ESB™ General Terms and Conditions

1. Introduction

1.1. ESB is a Sitael S.p.A. solution (here and after “ESB”). ESB is an electronic in-vehicle integrated system that operates with an interactive online platform and mobile apps aiming to connect, and create new opportunities for, people who are electric vehicle users (here and after “User” or “Users”), company manufacturer of electric vehicles (here and after “Manufacturer”), company Dealer or Retailer of electric vehicles (here and after “Dealer”).

1.2. The online platform is currently at a beta-stage, i.e., certain functions do not work properly at the current time and there exists a higher probability for errors and problems to occur. Following completion of the beta-stage or a significant enhancement of the subject of the agreement (see point 13. Miscellaneous of these General Terms and Conditions), subject to the user’s consent, amended general terms and conditions will enter into force.

1.3. In order to be able to use ESB’s products and services, a one-time registration shall be required (see point 4. Registration of these General Terms and Conditions).

1.4. Certain content (e.g., electric vehicle diagnostic data, send assistance requests to the electric vehicle manufacturer and dealer), are available only for registered users connecting an electric vehicle embedding ESB electronics on board and previously registered by the Manufacturer or Dealer. Please refer to your vehicle manufacturer documentation to discover if such vehicle is complaint with ESB technology.

1.5. ESB’s goal is to make electric vehicle usage enjoyable and to make a positive contribution to green mobility via electric vehicles.

2. Validity of the General Terms and Conditions

2.1. ESB offers the interactive online platform and mobile apps on the basis of these General Terms and Conditions. By registering, the user consents to the validity of ESB’s General Terms and Conditions.

2.2. Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these General Terms and Conditions.

2.3. These General Terms and Conditions shall apply to all points of access ([sub-]domains, mobile access) regarding ESB’s offering of products and services. In particular, the ESB online offering will be accessible via the following domain: ESB.com

2.4. These General Terms and Conditions shall be valid until cancelled in the currently valid version as of 24th March 2015. ESB reserves the right to amend these General Terms and Conditions at any time. Following such amendment, the continued use of ESB’s offering by any registered user is subject to such user’s consent to such amended terms and conditions. At any time, the then-current version of the General Terms and Conditions is available for viewing on the ESB website.

2.5. Solely the English version of the General Terms and conditions is binding. All translations of the present text shall be provided as courtesy only.

3. Subject of the Agreement

Currently, ESB offers to its users the following applications and information in several languages:

3.1. ESB diagnostic portal (here and after “ESB Service”) is accessible only to ESB Team, Manufacturers and Dealers. The information visibility is limited according to the role covered. Manufacturer and Dealer have visibility only of their own customers’ data and the related registered vehicles. ESB Team has visibility of all registered vehicles. Main data shown in ESB Service are:

a. User profile page, including personal details.

b. Vehicle profile page, including diagnostic data and notifications, warranty status and alerts, vehicle manufacturer details, vehicle dealer details.

c. Messaging and ticketing system, in order to receive, manage and respond to assistance requests coming from users.

d. Content (texts, pictures, videos) regarding electric vehicle usage, electric vehicle diagnostic data will be presented by ESB and professional third parties according to their specific roles (Manufacturer, Dealer).

e. Other content:

i. About us: Short description of ESB.

ii. Company offerings: Offers of ESB addressed to companies.

iii. Partners: Presentation of partners and supporters of ESB.

iv. Advertising by ESB and/or third parties.

v. Feedback feature for users.

vi. General Terms and Conditions.

3.2. Mobile applications (here and after “ESB App”):

a. ESB offers applications for smartphones Android 4.0.3 and Apple iPhones iOS7 or higher as well as, in the future, other smartphones on a global scale.

b. These applications can be used both isolated on the smartphone as well as in connection with the ESB Service if the electric vehicle embeds ESB electronic integrate system on board and it has been previously registered by the Manufacturer or Dealer.

c. Subject to the user’s consent, relevant data is transmitted from the smartphone to the ESB Service and shared with other social networks (e.g., Facebook), respectively.

d. The user hereby confirms its knowledge that as a result of the transmission of data from the smartphone to the ESB Service, certain costs of the mobile carrier will be incurred that have to be borne by the user.

