Effective Date: February 1st 2018
Upass, Inc. (“We”, “Us”, “Our”) has developed a mobile application (“URBO”, “App”) that collects data from your device in order to provide you with relevant transport information for nearby services.
This page is used to inform website visitors and mobile application (“app”) users regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.
Urbo collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. Services are provided by Upass Inc., and this Privacy Statement applies to information collected and used by Upass Inc.
SCOPE AND APPLICATION
COLLECTION OF INFORMATION
INFORMATION YOU PROVIDE TO US
We collect information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, items requested (for delivery services), delivery notes, and other information that may be requested in order to enable the use of the Services or that you choose to provide.
INFORMATION WE COLLECT THROUGH YOUR USE OF OUR SERVICES
When you use our Services, we collect information about you in the following general categories:
Location Information: Once you permit the URBO to access location services through the permission system used by your mobile operating system (“platform”), we collect the precise location of your device when the app is running in the foreground or background, including your latitude, longitude, time and speed of travel. We may also derive your approximate location from your IP address.
Contacts Information: If you permit the Urbo app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.
Transaction Information: We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, distance traveled, and other related transaction details. Additionally, if someone uses your promo code, we may associate your name with that person. We also automatically collect usage details each time you use URBO, including the country of origin, the searches you make, the routes you interact with, the type of phone or OS you are using, etc.
Device Information: We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.
Log Information: When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.
We collect your name, phone number, email address and other information you may provide when using the “Send Feedback” feature in the Settings view.
We collect contact information (email and/or push notification token) when you explicitly request to be notified when URBO supports a new market.
INFORMATION YOU PROVIDE TO THIRD PARTIES
IMPORTANT INFORMATION ABOUT PLATFORM PERMISSIONS
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. These platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the Urbo app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the Urbo app seeks before you first use the app, and your use of the app constitutes your consent. To learn about the platform-level permissions that the app seeks, please visit our new iOS Permissions page and Android Permissions page.
INFORMATION WE COLLECT FROM OTHER SOURCES
We may also receive information from other sources and combine that with information we collect through our Services. For example:
If you choose to link, create, or log in to your Urbo account with a payment provider (e.g., Google Wallet) or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app.
USE OF INFORMATION
We may use the information we collect about you to:
Provide, maintain, and improve our Services, including, but not limited to, facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Users, develop safety features, authenticate users, and send product updates and administrative messages;
Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
Send or facilitate communications between you and a contact of yours at your direction in connection with your use of certain features, such as referrals, invites, split fare requests;
Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Urbo and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards;
Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.
Any data we collect from you will be processed in accordance with the applicable EU and Bulgarian law. We will make reasonable efforts to secure any data that we collect from you, such as encryption.
We may use any data we collect from you in order to:
Provide you with pertinent transport information for nearby services;
Understand your preferences so that we can customize URBO for you, such as recommending personalized transport options;
Measure usage of URBO, including usage of specific features and views;
Develop and improve URBO based on your feedback and interactions;
Guide product development and build new features;
Conduct research on users’ habits and how they use public transportation;
Identify and correct bugs and other problems with URBO;
Respond to your emails and help with support queries;
Subject to your consent, keep you posted from time to time on latest announcements and additional information;
Comply with law and regulations and lawful requests or orders.
The following are some examples of your options with regard to collection, use and disclosure of your information:
You can stop all collection of location data easily and at any time by disabling location services in your device’s settings or by uninstalling URBO.
You are not required to indicate any preferences (including setting your home and work address) in order to use URBO, since these are optional.
You can unsubscribe at any time from mailing lists announcing newly released cities by clicking the “Unsubscribe” link in the emails you may receive.
You can request the erasure of all personal data concerning you, after deleting your user account.
SHARING OF INFORMATION
We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:
THROUGH OUR SERVICES
We may share your information:
In case you request assistance with the use of URBO, we might share such request, including your contact information, with a third party directly involved in the issue (i.e. if you inform us over email that certain transit schedules in the app are outdated, and we forward this message to the applicable transit agency);
With other riders if you use a ride-sharing service; and with other people, as directed by you, such as when you want to share your estimated time of arrival or split a fare with a friend;
With third parties to the extent that is required to provide you a service you requested through a partnership or promotional offering made by a third party or us;
With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;
With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate; and
We also disclose anonymous and aggregate information to certain third parties for research, product development or other business purposes. For instance, we may share information with transit agencies to help them analyze and improve their services. Such information will be disclosed in a way that cannot be used to identify you.
OTHER IMPORTANT SHARING
We may share your information:
With Urbo subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;
With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of Urbo or others;
If we otherwise notify you and you consent to the sharing; and
In an aggregated and/or anonymized form which cannot reasonably be used to identify you.
SOCIAL SHARING FEATURES
The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
Urbo App anonymously discloses your current location (latitude and longitude) with URBO in order to show you URBO offerings available nearby. URBO cannot access any of your personal information with this anonymous location data unless you request an URBO ride and subsequently launch the URBO app. If you wish to no longer share anonymous location data with URBO, you can disable URBO in URBO’s Settings view.
ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS
You may correct your account information at any time by logging into your online or in-app account. If you wish to cancel your account, please email us at email@example.com. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.
Urbo will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
We request permission for our app’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services. Additionally, disabling our app’s collection of precise location from your device will not limit our ability to collect your trip location information from a Driver's device nor our ability to derive approximate location from your IP address.
We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, Users can later disable it by changing the contacts settings on your mobile device. Please note that older versions of some operation systems do not provide such a setting.
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
COOKIES AND ADVERTISING
Please refer to our Cookie Statement for more information about your choices around cookies and related technologies.
We are committed to securing your information and we take reasonable physical, organizational and technical measures to protect your information against unauthorized access, use, disclosure, modification or destruction.
These safeguards include, but are not limited to:
Although we take great efforts to protect your information, no security system can prevent all potential security breaches nor be immune from any wrongdoings or malfunctions.
We strongly advice users to take reasonable measures for securing their information, including personal data. We cannot take responsibility for any security risks, created or allowed by the users themselves (i.e. using weak or repetitive passwords, sharing devices with third parties, etc.)
We will retain your information as long as you use URBO and for a reasonable time thereafter.
RIGHT TO ACCESS AND REMOVAL
We store your information on servers located in EU (Germany).
If you would like to remove or access any information that we have collected through URBO that is stored on our servers, please contact us at firstname.lastname@example.org. On receiving such a request, we will use reasonable efforts to provide you or delete such information without undue delay.
CHANGES TO THE STATEMENT
If you have any questions about this Privacy Statement, please contact us at email@example.com.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
In these Terms, the words "including" and "include" mean "including, but not limited to."
By accessing and using the Services you agree to be bound by these Terms, which establishes a contractual relationship between you and URBO. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements between you and URBO. URBO may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
URBO may amend the Terms related to the Services from time to time. Amendments will be effective upon URBO's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
You may not assign these Terms without URBO's prior written approval. URBO may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of URBO's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, URBO or any Third Party Provider as a result of your access and use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be void and the remaining provisions shall be enforced to the fullest extent under law. URBO's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by URBO in writing.
The URBO App and the Website provide means to enable you to obtain services offered by Third Party Providers (or "Service Provider"). In relation to Services, the Website and the URBO App enable you to access the Services provided by URBO described in Part 1 above.
The Services constitute a technology platform that enables users of URBO's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule transportation, parking and/or car or bike sharing services with third party providers of such services, including independent third party transportation, parking car sharing or bike sharing providers under agreement with URBO or certain of URBO's affiliates ("Third Party Providers"). Unless otherwise agreed by URBO in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT URBO DOES NOT PROVIDE TRANSPORTATION OR PARKING SERVICES OR CAR SHARING OR BIKE SHARING OR FUNCTION AS A CARRIER.
TYPES OF SERVICES
The URBO app and the Website offer the following Services to its users:
- Paid parking in the “Blue” and “Green” zones of the Sofia Municipality. “Blue” and “Green” zones are special zones designated for paid parking with the Traffic Organization Regulation and/ or Decisions of the Sofia Municipal Council. The prices and maximum duration of paid parking are determined by the Sofia Municipal Council.
“Blue” zone is a special zone, designated for paid parking with the Traffic Organization Regulation and/ or Decisions of the Sofia Municipal Council. The cost for parking inside the “blue” zone is 2 lv. per hour. The maximum duration for parking inside the “blue” zone is 2 hours. The “blue” zone for paid parking is active from 8:30 to 19:30 in working days and from 8:30 to 18:00 on Saturdays. The URBO app offers user the opportunity to pay for parking inside the “blue” zone with a short text message paid via SMS or a bank card. When the User chooses to pay via SMS, the URBO app automatically sends a text message from a phone number, registered by the User. When the User chooses to pay via a bank card, the URBO app facilitates a payment from a bank card, registered by the User. URBO uses an innovative payment method that does not require the User to confirm each separate payment.
The Service offered by URBO is activated for the period, requested by the User from the moment the User makes a payment. For that reason, each payment made by the User’s request within the active period of the “blue” zone described above is non-refundable.
In case the User sends a request for paid parking within the “blue” zone outside of its active period described above or exceeds the maximum permitted period for paid parking, the User will be notified for this by the URBO app and no payment will be made.
When sending a request for parking, the User must send the registration number of the vehicle for which he would like to make a payment, in the way that the number is written on the registration plate. The User has full responsibility for sending the correct vehicle registration number when requesting parking via the URBO app. URBO does not owe any compensation to the User for any damages that may occur as a result of errors when inputting the vehicle registration number.
