Privacy policy

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We, Eniwa AG and AEW Energie AG, are two energy providers with headquarters in the Canton of Aargau and, together with local partners (e.g. communities), support environmentally friendly and emission-free carsharing. For this reason, we have founded Swiss E-Car AG (hereinafter “car sharing company”) based in Aarau. In these data protection notices, we inform you about the collection and use of personal data by the car sharing company, whose services are offered online via the website “swissecar.ch” or the booking platform “portal.swissecar.ch” and via an app (hereinafter referred to as the “(Swiss E-Car) app”).

When visiting the web presences and when using the app, personal data (hereinafter also referred to as “data”) about you are collected and processed. Because the protection of your personal privacy is important to us, in the following information in particular, we would like to inform you about which personal data we process when you use the app and how we handle it. Please separately refer to AEW Energie AG’s data protection notice for detailed information about the processing of data when visiting their web presences. AEW Energie AG manages the operational affairs of the car sharing company, which is why its data protection information also applies in a figurative sense to the websites of the car sharing company. The current version of the aforementioned data protection information is available on the AEW Energie AG website.

Personal data (often also called personrelated data) are all details with which you can be identified or identifiable, such as your first name, surname, address, phone number or e-mail address.

We comply with the current applicable data protection provisions when processing your personal data. The processing of personal data strictly complies with Swiss legislation, especially the Federal Law on Data Protection (DSG), the Canton of Aargau’s law on Information der Öffentlichkeit, den Datenschutz und das Archivwesen [Information on the Public Sphere, Data Protection and Archiving] (IDAG) as well as the related provisions and other appropriate applicable data protection regulations. In connection with the processing of personal data which fall under the scope of application of the EU’s legal provisions, we also comply with the EU’s General Data Protection Regulation (GDPR).

We take appropriate technical, contractual and organisational security measures to protect your personal data from manipulation, loss, deletion or access by unauthorised persons and ensure the protection of your rights and the adherence to applicable data protection regulations. This includes the use of recognised encryption methods (e.g. encryption by SSL/TLS), among others.
The measures taken shall ensure the confidentiality and integrity of your data as well as permanently ensure the availability and capacity of our systems and services when processing your data. In addition, they shall ensure the swift retrieval of your data and the access to them in the event of physical or technical damage. These security measures are regularly updated and improved in accordance with technological developments.
We also take our own, in-house data protection very seriously. Our employees and the service providers hired by us are required to maintain confidentiality and adhere to data protection regulations. In addition, this access to your personal data is only granted to the extent it is necessary for the execution of the contract.

Certain data are already automatically processed as soon as you use the app. We list which personal data we process for which purposes in the following:

Downloading the app
When downloading the app, certain, necessary data are transmitted to the app store you selected (Google Play Store or the iOS App Store). In particular, your account’s user name, e-mail address, and customer number; the point in time of the download; payment information; and the individual identification number of your device may be processed. The processing of these data take place exclusively through the respective app store and is not within our control. You can find further information in the data protection notices for the respective operators of the app store:

  • For the iOS App Store: Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA, available at Apple Privacy Policy;
  • For the Google Play Store: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA or, if your habitual residence is in the European Economic Area (EEA) or Switzerland, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, available at Privacy Policy.

Automatically collected data
Within the framework of your use of the app, we automatically collect certain data which are necessary for using the app. This includes: Device ID, version of the operating system you are using and point of time of access. These data are automatically transmitted to us, (1) in order to provide you service and functions related to it, (2) to improve the functions and performance characteristics of the app and (3) to prevent and eliminate abuse and malfunctions.

Registration
Registration is required to use the app’s offerings. First name, surname, birth date, contact data (e.g. address, phone number, e-mail address), driving licence data (e.g. licence number, issuing agency, date of issuance) and password are among the data which must be entered in the app for registration and use of the offerings. The app requires these data for the purpose of concluding the contract and for processing the reciprocal contractual services.
Access to the mobile phone’s camera must be ensured for the purpose of driving licence verification, as well as for taking your own images or videos.
We use the mandatory details to identify you when logging in and for requests to reset your password.
The data you entered within the framework of registration are processed and used by us (1) to verify your eligibility to administer your user account, (2) to enforce the app’s terms and conditions as well as all connected rights and requirements and (3) to remain in contact with you (in particular, in order to be able to send you technical or legal notices, updates, security alerts or other messages that affect the administration of the user account, for example).

