On Charge commits to provide exceptionals services while respecting your privacy aswell as applicable laws in terms of protection of data, confidentiality and respect of privacy. These Privacy Rules (the "Rules") describe our rights and obligations with respect to Personal Data in the European Union and are intended to help you understand how we collect, use and protect your Personal Data. On Charge is very attentive to your Personal Data and will use them only in conformity to this reglement.
Our commitment to protecting privacy includes ensuring the accuracy, confidentiality and security of your Personal Data and allowing you to request access, correction or deletion of your Personal Data.
If you have any questions or comments about these Rules, you can contact our e-mail support listed at the end of this page.
The main controller for processing your Personal Data is KJN Innovation SàRL located in Switzerland, regardless of the country in which you reside or from which you provide your Personal Data. By accepting these Rules, you also explicitly agree that your Personal Data will be processed by On Charge in accordance with these Rules, which includes that your Personal Data is stored and processed on the computers of KJN Innovation SàRL in Switzerland and that emails between you and On Charge are hosted on servers which are also located in Switzerland.
On Charge is subject to European and Swiss laws on the protection of Personal Data, in particular the GDPR (General Data Protection Regulation). The GDPR, entered into force on May 25, 2018 and establishes the ground rules on how non-profit organizations and companies in the EU, such as KJN Innovation SàRL can collect, use and disclose Personal Data. It is also worth mentioning that the Swiss counterpart to the GDPR, a new federal data protection law, is in the works. In the meantime, swiss companies that process Personal Data of individuals located in the EU must comply to the GDPR. On Charge is committed to complying with the GDPR and all other data protection laws ("Data Protection Laws").
We collect and process the Personal Data which is necessary to help you create an account and for you to provide the best possible service.
You provide some of this Personal Data directly when you create an account, use the On Charge service, or when you contact On Charge for customer service.
When using the Platform (this means both the App and Website), we collect and process the following types of Personal Data:
We also collect certain data indirectly when you interact with the On Charge Service by using technologies such as cookies, error messages or usage data of our software that interacts with your devices and software, including:
We only obtain Personal Data from certain third parties such as payment processors, device / software manufacturers. For example, when you register a credit or debit card to use the Service, we use card authorization and fraud control services to verify that your card information matches other information you provide to us, and that the card has not been reported as lost or stolen.
Also note that we may also receive information about you from other third parties (including, for example, business partners, sub-contractors in delivery services, advertising networks, analytics providers, search information providers and credit reference agencies. We also collect Personal Data from publicly available sources.
We process your Personal Data so that we can offer our Services to you and communicate with you. We process your Personal Data in a lawful, fair and transparent manner.
We process your Personal Data because the processing is necessary for the performance of our contract with you in order to offer you our Services (including for administration, to handle regulatory and compliance matters, to process customer inquiries, to provide customer service, to notify you of the end of your charging session, to notify you in case of prolonged use due to loss or forgetting, to perform statistical analyzes, to assess the financial situation, for debt collection, to process your payments, to send you receipts for your transactions, to provide you with usage history).
When we process your Personal Data to communicate with you (including information about promotions, details of events that occur near you or near where you recently completed a transaction, security and compliance messages, targeted advertising, service marketing, updates), we ensure that we have received your consent to process your Personal Data and we are committed to obtaining this consent in a compliant manner.
You can provide your consent directly in the App or on the Website. Your consent may also be provided orally to a customer service representative. If you gave us your consent to allow us to process your Personal Data but you no longer wish to consent to us doing so, you can contact our e-mail support to let us know that you withdraw that consent. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. Note that your decision to withhold or withdraw your consent to certain uses of Personal Data may restrict our ability to provide a particular Service or product.
Subject to Data Protection Laws, we may collect, use or store your Personal Data without your consent in the following limited circumstances :
We only process your Personal Data necessary to achieve the purposes identified in these Rules in order to provide you with a personalized, efficient, safe and easy use.
We will use your Personal Data for the following purposes and in accordance with the corresponding legal bases:
In order to communicate with you, you agree that we may process your Personal Data for :
No Personal Data will be shared with advertising companies or partners without your permission, except as otherwise provided in these Rules.
We only share your Personal Data with the following third parties. This sharing is necessary to provide you with services such as :
We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.
