1. DATA PROTECTION STATEMENT
Data protection is extremely important to Enuu Ltd. (hereinafter “us” or “Enuu”). We therefore ensure that all provisions on data protection are respected, particularly those of the Federal Act on Data Protection (hereinafter “FADP”) and those of the General Data Protection Regulation of the EU (hereinafter “GDPR”). We collect data in order to provide quality service to all our users.
2. DATA PROCESSING
a) Types of personal information:
When you create an account: As a user, you can create a profile on our online platforms. When you register, you provide us with personal information that includes your email address, a password, your name, address, phone number, ID card, credit card, and driving license.
When you use a vehicle: Localisation data regarding the vehicle whereabouts and the duration of use are collected when the Enuu vehicle and the Enuu app are being used.
b) Purposes of data processing: We process the personal information we receive for the following purposes:
Service provision: Light electric vehicles sharing service; more information regarding our service provision can be found on the Enuu platforms as well as in the ToU. We use the personal information you have provided if and when it is required by the services you use.
Multi-device personalisation: If you are using our services on a device and connect with your user account, we may link your user account to this device and, depending on your settings, personalise your experience as a user on other devices that you may use to access our services.
We use the information saved in your Enuu user account to optimize the availability of vehicles, using a statistical model (hereinafter “intelligent balancing”; more information on this model can be found under number 3).
We also use your personal information for analytical purposes in order to improve the usability and the functionality and quality of our platforms (more information on this topic can be found under number 4).
On its platforms, emails, and newsletters, Enuu also shares third-party services or displays links to offers or websites from third parties (e.g. job offers from advertisers). In order to improve our services and establish statistics, we may track the way you use these links through click tracking or other methods.
If you access third-party services – such as social medias – either through our platforms or before you visit them, we may collect personal information such as username, password, or other information provided by these services in order to improve and individually adapt the use of our platforms. The information about your user account collected from this social media may depend on your privacy settings on this social media; in that case, please refer to the privacy statement of the social media in question.
When you create a user account, we may use your contact details in order to send you some information about our products and services or job offers either through our newsletter or through other ways, such as email, letter, phone call, or text message. You can unsubscribe at any time from receiving these marketing emails by clicking the link “unsubscribe” found in every marketing email.
The information we keep enables us to display individual offers on the Enuu websites or others as well as products or services that may interest you.
On its platforms or in its emails and newsletters, Enuu also shares third-party offers or displays links to offers or websites from third parties (e.g. job offers from advertisers). Using click tracking or other methods, we may track the way you use these links in order to show you personalised offers.
Market studies: We sometimes offer our clients the possibility to take part in market studies. The personal information submitted in these studies will only be used with your consent.
Preventing criminal offences: If applicable, your personal data may be used in order to identify or prevent criminal offences or other illegal actions.
c) Legal basis for data processing: When configuring an Enuu account (i.e. when you register via our app), you enter into a contract with Enuu. More information on this topic can be found in our ToU. The legal basis for data processing for the purposes of service provision and multi-devices personalisation is set out in Art. 13 para. 1, 2a FADP, or in Art. 6 para. 1b GDPR. We use your personal data to improve our services, for market studies or marketing purposes, or in order to prevent criminal offences. As such, the processing constitutes a private interest, or an overriding legitimate interest (promoting, or improving our services; preventing criminal offences) and is made according to Art. 13 para. 1 FADP, or Art. 6 para. 1f GDPR.
d) Period of data processing: You can access the personal information saved in your Enuu user account during the whole contract duration. We retain the data for this period. Your personal data is definitely and irreversibly deleted or anonymised (i) when you delete personal information or instruct us to do so, or at the end of the contract – that is, in case of contract termination (detailed information on this topic can be found in our ToU), and (ii) provided that we do not need this information to fulfil the contract, that we are not legally bound to retain it, or that its processing is not necessary to invoke, exercise, or defend statutory claims. Please note that for technical and/or organisational reasons, the definitive and irremediable deletion of your personal data may take a few days.
Should we anonymise your personal information instead of deleting it, we ensure that it does not contain any reference to you, i.e. that neither we nor any third party are able to associate it with you.
3. INTELLIGENT BALANCING
We use some personal data in order to optimize your search and the availability of vehicles, using a statistical model. In order to do so, we evaluate the personal information you have provided to us as well as your behaviour as a user on our platforms (more information on this topic can be found under number 5). The data thus collected is used to improve our statistical model and the performance of our services. More information regarding the legal basis, the purpose of the processing, and the deletion of personal data as part of the intelligent balancing can be found under numbers 2.1.1 and 2.1.2.
