Terms and conditions

TERMS AND CONDITIONS

Index

  1. WHO IS ABLE TO RENT AND USE WYZE VEHICLES? 
  2. HOW TO START?
  3. HOW DOES THE APP WORK?
  4. HOW TO START THE USAGE OF WYZE VEHICLES?
  5. HOW DOES IT WORK DURING THE USAGE? 
  6. HOW SHOULD I TERMINATE THE USAGE? 
  7. WHAT IS THE PRICE OF THE SERVICE? 
  8. HOW IS THE PAYMENT PROCESSED? 
  9. DO I NEED INSURANCE? 
  10. WHAT TO DO IN CASE OF AN ACCIDENT? 
  11. WHAT TO DO IN CASE OF DAMAGE? 
  12. ROBBERY OR THEFT: WHAT TO DO? 
  13. WHAT HAPPENS IN THE EVENT OF APPLICATION OF FINES OR ADMINISTRATIVE PENALTIES? 
  14. WWHAT IS THE TERM OF THESE T&CSs? CAN I TERMINATE MY RELATIONSHIP WITH WYZE? 
  15. IS IT POSSIBLE TO AMEND THESE T&CSs?
  16. CAN THE PERSONAL DATA OF THE USER BE AMENDED?
  17. WHAT TO DO IN THE EVENT OF A CLAIM? 
  18. APPLICABLE LAW AND DISPUTE RESOLUTIONS 

Annexes:

Annex I: Privacy Policy of WYZE

Annex II: List of Costs and Penalties

Annex III: Friendly Declaration of accident (“Declaração Amigável”)

The User hereby declares that she/he is able and properly trained to ride mopeds (50 cc equivalent) and that she/he possesses a license which is in full compliance with the applicable Law.

WYZE Mobility is not bound in any form by the User´s non-observance of the prior statement.

 

TERMS AND CONDITIONS – WYZE

 

  1. WHO IS ABLE TO RENT AND USE WYZE VEHICLES?

The vehicles provided by WYZE for transportation services are its sole responsibility. In order to rent and use WYZE vehicles (the “Service“), the User must act in accordance with the present terms and conditions (the “T&CS“).

WYZE vehicles may be used exclusively by persons over 18 (eighteen) years old, holding a valid driving license in any country belonging to the European Union or abroad, entitling the registered user who activates the vehicle (the “User“) to drive a vehicle equivalent to, at least, 50cc under the Portuguese law.

Each WYZE vehicle can be used by the User, and this User must be registered with WYZE.

The User may transport a third person in/on WYZE´s vehicles. In such event, the User will remain fully responsible for compliance with these T&CSs.

The User hereby declares and assures that, in case she/he allows the use of the vehicle by any third person, she/he shall be liable for any damages, direct or indirect, that may be caused by the third person to the vehicle(s) of WYZE.

The User hereby declares and assures that she/he is familiar with the riding of similar vehicles under all possible conditions – physical, traffic and atmospheric – during the period of usage, complying with all the laws applicable to the driving of vehicles in Portugal.

The User hereby declares and assures that she/he is not under the influence of alcohol nor of psychotropic substances at all times during the usage of WYZE vehicles.

  1. HOW TO START?

Firstly, the User must download WYZE Mobility´s App through AppStore or Google Play to their mobile device (smartphone). The App is available for mobile devices with IOS and Android operating systems. All intellectual property rights pertaining to the App are the property of WYZE and its licensors.

After downloading the App on their mobile device, the User must register as such with WYZE, filling out the respective form with the requested data therein and accepting, expressly and without any reservation:

  • these T&CS
  • the Privacy Policy of WYZE
  • the List of Prices and Penalties
  • the Insurance Terms and Conditions.
  1. HOW DOES THE APP WORK?

Once the account is created, it will become effective once the registration is finished and all the data supplied is validated. Access to this account will be done by entering the User data provided by the User and the respective password.

From the moment the User account is validated, you can start traveling with WYZE. Just find one of our scooters, rent it and enjoy the ride safely while complying with all driving laws and parking rules for motorcycles. Upon arrival at your destination, you must ensure that you end the usage in accordance with the list of actions that is made available before the closure of the transaction.

