Data protection information charge@schwarz company car drivers

Schwarz Group employees who own an e-vehicle as a company car can charge their company cars at Schwarz's own charging stations throughout Germany. To ensure that the charging stations are not freely accessible to everyone, the charge@schwarz app (hereinafter referred to as the app) is used to identify the employee and enable charging and billing to the employer company.

The following data protection information provides information on the type and scope of processing by the controller(s); in some cases also under joint responsibility (see section 7 below). Personal data is information that is or can be directly or indirectly assigned to your person. In particular, the General Data Protection Regulation (GDPR) serves as the legal basis for data protection.

Version 1.0

 

1. download the app from the respective app store

When downloading the app, the following in particular are automatically

  • User name in the App Store
  • the e-mail address stored in the App Store
  • Customer number of your App Store account,
  • Time of the download,
  • payment information and
  • the individual device identification number.
     

We have no influence on this data collection and are not responsible for it. Further information on this data processing can be found in the privacy policies of the respective app store operators:

 

 

2. use of the app

2.1 Purposes and legal basis of data processing
When you use our app, we automatically and without your intervention:

  • the type of mobile device from which you start our app
  • the IP address of your mobile device
  • the date and time of access
  • the client's request,
  • the http response code,
  • the amount of data transferred and
  • the app version used

to our servers and temporarily stored in a so-called log file for the following purposes:

  • Protection of our systems,
  • Error analysis,
  • Prevention of abusive or fraudulent behavior.

The legal basis for the processing of the IP address and the other data mentioned above is Art. 6 para.

2.2 Recipients/categories of recipients
In exceptional cases, your personal data may be accessible to Chargepoint Austria GmbH, Salzburger Straße 20, 5550 Radstadt, Austria, for service, support and maintenance purposes, as our app is hosted and technically maintained by this service provider.

2.3 Storage period
The data is stored for a period of fourteen days and then automatically deleted.

 

3. charge@black user account

3.1 Purposes and legal basis of data processing
In order to provide you with the greatest possible convenience during the charging process, your personal data is automatically stored in a password-protected user account if you drive an electric company car. We receive your personal data from Schwarz Mobility Solutions GmbH, Stiftsbergstraße 1, 74172 Neckarsulm (hereinafter referred to as SMS) and your employer company. You will also receive a welcome email with the information you need to use the free charging service.

After setting up this user account, you do not need to re-enter your personal data for the loading process. When you log in for the first time, you will be provided with an initial password, which you must change when you log in for the first time. In addition, you can view and change the personal data stored in your user account at any time and track charging processes that have already been carried out.

The legal basis for the above-mentioned data processing is Art. 6 para. 1 lit. f) GDPR, i.e. we process your data on the basis of a legitimate interest. The legitimate interest for the user data is to enable the use of the charge@schwarz app and the associated legitimization for the free use of the charging stations.

You can object to data storage in the app at any time. To do so, please contact the following e-mail address: charge@mail.schwarz. Your personal data will then be deleted. In this case, you will not be able to use the app or charge at the charging stations.

3.2 Recipients/categories of recipients
In exceptional cases, your personal data may be accessible to Chargepoint Austria GmbH, Salzburger Straße 20, 5550 Radstadt, Austria, for service, support and maintenance purposes, as our app is hosted and technically maintained by this service provider.

In addition, your data may be accessible to Schwarz IT KG, Stiftsbergstraße 1, 74172 Neckarsulm, Germany, for the aforementioned purposes.

3.3 Storage period
You can delete your user account yourself at any time. As soon as you initiate the deletion of your charge@schwarz account or leave the Schwarz Group, your data that is no longer required will be deleted. Charge data must be stored for 12 years on the basis of tax law obligations. Therefore, your name, your employer company and your charge amount will continue to be stored for this period.

 

4. charging station search

4.1 Purposes and legal basis of data processing
You can use the "Charging station search" function in our app to display our charging stations on a map of the surrounding area and calculate routes to selected charging stations. If you have agreed to geolocalization via the "Allow authorization" dialog when using our app or in the settings of your mobile device, we will use your location data as part of the "Charging station search" function in order to be able to offer you individual services based on your current location.

iOS: Our app uses an interface of the map service "Apple Maps", a service of Apple Inc, One Apple Park Way, CA 95014, USA ("Apple"), to show you the locations of the charging stations on a map of the surrounding area. We do not transmit any personal data about you or your use of the app to Apple. Further information about Apple Maps can be found in Apple's terms of use and privacy policy.

