provided by it and an experience of more than 20 years in the market.
In accordance with current legislation, this Brokerage has an external Customer Service, which will resolve your complaints and claims within two months from the date of submission.
INADE, Atlantic Insurance Institute
C / La Paz, 2 Under 36202 Vigo (Pontevedra)
Tel: 986 485 228 Fax: 986 485 653
E-mail: atencioncliente@inade.org
Web: www.inade.org
Legal Notices
December 1st 2019
1. Ownership.
This document is constituted as the Legal Notice that regulates the access, navigation and use of the website located at the URL www.eccocar.com, or any derivative thereof; of the “eccocar” application, or any derivative thereof, in any type of device; as well as any software and / or development of the previous ones (all in future, the PLATFORM), property of “Eccocar Sharing S.L. (hereinafter ECCOCAR), with registered office at Rúa das Pontes 6 (Vial A), Aerospace Technology Building, Porto do Molle Business Park, 36350 Nigrán, Pontevedra, contact phone +34 902 01 80 28, email address: contact @ eccocar.com, provided with CIF no. B87359485 and registered in the Mercantile Registry of Madrid on 02/09/2015 at volume 33797, folio 180, section 8, page 608300 and inscription 1.
2. Conditions of Access and Use of the Platform.
The use of this Platform implies the attribution of the condition of “User” and, where appropriate, full acceptance of all the provisions included in this “Legal Notice” from the moment it is accessed as such User. Likewise, the User also undertakes to use the contents and services available through the Platform according to what is indicated in the “Privacy and Data Protection Policy” section.
The contents of the Platform, especially informative and advertising references, unless expressly stated otherwise, do not constitute a binding offer.
According to the LSSICE, ECCOCAR does not perform spam practices, so it does not send commercial emails that have not been previously requested or authorized by the User. Consequently, the User has the possibility of giving their express consent to receive them through the registration process established in the Platform, regardless of the commercial information requested.
The consent given may be revoked at any time by the User through the procedure established in the Platform itself.
ECCOCAR is not responsible for non-own content that can be accessed through links or links, or for any content made available by third parties.
Any use of an access link to a non-own website is carried out at the sole will and risk of the user and ECCOCAR does not recommend or guarantee any information obtained through a link or link outside the provider's website.
However, the User is authorized to make links or links that lead to the ECCOCAR Platform as long as:
1) The identity of its owner is recorded.
2) Do not use the ECCOCAR brand or any other distinctive sign that may confuse the ownership of the Platform that establishes the link.
3) The pages or sites of the network through which the link is made should not violate morals, public order and good customs and must be respectful of the principles of non-discrimination and respect for the dignity of the person, the protection of youth and children and, in general, all those included in article 8 of the Law on Services of the Information Society and Electronic Commerce.
4) The web page where the link is established will not contain false, inaccurate or illegal information or content.
5) The establishment of the link does not imply in any case the existence of relations between ECCOCAR and the owner of the website on which it is established, nor the acceptance or approval by ECCOCAR of its contents or services so it will not be declared nor will it be implied that ECCOCAR has authorized the link or that it has supervised or assumed the services made available to the website on which the link is established.
ECCOCAR is not liable under any circumstances for damages that may arise from the illegal or improper use of this Platform. At the same time, ECCOCAR is exempt from any responsibility for damages that may be caused as a result of access, reproduction, capture and transmission of the contents and services of the website provided by third parties.
ECCOCAR reserves the right to modify this “Legal Information”, including its privacy and commercial policy, in order to adapt it to legislative or jurisprudential developments, or by business criteria.
The use of this Platform must be in accordance with the law, ECCOCAR being exempted from any liability that could be resigned for a use contrary to it.
3. Platform Warranty.
ECCOCAR disclaims any liability arising from the information published on its Website or any other dependent on it, provided that this information has been manipulated or introduced by a third party outside the organization.
This Platform aims to minimize problems caused by technical errors. However, some data or information contained in the pages may have been created or structured in files or formats not exempt from errors, so it cannot be guaranteed that the service will not be temporarily interrupted or otherwise affected by such technical problems. ECCOCAR assumes no responsibility for such failures or technical errors that may arise as a result of the consultation of other pages, or of those other external objects forwarded to the main page.
At any time and without prior notice to the User, ECCOCAR may carry out the temporary suspension of services on its Platform due to technical problems or force majeure. ECCOCAR also reserves the right to temporarily or permanently interrupt the services provided through its Platform, warning it, when possible, through an announcement on the Platform itself.
4. Intellectual Property
The content of the Platform is an original work and protected by Intellectual Property Law with all rights reserved in favor of ECCOCAR, not allowing reproduction or transmission in any form or by any means, part or all of the content of the material of this Platform, including without limitation, text, graphics, design code, etc., without prior authorization of the author. At no time may it be subject to copy, modified or decompiled of the source code by reverse engineering or any other technique for this purpose.