e. E bike diary, including a clear overview of activities, Statistics, analysis and comparisons concerning the electric vehicle usage, distance covered, CO2 saved compared to different means of transportation.

f. Limitation: the service is only available to users of compliant smartphones that download the app. Certain content (e.g., electric vehicle diagnostic data, assistance requests), are available only for registered users connecting an electric vehicle embedding ESB electronics on board and previously registered by the Manufacturer or Dealer. Additional terms and conditions on the part of the mobile phone-providers apply.

g. Routes: Here, routes added by users and/or ESB will be presented and administered, respectively.

h. News: News regarding ESB will be presented on this page.

i. Shop: In this category ESB displays and links to some external shops, which provide electric vehicle and accessories. ESB acts as agent and not as vendor. Therefore special shop terms and conditions are defined, and are not part of these General Terms and Conditions.

j. Messaging system, in order to contact the Manufacturer or Dealer for assistance.

3.3. Other services of ESB:

a. Newsletter: ESB will send newsletter to registered users. The user allows ESB with admission to these terms and conditions to send newsletters. The user can opt-out of receiving a newsletter in every edition. After opting out the user won’t get newsletters from ESB anymore.

b. Software and hardware development (provided by ESB and third parties).

4. Registration

4.1. In order to be able to use the ESB applications, a one-time, free registration is required. According to the role covered in the ESB:

a. Manufacturer is registered by the ESB Team.

b. Dealer is registered by the Manufacturer or the ESB Team.

c. User can register via ESB App following the on screen instructions (see point the following 4.5 below).

4.2. Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with ESB. Minors may only register with ESB subject to the explicit consent of their parents or legal guardians. A written consent shall be sent by email to support@esb.bike.

4.3. By registering, the user confirms its knowledge and the unlimited recognition of the content of these General Terms and Conditions.

4.4. Each user shall register with ESB only once and confirms with its registration that it has not registered with ESB before and has not deleted a previously activated user account.

4.5. In principle, two ways of registration exist for Users:

a. Registration by use of the registration form.

b. Adoption of registration details from the social network Facebook via Facebook Connect

c. ad 5.1) The registration with ESB begins with a registration form. The user shall provide the details requested on such forms (e.g., first name, last name, date of birth) completely and correctly, unless such details are marked as voluntary. The registration is only possible by use of the civil name (hence no fantasy names or pseudonyms).

d. ad 5.2) Registration via Facebook Connect requires the confirmation that the selected details, which the user has already confirmed on Facebook, shall be adopted by the ESB network. The user can subsequently add to or reduce such details in its own profile.

4.6. Following successful registration, the user can log in to ESB by either (i) entering its user name or email address as well as the chosen password or (ii) causing the log-in via Facebook connect.

4.7. If the registration has not been completed (e.g., as a result of missing personal details or the lack of consent to these General Terms and Conditions), ESB will delete the (partially) activated user account within a period of seven days.

4.8. ESB reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.

4.9. ESB is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users (e.g., adding as a friend, writing messages). In this connection, the user shall observe the recommendations regarding the sharing of personal details.

5. Right of cancellation for consumers

5.1. If you as a User are registered at ESB for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer in the sense of the full set of Italian Privacy Law:

a. Right of withdrawal from contract:

You may cancel your contractual agreement with Sitael S.p.A. in writing (e.g., by letter, fax or email) within 7 (seven) working days without stating a reason. The seven working day period begins for contracts that cover the supply of goods on the date of receipt by the consumer and for contracts for the provision of services with the date of contract. The contract can be canceled by sending timely notification to:

Sitael S.p.A.

Via San Sabino, 21

70042 Mola di Bari (BA)

Italy

Fax: +39 080 5355048

E-mail: support@esb.bike

5.2. Additional information: the User’s right of cancellation lapses before the end of the right of cancellation period if the contract has been completely fulfilled to the satisfaction of both parties before the User exercises his or her right of cancellation.

6. Termination and Cancellation

6.1. Each user shall have the right to terminate the use of ESB’s online platform at any time contacting Sitael S.p.A in writing (e.g., by letter, fax or email) at contact information provided.

6.2. Additionally, ESB reserves the right to cancel a membership for important reasons (e.g., gross breaches of user obligations – see point 8. Sanctions and Consequences Upon Breach of User Obligations of these General Terms and conditions).

