PRIVACY POLICY
This privacy policy is applied by Automotocar Expert SRL, a commercial company with headquarters in str. Dr. Hacman nr.22, 247700, Ramnicu Valcea, Romania, registered at the Trade Register under no. J38/237/29.04.2015, CUI RO 34434888 (hereinafter referred to as the Operator or BikersElDorado) in the European Union, to its individual customers, to users of bikerseldorado.com site, as well as users of BikersElDorado application (application used in Romania by the Operator) starting with the date of ………… .. (click here).
This privacy policy takes into account the legal provisions of EU Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (hereinafter referred to as the “GDPR Regulation”) and describes how we, Automotocar Expert SRL, collect and process the personal data you entrust us or to which we have access in executing the legal relationships.
This document applies to users of theBikersElDorado application, but also to our employees.
WHAT DATA WE COLLECT?
We need your data just for the purpose of providing moto services and we will collect only that data that is necessary and sufficient to achieve our stated purpose.
We can only do our business by collecting and processing information about you as User of the BikersEldorado application to confirm your identity, to establish communication with you, and to determine together the kind of services you need to locate you and facilitate observance of your financial obligations towards us (through our partners).
From BikersEldorado users: We collect the information you expressly provide us, when you fill up, create a user profile, information about location data, and information obtained from other sources, such as BikersEldorado and third parties parties that use the API keys. We specifically collect:
a) Information that you make available to us directly such as your name, e-mail address, telephone number, address, photo, motorcycle information, or information sent by you when you make BikersEldorado our partners (affiliates, authorized natural persons or legal entities);
b) Information you provide us directly with: your name, e-mail address, phone number, address, photo, motorcycle information or information you submit when you make assess BikersEldorado services or our partners’ services (Affiliates, licensed individuals or legal entities);
c) information about the use of the website, in which case we collect information about how you use our services – see our cookies policy.
d) device information – sometimes we collect information about the devices you use to access our services, including the IP address of your device, operating systems and versions, software, names and file versions, preferred languages, device unique identifiers, marketing strategy identifiers, serial numbers, device information, and mobile network information.
e) Satisfaction information received from the evaluations you make as user of our site.
THE PURPOSE FOR WHICH WE COLLECT DATA
We collect and process the above-mentioned information with the main purpose of offering you moto-turistic services at your direct request. We also aim to improve our products and services as a result of the evaluations you give to us and / or our partners, as well as studying your behavior through cookies.
As we conduct our business, we may use your data to respond to requests from regulatory enforcement agencies, government entities, and official investigations.
We do not sell or distribute your personal information to third parties for direct marketing of third parties.
However, we will disclose your information if we consider that this is required by applicable law, regulation, procedure or legal process, at the request of a public authority, or when the disclosure of this information is due to safety issues or similar nature. Processing your data is necessary to protect the vital interests of our users, cardholders, and other people, and we can process personal information, including disclosing information to law enforcement agencies in the event of threats to users’ safety, or of other people.
Processing is necessary for our legitimate interests. We include in this category the situations in which we collect information about affiliates (authorized individuals or legal entities) based on your evaluations submitted in the application or on the site, the situations in which we take information about the profile, the location of the user, the device of the user. These include, for example, identifying the best places for taking over / destinations, recommending (new) functions, improving navigation, and how to calculate charges.
Our aim is also research and analysis of our activity, but also the aim to establish direct marketing strategies.
We may send your information, otherwise than described in this policy, case in which we announce you and you agree.
In order to manage our relationship with customers, the legal basis for contracting and managing the relationship with individuals (who benefit from roadside assistance that are users of BikersElDorado application): the legitimate interest of the Operator to ensure the overall functionality of the site and the application, to promote moto-tourist services and itineraries, as well as the consent of the person concerned, if necessary.
For recruitment activities: we need the consent of people who want to join our team.
For business administration: cookies policy. The role of cookies is to ensure a useful and easy interaction between users and websites (click here to see our entire cookies policy).
CONSENT
You can withdraw your consent to process your data at any time. If you withdraw your consent, you will no longer be able to use the services or functions that require the collection or use of the information we have obtained or used on the basis of the consent.