Android: Our app uses an interface of the map service "Google Maps", a service of Google LLC, 1600 Amphitheatre Parkway, CA 94043 Mountainview, USA ("Google"), to show you the locations of the charging stations on a map of the surrounding area. We do not transmit any personal data about you or your use of the app to Google. Further information about Google Maps can be found in Google's terms of use and privacy policy.

The legal basis for the processing of your location data is your consent in accordance with Art. 6 para. 1 lit. a) GDPR. You can revoke your consent at any time via the location permissions of your end device. In this case, you will no longer be able to use the charging station search.

4.2 Recipients/categories of recipients
In exceptional cases, your personal data may be accessible to Chargepoint Austria GmbH, Salzburger Straße 20, 5550 Radstadt, Austria, for service, support and maintenance purposes, as our app is hosted and technically maintained by this service provider.

4.3 Storage period
Your location data is not stored on our servers and is not processed further, regardless of the function described above.

 

5. processing/billing and analysis of charging processes

5.1 Purposes and legal basis of data processing
To start the charging process at one of our charging stations, you must log in to the corresponding charging station with the app and start the charging process. During the charging process, in addition to the general data on the status of the charging station, the following data is processed with reference to your customer ID for billing purposes:

  • Date of the charging process,
  • Charging quantity (kWh),
  • Charging power (kW),
  • Start of the charging process (time),
  • End of the charging process (time),
  • Type of charging plug used.

In order to be able to ensure billing, we also process information about your employer company. The legal basis for this data processing is Art. 6 para. 1 lit. f) GDPR. The legitimate interest lies in the correct billing of electricity costs to your employer company.

In order to be able to carry out a plausibility check as part of the free use of the charging stations, the data listed under point 5 is transmitted to SMS as part of a report. The legal basis for this data processing is Art. 6 para. 1 lit. f) GDPR. The legitimate interest is in the interest of third parties, namely the interest of your employer company and SMS in detecting misuse of free charging options.

5.2 Recipients/categories of recipients
For billing purposes, we transmit the amount you have charged, including your name, to your employer company every month.

In exceptional cases, your personal data may be accessible to Chargepoint Austria GmbH, Salzburger Straße 20, 5550 Radstadt, Austria, for service, support and maintenance purposes, as our app is hosted and technically maintained by this service provider.

In addition, other companies of the Schwarz Group may be used to support the billing process. In addition, SMS receives the data in the form of reports to check whether the free charging options have been misused.

5.3 Storage period
After these periods have expired, we retain the information required under commercial and tax law relating to the contractual relationship for the periods specified by law. For this period (at least ten years from the conclusion of the contract), the data is processed again solely in the event of a review by the tax authorities and in the event of customer inquiries. Due to internal processes, we therefore retain the relevant data for 12 years.

 

6. customer service

6.1 Purposes and legal basis of data processing
Personal data that you provide to us when filling out contact forms, by telephone or by e-mail when contacting our customer service will, of course, be treated confidentially. We use your data to process your request. The legal basis for data processing is Art. 6 para. 1 lit. f) GDPR. Our and your concurrent (legitimate) interest in this data processing arises from the aim of answering your inquiries, solving any problems you may have and thus maintaining and promoting your satisfaction as a user of our website.

6.2 Recipients/categories of recipients
When using our telephone customer service, your personal data is accessible to audius GmbH, Schlossdomäne Monrepos 6, 1634 Ludwigsburg, Germany, as they operate the customer hotline on our behalf.

6.3 Storage period
All personal data that you send us in response to inquiries (suggestions, praise or criticism) will be deleted or anonymized by us no later than 90 days after the final answer has been given. Experience has shown that, as a rule, there are no more queries about our responses after 90 days. If you assert your rights as a data subject (see below), your personal data will be stored for three years after the final response to prove that we have provided you with comprehensive information and that the legal requirements have been met.

 

7. responsibility

In the case of the following locations, the data processing listed above is carried out by Schwarz Immobilien Service GmbH & Co. KG, Stiftsbergstraße 1, 74172 Neckarsulm (hereinafter referred to as SIS).