6.3. As a result of the termination of use or cancellation, all personal details (user account), provided by the user upon registration shall be deactivated. Any details made public by the user (e.g., routes, notes on other users’ walls) will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation.

6.4. In the event of termination of the use of the ESB platform, upon request of the user, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to support@esb.bike, which shall include the email address provided to ESB.

7. User Obligations and Conduct

7.1. The user of the ESB platform shall be required:

a. to truthfully provide, and keep current, its registration details (see. point 4. Registration of these General Terms and Conditions), and not to pass on such details to third parties.

b. to only save, publish, transmit and distribute such content (photos, pictures, text, representations, videos, …), if the user is authorized to pass on such content, i.e., if the user has the exclusive right to use such content or, if the user is not the owner of such rights with respect to content provided by it, the user guarantees to ESB that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content.

c. In particular, it shall not be permitted to save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal.

d. Not to send chain letters or messages to more than one recipient at one time (mass emails or spam).

e. Not to carry out any disrupting interferences in the ESB network by use of technical or electronic aids, in particular hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding ESB’s software or hardware.

f. Not to copy, distribute, transmit or collect by use of technical aids (e.g., crawlers or bots) accessible details without the consent of the respective owner.

7.2. The user of the ESB platform shall:

a. Provide prompt notice via email to support@esb.bike of any detected breaches of the aforementioned obligations.

b. Diligently care for the personal details and only allow such persons access to its own details that are close to the user.

c. Regularly save important personal details externally (storage medium, hard drive, clouds). ESB shall not be responsible for any lost or impaired details (see point 11. Representations and Warranties, Limitation of Liability of these General Terms and Conditions).

8. Sanctions and Consequences upon Breach of User Obligations

8.1. In order to ensure the proper and reliable provision of services, ESB shall undertake or cause the undertaking of the following sanctions and consequences upon breach obligations by a user.

8.2. The type of sanction shall depend on the purpose, impact and type of the breach in light of ESB’s and the user’s interests. The following sanctions shall be possible:

a. Warning.

b. Deletion of content.

c. Temporary deactivation of user account.

d. Cancellation (irrevocable deactivation).

8.3. In the event a user account shall be cancelled, the respective user shall not be permitted to register again with the ESB.

9. Content Created by Users and Rights to such Content

9.1. ESB permits its registered users to use the offered portfolio of products and services in accordance with statutory law and these General Terms and Conditions, in order to upload, save, publish, distribute, transmit and share content with other users.

9.2. The user consents that as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.

9.3. The user consents that marketing measures may also be taken in the proximity of created content, which are marketed by ESB.

9.4. ESB shall have the right to save content or disclose such content to third parties, to the extent this is required by law or reasonably necessary and legally permissible, in order to:

a. Comply with statutory law, or court or administrative orders.

b. Ensure compliance with these General Terms and Conditions.

c. React to claims of breaches of law raised by third parties or

d. Safeguard the rights, property or personal safety of ESB, its users and the general public.

9.5. The user grants ESB the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, ESB shall have the right to use, irrespective of the type of usage, all content both as part of the ESB platform and any other activity of ESB or any company affiliated with ESB. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that ESB uses content created by a user outside the ESB platform, ESB shall note that such content was created by the user.

9.6. ESB does not claim ownership of any content created by users and will not supervise such content.

9.7. ESB reserves the right to delete content created by users, such as routes, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these General Terms and Conditions, may be sanctioned accordingly (see point 8. Sanctions and Consequences upon Breach of User Obligations of these General Terms and Conditions).

9.8. ESB shall not be responsible for inaccurate content created by users (e.g., details regarding routes, …).

10. Privacy Policy

Please see the separate Privacy Policy available on:

ESB Terms And Conditions Of Use

11. Representations and Warranties, Limitation of Liability

11.1. Representations and Warranties:

a. ESB does not represent or warrant that the online platform will be available at all times, completely and free from errors or that the necessary hardware and software work without errors.

b. ESB does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.

c. The user uses the ESB offering exclusively at its own risk. This applies, without limitation, to:

i. The related use of any hardware, including, but not limited to, (i) the respective smartphone, (ii) embedded electronics, and (iii) display.

ii. Downloading of the user’s own and third party content.