Your consent is required in terms of data collection or use in order to improve the experience of the site user and / or the support card.
You may choose not to receive promotional emails (newsletter type) from your company, accessing www.bikerseldorado.com or writing to us at contact@bikerseldorado.com
Please note, however, that if you opt out of receiving promotional messages, we may still be sending you non-promotional messages.
HOW LONG WE COLLECT?
We will keep the user profile information and other information throughout the activity of BikersElDorado account for a period of 10 years or as long as the law requires us.
You always have the right to request us at any time to delete your account by accessing www.bikerseldorado.com or by sending us an email at contact@bikerseldorado.com. Following such request, we will delete the information that is no longer to be kept and we restrict access or use of any information that is still to be preserved, legally.
However, please remember that there are certain situations in which we will not respond to the request to delete your account, i.e. as a result of the services we have kept for you, divergences, litigation, etc., that have to be resolved amicably or judicially.
Starting with the date of 25th Of May 2018, the processing of personal data of users in the European Union must comply with the EU General Data Protection Regulation (“GDPR”). This section provides information on the rights of users in the European Union and the responsibilities of Uber in accordance with this regulation.
WHAT RIGHTS DO YOU HAVE?
According to the GDPR Regulation, you have new rights on the use of personal information by us.
– the right of access – that is, the right to be notified if personal data is processed and if so, you have the right to request access to them, to obtain a copy of the processed personal data. For additional copies, we will charge you a reasonable fee based on administrative costs.
– the right to be forgotten – that is, the right to ask us to delete your personal data. You can request this directly at contact@bikerseldorado.com.
– the right to restrict – that is, the right to request restriction of the processing of your personal data. In this case, the data will be marked and may be processed by us only for certain purposes.
– the right to rectification – that is, the right to obtain from us rectification of your incorrect personal data and the right to correct them, and you may fill in the incomplete data whenever you consider it necessary.
– the right to portability – that is the right to receive your personal data that you have provided us in a structured, common, machine-readable format. You also have the right to transmit this data to another entity without objections on our part.
– the right to object – that is to say, the right to submit objections regarding the reasons for your situation with regard to the processing of our personal data. If you exercise your right to object, we will no longer process your personal data for that purpose. This right may be invalidated in particular if the processing of your personal data is necessary for the formalities connected with the conclusion of a contract already concluded. Any objections you may have, you can email at contact@bikerseldorado.com or in writing at our company’s headquarters in str. Dr. Hacman nr.22, 247700, Ramnicu Valcea, Romania.
– the right to notify ANSPDCP – that is the right to address a complaint to the National Authority for Personal Data Processing (ANSPDCP) if you believe that your data has not been processed in accordance with the law.
HOW CAN YOU EXERCISE GDPR RIGHTS?
In order to exercise the rights mentioned above, please send us a letter, dated and signed at the email address: contact@bikerseldorado.com, or to the postal address of our company.
We strive to respond within one month of receipt of your requests and we will respond to your requests. This response time can be extended (according to the Regulation) by a maximum of 2 months, if necessary, taking into account the number of applications and the complexity of the requests.
In this context, consider that in order to meet any personal data request, we will take all necessary steps to verify your identity, so that we are not victims of abusive requests.
MODIFICATIONS OF THE PRIVACY POLICY
We may occasionally update this policy. If you use our services after an update, you agree with the updated policy.
TERMS AND CONDITIONS – AFFILIATED USER (PARTNER) OF BIKERS ELDORADO APPLICATION
By registering with the BikersElDorado application you agree the terms and conditions below and you agree that it has the value of a contract, expressly concluded and accepted by you as a beneficiary of moto-tourist services and BIKERS ELDORADO Application Owner, Automotocar Expert S.R.L.
If you do not want to observe the rules described in the present Regulation, please do not use the services provided by the Bikerseldorado Application.
1. Definitions
BikersElDorado mobile application (hereafter referred to as the “Application”) belongs to Automotocar Expert S.R.L., with headquarters in str. Dr. Hacman nr.22, 247700, Ramnicu Valcea, Romania, registered at the Trade Register under no. J38 /237/29.04.2015, Unique Registration Code RO 34434888, represented by Alin Botea, hereinafter referred to as the Application Owner.
