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Privacy Policy

Privacy Policy

Privacy information for passengers



Privacy information for passengers, referring to the EU General Data Protection Regulation ("GDPR") for users of the Ncc.it app for passengers.

October 2020

This information provides an overview of the processing of your personal data and your rights under the provisions on data protection regarding the use of our app for the booking service for rental cars with driver ("Ncc .it App Passengers ").

The type of personal data processed basically depends on the services or products used.

Sections

  1. Data controller information
  2. Definitions
  3. Activities and purposes of data processing
  4. Rights
  5. Data security
  6. Retention period
  7. Updates and changes

1. Data Controller Information



Referring to the Article 4 paragraph 7 of the GDPR, for passengers on Italian territory the data controller is:

Ncc.it società Cooperativa

Via Maretto,24/26 Rome 00166 (Italy)

VAT number 14915191002

Email: supporto@ncc.it

For any need regarding personal data, write to the address indicated

2. Definitions

"Personal data": any information relating to a natural person ("data subject"); the natural person who can be identified with particular reference as name, identification number, location data, online identifier or one or more characteristic elements of his physical identity is considered identifiable, physiological, genetic, psychic, economic, cultural or social;

"Processing": any operation or set of operations, carried out with or without the aid of automated processes and applied to personal data or sets of personal data, such as the collection, registration, organization, structuring, storage, '' adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of making available, comparison or interconnection, limitation, cancellation or destruction;

3. Activities and purposes of data processing



Thanks to Ncc.it App you will be able to make your trips with rental cars with driver. In order to use our Ncc.it app, it is necessary that you provide your personal data which we will process to guarantee you the service. Other information may be shared voluntarily and will be indicated as "optional".

3.1 Awarding of races

Referring to services for the award of races, pursuant to Art. 6 (1) b) GDPR and to Art. 6 (1) a) of the GDPR relating to optional information, the following personal data are processed in order to continue with the contract:

3.1.1 General

You must provide the following information to register in order to use the Ncc.it app:

Name and surname, e-mail address and mobile number (personal data). We will use your mobile number to verify your customer account by sending you a code via SMS. This process is to avoid that registration is done without specifying a valid mobile number. Registration will be completed only after entering the code on Ncc.it app..

In relation to travel management, we will also process the following data: time of call, departure and destination coordinates and information about user's device (device ID). The user can provide the departure coordinates (i) by placing a pin on the map, or by entering an address, or (ii) by transmitting the GPS coordinates. The legal basis for the processing of GPS position data lies in Art. 6 (1) (a) GDPR. The use of GPS location data by Ncc.it may be allowed at the time of installation of the Ncc.it app. Through the operating system of the end user's device (smartphone, tablet, etc.), it is also possible to give consent, even later, for the use of GPS coordinates by Ncc.it or to revoke the consent. The processing of GPS coordinates occurs only if you are logged in and if the Ncc.it app is active.

Without the processing of personal data, we cannot offer you our services as a transport company. This does not apply to optional information.

Even profile photo, the address of the workplace and home are optional communications will be collected and processeby us only if they are provided to us during registration or later on. We use your profile photo for your identification and to avoid fraud. Your profile photo will be temporarily shown to the driver who must make your journey. The address of the pre-established places (e.g. work and home) are used to simplify the saving of the standard routes used by you. The processing of these personal data, provided voluntarily, takes place on the basis of your consent, pursuant to Art. 6 (1) a) GDPR. If you wish that your data, communicated optionally, are no longer processed, you can simply delete them from Ncc.it app.

The driver who will perform the service and the company will receive pick-up location, together with the name and, if provided, the destination and profile photo, which will be used for identification purposes. The driver can also proceed with identification by asking for your name before the start of the ride. After receiving the call for your ride, the driver can call you using the Ncc.it app. Meanwhile, the mobile number you provided during registration will be displayed. This way, you can be informed by the taxi driver about any delays (for example, traffic jams) and, for example, you can provide more details on the pick-up location. After finishing the ride, the taxi driver will no longer be able to access your personal information on Ncc.it app.

The legal basis for the transmission of the pick-up and destination positions as well as the name and mobile phone number to the respective transport company is written in Art. 6 (1) b) GDPR and, as regards optional information such as profile photo or GPS data, it is written in Art. 6 (1) a) GDPR.

3.1.2 Registration / Login using Facebook Connect

In addition, we offer you the possibility to log in or sign up to the FREE NOW Passenger App using your Facebook user data, a service of Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland ("Facebook"); to do this you have to click on the Facebook Connect button. To access, you will be directed to the Facebook page, where Facebook will ask you for certain permissions to be able to log in with your Facebook user data. In this way your Facebook profile and our FREE NOW Passenger App will be connected. By virtue of this link, your data (name, surname, e-mail address, profile photo) as provided to Facebook will also become visible to us. The processing of this data by us will take place in accordance with the determinations specified in this privacy statement.

For more information you can consult the Facebook privacy policy and terms of use available at the following address:

www.facebook.com/policy.php.

If you would like your data not to be processed as defined above, you will not be able to use the Facebook Connect function. If you have used Facebook Connect in the past, you can prevent further processing by us of your data saved on Facebook by going to 'settings' in your Facebook account and deleting the FREE NOW Passengers app from the 'Apps and websites' category'.

