1. General

The protection of personal data and the responsible handling of the information that you entrust to us (collectively “the data”) are important to us.

When you use eCarUp services, you trust us with your data. You can use our services in a variety of ways – to monitor, control and manage your charging stations and bill for their usage. As a user of eCarUp you get access to a large number of EV charging stations and can pay by smartphone.

By agreeing to this data protection declaration, you agree that your usage data and, if applicable, the monitoring data of your charging station in the eCarUp Cloud may be stored and processed. In this data protection declaration you will find out which data we collect, for what purposes we collect the data and what we do with the collected data.

We regularly check compliance with our data protection declaration. Your customer data will be stored, processed and passed on in compliance with the relevant provisions of Swiss legislation (Federal Data Protection Act), Federal Data Protection Act (BDG) and the EU General Data Protection Regulation (GDPR). The competent supervisory authority is the Federal Data Protection and Information Commissioner.

2. Information We Collect

We collect information to enable you to use this application and to provide an optimal service. We collect information in three ways:

• Data that you provide to us: Various data is recorded for the use of eCarUp, such as e-mail, credit card information and other relevant data (about the e-charging station, station location, etc.).

• Information that we receive as a result of your use of our services: We collect information about the services you use and how you use them, for example the data exchanged between charging station owners and electric car drivers during a charging process via the platform such as the amount of energy, prices and the time of the transaction.

• Log data that we receive as a result of using the eCarUp website: You can visit our website without having to provide any personal information (see section on deactivating cookies). We store your access data without personal reference. When you access content provided by eCarUp, we collect and store certain data in server logs. These logs include, among other things: Details of how you used our services, such as the pages you visited on ecarup.com. your IP address. Data on device events such as crashes, system activity, hardware settings, browser type, browser language, date and time of your request and referral URL.

Location Information

• Local Storage: We may collect and store information (including Personal Data) locally on your device using mechanisms such as your browser’s web storage (including HTML 5) and application data caches.
• Cookies and similar technologies: We and our partners use various technologies to collect and store data when you access an eCarUp service. This also includes cookies or similar technologies that are used to identify your browser or device. Please also note the last paragraph of this chapter “Deactivation of cookies”
• In order to enable a statistical analysis of usage behavior, we use analysis services and tracking technologies fromGoogle, Mountain View, California, United States a. The data collected in this way is anonymised. Only how eCarUp services are used is recorded, but never personal or customer-identifying data or content. The data collected in this way is used exclusively for troubleshooting and to optimize the customer experience. The information generated is usually transmitted to Google’s European servers and stored there (to enable performance comparisons). You can find more information about Google’s privacy policyhere. 

! Disabling cookies: You can set your browser to block all cookies or to prompt you when a cookie is set. However, keep in mind that many of our services may not work the same if you have disabled cookies. We will then not be able to save your preferred language setting, for example.

3. How we use the information we have

We process the data you provide exclusively to fulfill and process your order and for the purposes of using eCarUp, for advice, for advertising and market research for our own purposes and for the needs-based design of our services.
Once the contract has been completed and payment has been made in full, your data will be blocked for further use and deleted by us after the deadlines due to tax and commercial law obligations have expired, unless you have expressly consented to the further use of your data. Your personal data will only be collected for specified, explicit and legitimate purposes and will not be retained for longer than necessary.
If you have an eCarUp account, we will show your account name and the service you have used (including time information) to the respective charging station owners in the online portal.
If you contact eCarUp, we may record your communication to help resolve any issues you may have. We may send you communications about your use of our Services, including communications about upcoming changes or improvements, using your email address.
Before we use information for purposes other than those set out in this privacy policy, we will ask for your consent.

4. Information We Share

We process the data you provide exclusively to fulfill and process your order and for the purposes of using the eCarUp Cloud, for advice, for advertising and market research for our own purposes and for needs-based purposesdesign of our services. Your personal data will only be collected for specified, explicit and legitimate purposes and will not be retained for longer than necessary.

