CHARGE NOW | Privacy Policy

When you access and visit this website, various personal data is processed. This privacy policy explains what personal data we process and what we use it for. It also explains how it is processed and for what purpose.

I. Name and address of the controller

Digital Charging Solutions GmbH Rosenstraße 18-19, 10178 Berlin Germany E-mail: info@digitalchargingsolutions.com

II. Data protection officer contact details

Digital Charging Solutions GmbH - Data Protection Officer - Rosenstraße 18-19, 10178 Berlin Germany E-mail: dataprotection@digitalchargingsolutions.com

III. Purposes and legal bases of the processing of personal data

1. Access to our website

When you access our website, data that your browser transmits to the server on which the website content is hosted is automatically stored in log files and processed if necessary. These are:

date and time of access;
IP address of the accessing terminal equipment;
website accessed;
the URL from which the file was requested/the desired function was initiated;
the size of the transferred data volume and
the transmitted browser ID.

This data is processed solely for the purpose of providing content from our website and for the purposes of identifying and tracing unauthorised access to the web server and other criminal offences. The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interests are to ensure IT security and to guarantee the operation of our internet presence.

Right to object

Data processing is absolutely necessary for the website’s security and operation. Objection to this data processing is therefore only feasible if you do not visit our website.

2. External hosting

This website is hosted by an external service provider (host). The hosting services we use are for the provision of the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating our website. The personal data collected on this website is stored on the host’s servers.

Our host will only process your data to the extent necessary for the fulfilment of its service obligations and will follow our instructions with regard to this data. To ensure data protection-compliant processing, we have concluded an order processing contract with our host.

The legal basis for the processing of personal data within the scope of hosting is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest lies in the efficient and secure provision of this online offer.

Right to object

Data processing is absolutely necessary for the website’s security and operation. Objection to this data processing is therefore only feasible if you do not visit our website.

3. Contact

When you contact us by e-mail, the data you provide (your e-mail address, name and telephone number, if applicable) will be stored by us in order to answer your questions.

The legal basis for the processing of your data is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest here is to be able to respond to your email about the data you have provided, for example by answering your enquiry. If the contact is made in relation to the performance of a contract or for the execution of pre-contractual measures with you, the legal basis is Art. 6 para. 1 sentence 1 lit. b GDPR. Depending on the nature of your request, data processing may also be based on your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.

Right to object

You can object to the processing of your personal data on the basis of Art. 6 para. 1 sentence 1 lit. f GDPR at any time. To exercise your right to object, please contact either dataprotection@digitalchargingsolutions.com or the address above. We will then process your request immediately.

Right to object

Insofar as data processing is based on your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, you have the right to withdraw your consent at any time with effect for the future. For this, all you need to do is send an e-mail to dataprotection@digitalchargingsolutions.com. The legality of the data processing already carried out remains unaffected by the withdrawal of consent.

4. Conclusion of contract and provision of services

In the course of concluding the contract (registration) and in order to provide our services via the CHARGE NOW app, we process the following personal data from you:

Contact details (e.g.: name, first name, address, email address)
Account data (e.g.: customer login, payment data)
Vehicle details
An individual identification number assigned to the CHARGE NOW card or the respective authentication instrument that you use for authentication at the charging stations.
Records of the use of the charging stations showing your individual charging events (so-called "charge detail records").
The location of the charging point at which the charging event was conducted, as well as your location by displaying a map for easier orientation and ensuring correct addresses (we only process the location if you use an e-Route service and have activated the GPS function in the CHARGE NOW app).

The processing of the aforementioned personal data is carried out in order to enable you to use the CHARGE NOW service and for invoicing purposes. The legal basis for the data processing is Art. 6 para. 1 sentence 1 lit. b GDPR.

5. Logging in or registering on this website

You can log in or register on our website to use additional features on the site. We only use the data entered for the purpose of providing the respective offer or service for which you have registered.

The processing of the data entered during login or registration is carried out for the purpose of implementing the user relationship established by the registration and, if necessary, for initiating further contracts (Art. 6 (1) (b) GDPR).

Login with Facebook

We offer you the option of logging in with Facebook Connect. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. To log in, you will be redirected to the Facebook page, where you can log in with your user data. This will link your Facebook profile and our service. The following information is transmitted to us through the link:

Facebook name
Facebook profile and cover picture
Facebook cover picture
Email address registered with Facebook
Facebook ID
Facebook friends lists
Facebook Likes
Birthday
Gender
Country
Language

This data is used to set up, provide and personalise your account.