3.1.3 Sign up/Login using Google Account.

In addition, we offer you the opportunity to log in or login with the FREE NOW Passenger App using your Google Account login details on Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). To do this, you will be transferred to the Google website, where Google will ask you for certain permissions and you can log in using your Google login details. In this way, your Google profile and our FREE NOW Passenger App will be connected. Through this link, the information you have provided to Google (name and surname, e-mail address and profile photo) will become visible to us. The processing of this data, on our part, will be carried out in accordance with the determinations of this privacy statement.

For more information you can consult the Google privacy policy and terms of use at https://policies.google.com/privacy?hl=it.

If these conditions do not suit you, do not use access or registration through your Google account. You can prevent further processing by us of the aforementioned data, saved in your Google account, by going to 'security' in

3.1.4 Google Maps integration

Ncc.it app uses the Google Maps API provided by Google Ireland Limited Gordon House, Barrow Street Dublin4 (“Google”). In this way, you can view the maps on Ncc.it app and have the possibility to interact with these maps. Without the Google Maps API application, the Ncc.it app will not work. The terms of use for Google Maps can be found on: https://www.google.com/help/terms_maps.html. There, you will also find a notice regarding Google's privacy policy: https://policies.google.com/privacy?hl=de. We use Google Maps to calculate the expected cost of the ride and to interactively show you the distance of the vehicle that will make your ride. In this context, if you have consented to such use, your GPS location data will be processed in accordance with Art. 6 (1) a) GDPR. Your GPS location data will only be provided to Google in anonymized form. Identification of you, as a person, is impossible.

3.1.5 It is not applicable
3.2 Payment

If you use the payment function with Paypal, we will have to process the following personal data, based on Art. 6 (1) b) GDPR, for the purposes of contract execution:

If you use the payment methods offered through PayPal, the data necessary for the processing of the payment will be transmitted to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). Further information on data processing via PayPal can be found at: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

Credit card payments are made by: (i) the Braintree service of PayPal Inc., 22-24 Boulevard Royal, L-2449, Luxembourg, through which we will transmit your details to PayPal. The privacy policy for the use of the Braintree service is available at: https://www.braintreepayments.com/legal. (ii) Wirecard AG, Einsteinring 35, 85609 Aschheim, Germany. For payments via WireCard, the payment information you provide will be transmitted to Wirecard. Detailed information on data protection on Wirecard can be found here: https://www.wirecard.de/datenschutz/.

All payment service providers are Payment Card Industry Data Security Standard (PCI DSS) certified. The provided credit card details will be transmitted via an encrypted connection directly to the payment processor used by us. Our payment process manager will then carry out an authentication process of your payment method, assigning an amount to your account. This ensures that your payment method is an active means of payment. For security reasons, only the last four digits of your credit card are transmitted to us which we save for identification purposes and for necessary documentation..

3.2.1 Payment Services Directive

The new regulation relating to Directive 2 on payment services (Payment Services Directive 2: PSD2) will come into force. The goal is to standardize security standards and reduce fraud for payments made with alternative instruments to cash, throughout the European Economic Area, through the recent “Strong Customer Authentication” (SCA). This regulation puts in place a uniform legal framework across the EEA for the amounts and frequencies for which authentication is required. Two of three possible authentication factors must be validated: 1) Something the user knows, such as a password or PIN. 2) Something the user has, such as a credit card or device. 3) Something the user is. For example, iris scan, fingerprint or other biometric data. The choice of the relevant authentication methods is the responsibility of the issuing bank

3.3 Evaluation of drivers and passengers

Thanks to Ncc.it app, you can provide public assessments of drivers and cars. If you provide an evaluation, this will be associated with a particular ride and will be taken into consideration in the context of the average evaluation of the driver and the corresponding vehicle. None of your personal data will be transmitted to the driver. The processing of personal data by Ncc.it is carried out on the basis of your consent pursuant to Art. 6 (1) a) GDPR, which you offer by leaving an evaluation. In addition to this, the respective Driver has the possibility to positively evaluate you as a passenger, but also to inform us about any problems. The star rating ranges from one to five, with five being the highest point value. Drivers are invited to leave an evaluation based on the kindness and behavior of the passenger. The ratings can only be viewed by Ncc.it. The processing of this data takes place on the basis of our legitimate interest, pursuant to Art. 6 (1) f) GDPR, in the further development and improvement of the quality of our services.

3.4 Anti-fraud and non-payment measures
3.4.1 General



If you do not want to use the payment service through the app, you can still use the Ncc.it App and make the payment in cash or by debit card. Therefore, we remind you that you can use the Ncc.it App for passengers and our travel booking service at any time, even if the payment service via the app has been deactivated.

In order to protect you from overpaid travel payments, the driver's mobile device sends us the GPS coordinates during close intervals during the ride, allowing us to reconstruct the entire course of the ride. In fact, we intend to ensure that the driver does not purposely extend the journey to earn a higher fee. If you believe you have paid an excessive price, at the end of the race you can ask us for information on its progress. The processing of GPS coordinates serves to protect you and us from fraudulent drivers and/or passengers based on the provisions of Article 6 (1) f) GDPR for the protection of your and our interests (e.g. protection from higher payments due).

3.5 Bug fixes (operating errors) and improved functioning

In order to correct bugs (operating errors) and to improve the functionality of Ncc.it app and adapt it to the needs of passengers, we process the following personal data, pursuant to Art. 6 (1) f) GDPR on the basis of our legitimate interest:

Name and surname, email address, country, mobile number, profile photo (optional), GPS coordinates at the time of the call (if you have allowed access), address of the workplace and home (optional data) , departure and arrival location of the ride and information about your device (device ID, Ad ID), language and time zone.