• When you create an eCarUp account in the eCarUp web portal or in the app, a smart-me account is created at the same time. Consequently, in addition to the general terms and conditions, data protection declaration and terms of use, the general terms and conditions, Data protection and Terms of Use of smart-me AG.
• Cloudflare: To secure the eCarUp server and optimize loading times, CloudFlare is used as a CDN (“Content Delivery Network”). Therefore, all requests are forced to be routed through CloudFlare servers and to statistics that cannot be deactivatedn consolidated. According to the company, the collected raw data is usually deleted again within 4 hours, at the latest after 3 days. Here you will find information to the data collected there and to Security & Privacy at CloudFlare. Cloudflare also operates under the Privacy Shield Agreement between the EU and the US.
• Contact forms: If you use the contact and registration forms offered on our website, you should not enter any sensitive or particularly sensitive data. Information transmitted over the Internet (such as online forms) and content received online may be transmitted over third party networks and may be visible to anyone.
• E-mails: In every e-mail from us you have the option to unsubscribe from further product information or e-mails. E-mails that are necessary for the customer relationship or its termination, e.g. updates to our General Terms and Conditions (“GTC”), are excluded. We use systems to send e-mails Company Mailchimp Inc, Atlanta, Georgia, United States. Your first name, last name, country, language, company and, if required, information about your customer segment are transferred to Mailchimp for processing. Learn more about Mailchimp’s privacy policy here.
• Transactional emails (such as order confirmations) are sent via the US service provider SendGrid sent. Sending via a specialized service provider is necessary here in order to guarantee the delivery of the e-mails and, if possible, to reduce the probability that these e-mails will be classified as “spam”. An appropriate level of data protection is guaranteed at all times. With SendGrid, no message content is stored, only data for sending e-mails and the storage is limited in time. You can find out more about Sendgrid’s data protection guidelines here.
• Third-party providers: Personal data can be stored in third-party systems in order to use third-party technical or organizational services that we need for our business activities. For example, surname, first name, company, language, address, information about the customer segment and bank details in our company’s business software bexio AG, Rapperswil, Switzerland. You can find out more about the data protection guidelines of bexio AG here.
• Customer support: eCarUp uses the company’s systems to provide customer support Freshworks Inc., San Mateo, California, United States. So that eCarUp can help you optimally, the following information is stored exclusively for the purpose of support services: last name, first name, company, delivery address, e-mail, serial number, product type, language, telephone number. eCarUp saves the exchange between you and our customer support, regardless of how we communicate with you (telephone, email, etc). This in order to be able to better support you with future inquiries. Questions asked via the Apple App Store, the Google App Store or social media (such as LinkedIn or similar) also trigger a Freshworks ticket and are saved. The data stored in this way will be stored in accordance with the applicable data protection regulations. You can find more information here.
• Payments: We process payments via Stripe and Paypal, among others. In this respect, your data will be passed on to them. As part of the payment process via PayPal, you will be directed to the PayPal website. You only enter your confidential data on the payment provider’s website. There is then a secure connection. More details on the security of payment transactions can be found at PayPal respectively Stripe to experience.
• Google Workspace: We use business tools from Google Workspace (Google, Mountain View, California, United States). We also store personal data there, for example e-mail addresses. You can find out more about Google Workspace’s privacy policy here.

Your data may also be disclosed due to applicable laws, official orders, etc., as well as for other important reasons (e.g. investigation of possible violations of the terms of use, security deficiencies, serious technical problems, violation of third-party rights, protection of property, etc.).

5. Correction, blocking, deletion and information about your data

You have the right to free information, correction, blocking and, if necessary, deletion of your stored data at any time. Please contact us or send us your request by post or email. The stored personal data will be deleted if you revoke your consent to storage, if your knowledge is no longer required to fulfill the purpose for which it was stored, or if their storage is inadmissible for other legal reasons.

6. Safeguarding the public interest

We will share personal information with companies, organizations or individuals outside of eCarUp if we have a good faith belief that access to, use, preservation or disclosure of that information is reasonably necessary to:

• Comply with any applicable law, regulation or legal process or to comply with an enforceable governmental request.
  enforce applicable Terms of Use, including investigating possible violations.

