Terms of Use and Privacy Policy of Mobile Application myAthensPass by DAEM

1. INTRODUCTION

We welcome you to myAthensPass mobile application (hereafter “the application") created by the company, with the trade name “MUNICIPALITY OF ATHENS DEVELOPMENT SA OF COMPUTERISATION AND BUSINESS UNITS OF LOCAL AUTHORITIES" and with the business name "DAEM SA", located in Athens, Liosion Street 22, VAT No 090033107 taxation of commercial companies Athens, which will then be named "DAEM" for brevity reasons.

MyAthensPass applies to people who wish to use services of controlled parking. It was created by DAEM to offer users the ability to park easily and quickly by purchasing tickets/cards of controlled parking via the application without having to look for sale points of controlled parking cards.

The user accepts that the application is provided “AS IT IS” and “AS BEING ALLOTTED” without any warranty of adequacy of any purpose, uninterrupted availability, data security, absence of errors. DAEM does not guarantee that the application will meet the user's requirements. To the maximum extent permitted by the applicable law, DAEM disclaims any liability that may be associated with warranties, conditions or application response to specific properties or specifications.

Navigating the application as well as making any transaction or communication with DAEM means the unconditional acceptance of these terms of use, which govern the transactions between DAEM and the users as a whole. Please read the following Terms of Use carefully. If you do not agree with the following Terms of Use, do not proceed to the installation of the application and to its use. Installing the Application file, and using the Application or part of it, thereof you confirm that you have read, understood and agree without limitation or reservation, to be bound by these Terms of Use. Acceptance of these terms of use will abolish any previous agreement, relevant to the current application.

2. USE / OPERATION & CONTENT OF APPLICATION

2.1 All people over the age of 18 are entitled to use the app. DAEM is in no way responsible for illegal use of the application by people under the age of 18 as it expressly prohibits its use from minors. A false declaration of the user’s adulthood, while entering the application, is solely his and his guardian’s responsibility.

2.2 The user is solely responsible for the use of his account for any action done in the use of the application with his password. DAEM is not responsible for any damage that may have been caused to the customer/user by the unauthorized use of his account. The user is required to inform DAEM if he detects an incident of unauthorized use of his account and password or any other security breach.

2.3 DAEM reserves the right to alter, update or upgrade at any time and without notifying the user of the app (totally or alternatively): a) part or all of these terms of use, b) part or all of the content of the application and c) all or part of the content of the application, part or all of the external interface, structure or configuration and its technical specifications. Also, DAEM reserves the right at any time, unjustifiably and without prior notice to the user to cancel, suspend or terminate its operation. The user fully recognizes and accepts all of the above with the sole purpose of navigating and/or using the application's services.

2.4 Both parties (DAEM and user) are committed to the correct, in good-faith and fair use and operation of the application. DAEM takes all necessary measures for the continued and uninterrupted operation of the myAthensPass application but retains the exclusive right when the user accepts to discontinue permanently or temporarily the operation of myAthensPass with or without notifying users/members of myAthensPass.

2.5 DAEM does not provide the devices that are required to access the application, and the user is charged with the cost of using them and any costs or taxes associated with them.

2.6 Content myAthensPass. DAEM is handling with great possible diligence to properly publish/display the product information it promotes through myAthensPass. However, DAEM is not responsible for any errors in the operation of the application, in the information displayed (such as photo, type, etc.) that may be due to technological failures-errors, and/or "human" misprints, and incorrect information from providers, albeit by negligence.

2.7 The user gives his consent to DAEM to use and send to the e-mail account associated with the app newsletters about issues related to the application and its features, new apps or application features that DAEM launches or sends advertising material for any other services, products or programs that DAEM or its affiliates provide. The user undertakes to regularly check the e-mail account associated with the use of the application for messages from DAEM regarding the access and use of the application.

3. COPYRIGHT

3.1 All content of myAthensPass (other than third-party assets, e.g. copyrights of third parties, affiliates, agencies, etc.), i.e., ostensive and not limited to texts, photographs, designs, commercial and financial data, itineraries, all kinds of files, trademarks/logos, layout of myAthensPass etc. are the intellectual property of DAEM and are protected by the relevant provisions of the Greek law, European and international conventions, concerning intellectual property ownership. Under no circumstances should their appearance and display in myAthensPass be construed as transferring and/or licensing and/or the right to use them. Based on the foregoing, it is expressly prohibited to copy, distribute, transfer, process, save, reproduce, republish, modify and any action related to the previously mentioned, in whole or in part, without the explicit prior written consent of DAEM. Otherwise, the above actions may constitute an infringement of DAEM's intellectual / industrial property rights, which reserves the right to claim any positive and consequential damages incurred to it in accordance with the provisions of the applicable law.