It is sufficient to achieve the corresponding purpose, we work with anonymous data rather than personal data.

3.6 News and personalized offers
3.6.1 General

You will receive offers and advertising from us if you have consented to the sending of news and personalized offers (advertising, vouchers and offers) and the display of usage-based advertising (“Retargeting”). The service consists of sending personalized advertising via e-mail (e-mail, SMS, MMS) or other electronic means (in-app notifications, push notifications) to your device (smartphone, tablet, PC, etc.). In this regard, we process the following personal data, pursuant to Art. 6 (1) a) GDPR, insofar as you have given us the corresponding consent:

Name and surname, passenger ID, email address, home or workplace address (optional), mobile number, profile photo (optional), payment method, registration date, set language, profile of the Ncc.it App (corporate or private customer), type of ride (booking, flight), version of Ncc.it App, access data, GPS coordinates at the time of the call and at the end of the ride, or place outlet and destination, device ID (device identification code), GAID (Google advertising identifier), IP address and usage data (frequency of use, number of app installations, registration and travel status), language , time zone and city.

If you do not want to receive news and personalized offers, you can revoke your consent by deactivating the corresponding option. You can also contact us by writing an e-mail to supporto@ncc.it.
We remind you that the revocation and the consequent changes will not have retroactive effect and it may take up to 72 hours from the request before they are implemented. For technical reasons it is not possible for us to act more quickly.

3.6.2 Direct advertising for existing customers

Once we have received your email address or mobile phone number for the provision of our service and once you have completed a ride using our service, we may use this data for direct advertising for our products and services via email. (e-mail, SMS and MMS), unless you have declined the direct advertising service. For this purpose, we process your e-mail address or your mobile number according to Article 6 (1) f) GDPR. Our legitimate interest lies in intensifying the relationship with the customer, offering him adequate and interesting information on the products. You can unsubscribe from the service at any time by clicking on the appropriate link at the bottom of the respective email (eg unsubscribe from the newsletter) or by contacting us via SMS, without retroactive effect. The direct advertising sent by us is not personalized. We remind you that the revocation and consequent changes will not have retroactive effect and can be implemented no later than 72 hours from the request. For technical reasons it is not possible for us to act faster.

3.7 Presence on social media
3.8 Facebook

When you view our Facebook page (via a link from our website, our newsletter or directly), you access the prepared technical platform and the services of Facebook Ireland Ltd., 4 Grand Canal Square Grand Canal Harbor, Dublin 2, Ireland ("Facebook").
Please note that the use of the Facebook site and its functions takes place under one's own responsibility. This applies in particular to the use of interactive features (eg. Comments, sharing, evaluation).

When you visit our Facebook page, Ncc.it collects personally identifiable data only if you interact with us through our Facebook page, eg. if you comment on something, click on a "Like" button or send us a message. The legal basis for the processing of such data by Ncc.it is different according to the way in which the features of our Facebook page are used. If you send us eg. a contractually relevant request, the processing of data on our part is based on art. 6, par. 1, lett. b) of the GDPR. Furthermore, data processing may also take place on the basis of consent pursuant to art. 6, par. 1, lett. a) of the GDPR, eg. if you click on "Like", you comment on one of our publications / posts or upload content to our Facebook page. You can revoke the consent given at any time with effect for the future by deleting the comment or its own content. Any revocation does not affect the legality of the processing carried out on the basis of consent up to the time of revocation. Furthermore, we analyze the accesses made and the interactions on our Facebook page. To this end, Facebook creates user profiles and provides us with exclusively anonymised data in the form of Page Insights (“Page Insights”). Page Insights are summarized data that help us better understand how visitors interact with our Facebook Page. Further information is made available by Facebook at the following link: de-de.facebook.com/help/pages/Insights.

Please note that when you use and access our Facebook page, your personal data is processed by Facebook as well as by Ncc.it. For the processing of Insights data, Ncc.it and Facebook are jointly responsible. The respective responsibilities of Ncc.it and Facebook in relation to the processing of Insights data are set out in the appendix for Insights of the Page, available at the following address: https://www.facebook.com/legal/terms/page_controller_addendum.

How Facebook uses Facebook page visit Insights data for its purposes, to what extent Facebook page activities are associated with individual users, how long Facebook retains this data and whether data from a Facebook page visit Facebook page are transmitted to third parties, for all this the sole responsibility lies with Facebook.

With reference to the processing of data through our Facebook page, you have the possibility to assert your rights as an interested person (see also point 4 "Your rights") both towards Ncc.it and towards Facebook. For more information, see Facebook's "Data Policy" available at: de-de.facebook.com/about/privacy.

In addition to the processing described above, Facebook also processes your data for analysis and advertising purposes or to display personalized advertising. At the same time, Facebook also uses, according to our knowledge, cookies, pixels or other techniques that memorize user behavior (even on different terminal devices). In this way, Facebook can display targeted advertising both in the context of its platform and on third-party websites. The data collected about you in this context are transmitted by Facebook to the United States and other countries outside the European Union. Facebook's Data Policy explains in general terms what information Facebook receives exactly and how it is used. There you will also find information on Facebook contact details and setting options for advertisements. The guidelines on the use of data are available at the following link: de-de.facebook.com/about/privacy. The full version of the Facebook Data Policy is available here: https://de-de.facebook.com/full_data_use_policy.