• Detect, prevent, or otherwise address fraud, security flaws, or technical issues.

• Protect the rights, property or safety of eCarUp, our users or the public from harm to the extent permitted or required by law.

7. Scope

Our privacy policy applies to all services offered by eCarUp and its affiliated companies.
Our Privacy Policy does not apply to services offered by other companies or individuals that may include eCarUp Services, or other websites linked to our Services. Our privacy policy does not cover the handling of information by other companies or organizations that advertise our services.
Our privacy policy may change from time to time. We will not limit your rights under this Privacy Policy without your express consent. Any changes to the privacy policy will be posted by us on this page. If the changes are material, we will provide a more prominent notice (including(possibly, in the case of certain services, a notification by e-mail about the changes to the data protection declaration). We will also keep older versions of this Privacy Policy in an archive for your reference.

Responsible for data protection is:
eCarUp AG
Riedstrasse 18
CH-6343 Rotkreuz


Legally represented d.d. Management: Fabian Trinkler
Phone: +41 41 510 17 17, E-Mail

eCarUp AG

Rotkreuz, February 1, 2023

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General Principles

These General Terms and Conditions (“GTC”) apply to the use of the services, products and all products offered by eCarUp content on the eCarUp Plattform (app and web portal). These GTC also regulate the conclusion, content and execution of contracts for services and products, in particular planning services, consulting services, studies, monitoring, technical services and other services of an order nature carried out by eCarUp AG for the client.

The GTC explicitly do not apply to stations from partner networks that are accessed via the eCarUp platform. Consult the relevant terms and conditions of the partner networks. eCarUp rejects any liability arising from the use of charging stations from partner networks, including the use of RFID cards, charging keys, NFC media and third-party apps. In addition, linking an eCarUp account with RFID or NFC media is at your own risk.

eCarUp may change the terms of the Services from time to time. Changes will be effective upon posting the relevant updated Terms here. Your continued access to or use of the Services after this posting constitutes your acceptance of the modified Terms. If the amended GTC are rejected, eCarUp reserves the right to immediately terminate the contractual relationship with the relevant user.

Our collection and use of personal information in connection with the Services is in accordance with eCarUp’s Privacy Policy. The current version can be found on the eCarUp website. Note that if there is a complaint, litigation or dispute involving you and a third party, eCarUp may provide a claims handler or insurer with any necessary information (including your contact details) and that information or data for resolution of the complaint, litigation or conflict.

All other statements and advertising materials from eCarUp AG are non-binding unless they are expressly designated as binding.

Services

The Services include a technology platform that enables users of the eCarUp mobile applications or websites as part of the Services to use electric car charging stations provided by independent third-party providers. eCarUp only offers its own charging stations for charging processes in exceptional cases for advertising or test purposes. E-charging stations are generally offered and operated by independent third-party providers who are not employed by eCarUp or a company affiliated with eCarUp.

eCarUp Plattform

In particular, the eCarUp platform (web and app) can:

• Charging station owners register their stations for rental;
• Drivers search for and activate charging stations or make reservation requests to station owners;
• Activate and deactivate available or reserved charging stations with the eCarUp app;
• Settle charging processes between the station owner and the e-car driver (via Stripe).

eCarUp reserves the right to expand or restrict the options for use and content made available on the platform as well as the functions and to provide certain functionalities only via the website or only to be made available via the eCarUp app. eCarUp can link the use as such or individual elements thereof to the fulfillment of certain requirements or additional information.

Software License

Subject to your compliance with these Terms, eCarUp grants you a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to: (i) access and use the Applications on your own device in connection with using the Services; and (ii) accessing and using all content, information and related materials made available through the Service. All rights not expressly granted herein are reserved by eCarUp. With regard to the guarantee, warranty and liability, reference is made to Section 7. These provisions also apply to the software.

