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Privacy Policy

ImprintCookie PolicyPrivacy PolicyTerms and Conditions

Privacy Policy

We, &Charge GmbH (hereinafter "we" or "&Charge"), appreciate your use of our website at https://and-charge.com or our app "&Charge", as well as your interest in our platform for electromobility services.

Your privacy is an important concern for us. We take the protection of your personal data and its confidential treatment very seriously. Your personal data is processed exclusively within the framework of the statutory provisions of data protection law, in particular the EU General Data Protection Regulation (hereinafter "GDPR"). The subject of data protection is personal data. This is any information relating to an identified or identifiable natural person (so-called data subject). This includes, for example, information such as name, postal address, email address or telephone number, but also information that necessarily arises during the use of our website or our app, such as information about the beginning, end and extent of use and the transmission of your IP address.

With this privacy policy, we inform you about the processing of your personal data and about your rights as a data subject in the context of the use of our website or our app and the &Charge services.

1. Control

In order to offer you a comprehensive range of functions, to make the use more comfortable and to be able to optimize our offers, we use so-called "cookies". Cookies are small files that are stored on your end device with the help of your internet browser.
The person responsible for data processing within the meaning of the data protection laws is:
&Charge GmbH
c/o WeWork
Taunusanlage 8
60329 Frankfurt
Deutschland

If you have any questions or suggestions regarding data protection, please feel free to contact us. You can reach our data protection officer as follows:

&Charge GmbH
Datenschutzbeauftragter
c/o WeWork
Taunusanlage 8
60329 Frankfurt
Deutschland
Contact: dataprotection@and-charge.com

2. Provision of our website and our app

When you use our website or app, personal data may be processed regardless of whether you have registered for a user account.

2.1 Technical data

When you access our website or our app through your end device, we may process the following data:

  • Date and time of access
  • Duration of the visit
  • Type of end device
  • Operating system used
  • Functions you use
  • Amount of data sent
  • Type of event
  • IP address
  • Referrer URL

We process this data on the basis of Article 6 (1) (f) GDPR to provide the website or app, to ensure technical operation, and for the purpose of identifying and eliminating malfunctions. In doing so, we pursue the interest of enabling the use of our website or our app and ensuring its technical functionality on a permanent basis. When you call up our website or our app, this data is automatically processed. Without this provision of data, you cannot use our website or app. We do not use this data for the purpose of drawing conclusions about your person or your identity.

2.2 Tracking

Cookies or similar technologies may be stored on your device when you use the &Charge services in order to track your use and to offer you a comprehensive range of functions and make your use more convenient. If you do not want this, you can, for example, prevent cookies from being stored on your device by making the appropriate settings on your device.
Please note that the functionality and range of functions of the &Charge services may be restricted as a result (see section 4 in particular). For more information on data processing for cookies and similar technologies, please refer to our cookie policy at https://and-charge.com/cookie-policy.

As part of the app, we use the "Firebase Crashlytics" service offered by Google Ireland Ltd. if you have given your consent in accordance with Article 6 (1) (a) GDPR. In the event of a crash, device and service-related information (status of the app at the time of the crash, UUID, crash trace, manufacturer and operating system, log messages, longitude/latitude of the device location) is transferred to Google's servers (possibly also in the USA, which does not provide a level of data protection in accordance with the GDPR and access by local authorities may not be effectively prevented). This enables us to evaluate and rectify the malfunction. Further information on data protection can be found at https://firebase.google.com/support/privacy. You can revoke your consent at any time using the app's settings options.

As part of the app, we use the "Meta Pixel" service offered by Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland ("Meta Ireland") if you have given your consent in accordance with Article 6 (1) (a) GDPR. Meta Ireland's services are used in particular to present interest-based advertisements ("ads") to users of our app when they access the social network Facebook (and the connected social network Instagram) on Facebook, Instagram and the connected advertising network (Audience Network), i.e. also on other online presences, and to measure and optimize the impact of these advertisements on conversions. We also use Meta Ireland's Custom Audience function to share target groups with interested partners. Only the names and sizes of target groups are shared in order to enable interest-based display of ads. No personal and/or statistical data is exchanged with the partners.

