TERMS AND CONDITIONS OF USE
CONDITIONS OF USE AND INFORMATION ON THE PROTECTION OF PERSONAL DATA
CONDITIONS OF USE OF THE APP
1. Scope of application
These terms and conditions of use govern the relationship between the Customer and the Venetian Company for Mobility spa (hereinafter AVM for short) regarding the purchase of travel tickets for local public transport, payment of the fee for the "Parcheggia Venezia" service (for parking on the so-called "blue stripes" with the exception of the Piazzale Roma, San Giuliano and Interspar areas), and the fee for the use of the intermodal exchange car parks of the Municipality of Venice (both, hereinafter, also only "paid parking") through the use of AVM Venezia Official APP.
The terms, conditions and prescriptions that govern the operations and methods of access and use of public transport and pay parking and that establish the obligations and responsibilities of the service operator and the customer are contained in documents published on the website www.avmspa.it and www.actv.it.
The App is available for iOS, Android and Windows Phone platforms (Version 188.8.131.52 only available for local public transport purchase and consultation). When purchasing Actv public transport tickets, we recommend that you install it only on smartphone-type devices. Compatible with the system are supports whose height is less than 14 cm, and width is less than 9 cm (thus excluding tablets, even 6-inch ones).
2. Value of Terms and Conditions
By downloading the application from the store associated with the operating system and registering to the application, the Customer fully accepts all these terms and conditions of use, none excluded.
AVM reserves the right to unilaterally amend these terms and conditions of use at any time. It is the Customer's sole responsibility to check, at each access to the App, whether any changes have been made. The use of the App implies full acceptance of any changes.
3. Operating instructions
The purchase of a ticket for local public transport or the payment of the fare for the "Parcheggia Venezia" service (stop on the so-called "blue stripes") and the fare for the use of the intermodal car parks of the Municipality of Venice is at the exclusive risk of the Customer. The Customer must ensure that its mobile device is protected from unauthorised access. To minimise any damage, the Client undertakes to promptly report to AVM any suspicion of unauthorised or unauthorised use of its account used to access the App.
In order to proceed with the first purchase of tickets and payment of the fare for the "Parcheggia Venezia" service (stop on the so-called "blue stripes") or for the use of the intermodal exchanger car parks of the Municipality of Venice, the Customer must perform the registration operation by entering the data required by the App. For all subsequent accesses, it will be sufficient for the Client to log in by entering his/her e-mail address and password.
Upon registration, the Customer shall become solely responsible for all activities conducted through the Customer's account. AVM disclaims any liability for errors made by the Customer during registration.
To use the service, the Customer must provide AVM with its personal data, e-mail address and the mobile phone number associated with the smartphone on which the App is downloaded. It is the Customer's responsibility to verify the correct recording of his/her data.
The Customer is solely and exclusively responsible for the confidentiality of his password. If the Customer has reason to believe that third parties have had access to or become aware of the password, the Customer must immediately change his password.
4. Methods of payment
Payments can be made, after registration, either by credit card or electronic purse.
Credit cards include prepaid cards that are members of the Visa and Mastercard circuits, whose data must be entered following registration or when purchasing.
The electronic purse is a dematerialized payment instrument (virtual wallet) through which it is possible to build credit through subsequent recharges to be used for transactions relating to the services used and subsequent withdrawal to scale the amounts due. Once the transaction is completed, a payment receipt will be sent to the Customer's e-mail address. The customer must pay the available credit contained in his electronic purse.
5. Complaints and liability
Any voluntary or involuntary operation carried out by the Customer that involves the loss of the purchased and unused travel tickets or the remaining credit inside the electronic purse is the sole responsibility of the same including, by way of example, cases of uninstallation of the App, malfunction and formatting of the device, loss of the same. It is the Customer's responsibility to guarantee the data connection and the proper functioning of the mobile device for as long as is necessary to use the service purchased.
Any malfunctions of the App (which must be promptly reported to the assistance service) do not go beyond the payment of services (parking or tpl) which will therefore be purchased from alternative sales channels "
AVM will reimburse any purchased or unduly withdrawn transaction only if a debit has occurred due to incorrect processing of the transaction to be charged to the payment system.