All ECCOCAR logos and trademarks are registered as trademarks in the corresponding public registries, thus counting on the benefit of the public faith registered in the event of any dispute in this regard.
The logos outside ECCOCAR that may appear on the Platform belong to their respective owners, who are in any case responsible for any possible controversy that may arise regarding them. The placement of these logos on the ECCOCAR Platform has been in any case, prior communication and acceptance by the owners.
The design of the Platform is the exclusive property of ECCOCAR, therefore, the express and written authorization of ECCOCAR will be necessary for its partial or total reproduction, as well as for its exploitation, distribution and commercialization in general.
Claims that could be filed by Users in relation to possible breaches of intellectual or industrial property rights over any of the Contents of this Platform should be addressed to the following email address: contacto@eccocar.com.
5. Use of Cookies and Activity File.
Cookies Policy
In accordance with article 22.2 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, we inform you that, with the acceptance of this Legal Notice, you accept the use of Cookies , pixels and tags (collectively, the “Cookies”) by ECCOCAR so that it can provide you with the service it offers, as well as improve the service, also facilitating the use of our web platform.
What are cookies?
Cookies are small files or devices that are downloaded to the computer or other equipment that you use when accessing and browsing certain web pages. Cookies are used to store and retrieve data about your browsing habits, your computer, connection time, analyze the operation of the page, etc. and, with it, to be able to provide certain services, offer advertising or be able to implement improvements or new services.
What cookies do we use?
The cookies we use are:
Technical cookies: These are those that allow the User to navigate through a web page, platform or application and use the different options or services that exist there, such as, for example, control traffic and data communication, identify the session, access restricted access parts, remember the elements that make up a rental, carry out the rental request process, use security elements while browsing, store content for the dissemination of videos or sound or share content through social networks.
Personalization cookies: These are those that allow the user to access the service with some predefined general characteristics based on a series of criteria in the user's terminal, such as the language, the type of browser through which the service is accessed, the regional configuration from where you access the service, etc.
Analysis cookies: These are those that allow the person responsible for them to monitor and analyze the behavior of the users of the websites to which they are linked. The information collected through this type of cookies is used in the measurement of the activity of the websites, application or platform and for the elaboration of navigation profiles of the users of said sites, applications and platforms, in order to introduce improvements in function of the analysis of the usage data made by the users of the service.
Behavioral advertising cookies: These are those that allow the management, in the most efficient way possible, of the advertising spaces that, where appropriate, the editor has included in a web page, application or platform from which it provides the requested service. These cookies store information on the behavior of users obtained through the continuous observation of their browsing habits, which allows developing a specific profile to display advertising based on it.
Likewise, ECCOCAR may use the following third-party cookies that collect information for statistical purposes, for the use of the web platform by the User and for the provision of other services related to the activity of ECCOCAR and other Internet services. Between them:
Branch, Sentry and Google Stackdriver, Analytics and Firebase to monitor the use of the platform, prevent and correct errors and for the realization of our statistics and analysis on the number of visits, duration, socio-demographic data of the user (language, location, Internet provider ...), etc.
Sendgrid to send email notifications.
Stripe to perform monetary transactions.
Jira and Aircall to give user support through email and phone, respectively.
In any case, you can allow, block or delete the cookies installed on your computer by configuring the browser options that you use on your computer.
However, if you delete or block cookies from this platform, part of it may stop working or its quality may be affected.
Here are some links with the instructions to follow to delete, enable and manage cookies, depending on the browser you use:
- You can get more information about the Firefox browser from here:
- You can get more information about the Chrome browser from here:
https://support.google.com/chrome/answer/95647?hl=es
- You can get more information about the Internet Explorer browser from here:
https://support.microsoft.com/es-es/help/17442/windows-internet-explorer-delete-manage-cookies
- You can get more information about the Safari browser from here:
https://support.apple.com/kb/PH19214?viewlocale=es_ES&locale=es_ES
How long do we store them?
When you accept our legal notice and cookie policy, the permission to use cookies will be maintained for 24 months, after this time the notice will be shown again, and if you wish, you will have to give us your agreement again.
6. Applicable law.
For any litigious matter that concerns the Website of www.eccocar.com or any of those that depend on it, Spanish legislation will be applicable, being competent for the resolution of all conflicts arising or related to the use of this Platform, the Courts and Tribunals of Madrid l (Spain).
The following means are available to Users where they can address their requests, issues and claims:
Shipping by postal mail to the following address: Rúa das Pontes 6 (Vial A), Aerospace Technology Building, Porto do Molle Business Park, 36350 Nigrán, Pontevedra.
Sending by email to the address: contacto@eccocar.com