iii. Any use by the user of data created or provided by ESB, including, but not limited to (i) Distance measured, CO2 and Trees Saved, or (ii) recommendations for electric vehicle diagnostic actions (e.g., workout plans etc.). The user explicitly acknowledges that any such data or content may contain errors, and ESB does not, to the extent permitted by law, assume any responsibility for the correctness of such data.

d. The use of any software or hardware offered by ESB is no substitute for the consultation by the user of a specialized electric vehicle service center.

e. Additionally, ESB does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be placed for the user. Any contractual arrangements entered into between the user and a third party provider (e.g., via linked websites or banners) result in a contractual relationship between such user and the third party provider only. ESB does not make any representations or warranties with respect to products or services of third party providers.

11.2. Liability:

a. ESB shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if ESB has caused a certain damage willfully or with gross negligence. In the event of slight negligence, ESB shall not be liable to other businesses and shall be liable to consumers only for personal damages ESB shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.

b. Unless required by statutory law, neither ESB nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online ESB Service or ESB apps. This also applies to damages resulting from errors, problems, viruses or loss of data.

12. Indemnification by Users

12.1. The user indemnifies ESB for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the ESB network by such user or other usage by such user of applications available via the ESB network. The user shall bear the costs of any legal proceedings in which ESB may be involved in connection with such claims, including all court costs and attorneys’ fees to the extent permitted by law, unless the user did not culpably cause such infringement.

12.2. In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to ESB all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that ESB may be entitled to bring against the user shall not be affected.

13. Miscellaneous

13.1. Changes to the General Terms and Conditions:

a. Changes to these General Terms and Conditions, other than changes to point 3. Subject of the Agreement of these General Terms and Conditions and 2. Validity of the General Terms and Conditions require the consent of the user. In the event that the user does not consent to the changed General Terms and Conditions, it shall not be permitted to any further use of the ESB platform.

b. Any changes to these General Terms and Conditions must be in writing. No ancillary oral arrangements exist.

c. In the event that individual provisions of these General Terms and Conditions shall be or become invalid, all other terms and conditions shall remain in full force and effect.

13.2. Governing Law and Jurisdiction:

a. These General Terms and Conditions and all contractual relations and litigation between the users and ESB shall be subject to Italian law only, subject only to the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.

b. Place of delivery and exclusive court of jurisdiction shall be Bari, Italy.

 

ESB™ Privacy Policy

This page will describe management of ESB web site and ESB applications as regards of processing the personal data of users that visit us. We inform you that the personal data you provide and acquired together with the registration to the services of your choice, as well as the data necessary for the provision of these services, will be processed, in compliance with the guarantees of confidentiality and security measures provided by law in force through Information Technology, telematic and manual tools, with logic strictly related to the purposes of treatment. By using ESB website and/or apps means that you agree to this new privacy statement. We handle personal data collected during your visits to our websites and/or while using our mobile applications confidentially and entirely in accordance with legal regulations. If you have any questions or comments, please contact our Support team. This information is provided – in pursuance of Section 13 of Legislative Decree no. 196/2003 – to any entity dealing with the web-based services that are made available by SITAEL S.p.A. via electronic networks as from the following address: esb.bike which corresponds to the home page of ESB official web site. The information provided only applies to ESB web site and ESB applications and does not concern any web sites that may be visited by a user via external links.

1. General Informations

The concept of ESB apps and the ESB.bike platform (hereinafter referred to as “ESB Products”) is based in part on the publication of details regarding individual users; such details are accessible to other users via the ESB Products and social networks (e.g. Facebook). The collection, administration and use of personal data through ESB by SITAEL complies with the Italian applicable data protection laws and ensures that, as a user, you can establish which of your personal details shall be made accessible to other users.

1.1 Data Controller

The “ESB application” and “ESB.bike platform” are concepts of SITAEL S.p.A., a company duly organized and existing under the laws of Italy.

1.2 Security

SITAEL takes security precautions to ensure that your data managed by us are protected against tampering, loss, destruction, access by unauthorized persons, or unauthorized disclosure. Our security measures are being continuously improved in accordance with the state of technological developments

2. Personal Data Collected

SITAEL collects and processes Personal Data within the meaning of §4.1 (B) of the PERSONAL DATA PROTECTION CODE (Legislative Decree no. 196 of 30 June 2003) and information from users upon registration on its website (hereinafter “Registration” and “Registered User”) and in connection with the use of any of the ESB Products.

