Privacy Policy “Swiss E-Car”

I. Introduction

We, Eniwa AG and AEW Energie AG, are two energy suppliers based in the canton of Aargau and, together with local partners (e.g., municipalities), are committed to environmentally friendly and emission-free car sharing. For this reason, we have founded Swiss E-Car AG (hereinafter referred to as the “car sharing company”) based in Aarau. In this privacy policy, we inform you about the collection and use of personal data by the car sharing company, whose services are offered online via the website “swissecar.ch” or the booking platform “portal.swissecar.ch” and via an app (hereinafter referred to as “(Swiss E-Car) app”).

When you visit the websites and use the app, we collect and process personal data (hereinafter also referred to as “data”) about you. Because the protection of your privacy is important to us, we would like to inform you in particular about which personal data we process when you use the app and how we handle this data. For detailed information on data processing based on your visit to the websites, please refer separately to the privacy policy of AEW Energie AG. AEW Energie AG handles the operational matters of the car-sharing company, which is why its privacy policy also applies to the websites of the car-sharing company in a figurative sense. The aforementioned privacy policy is available in its current version on the website of AEW Energie AG.

Personal data (often also referred to as personal information) is any information that identifies you or makes you identifiable, such as your first and last name, address, telephone number, or email address.

We process your personal data in accordance with the applicable data protection regulations. The processing of personal data is generally governed by Swiss law, in particular the Federal Act on Data Protection (FADP), the Act on Public Information, Data Protection and Archiving (IDAG) of the Canton of Aargau, and the associated ordinances and other applicable data protection provisions. In connection with the processing of personal data that falls within the scope of EU legal provisions, we also comply with the EU General Data Protection Regulation (GDPR).

II. Data security measures

We take appropriate technical, contractual, and organizational security measures to protect your personal data against manipulation, loss, destruction, or access by unauthorized persons and to ensure the protection of your rights and compliance with the applicable data protection regulations. This includes, among other things, the use of recognized encryption methods (e.g., encryption using SSL/TLS).

The measures taken are designed to ensure the confidentiality and integrity of your data and to guarantee the availability and resilience of our systems and services when processing your data on an ongoing basis. They are also intended to ensure that your data can be restored quickly and accessed in the event of a physical or technical incident. These security measures are continuously adapted and improved in line with technological developments.

We also take our own internal data protection very seriously. Our employees and the service providers we commission are bound to confidentiality and compliance with data protection regulations. In addition, they are only granted access to your personal data to the extent necessary for the execution of the contract.

III. Data collection and processing purpose

Certain data is already processed automatically when you use the app. We have listed below which personal data is processed for which purposes:

Download the App

When you download the app, certain necessary data is transmitted to the app store you have selected (Google Play Store or iOS App Store). In particular, your username, email address, and customer number for your account, the time of download, payment information, and the individual device ID may be processed. This data is processed exclusively by the respective app store and is beyond our control. For more information, please refer to the privacy policy of the respective app store operator:

Automatically collected data

When you use the app, we automatically collect certain data that is necessary for the use of the app. This includes: device ID, version of your operating system, and time of access. This data is automatically transmitted to us (1) to provide you with the service and related features, (2) to improve the functionality and performance of the app, and (3) to prevent and eliminate misuse and malfunctions.

Registration

Registration is required to use the app. Your first name, last name, date of birth, contact details (e.g., address, telephone number, email address), driver’s license details (e.g., license number, issuing authority, date of issue), and password are among the data that must be provided in the app to register and use the service. The app requires this data for the purpose of concluding the contract and for processing the mutual contractual services.

In order to verify your driver’s license and to take your own photos or videos, access to your mobile phone’s camera must be guaranteed.

We use the mandatory information to authenticate you when you log in and to follow up on requests to reset your password.

The data you enter during registration will be processed and used by us (1) to verify your authorization to manage the user account, (2) to enforce the app’s terms and conditions and all associated rights and obligations, and (3) to contact you (in particular to send you technical or legal information, updates, security notifications, or other messages relating to the management of your user account).