Furthermore, Facebook offers Facebook members the opportunity to object to certain types of data processing. Information on this and the possibility of opt-out are available at: https://www.facebook.com/settings?tab=ads.

3.8.1 Links to social networks Instagram, Youtube

On our website and in our newsletters, we also integrate links to our other profiles in the social networks Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, California, 94025, USA; "Instagram"), Youtube (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Youtube”) via the respective social network logo.

If you click on the link or directly access the contents of Ncc.it on these platforms, you will find yourself on the websites of the respective social media providers. The general terms and conditions and data processing conditions of the respective social media providers apply.
We point out that we are not aware of the content and extent of data processing by the respective service providers. Information on the use of your personal data by the respective social media providers can be found in the respective information on the processing of personal data of these services:

• Instagram: instagram.com/about/legal/privacy/

• Youtube: https://policies.google.com/privacy?hl=de&gl=de

We process data via our social media profiles to the extent that users of social media platforms use our profile to send messages or comments directly to us. The legal basis for data processing is therefore the consent of the respective user pursuant to art. 6, par. 1, lett. a) GDPR or, in the case of contractually relevant requests, art. 6, par. 1, lett. b) of the GDPR. Eventually, we will share your content on our site if this is permitted by a function of the social media platform and communicate with you via the social media platform. The legal basis for this is constituted by art. 6, par. 1, sentence 1, lett. f) of the GDPR. In this case, the data processing takes place on the basis of our legitimate interest in public relations and communication.

4. Rights

If your personal data is processed, then you are a so-called interested party, in the sense specified by the GDPR and therefore you have the following rights before Ncc.it: :

You can, at any time and free of charge, request information relating to the purpose of storing data (Article 15 of the GDPR). You can, at any time, request the correction of incorrect data (Article 16 GDPR). In addition, you can request that your personal data be provided to you in a structured, common and machine-readable format (Art. 20 GDPR).

You can object to the future use of your personal data (Article 21 GDPR). You can also request a partial or complete cancellation (Article 17 GDPR), a limitation of the processing or a block (Article 18 GDPR) of your personal data. We will investigate these requests and, if there is no legal basis for continuing with the processing of such data, we will fulfill your requests. We will inform you about the decisions made.

Regardless of any other administrative or judicial appeal, you have the right to lodge a complaint regarding the processing of your personal data with a supervisory authority.

All requests for information, access, revocation of consent, objections and of any other type relating to data protection can also be sent by e-mail to supporto@ncc.it

5. Data security

We take appropriate technical and organizational measures to ensure data security, in particular to protect your personal data and prevent them from being disclosed to third parties, accidentally or intentionally modified, lost or destroyed. These measures are regularly reviewed and updated to the most current state of the art. The transmission of your personal data from your device (e.g. smartphone) generally takes place encrypted. Ncc.it maintains the highest safety standard

6. Retention period



The data are kept only for the time necessary for the respective purposes for which you have transmitted your data, or to the extent required for compliance with legal or official requirements. We will, in principle, anonymize your personal data after three years, unless we may have a legitimate interest in a longer retention period (e.g. accounting obligations or statutory limitation periods).

7. Updates and changes

We reserve the right to change this privacy policy in the future. In the event that we change the information, we will inform you of the changes and give you the opportunity to give your consent or to refuse it.

Terms and conditions of use

General terms and conditions ("GTC-P") - Italy



Ncc.it Società Cooperativa Roma Via Maretto,24/26 postal code 00166 VAT number 14915191002

Introduction



These terms and conditions govern the use by passengers and users ("User" or "Users") of the Ncc.it Software. This software consists of a technological platform for mobile devices (Application) that allows Users to reach a destination by taking advantage of one of the services indicated such as Rental with driver service (service offered by licensed drivers, consortium members, production and labor cooperatives, hereinafter referred to as "Ncc" or drivers) The User accepts the terms and conditions as described starting from registration, also valid for subsequent access (s) and use of the software, from that moment.
The contract is stipulated only in Italian. The English version is a non-binding translation of the Italian text. The terms and conditions govern only the relationship between the User and Ncc.it. The applicable terms and conditions can be viewed within the Ncc.it software on the User's device or on the Ncc.it website.