  1. HOW TO START THE USAGE OF WYZE VEHICLES?

The User hereby declares to be aware of the rules of the Portuguese Road Code (“Código da Estrada”) and the municipal regulations applicable to the use of WYZE vehicles.

The User is responsible for the network connections and charging status (battery) of her/his mobile device, hereby acknowledging that they are necessary for the provision of the Service by WYZE, as well as for any access or mobile data fees incurred related to the use of WYZE vehicles.

The User will be enabled to reserve WYZE vehicles for a period of 10 minutes prior to commencement of usage of the WYZE vehicle. To do so, the User will have to choose the option Reserve in the App. Alternatively, WYZE will make available, until the end of July 2019, the possibility of reserving its vehicles through QR and numeric codes.

The potential cancellation of the reservation within the defined period will not have any additional costs. However, the User commits not to repeatedly reserve and cancel, or otherwise allow the expiration, of more than 3 (three) reservations within a less than 1 (one) hour. If, for any reasonable motive, the User finds it impossible to proceed with a reservation after 3 attempts and still wishes to proceed, she/he must contact WYZE swiftly and expose the difficulty(ies) encountered.

The User further acknowledges that the quality and availability of the Service may be impaired by factors external to WYZE, taking into account that it is provided through mobile internet, for which WYZE cannot be held liable.

WYZE vehicles are equipped with GPS tracking devices, which must be synchronized with the location service of the User’s mobile device.

Prior to the usage of any WYZE vehicle, the User shall:

  • inspect the vehicle in order to confirm that it is in a good usage condition;
  • verify the operating components of the WYZE vehicle (seat, handlebar, lights, brakes, tires, rearview mirrors);
  • confirm the autonomy of the battery in order to ensure it will suffice for the User to conclude the trip within the area of use, as WYZE is entitled to apply penalties for vehicles that run out of battery power outside the operation area.

To initiate the usage of a WYZE vehicle, the User must first find the vehicle closest to the starting point of the trip, followed by pressing the Book button on the App. Once the reservation is confirmed, she/he must press the button Start. There are 2 helmets inside the topcase; to access them, the User shall press the Open Case option, remove the helmet(s), put it/them on and start the journey after pressing the Start/Stop button on the scooter.

In the event of detecting any defect or technical failure that may impair the usage of the vehicle, the User must contact WYZE immediately through the contacts available in section 17. WYZE will cancel the rental free of charge if it is notified about the defect or technical failure within the first 5 (five) minutes, as long as the trip has not started.

  1. HOW DOES IT WORK DURING THE USAGE?

The User undertakes to use and ride WYZE´s vehicle in accordance with the basic driving and circulation rules applicable, in particular in the Road Code (“Código da Estrada”) or any related municipal regulation.

The circulation of WYZE vehicles is prohibited in the following situations:

  1. in motorways, expressways, main or complementary routes, or in any road where the applicable legislation does not allow it;
  2. during adverse weather conditions, such as heavy rains and storms, snow, hail and fog;
  • if the User verifies that the WYZE vehicle has some obvious technical default that damages its use;
  1. simultaneously with any type of mobile electronic device use, even if using headphones;
  2. under the influence of alcohol or psychotropic substances;
  3. for the remunerated transportation of passengers or for the carriage of merchandise and of dangerous or illicit materials;
  • for advertising or commercial purposes.
  1. HOW SHOULD I TERMINATE THE USAGE?

 

To end a trip, the User must park the vehicle in any designated parking area for motorcycles and mopeds, place the central-stand, press the Open Case button, properly place the helmet(s) in the topcase and finish the trip by selecting the option Finish and wait for confirmation of finalisation. Once the usage of is complete, the information regarding it will be available in the App.

Should the User fail to complete the use of the WYZE vehicle, in particular due to technical issues, lack of battery of their mobile device, or lack of connection to the Internet, she/he should contact WYZE as soon as possible.