When you register for our services, by logging in with your contact details, you indicate your consent to our collecting, processing and using these data and the master personal data voluntarily provided by you in the context of use of the available services, to the extent necessary for the provision of the contractually stipulated services.

You may revoke your consent hereto at any time. The revocation shall be communicated via e-mail to support@esb.bike. The revocation entails your account removal from the system.

You may also ask us to block or delete the data relating to your user account/s and your personal data, at any time. You can  delate your account on our mobile application, which will have the effect of automatically deleting your personal data from our system.  Data which is no longer required will be deleted after 30 days or, at the latest, upon the expiration of the statutory retention period/deadline. Only such personal data required by us for the completion of outstanding tasks or the enforcement of our rights and also any data which we are obligated to retain in accordance with statutory regulations will not be subject to deletion.

The insights gained enable us to further optimize our services and better tailor them to your needs

2.1 Mandatory Data

ESB Products require you to provide some Personal Data in order to register and open a user account, such as:

  • E-mail address;
  • First and last name;
  • Password (saved in an encrypted format that will not be visible in plain text, at any point);

Mandatory data are required in order to enable us to undertake the user agreement and any other agreement. Personal data entered in the contact form are collected for the purposes of enabling us to respond appropriately to any enquiries. We will retain your master personal data as long as it is necessary for our purposes. Thereafter, it will be deleted from our system.

2.2 Optional data

Other data are optional during the Registration phase and you can edit them by adding or delating information in a second moment, among them:

  • Personal Information:
    • Address (city, country);
    • Profile picture;
    • Height and weight;
  • Contact information:
    • Phone, website;

Facebook, Twitter accounts.

2.3 Additional User Data

In order to provide our services, after the Registration phase, we collect additional data (hereinafter referred to as “Additional User Data” and, together with the Registration Data, the “User Data”), such as:

  • Activities (e.g. distance, app usage time, travelling time, routes, calories, duration, training days, elevation, workouts,);
  • Location data and maps of activities;
  • Position related data (GPS Data);
  • Photos;
  • Battery data;
  • Speed;
  • Distance;
  • Calories;
  • Travelling Time;
  • Co2 saved;
  • Fuel saved;
  • Browser tracking data (cookies and User’s language);
  • Friendships (followers and people you follow).

The following Personal Data: first name, last name, profile picture, bike model, route or bike shared on ESB social network, as well as the list of followers and people you follow and your address (City, Country) may be visible to all users. ESB users can also view information shared by other users concerning their routes and their e-bikes.

3. Use and Sharing of Personal Data

3.1 Confidentiality and Security

SITAEL deems all user information confidential and does not disclose such information without your express informed consent. SITAEL has implemented reasonable security policies and procedures designed to protect users’ information.

3.2 Registration

By Registering, you explicitly agree to this privacy Policy as well as you agree that SITAEL shall have the right to use all the collected personal data for purposes concerning ESB Products.

3.3 Sharing of Data

As a general rule, the user will decide which personal data may be accessible to third parties. The disclosure of personal data which may be accessible to third parties will be on a voluntary basis. In order to provide our services, SITAEL will make the data voluntarily disclosed available to those users with access privileges in the designated parts of our website and/or App.

Anonymous position-related data (GPS data) will be transmitted in the context of the tracking function to routing and navigation service provider with a view to extending and improving the cartographical materials.

SITAEL may only transmit a user’s personal data to third parties if and to the extent that: (1) this is necessary in order to enable us to implement the contract concluded with the user; (2) SITAEL is legally obligated to do so as response to lawful requests from federal, state, local, or foreign law and civil enforcement agencies, as required by law; or (3) this is necessary for the enforcement of our rights and claims. In the event that one of your personal data is to be spread for purposes other than those specified herein, SITAEL will ask your consent thereto in each individual case. SITAEL will not disseminate any personal date to third parties without such consent.

ESB website may contain links to third-party websites operated by providers that are not associated with us. After you click the link, SITAEL has no longer influence over the collection, storage, or processing of any personal data transmitted to third parties upon your clicking on the link (such as the IP address or URL of the page that contains the link), as SITAEL naturally does not have any control over the behavior of third parties.