  • Administrative location Stiftsberg (Stiftsbergstr. 1, Neckarsulm)
  • Schwarz IT administrative site in Weinsberg
  • Lidl Dienstleistung GmbH & Co. KG in Bad Wimpfen
  • Administrative location Kaufland Dienstleistung GmbH & Co. KG in Neckarsulm
  • Administrative location Kaufland Stiftung & Co. KG in Heilbronn
  • Administrative location SMS in Ellhofen
  • SBES administrative location in Heilbronn
  • Administrative location Rötelstr. 36, Neckarsulm
  • Administrative location Hans-Sachs-Str. 2-4, Heilbronn
  • Administrative location Oststr. 123-125, Heilbronn
  • Administrative location Schönbeinstr. 5, Heilbronn
  • Administrative location Großgartacherstr. 61, Heilbronn
  • Administrative location Dieselstr. 12, Heilbronn
  • Administrative location Flugplatz, Schwäbisch Hall
  • Administrative site at the airfield, Oedheim

In addition, the charging stations at other locations are operated by other companies. These companies are jointly responsible with SIS for their respective charging stations in accordance with Art. 26 GDPR. The exact operating company and therefore the responsible body is the respective operating company of the location where you charge your electric company car.

 

Further information on Art. 26 GDPR

As SIS and the respective operating company (local operating company) are each responsible for the process and carry it out jointly, they are jointly responsible for the protection of your personal data (Art. 26 GDPR).

As part of their joint responsibility, the aforementioned companies have agreed who fulfills which obligations under the GDPR. This applies in particular to the fulfillment of the rights of the data subjects and the information obligations pursuant to Art. 13 and 14 GDPR.

Process section
of data processing
Duty Fulfillment
of duties by
Information obligations acc.
Art. 13, 14 GDPR
SIS
SurveySIS
StorageSIS
TransmissionBoth companies
UtilizationBoth companies
ChangeSIS
BlockingSIS
DeletionBoth companies
Duty to provide information acc.
Art. 15 GDPR
Both companies

Even if there is joint responsibility, the parties fulfill the data protection obligations according to their respective responsibilities for the individual process stages as follows:

In the context of joint controllership, each company is responsible in accordance with the table above. SIS shall make the information required under Art. 13, 14 GDPR available to the data subjects free of charge in a precise, transparent, comprehensible and easily accessible form in clear and simple language.

The companies shall inform each other immediately of any legal positions asserted by data subjects. They shall provide each other with all information necessary to respond to requests for information. Data protection rights can be asserted with both participating companies.

 

8. Your rights as a data subject

You have the right to request information about the personal data stored about you by the controller free of charge in accordance with Art. 15 (1) GDPR.

In addition, if the legal requirements are met, you have the right to rectification (Art. 16 GDPR), erasure (Art. 17 GDPR) and restriction of processing (Art. 18 GDPR) of your personal data.

If the data processing is based on Art. 6 para. 1 lit. e) or f) GDPR, you have the right to object in accordance with Art. 21 GDPR. If you object to data processing, this will not take place in future unless the controller can demonstrate compelling legitimate grounds for further processing which override the interests of the data subject in objecting.

If you have provided the processed data yourself, you have the right to data portability in accordance with Art. 20 GDPR.

If the data processing is based on consent in accordance with Art. 6 para. 1 lit. a) or Art. 9 para. 2 lit. a) GDPR, you can revoke your consent at any time with effect for the future without affecting the legality of the previous processing.

Please contact the data protection officer in writing or by email in the aforementioned cases, if you have any unanswered questions or in the event of complaints. You also have the right to lodge a complaint with a data protection supervisory authority. The data protection supervisory authority of the federal state in which you live or in which the controller has its registered office is responsible.

 

9. name and contact details of the controller and contact details of the company data protection officer

If you have any further questions about the processing of your data or the exercise of your rights, you can contact the responsible data protection officer at the controller:

You can reach the SIS data protection officer at

Schwarz Immobilien Services GmbH & Co. KG
- Data Protection Officer -
Stiftsbergstraße 1
74172 Neckarsulm
E-mail: datenschutz@mail.schwarz

 

You can contact the data protection officer of the respective operating company at:

datenschutz süd GmbH
- Keyword: Schwarz Group -
Wörthstraße 15
97082 Würzburg
E-Mail: lidl@datenschutz-sued.de or
kaufland@datenschutz-sued.de

 

Terms of use for charge@schwarz app and charging points

Status: 20.02.2023

1. scope of application; authorized users of the charging points

1.1 These Terms of Use apply to the use of the charge@schwarz app ("App") for charging at charging points of Schwarz Immobilien Service GmbH & Co. KG, Stiftsbergstraße 1, 74172 Neckarsulm ("SIS") using the associated parking spaces.