Limitations

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works from, distribute, license, rent, sell, resell, transmit, publicly display or perform the Services without the express permission of eCarUp transmit, stream, broadcast or otherwise monetize; (iii) except to the extent permitted by law, decompile, reverse engineer, or disassemble the Services; (iv) link to, frame or mirror any portion of the Services; (v) develop or install programs or scripts for the purpose of scraping, indexing, surveying or other data mining, or improperly operate or function with any aspect of the Services restrict or impede; or (vi) attempt to gain unauthorized access to or interfere with any aspect of the Services and related systems or networks.

Conclusion of Contract

The type and scope of the services and products in contracts with an order character correspond to the accepted offer (order) or are regulated in the contract document. During the provision of services, both contractual partners can propose changes to the agreed services in writing at any time. If the customer requests a change, eCarUp AG must inform him in writing or by e-mail whether the change is possible and what effects it will have on the contract, in particular on price and deadlines. With the acceptance of these changes in writing or by e-mail by the client, the contract adjustment becomes legally effective.

By accessing and using the services, you declare your legally binding acceptance of these conditions, which establishes a contractual relationship between you and eCarUp. If you do not agree to these Terms, do not access or use the Services. These Terms expressly supersede any contract or agreement previously entered into with you. eCarUp may terminate these Terms and any Services to you immediately, discontinue the Services generally, or deny access to all or any part of the Services at any time for any reason. Deviating or additional conditions of the buyer are only valid if they are expressly accepted in writing by eCarUp AG. If there are any contradictions between the contract and these General Terms and Conditions, the one contained in the contract and secondarily the one contained in the General Terms and Conditions shall prevailregulation prevails.

When you create an eCarUp account in the eCarUp web portal or in the app, a smart-me account is created at the same time. Consequently, in addition to the general terms and conditions, data protection declaration and terms of use, thegeneral terms and conditions, Data protectionandTerms of Use of smart-me AG.

The presentation of the charging stations on the eCarUp platform does not constitute a binding offer by the provider to conclude a purchase contract. The charging station owner can restrict the charging stations he offers on the platform to specific users/invited persons. The station owner can define different prices and availabilities for the user groups. The station owner can change membership of the user groups and their prices for parking time and energy at any time. By default, a charging station is set to “Public”, i.e. the station can be viewed, reserved and activated by all e-car drivers. The declaration of acceptance of the contract offer is made by activating the charging station or registering and configuring your own charging station.

Execution

eCarUp AG undertakes to fulfill the contract competently and carefully. It protects the interests of the client to the best of its knowledge and belief. eCarUp AG informs the client regularly about the progress of the work and immediately informs him in writing of all circumstances that affect the contractual performance. The client has the right to control and information about all parts of the order at any time. The customer’s obligations to cooperate are regulated in the offer or in the contract document. Delays and additional expenses due to incorrect fulfillment of obligations to cooperate shall be borne by the customer.

Acceptance of Services

An acceptance report is created for the acceptance of the services provided by eCarUp AG. With his signature, the client confirms that all services have been provided and handed over as part of the order and that the order has been completed. If partial services are provided, this regulation applies accordingly. If eCarUp AG provides services to the client after the project has been handed over, these services will be invoiced separately and based on the current price list of eCarUp AG, unless otherwise contractually agreed.

The client is obliged to accept the services as soon as eCarUp AG has informed him that the work has been completed. If the customer fails to accept, although he is obliged to do so, the respective services or partial services are deemed to have been accepted four weeks after eCarUp AG has handed over the service or partial service or declared its completion. In addition, services or partial services are deemed to have been accepted if the contractor has gone live.

Compensation

eCarUp charges 10% commission on all financial net transactions that are processed within the eCarUp platform. The commission is deducted directly, automatically and based on the sum of the net transaction between driver and station owner (via app and directly via credit card) during the payment process.

eCarUp AG expressly points out that all income from the use of the eCarUp platform (income from the charging stations) must be taxed by the owners of the stations (private and legal entities) in accordance with the law. In any case, eCarUp AG excludes claims for damages for irregular declaration of all income by its users.

