Information on the processing of personal data (Articles 13 and 14 Reg. EU 2016/679, GDPR)
With this information, made in accordance with the so-called GDPR, i.e. Regulation (EU) 2016/679 (hereinafter “Regulation” or “GDPR”), Innovationclub describes the methods of processing the personal data of users (“Data Subjects”) who consult and use the Chargecar.com mobile application (“App”). It does not concern other external online sites or services that may be reached through links or features in the App.
1. WHO IS THE DATA CONTROLLER?
The Data Controller is Innovationclub S.r.l., P.I. 03945110363, with registered office in Modena, Via Emilia Est n. 776/6, 41125, PEC: email@example.com; e-mail: info@Chargecar.com (“Data Controller”).
2. WHAT DATA DO WE PROCESS?
1. Navigation data
Some personal data whose transmission is implicit during website navigation and the use of mobile applications are acquired by computer systems that allow them to function. Even if this information is not collected to be associated with identified data subjects, it could allow users to be identified by its very nature and through processing and association with data held by third parties. For example, this data includes the IP addresses or domain names of the computers used by users connecting to the App, the URL addresses of the requested resources, the time of the request, the method used in submitting the request to the server, the size of the file obtained in response, the numeric code indicating the status of the response given by the server and other parameters related to the operating system and to the browser operated by the user.
2. Data communicated by the user (contacts and assistance)
a. Contacts: through the form on the App.
b. From the App: by clicking on the email address info@Chargecar.com that incorporates a “mailto:” link.
3. Data provided voluntarily by the user (access and registration to the account)
You can create a personal account by filling out the form on the App.
For registration and access to the reserved area, an e-mail address and password are required; additional data, such as payment details, contact details (telephone), identification data and data relating to charging or search operations carried out through the App may be requested and/or saved on your personal account even at later times to allow correct use of the services.
You can always manage your information, either directly from your account, by deciding which information to keep and which to change, or by making a specific request to the Data Controller.
4. Data provided by the user for recharging at the participating stations
To charge vehicles at participating charging stations and access ancillary services, registration is always required (with an email address and password) and a valid payment method must be indicated.
To carry out these operations, the Data Controller makes use of external partners, in particular, for the identification and information relating to participating charging stations, for the management of the payment platform for transactions relating to recharges made using the App and for sending notifications to users. For more information, you can contact the owner at the email address info@Chargecar.com.
Data relating to recharges and payments made by the user will be transmitted and stored at the relevant charging stations used by the user to provide correct service: these subjects will process the data as independent data controllers.
The data communicated by the user to use these services may be saved on his/her personal account to facilitate the procedure in case of subsequent requests, but may always be deleted at the user’s request.
5. Geolocation data for the search of charging stations
The user can activate a search function of participating charging stations through the App, choosing whether to display them on a map or activate a search filter based on location. To this end, the user will be asked, through a specific pop-up, to allow the App to access the geolocation data necessary for the operation of this service. The user can always refuse and/or deactivate this feature even at a later time, through the specific settings of their device; in this case, the user can still use the search service by manually entering the area of interest.
If the user activates the navigation function to reach the selected charging station through the App, the services provided by Google Inc. through the Google Maps function will be used. For more information, the user is invited to read the information made available by the supplier at the following link https://policies.google.com/technologies/product-privacy?hl=en. This function is also optional and activated only at the express request of the user.
6. Data for sending commercial communications
Innovationclub promotional communications are sent to those who provide express consent, authorizing Innovationclub and/or its selected business partners to process their personal data for this purpose.
Consent: The service is provided only after explicit and unequivocal consent is given by the user (issued by checking the appropriate box). Any refusal will result in the impossibility of using the service, without further consequences.
Purpose: Personal data provided by users (email address) will only be used to send promotional messages and will not be disclosed to third parties, except with the express consent of the data subject.
Method of treatment: The data collected will be processed with computer tools, that may be partially automated.
To cancel service: in order to stop receiving promotional and commercial communications, simply select the link for cancellation at the bottom of each e-mail or send a specific request to the e-mail address: info@Chargecar.com. Data cancellation is handled in an automated manner so that further communications may be received for a period directly following the request, which will be no later than 72 hours from the request for cancellation, the sending of which had been planned before the cancellation request was received.
7. Data for sending soft-spam communications
The personal data (in particular, e-mail address) provided by the User when using the services offered through the App may also be used to send communications via e-mail relating to services similar to those already purchased by the User, pursuant to art. 130, paragraph 4, of Legislative Decree 196/2003, art 6, letter f of GDPR, without the need for express and prior consent (so-called soft spam). In any communication, in any case, the user is reminded that he/she can revoke consent at any time and without formalities. The data is deleted at the request of the interested party.