We assure you that the transfer of your Personal Data is carried out in a secure manner and in full compliance with the Data Protection Laws.
In order to offer our Services, we must transfer your Personal Data to KJN Innovation SàRL in Switzerland, regardless of the country where you reside or from which you share your Personal Data.
Your personal information may also be accessible to regulatory authorities, for law enforcement and national security purposes, and may be subject to disclosure in accordance with applicable laws.
If you create an On Charge account or use our Services, we will retain your Personal Data (including information relating to each Transaction) for as long as is reasonably necessary to fulfill the purposes for which the Personal Data have been collected or are necessary for compliance with a legal obligation to which we are subject.
If you create a On Charge account, we will keep your Personal Data for as long as you have that account. If you decide to close your account, we will mark your account as “Closed”, and we will erase any Personal Data we can. We may, however, need to keep a certain amount of Personal Data about you in our database for as long as necessary to comply with our legal obligations or 7 years, whichever is shorter.
You have the right to ask for a copy of the Personal Data that On Charge holds about you free of charge, subject to certain limited exceptions.
We will take all reasonable steps to respond to any legitimate request for access, however, control of Personal Data and other information related to our customers remains with On Charge.
Any request for access to Personal Data must be made in writing and must provide sufficient detail to identify the Personal Data desired.
We will respond to your request within one month. We will provide you with written notice of extension if additional time is required to respond to the request.
On Charge may not be able to respond to a data access request. If a request is refused in whole or in part, we will notify you in writing, providing the reasons for the refusal and the remedy available to you.
You have the right to ensure that the Personal Data we have about you is accurate. All requests to rectify your Personal Data should be made in writing and include sufficient detail to identify the Personal Data and the correction desired.
You have the right to obtain from On Charge the erasure of Personal Data concerning you.
Any request for erasure of Personal Data must be made in writing and include sufficient detail to identify the Personal Data and the desired erasure.
On Charge will respond to any request for erasure within a reasonable time or provide written notice of extension if additional time is required to respond to the request.
In the event that you delete your Account and the App or request the erasure of your Personal Data, we will make commercially reasonable efforts to remove the Personal Data relating to you. However, please note that there are some Personal Data concerning you in our files that we cannot delete as they are always necessary for the purposes for which they were collected, or in connection with a legal obligation by On Charge.
Please also note that we may also retain, use and share Anonymized Data that we previously collected prior to the deletion of your Account.
If you gave us your consent to allow us to process your Personal Data but you no longer wish to consent to us doing so, you can contact our e-mail support to let us know that you withdraw that consent. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. Note that your decision to withhold or withdraw your consent to certain uses of Personal Data may restrict our ability to provide a particular Service or product.
You can withdraw this consent at any time, for example :
You also have :
The Data Protection Officer (DPO) is the person responsible for ensuring On Charge’s compliance with these Regulations and the Data Protection Laws.
You always have the right to communicate with On Charge about any problem you may have with your Personal Data.
Please direct any complaints, concerns or questions regarding On Charge’s privacy compliance in writing to the Data Protection Officer (DPO).
Some pages of our Site include links to third party websites. These third party sites are governed by their own confidentiality and privacy regulations, and we are not responsible for the operation of such third party sites, including, but not limited to, their privacy policies. You should read the privacy policies of these third party sites before providing any Personal Data to them. On Charge is not responsible for the processing of Personal Data on these third party sites.
By opening an Account or using our Services, you agree that the laws of the country of your residence (confirmed by the details of your Account) in Switzerland or France are applicable to these Rules and to any dispute that may arise between you and On Charge and its affiliates, as well as its successors and assigns. You agree to submit to the non-exclusive jurisdiction of the Swiss courts with respect to any dispute arising under this agreement. On Charge is committed to making the best efforts to resolve any issues amicably.
In the event of a dispute, you can enter either one of the jurisdictions having territorial jurisdiction under the Code of Civil Procedure, even the jurisdiction of the place where you reside at the time of the conclusion of this present or the occurrence of the harmful event.
We invite you to communicate with us whenever you wish to let us know your opinions on our practices in terms of the protection of privacy or for any request relating to your Personal Data by contacting our email listed at the end of this page.
 https://www.kmu.admin.ch/kmu/en/home/concrete-know-how/sme-management/e-commerce/data-protection.html (last seen on 08/03/2020)