1.2 The use of the app is limited to the charging of electrically powered vehicles that have been provided to employees of Schwarz Group companies authorized to use company vehicles by Schwarz Mobility Solutions GmbH, Stiftsbergstraße 1, 74172 Neckarsulm ("SMS"). Electrically powered vehicles are vehicles within the meaning of § 2 No. 1 of the Charging Station Ordinance (LSV) in its currently valid version (available at https://www.gesetze-im-internet.de/lsv/index.html).

 

2. registration

2. 1 The charging points can be used via the app. In order to use the app and the SIS charging points, the user of the app ("user") must create a user account in the app.

2.2 After ordering an electrically powered vehicle from SMS, the user receives automated access to the app. SIS sends the user an e-mail with the access data to the professional e-mail address ("offer"). The user accepts the offer for registration by logging in with the login data provided by SIS, assigning a new password and clicking on the "Login" button. The user can cancel the registration at any time before clicking on the "Register" button or change the information provided by deleting, adding to or correcting the information provided in the various fields or closing the app. After completing the registration process, the user can change the information provided in the personal user account at any time.

2.3 The installation of the app requires regular data transmission from the user's cell phone. The scope and frequency of data transmission depend on the type and scope of use. The connection costs incurred for the data transfer shall be borne by the user. Their amount depends on the existing contract between the user and the respective mobile phone provider.

2.4 The costs of setting up and maintaining an Internet connection on the user's side are not part of the SIS services. This is the sole responsibility of the contractual relationship between the user and his Internet provider.

2.5 No guarantee is given for the uninterrupted availability of the app. The accessibility of the app may be limited or completely suspended due to maintenance work or internet-related disruptions. Liability for data loss caused by technical failures that could have been avoided by regular data backups by the user, interrupted data transfers or other problems in this context is excluded.

 

3. use of the charging points

3.1 The user submits an offer to conclude a charging and usage contract with SIS by selecting the charging point in the app, either directly via the map in the app or by scanning the QR code located at the charging point, connecting the electrically powered vehicle to the charging point and clicking on the "Continue" button in the app. The offer is accepted by SIS by activating the charging point.

3.2 The use of the charging points and the associated parking spaces, in particular the electricity, is free of charge for the user.

 

4. Obligations of the user

4.1 Before connecting the electrically powered vehicle to the charging point, the user is obliged to ensure that the charging point, in particular any existing vehicle coupling, has no visible faults and/or defects and that the electrically powered vehicle is suitable for use of the charging point.

4.2 The electrically powered vehicle and the user's equipment required for the charging process, such as the user's own connection cables, must comply with the applicable statutory provisions and must not have any visible faults and/or defects that could have repercussions on the charging point. Otherwise, the electrically powered vehicle may not be connected to the charging point.

4.3 The user shall treat the access data required for the app confidentially and take appropriate measures to protect it. If the user becomes aware of the loss of their access data or that third parties have gained access to it, SIS must be informed immediately.

4.4 The German Road Traffic Regulations (StVO) apply throughout the parking lot, including the parking areas.

 

5. types of charging points; charging capacity

5.1 The charging points have either a maximum charging capacity of no more than 22 kilowatts (so-called normal charging points) or a maximum charging capacity of more than 22 kilowatts (so-called fast charging points). Either alternating current (AC) or direct current (DC) is used for the charging process. The maximum charging power and the type of current with which the electrically powered vehicle can be charged at the individual charging points can be found in the information on the respective charging point and the manufacturer's specifications for the electrically powered vehicle.

5.2 The charging capacity indicated at the charging points is exclusively a maximum value. The actual charging capacity may vary, in particular due to grid utilization, the connection usage situation, the arrangement of the charging points in the switching system, the outside temperature and the charge level and battery condition of the electrically powered vehicle. SIS therefore assumes no warranty and/or guarantee for compliance with the charging capacity at the charging points or for the success of the charging process itself.

 

 

6. interruption of the charging process; reduction of the charging power

In particular, SIS is entitled to terminate the charging process or reduce the charging capacity if
a) the electricity supply is disrupted or interrupted by the responsible grid operator in the use of the grid or connection;
b) an interruption or reduction of the charging power at the time of the charging process is necessary for other compelling technical reasons that prevent an undisturbed or uninterrupted charging process.