Logging in or registering with Facebook Connect and the associated data processing operations are based on your consent (Art. 6 (1) (a) GDPR. This consent is voluntary. You can withdraw your consent at any time with effect for the future.

Insofar as personal data is collected on our website and forwarded to Facebook, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, 20 / 39 Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 GDPR). The joint controllership is limited exclusively to the collection of the data and its transfer to Facebook. The processing by Facebook that takes place after it has been forwarded is not part of the joint responsibility. The obligations incumbent on us together were set out in a joint processing agreement. You can find the text of the agreement at:https://www.facebook.com/legal/controller_addendum.

Under this agreement, we are responsible for providing the privacy information when using Facebook Connect on our website. You can assert data subject rights (e.g. information requests) regarding the data processed by Facebook directly with Facebook. If you assert the data subject rights with us, we are obliged to forward them to Facebook.

Data transfer to the USA is based on the European Commission’s standard contractual clauses. Details can be found at: https://www.facebook.com/legal/controller_addendum, https://www.facebook.com/help/566994660333381 and https://www.facebook.com/policy.php.

For more information, please see Facebook's Terms of Service and Privacy Policy. You can find them at: https://www.facebook.com/privacy/policy/ and https://www.facebook.com/legal/terms/.

Login with Google

You can log in to this website with your Google account. The provider of this service is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

To log in with Google, all you need to do is enter your Google name and password. Google will identify you and confirm your identity on our website.

When you sign in with Google, we may be able to use certain information on your account to complete your profile with us. You decide whether and what information this is as part of your Google security settings, which you can find here: https://myaccount.google.com/security and https://myaccount.google.com/permissions.

Logging in or registering with your Google account and the associated data-processing operations are based on your consent (Art. 6 (1) (a) GDPR. This consent is voluntary. You can withdraw your consent at any time with effect for the future.

Login with Apple

You can log in to this website with your Apple account. If you make use of this option, we will receive the data (e.g. email address, name) required for the registration or login from Apple Inc., One Apple Park Way, Cupertino, California, USA, 95014 ("Apple").

To sign in with Apple, all you need to do is enter your Apple ID and password. Apple will identify you and confirm your identity on our website.

For more information about the purpose and scope of the collection and the further processing and use of your data by Apple, as well as your rights and settings options for protecting your data, please refer to Apple's privacy policy: https://www.apple.com//privacy/.

Logging in with your Apple account and the associated data processing operations are based on your consent (Art. 6 (1) (a) GDPR. This consent is voluntary. You can withdraw your consent at any time with effect for the future.

6. Direct advertising

We process the contact details you provide when registering for the CHARGE NOW service, in particular your e-mail address, for the purpose of sending you information about DCS's own similar services or products. The information will be sent to you via the email address provided to us or in the CHARGE NOW app.

The legal basis for the processing is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest in this case is to inform you about our own similar services to the service you are already using. Based on the contractual relationship that exists between you and us and the information we provide to you in this privacy policy, we assume that the information we provide to you is of interest to you.

Right to object

You can object to the processing of your personal data on the basis of Art. 6 para. 1 sentence 1 lit. f GDPR at any time. To do this, either unsubscribe in your account settings or by clicking on the unsubscribe link in the product recommendation emails. For technical reasons, your objection will take effect after 72 hours at the latest.

7. Advertising communication and market research

If you have given your consent, your personal data may be used in accordance with the scope described in the respective consent, for example for advertising purposes and/or market research, and may be passed on to third parties.

The legal basis for the processing is your freely given consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR. You can withdraw your consent at any time with effect for the future. To do this, either unsubscribe in your account settings or by clicking on the unsubscribe link in the product recommendation emails. For technical reasons, the withdrawal of consent becomes effective after 72 hours at the latest. The legality of the data processing already carried out remains unaffected by the withdrawal of consent.

8. Product improvement

Purposes and legal basis of data processing

For the purpose of product improvement, we occasionally conduct polls, customer surveys and similar activities. If you participate in such an action, we will process your responses and, if applicable, other personal data with which you can be identified, such as the customer support ticket ID, in order to improve our products and services.

The legal basis for the processing is our legitimate interest in the continuous improvement and further development of our products and services in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. Depending on the type of survey, data processing can also be based on a separate consent obtained from you in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.

Right to object

Right of revocation

Insofar as data processing is based on your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, you have the right to revoke this consent at any time with effect for the future. To exercise your right of revocation, please contact either dataprotection@digitalchargingsolutions.com or the address above. The legality of the data processing already carried out is not affected by the withdrawal of consent.