A. General terms and conditions for the use of the Ncc.it app for passengers



A.I. Ncc.it Services



(1) Before using the services of Ncc.it, the User must sign in with NCC.IT, providing true and accurate information during registration (name and surname, telephone number and a valid e-mail address ) and choosing a secure password. Only then the User can use the NCC.IT software and services, based on these terms and conditions and applicable laws.
(2) The User is responsible for all the requirements for the use of the services accessible through the NCC.IT software, according to the relevant terms and the respectively applicable regulations. By accessing and using NCC.IT, the User declares and guarantees to have the ability and the right to conclude this agreement and to use the services offered through the application.
(3)NCC.IT provides the User with the NCC.IT software ("App") for mobile devices available using an internet connection, such as smartphones, tablets, PCs (hereinafter referred to as "Devices" or individually the "Device") . NCC.IT does not charge the User any costs for the use of NCC.IT Services, unless otherwise agreed and/or prescribed in these GTC-P (eg. Resolution fees, see A.V.). NCC.IT reserves the right to establish, remove and/or revise the rates for one or all of the services obtained through the use of the NCC.IT Services at any time. NCC.IT will inform the User of any changes regarding the rates. These changes will come into force when the User accepts the new version of GTC-P in the App or following the sending to the User of the new version of the GTC-P by e-mail, following the acceptance by the User of the new version of the GTC-P. If the User does not agree with the changes introduced, he can terminate the contract concluded with NCC.IT with immediate effect.
(4) The App allows the User to use the services of NCC.IT, where available, and call a rental car with driver through NCC.IT, which transmits the request to potential drivers. To this end, the User's current position is identified and transmitted to the driver. Once the driver has accepted the User's request, the User's identification data (for example his name, surname and telephone number) will be sent to him. For the purposes of providing the service, the User can also contact the driver directly who accepts his call through NCC.IT.
(5) The services provided by the App do not include the necessary internet connection. The User is responsible, at his own expense, for accessing the internet, for choosing a Device with the technical requirements for the configuration and capabilities of the Device so that the App can be used and for updating the necessary software.
(6)The use of the App for functionalities is free for the User, with the exception of the costs related to the use of the Mobile Device (such as connection costs), the cost of the services provided by third parties (The rental service with driver) and except as otherwise expressly agreed with the User in these terms and conditions.
The User does not pay NCC.IT any fee for booking the car, unless there has been a different agreement between NCC.IT and the User, without prejudice to the fee due to the driver for the ride.
(7) When the User calls a rental with driver via the NCC.IT App, NCC.IT forwards the request to the potential contractual parties of the User, that is to the renters partners or to the members of the Ncc.it cooperative. The App only provides an intermediary service and does not provide other services. In particular, the use of the App does not give rise to any transport contract or to any rental agreement between NCC.IT and the User.
Any claim arising from the rides booked through NCC.IT relates exclusively to the relationship between the driver and the User.
Any transport service that is outside the intermediation activity of NCC.IT will be agreed directly between the User and the driver, NCC.IT is not no responsible for the services of third parties; this also with reference to the relative invoicing for the service provided.
(8) The services carried out thanks to Ncc.it can also be requested and invoiced as business trips ("Business trips"), in compliance with the NCC.IT conditions for business accounts, the content of which is fully referred to. If a User books a corporate service using NCC.IT App for passengers, or if at the end of a service the User decides to pay for it as a business trip using a Business Account, the personal data collected by NCC.IT will be transmitted to the contracting party authorized by the User for company services for the processing and billing of services ("Billing data"). If the User charges for a service as a business service, the relevant data for billing will be transmitted to the User's employer, in particular name and surname, e-mail address, cost of the journey, time and point of departure and arrival of the running. These data will be transmitted to the Business Account holder to the extent necessary for billing the costs of the company travel.
(9) If a User is authorized, through a Business Account, to charge his employer for rental services with driver for business reasons, he is required to communicate information relating to the private or corporate service he has used. NCC.IT is not required and is not able to determine if the service is private or business.
(10)NCC.IT is not responsible for expenses, costs or damages caused by the User who, through a Business Account, falsely declares that the service is corporate rather than private, even if the contracting party has granted the possibility to charge, to the same, business services.

A.II. Availability, modification and ending of service



(1) NCC.IT does not guarantee the constant and uninterrupted availability of the services referred to in the App, while ensuring full and total availability to do everything within its competence, promptly and diligently, so that the User can use the services requested, also with reference the resolution of any malfunctions of the App. Therefore the User, in any case, will not be able to claim any rights towards NCC.IT.
(2) Furthermore, NCC.IT has the right to temporarily suspend the services without the obligation but with the commitment to inform individual users.
(3) NCC.IT reserves the right to modify the App at any time, in order to improve the App and make qualitative improvements, as well as to stop offering the services provided through the App.

A.III. Conditions for the cancellation of the rental service with driver



(1) In case of cancellation of an NCC service after the reservation has been accepted by the driver, it is possible that NCC.IT will charge the User for the requested service. For more information on the cancellation policy click on the following link.

A.IV. Responsibility



(1)NCC.IT is not responsible for the correct and complete transmission of information or for the fact that it reaches the User in good time.
(2) For damages suffered by the User due to the use of the App, NCC.IT is liable only in the event that such damages are due to willful misconduct or gross negligence of NCC.IT. In particular, in the event that damages have occurred due to the incorrectness, incompleteness or delay in the transmission of information, or due to the unavailability or malfunction of the App, NCC.IT must be held liable only in the event that such damages have been caused with intent or gross negligence.
(3) In other cases NCC.IT will be responsible only and exclusively for its own violations of essential contractual obligations and only for typical, reasonable and foreseeable damages. Essential contractual obligations are defined as those whose fulfillment allows the contract to be properly executed and on which the User generally has the right to rely.
(4) Limitations of liability are not applicable for NCC.IT in cases where there are fatal injuries or damage to health and in any case in all cases in which a regulation is in force to guarantee the User's rights.
(5) The services of NCC.IT are aimed exclusively to people over 18 years of age. Minors can use the NCC.IT services only if authorized by their parents or by those exercising parental authority, without prejudice to the municipal regulations of competence.
(6) In the event that the App or the transmission of data deteriorates or damages the user's software or hardware, NCC.IT can only be held liable if this was caused with intent or gross negligence by NCC.IT . NCC.IT is not responsible for data loss, as the User is the only person responsible for backing up their data.
(7) The User acknowledges that any liability of NCC.IT for the services sub A.I.4 and A.I.5 respectively provided to the User by the driver / association body is excluded in any case.
In particular, NCC.IT is not responsible for the use of the services under A.I.4 and A.I.5. Any use of the aforementioned services in a manner that violates contractual terms or applicable regulations is prohibited. NCC.IT will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profits, loss of data, personal injury, or damage to property, in connection with or in connection with or otherwise deriving from the use of the services or the sanctions that may be applied due to violations of the law.
(8) NCC.IT will not incur any liability in the event that it ceases to provide all or part of its services, temporarily or permanently.
(9) NCC.IT is not responsible for third-party content and links to third-party websites that have been uploaded to the NCC.IT website or in the App.
(10) NCC.IT declines all responsibility for the completeness and updating of the data and information provided by Users who remain solely responsible for the truthfulness, completeness and updating of the data and information provided as well as their suitability to satisfy the prescribed requirements in order to use the functionality of the App and the services accessible through it.
(11) The services are provided "as is" and "as available". NCC.IT excludes all representations and warranties not expressly stated in these terms. NCC.IT in particular does not issue any declaration, guarantee or assurance regarding the reliability, timeliness̀, qualitỳ, suitabilitỳ or availabilitỳ of the services, or the services or goods requested through the App. Nor does NCC.IT provide any guarantee that the services will be uninterrupted or error-free. NCC.IT does not guarantee the quality, adequacy, safety or capacity of third party service providers (in particular the drivers).
The User acknowledges that the entire risk deriving from his use of the services, and of any service or good requested in connection with them, remains exclusively his responsibility, to the extent that this is permitted by applicable law.