“Green” zone is a special zone, designated for paid parking with the Traffic Organization Regulation and/ or Decisions of the Sofia Municipal Council. The cost for parking inside the “green” zone is 1 lv. per hour. The maximum duration for parking inside the “green” zone is 4 hours. The “green” zone for paid parking is active from 8:30 to 19:30 in working days. The URBO app offers user the opportunity to pay for parking inside the “green” zone with a short text message paid via SMS or a bank card. When the User chooses to pay via SMS, the URBO app automatically sends a text message from a phone number, registered by the User. When the User chooses to pay via a bank card, the URBO app facilitates a payment from a bank card, registered by the User. URBO uses an innovative payment method that does not require the User to confirm each separate payment.
The Service offered by URBO is activated for the period, requested by the User from the moment the User makes a payment. For that reason, each payment made by the User’s request within the active period of the “green” zone described above is non-refundable.
In case the User sends a request for paid parking within the “green” zone outside of its active period described above or exceeds the maximum permitted period for paid parking, the User will be notified for this by the URBO app and no payment will be made.
When sending a request for parking, the User must send the registration number of the vehicle for which he would like to make a payment, in the way that the number is written on the registration plate. The User has full responsibility for sending the correct vehicle registration number when requesting parking via the URBO app. URBO does not owe any compensation to the User for any damages that may occur because of errors when inputting the vehicle registration number.
Subject to your compliance with these Terms, URBO grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by URBO and URBO's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, make available or otherwise use the Services except as expressly permitted by URBO; (iii) decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
PROVISION OF THE SERVICES.
You acknowledge that portions of the Services may be made available under URBO's various brands or request options associated with transportation, parking, car or bike sharing. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of URBO's subsidiaries and affiliates; or (ii) independent Third Party Providers.
THIRD PARTY SERVICES AND CONTENT.
Using the parking services is also subject to the applicable laws and regulations of Sofia Municipality . You can find the Traffic Organisation Regulation here:
The Services and all rights therein are and shall remain URBO's property or the property of URBO's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner URBO's company names, logos, product and service names, trademarks or services marks or those of URBO's licensors.
By using the URBO App and/or the Services, you enter into a contract with URBO (the "Contract"). In order to be able to use the URBO App or the Services, you first need to set up your personal account. In order to do so, you must first provide URBO with your personal information, mobile telephone number and payment card data. Upon successful completion of your signing up with URBO, URBO will provide you with a personal account, accessible for you with a password of your choice.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18) and your ability to enter into contracts must not be legally restricted in your jurisdiction to obtain an Account. Account registration requires you to submit to URBO certain personal information, including your name, address, mobile phone number and age, as well as at least one valid payment method (either a payment card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or URBO's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by URBO in writing, you may only possess one Account.
USER REQUIREMENTS AND CONDUCT.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.
URBO may, at URBO's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that URBO establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by URBO; (iii) may be disabled by URBO at any time for any reason without liability to URBO; (iv) may only be used pursuant to the specific terms that URBO establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. URBO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that URBO determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
USER PROVIDED CONTENT.
URBO may, at URBO's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to URBO through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to URBO, you grant URBO a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, transmit, retransmit, make available and otherwise use in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and URBO's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant URBO the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor URBO's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by URBO in its sole discretion, or subject to intellectual property rights of any third person whether or not such material may be protected by law. URBO may, but shall not be obligated to, review, monitor, or remove User Content, at URBO's sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. URBO does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
The use of the URBO App and the Services is free of charge. URBO reserves the right to introduce a fee for the use of the URBO App and/or the Services. If URBO decides to introduce such a fee, URBO shall inform you accordingly and allow you either to continue or terminate the Contract, at your option.
The rates that apply for the services by the Service Provider can be found on the Website and through the URBO App. These may be modified or updated by URBO from time to time. It is your own responsibility to remain informed about the current rates for the services.
You will make payment to URBO, acting as agent for the Service Provider, in respect of the services provided to you by the Service Provider. You agree that you will pay for all services you purchase from the Service Provider, and that URBO may charge your payment card account (as provided by you when registering for the Services) for the services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing URBO with a valid payment card account for payment of all fees at all times. Any payment made is non-refundable unless explicitly stated otherwise.
URBO uses a third-party payment processor (the "Payment Processor") to link your payment card account to the URBO App and the Services. The processing of payments or credits, as applicable, in connection with your use of the URBO App and Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your payment card issuer in addition to these User Terms. URBO is not responsible for any errors by the Payment Processor. In connection with your use of the Services, URBO will obtain certain transaction details, which URBO will use solely in accordance with its Privacy and Cookie Notice.
You understand that use of the Services may result in charges applied to you for the services or goods you receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, URBO will facilitate your payment of the applicable Charges on behalf of the Third Party Provider. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by URBO.
All Charges are due immediately and payment will be facilitated by URBO using the preferred payment method designated in your Account, after which URBO will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that URBO may use a secondary payment method in your Account, if available.
As between you and URBO, URBO reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in URBO's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. URBO will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. URBO may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may select to cancel your request for services or goods from a Third Party Provider at any time prior to such request’s arrival to the Third Party Provider, in which case you may be charged a cancellation fee.