The User will be responsible for the correct use of the vehicle of WYZE, being obliged to return it in the same conditions in which she/he began its usage. The User is also responsible for the correct parking of the vehicle during (in case the trip is paused) and at the end of its usage, taking responsibility for any penalties resulting from undue parking. In other words, the vehicle must be parked in parking spaces for motorcycles and mopeds, according to the Road Code (“Código da Estrada”) and municipal legislation, within WYZE´s area of usage. The User should check that the scooter does not disturb third parties, both on the road and during rides. If the scooter is parked in violation of the above provisions, additional charges may apply at the applicable rate at any time, without prejudice to any administrative penalties that may be attributable to the User as defined in section 13.

  1. WHAT IS THE PRICE OF THE SERVICE?

The amount of WYZE’s vehicles usage shall be calculated on the basis of the price applicable at the time of the start of each trip. The updated price list will be available in our App, as well as in Annex II to these T&CS, and may be modified in accordance with section 15.

Amounts collected by WYZE include the value corresponding to taxes and charges required by law.

If the User does not agree with the amounts charged by WYZE as payment for the Service rendered, or with the application of any of the established penalties, she/he must contact WYZE in writing within 7 (seven) days of through the contacts available in section 17.

  1. HOW IS THE PAYMENT PROCESSED?

Payment will be made by debit card, through third parties (payment service providers), under the following terms:

  • Debit / credit cards and other electronic means of payment;
  • Conversion of credits based upon the User´s carbon footprint (savings of CO2 generated);
  • Cash;
  • Bank transfers.

The User undertakes to ensure the necessary conditions to make the payment due for the usage of the WYZE´s vehicles, as well as all taxes and charges that may be due, according to the rates that are applicable at the time of usage, and other charges and penalties to which it may be subject in accordance with these T&CS.

The User hereby authorizes WYZE to automatically debit any amounts due in accordance with these T&CS. Should WYZE not be able to debit the amounts owed for reasons attributable to the User, the Service will be suspended until payment of the said amounts, without prejudice of its ability to demand payment by the User of the applicable interests at the legal rate.

  1. DO I NEED INSURANCE?

The provision of the Service by WYZE includes a rate which includes Civil Liability insurance, as detailed in these T&CS. This insurance will not be applicable in case of non-compliance by the User with any of the conditions described in these T&CS.

The accessories (helmets, topcase, rearview mirrors) are not covered by insurance, and are the sole responsibility of the User. Cases of theft or robbery of personal belongings left in the vehicle, puncture of tyres as well as the damage and loss of own or third parties resulting from riding WYZE vehicles in conditions contrary to the rules of transit, as well as riding WYZE vehicles by a third person other than the User, are not included in the insurance.

In the above mentioned cases, the User will be solely and personally responsible for any damages that WYZE vehicle, its occupants or any third parties may suffer. In case of guilt of the User, damages caused to the vehicle will be charged and invoiced according to the rates corresponding to the associated tariff at the time of the occurrence, as per Annex II.

The total cost of the vehicle / moped offered by WYZE is of € 2.500, and this value caps the maximum responsibility of the User.

Should there be a significant damage which might result in the total loss of the vehicle, the evaluation of damages will be conducted by and independent party, and the resulting report shall be made available to the User.

Such cap shall not be applicable and the User will be liable for any and all damages caused if it is attributable to:

  • the incorrect use of the vehicle;
  • the incorrect filling of the Friendly Declaration of accident (“Declaração Amigável” as per Annex III) or the corresponding report of the accident or theft, as applicable, in which it must clearly be stated all data concerning the identification of the vehicles and drivers involved, as well as the conditions and circumstances under which such a situation occurred.

The lack of communication or denial by the User in providing their version of the occurrence shall imply a penalty in accordance with the table included in Annex II to these T&CSs, with the User being exclusively and personally liable for damages and/or damages that the vehicle, its occupants or any third party may suffer.

  1. WHAT TO DO IN CASE OF AN ACCIDENT?

In the event of a WYZE vehicle being involved in any accident or breakdown, the User must immediately contact WYZE and send the Friendly Accident Statement under section 17. The User is obliged to follow the instructions received, under penalty of the application of penalties by WYZE.

WYZE may send an employee to the accident site if it is considered convenient, and the User must remain at the accident site until his / her arrival.