Therefore, SITAEL cannot assume any responsibility for the processing of such personal data by third parties. SITAEL implements all reasonable measures to prevent the unauthorized access by third parties to saved data. SITAEL transfers information of Registered Users to vendors, service providers, and other partners such as Amazon Web Services (AWS), Fabric Answers for analytics (https://fabric.io/kits/android/answers) and Fabric Crashlytics for crash reporting (https://fabric.io/kits/android/crashlytics). In this way, SITAEL can provide and improve its services, such as technical infrastructure services or analysis concerning how the services perform or how they are used.

3.4 Advertising

ESB Products use the so-called double opt-in procedure for the distribution of our newsletter (i.e. you will only receive a newsletter once you have confirmed, by clicking on a link contained in our e-mail alert, that the newsletter service can be activated). The user explicitly consents to the storage and use of non-personally identifiable information for purposes of newsletter marketing or on esb.bike by SITAEL or its partners. In case you do no longer want to receive newsletters or any other advertising materials from us, you may decline this service at any time. Written notification (e.g. via e-mail) of this revocation will be sufficient. Every newsletter will also contain a link enabling you to cancel your subscription. SITAEL uses data received to help, operate, provide, improve, understand, customize, support, and market all services.

4. Plug-Ins and Widgets for Social Media

The ESB Products include and use social media plug-ins, such as (i) Facebook.com, which is operated by Facebook Inc., 1601 South California Avenue, Palo Alto, CA 94304, USA, and (ii) Twitter, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.

The plug-ins are identified with the logo or the suffix of each social media (e.g. “Facebook social plug-in”). Such plug-ins can recognize a user’s IP address and the page visited on the ESB.bike platform and they can store cookies, so that the services offered by ESB work properly. Social media plug-ins and widgets are hosted either by third party providers or directly by us. Your interactions with these plug-ins are subject to this privacy policy or the privacy policy of any third party that offers such feature. SITAEL is not responsible for the use of -or guidelines regarding the use of -personal data by third party providers.

Users may recognize the respective plug-ins, e.g. by the respective logo or other respective characteristic typical for the respective social media-platform on our pages. You can find an overview of Facebook plug-ins here: https://developers.facebook.com/docs/plugins. You can find an overview of Twitter plug-ins here: https://dev.twitter.com/web/overview

When you visit a page on our website that contains such plug-ins, these buttons are initially disabled. The plug-ins will not be enabled until you click on the button displayed. These buttons will only be activated and establish a connection to the social network in question upon their activation by the customer, who thereby indicates their consent to the transmission of their data to the operator of that network. If you are logged in on Facebook, Facebook can link your visit to your Facebook account. If you click on the relevant button, the corresponding information will be transmitted directly to Facebook by your browser and stored there. If you interact with the plug-ins (e. g. by clicking on the Facebook “Like-Button” or entering a comment), while being logged into your Social Media account on Facebook, or on Twitter, you link the contents of the ESB pages to your respective social media profile. Thereby, Facebook/Twitter can associate a user’s visit of the ESB page or use of ESB Products with such user’s social media account. As the provider of the ESB Products, SITAEL does not have any knowledge of the content of the transmitted data or its usage by Facebook, Google+, or Twitter. Users can find more information on the issue of data transmission in the privacy policy of the respective social media-platform:

  1. Facebook: https://developers.facebook.com/policy
  2. Twitter: https://dev.twitter.com/web/overview/privacy

If you do not want to have the respective social media platform associate your visits on our website with your social media accounts, you shall log out from your social media account.

5. Cookies

5.1 General

The ESB Products use ‘cookies’ ─ small text files that are placed on the user’s computer and stored by the browser. They are used by SITAEL to provide a more user-friendly, effective and secure service. Cookies also enable SITAEL to identify a user’s browser and offer services to such user. Cookies do not contain any personally identifiable information.

The use of cookies during the registration process and in the course of the provision of our services first of all enables us to identify users who return as customers to our website after an initial visit. Furthermore, we can use cookies to optimize our range of services in line with users’ individual requirements.

We also use cookies as a means of chronicling both the statistical frequency of visits to the various parts of our website and general navigation-related aspects, and also for the creation of pseudonymous profiles, where applicable.