REPAIR OR CLEANING FEES.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by URBO in URBO's reasonable discretion, URBO reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by URBO to the applicable Third Party Provider and are non-refundable.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." URBO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, URBO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. URBO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
URBO will not be liable to you in respect of any acts or omissions of its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise,
URBO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF URBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. URBO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF URBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. URBO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND URBO'S REASONABLE CONTROL.
URBO'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT URBO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold URBO and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) URBO's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
URBO will not be liable to you in respect of any acts or omissions of its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise.
By accepting these User Terms and using the URBO App or the Services, you agree that you shall defend, indemnify and hold URBO, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by the Bulgarian courts, in accordance with the applicable legislation of the Republic of Bulgaria, including as regards to the specific court’s jurisdiction over a certain Dispute.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY.
For the purpose of this section, the following definitions apply:
"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the URBO App), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
"URBO Content" means Content owned or used by URBO, its affiliates or licensors and made available through the Website, the Services or the URBO App, including any Content licensed from a third party, but excluding User Content.
"User" means a person who accesses or uses the Services or the URBO App.
"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Services or the URBO App .
"Collective Content" means, collectively, URBO Content and User Content.
Subject to your compliance with these User Terms, URBO grants you a limited, non-exclusive, non-transferable license:
to view, download and print any URBO Content solely for your personal and non-commercial purposes; and
to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, retransmit, stream, broadcast, make available or otherwise use the Website, the Services, the URBO App or Collective Content, except as expressly permitted by these User Terms. You may not reuse any Collective Content without first obtaining the written consent of URBO. No licenses or rights are granted to you by implication or otherwise to use any intellectual property owned or controlled by URBO or its licensors, except for the licenses and rights expressly granted in these User Terms.
LICENSE GRANTED BY USER
URBO may, in its sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Services or the URBO App. User Content will be deemed non-confidential and non-proprietary. By providing User Content to URBO, you grant URBO a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, transmit, retransmit, make available and otherwise use in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and URBO's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You acknowledge that URBO only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. URBO shall not be continuously monitoring User Content published by you or moderating between Users, nor shall URBO be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of URBO.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements.
Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep URBO, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by URBO or its affiliated companies related to any User Content posted or transmitted by you and/or any other use by you of the Website, the Services or the URBO App.
URBO reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which URBO believes is not in accordance with these User Terms or any applicable laws (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to URBO.
You agree promptly to notify URBO in writing of any User Content which breaches these User Terms. You agree to provide to URBO sufficient information to enable URBO to investigate whether such User Content breaches these User Terms. URBO agrees to make good faith efforts to investigate and shall take such action as URBO in its sole discretion decides. However, URBO does not warrant or represent that it will block or remove (in whole or in part) such user Content.
Subject to your compliance with these User Terms, URBO grants you a limited non-exclusive, non-transferable license to download and install a copy of the URBO App on a single mobile device that you own or control and to run such copy of the URBO App solely for your own personal use.
You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the URBO App in any way;
modify or make derivative works based upon the Services or the URBO App;
create Internet "links" to the Services or "frame" or "mirror" any application on any other server or wireless or Internet-based device;
reverse engineer or access the URBO App in order to
design or build a competitive product or service,
design or build a product using similar ideas, features, functions or graphics to those of the Services and/or the URBO App, or
copy any ideas, features, functions or graphics of the Services and/or the URBO App, or
launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or the URBO App.
You shall not:
send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
interfere with or disrupt the integrity or performance of the Website, the URBO App or the Services or the data contained therein; or
attempt to gain unauthorized access to the Website, the URBO App or the Services or their related systems or networks.
URBO will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. URBO may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that URBO has no obligation to monitor your access to or use of the Website, Services, the URBO App or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the URBO App and the Services, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. URBO reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that URBO, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Services or the URBO App.
URBO respects copyright law and expects its users to do the same. It is URBO's policy to terminate in appropriate circumstances use of the URBO App and the Services by Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders. Please see URBO's Copyright Policy at www.URBO.com/legal/copyright, for further information.
INTELLECTUAL PROPERTY OWNERSHIP
URBO alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the URBO App and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, the URBO App or the Services.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the URBO App or the Services, or any intellectual property rights owned by URBO. URBO's name, logo, and the product names associated with the URBO App and the Services are trademarks of URBO, its affiliated companies or third parties, and no right or license is granted to use them.
APP STORE SOURCED APPLICATION.
With respect to an URBO App accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only:
on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and
as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. URBO reserves all rights in and to the URBO App not expressly granted to you under these User Terms.
You acknowledge and agree that
these User Terms are valid between you and URBO only, and not Apple, and
URBO, not Apple, is solely responsible for the App Store Sourced Application and content thereof.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between URBO and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of URBO.