The application is a technology platform by means of which users may identify and establish routes, may plan and benefit of services dedicated to enthusiasts of motorcycle, but also tourism, directly from service providers registered in the Application.
All services provided by the Application are subject to the following Terms and Conditions:
1.2. The following terms shall be defined as follows:
User – Any natural person over 18 years old who is registered with BikersElDorado application.
Itineraries – routes, roads and trails on which a motorcycle trip may be conducted, indicating the localities and agreed service providers (hereinafter referred to as Affiliates). These routes, roads and trails are highlighted in the application based on recommendations made by the Application Owner’s experts or directly by members of the BikersElDorado Club.
Affiliates (Partners) – hotel, bar and restaurant service providers and / or other services providers in the hospitality industry, motorcycle rental services, sports equipment, motorcycle service, related services which are registered with BikersElDorado Application in quality of Providers of dedicated motorcycle services.
By accessing the application, the user understands that the Application Owner does not provide the services directly, but only makes certain itineraries and affiliates registered in the application known to the users.
BikersElDorado Services – intermediation of dedicated motorcycle services by BikersElDorado application, a platform for connecting suppliers / providers of moto-tourist services and potential customers, users of BikersElDorado application.
Feedback – field of application in which users can post comments related to BikersElDorado services and / or services provided by Affiliates.
Liability of BikersElDorado – Bibikers Eldorado assume no responsibility for the quality of roads and services of motor-tourist, traffic, hotel, hospitality industry assistance etc.
BikerElDorado Club Member– user of the https://bikerseldorado.com site that accepts to sign in the site by completing and submitting a registration form and who, by using BikesElDorado application, may make itinerary suggestions, may contribute with feedback to Affiliates’ itineraries and services, may improve through their activity the moto-tourist experience of other users.
Territorial Coverage – by Bikers Eldorado application, users may request / provide road assistance services generally in areas where BikersEldorado has drawn and shall draw itineraries.
By BikersElDorado mobile application, users can request and benefit from “moto-tourist” services, their relationship being facilitated with suppliers (independent third parties) registered in the Application as providers of these services.
2. General Terms of Use of the BikersElDorado Application
2.1 The Application Owner, through its moto-tourist promotion called ” BikersEldorado Club “, shall enroll the Affiliate coordinates in the proposed routes for Motor tourists who shall use the APP “BikersEldorado” application indicating the address, rates and discounts applied by the Affiliate. The Affiliate shall also be included in the APP’s “Road Books”, Promoter BikersEldorado Website, “BikersEldorado” Facebook and Instagram pages, favoring thus Motor tourists’ passing. AFFILIATION IS COMPLETE FREE.
2.2. By registering with the BikersElDorado application, each Affiliate declares that it wishes to adhere to BikersEldorado promotional circuit administered by the Application Owner and undertakes to provide the Motor tourists, associates of Application Owner, the services and / or the sale of products by applying a price discount, defined by the Affiliate in the Enrollment Form.
2.3. If the Affiliate is a BikersEldorado selected Hotel / Pension / B & B, the Affiliate shall provide the best fare at the time of the request , at the rates offered in Affiliate’s online booking sites.
2.4. If the Affiliate is a Hotel / Pension / B & B selected by the Affiliated criteria, the parties agree the following additional conditions for the provision of the services:
2.4.1. The application for BIKERSELDORADO® associate shall be made at the Affiliate by APP system (by e-mail) or by telephone, before leaving for travel or even in the last minute (Last Minute), the Affiliate is required to respond within one hour from the request with a confirmation or less, by e-mail / APP, based on its current availability. Finally, again, by phone or APP, the member shall give the final confirmation of the reservation by communicating, if requested by Affiliate, the no. of credit or debit card.
2.4.2. At the reception, the Affiliate undertakes to register in “BIKERSELDORADO” system upon arrival of the Associate / Associates using the APP QR code reader. By reading, the Affiliate can identify the Associate and at the same time shall open its own Affiliate File if able to read what benefits are agreed for associated members of the Affiliated (as a reminder).