The User will send the Friendly Declaration to WYZE within 48 (forty eight) hours from the time of the accident, except in cases of force majeure, which must be duly justified.

If WYZE receives a claim for damages arising from an accident which has not been communicated by the User, WYZE reserves the right to claim the corresponding costs plus applicable penalty, as well as to suspend the Service, based on the provisions of these T&CSs.

  1. WHAT TO DO IN CASE OF DAMAGE?

The User is responsible for any damages caused to WYZE´s vehicle resulting from its usage, and to inform WYZE whenever they occur using the appropriate channels (telephone or e-mail).

Notwithstanding the application of penalties, in case the User fails to comply with the rules included in these T&CSs, in particular due to lack of diligence or fault (negligence and willful misconduct), and therefore causes damages to WYZE´s vehicle, she/he will be liable for all caused damages and shall be obliged to compensate WYZE for such damages.

If the User detects any damage before starting a trip, WYZE requests that it be reported immediately by telephone or e-mail.

  1. ROBBERY OR THEFT: WHAT TO DO?

Should a vehicle or any of its accessories pertaining to WYZE be stolen or subject to acts of vandalism during its usage, the User shall do all the following:

(i)       immediately contact WYZE User Support Service (see section 17); (ii)     report the occurrence to the competent authorities;(iii)    submit a copy of such report by e-mail to the address indicated in section 17, within        24 (twenty four) hours after the conveyance to the authorities.

In case of theft, loss, loss or abandonment of the WYZE vehicle, the User is obliged to pay WYZE the amounts established in accordance with Annex II to these T&CSs.

  1. WHAT HAPPENS IN THE EVENT OF APPLICATION OF FINES OR ADMINISTRATIVE PENALTIES?

For the purpose of complying with legal obligations, WYZE reserves the right to identify the User who has committed traffic or parking violations before the Public Authorities, in accordance with the applicable legislation and regulations.

WYZE also reserves the right to charge to the User responsible for WYZE´s vehicle at the time of the infringement, all costs incurred by the infringements committed by her/him, including, in particular, all expenses and charges incurred by WYZE and the resulting penalties and costs of court proceedings.

The User is responsible for confirming that there are no permanent or temporary prohibitions at the parking place (works, fairs and markets, festivities, events, etc.). If the vehicle is collected by municipal authorities, Police or other similar entities during the Service or after parking in a prohibited area, all costs and administrative penalties resulting from the undue parking shall be charged to the User responsible for the infringement, in addition to the corresponding penalty established in accordance with Annex II to the present T&CSs.

Failure to pay any fines and /or penalties will result in the suspension and/or termination of this contractual relationship between the User and WYZE, which may, in addition to claiming the amounts due, take any measures deemed appropriate to be reimbursed for damages and losses, as well as to proceed with any compensation filing that might be deemed pertinent.

  1. WHAT IS THE TERM OF THESE T&CSs? CAN I TERMINATE MY RELATIONSHIP WITH WYZE?

The relationship between the User and WYZE is based on the free will of the Parties. Thus, the present T&CSs shall be valid for an indefinite duration until WYZE and/or the User intend to terminate the effects of their contractual relationship.

The User may terminate these T&CSs:

  • by simple written notification (via e-mail) and at no cost other than that of the services actually used up to that time, in accordance with the legal regime applicable to remote contracts;
  • by opposition to any changes to the present T&CSs, which shall be sent under the terms set out in section 17;
  • by mere resolution through a simple written notification (via e-mail).

The User will only be unable to terminate the present T&CSs in the course of the usase of any WYZE vehicle, that is, during a trip.

In turn, WYZE can cease the present T&CSs:

  • by termination, in case of default or severe breach of these T&CSs by the User, notwithstanding the applicability of other penalties;
  • by opposition of the User to any amendments made in this T&CS, pursuant to section 17;
  • by a simple notification sent via the App or by email.

Upon termination of the contractual relationship between WYZE and the User, WYZE (i) will collect any amounts due from her/him or (ii) reimburse her/him for any credit she/he may have over WYZE, within 20 (twenty) days.

WYZE may, without need of prior notice, interrupt, suspend or cancel the Service.