Vehicle use
The following personal data are also processed for the provision of our vehicles and execution of the rental contract:

  • Driver;
  • Vehicle booked;
  • Booking ID;
  • Beginning and end of the rental;
  • Pick-up location and return location;
  • Distance driven;
  • Rental fees;
  • Contract history;
  • Vehicle condition;
  • Method of payment;
  • Transaction number.

Location data of the vehicle and mobile phone
The app collects the location of the vehicle and your mobile phone in an encrypted form. The vehicle locator is used to provide a roadworthy vehicle at any time, especially at the beginning and end of the rental. Among other things, the locator is used for the plausibility of the distance travelled or to check technical system messages (e.g. battery status) or for other important reasons (e.g. late return, in the event of accidents or in other incidents). The tracking of your mobile phone takes place independently of the settings chosen by you (e.g. access to your location when using the app) and is used for navigation and to measure distance. In this way, we are able to show you the closest vehicles and lead you to the appropriate locations.
In addition, the provision of data helps to control our offerings as efficiently as possible; e.g. in that maintenance may be planned and carried out earlier and the availability of the vehicle pool is therefore increased. Furthermore, the location data help to constantly improve the app’s products and make them more sustainable by adjusting to user needs. Vehicle manufacturers also collect data through the vehicle software, which we have no influence upon. For this, we refer you to the respective vehicle manufacturers’ data protection statements.

Contact with customer service or the emergency hotline
If you contact our customer service or emergency hotline (e.g. for questions, returns or to report accidents), further personal data may be processed to realise and process your request. This includes e.g. the date, the time and the duration of the phone call with you; the phone number from which you call us (if it is not already saved in the app) as well as your concern. Recordings of phone calls with our customer service or our emergency hotline take place under the condition of your consent to evidentiary proof and for the purpose of quality assurance and/or for the reconstruction of the situation in the event of a complaint. We save these data only as long as is necessary for these purposes. The same is valid for contact via e-mail.

Prize draws, discount codes and events
Personal data such as first name, surname or e-mail address are saved when voluntarily registering for prize draws or when using a discount code. These personal data may also be used for invitations to events. It is always possible to unsubscribe by sending an e-mail to info@swissecar.ch.

Questionnaires and ratings
The app provides the voluntary possibility to provide ratings on the offering. Furthermore, data may be collected by these voluntary questionnaires, which is permitted to be recorded and evaluated by an external market research institute.

When processing personal data, we follow the legal framework for processing. Where appropriate, we justify the processing of your personal data through your consent, through an overriding private or public interest or by law. In particular, in the foreground, an overriding interest is the conclusion of or settlement of a contract with you.
If you automatically give your consent by selecting a checkbox, the declaration of consent is recorded by us. You have the possibility to revoke your consent in an informal manner at any time (e.g. in that you request the deletion of your user account in the app under the “Settings” menu item).

As a matter of principle, we treat your personal data confidentially and only transmit it if you have explicitly consented to it, we are legally required to do so or it is necessary to enforce our rights, especially to enforce claims arising from this contractual relationship. Moreover, we only give your personal data to third parties if we are entitled to do so and if it is necessary or appropriate within the framework of the use of the app or is necessary or useful for the provision of services.
Data may be transmitted by us for the following purposes and to the following categories of recipients:

  • The verification of identity and driving licence: residents’ registration office and the traffic office;
  • Contract and payment processing: third parties which provide services in the areas of invoicing, credit assessments, debt collection and IT support;
  • For the protection of legitimate interests (e.g. in third-party claims): law enforcement authorities, courts and legal firms;
  • Compliance with legal provisions (e.g. the Road Traffic Act): traffic office, law enforcement authorities and courts.