A.V. General conditions for the User



(1)The user is always obliged to provide in a truthful and complete way his personal information necessary for the use of the services accessible through the NCC.IT App, as requested during the registration process and in compliance with these terms and conditions. general, the privacy policies of NCC.IT, as well as the general terms and conditions and privacy policy provided by the third party providers of the services respectively for the functions sub AI4 and AI5.
The User is also obliged to keep this information updated.
(2) The user must also use the NCC.IT App so as not to compromise, overload or damage the latter and so as not to jeopardize or circumvent the purposes of the App. The User must neither personally nor using third parties circumvent or modify the security measures of the App.
(3) All rights on the software remain with NCC.IT. The software provided to the user must not be copied, modified, redesigned, decoded or distributed.
(4) The User must keep their username and password safe, not disclosing them to third parties and not allowing the latter to access the App. He is the only responsible for the confidentiality and security of his account. Any unauthorized use by third parties must be immediately communicated to NCC.IT. In particular, the User is required to inform NCC.IT of any loss, theft or improper use of his password, smartphone or other device on which he uses NCC.IT or any other unauthorized use of his account, password or other personally identifiable items. If the User suspects that one of the aforementioned hypotheses has occurred, he must immediately notify NCC.IT of the incident using the following references: supporto@ncc.it
(5) If the User has committed an infringement, the latter is required to indemnify and hold NCC.IT harmless from any liability towards third parties, as well as from the costs of an appropriate legal defense. In case of violation of what has been agreed with NCC.IT, the User is also required to compensate for the damages suffered by NCC.IT.
(6) The User undertakes to inform NCC.IT promptly and accurately in the event that third parties make claims against NCC.IT for violations committed by the User, with reference to the information necessary to evaluate the claims and prepare the due defenses; otherwise the User indemnifies NCC.IT from any liability from now on.
(7) The User cannot store, use or otherwise process the personal data of third parties involved for purposes other than the provision of the service under these terms and conditions and he cannot transfer them to non-involved third parties unless the involved party has given your consent.
(8) The User is obliged to use the services accessible through the App in compliance with the respective conditions and contractual terms as well as in compliance with the sector legislation and applicable local regulations.

A.VI. Liability for content



(1) The responsibility for the contents published and transmitted through the NCC.IT service, the NCC.IT website or any social network used by NCC.IT (by way of example and not limited to Instagram and Facebook) falls exclusively on the User who publishes the contents. This User is required to comply with the applicable legal provisions in this regard (by way of example and not limited to: truthful information, not contrary to the law, not offensive and defamatory), also in compliance with morality and decency.
(2) NCC.IT has the right to remove any published material that does not comply with the above rules.

B. Payment terms and conditions



This Part regulates the methods by which NCC.IT Users pay the fees for the services used through the use of the App.
In particular, the clauses referred to in this Part govern the methods by which NCC.IT Users pay the transport rates due to the driver or, where appropriate, to the relative association body (eg consortium or cooperative ), up to a maximum amount indicated by NCC.IT to the user before the start of the race.

B.I Payment by cash



The user can pay for the rental service with driver in cash, without using the payment system via NCC.IT

B.II. Payment via app ("App")



(1) Pursuant to these General Terms and Conditions, NCC.IT allows Users to use payment methods other than cash through the NCC.IT App to pay for the services performed, using one of the payment methods made available (such as your credit card). The amount for an "App" ride and the amount for the first "App" ride are indicated on the NCC.IT website, in the NCC.IT App or by other means.
(2) When indicating an electronic payment method, the User may be required to select a personal identification element (such as a PIN or password) for the management of payments and authorizations for App rides. In addition , the User acknowledges and agrees that

• when registering a payment method (e.g. credit card), when ordering a trip or when paying via the app, the User may be required to further authenticate their identity;
• this authentication can be processed with different methods (eg. OTP, password, biometric authentication) and depends on the agreement of each User with their bank, payment service provider and / or credit card network (eg Visa , MasterCard, American Express);
• NCC.IT reserves the right to request such authentication from the User's bank or the User's payment service provider, in order to ensure a high level of security;
• during this authentication process, NCC.IT reserves the right to share additional information about the User with the relevant payment service provider, which will be transferred to the User's bank or payment service provider.