  1. IS IT POSSIBLE TO AMEND THESE T&CSs?

 

Yes. WYZE reserves the right to change the present T&CSs and any attachments at any time, without the need to provide justification. Nevertheless, WYZE shall give prior notice of the date of entry into force of a new version of these T&CSs, at least two (2) days in advance, except in the case of amendments resulting from any legislative changes, where such notice may be reduced.

The changes will only be considered valid (i) if they are written down, (ii) if they are communicated in accordance with the previous paragraph and (iii) if the User does not oppose them (also in writing, via e-mail) within 3 (three) days after notification of the new version. In case of opposition, WYZE will automatically cancel the User account.

  1. CAN THE PERSONAL DATA OF THE USER BE AMENDED?

 

WYZE is aware that the processing of the User´s personal data requires her/his confidence. To that extent, it has developed a Privacy Policy which constitutes Annex I to the present T&CSs, in accordance with the highest standards of security and privacy and taking into account the provisions of the General Data Protection Regulation and applicable legislation, ensuring that the personal data of the User is treated in accordance with their purposes and guaranteeing the exercise of legally established rights.

In summary, WYZE is responsible for the treatment of personal data provided by the User through the App at the time of registration and upon usage of the Service, including their identification, bank details, mobile phone number and e-mail address, the start time and duration of use, the place of departure and destination, using such information to the strictest extent necessary for the usage of the WYZE vehicle. In order to be able to use the Service, the User must give her/his consent regarding the data related to their location.

WYZE also uses User data to abide by any legal obligations and to defend its legitimate interests with respect to potential claims and legal proceedings.

To render its Service, WYZE resorts to third parties which may need to have access to partial data of the User. These include:

  • Google Maps, Apple Maps, etc: in order to geo-locate the vehicles, this functionality is paramount for the provision of the Service.
  • MillenniumBCP, Santander, Caixa Geral de Depósitos, Stripe: for processing payments which are made through payment cards.
  • CEIIA, including its affiliate mobi.me.

With regards to citizens of foreign nationality, their data may be transferred outside the European Union, legally permitted based on their consent.

The User, as holder of her/his personal data, may exercise the following rights:

  • Access Right: the right to obtain information about the personal data of the User being processed, such as, for example, the purposes of the processing of personal data, the periods of conservation, among others;
  • Rectification Right: the right to request the rectification of eventually inaccurate personal data, or request that incomplete personal data be properly completed, such as address, fiscal number, e-mail, telephone contacts, among others;
  • Right of Deletion or “Right to be Forgotten”: the right to obtain the forfeiture of personal data, provided that there are no valid grounds for its retention, such as in cases where WYZE has to keep the personal data of the User to fulfill a legal obligation, or because a judicial process is in progress;
  • Right of Portability: the right to receive the data provided to WYZE in digital format or to request the direct transmission of the User’s personal data to another entity that becomes the new responsible for their personal data, as long as it is technically possible;
  • Right of Opposition: the right to object at any time to the processing of personal data, such as in the case of data processing for marketing purposes, provided that there are no legitimate interests that prevail over their interests and rights, such as for example defending a right in the course of legal proceedings;
  • Right to Limitation: the right to request the limitation of the processing of the User’s personal data, in the form of: (i) suspension of treatment or (ii) limitation of the scope of treatment to certain categories of data or treatment purposes;
  • Right to Withdrawal of Consent: the right to withdraw, at any time, the consent previously provided, without compromising the lawfulness of the treatment made on the basis of the prior consent given. When the User’s personal data processing, including profile processing, is exclusively automatic (without human intervention) and can have legal effects for the User, she/he shall have the right not to be subject to any decision based on that automatic treatment, with the exceptions foreseen in the applicable law, and shall also have the right to have WYZE take appropriate measures to safeguard their rights, freedoms and legitimate interests, including the right to have human intervention in decision-making by WYZE, the right to express their point of view or contest the decision taken on the basis of the automatic processing of personal data;
  • Right to Complain: the right to submit a complaint to the national authorities, CNPD, besides any other that might be directly addressed to WYZE.

 HOW CAN THE USER CONTACT WYZE?