5.2 Installation

You can prevent the installation of cookies by entering the corresponding settings in your browser software. However, please note that in this case you may not be able to use the complete range of functions of the ESB.bike platform to its full extent. If you want it, you can delete the cookies at any time. However, this can result in some functions no longer being available. For information on deleting the cookies, please consult your browser’s help function.

6. Use of Google Analytics and App Analytics

The ESB Products use Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses ‘cookies’ (see the Section above). The information about your use of this website collected by the cookies, including your IP address, is generally transferred to a Google server in the USA where is stored. To the extent that the ESB Products have activated IP anonymization, Google first abbreviates your IP address within member states of the European Union or in other signatory states of the Agreement on the European Economic Area before this transmission occurs. Only in exceptional cases, will the full IP address be transferred to a Google server in the USA or Asia and abbreviated there. Google will use the information collected on behalf of the website operator in order to evaluate your use of the ESB Products, to compile reports about your activities within the ESB Products, and to provide further services connected with the use of the ESB Products and Internet use to the website operator. Google will under no circumstances associate the IP address transmitted by your browser within the operations of Google Analytics with other Google data.

However, we wish to point out that, if you do so, you may not be able to fully use all of the functions of this website.

You can prevent the data related to your use of the ESB platform, including your IP address, generated by the cookies from being recorded by Google and Google’s processing of this data by selecting corresponding settings of your browser’s software.

Furthermore, you can prevent the future data capture by setting an Opt Out-Cookie via the following link: Deactivate Google Analytics Further information regarding terms of use and privacy provisions may be found on the websites http://www.google.com/analytics/terms/us.html and https://www.google.de/intl/en/policies/.

The ESB Products use Google DoubleClick for Publishers (“DFP”). DFP uses Cookies to provide the user with user-relevant advertisements – further information may be found at https://support.google.com/dfp_premium/answer/2839090?hl=en. The user may disable the DFP’s cookie placement and the placement of user-relevant advertisements for use of the ESB platform via the website: http://www.google.com/ads/preferences.

7. Changes to Privacy Policy

Changes to this Privacy Policy require the consent of the respective user, to whom the changed Privacy Policy shall apply. If SITAEL intends to implement such changes, it will give the user as much prior notice of such changes as possible. Such notice shall be made on the relevant pages of the ESB.bike platform or on any other device through which the user accesses the ESB Products. Any such modifications will take effect within thirty days of publication. This policy was last modified on 10 February, 2018

8. Revocation of Consent and Deletion of User’s Data

You are entitled at any time to obtain confirmation of the existence of personal data concerning them and be informed of their contents and origin, verify their accuracy, or else request that such data be supplemented, updated or rectified (Section 7 of Legislative Decree no. 196/2003).

You can also revoke the consent to the collection, processing, and use of your personal data for the future. In case of a termination of the Registered User’s account, all personal data provided by the user upon Registration shall be deleted. Any details made public by the user (e.g. routes, notes on other Registered Users’ walls) will be (i) anonymized within thirty days (i.e. it will be made clear that such details were provided by a deleted user), and (ii) deleted irrevocably, at the end of the period;

Upon the Registered User’s request to revoke their consent to the retention of all data and Information where knowledge thereof is no longer required for ESB’s performance of contractual obligations or compliance with statutory retention obligations, they shall be irrevocably deleted. This will not affect data which are required for billing and accounting purposes or which are subject to statutory retention obligations. You shall request such deletion by sending an e-mail to support@esb.bike, which shall include the e-mail address provided to the ESB platform during your registration, or via the website. SITAEL will comply with such requests within ten days and maintain a record of the deletion for one year after the deletion.

All requests should be emailed to support@esb.bike .

9. Your Consent

By using our ESB Products as a non-registered user, you agree to our privacy policy only for those areas not subject to Registration. Please visit also our Terms and Conditions section establishing the use, disclaimers, and limitations of liability regulating the use of our website and apps. https://esb.bike/terms-and-conditions/

10. Contacts

To obtain more information or to submit suggestions or complaints regarding the processing of your personal data, please contact us at support@esb.bike. If incorrect information has been stored despite our efforts to maintain correct and up-to-date data, we will correct this upon your request.

Thank you for being part of the ESB community.