In addition, NCC.IT reserves the right to process a payment request at any time after a charge is due in accordance with these Terms and Conditions (for example, cancellation fees, payments delayed, debt settlement or other charges) without requiring any further authentication from the User described above.
The User acknowledges that the terms of this clause B.II. (3) are provided for the purpose of informing the User about the processing of payments. Consequently,
(i) NCC.IT will have no liability to the User for the application, failure to apply or the failure to complete any of these processes in any specific case and
(ii) the terms of the this clause B.II. (3) do not affect or reduce the obligations of the Users towards NCC.IT pursuant to these Terms and Conditions.
(4) The User is free to choose from the payment methods made available for payments through the App. The User can modify, adapt or remove these payment methods, other than cash, through the NCC.IT App. For each service used, the User can choose any of the payment methods that he has saved in the App at the time of payment.
With exclusive reference to the sub A.I.4 service relating to the booking of services, the User is given the right to disable the "App" payment method for using the NCC.IT service. This does not preclude the use of the service with payment by cash or other permitted methods.
(5) The User confirms that the data provided for payment are true and accepts the terms and conditions for the App.
(6) If the user selects PayPal as the payment method, the User pays NCC.IT the final amount he has selected during the payment process without his bank details being disclosed to NCC.IT. Payment is made through a direct debit (electronic debit on the current account) or a deferred debit (payment by credit card) exclusively between the User and PayPal. In accordance with the terms and conditions of use of PayPal, the User may be charged an additional fee for the use of the PayPal service. In order to be able to use the PayPal payment service towards NCC.IT, the user must create a PayPal account with PayPal itself and confirm at the time of payment that the method of payment will be PayPal. In accordance with the terms and conditions of use of PayPal, PayPal expressly reserves the right to charge the amount of the payment due to the User's PayPal account at the time of payment with an amount of different amounts̀.

B.III. User contractual obligations and payment



(1) For the use of the sub A.I.4 service relating to the booking of rental services with driver, the user can choose the payment method between paying with cash or App.
(2) With reference to the rental services with driver sub AI4, if the User chooses to pay through the App, he must pay the gross amount of the transport fare and possibly the desired tip at the end of the journey and hereby authorizes NCC.IT to deduct the amount due from the credit card, PayPal account or other means of payment.
(3) In any case, if the User chooses to pay through the App, he renounces the receipt in paper format and agrees that the invoice for the service is sent to him by email to the address provided to NCC.IT. < br>
(4) NCC.IT expressly reserves the right not to offer certain payment methods in individual cases or in general.
(5) NCC.IT expressly reserves the right to block the User's account or the additional App functions for the User permanently or temporarily or to ask the User to define a new password, PIN or other personal identification element, if there are well-founded reasons justifying such action or if there is a suspicion that the User's account or personal identification element has been used fraudulently or without authorization. In such cases, NCC.IT undertakes to inform the User that his account or the additional App function have been blocked, also indicating the main reasons for this action, if legally permitted, and if possible before the block, but at most late immediately after the lockout.

B.IV. Conditions for the use of vouchers / coupons / codes via the App



Without prejudice to the application of terms relating to specific NCC.IT promotional campaigns, the following conditions apply for the use of vouchers:
(1) The registered User can use the promotional code only if he uses the App service as a payment method.
(2) The promotional code is valid for a single ride or a single rental agreement and can be used only once by each User, account, telephone number and email address during the relevant promotion period specified in the promotional code. Once the code is used within the App, the promotional code and any residual value thereof expire. Codes that are not used during the promotional period expire without any compensation being due. Promotional codes or the balance of a voucher are not redeemable for cash. In the event that it has not been possible to use the codes due to technical errors, there will be no payment of their amount.
(3) If the code is a code for the first payment via the App, it can only be used once for each User and only the first time the User pays for a service using the App. If in his first journey paid with the App the User has not used the promotion, he will not be able to benefit from the code for the first payment through the App for any other route.
(4) It is necessary that, before requesting the service, the code has been entered correctly and that, at the time of payment, the User ensures that the aforementioned code has been accepted by the App. (5) The promotional code can only be redeemed in vehicles registered for the App service and only in participating cities where the App is available.
(6) Promotional codes cannot be combined with any other offers, promotions, coupons or discounts. The codes have no monetary value, are non-transferable or alienable and can be used only once. The loss of the promotional code does not give the right to any replacement
(7) In the event of unauthorized use of promotional codes or vouchers, NCC.IT may block the User's account. Furthermore, in the event of fraud, attempted fraud or suspicion of other illegal activities relating to promotional codes or their exchange, NCC.IT may block or cancel the corresponding User accounts. NCC.IT will have the right to a refund of any value or service obtained fraudulently.
Any claim arising from the services booked through NCC.IT relates exclusively to the relationship between the driver and the User. Any transport service that is outside the intermediation activity of NCC.IT will be agreed directly between the User and the driver, not assuming NCC.IT, therefore, no responsibility for third party services in favor of users; this also with reference to the relative invoicing for the service provided.