9. Reach measurement

Purposes and legal basis of data processing

On this website, we use a web analytics service to analyse the use and reach of our website. The statistics obtained enable us to improve our offer and make it more interesting for you as a user. The information collected about the use of this website is stored on our server. We also collect various log files, such as referrers, browsers used and operating systems, and can measure whether our website visitors perform certain actions (e.g. clicks).

The legal basis for the use of the web analytics service is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest here is to carry out a reach measurement in order to optimise our website.

Right of objection

You can object to the processing of your personal data on the basis of Art. 6 para. 1 sentence 1 lit. f GDPR at any time. You can exercise your right to object at any time by clicking on "Privacy settings" at the bottom of the website.

10. Facebook Pixel

Purpose and legal basis of data processing

Our website uses the "Facebook Pixel" web analytics service provided by Meta Platforms Ireland Ltd ("Meta"). By integrating Facebook Pixel on our website, we can display our advertising campaigns ("Facebook Ads") to users of our website and the social network Facebook and measure and evaluate their success ("conversion tracking"). This connection between Facebook and our website is technically implemented via Facebook Pixel. Furthermore, the data collected helps to ensure you are shown interest-based advertisements for our offers on your Facebook or Instagram account (retargeting).

The legal basis for the processing of your data is your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.

Responsibilities

Facebook Pixel is one of the Facebook Business Tools. In the context of the processing of personal data by Facebook Business Tools, several responsibilities must be distinguished:

Digital Charging Solutions' own responsibility with Meta as processor

With regard to the processing of personal information contained in Business Tool data for the purpose of providing comparison, measurement and analysis services, Digital Charging Solutions is the controller and Meta is the processor within the meaning of the GDPR. For the purpose of commissioned processing, Digital Charging Solutions and Meta have agreed on the data processing terms in accordance with the Facebook Business Tools Terms.

The legal basis for the processing of your personal data by Digital Charging Solutions in this respect is your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.

Joint controllership of Digital Charging Solutions and Meta

With regard to the processing of event data related to Facebook Business Tools integrated on Digital Charging Solutions' websites and apps, Digital Charging Solutions and Meta are joint controllers within the meaning of Art. 26 GDPR. The joint controllership includes the collection of personal data through Facebook Business Tools and its subsequent transfer to Meta for use in targeting ads or delivering commercial and transactional messages. Within the framework of joint controllership, the following personal data in particular are transmitted to Meta:

HTTP header information such as information about the web browser or app used (e.g. user agent, country-specific/language setting)
Information on standard/optional events such as "page view" or "app installation", other object properties as well as buttons clicked by visitors to the website, in each case according to the configuration of the Business Tool
Online identifiers such as IP addresses and, where provided, FB-related identifiers or device IDs (such mobile advertising IDs), as well as information on the status of disabled/limited ad tracking

The processing of personal data in joint controllership is subject to the Controller Addendum under the Facebook Business Tools Terms. In accordance with the Controller Addendum, Meta is a joint controller of the joint processing. The information required in accordance with Art. 13 (1) (a) and (b) GDPR is available in Meta's privacy policy at https://www.facebook.com/about/privacy. The use of Meta's products and the purposes for which personal data is collected and transmitted are in accordance with the respective product terms and conditions. Further information on how Meta processes personal data, including the legal basis on which Meta relies and information on the data subject rights that may be asserted against Meta is available in the privacy policy at https://www.facebook.com/about/privacy.

The legal basis for the processing of your personal data by Digital Charging Solutions in this respect is your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR. For the legal basis for Meta's processing of personal data, please refer to Meta's privacy policy, available at https://www.facebook.com/about/privacy

Digital Charging Solutions' and Meta's own responsibility

For any further processing of personal data by Facebook Pixel that does not fall under the aforementioned categories, Digital Charging Solutions and Meta are independent data controllers in the sense of Art. 4 (7) GDPR.

The legal basis for the processing of your personal data by Digital Charging Solutions in this respect is your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR. For the legal basis for the processing of personal data by Meta, please refer to Meta's privacy policy, available at https://www.facebook.com/about/privacy.

Right to object

You can withdraw your consent at any time with effect for the future. The easiest way to withdraw your consent is to use the privacy settings in the footer of the website. The legality of the data processing already carried out remains unaffected by the withdrawal of consent.