Notwithstanding the provisions of the previous point, you can uninstall the App from your device in any moment without prior notice and can request the deletion of your account and personal data right from your mobile device by clicking on “"Cancel personal data/account cancellation" available in the Profile section (this action is possible if your e-Purse has no residual credit and if no transport ticket is still valid) or filling the dedicated form "REQUESTS REGARDING PRIVACY AND PERSONAL DATA PROCESSING " available in the “contact” section of the AVM/ACTV web sites, attaching a copy of your identity card with your signature at the foot of it (in case of transport tickets o residual credit in the e-Purse still available).
7. Intellectual Property
All copyrights in the App are owned by AVM and its licensors. The use of any part of the App, except for the use permitted by these terms and conditions, is strictly prohibited and infringes on the intellectual property rights of third parties and may expose the Customer to civil and criminal penalties, including possible monetary damages, for copyright infringement.
AVM, the AVM Group logo and the other trademarks of the AVM Group, graphic signs and logos used in connection with the App constitute trademarks or registered trademarks of the AVM Group. The customer has no right or license to use any of the trademarks mentioned and to use any such trademarks.
INFORMATION ON THE PROTECTION OF PERSONAL DATA UNDER EUROPEAN REGULATION 2016/679
Azienda Veneziana della Mobilità S.p.A. (hereinafter AVM) manages and provides the urban public transport service of the municipalities of Venice and Chioggia, the extra-urban transport service of the southern-central area of the metropolitan city of Venice, as well as the private and integrated mobility services of the municipality of Venice (car parks, car parks, bike sharing, docks, etc.).
It is the parent company of the AVM Group and controls the companies ACTV s.p.a. and Ve.La. s.p.a.
To provide these services, AVM issues the customer with travel tickets or other forms of ticketing, also through the website www.avmspa.it, www. www.actv.it, www.veneziaunica.it and the AVM Venezia Official App.
AVM is, therefore, the data controller of the personal data collected.
Therefore, AVM hereby provides information regarding the processing of data carried out through the AVM Venezia Official App (hereinafter also referred to as the "APP").
WHAT PERSONAL DATA ABOUT YOU CAN BE COLLECTED THROUGH THE APP?
The following categories of personal data concerning you may be collected:
• Personal Data - Information about your name, surname, phone number, email address and, if you connect to our app, through social login (i.e. the account of a social you are registered to), also the data that is visible in that social according to the privacy settings you set.
• Payment details - the credit card details of the credit card used to make the purchase.
• Vehicle data - registration number and description of the vehicle registered in the APA for parking services.
• Image - the photo uploaded by the user to his profile, if any.
• Use of the APP - information on how the APP is used.
FOR WHAT PURPOSES YOUR DATA MAY BE USED
The processing of personal data in accordance with European data protection legislation must be subject to one of the legal "prerequisites", and we are obliged to inform you thereof.
a. Access to the APP
To purchase the services available through the APP, AVM collects the personal data necessary for the creation of your account; such data is always at your disposal by clicking on the Account icon accessible from each page of the APP, and may, therefore, be modified by you at any time. Prerequisite for treatment: fulfillment of contractual obligations
The provision of data is mandatory to allow you to take advantage of the functionalities of the APP.
If you decide to do so, you may, on your own, add to your Account a photo which, at your discretion, may also represent your image. The provision of this information is entirely voluntary and does not affect the creation of the account itself or access to the APP. The legal basis of this processing is, therefore, his consent expressed unequivocally through the autonomous and non-binding procedure of uploading the image. You can revoke your consent at any time by simply deleting the photo from your account.
b. Purchases through the APP
AVM may process your personal data to provide the services both concerning local public transport and concerning parking services. AVM may also use its data to provide information to you using push notifications about the imminent expiration of the securities purchased. You can deactivate these notifications at any time by clicking on the appropriate button in your Account settings.
Prerequisite for treatment: fulfilment of contractual obligations. The provision of data is required to provide the requested service.
The APP also provides services that require the activation of the geolocation function, such as the function "Time and route search" or "Find my car". All these services are rendered using only the geo-location function available on the mobile device on which the APP has been downloaded, without AMV being able to access the georeferenced data in any way. In any case, the geolocation function is activated only if you consent at the time of the first opening of the APP; subsequently, it can be deactivated at any time, by clicking on the appropriate icon in the sections that require this service. In this case, some features of the APA may not be available.
c. Customer Satisfaction Surveys
AVM may use its contact data to conduct institutional surveys aimed at measuring the level of customer satisfaction with the service provided.