2.4.3 The Affiliated undertakes to download the application of the phone / smartphone such that to have access to member administration and use freely the APP.
2.5. If the Affiliated has another typology (Pravalia, Bar, Restaurant, etc.) selected with the Application Owner’s criteria, the parties agree the following additional terms for the provision of services.
2.5.1. The affiliated is required to register the associated member (members) in the “BIKERSELDORADO” system through the APP QR code reader. By reading, the Affiliate shall be able to identify Affiliated’s Associate and at the same time shall open its own Affiliate File if able to read what benefits are agreed for associated members of the Affiliated (as a reminder).
2.5.2. The Affiliated undertakes to download the application of the phone / smartphone such that to have access to member administration and use freely the APP.
3. The Application Owner shall hand over to the Affiliated:
– Flyer with a description of the promotion
– Adhesive note for the entrance door
4. The affiliate undertakes to behave in a manner based on loyalty, fairness and good faith, undertaking also to:
4.1. Apply the “BikersEldorado” adhesive note on the entrance door, in a visible place, and to apply the posters made available by the Application Owner inside the space
4.2. Recognize and offer BikersEldorado motor tourist the discounts and reductions agreed upon by signing up.
4.3. Record the “BIKERSELDORADO®” member through the APP QR code reader
4.4. Provide the Application Owner, upon request, promptly and in an accurate and complete manner, any information and data required by the Supplier for the services provided to BikersEldorado Motor tourists.
5. The Application Owner, either directly or through its representatives or agents, may at any time have access to the Affiliate’s premises and perform controls to ascertain the invoicing of services offered to Motor tourists, compliance with the terms of this Agreement, commercial policy and Affiliated image.
6. Breach of agreements made by signing the present letter is a cause for the contract termination.
7. Last degree commissary pact:
Failure by either party to comply with any of the clauses, gives the non-defaulting party the right to terminate the contract without any further formality, without any time limit, without notice and without court intervention.
Force majeure exonerates the party invoking it, but only provided that party notifies the other party of the force majeure within 3 days of occurrence and that it takes all possible measures to limit its consequences.
8. The Affiliate states and warrants that is the sole owner or subject authorized to use the entire material provided to the Application Owner (data, graphics, photographs, trademarks, trade names, property names and any other information relating to the lawful operation of the Affiliate’s activity) and authorizes the Application Owner to use this information on the website in the system managed by the Application Owner.
The Affiliate also warrants that this information does not violate the intellectual property or third party ownership rights.
9. The Affiliate states and guarantees that holds all necessary licenses and permits, as provided by applicable laws, for the exercise of its own commercial activity and / or for the services offered to Motor tourists.
10. The Affiliate is responsible for the information provided to the Application Owner. If the Affiliate provided false information, the latter may, without any formality, block and delete it from the affiliate system, and may request compensation for any damage suffered.
11. In case of blocking or deletion described in art. 10, the Affiliate shall immediately cease to use all material received from the Affiliated, which shall be promptly returned to the Affiliated, and the Affiliate shall also ensure the removal of any reference to qualifications from any electronic and / or advertising system as soon as possible, regarding the affiliation to “BikersEldorado” circuit.
The affiliate shall be immediately erased from the electronic circuits in which it was introduced by the Application Owner.
12. The Affiliate may, at any time request, and without motivation, removal from the system. The Application Owner may delete the Affiliate from the system at any time and without motivation.
If the Affiliate ceases or terminates its activity, it undertakes to communicate this in writing to the Application Owner.
13. These conditions are subject to the legal provisions in force and, in case of their modification, conditions shall be modified accordingly.
14. The Parties have agreed that any misunderstanding as to the validity of these terms or resulting from its interpretation, execution or termination shall be settled amiably by their representatives.
If the dispute can not be resolved amicably, the litigation will be settled in all cases and regardless of the party submitting the action, by the court that is materially competent considering the Affiliated headquarters.
15. Any communication / correspondence shall be made to the premises referred to in this contract, in writing and under acknowledgment of receipt.
16. The parties guarantee the protection of personal data obtained in performance of the contract, in accordance with Law 667/2001.