Vehical usage

In order to provide our vehicles and execute the rental agreement, the following personal data will also be processed:

  • Driver
  • Vehical booked
  • Booking-ID
  • Start and end of rental
  • Pick-up location and return location
  • Distance traveled
  • Rental fee
  • Contract history
  • Vehicle condition
  • Payment method
  • Transaction number

Location data from vehicle an mobile phone

The app collects the location data of the vehicle and your mobile phone in encrypted form. Vehicle location tracking is used to ensure road safety at all times, but is particularly important at the start and end of the rental period. Among other things, location tracking is used to trace the route traveled or to check technical system messages (e.g., battery status) and for other important reasons (e.g., late returns, accidents, or other incidents). Your mobile phone is located depending on the settings you have selected (e.g., allow access to location only when using the app) and is used for navigation and distance measurement. This enables us to show you the nearest vehicles and guide you to the corresponding locations.

In addition, the provision of data helps us to manage our services as efficiently as possible, e.g. by enabling maintenance work to be planned and carried out earlier, thereby increasing the availability of the vehicle fleet. The location data also helps us to continuously improve the app’s products and make them future-proof by adapting them to user needs. Vehicle manufacturers also collect data via the vehicle’s software, over which we have no influence. We refer you to the privacy policies of the respective vehicle manufacturers.

Contact customer service or emergency hotline

If you contact our customer service or emergency hotline (e.g., with questions, complaints, or accident reports), additional personal data may be processed in order to implement and process your request. This includes, for example, the date, time, and duration of the phone call with you, the phone number from which you are calling (if not already stored in the app), and your request. Recordings of telephone calls with our customer service or emergency hotline are made with your consent for evidence purposes and for quality assurance and/or to reconstruct the situation in the event of a complaint. We only store this data for as long as it is necessary for these purposes. The same applies to contact by email.

Competitions, discount codes, and events

When voluntarily registering for competitions or using discount codes, personal data such as your first name, last name, or email address will be stored. This personal data may also be used to send you invitations to events. You can unsubscribe at any time by sending an email to info@swissecar.ch.

Surveys and reviews

The app offers users the option of submitting voluntary reviews of the service. Data may also be collected in voluntary surveys, which may be recorded and evaluated by an external market research institute.

IV. Legality of processing

When processing personal data, we comply with the legal principles of processing. Where applicable, we justify the processing of your personal data on the basis of your consent, an overriding private or public interest, or the law. The conclusion or fulfillment of a contract with you is a particularly important overriding interest.

If you give your consent electronically by activating a checkbox, we will record your declaration of consent. You can revoke your declaration of consent at any time without any formal requirements (e.g., by requesting the deletion of your user account in the app under the menu item “Settings”).

V. Data transfer to third parties

We treat your personal data as confidential and only share it if you’ve given us permission to do so, if we’re legally required to, or if it’s needed to enforce our rights, especially claims from the contract. In addition, we will pass on your personal data to third parties if we are entitled to do so and if this is necessary or appropriate for the use of the app or for the provision of services.

We may disclose data for the following purposes and to the following categories of recipients:

  • Identity and driver’s license verification: residents’ registration office and motor vehicle registration office;
  • Contract and payment processing: third parties that provide services in the areas of billing, credit checks, debt collection, and IT support;
  • Protection of legitimate interests (e.g., in the event of third-party claims): law enforcement agencies, courts, and law firms;
  • Compliance with legal provisions (e.g., road traffic law): road traffic authorities, law enforcement agencies, and courts.

When passing on data to third parties, the legal provisions governing the transfer of personal data to third parties are naturally observed. If we use contract processors to provide our services, we take appropriate legal precautions and implement the necessary technical and organizational measures to ensure that your personal data is protected in accordance with the relevant legal provisions.