3.2 The user of myAthensPass accepts and acknowledges that DAEM has the ability to make commercial use (either by itself or by third parties) of all data displayed on myAthensPass as well as modify them at any time with or without prior notice of myAthensPass users.

4. COMPANY POLICY FOR PERSONAL DATA

4.1 Written consent

By completing the relevant registration form in the "profile" fields with your personal details, you simultaneously provide DAEM your written consent to use the information contained therein for the purposes described in these terms under this policy for personal data.

4.2 Privacy policy

The protection of users' personal data is a crucial issue for DAEM, which is treated with top priority. The personal data of the users is collected by DAEM solely in the context of the use of myAthensPass, the transaction and the communication of DAEM with the users by sending informative messages in relation to the products and services of DAEM. All user personal data collected through the myAthensPass application are absolutely necessary for the performance of the above services by DAEM and are subject to the full and unconditional consent/acquiescence of the users while sending their personal data to DAEM. It is understood that the user is able to access his or her data at any time as well as to request the immediate deletion of the data and the deletion as a registered user. He is also entitled to exert at any time all the rights under Articles 11-13 of Law 2472/1997.

The data is in any case retained by DAEM only for as long as the user of myAthensPass is registered and/or for as long as user transactions are executed with DAEM and are deleted as soon as it is deleted by the user and/or the transaction with DAEM is completed. Also, during the user's visit to myAthensPass it is possible to install session cookies on your mobile. The use of cookies over the Internet is attained in order to track the interest of the users/subscribers regarding the products and services of DAEM. This serves to collect and analyze data related to traffic to websites and to meet the needs of users/subscribers. Therefore, this information is collected solely for statistical purposes. In the event that the user denies a logging cookie (by making the necessary settings in the browser), access is not blocked. The purpose of DAEM is to assure users that accepting a cookie does not in any way give access to their computer or personal data other than what they choose to share with DAEM.

DAEM has taken all necessary measures to ensure the security of the application’s provided capabilities and the confidentiality of information concerning the user. However, the user ought to handle all information provided through the application as confidential and not make any disclosure to third parties.

Personal data is not disclosed to any third party and is administrated exclusively by DAEM and its associates and affiliates of the group. However, all user data is protected and managed in accordance with the terms and conditions of Greek law, in particular Law 2472/1997, and DAEM strictly follows all the rules established by the relevant legislature. Under the above legislation, the data retained by DAEM may only be disclosed to third parties, competent authorities, prosecutors or other administrative services in accordance with the terms and provisions established by the relevant legislation. Also, all data and transactions are governed by the principles of confidentiality of communications (electronic and non) and commercial transactions and all appropriate measures are taken to protect and safeguard their confidentiality during the transmission and/or execution of transactions. The user of myAthensPass should also preserve the confidentiality of his data and not disclose to third parties (albeit from his negligence) or grant the use of the information to third parties.

Any natural person to whom the personal data are mentioned has the right, in accordance with Article 12 of Law 2472/1997, to know whether these are or have been processed. In addition, he has the right, in accordance with article 13 of Law 2472/1997, to raise objections at any time to the processing of data concerning him.

5. LIMITED LIABILITY

5.1 DAEM may interrupt, suspend, modify the functionality of myAthensPass in whole or in part, permanently or temporarily at any time with or without prior notice to myAthensPass user. DAEM and its partners are making every possible effort, within the framework of the technology audit they perform at regular intervals, to ensure that the services, the contents of myAthensPass are seamlessly and uninterruptedly provided and that their high level of security is maintained. It is not, however, responsible for any reason, including negligence, that myAthensPass is interrupted or becomes difficult and/or impossible to access and/or if, despite the security measures in place, viruses or other malicious software are transmitted to user terminals, or if third unauthorized persons interfere in any way with the content and operation of the application, making it difficult to use or causing problems in the proper operation of this or intercept personal data of customers and registered users of myAthensPass.

5.2 DAEM is not to take any responsibility due to the malfunctioning of a telecommunications network that does not fall within its own jurisdiction or control and can have a negative impact on the correct and timely execution of the forwarded commands. The user will not be able to access the application in the event of a telecommunication failure and/or force majeure event and, at all events, DAEM does not guarantee the user’s uninterrupted continuous accessibility of the application.