A corresponding tag from Meta Ireland has been implemented in the app for this purpose. This tag is used to establish a direct connection to the Meta servers when you access our app. It is transmitted to the Meta server that you have accessed the app and how you have acted in the app.
Meta Ireland may link this data to your user account on the social network Facebook or Instagram and use it for its own purposes. The processing of your data by Meta Ireland is explained in the data protection information at https://www.facebook.com/about/privacy.
Different data protection relationships exist between Meta Ireland and us, depending on the specific processing purpose:

  • Meta Ireland is our processor in relation to the processing of personal business tool data for matching, measurement and analytics services.
  • Meta Ireland and we are joint controllers with regard to the processing of personal event data for the creation of responsive audiences, delivery of commercial and transactional messages and personalization of features and content, and to improve and secure the Meta Products.The agreement concluded between us and Meta Ireland in this context to determine the mutual responsibilities for compliance with the GDPR can be found at https://www.facebook.com/legal/controller_addendum. You can also find it at https://www.facebook.com/privacy/policy/?entry_point=data_policy_redirect&entry=0 for more information about the processing of personal data by Meta Ireland - including the legal basis for data processing and how you can assert your rights as a data subject against Meta Ireland.
  • In all other respects, Meta Ireland and we are each responsible for the processing of personal data.

You can withdraw your consent at any time without giving reasons with effect for the future by using the settings options on your device (for the iOS operating system under the option "Settings/Privacy/Tracking", for the Android operating system under the option "Settings/Account/Google/Advertisements").

2.3 Access permissions of the app in the end device

If you are asked to grant access to your location when using the app (e.g., when activating vouchers, see section 6), you can grant the corresponding authorization on a voluntary basis via the corresponding setting in your end device.

If you wish to receive push notifications, you can voluntarily grant permission for push notifications via the corresponding setting in your end device.

The granting of the authorizations is voluntary. However, if you want to use the functions mentioned, the granting of the respective corresponding authorizations is required, otherwise you will not be able to use these functions.

The permissions remain active as long as you have not reset them in your end device by deactivating the respective setting.

3. User account management

You can register as a user of the &Charge services via the website or the app and log in to a corresponding user account. Here you will receive in particular an overview of your user and transaction data and can manage your details.

When you register your user account, you will be asked to provide the following mandatory information:

  • E-mail address
  • Password

Please note that this information is required for the registration of a user account and that we cannot create a user account without this information. As part of the performance of the contract for the &Charge services, we will send you event-related communications when we want to bring to your attention information about your user account and their transactions, as well as changes to the &Charge services. For more information on the conclusion of the contract in connection with the &Charge services, please refer to the terms of use.

You can also use a "single sign-on procedure" to register and log in by integrating the services of third party providers. You can then register and log in for a user account as a logged-in user of Google (Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland) or Apple (Apple Inc., Infinite Loop, Cupertino, CA 95014, USA). If you choose the single sign-on procedure, you will be redirected to the login/registration mask of your account with the respective provider through which the single sign-on procedure is handled. Here you log in with your respective user name and password. We receive a message from the provider that you have successfully logged in and the registration or login is completed. During this process, we do not come into contact with your password or your user name at the provider through which the single sign-on process is handled. Upon successful registration or login, you must confirm with the provider that we may access your basic profile data. This means that you do not have to maintain and update your basic profile data again with &Charge (e.g. if your address changes). If you decide to unlink your &Charge user account with the account at the provider through which the single sign-on process is handled, the corresponding settings at this provider are available to you. For more information on data protection, please visit https://policies.google.com/privacy or https://www.apple.com/legal/privacy/de-ww/.

We process the collected data on the basis of Article 6 (1) (b) GDPR in order to perform the contractual relationship in accordance with our terms of use about the &Charge services with you and to identify you when you log in to your user account.

4. Collecting kilometers

As part of the &Charge services, we offer you the opportunity to collect bonus points, which are recorded in the unit "kilometer" based on your purchases at our partner stores and which can be used for payment towards your mobility service provider when charging your electric vehicle. More information about collecting kilometers can be found in the terms of use and on the website or app. This applies in particular with regard to calculation and, if applicable, cancellation of the kilometers.