Payment Processing

Payment services for users on eCarUp are provided by Stripe and are subject to the Stripe Connected Account Agreement (Stripe Connected Account Agreement), which includes the Stripe Terms of Service (collectively “Stripe Services Agreement“). By agreeing to these GTC or by continuing to act as a user on eCarUp, you accept the terms of the “Stripe Services Agreement”, which Stripe may change at any time and without notice. As a condition for eCarUp to use Stripe’s payment services, you agree to provide eCarUp with full and complete information about you and your business, and you authorize eCarUp to use such information and transaction information related to your use of Stripe’s offered payment services.

eCarUp also issues instructions to the cardholder’s financial institution to accept payments from card accounts in accordance with the agreements between the financial institution and the cardholder.

Invoicing for contracts with the character of an order takes place monthly in the case of remuneration according to expenditure, in the case of fixed prices after the services have been provided or according to a payment plan, if one has been agreed. Invoices are to be paid within 10 days of receipt. All prices are net amounts, i.e. always plus VAT and without any deductions or other retentions. Adjustments to VAT are excluded from the fixed price rule.

Guarantee/Warranty/Liability

Unless otherwise agreed in writing, the client will check the services in full for quality defects and the scope of delivery. Complaints about poor quality must be submitted in writing to eCarUp AG within 14 days of acceptance. Late complaints cannot be considered. The client must notify eCarUp AG immediately in writing of any defects that only become apparent after this inspection period. The defect rights for defects that are reported late are forfeited. eCarUp AG provides the following guarantees for defects reported in good time: eCarUp AG assures the customer that the services are free of defects in the intended functionality. This assurance is valid for a period of one year from the date of acceptance; thereafter the claims are time-barred.

The customer must report defects immediately in writing, otherwise the claims are forfeited. The client can demand that eCarUp AG remedy the non-conformity by rectification free of charge. Reduction and conversion are excluded in the case of defects. Further warranty claims are hereby expressly excluded. There is no warranty in the event that eCarUp AG is not responsible for the defects asserted, for example because they were caused by changes, lack of maintenance, improper use, non-compliance with regulations or modifications.

You may use eCarUp’s services to use and schedule charging transactions, however, you agree that eCarUp is not responsible and shall not be liable for any third-party charging stations you use. The contractual and non-contractual liability (Art. 41 ff. OR) are completely excluded within the legal limits. Liability is limited to the price of the respective service.

Limitation of Liability

As a user of the eCarUp platform, you acknowledge that liability insurance is required by road traffic law. It covers damage that drivers cause to others with their vehicle (damage to people and property, but also loss of earnings as a result of this damage). eCarUp therefore excludes any liability for damage to charging stations by third parties (drivers). Disputes between station owners and drivers are to be resolved bilaterally between the parties involved and are not the responsibility of eCarUp.

eCarUp is also not liable for claims for damages, including loss of profit, data loss or damage to persons and property arising out of or in connection with the use of the Services. eCarUp shall not be liable for any damages, liability or loss arising out of: (i) your use of or inability to access the Services; and (ii) any transaction or relationship between you and a third party.

You further agree that Charge Point Providers may not have a business license or permit. The station operators themselves are responsible for the legally compliant use and operation of the charging points integrated in the eCarUp platform. This applies in particular to the collection and processing of the measurement data collected based on the regulations applicable at the location of the charging station.

eCarUp AG is not liable for assistants. Any further liability of eCarUp AG for damage of any kind is excluded. In particular, the client is never entitled to compensation for damage resulting from loss of production, loss of use or data, loss of orders or lost profits, nor for indirect damage or consequential damage.

Repair and Cleaning Costs

You will be responsible for the cost of repairing any damage or necessary cleaning to Charging Stations and third-party property resulting from use of the Services through your Account if such damage or cleaning is beyond normal “wear and tear”. . The services are offered “as is” and “subject to availability”. eCarUp disclaims all warranties not expressly set forth in these Terms, including warranties of merchantability, fitness for a particular purpose and non-infringement. Furthermore, eCarUp makes no representations or warranties as to the reliability, quality, suitability or availability of the third party services or charging stations or that they will be uninterrupted or error free. You agree that, to the maximum extent permitted by law, you assume all risk associated with the use of the Services and Goods.