B.V Purchase vouchers and payment conditions



Any complaints must be sent by written communication by registered letter with acknowledgment of receipt or by e-mail to support@ncc.it.
(1) Illegal use
In case of illegal use of the voucher and/or the account connected to it, NCC.IT reserves the right to delete the customer's data. NCC.IT also reserves the right to delete customer data even in the event of fraud, attempted falsification or suspicion of illegal activities relating to a voucher or the redemption of a voucher. No rights to activate or redeem vouchers affected by the aforementioned illegal activities.

B.VI. Responsibility



(1) If the User decides to pay using the App, he must ensure that the account where the debit will take place has sufficient funds. If the bank account does not have sufficient coverage, any charges or costs suffered by NCC.IT due to insufficient funds (such as costs relating to credit recovery activities, commissions and / or costs incurred) will be borne by the 'User.
(2) NCC.IT has no responsibility with reference to the cashless payment process, especially if made by debit by credit card and PayPal. In the event of incorrect bookings or made by mistake due to malfunctions in the payment process, the user must contact the payment service provider.
(3) If the User is insolvent about his payment with the payment option selected by him, NCC.IT will have the right to apply a penalty equal to double the cost of the unpaid journey and will also have the right to request compensation for the greater damages suffered due to insolvency if they are consistent and documentable.
(4) If the User culpably violates his special obligation to store and adequately protect his individual access credentials from unauthorized access by third parties, as described in these General Terms and Conditions (see AV) and if the violation of this obligation entails damage to NCC.IT, NCC.IT expressly reserves the right to claim against the User for such damage.
(5) The provisions on liability referred to in Section A.IV. remain unchanged.

C. Common final provisions



C.I. If a provision of these Terms and Conditions is or becomes invalid or unenforceable, or presents a lack, this does not affect the validity and effectiveness of the remaining provisions. The invalid or unenforceable provision must be replaced with a provision that conforms as much as possible to the economic purposes of these General Terms and Conditions.

C.II. These Terms and Conditions are governed by Italian law.

C.III. If the User qualifies as a consumer, for any dispute arising from these Terms and Conditions or connected to them or deriving from them, the Court of the place of residence or domicile elected by the user in the territory will have exclusive jurisdiction. In all other cases the court of Rome will have exclusive jurisdiction.

C.IV. NCC.IT reserves the right to modify these General Terms and Conditions to the extent necessary and in any way reasonable for the User:

• to eliminate subsequent interruptions in the equivalence of essential contractual obligations,
• for adaptation to regulatory changes or the technical context, or
• where this is not in any case harmful to the User, especially in the case of modifications that do not create damage or prejudice to the User.

C.V. NCC.IT will inform the User of any changes and/or additions that it will make to these contractual conditions, adopting all suitable measures to notify the User (preparation of suitable graphics for the manifestation of adhesion by means of a flag, through the which changes will be considered accepted). The User can freely choose not to continue the contractual relationship by not stamping the relative space (flag).

C.VI. If you have any issues, questions or problems, please contact NCC.IT through customer support. Contact details will be available through the app or on the website.

C.VII. The European Commission provides a platform for online dispute resolution, available at the link:
ec.europa.eu/consumers/odr/

The User is aware that NCC.IT is not obliged to participate nor wishes to participate in dispute resolution procedures before a consumer arbitration body.

C.VIII.Terms, resolutions, duration and withdrawal

(1) The contractual relationship between the user and NCC.IT takes effect from the date of acceptance of the Terms and Conditions by the User for an indefinite period of time. Both parties have the right to terminate the contract at any time. In particular, NCC.IT reserves the right to terminate the contract if the User commits serious violations of contractual or legal obligations. It is specified that the termination of the contract simultaneously interrupts the use of the App and any other service associated with the App itself.
(2) If the User qualifies as a consumer, he has the right to withdraw from the contractual relationship with NCC.IT without specifying the reason within fourteen days from the day of acceptance of these Terms and Conditions. This right of withdrawal must be exercised by sending a written communication by registered letter with return receipt to the following address: Via Maretto, 24/26 Rome 00166 or by sending a written communication by e-mail to the address ncc.it@pec.it With the receipt by NCC.IT of the aforementioned communication, the parties are released from their respective obligations deriving from the contract. The right of withdrawal cannot be exercised in respect of the services already performed by NCC.IT.
(3) Without prejudice to the provisions of the previous point, both parties may in any case withdraw from the contract, with notice of fourteen days, by sending a written communication by registered letter with acknowledgment of receipt or by sending a written communication by e-mail to supporto@ncc.it.
The right of withdrawal cannot be exercised in respect of the services already performed by NCC.IT.
(4) From the effective date of the withdrawal from the Contract, NCC.IT may:

• block the user's access to the App or their personal area and deactivate it; • disable any connection to the User's personal area;
• interrupt any service provided by NCC.IT to the User.

D. Explicit consent pursuant to articles 1341 and 1342 of the Civil Code



After examining these Terms and Conditions, the user declares, pursuant to articles 1341 and 1342 of the Civil Code, to fully accept and specifically approve the clauses listed in the following sections:

A. General terms and conditions for the use of the NCC.IT app for passengers

A.I. NCC.IT services (2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13);

A.II. Availability, modification and termination of service (3);

A.III. Conditions for the cancellation of the race;

A.IV. Responsibility;

A.V. General conditions for the User;

A.VI. Liability for content.

B. Terms and conditions of payment

B.III. Contractual obligations of the User and payment;

B.VI. Responsibilitỳ.

C. Common final provisions.

Last revision: October 2020