The collection of kilometers through purchases at our online partner stores is done through online tracking of your purchases. This requires that the purchase at the online partner store is made by selecting the corresponding link ("to the store" button) on our website or app. For such a "jump" via link, you must be logged into your user account. Before we forward you to the online partner store, corresponding cookies are set to record the purchase volume via online tracking. For more information, please refer to our cookie policy.

After we have determined the volume of your purchases in our online partner store with the help of online tracking and assigned it to your user account, we convert the purchase volume into kilometers and credit your user account accordingly. This assignment is made via an ID generated by us for this purpose, which is stored in the cookie. No further personal data is exchanged between us and the online partner store.
Please ensure that your end device allows cookies to be set. Otherwise, the functionality of recording the purchase volume as the basis for crediting kilometers can no longer be guaranteed, because we can then no longer assign your purchases from our online partner store to you. It is not possible with all online partner stores to make a subsequent booking of kilometers by subsequently notifying the purchase volume.

We process the collected data on the basis of Article 6 (1) (b) GDPR in order to provide you with the functionality and to perform the associated contractual relationship with you in accordance with our terms of use via the &Charge services. In this sense, the online tracking of the purchase volume at the online partner stores is an integral function of the &Charge services in order to be able to guarantee the crediting of the kilometers.

5. Redeeming kilometers

In order to be able to redeem the kilometers credited to the user account at a charging station of your mobility service provider (which must also be our cooperation partner) and to enable us to update your kilometer credit, your &Charge user account must be linked to your customer account with your mobility service provider. This is done on the website or in the app of your mobility service provider. The link is made via an ID generated by us for this purpose; no further personal data is exchanged between us and the mobility service provider.

After successfully linking your &Charge user account with the customer account at your mobility service provider, you can use the kilometers to pay for charging your electric vehicle. We will then receive information on how many kilometers have been used and update the kilometer credit in your user account accordingly. Upon request, you will receive a notification about this.

We process the collected data on the basis of Article 6 (1) (b) GDPR in order to provide you with the functionality and to perform the associated contractual relationship with you in accordance with our terms of use via the &Charge services. In this sense, the linking of your &Charge user account with your customer account at your mobility service provider is an integral function of the &Charge services in order to be able to guarantee the redemption of kilometers.

The technical processing of the use of mileage credits for payment towards your mobility service provider is the responsibility of your mobility service provider.

6. Voucher and location-based activation

You may be able to access and activate vouchers from our online and offline partner stores in the app. This allows you to collect additional kilometers, which are credited to your user account, or you receive discounts or free offers at the partner store. Vouchers are activated according to the listed conditions in the app (e.g. by making a purchase at a specific partner store).

The vouchers of our offline partner stores are usually activated based on location if their stores are located near a charging station. The voucher is activated when we can use the location data of your end device to determine that you are in or at the store of the offline partner offering the voucher (and possibly using a charging station at the same time).

We process the collected data on the basis of Article 6 (1) (b) GDPR in order to provide you with the functionality of the voucher and to perform the associated contractual relationship with you in accordance with our terms of use via the &Charge services. In addition, we process the collected data on the basis of Article 6 (1) (f) GDPR, as we have a legitimate interest in evaluating the activations.

7. Wallbox sharing

As the owner of a private charging station (wallbox), you can use the &Charge platform to offer other users the opportunity to charge their electric vehicle. If you are interested in using an offered charging station, you can use our app to search for and book such charging opportunities. When you make a booking, we act only as an intermediary within the meaning of the terms of use and provide the service of payment processing. In this role, we forward the booking details between the users involved.

We process the collected data on the basis of Article 6 (1) (b) GDPR in order to provide you with the functionalities in each case and to perform the associated contractual relationship with you in accordance with our terms of use via the &Charge services.

The processing of the booked charging process between the participating users beyond the mediation and payment processing in the responsibility of &Charge is in each case their own responsibility. In particular, we are not responsible for the identification of the users and the verification of the charging amount.

8. Other functions

In addition, you can select other functions within the app that may involve the processing of personal data and have repercussions on your user account. The details can be found in the description of the respective function in the app.