You and URBO acknowledge that, as between URBO and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:
You and URBO acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of an App Store Sourced Application infringes that third party's intellectual property rights, as between URBO and Apple, URBO, not Apple, will be solely responsible for the investigation, defense, settlement and/or discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and URBO acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries in relation to your license of the App Store Sourced Application, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any provisions of these User Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
THIRD PARTY INTERACTIONS.
During the use of the Website, the URBO App and the Services, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods and/or services from, or participate in promotions of, third parties. These links take you off the Website, the URBO App and the Services and are beyond URBO's control.
Please note that such websites may send their own cookies to users, collect data and/or solicit personal information, and you are therefore advised to check the terms and conditions of use of such websites prior to using them.
TERM AND TERMINATION OF THE CONTRACT.
This agreement in respect of the User Terms between URBO and you shall (subject to this paragraph) subsist for an indefinite period.
You are entitled to terminate this agreement in respect of the User Terms at any time by permanent deletion of the URBO App installed on your smartphone, thus disabling the use by you of the URBO App and the Services. You can close your user account at any time by following the instructions on URBO's website.
URBO is entitled to terminate this agreement in respect of the User Terms at any time and with immediate effect (by disabling your use of the URBO App and the Services) if you:
URBO is not obliged to give you notice of such termination in advance. After termination URBO will give notice thereof in accordance with these User Terms.
INVALIDITY OF ONE OR MORE PROVISIONS.
The invalidity of any part of these User Terms shall not affect the validity of the other provisions of these User Terms.
MODIFICATION OF THE SERVICE AND USER TERMS.
URBO reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Services or the URBO App (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Services, the URBO App or via email. URBO may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
These Terms are governed by and construed in accordance with the laws of Republic of Bulgaria.
CLAIMS OF COPYRIGHT INFRINGEMENT.
Claims of copyright infringement should be sent to URBO's designated agent. Please visit URBO's web page at http://urboapp.com/legal/; for the designated address and additional information.
URBO may give notice by means of a general notice on the Services or the URBO App, or by email to an email address previously supplied by you, or by written communication sent by regular mail to an address previously supplied by you.
URBO can be reached by consumers/customers with queries, requests and feedback regarding the Service on the following contacts:
Address: Bulgaria, 1504 Sofia, 94В Vasil Levski Blvd.,
Phone number: +359895588805
Sofia Approved with Order No ………………..
2018 of the CEO of UPASS Ltd
1.1. GDPR or “The Regulation” means 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, and repealing Directive 95/46/EC (General Data Protection Regulation)
1.2. “Employee” means a person that has a labor contract with the Data Controller
1.3. “Data” or “Personal data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.4. “Recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not.
1.5. “Data subject” or “personal data subject” means any person, whose data are processed by the Controller.
1.6. “Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.7. “Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
1.8. “Controller” or “UPASS” means UPASS Ltd, registered with UIC 203501292, address: No 94 Vassil Levski blvd., ent. B, Oborishte district, 1504 Sofia, Bulgaria.
1.9. “URBO” means a technology platform, developed by UPASS to provide services to end users, accessible via internet and/or mobile applications for the iOS and Android operating systems.
1.10. “Client” means a person who uses or has used the services, provided by the Controller via the URBO platform.
1.11. “Policy” means this Data Protection Policy.
1.12. “The Services” mean services for arranging and scheduling transportation, parking and/or car or bike sharing services, provided by UPASS or third party providers via the URBO platform.
2.1. This policy regulates the processing of data by the company UPASS Ltd, registered in the Trade Register of the Registry Agency of the Republic of Bulgaria with identification number 203501292 (“UPASS”).
2.2. As a personal data controller, UPASS follows the principles described below:
2.2.1. personal data are processed only when there are legal grounds for the processing;
2.2.2. personal data are processed only for specific and clearly defined purposes;
2.2.3. only the minimum amount of data, required for the purposes, described in the previous paragraph are processed;
2.2.4. UPASS undertakes reasonable measures to keep personal data correct and current, as well as to delete Data without undue delay after the legal grounds for the processing have expired, unless UPASS is obliged to keep the data for archival purposes.
2.2.5. personal data are processed in a manner that guarantees an appropriate level of security, including protection against unauthorized and unlawful processing and against accidental loss, deletion or damaging of data, by applying appropriate technological and organizational measures.
2.3. The Controller is responsible and must be able to prove the keeping of the principles, described above.
2.4. The Controller processes personal data for the purposes of identifying and communicating with the Clients, entering into, managing and performance of contracts for the provision of the services that UPASS provides, undertaking own activities (direct marketing), performing the legal obligations of the Controller and prevention, detection, investigation or prosecution of any sort of breach or violation of applicable rules, accomplished through unlawful use of our services, that may cause harm to UPASS, its partners, clients or any other person.
2.5. This policy contains the main principles and procedures for collecting, processing and storing the personal data of the users of the URBO platform, developed, maintained and provided by the Administrator via internet or mobile applications. Before using the platform, you must carefully read this policy. When creating their user profile in the platform, data subjects be able to give consent for the processing of your personal data by the Controller. Giving this consent binds the data subject with the terms of this policy.
