Legal Note

Legal Note. General conditions of use of the website and Privacy Policy

www.moxiemicromobility.com

I. GENERAL INFORMATION

In compliance with the duty of information provided in Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information of this website is provided below:

The ownership of this website, www.moxiemicromobility.com, (hereinafter website) is held by:

  • Company: Moxie Micromobility LLC
  • Address: 2299 NE 164 St. North Miami Beach, FL 33160
  • EIN: 87-0938957
  • Contact email: [email protected]

II. GENERAL TERMS AND CONDITIONS OF USE

The object of the conditions: The Website

The purpose of these General Terms and Conditions of Use (hereinafter, Terms) is to regulate access to and use of the Website. For the purposes of these Conditions, the Website shall be understood as: the external appearance of the screen interfaces, both statically and dynamically, i.e. the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those online services or resources offered to the Users (hereinafter, Services).

Moxie Micromobility reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time Moxie Micromobility may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or the access to them.

The access to the Website by the User is free and, as a general rule, is free of charge without the User having to provide consideration in order to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

The use of any of the Contents or Services of the Website may be made by prior subscription or registration of the User.

The User

The access, navigation and use of the Website, as well as the spaces enabled to interact between the Users, and the User and Moxie Micromobility, such as the comments and/or blogging spaces, confers the condition of User, so the User accepts, since the beginning of the navigation through the Website, all the Conditions established herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance according to the case. Given the relevance of the above, the User is recommended to read them every time he/she visits the Website.

The Moxie Micromobility Website provides a great diversity of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

  • A use of the information, Contents and/or Services and data offered by Moxie Micromobility without being contrary to the provisions of these conditions, the law, morality or public order, or that in any other way may involve injury to the rights of third parties or the same operation of the Website.
  • The truthfulness and legality of the information provided by the User in the forms extended by Moxie Micromobility for the access to certain Contents or Services offered by the Website. In any case, the User shall immediately notify Moxie Micromobility about any fact that allows the improper use of the information registered in such forms, such as, but not only, the theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.

Moxie Micromobility reserves the right to remove any comments and contributions that violate the law, respect for the dignity of the person, which are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or childhood, order or public safety or, in his opinion, are not suitable for publication.

In any case, Moxie Micromobility will not be responsible for the opinions expressed by the Users through comments or other blogging or participation tools that may exist.

The mere access to this Website does not imply any type of commercial relationship between Moxie Micromobility and the User.

In compliance with the legislation in force, this Moxie Micromobility Website is intended for all persons, regardless of their age, who may access and/or browse the pages of the Website.


III. ACCESS AND NAVIGATION ON THE WEBSITE: DISCLAIMER OF WARRANTIES AND LIABILITY

Moxie Micromobility does not guarantee the continuity, availability and usefulness of the Website, or the Content or Services. Moxie Micromobility will use its best efforts to ensure the proper functioning of the Website, however, it makes no representation or warranty that access to this Website will be uninterrupted or error-free.

Neither is responsible or guarantee that the content or software that can be accessed through this Website, is free of error or cause damage to the computer system (software and hardware) of the User. In no event shall Moxie Micromobility be liable for any loss, damage or harm of any kind arising from accessing, browsing and using the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Moxie Micromobility is also not responsible for any damages that may be caused to users by improper use of this Website. In particular, Moxie Micromobility is not responsible in any way for any telecommunications failures, interruptions, faults or defects that may occur.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.


IV. PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of current legislation, Moxie Micromobility undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

This website is operated by Moxie Micromobility. Throughout the site, the terms “we”, “us” and “our” refer to Moxie Micromobility.

Identity of the person responsible for the processing of the personal data.