We also share user data with third parties based abroad. We work with AZOWO GmbH (development and provision of the Swiss E-Car app) and Stripe Payments UK Ltd (billing) to provide our services. We have no influence on the data collection practices of these third-party providers, which is why we explicitly refer to their privacy policies. Further information can be found here:

If data is transferred to third parties in countries outside the EU and the EEA, the third-party providers shall take appropriate measures to ensure that an adequate level of data protection is guaranteed.

VI. Google services

The Swiss E-Car app uses services provided by Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, if you are resident in the EEA or Switzerland, otherwise by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. These are:

  • Google Analytics
  • Google Fonts

Google Analytics

The Swiss E-Car app uses Google Analytics, an analytics service provided by Google that uses cookies. The information generated about your use of the app may be transmitted to a Google server in the US and stored there. Google will use this information to compile reports on app activity for app operators and to provide other services related to app and internet usage. Google may also share this information with third parties.

Further information about Google and data protection is available at Privacy Policy – Privacy Policy & Terms of Service – Google.

Google Fonts

In order to display content correctly and in a graphically appealing manner across browsers, the Swiss E-Car app uses script and font libraries (Google Fonts) to display fonts. Google Fonts are transferred to your browser’s cache to avoid multiple loading. If your browser does not support Google Fonts or prevents access, content will be displayed in a standard font. Calling up script or font libraries automatically triggers a connection to the library operator. In theory, it is possible that Google may collect personal data (e.g., your IP address) and forward it to the US.

Further information about Google Fonts can be found here under FAQ and Privacy Policy FAQ.

VII. Retention periods and right to delete

We only store personal data for as long as is necessary to achieve the above-mentioned purposes or to fulfill contractual and legal storage, evidence, and documentation obligations. If the purpose for storage no longer applies or a prescribed storage period expires, personal data will be routinely blocked or deleted in accordance with legal requirements.

Personal data transmitted to us can be updated and corrected at any time upon request. If we are not legally obliged to retain the data, you can request that it be deleted. You can request the deletion of your user account and thus your data at any time within the app under the menu item “Settings.” Other information that the app collects and stores in anonymized form and that can only be assigned to a specific person with disproportionate effort will not be deleted.

VIII. Your rights

Within the scope of the data protection law applicable to you, you have the following rights with regard to your personal data:

  • Right to information: You have the right to know what personal data we process, what happens to it, and how long it is stored.
  • Right to rectification: You have the right to supplement, correct, delete, or block your personal data at any time.
  • Right to erasure: You have the right to request the erasure of your personal data at any time.
  • Right to data portability: You have the right to request all your personal data from the controller and to transfer it in full to another controller.
  • Right to object: You can object to the processing of your data. We will comply with this unless there are legitimate reasons for processing.
  • Right to withdraw consent: If you have given us consent to process your personal data, you have the right to withdraw this consent and have your personal data deleted.

Please note that exceptions and restrictions apply to these rights. For example, we may still need to process and store personal data in order to fulfill a contract with you, to comply with legal obligations, or to protect our own legitimate interests. To the extent permitted by law, we may therefore refuse your data protection requests or only comply with them to a limited extent.

If you have any questions regarding your rights or how to exercise them, please contact the first point of contact listed in the next section. If necessary, we reserve the right to request your identification in an appropriate manner in order to process your request.

IX. Contact

The Carsharing company is responsible for the data collection and processing described above. Its operations are managed by:

AEW Energie AG
Postfach
5001 Aarau
E-Mail: datenschutz@aew.ch
Phone: +41 62 834 21 11

You can reach the car sharing company’s customer service during office hours from Monday to Friday between 8:00 a.m. and 11:30 a.m. and 1:30 p.m. and 5:00 p.m. as follows:

E-Mail: info@swissecar.ch
Phone: +41 62 834 21 35

In urgent cases outside office hours, an emergency hotline is available on +41 62 834 28 28.

X. Updating the privacy policy

We reserve the right to amend and supplement this privacy policy at any time and at our own discretion. The current version published on the website “swissecar.ch” or available within the app under the menu items “Settings” and “Privacy” applies.

The current version is dated February 21, 2024.