3. HOW LONG WILL WE RETAIN YOUR DATA?
1. deletes the navigation data (par. 1.1) immediately after processing, since this data is only used to obtain anonymous statistical information on the use of the App and to check its correct operation. The data could be used to ascertain responsibility in the event of hypothetical computer crimes against the App: except for this possibility, at present the data on web contacts do not remain for more than seven days;
2. keeps the data communicated by the user (contacts and assistance) (par. 1.2) for the period necessary for the fulfillment of the request and according to what is allowed by current legislation;
3. retains the data provided voluntarily by the user (registration and access to the account) (par. 1.3) until the request for deactivation and cancellation of the account by the user or until the service is provided;
4. retains the data provided by the user for the recharging (payment data, refueling stations used, recharged kw) (par. 1.4) for a period of 13 months on the App and, internally, for the period required by the reference regulations on invoicing and internal storage;
5. retains geolocation data for the search of charging stations (par. 1.5) for the time in which the function is active and, if requested by the user, in the history of his/her personal account. With regard to the storage of this information by Google Maps service, the user is invited to read the information provided by Google Inc. and follow the related instructions to change the settings: https://policies.google.com/technologies/product-privacy?hl=en.
6. retains the data for sending commercial communications (par. 1.6) until the request for cancellation by the user or, in any case, for a maximum period of two years from the acquisition of consent;
7. retains the data for sending soft-spam communications (par. 1.7) for the period allowed according to current legislation or until your request for cancellation from the mailing list.
4. WHY WILL WE RETAIN YOUR DATA?
The purpose of data processing is:
1. for paragraph 1.1, navigation data; make the App usable and secure;
2. for paragraph 1.2, data communicated by the user (contacts and assistance); satisfy or respond to requests addressed by the interested party to Innovationclub;
3. for paragraph 1.3, data provided voluntarily by the user (registration and access to the account); allow the user to create a personal page on the App, in which to keep their documents and verify the history of the operations carried out;
4. for paragraph 1.4, data provided by the user for recharging at the participating service stations; allow the charging stations to connect to the user’s devices for unlocking dispensers, recharging and payment of the service in favor of the supplying station;
5. for paragraph 1.5, geolocation data for the search of charging stations; allow the user to identify the location of available participating charging stations based on the distance from the location of the user’s device and, if requested, provide road directions to reach the selected one (through the function provided by the Google Maps service);
6. for paragraph 1.6, data for sending commercial communications; sending communications for marketing purposes to the user;
7. For paragraph 1.7, data for sending soft-spam communications; send commercial communications relating to services similar to those already used.
5. ON WHAT LEGAL BASIS WILL WE PROCESS YOUR DATA?
The legal basis is:
1. for paragraph 1.1, navigation data; the legitimate interest of the Data Controller in the security of the App and the information contained therein;
2. for paragraph 1.2, data communicated by the user (contacts and assistance); service performance requested by the interested party;
3. for paragraph 1.3, data provided voluntarily by the user (registration and access to the account); provide the service requested by the user;
4. for paragraph 1.4, data provided by the user for recharging at participating service stations; the provision of services requested by the user;
5. for paragraph 1.5, geolocation data for the search of charging stations; the provision of services requested by the user;
6. for paragraph 1.6, data for sending commercial communications; express and specific consent provided by the user;
7. for paragraph 1.7, data for sending soft-spam communications; the legitimate interest of the Data Controller in sending communications regarding services similar to those already requested by the user.