To contact WYZE, for the purpose of clarifying doubts, communications, support to the User, participations or complaints, she/he may do so through the following contacts:

Email: nocarbon@wyzemobility.com

Telephone number: +351 910 290 800

Address: Rua das Janelas Verdes, 128 C | 1200-690 Lisboa

Web site: www.wyzemobility.com

  1. WHAT TO DO IN THE EVENT OF A CLAIM?

If You are not completely satisfied with the Service provided by WYZE, You may contact our support services through the contacts identified above.

WYZE has at its disposal a complaints book under the terms of Decree Law 156/2005. If you wish to use it, please contact us.

  1. APPLICABLE LAW AND DISPUTE RESOLUTIONS

These T&CSs are governed by the Portuguese law. Any regulations, dispatches or municipal laws, in particular, regarding the circulation of vehicles and the occupation of public roads and public spaces of Lisbon, for the use of WYZE vehicles in the Municipality where it is present, are also applicable.

The parties agree that in the event of a dispute between WYZE and the User, any questions that may arise in particular arising from the interpretation, application or violation of these T&CSs shall be subject to the Lisbon Courts.

In case of a dispute, the User may also resort to an Alternative Dispute Resolution entity, such as:

Centre of Arbitration of Consumer Conflicts of Lisbon

Rua dos Douradores, no 116 – 2o 1100-207 Lisboa Telefone: 218807030
Fax: 218807038
www.centroarbitragemlisboa.pt

E-mail: juridico@centroarbitragemlisboa.pt

 

ANNEX I: PRIVACY POLICY

 

This Privacy Policy is applicable to the User of the shared and sustainable mobility platform managed by the company WYZEOPS Mobility Operations, Lda, a private limited liability company with registered offices at Rua Paulo da Gama (Casa do Farol), 4169-006 Porto, registered with the Companies Registry Office of Lisbon under the sole number of registration and taxpayer 515.031.020, and Social Security no. 25150310206 and the share capital of €50,000 (hereinafter “WYZE”).

  1. WHAT IS DATA PROTECTION FOR WYZE?

 

The User’s privacy and data protection is absolutely fundamental for WYZE and constitutes one of its nuclear concerns.

Therefore, WYZE recommends the reading of this Privacy Policy and any possible amendments for the acknowledgement of the terms and conditions of the treatment given to the User’s data.

  1. WHAT IS PERSONAL DATA?

 

The User’s personal data refer to any information, from any nature or support, regarding a natural personal identified. A natural person is considered identified if he or she could be identified through a name, tax payer number, a GPS location, an electronic identifier or any other element that could lead to the identification of the natural person.

  1. WHO IS RESPONSIBLE FOR THE DATA TREATMENT AND ITS PROTECTION?

 

The collection and treatment of the personal data of the User is of WYZE’s responsibility, as provider of a service, and therefore assumes a decision as regards the amount of data collected, any means of treatment and the reasonable purpose to be given to such data.

 

  1. WHO ARE THE OWNERS OF THE PERSONAL DATA?

The personal data is in respect of the Users of WYZE, who are the legitimate owners of such information. Pursuant to this, WYZE must inform its Users that is responsible for the protection of the personal data of each User and therefore is in compliance with Regulation EU 2016/679 of the European Parliament and Council of 27 April 2016, in relation to the protection of natural persons concerning the treatment of personal data and free movement of data, which revokes Directive 95/46/CE (hereinafter “GDPR”).

  1. WHAT IS THE PERSONAL DATA WE TREAT?

WYZE collects and receives personal data from its Users through the introduction of personal data in the App, by the Users, during each profile account filling.

There are cases in which WYZE could be provided with personal data through its social network account, through any comments exchange, opinions and share of contents (social network profile).

Personal data could also be obtained indirectly. Such information is only used with statistic purposes and it is intended to analyze the utilization of WYZE social network (Cookies Policy).

DataExamples
ID and contactName, address, email
HabilitationDriving license
Other ID dataAge, nationality
ServiceGPS location, social network
Profile and interestsUsual routes
OthersInvoices issued by WYZE regarding its Service
  1. WHAT IS THE PURPOSE BEHIND WYZE TREATING THE PERSONAL DATA OF THE USER?