A precondition for processing: legitimate interest
With this activity, the owner complies with the contractual obligations assumed under the service contract in force with the awarding body and carries out all useful activities to improve, implement and make more efficient the service itself.
d. Compliance with legally binding requirements to comply with legal obligations, regulations or orders of a court, and to defend a right in court
AVM collects your personal data to comply with the law and to defend its rights in court.
Prerequisites for treatment: legal obligations, which AVM is obliged to comply with.
HOW DO WE KEEP YOUR PERSONAL DATA SAFE
AVM uses a wide range of security measures to improve the protection and maintenance of the security, integrity and accessibility of your personal data.
Although the intrusion security of Internet data transmission cannot be guaranteed, we and our suppliers and business partners are committed to ensuring physical, electronic and procedural safeguards to protect your personal data in compliance with data protection requirements.
All of your personal data is stored on our secure servers (or secure paper copies) or those of our suppliers or business partners and is accessible and usable in accordance with our security standards and policies (or equivalent standards for our suppliers or business partners).
However, you are responsible for the confidentiality of the password that allows you to access the APA. Please do not share your password with anyone.
HOW LONG DO WE STORE YOUR DATA
We store your personal data only for the time necessary to achieve the purposes for which it was collected or for any other legitimate purpose related to it. Therefore, if personal data are processed for two different purposes, we will retain those data until the purpose expires with the longer term, but we will no longer process personal data for that purpose for which the retention period has expired.
We limit access to your personal data only to those who need to use it for relevant purposes.
Your personal data, which is no longer needed or for which there is no longer a legal basis for its storage, is anonymised irreversibly (and in this way can be stored) or securely destroyed.
Below are the storage times in relation to the different purposes listed above:
a) access to the APP: the data processed for this purpose may be kept for the entire duration of the contract until you request cancellation of the account.
b) purchases through the APP: the data processed to fulfil any contractual obligation may be kept until the conclusion of accounting and administrative formalities and limited to any accounting documents (such as invoices) for the next ten years, in compliance with legal obligations.
c) in the event of a dispute: if we need to defend ourselves or to act or even make claims against you or any third party, we may retain personal data that we reasonably deem necessary to process for such purposes, for as long as such claim can be pursued.
WITH WHOM WE MAY SHARE YOUR PERSONAL INFORMATION
Your personal data may be accessed by AVM employees, suppliers and collaborators, duly identified as data controllers, who provide support for the provision of services, as well as public entities that may access them by legal provisions (e.g. judicial authorities, public security authorities).
If you have any questions regarding the processing of your personal data by us, please use the web form "privacy" in the "contacts" section of the site ww.avmspa.it or contact the telephone number 0412722111, asking the secretariat of the Legal and Corporate Affairs.
We would also like to inform you that the Company has appointed an external data protection officer (DPO), whose contact details are firstname.lastname@example.org, to whom you may apply in general for matters relating to the protection of personal data and related rights.
YOUR DATA PROTECTION RIGHTS AND YOUR RIGHT TO LODGE COMPLAINTS WITH THE SUPERVISORY AUTHORITY
• You have the right to ask us in accordance with the law:
• access to your personal data
• the portability of the personal data you have provided us with
• rectification of the data in our possession
• the deletion of any data for which we no longer have any legal basis for processing
• the limitation of the way in which we process your personal data, in the cases provided for by law.
Also, you may exercise your right to object in the case of data processed for legitimate interest, in particular in the case of customer satisfaction.
The exercise of these rights is subject to certain exceptions aimed at safeguarding the public interest (e.g. the prevention or identification of crimes) and our interests (e.g. the maintenance of professional secrecy). If you exercise any of the above rights, it is our responsibility to ensure that you are entitled to exercise them, and we will normally provide you with feedback within one month.
For any complaints or reports on how your data will be processed, the Company will make every effort to respond to your concerns. However, if you wish, you may submit your complaints or reports to the data protection authority (Data Protection Supervisor), using the contact details at www.garanteprivacy.it