4. ORGANISATION OF COMPETITIONS
5. USE OF WEB ANALYTICS TOOLS
a) Google Analytics: we mostly use Google Analytics, a web analytics service offered by Google Inc. Google Analytics may share the collected data with a Google server located in the USA or in another third country. In that case, the IP addresses are anonymised to prevent recognition. The IP address transmitted by your browser while using Google Analytics will not be associated to other Google data. It is possible to prevent Google Analytics from capturing and processing your data by installing a cookie opt-out that prevents your data from being used while you are surfing on this website. Detailed information on this topic can be found under: https://tools.google.com/dlpage/gaoptout?hl=en-GB
6. DATA SECURITY
We use technical and organisational security measures in accordance with the current state-of-the-art in order to protect your personal information against accidental or intentional manipulation, loss, or destruction, and against access by unauthorized persons. Security measures are continually improved according to technological progresses.
7. THIRD-PARTY OFFERS
On its platforms, emails, and newsletters, Enuu also shares third-party services or displays links to offers or websites from third parties. Enuu declines all responsibility for the capture and processing of personal information from these third parties as well as for their services and apps. The provisions on data protection of the third-party supplier apply.
8. TRANSFER OF YOUR PERSONAL INFORMATION TO THIRD PARTIES OR THIRD COUNTRIES
Enuu shares some of your personal data to third parties in the following cases:
a) Subcontractors: In order to provide our services, we use the following categories of subcontractors: hosting providers, cloud services providers, shipping companies, payment service providers. These subcontractors are bound by confidentiality agreements and are not allowed to use your personal information for any purpose whatsoever.
b) Transfer to third countries: Our subcontractors may be located outside of Switzerland or the European Union. Enuu ensures that the data is transferred only to countries with a level of data protection similar to the one applied in Switzerland, respectively in the EU, or that it is transferred only to subcontractors certified Privacy Shield and who thus guarantee data protection standards equivalent to the one applied in Switzerland or in the EU
c) Authorities: In accordance with statutory regulations.
d) Claims: In situations in which the users’ behaviour leads to claims towards Enuu, the transfer of personal information occurs, whenever possible, after Enuu informs the user.
e) Legitimate interests: Personal information may be transferred in order to protect our legitimate interests (e.g. claims from states or from third parties towards Enuu).
Your personal data is in no case sold to third parties.
9. ENUU ON SMARTPHONES
10. RETENTION PERIOD
We retain your personal information for a period determined by the purpose of its collection. We only keep it for as long as it is considered necessary and relevant. The data we are legally bound to retain for a determined period is not deleted (e.g. documentation and conservation obligations in order to ensure accurate accounting, whether for legal or tax reasons).
11. YOUR RIGHTS
11.1 INFORMATION, COMPLEMENT, AND CORRECTION
If you wish to get information about the personal data we retain and/or if you wish to complete or correct some that may be inexact, you can contact us any time by email at firstname.lastname@example.org We will immediately address your request.
If your personal information is processed according to Art. 6 para. 1f of the GDPR, you have the right to object to its processing at any time by sending an email to email@example.com. We will immediately stop processing your personal data in so far as we cannot enforce a legitimate interest to the processing that overrides your interests, rights, and freedom or that the processing enables to assert, exercise, or defend statutory claims.
You can also ask us to delete your personal information by addressing an email to firstname.lastname@example.org. We will delete your information completely and irrevocably once all the current agreements and other legal relations we have with you have been effectively enforced, and provided that we are not legally bound to keep your personal data or that its processing is not necessary to enforce, exercise, or defend statutory claims.
11.4 DATA PORTABILITY
You have the right to receive the personal data you have provided to Enuu in a structured, commonly used, and machine-readable format and you have the right to transmit this data to another controller without hindrance from Enuu or to have it transmitted by Enuu, as long as (i) the processing is based either on Enuu’s consent in accordance with Art. 6(1) GDPR or Art. 9(2) GDPR, or on a contract in accordance to Art. 6(1) GDPR, and (ii) the processing is carried out by automated processes.
11.5 RIGHT TO FILE A COMPLAINT
Without prejudice to any other administrative or judicial remedy, you have the right to file a complaint with a supervisory authority in the Member State where you live, where you work, or where the offence occurred if you believe that the processing of your personal data infringes the GDPR.
The supervisory authority with which the complaint has been filed shall keep the complainant informed on the progress and on the outcomes of the complaint including the possibility of an effective judicial remedy in accordance with Art. 78 GDPR.
11.6 QUESTIONS ABOUT DATA PROTECTION
Should you have any questions about data protection, you can contact us via email at email@example.com; we will do our best to get back to you as promptly as possible. If you prefer to contact us by post, please write to the address provided under number 12.
The data controller, as defined by the FADP, or the controller (GDPR), is:
Enuu SA (German Branch)
c/o The Drivery
Mariendorfer Damm 1
Email : firstname.lastname@example.org
14. STATEMENT OF ACCEPTANCE