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Privacy policy

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.

 

When you create an account with On Charge or use our Services, you are directed to these Rules and the On Charge Terms of use (the "Terms and Conditions") which govern your use of our Services. This Privacy Policy is regularly reviewed and was last updated on 09/04/2020. It can be revised or updated from time to time. Whenever you use your Account or our Services or provide information to us, the processing of your Personal Data will be governed by the current version of these Rules and the Terms of use. The Personal Data we possess must be accurate and up-to-date. It is your responsibility to modify these data when they change otherwise the service cannot be provided to you.

 

If you do not agree with these Rules or the Terms of use, please do not create an account and do not use our Service.

 

If you have any questions or comments about these Rules, you can contact our e-mail support listed at the end of this page.

 

  1. Who processes your information ?

KJN Innovation SàRL. (referred to in this Privacy Policy as “On Charge ”, “we”, “us” and “our”) is the “data controller” of your personal data. In simple terms, this means that we: (i) “control” your personal data, including making sure that it is kept secure; and (ii) make certain decisions on how to use and protect your personal data, but only to the extent that we have informed you about the use or are otherwise permitted by law.

 

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.[1] This applies to us as we process Personal Data that can be from people from Switzerland or France. On Charge is committed to complying with the GDPR and all other data protection laws ("Data Protection Laws").

 

  1. The Personal Data we collect about you

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:

  1. Phone number, email address
  2. As regards billing information such as credit cards and expiration dates, these are all stored by our payment service provider : Payrexx in accordance with current security standards.
  3. location data (including the location, date and time a battery is rented and returned) (NOTE : We do not store location data while the battery is being used)

 

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:

  • IP address and information about the device you use to access the Services
  • MAC (Media Access Control) address
  • Name and version of the operating system
  • Manufacturer and model of your device
  • The chosen language
  • Internet browser type and version
  • Name and version of the App you are using
  • Site Traffic Data
  • The Site access page and the page where you access when leaving
  • The pages accessed on the Site during your session to ensure the continuity of the customer experience.

 

 

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.

 

  1. Why is your Personal Data processed

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).

 

            About consent

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 :

  • When Personal Data is available from a publicly available sources
  • To investigate an anticipated breach of contract or a breach of law
  • To protect ourselves and other users against fraud
  • When the collection, use or disclosure of Personal Data is permitted or required by law

 

Legitimate interests pursued by On Charge

We also process your Personal Data to manage our relationship with you including notifying you about changes to our terms or this Privacy Policy and asking you to leave a review or take a survey. For this type of processing, we will always take into consideration the effect of such processing on your fundamental rights and freedoms, and if we believe that the communication would constitute a violation of your rights, we will not proceed with this communication.

 

  1. How we use your Personal Data

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:

  • To track your pickup and drop-off location and where the nearest battery to you are
  • To send purchase invoices to your e-mail
  • To facilitate, process and keep a record of your transactions
  • To notify you and provide you with updates on the Platform including, the Privacy Policy and Terms of use
  • To collect or attempt to collect overdue amounts you owe
  • To send notifications of the end of your charging session
  • To send notifications for prolonged use due to loss or forgetting
  • To create your account
  • To provide the history of your interactions with our Service
  • To facilitate communication between you and On Charge
  • To provide customer service
  • To cooperate with the competent authorities (for example: regarding a battery theft or any other offense related to the use of our service)
  • To investigate and resolve any failures, malfunctions or problems that may have with our Service
  • To cooperate with you if you decide to close your Account and only keep Personal Data that we are required to keep by law or under our other agreements
  • To ensure the security of our Services, to prevent fraud and to enforce our policies
  • To comply with all applicable law and assist law enforcement agencies under applicable law
  • To provide required reports to our financial partners and service providers
  • To respond to any dispute, or legal proceeding between you and On Charge
  • To perform all other activities related to the Services with your consent

 

In order to communicate with you, you agree that we may process your Personal Data for :

  • Notifying you and providing you with updates on the Platform including, the Privacy Policy and Terms of use
  • Sending announcements and additional information about our Services
  • For carrying out surveys, contests, questionnaires, rebate or reward programs, sweepstakes or other promotions for the purposes of On Charge.

 

  1. With whom are your Personal Data shared ?

We will never use or disclose your Personal Data for purposes other than those mentioned in these Rules or the Terms of use, unless such processing is lawful or is required by law.