6. WHAT ARE THE REQUESTS FOR ACCESS TO THE DEVICE BY THE APP?
Access to the following device features will be required for the Application to function properly:
a) Request for access to the Internet: allows the App to connect to the Internet, to allow its correct operation. Innovationclub will not process any data related to the network. However, data may be processed by the Internet connectivity service provider, also on the basis of the authorizations provided by the user for use of this service. In this sense, the user is invited to check the conditions of the provider of this service, a third party and completely independent from Innovationclub;
b) Request for access to the device location: allows the App to locate the device and indicate to the user the closest charging stations, among those agreed with the App, to carry out the requested operations. Innovationclub will not process any data related to the position of the user. However, data may be processed by the map service provider, also on the basis of the authorizations provided by the user for use of this service. In this sense, the user is invited to check the conditions of the provider of this service, a third party and completely independent from Innovationclub;
c) Request for access to the “Google Maps” navigation function: allows the user to activate the navigation service provided by Google Inc. to have the road directions to reach the selected charging station. Also in this case, Innovationclub will not process any data related to the routes that may be taken by the user. However, data may be processed by the call connectivity service provider, also on the basis of the authorizations provided by the user for use of this service. In this sense, the user is invited to check the conditions of the provider of this service, a third party and completely independent from Innovationclub: https://policies.google.com/technologies/product-privacy?hl=en;
d) Request for access to the “camera” function: allows the user to frame and transmit the QR Codes to the App that identify the participating charging stations and start the procedure for selecting and using the dispensers available for charging. Innovationclub will never have access to or process any data related to the gallery and/or the images on the user’s device. The camera function will be activated on the impulse of the users and only for the duration of use by the users themselves. Before accessing the feature, users will see the following prompt: “Chargecar.com requires camera access to enable quick identification of columns via QR code.”
7. WHO ARE THE RECIPIENTS OF THE DATA?
The collected personal data is processed by the subjects authorized by the Data Controller, who act on the basis of specific instructions provided regarding the purposes and methods of processing. In addition, the subjects providing services to the Data Controller are designated Data Processors.
To carry out charging operations, user data must be communicated to the operators of the charging stations selected and used by the user.
In addition, for correct operation of the services available through the App, the owner makes use of the following subjects:
– Nexi Payments S.p.A., Corso Sempione 55, 20149 Milan (Italy), https://www.nexi.it/privacy.html, e-mail of the DPO@nexi.it; for management of the payment platform for transactions relating to recharges made using the App;
– Google Inc., https://policies.google.com/technologies/product-privacy?hl=en. for Google Maps and navigation services, as well as for Google Firebase service, for sending notifications to users, https://firebase.google.com/support/privacy.
Users’ data will not be transferred to third parties in any case, except when the nature of the services rendered so requires, or when, by virtue of a legal obligation or in the presence of a legitimate interest, Innovationclub has the need to communicate it to the competent courts or supervisory authorities.
8. WHERE IS THE DATA?
The data processed by Innovationclub resides on servers located within the Italian territory. If the services requested by the user require communication with suppliers located in non-European countries (as in the case of Google Inc.), personal data may also reside on servers located in third-party countries, but it will always in compliance with the provisions of articles 45 et seq. of the GDPR. Therefore, all the necessary precautions will be taken in order to guarantee the fullest protection of personal data based on such transfer: a) on adequacy decisions of the recipient third countries expressed by the European Commission; b) on adequate guarantees expressed by the recipient third party pursuant to art. 46 of the Regulation; c) on the adoption of binding company rules, so-called Corporate binding rules. These requirements are always guaranteed by the service providers of Innovationclub.
9. LINKS TO THIRD PARTY SITES AND SOCIAL NETWORKS
The App may contain links to and from our partners’ websites, as well as to advertisers and social networks. Please note that the Data Controller does not assume any responsibility for personal data that may be collected through these sites, as well as for the use of the related services. If the user follows a link to any of these websites, he/she is invited to consult the Privacy policies provided by each external party with respect to the App.
10. WHAT RIGHTS DO YOU HAVE?
Innovationclub guarantees that each data subject can exercise the rights provided by the GDPR in relation to data processing, at any time.
More specifically, each data subject has the right:
– to access, i.e. to know whether or not the Data Controller processes personal data and, if so, to access it in full, including the possibility of obtaining a copy (Article 15 of the GDPR),
– to correct inaccurate personal data or integrate it where incomplete (Article 16 of the GDPR);
– to delete personal data (right to be forgotten) in the cases provided for by Article 17 of the GDPR;
– to limit processing in the cases provided for by art. 18 GDPR;
– to data portability, i.e. to request and receive the personal data processed by the Data Controller, in a structured, commonly used and machine-readable format, and to request, where technically feasible, the transmission of processed personal data to another data controller without impediments (Article 20 of the GDPR);
– to oppose data processing for direct marketing purposes (art. 21 GDPR).
These rights can be exercised by notifying the Data Controller (whose addresses are indicated in paragraph 1); any models and more information are also available here: https://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/1089924.
Furthermore, data subjects who believe that the processing of personal data relating to them carried out through this App takes place in violation of the provisions of the Regulation have the right to lodge a complaint with the supervisory authority (for Italy, the Guarantor for the protection of personal data: www.garanteprivacy.it), as provided for by art. 77 GDPR, or to act before the ordinary judicial authority (art. 79 GDPR).
More information and a sample document to be used for the complaint are available here: https://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/4535524.