2.6. The data subject may not use URBO if he has not familiarized himself with the Policy and/or does not accept it. For that reason, before using the platform, the Controller requires the Clients to agree with the terms of the Policy. In case a user does not agree with the terms of the Policy or a certain part thereof, he will not have the right to use URBO and/or the services, provided via the platform.
2.7. In order to give their consent for the processing of data and to accept the terms of this Policy, the Clients must be at least 18 years old or must be considered adults according to the laws of their country. The Controller may require data for the identification of the Clients in order to ensure they are adult persons at the time of giving the consent.
2.8. The URBO platform provides services, which require the sharing of data with third parties (i.e. registration via Facebook or Google profiles). The Controller notifies the Clients in advance about the cases, when they data may be shared with third parties and points who these parties are. The Clients may check the applicable data protection terms and policies of these parties at any time.
2.9. Before requiring the consent for data processing, the Controller provides the following information to the Data subjects:
2.9.1. the identity and the contact details of the Controller and, where applicable, of the controller's representative;
2.9.2. the contact details of the data protection officer, where applicable;
2.9.3. the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
2.9.4. the types and categories of personal data, for which the consent is asked;
2.9.5. the recipients or categories of recipients of the personal data, if any;
2.9.6. where applicable, the fact that the controller intends to transfer personal data to a third country or international organization and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available.
2.10. The data are kept for periods, specified for each type of data in this Policy. The data are stored in accordance with the procedures, specified herein.
2.11. Irrespective of the terms of this Policy, the Controller has the right to transfer data to public authorities when the data are requested by such authorities when exercising their lawful rights (i.e. bodies of the Ministry of Interior Affairs, investigative authorities, prosecutors’ office or court for the purpose of civil, administrative or criminal proceedings as evidence or in any other cases, specified by law).
3.1. UPASS provides to Clients the technology platform URBO that enables users of URBO's mobile applications or websites to arrange and schedule transportation, parking and/or car or bike sharing services with third party providers of such services, including independent third party transportation, parking car sharing or bike sharing providers under agreement with URBO or URBO's affiliates ("Third Party Providers"). Unless otherwise explicitly stated in an agreement between you and UPASS, the Services are provided exclusively for personal non-commercial use.
3.2. In order to provide the services, the Controller processes or may process the following Data of Clients:
- Date of birth;
- E-mail address;
- Phone number;
- Data regarding the payment cards used;
- registration number of the Client’s vehicle;
- location of the Client or the Client’s vehicle;
- duration of the Client’s stay or the Client’s vehicle’s stay at a certain location;
- the Client’s public profiles in social networks.
3.3. For the purpose of direct marketing the Controller processes or may process the following Data of the Clients:
- E-mail address;
- Phone number;
3.4. In order to receive information about the services, offered by the Controller, the Client must give his/her consent for the processing of his/her data for the purpose of direct marketing. This consent can be given at the moment of registration or at any time after that, when the Client enters his/her user profile and chooses the function to receive a newsletter.
3.5. The Controller does not share data with third parties for the purpose of direct marketing.
3.6. The data described in Articles 3.2. and 3.3. are received directly from the Client. In the event the Client is a legal entity, they may provide the Controller with data, relating to other persons (employees of the Client). In such cases, the Client has to inform their employees for the data, provided to UPASS and provide UPASS with contact information of the physical persons – Data subjects, so that UPASS can give them the information, required under GDPR.
3.7. The legal grounds for the processing of data are:
- Article 6, paragraph 1 a) of GDPR (consent of the Client to the processing of his/her personal data for one or more specific purposes)
- Article 6, paragraph 1 b) of GDPR (processing, necessary for the performance of a contract)
- Article 6, paragraph 1 f) of GDPR (processing, necessary for the purposes of the legitimate interests pursued by the controller or by a third party)
3.8. The Controller processes the Personal data of the Clients for the following purposes:
3.8.1. identifying the Clients;
3.8.2. entering into, managing and performance of contracts for the provision of the services that UPASS provides;
3.8.3. communicating with and notifying the Clients in connection with using the services;
3.8.4. ensuring the normal functioning and use of URBO by each Client;
3.8.5. managing and supporting the Services, including detecting and solving technical or functional problems, developing and improving the Services.
3.8.6. receiving and processing signals, complaints or requests by Clients;
3.8.7. direct marketing (notifying the customers for changes in the services, new services, etc.);
3.8.8. solving disputes between Clients or between a Client and the Controller;
3.8.9. prevention, detection, investigation or prosecution of any sort of breach or violation of applicable rules, accomplished through unlawful use of our services, that may cause harm to UPASS, its partners, customers or any other person.
3.8.10. fulfilling legal obligations of the Controller.
3.9. The processing of all or some of the abovementioned Data may be necessary for the purposes, described in Article 3.8.