Information on data processing by Meta

Further information on data processing by Meta is available at Meta Platforms Inc., 1 Hacker Way, Menlo Park, California 94025, USA; privacy policy: www.facebook.com/about/privacy.

11. Google Floodlight Tag

Purpose and legal basis of data processing

Our website uses the "Floodlight Tag" tool, a Google Campaign Manager product. The company Google Ireland Ltd ("Google") is responsible for all Google services for the European area. The integration of the Floodlight Tag enables us to display advertising campaigns and to measure and evaluate the success ("conversion tracking").

The legal basis for the processing of your data is your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.

Right to object

You can withdraw your consent at any time with effect for the future. The easiest way to withdraw your consent is via the privacy settings in the footer of the website. The legality of the data processing already carried out remains unaffected by the withdrawal of consent.

12. Google Ads

Purposes and legal bases of the processing

We use the online advertising programme "Google Ads" of Google Ireland Limited (Google), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Ads allows us to display advertisements in the Google search engine or on third-party websites when the user enters certain search terms in the search engine (‘keyword targeting’). In addition, targeted advertisements can be displayed using Google Ads together with the user's other data at Google (so-called target group targeting). As the website operator, we can evaluate this data quantitatively by analysing, for example, which search terms led to our advertisements being displayed and how many advertisements led to corresponding clicks.

The legal basis for our use of the Google Ads service is your voluntarily given consent.

Transfer to a third country

Insofar as personal data is transferred to Google LLC servers in the USA and stored and further processed there, the legal basis for transferring data to third countries is the EU Commission's Adequacy Decision for the USA. This certifies that the USA has data protection equivalent to the EEA standard. For more information, see: https://business.safety.google/adsprocessorterms/?sjid=9489651486150377534-EU.

Right of withdrawal

13. Subcontractors and data transfer to third countries

In individual cases, your personal data may be transferred to third parties. These are companies in the categories of IT services, logistics, telecommunications, consulting, sales, marketing, customer support and dunning. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Some third countries are certified by the European Commission as having data protection comparable to the EEA standard through so-called adequacy decisions. However, in other third countries to which personal data may be transferred, there may not be a uniformly high level of data protection due to the lack of legal regulations. If this is the case, we ensure that data protection is adequately guaranteed. This is possible through binding company rules, standard contractual clauses issued by the European Commission, certificates or recognised codes of conduct. In addition, the transfer of data outside the European Economic Area (EEA) is based on your consent in accordance with Art. 49 para. 1 sentence 1 lit. a GDPR, provided you have given this consent in advance. Please contact us if you would like further information on this.

IV. Storage period

Unless otherwise stated in this privacy policy, we process and store your personal data initially for the period of time required by the respective purpose of use (see above for the individual processing purposes). If applicable, this also includes the periods of the initiation of a contract (pre-contractual legal relationship) and the execution of a contract. On this basis, personal data will be regularly deleted as part of the fulfilment of our contractual and/or legal obligations, unless their temporary further processing is necessary for the following purposes:

Fulfilment of legal storage obligations, e.g. arising from the German Commercial Code (§§ 238, 257 para. 4 HGB) and the German Fiscal Code (§ 147 para. 3, 4 AO). The time limits specified therein for storage and documentation are up to ten years.
Preservation of evidence, taking into account the statute of limitations. According to §§ 194 et seq. of the German Civil Code (BGB), these limitation periods can be up to 30 years, with the regular limitation period being three years.

V. No automated decision making (including profiling)

The personal data collected from you will not be used for any automated decision-making process (including profiling).

VI. Your rights

You can exercise your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided at the beginning of this document (II.). As a data subject, you have the right:

to request information about your data processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, to erasure, to restrict processing, to object or to lodge a complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;
to request the correction of incorrect data or the completion of data about you stored by us without undue delay in accordance with Art. 16 GDPR;
to request the deletion of your data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims in accordance with Art. 17 GDPR;
to request the restriction of the processing of your data in accordance with Art. 18 GDPR, insofar as the accuracy of the data is disputed by you or the processing is unlawful;
to receive the data you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller ("data portability") in accordance with Art. 20 GDPR;
to complain to a data protection authority about the processing of your personal data in our company in accordance with Art. 77 GDPR, such as the data protection authority responsible for us: Berlin Commissioner for Data Protection and Freedom of Information, e-mail: mailbox@datenschutz-berlin.de.

VII. Obligation to provide data

In principle, you are not obliged to provide us with your personal data. However, if you do not do this, we will not be able to provide you with full access to our website or respond to your enquiries.

[As of: September 2023]