Those responsible for the processing of personal data collected in Moxie Micromobility is:

  • Company name: Moxie Micromobility LLC
  • Address: 299 NE 164 St. North Miami Beach, FL 33160
  • EIN: 87-0938957
  • Contact email: [email protected]

The above (hereinafter also Controller) jointly determine the purposes and means of the processing, being considered co-responsible for the processing. Thus, they determine in a transparent manner and by mutual agreement their respective responsibilities in fulfilling the obligations imposed by the GDPR. In compliance with the provisions of Article 26 of the GDPR, the essential aspects of this agreement are as follows:

  • Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers. They shall in a transparent manner determine their respective responsibilities for compliance with the obligations under this regulation, in particular as regards the exercising of the rights of the data subject and their respective duties to provide the information referred to in Articles 13 and 14, by means of an arrangement between them unless, and in so far as, the respective responsibilities of the controllers are determined by Union or Member State law to which the controllers are subject. The arrangement may designate a contact point for data subjects.
  • The arrangement referred to in paragraph 1 shall duly reflect the respective roles and relationships of the joint controllers vis-à-vis the data subjects. The essence of the arrangement shall be made available to the data subject.
  • Irrespective of the terms of the arrangement referred to in paragraph 1, the data subject may exercise his or her rights under this Regulation in respect of and against each of the controllers.

Data Protection Officer (DPO)

The Data Protection Officer (DPO) is responsible for ensuring compliance with the data protection regulations to which Moxie Micromobility is subject. The User may contact the DPD designated by the Data Controller using the following contact details: [email protected]

Registration of Personal Data

In compliance with the provisions of the RGPD and the LOPD-GDD, Moxie Micromobility informs you that the personal data collected by Moxie Micromobility through the forms provided on its pages will be incorporated and processed in our files in order to facilitate, expedite and fulfill the commitments established between Moxie Micromobility and the User or the maintenance of the relationship established in the forms filled out by the User, or to respond to a request or query from the User. Also, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in Article 30.5 of the RGPD applies, a record of processing activities is kept which specifies, according to its purposes, the processing activities carried out and the other circumstances established in the RGPD.

Principles applicable to the processing of personal data

The processing of the User’s personal data shall be subject to the following principles set out in Article 5 of the GDPR:

  • Principle of lawfulness, fairess and transparency: the consent of the User will be required at all times after fully transparent information of the purposes for which the personal data are collected.
  • Purpose limitation principle: personal data will be collected for specified, explicit and legitimate purposes.
  • Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
  • Accuracy principle: personal data must be accurate and always up to date.
  • Principle of limitation of the storage period: personal data shall only be kept in such a way as to allow the identification of the User for the time necessary for the purposes of their processing.
  • Principle of integrity and confidentiality: personal data will be processed in such a way as to ensure their security and confidentiality.
  • Principle of proactive responsibility: the Controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed by Moxie Micromobility are only identification data. In no case, special categories of personal data within the meaning of Article 9 of the GDPR are processed.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Moxie Micromobility undertakes to obtain the express and verifiable consent of the User to the processing of his personal data for one or more specific purposes.

The User shall have the right to withdraw his/her consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent shall not condition the use of the Website.

On the occasions when the User must or may provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, they will be informed if the completion of any of them is mandatory because they are essential for the proper conduct of the operation performed.

Purposes of the processing for which the personal data is used

The personal data are collected and managed by Moxie Micromobility in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills out or to respond to a request or inquiry.

Likewise, the data may be used for commercial purposes of personalization, operational and statistical purposes, and activities related to the corporate purpose of Moxie Micromobility, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.

At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be used; that is, the use or uses that will be given to the information collected.

Retention periods of personal data

Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 10 years, or until the User requests its deletion. At the time the personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine this period.

Recipients of personal data

The User’s personal data will be shared with the following recipients or categories of recipients: Zoho CRM.

In the event that the Controller intends to transfer personal data to a third country or international organization, at the time the personal data is obtained, the User will be informed about the third country or international organization to which the data is intended to be transferred, as well as the existence or absence of an adequacy decision of the Commission.

Personal data of minors

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. In the case of a minor under the age of majority in your state or province of residence, the consent of the parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Moxie Micromobility undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized communication of or access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in feedback, is fully encrypted or encrypted.

However, because Moxie Micromobility cannot guarantee the impregnability of the internet or the total absence of hackers or others fraudulently accessing personal data, the Data Controller undertakes to notify the User without undue delay when a breach of security of personal data occurs that is likely to involve a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and to ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.