4.3. The Controller may share the Clients’ e-mail addresses with Facebook, Twitter, Instagram, Viber and Google for the purpose of direct marketing and organizing games and campaigns via the social networks and platforms, created and supported by these entities. These data can only be used for the purpose of campaigns, organized by UPASS and can’t not be used by any other person or for other purposes.
4.4. Data sharing is suspended at the moment of withdrawal of the Client’s consent. Within 3 days of the withdrawal, UPASS notifies the Recipients for the withdrawal and for the necessity to delete the Data shared by UPASS, unless the same Data are processed by the Recipient on other legal grounds. Sharing data with Amazon Web Services for the purpose of their storage is required for URBO’s functioning. Therefore, withdrawal of the consent for that sharing is only possible when the Client stops using the App (deletes his/her user profile).
4.5. The Controller enters into contracts with the Recipients, which guarantee providing the level of data protection required by GDPR.
4.6. A full list of the Recipients, the types of Data and the purposes, for which Data may be shared, can be found at the following address: http://urboapp.com/legal-bg/. The Collector keeps the list up to date and notifies the Clients and asks for their consent before sharing the Data with a new Recipient, which has not been in the list at the time when the initial consent for data processing was given by the Client.
5.1. The Collector keeps the Clients’ Data for as long as they have a user profile, registered in URBO’s system.
5.2. The Data are rectified or deleted in the moment the Client does the respective action within the profile settings in URBO’s app or website. Rectifying or deleting the Data and their backup copies may require technical time, in accordance with the policy of the servers’ owner, but can be no longer than 30 days from the Client’s request, made by performing the specific action within URBO’s user profile settings.
5.3. In case that at the time the Client deletes his/her profile, they have an unresolved argument with UPASS about payments or compensations for damages, the data are kept for a term of three months after resolving the matter with a written agreement or a final court judgement.
5.4. In case there is an ongoing investigation for fraud or breach of applicable laws against a Client by competent authorities and UPASS has been notified about the investigation by these authorities, UPASS keeps the Client’s data for a term of three months after the investigation is complete.
5.5. Upon the expiration of the described terms, the Personal data are deleted by the Controller in a way that doesn’t allow for them to be recovered or reproduced.
6.1. The data subject has the following rights, according to GDPR:
6.1.1. Right to be informed – to receive information as to whether or not personal data concerning him or her are being processed by the Controller, and, where that is the case, the term for keeping the data and the Recipients they are shared with;
6.1.2. Right to access – to receive a copy of the Data concerning him/her, processed by the Controller;
6.1.3. Right to erasure, when one of the requirements of Article 17, para 1 of GDPR is met;
6.1.4. Right to rectification – to request from the Controller to rectify without undue delay any data, concerning him/her;
6.1.5. Right to request the restriction of processing the Data by the Controller in any of the cases, described in Article 18, para 1 of GDPR;
6.1.6. Right to portability - to receive the personal data concerning him/her, which he/she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller;
6.1.7. Right to object to the processing of Data concerning him/her which is based on point (e) or (f) of Article 6, paragraph 1, including profiling based on those provisions;
6.1.8. The right not to be subject to a decision based solely on automated processing, including profiling.
6.2. When Clients exercise the rights, described in 6.1., the Controller fulfills his obligations according to GDPR in the following terms after receiving a request from a Data subject:
Request from the data subject
Right to information
Right to access
Right to rectification
In the user profile - immediately
On the servers, used by UPASS – the technical period, required for the rectification, but no longer than 30 days
Right to erasure
In the user profile - immediately
On the servers, used by UPASS – the technical period, required for the erasure, but no longer than 30 days
Right to restriction of processing
Right to data portability
Right to object
6.3. Exercising the rights of Data subjects, described above, is free.
6.4. When the requests from a Data subject are manifestly unfounded or excessive, in particular because of their repetitive character, the Controller has the right to refuse to act on the request of the Data subject or to charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested.
6.5. Request for exercising the rights of Data subjects under GDPR are sent to the data protection officer and where no such person is appointed – to the person mentioned in Article 10.1.
6.6. In order to be sure about the grounds of a request and to protect the data of third parties, the Controller may request the names, personal ID number and/or ID card number of the Data subject when he/she exercises one of their rights according to GDPR, for the purpose of identifying the Data subject. These data are kept by the Controller for one year after the filing of a request for exercising a right under GDPR and may be used only for the purpose of identifying the Data subject in the event of a signal for any breach or fraud, committed by him/her in connection with the request.
6.7. The Controller notifies for every rectification, erasure or restriction of processing each Recipient, with whom Data have been shared, unless this is impossible involves disproportionate effort. The controller informs the Data subject about those Recipients if the Data subject requests it.
7.1. In the event a data protection officer is appointed, the Controller notifies the Data subjects and informs them about the contact data of the data protection officer.
7.2. The data protection officer has the rights and obligations, described in GDPR and this Policy, as well as in his/her job characteristic, in case the officer is an employee of the Controller or in the service contract, in case the officer performs his/her activities under a service contract.