If data is disclosed to third parties, the legal regulations on the disclosure of personal data to third parties are, of course, adhered to. If we use staff to provide our services, we take the appropriate legal measures as well as relevant technological and organisational measures to ensure the protection of your personal data in accordance with the relevant legal regulations.
We also share the user data with third parties which are located abroad. For the development of our service, we work together with AZOWO GmbH (development and provision of the Swiss E-Car app) and with Stripe Payments UK Ltd (invoicing). We have no influence on these third parties’ data collection, which is why explicit reference is made to their data protection statements. You can find further information here:

  • For AZOWO GmbH, Wolfentalstrasse 29, 88400 Biberach an der Riss, Germany, under Privacy Policy | AZOWO | Mobility Transformation;
  • For Stripe Payments UK Ltd, 107 Cheapside, London, UK, EC2V 6DN, at Stripe Privacy Center.

If data is provided to third parties in countries outside the EU and EEA, the third parties guarantee that appropriate data protection standards are ensured through appropriate measures.

If your habitual residence is in the EEA or Switzerland, the Swiss E-Car app uses services from Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland; otherwise, Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. It concerns:

  • Google Analytics;
  • Google Fonts.

Google Analytics
The Swiss E-Car app uses Google Analytics, an analytics service from Google, which uses so-called cookies. The information it creates about your use of the app may be transferred to a Google server in the USA and saved there. Google will use this information in order to create reports about activity on the app for the app operators and to provide other services related to the usage of the app and internet usage. Google may also transmit this information to third parties.
Additional information on Google and data protection are available at Privacy Policy.

Google Fonts
In order to display contents correctly and in a graphically appealing manner across browsers, to a certain extent, the Swiss E-Car app uses script and font libraries (Google Fonts) for the depiction of fonts. Google Fonts are transferred to your browser’s cache to avoid loading multiple times. If your browser does not support Google Fonts or prevents access, contents are shown in a standard font. A connection to the operator of the library is automatically triggered when script or font libraries are called up. Therefore, it is theoretically possible that Google collects personal data (e.g. the IP address) and forwards it to the USA.
You can find further information on Google Fonts here at the FAQ and Privacy FAQ.

We only save personal data as long as it is necessary to achieve the abovementioned purposes or for the fulfilment of contractual and legal storage periods, burdens of proof and documentation obligations. If the reason for saving the data no longer applies or a prescribed storage period expires, personal data are routinely restricted or deleted in accordance with legal regulations.
Personal data transmitted to us may be updated and corrected at any time upon request. If we are not legally required to store the data, you may request their deletion. You may also request the deletion of your user account and therefore also the data in the app, under the menu item “Settings”. Other information which the app collects and saves in an anonymised form and which can only be attributed to a certain person with an excessively high amount of effort are not deleted.

Within the framework of the data protection law applicable to you, you have the following rights with regard to your personal data:

  • Right to access: You have the right to find out which personal data we process, what happens to it and how long they are stored.
  • Right to rectification: At all times, you have the right to amend, correct, delete or freeze your personal data.
  • Right to deletion: At all times, you have the right to demand the deletion of your personal data.
  • Right to transmission: You have the right to request all your personal data from those responsible for its processing and to transmit it in full to another person responsible for its processing.
  • Right to object: You may object to the processing of your data. We adhere to this unless there are legitimate reasons for its processing.
  • Right to revoke consent: If you have given us consent to process your personal data, you have the right to revoke this consent and have your personal data deleted.

Please note that there are exceptions and limitations to these rights. We may need to continue to process and save personal data in order to fulfil a contract with you, to comply with legal obligations, or to protect our own interests worthy of protection. As a result, to the extent legally permissible, we may therefore also refuse your requests related to data protection or only comply with them to a limited extent.
For questions related to your rights as well as to assert them, contact the first point of contact in the next section. We reserve the right to request your identification in an appropriate manner when processing enquiries if it is necessary.

The car sharing company is responsible for de data collection and data processing, whose operational business is provided by:

AEW Energie AG
Postfach
5001 Aarau
E-mail: datenschutz@aew.ch
Phone: +41 62 834 21 11

You can reach the car sharing company’s customer service during its office hours from Monday through Friday between 8:00-11:30 am and 1:30-5:00 pm as follows:
E-mail: info@swissecar.ch
Phone: +41 62 834 21 35

In urgent cases, outside of office hours, there is an emergency hotline available at +41 62 834 28 28.

We reserve the right to amend and expand these data protection notices at any time and at our sole discretion. The current version published on the website “swissecar.ch” or available in the app under the menu items “Settings” and “Data protection” shall apply. The current version is dated 21.02.2024.