In particular, you can take part in "Surveys" or "Challenges" and rate and describe charging stations. In this way, you can also collect additional kilometers, if applicable, which will be credited to your user account. In the app, you will find information about the available challenges, which can include various tasks (e.g., creating and submitting a photo of a charging station), and about the options for rating and describing charging stations.

In addition, you can perform a "check-in" at a charging station and inform the other users as well as the operator of the charging station with a photo and a comment about your impression of the condition of the charging station. If you have a &Charge user account and perform the check-in via the app, this will be linked to your user name and profile picture. We pass the content of the check-in directly to the charging station operator so that they can initiate service measures if necessary.

We also offer you the service of applying for the greenhouse gas reduction quota (THG quota) for your electric vehicle. For this purpose, we transmit the information from your vehicle registration certificate to the Federal Environment Agency and, after successful verification, you will receive a kilometer credit that corresponds to the THG quota.

We process the collected data on the basis of Article 6 (1) (b) GDPR in order to provide you with the functionalities and to perform the associated contractual relationship with you in accordance with our terms of use via the &Charge services. If you participate in "Surveys" or "Challenges" initiated by our cooperation partners, we act as a processor of our cooperation partners in accordance with Article 28 GDPR.

9. Communication

You can voluntarily provide personal data on our website or in our app so that we can provide you with more detailed information.

If you provide us with personal data by e-mail or via a contact form, this is always done on a voluntary basis. Your information will be processed by us for the processing of your contact request and its handling in accordance with Article 6 (1) (b) or (f) GDPR and may also be passed on to third parties in this context.

For the processing of application procedures, we use the platform of the service provider Workwise GmbH and, if necessary, transmit applicant data to this service provider, which is itself responsible for the processing of personal data in the course of the recruitment process. Further information on data protection can be found at https://www.workwise.io/datenschutz.

10. Safeguarding of legitimate interests

We process your personal data to safeguard our legitimate interests. In addition to the interests stated in the description of the individual services and offers, data processing operations are carried out within the framework of our website or after registration, in particular against the background of the following interests:

  • Further development of products, services and support offerings as well as other measures to manage business transactions and processes
  • Improvement of product quality, elimination of errors and faults with the help of customer feedback
  • Processing of data in a central prospect and customer care platform as well as upstream and downstream systems for customer loyalty and sales purposes for the individual support of customers and prospects
  • Needs analysis and customer segmentation, e.g. calculation and evaluation of affinities, preferences as well as potentials
  • Ensuring legally compliant actions, prevention of and protection against legal violations (especially criminal offenses), assertion of and defense against legal claims
  • Ensuring availability, operation and security of technical systems as well as technical data management

In this respect, the respective data processing is based on Article 6 (1) (f) GDPR.

11. Consent

If you give us consent to certain data processing operations, this is always for a specific purpose; the purposes arise in each case from the content of the specific declaration of consent. In this case, the data processing is based on Article 6 (1) (a) GDPR. Without giving consent, we cannot comply with your request covered by the consent. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.

12. Data recipients

Internal recipients: Within &Charge, only those persons have access who need this for the purposes stated in each case.

External recipients: We only share your personal data with external recipients outside of &Charge if this is necessary to process or handle your request, if there is another legal permission or if we have your consent for this. External recipients may be:

  1. Processors: External service providers such as Google that we use to provide services, for example, in the areas of technical infrastructure and maintenance for the &Charge services or the provision of content. These processors are carefully selected and regularly reviewed by us to ensure that your privacy is protected. The service providers may only use the data for the purposes specified by us and according to our instructions.
  2. Public authorities: Authorities and state institutions, such as tax authorities, public prosecutors or courts, to which we (must) transfer personal data for legally compelling reasons or to protect legitimate interests. The transfer is then based on Article 6 (1)
  3. (c) and/or (f) GDPR.c) Private entities: Cooperation partners (in particular the partner stores and cooperating mobility service providers) and other service providers or persons. If we do not collect or process data on their behalf (e.g. in the case of Surveys or Challenges initiated by them) and we therefore act on the basis of an data processing agreement, data transfer takes place on the basis of consent, for the performance of a contract with you or to safeguard legitimate interests, i.e. on the basis of Article 6 (1) (a), (b) and/or (f) GDPR.