8.1. In case the Controller’s employees, who have access to Data, notice any security breach (action or inaction by any person that may lead to or has led to a risk for the security of Personal data), they immediately inform the Controller and the specified contact persons, as well as the data protection officer, where there is one.
8.2. The Controller makes the decisions regarding the necessary measures for coping with the data security breach and its consequences, as well as notifying the concerned subjects, where applicable, by taking into account the possible risks of data security breach, the impact of the breach and the possible implications and damages, resulting from it.
8.3. Where applicable, the Controller notifies the Commission for Personal Data Protection immediately, but no later than 72 hours from becoming aware of the breach. The notification includes:
8.3.1. a description of the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
8.3.2. contact details of the data protection officer or other contact point where more information can be obtained;
8.3.3. a description of the likely consequences of the personal data breach;
8.3.4. a description of the measures taken or proposed to be taken by the Controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
8.4. In the events described in the previous article, the Controller notifies the affected Data subjects about the breach without undue delay but no later than one week after becoming aware of the breach.
8.5. Where the affected Data subjects cannot be determined, the Controller notifies those Data subjects, which are most likely to be affected by the breach.
8.6. In the events described in Article 8.5., as well as when notifying the affected Data subjects would require disproportionate effort, the Controller makes a public announcement or undertakes another similar measure to effectively inform the Data subjects.
9.1. The technical and organizational data security measures, taken by the Controller, guarantee a level of data security, according to the nature of data, processed by the Controller and the risks of the processing and include, but are not limited, to those described in this section.
9.2. Data security measures include at least:
9.2.1. Administrative measures (establishing a procedure for the security of documents, computer data and archives, organizing the work in different areas of activity, training the employees etc.);
9.2.2. Technical and software protection (administration of servers, information systems and databases, workplace support, operating systems defense, observation (control) of user access, computer virus protection, encrypting the memory of devices that hold personal data, etc.);
9.2.3. Contractual measures (entering into contacts or agreements with all Recipients and persons, who may get access to personal data in connection with providing services to the Controller, which guarantee that these persons apply a level of data protection in accordance with GDPR).
9.3. The Controller implements a data recovery procedure in the event of incidental loss of data. The Controller creates backup copies of the data, present in his system. Data are recovered according to the internal procedure, using Amazon Web Services software from backup libraries.
9.4. The data security measures the Controller takes include:
9.4.1. Using VPN technology for remote access to the internal network of the Controller;
9.4.2. Using a digital certificate to identify the users who gain access to the Controller’s database.
9.4.3. Registering the access to the Personal data, processed by the Controller, including access identificatory, date, time, duration, result of access attempt (successful, unsuccessful). The records are kept by the Controller for at least 1 year after each access to data;
9.4.4. Restricting the access to premises where devices, used for storing and processing Data are kept, only to persons, appointed by the Controller to perform processing activities;
9.4.5. Using security protocols and/or passwords when transferring data vie external networks;
9.4.6. Controlling the security of data stored on external drives or e-mail, erasing them after processing and transferring them to the database of the Controller;
9.4.7. Recording all actions, connected with restoring Data (who, when and by what means has performed the actions).
9.5. Personal data, collected in electronic form, are not printed and stored in paper form, unless that is specifically requested by the Data subject or by a public authority within its competence or is required in order to fulfil a legal obligation of the Controller under GDPR or the national legislation.
10.1. For more information regarding personal data, processed by the Controller, regarding GDPR or this Policy, as well as for exercising the rights of Data subjects under GDPR, the Controlloer assigns the following contact point:
Andrey Rumenov Lilov
phone: +359 885 580 692
11.1. This Policy may be amended by the Controller in the event of change in the scope of Data processed, the purposes and/or means of processing, changes in applicable data protection legislation, or other reasons.
11.2. The Policy and any amendments thereof are active from the date of their approval and publication on the internet in such a way that makes them available to the users of URBO.
11.3. The Controller notifies the Data subjects about each change in the Policy. Insofar as such changes are unilateral acts of the Controller, an explicit consent with the changes may not be required. When the amendment is connected with a change in in the scope of Data processed, the purposes and/or means of processing, the Controller asks for the consent of Data subjects before applying the change. In case the processing is required in order for the Controller to offer services via the URBO platform, the consent of Data subjects may be required in order to access the Platform.
11.4. If they believe there is a breach of applicable data protection laws, Data subjects may file a complaint to the Commission for Personal Data Protection. More information can be found at https://www.cpdp.bg/
11.5. The Controller is not responsible for the accuracy of Data, submitted by the Clients, does not perform any checks in this respect and cannot guarantee the true identity of the physical persons, who have submitted Data. In case of uncertainty, suspected or revealed breach or fraud, Data subjects may inform the Controller without prejudice to their right to file a complaint or signal the competent authorities.
11.6. Clients are responsible for any violations they have committed of other persons’ rights, with respect to the protection of their data or any other right.