Consent: when WYZE obtains the previous consent of the User – in written form or through its App – and this consent is free, informed, specific and unequivocal.

Compliance with a legal obligation: when the treatment of personal data is necessary for the compliance with a legal obligation for WYZE, for example through a communication issued by WYZE to a legal authority.

  1. FOR WHAT PURPOSE AND DURATION DOES WYZE TREAT PERSONAL DATA?

The personal data of the User is treated by WYZE during the entire duration of the relation between the User and WYZE or, as applicable, until any of the parties exercise its opposition right, the right to be forgotten or revokes its consent. Once the contractual relation between the parties is extinguished, WYZE shall delete or anonymize the personal data of the User, as such data should not be held by WYZE for any purpose.

PurposesExamples
Marketing sales

Social network

Campaigns

Consumer profile analysis

User management

Contacts, information or requests management

Complaints management

Invoicing management

Accounting, Tax and Administrative management

Accounting and collections

Tax information, including information to the tax authorities

Litigation management

Judicial and extrajudicial collections

Other conflicts management

  1. WHAT IS THE TERM FOR THE TREATMENT AND MAINTENANCE OF PERSONAL DATA?

WYZE treats and holds the User’s personal data pursuant to the purposes of each data. There are some cases under the scope of the law demanding the treatment and maintenance of personal data for a minimum period, namely data to be provided to the Tax Authorities for accounting or tax purposes, or data related to commercial registration, for 10 (ten) years, or 7 (seven), if related to anti-money laundering and terrorism financing.

If there is no specific law provision, the User’s personal data shall be duly treated only for the minimum period necessary for the compliance with the purposes under which such data was collected, pursuant to the applicable law and guidance issued by the Comissão Nacional de Protecção de Dados (“CNPD”).

Furthermore, WYZE is committed to the treatment and maintenance of the personal data of the User during the contractual relation established between the parties.

Therefore, WYZE is entitled to hold other personal data for a larger period than the one agreed between the parties, based on the consent given by the User, or to ensure any legal rights or duties in relation to the service, or even pursuant to its rightful interests, for the necessary period of the fulfillment of its purposes and guidance issued by the CNPD.

  1. WHEN AND HOW DO WE COLLECT PERSONAL DATA OF THE USER?

We collect personal data of the User under his/her consent, i.e., when the relationship between the User and WYZE is effectively established.

  • WHAT ARE THE USER’S RIGHTS?

Access Right: is the right to obtain confirmation on the data related to the User which is under treatment and information about such data, as its purposes, term of the obligation to hold that information, among others.

Correction Right: is the right to request correction of the incorrect personal data of the User or request that the incomplete information is duly completed, for example, the address, the tax payer number, email, phone contact, among others.

Right of Deletion or “Right to be Forgotten”: is the right to request deletion of the personal data of the User provided that there is no fundamental reason for its maintenance, unless WYZE is legally demanded to maintain such personal data in order to comply with a legal obligation or is under a judicial procedure.

Portability Right: is the right to be provided with personal data under a digital format of common use and automatic reading or to request the direct transfer of personal data to a different entity responsible for the treatment of the personal data, even though in this case it is only considered technically responsible.

Right of Opposition: is the right under which the User may oppose to the use of personal data, for example in a marketing campaign, unless this use is considered legitimate and not in conflict with its own rightful interests, as per the use of such information during a judicial procedure.

Right to Request Limitation: is the right to request limitation of the treatment of personal data of the User, under (i) the suspension of such treatment or (ii) the limitation of the scope of such treatment to certain categories of data or its purposes.

Right to Withdraw Consent: is the right provided to the User to withdraw its consent at any time, without prejudicing the lawfulness of the treatment of personal data pursuant to the consent previously given.

When the personal data of the User is automatically treated, including for the purposes of creation of a profile (exclusively automatic, without human intervention) and may produce effects on the judicial scope of the User, the User is deemed to oppose to any decision arising from such automatic treatment, except in the event of being against any provision of the law, WYZE shall be entitled to protect its rightful interests, and the User may request its personal data to be treated through human intervention by WYZE, to form a decision based in such human intervention or to oppose to a decision taken under the automatic treatment of the personal data.