5.3 In addition, DAEM has no responsibility regarding the user's communication with third parties that are advertised in myAthensPass and is not responsible for any matter arising from the possible conclusion of any commercial transaction between the user/member and the third advertiser. In addition, DAEM is not responsible for any claims of legal or civil and/or criminal nature, nor for any damage (positive, special or incidental, which is indicative and not limited, cumulative loss of profits, loss of earnings, monetary satisfaction, etc.) by users of myAthensPass or third parties due to a cause related to the operation or not and/or the use of myAthensPass and/or inability to provide services and/or information available from the company via myAthensPass and/or any non permissible third party interventions in products and/or services and/or information available through it and/or security gaps created. In any case, however, and if any of the above is due to a proven deception of DAEM, the latter is only responsible for covering any positive damage suffered by the injured party and directly related to the above and the company's deception.

5.4 Any possibility of printing the details of a transaction is indicative and not evidence of the date and time of the transaction and its full details, and is provided only for the purpose of informing the user.

5.5 All limitations of liability set out in these Terms of Use which the user/consumer/visitor/member of myAthensPass as a whole are accepted as valid in good faith and fair trade practice.

5.6 DAEM assumes no liability for any damage that may have been caused to the user by reason of or in connection with the use of the application even if it was notified by the user of the possibility of causing such damage or could have foreseen the possibility of damage. The user bears the sole responsibility and risk of using the application, being responsible for any damage that may have been caused.

6. LINKS TO OTHER SITES

MyAthensPass may contain references to websites for the content and services of which DAEM has no responsibility nor does it guarantee their continued and secure accessibility. Therefore, for any problem encountered during the visit/use of these websites, the user/visitor must address directly to the respective websites, which also bear the sole responsibility for resolving the problem in question. In no case should DAEM be considered as accepting or adopting the content or services of the websites to which it refers or in any way related to it. For any problem that arises when visiting the above websites, the administrator/owner of these sites is the sole responsible person.

7. OTHER TERMS

7.1 Jurisdictions-Applicable Law. Any disputes that may arise with regard to the operation and use of the application, if the consensual settlement is not possible, the courts of the City of Athens are competent. For any dispute relating to the interpretation and application of these terms and conditions and any other matter concerning the use of myAthensPass, the Greek law is applicable.

7.2 Invalidity of terms. If any of the aforementioned terms are or become invalid, the remaining terms will not be affected.

7.3 Modifying Terms of Use. These Terms of Use may be modified at any time by DAEM with or without prior notice. Any changes to the terms apply to their posting on myAthensPass and our users/members are required to be informed of the content of any modifications/changes to the terms.

7.4 Headings. The headings used in these Terms of Use are intended to facilitate the referral to specific terms and are not intended to be instrumental in interpreting the convention.

7.5 Delay in exercising the right. Any delay in the exercise of any part or all of the rights deriving from these terms by the parties (DAEM and user/consumer) does not result in impairment or waiving of this right, which may be exercised at any later stage and at reasonable discretion beneficiary.

7.6 Accept terms. The user/consumer/guest/member of myAthensPass states that he has read these terms and accepts them as a whole and that he acknowledges that they govern all myAthensPass services throughout his navigation/transaction with myAthensPass.

8. PRIVACY POLICY

The management and protection of the user's personal data of the application is governed by the provisions of the applicable legislation regarding the protection of personal data, the decisions of the competent authority and the present terms.

DAEM will maintain and process any personal data of the application users that will come to its knowledge while taking all necessary measures to ensure that this information is kept confidential. Therefore, these data are never disclosed to third parties, unless this is required by law and/or competent authorities. The processing of these data by DAEM will take place for communication, statistical or historical reasons, as well as for reasons of improvement of its services, to which end the user provides his consent, which is presumed to exist for the sole use of the application and which consent also applies to any processing of the user's data from companies associated with DAEM. Unless otherwise instructed, DAEM is entitled to use the user's personal data to advertise and remotely promote its financial products and services as well as those affiliated with it.

In the case of the redirection of users of the DAEM application to third party websites through links, hyperlinks, banners, DAEM is not responsible for the terms and conditions for the management and protection of the personal data the third parties follow. Any natural person to whom the personal data refer is in any case entitled, in accordance with Article 12 of Law 2472/1997, to know whether they are or have been processed. In addition, he has the right, in accordance with article 13 of Law 2472/1997, to object at any time to the processing of data concerning him.

9. POLICY FOR COOKIES

DAEM may collect visitors’/app users’ identification data using relevant technologies, such as cookies and/or Internet Protocol (IP) tracking. Cookies are small files that are sent and stored on the user's computer or any other device they use to access the Internet whenever they visit a website without however knowing any document or file from their device.

This application uses cookies for a variety of purposes, in particular to facilitate the user's access to the services offered on the website as well as for statistical reasons (e.g. traffic to the application, registration of visitors' interest in the products and services of DAEM).

In addition, any third party advertisers or advertising servers, including Google, may post or recognize unique cookies in the browser used by the visitor.