 

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 :

  • Send information to third party service providers for the operation of our services such as: hosting our Site, data warehousing, data analysis, event logging, information technology, customer service, email delivery, texting , push notifications, checks, and debt collection.
  • Send your credit or debit card payments to the companies that process the payments.
  • Send information to the police, government agencies, relevant agencies, departments or regulatory authorities or other third parties we believe in good faith with whom to cooperate in connection with investigations of fraud or other illegal activity or potential illegal activity, or to investigate violations of our Terms of use.
  • Send information to auditors as part of independent audits of our financial statements and operations.
  • Share your Personal Data with a potential On Charge buyer (in the context of a sale, merger, reorganization or internal acquisition)
  • Send information to our affiliates. Any Personal Data about you that we provide to our affiliates will be handled by our affiliates in accordance with these Rules and we are responsible for the management of Personal Data used by our affiliates.
  • Disclose aggregated statistical data for statistical or public relations purposes. For example, we may reveal that a specific percentage of our users visit a location more often to use our Service.  However, this aggregated information does not contain Personal Data.

 

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.

 

  1. Where is your Personal Data transferred ?

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.

 

  1. How long do we keep your Personal Data ?

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.

 

  1. Your legal rights

Access

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.

 

            Correction

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.

 

            Deletion

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.

 

            Withdrawal of consent

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 :

  • For emails, you can click on the "Unsubscribe" link
  • For push notifications, you can change the settings from your mobile device
  • For cookies on the Website, you can follow your browser instructions to disable them
  • For location services, you can change your mobile device settings

Other rights

You also have :

  • the right to communicate your instructions concerning the fate of your Personal Data after your death
  • the right to request restriction of processing, under certain conditions
  • the right to the portability of your data, under certain conditions
  • a right of opposition

 

File a claim

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).

 

  1. Definitions
  • App - The On Charge mobile payment application and other applications that we can develop.
  • Account - The On Charge mobile payment service account that you have created from the App, on the Website or by calling customer service.
  • Terms of use - Our Terms of use which are revised and accepted by each user when creating an Account or accessing the Services, and which govern the use of our Services.
  • Cookies - Our website uses cookies. A cookie is a small file of letters and numbers stored by computer after being sent to your computer when you visit a website. Whenever you visit the same website again, the information stored in the cookie can be retrieved to notify the website of your previous activity. We use cookies to facilitate website navigation, maintain quality of online service, provide additional security, allow the customisation of your access to the website and remember you when you return to the website.
  • Personal Data - all information relating to an identified or identifiable natural person; an identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier. Note that all information shared with On Charge is not considered Personal Data.
  • Anonymized Data - Statistical or aggregated information, on an anonymized basis (such as anonymous location information, number of people with an On Charge account, group demographic information, etc.), in a form that does not allow identification of a user.
  • Payment Methods - All acceptable payment methods, including MasterCard, Visa; digital wallets;  Apple Pay, Google Pay, TWINT; debit cards;  and any other payment method accepted in the future for a given Transaction.
  • PCI DSS - PCI Data Security Standard.
  • Data Protection Officer (DPO) - The individual responsibility for ensuring that On Charge complies with this Privacy Policy, DPA (Data Processing Addendum) and PIPA (Personal Information Protection Act).
  • Services - Our App, Website, API, main system, products, services, content, features, functions, applications, current IVR system as well as any future updates, modifications or additions to them.
  • Website - The website operated by On Charge to offer the Service : https://www.oncharge.ch and all related information.
  • Transactions - any time you start, pay, complete or complete a charging session using our App or Services.

 

  1. Links to other websites

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.

 

  1. Applicable law

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.

 

  1. Changes to this regulation

We may modify, update, replace or revise these Rules at any time by communicating these updates to you and posting them on our Website. All changes, updates, replacements or revisions are effective upon posting on our Website. All references to the Regulations, Terms of use, Legal Notice or any other document related to our Services are references to the versions of these which have been modified, updated, replaced or revised. Please visit our Website for the most recent version of these documents.

 

  1. Learn more

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.

 

 

 

 

 

 

[1] https://www.kmu.admin.ch/kmu/en/home/concrete-know-how/sme-management/e-commerce/data-protection.html (last seen on 08/03/2020)

© KJN Innovation. All rights reserved.
© KJN Innovation. All rights reserved.