13. Data processing in third countries

If data is transferred to entities whose registered office or place of data processing is not located in a member state of the European Union or in another state party to the Agreement on the European Economic Area, we will ensure prior to the transfer that the data transfer is either covered by a legal authorization, that there are guarantees for an adequate level of data protection with regard to the data transfer (e.g. through the agreement of contractual guarantees, officially recognized regulations or binding internal data protection regulations at the recipient) or that you have given your consent to the data transfer.

You can obtain from us an overview of the recipients in third countries and a copy of the specifically agreed regulations to ensure the appropriate level of data protection. Please use the information under section 1 for this purpose.

14. Automated decision making and profiling

We do not use automated decision-making pursuant to Art. 22 GDPR for the preparation, establishment and implementation of business relationships. Profiling only takes place to protect our legitimate interest within the scope of the processing purposes described above.

15. Storage period and deletion

If no information is provided in the description of the individual services and offers regarding the specific storage period or deletion of the data, the following applies:

We store your personal data only as long as this is necessary for the fulfillment of the intended purposes or - in the case of consent - as long as you have not revoked your consent. In the event of an objection to processing, we will delete your personal data unless its further processing is permitted under the relevant legal provisions. We will also delete your personal data if we are obliged to do so for other legal reasons.

Applying these general principles, we will generally delete your personal data without undue delay

  • after the legal basis ceases to apply and provided that no other legal basis (e.g. commercial and tax retention periods) applies. If the latter applies, we delete the data after the other legal basis ceases to apply.
  • if they are no longer required for the purposes pursued by us for the preparation and execution of a contract or legitimate interests and no other legal basis (e.g. retention periods under commercial and tax law) applies. If the latter applies, we delete the data after the other legal basis no longer applies.
  • if the purpose of the collection pursued by us ceases to apply and no other legal basis (e.g. retention periods under commercial and tax law) applies. If the latter applies, we delete the data after the other legal basis ceases to apply.

16. Data subject rights

As a data subject, you have numerous rights available to you. In detail:

Right to access:

You have the right to receive information about the data we have stored about you.

Right to rectification and cancellation:

You can request that we correct incorrect data and - insofar as the legal requirements are met - delete your data.

Restriction of processing:

You may request us - provided that the legal requirements are met - to restrict the processing of your data.

Data portability:

If you have provided us with data on the basis of a contract or consent, you may request - provided that the legal requirements are met - that you receive the data you have provided in a structured, common and machine-readable format or that we transfer it to another responsible party.

Objection to data processing on the legal basis of "legitimate interest":

You have the right to object to data processing by us at any time for reasons arising from your particular situation, insofar as this is based on the legal basis of "legitimate interest" (Article 6 (1) (f) GDPR). If you exercise your right to object, we will stop processing your data unless we can demonstrate - in accordance with the legal requirements - compelling legitimate grounds for further processing that override your rights.

Objection to data processing for the purpose of direct advertising:

We may also process your personal data on the legal basis of "legitimate interest" for the purpose of direct marketing. You have the right to object to this processing at any time.

Revocation of consent:

If you have given us consent to process your data, you can revoke this consent at any time with effect for the future. The lawfulness of the processing of your data until the revocation remains unaffected.

Right of appeal to the supervisory authority:

You can also file a complaint with the competent supervisory authority if you believe that the processing of your data violates applicable law. To do so, you can contact the data protection authority responsible for your place of residence or country or the data protection authority responsible for us.

Your contact to us:

Furthermore, you can contact us free of charge if you have any questions about the processing of your personal data, your rights as a data subject and any consent you may have given. To exercise all of your aforementioned rights, please contact us or send a letter to the address given in section 1 above. Please ensure that we are able to clearly identify you.

17. Integration of third party offers

Websites and services of other providers linked to our website have been designed and are provided by third parties. We have no influence on the design, content and function of these third-party services. We expressly distance ourselves from all content of all linked third-party services. Please note that the third-party services linked from our website may install their own cookies on your end device or collect personal data. We have no influence on this. In this respect, please inform yourself directly with the providers of these linked third-party offers, if necessary. The respective provider and responsible party can be seen in particular via the imprint and the respective data protection information on the corresponding websites.

18. Version

The most current version of this data protection declaration applies.

This version is dated 20.l2.2023

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