Right to Complain is the right to complain to the national authorities, CNPD, besides WYZE.

  1. HOW CAN YOU EXERCISE YOUR RIGHTS?

The exercise of any rights arising from the relationship between the parties is free of any charge, except in the event of a request clearly unfounded or inadmissible, case in which WYZE may charge a reasonable fee given its own costs.

Such information shall be delivered in written form.

In such event, the information shall be delivered in a maximum period of 30 (thirty) days, unless in case of a particular complex request.

Any intention of the User to exercise her/his rights shall be made through a contact with WYZE, in written form, for the following address:

general@wyzemobility.com

Rua das Janelas Verdes, 128 C | 1200-690 Lisboa, Portugal

  1. IS IT POSSIBLE TO COMMUNICATE THE PERSONAL DATA OF THE USER TO OTHER ENTITY, A SUBCONTRACTOR OF ANY THIRD PARTY?

The personal data of the User may be transferred to a subcontractor for treatment on behalf of WYZE. In this event, WYZE shall be taken any contractual measures in order to guarantee that the subcontractor respects and protects the personal data of the User.

The data may also be transferred to third parties – entities other than WYZE or subcontractors – in case the User has given express consent to this or to entities to which the User’s data has to be communicated by law, such as tax authority.

  1. IN WHICH CASES DOES WYZE TRANSFER THE USER’S PERSONAL DATA TO A THIRD PARTY?

WYZE may have to transfer her/his personal data to a third country outside the European Union and not included in the list of countries that the European Union considers to meet adequate levels of protection of personal data. In such cases, WYZE will ensure that personal data transfers are carried out in strict compliance with applicable legal standards.

 

ANNEX II: PRICE LIST OF SERVICE AND PARTS, COST OF PENALTIES

 

List of applicable prices to the Service provided by WYZE

 

WYZE charges a € 1 fee before starting a trip, which enables the first 4 (four) minutes of usage without any charge.

After that, WYZE Mobility vehicles are charged to the User by the minute of usage, and the price per minute is of € 0,25 (VAT included).

Currently, the price while in pause mode is of €0,25 (VAT included). Pausing a trip allows the User to keep the scooter exclusively for her/him during the pause.

List of applicable prices to components, parts and spares in case of damage, robbery or theft during the usage:

 

DESCRIPTION                                       APPICABLE AMOUNT 

(VAT included)

 

Rearview mirror                                                         € 30

Brake handle                                                             € 30

Feet-holder                                                               € 50

Throttle                                                                    € 40

License plate holder                                                  € 50

Flashing light front                                                    € 45

Flashing light rear                                                     € 45

Tyre                                                                         € 45

Mud-protector front                                                  € 65

Mud-protector rear                                                   € 60

Central stand                                                            € 65

Axis rear wheel                                                         € 55

Seat                                                                         € 75

Rear case holder                                                       € 60

Wheel                                                                      € 60

Damage or loss of helmet                                         € 65

Rear fairing                                                              € 100

Damage or loss of button or display                          € 80

Transmission                                                           € 115

Chassis aligment                                                     € 150

Topcase                                                                  € 175

Front shield                                                             € 275

Front fairing                                                            € 225

List of applicable penalties in case of misusage of WYZE vehicles:

 

 

DESCRIPTION                                                      APPICABLE AMOUNT 

(VAT included)

Administrative costs for management of fines                         € 25

Displacement of team to vehicle                                            € 30

Administrative costs related with overdue invoices                  € 25

Costs associated to scooter without battery                           € 35

Loss of scooter documents                                                   € 50

Consecutive reservations (> 3) without trip                             € 30

Costs with removal of scooter by authorities                          € 70

Riding with other User´s account                                          € 100

Riding by third person                                                          € 100

Expenses with recovery outside circulation area                    € 125

Rider without valid documents or permit                              € 150

Abandonment of scooter without pausing or finishing           € 150

Parking in a private or restricted access area                        € 150

Parking in underground areas                                              € 150

Non-communication of accident                                         € 550

ANNEXO III: ACCIDENT REPORT FORM