Rights deriving from the processing of personal data

The User has over Moxie Micromobility and may, therefore, exercise against the Data Controller the following rights recognized in the RGPD:

  • Right of access: this is the User’s right to obtain confirmation of whether or not Moxie Micromobility is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Moxie Micromobility has carried out or will carry out, as well as, among others, the information available on the origin of such data and the recipients of the communications made or planned for such data.
  • Right of rectification: This is the User’s right to have his or her personal data that proves to be inaccurate or, taking into account the purposes of the processing, incomplete, modified.
  • Right of deletion (“the right to be forgotten”): This is the User’s right, provided that the legislation in force does not provide otherwise, to obtain the erasure of his or her personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn consent to the processing and the processing has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue with the processing; the personal data have been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to deleting the data, the Controller, taking into account the technology available and the cost of its implementation, must take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for the deletion of any link to such personal data.
  • Right to limitation of processing: This is the User’s right to limit the processing of his or her personal data. The User has the right to obtain the limitation of processing when he/she contests the accuracy of his/her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
  • Right to data portability: Where the processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format, and to transmit it to another Controller. Whenever technically possible, the Data Controller shall transmit the data directly to such other controller.
  • Right to object: This is the User’s right not to have his or her personal data processed or to cease the processing of such data by Moxie Micromobility.
  • Right not to be subject to a decision based solely on automated processing, including profiling: It is the right of the User not to be subject to an individualized decision based solely on automated processing of their personal data, including profiling, existing unless otherwise provided by law.

Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference “RGPD-moxiemicromobility”, specifying:

  • Name, surname of the User and copy of national identity card. In cases where representation is admitted, it will also be necessary the identification by the same means of the person representing the User, as well as the document proving the representation. The photocopy of the national identity card may be replaced by any other means valid in law that proves the identity.
  • Request with the specific reasons for the request or information to be accessed.
  • Address for notification purposes.
  • Date and signature of the applicant.
  • Any document that accredits the request being made.

This request and any other attached documents may be sent to the following address and/or e-mail address:

  • Moxie Micromobility LLC
  • Postal address: 2299 NE 164 St. North Miami Beach, FL 33160
  • E-mail: [email protected]

Links to Third Party Websites

The Website may include hyperlinks or links that allow access to third party websites other than Moxie Micromobility, and which are therefore not operated by Moxie Micromobility. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Complaints to the supervisory authority

In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which his/her personal data is being processed, he/she shall have the right to effective judicial protection and to file a complaint before a supervisory authority, in particular, in the State in which he/she has his/her habitual residence, place of work or place of the alleged infringement.

Accuracy, completeness and timeliness of information

Moxie Micromobility is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

V. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy and Cookies Policy, as well as to accept the processing of their personal data so that the Data Controller can proceed in the manner, during the periods and for the purposes indicated. The use of the Website will imply the acceptance of the Privacy and Cookies Policy of the same.

Moxie Micromobility reserves the right to modify its Privacy and Cookies Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change. Changes or updates to this Privacy and Cookie Policy will not be explicitly notified to the User. The User is recommended to consult this page periodically to be aware of the latest changes or updates. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes.

This Privacy and Cookies Policy was updated on July 05, 2021 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and to Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.


VI. COOKIE POLICY

Access to this Website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User -in the different devices that can be used to navigate- so that the server remembers certain information that later and only the server that implemented it will read. Cookies make browsing easier, more user-friendly, and do not damage the browsing device.

Cookies are automatic procedures for collecting information related to the preferences determined by the User during his visit to the Website in order to recognize him as a User, and personalize his experience and use of the Website, and can also, for example, help identify and resolve errors.

Information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website, and the sites visited just before and just after the Website. However, no cookie allows this cookie to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to be part of the Cookie file is for the User to personally give that information to the server.

Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above shall apply to them. In this sense, for the use of these cookies, the consent of the User will be necessary. This consent will be communicated, on the basis of a genuine choice, offered by an affirmative and positive decision, before the initial processing, removable and documented.

Own Cookies

These are cookies that are sent to the User’s computer or device and managed exclusively by Moxie Micromobility for the better functioning of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies make it possible to recognize the User as a recurring visitor to the Website and to adapt the content to offer him/her content that suits his/her preferences.

Third Party Cookies

These cookies are used and managed by external entities that provide Moxie Micromobility with services requested by Moxie Micromobility to improve the Website and the user’s experience when browsing the Website. The main purposes for which third-party cookies are used are to obtain access statistics and to analyze browsing information, i.e. how the User interacts with the Website.