User and behavior requirements

eCarUp does not check the accuracy of the information provided by the user. The user is responsible for ensuring that the information he has provided is correct at all times. eCarUp does not make any adjustments to the content posted by users. We reserve the right to make exceptions for technical reasons (e.g. display on mobile devices, in apps, etc.) or if we become aware of illegal or immoral content. eCarUp reserves the right to refuse the registration of a user without giving reasons.

Entitled to register are natural and legal persons who are capable of acting (of legal age and capable of judgement). Only one registration per natural person is permitted. When registering, the user must truthfully provide all information required for registration; any subsequent changes must be updated immediately in the user account. The user is obliged to keep all login data and passwords secret and to store them in such a way that third parties cannot access them. The user account is personal and non-transferrable.

You are not permitted to allow third parties to use your account. You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws when using the Services and you shall only use the Services for lawful purposes. You will not cause any annoyance, inconvenience or property damage to the third party or any other party in the course of using the.

Deactivation, Sanctions, Suspension

If a user violates these GTC, violates legal regulations, violates the rights of third parties, asserts his rights and obligations in an abusive manner, or eCarUp has other legitimate interests in protecting the other users, eCarUp reserves the right:

• to warn users;
• to restrict the use of the platform in general or for individual users;
• Temporarily deactivate offers (e.g. if a user does not respond to inquiries for a long time, as long as there is an unresolved conflict between the station owner and the e-car driver; if due claims have not been settled);
• disable offers
• to temporarily block users from accessing the platform;
• to permanently block users if they grossly or repeatedly violate their obligations.

Network access and devices

You are responsible for setting up the data network access required to use the services. If you access or use the Services from a WiFi-enabled device, you may be subject to data and connection charges and fees from your mobile network provider, which you are responsible for paying. You are responsible for obtaining and updating the compatible hardware and devices required to access, update and use the Services and Applications. eCarUp does not guarantee that the Services or parts thereof will function on the relevant hardware or devices. In addition, the services may experience disruptions and delays caused by the use of the Internet and electronic means of communication. eCarUp can also restrict or remove access to the services of the platform if this is necessary for reasons of capacity, security, server integrity or for technical measures. As far as possible, eCarUp will inform users of such restrictions in advance.

Confidentiality and Data Protection

Contractual partners undertake, their employees and persons involved to maintain the confidentiality of all documents and information that are not generally known, which relate to the business sphere of the other contractual partner and become accessible to them during the preparation and implementation of this contract. As long as there is a legitimate interest in doing so, this obligation remains in force even after the end of the contractual relationship. The contractual partners undertake to comply with the relevant data protection regulations and to use personal data only within the scope of the contractually agreed purposes.

In particular, the employees of both parties are to be obligated not to disclose personal data and other information that they have gained knowledge of as a result of or on the occasion of their work for the parties.

Fulfillment and jurisdiction

This contract and all associated rights and obligations are subject to Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Place of performance and place of jurisdiction is Zug, Switzerland.

Authoritative original text. Severability Clause

If there are differences between the German and the foreign language version of these conditions, the German original text is to be used. If a provision of these terms and conditions is ineffective, the remaining part of the provisions shall continue to apply mutatis mutandis.

Final Provisions

Neither the users nor eCarUp are responsible for the non-fulfilment of contractual obligations if the non-fulfillment is due to force majeure. In particular, there are no claims for compensation. Substantive Swiss law applies. The validity of the United Nations Convention on Contracts for the International Sale of Goods dated April 11, 1980 (CISG) is excluded. The ordinary courts at the registered office of eCarUp are the exclusive place of jurisdiction for all disputes arising from or in connection with these GTC.

eCarUp AG

Rotkreuz, 29. March 2022

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