The information obtained refers, for example, to the number of pages visited, the language, the place where the IP address from which the User accesses, the number of Users accessing, the frequency and recurrence of visits, the time of visit, the browser used, the operator or type of device from which the visit is made. This information is used to improve the Website, and to detect new needs in order to offer the Users content and/or service of optimum quality. In any case, the information is collected anonymously and Website trend reports are prepared without identifying individual users.

You can obtain more information about cookies, information on privacy, or consult the description of the type of cookies used, their main characteristics, expiration period, etc. in the following link(s): https///:www.moxiemicromobility.com/cookie-policy

The entity(ies) in charge of the provision of cookies may transfer this information to third parties, provided that it is required by law or it is a third party that processes this information for such entities.

Social Media Cookies

Moxie Micromobility incorporates social network plugins, which allow access to social networks from the Website. For this reason, social network cookies may be stored in the User’s browser. The owners of these social networks have their own data protection and cookie policies, being themselves, in each case, responsible for their own files and their own privacy practices. The User must refer to them for information about these cookies and, where appropriate, the processing of personal data.

Disabling, rejecting and deleting cookies

The User can disable, reject and delete cookies – in whole or in part – installed on their device by configuring their browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one internet browser to another. Consequently, the User must follow the instructions provided by the internet browser that he/she is using. In the event that you reject the use of cookies – in whole or in part – you may continue to use the Website, although the use of some of its features may be limited.

Changes to the Cookie Policy

It is possible that the Cookies Policy of the Website may change or be updated, so it is advisable that the User reviews this policy each time you access the Website in order to be properly informed about how and why Moxie Micromobility uses cookies.

 

VII. LINKS POLICY

It is informed that the Moxie Micromobility Website makes or may make available to the Users means of links (such as, among others, links, banners, buttons), directories and search engines that allow the Users to access Websites belonging to and/or managed by third parties.

The installation of these links, directories and search engines on the Website is intended to facilitate the Users’ search for and access to information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.

Moxie Micromobility does not offer or market by itself or through third parties the products and/or services available on such linked sites.

Likewise, it does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.

Moxie Micromobility will in no way review or control the content of other websites, nor does it approve, examine or endorse the products and services, content, files and any other material on such linked sites.

Moxie Micromobility assumes no responsibility for any damages that may arise from the access, use, quality or legality of the contents, communications, opinions, products and services of websites not managed by Moxie Micromobility and which are linked to this Website.

The User or third party who makes a hyperlink from a web page of another, different, Website to the Moxie Micromobility Website should be aware that:

No reproduction – in whole or in part – of any of the Contents and/or Services of the Website is permitted without express authorization from Moxie Micromobility.

No false, inaccurate or incorrect statement about the Moxie Micromobility Website, or the Contents and/or Services of the Website is permitted.

With the exception of the hyperlink, the website in which such hyperlink is established shall not contain any element of this Website, protected as intellectual property by the corresponding legal system, unless expressly authorized by Moxie Micromobility.

The establishment of the hyperlink shall not imply the existence of a relationship between Moxie Micromobility and the owner of the website from which it is made, nor the knowledge and acceptance of Moxie Micromobility of the contents, services and/or activities offered in such website, and vice versa.


VIII. INTELLECTUAL AND INDUSTRIAL PROPERTY

Moxie Micromobility by itself or as an assignee, owns all intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They are, therefore, works protected as intellectual property by the legal system of the country or community concerned.

All rights reserved. Under the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including its mode of making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of Moxie Micromobility, are expressly prohibited.

The User agrees to respect the intellectual and industrial property rights of Moxie Micromobility. You may view the elements of the Website or even print, copy and store them on the hard drive of your computer or any other physical medium provided it is solely for your personal use. The User, however, may not remove, alter or manipulate any protection device or security system installed on the Website.

In case the User or third party considers that any of the Contents of the Website implies a violation of the rights of protection of the intellectual property, he/she must communicate it immediately to Moxie Micromobility through the contact information of the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


IX. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Moxie Micromobility reserves the right to file the civil or criminal actions it deems necessary for the improper use of the Website and Contents, or for the breach of these Conditions.

The relationship between the User and Moxie Micromobility shall be governed by the current and applicable regulations. If any controversy arises in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction submitting to the judges and courts that correspond according to law.

Last modification: Jul 05, 2021