 

7. duration of the charging process; use of the parking space associated with the charging point

7.1 The duration of the charging process is not limited in time. The charging process begins when the charging point is activated. The charging process ends with the end of the current draw and the disconnection of the electrically powered vehicle from the charging point.

7.2 The charging point and the parking area associated with the charging point should only be used for the duration of the charging process. In order to enable other persons to use the charging point, the parking area must be vacated immediately (i.e. without culpable delay) after the end of the charging process.

 

8. suspension of benefits

8.1 SIS is entitled to suspend the use of the app in whole or in part at any time, insofar as SIS is entitled to do so due to

  • suspicion of a breach of these Terms of Use by the user or other misuse by the user,
  • a threat to the functionality, security, integrity or availability of the app or the user's content and data
  • maintenance work on the app, or
  • a mandatory statutory provision or official or court order
    deems necessary.

8.2 Any interaction with SIS that takes place via the user's user account shall be attributed to the user. This also applies if third parties have acted via the user account, if these third parties were able to use the user account due to the user's culpable conduct. The user is obliged to inform SIS immediately of any unauthorized use of the user account and to change the access data if there are indications that the user account is being used by third parties.

 

9. termination

The user relationship begins when the user account is activated and ends when the user relationship is terminated. Each party is entitled to terminate the user relationship in text form with a notice period of 14 days.

 

10. liability

10.1 SIS is not responsible for damage that the user may suffer as a result of possible voltage fluctuations, voltage losses, voltage failures and grid bottlenecks in the grid operator's grid and thus as a result of events for which the grid operator is responsible and for which SIS is not responsible. Furthermore, SIS is not responsible for damage caused by improper use of the charging point or due to a defect in the electrically powered vehicle for which SIS is not responsible. SIS shall not be liable for such damage.

10.2 In all other respects, SIS shall be liable without limitation - irrespective of the legal grounds - in the event of intent and gross negligence.

10.3 In the case of simple negligence, however, SIS shall only be liable:

  • for damages resulting from injury to life, limb or health, and
  • for damages arising from the breach of an essential contractual obligation (i.e. an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you may regularly rely); in this case, the liability of SIS is limited to compensation for the foreseeable, typically occurring damage.

10.4 The above limitation of liability pursuant to paragraph 3 shall also apply in the event of breaches of duty by or for the benefit of persons for whose fault SIS is responsible in accordance with the statutory provisions.

10.5 However, the above limitation of liability in accordance with paragraph 3 shall not apply if SIS or the persons for whose fault SIS is responsible in accordance with statutory provisions have fraudulently concealed a defect or assumed a guarantee.

10.6 The above limitations of liability in accordance with paragraphs 3 and 4 shall not apply to claims under the Product Liability Act.

10.7 Any liability beyond the above on the part of SIS or persons for whose fault SIS is responsible in accordance with statutory provisions shall be excluded.

 

11. contact information for inquiries

The contact details of SIS can be found in the app's legal notice.

 

12. Other provisions; dispute resolution

12.1 The contract language is German.

12.2 The law of the Federal Republic of Germany shall apply to all legal relationships to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that the user has his habitual residence in Germany or his habitual residence is in a country that is not a member of the European Union. In the event that the user has his habitual residence in another member state of the European Union, additional mandatory provisions of this member state in which the user has his habitual residence shall remain unaffected.

12.3 In the event that individual provisions of these Terms of Use are invalid, the validity of the remaining provisions shall remain unaffected.

12.4 The European Commission provides a platform for online dispute resolution, which the user can access at http://www.ec.europa.eu/consumers/odr. However, SIS is not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board

 

Imprint

Schwarz Immobilien Service GmbH & Co. KG
Stiftsbergstraße 1
74172 Neckarsulm

Registered office: Neckarsulm
Register court Stuttgart HRA 734144
VAT ID No.: DE315816739

Schwarz Immobilien Service GmbH & Co. KG is represented by Schwarz Immobilien Service Beteiligungs-GmbH with registered office in Neckarsulm, Register Court Stuttgart, HRB 754998, which in turn is jointly represented by two managing directors with joint power of representation, including Christoph Hopfenzitz and Simon Pavelka.

Contact:
Phone: +49 (0) 7132 - 94 11880
E-Mail: immobilien-service@mail.schwarz

 

info
Note on use of gender

For ease of reading, the generic male form is used in reference to persons on this website. The relevant terms apply to all genders in line with the equal treatment of all. When only the masculine form is used, this is due to editorial reasons only and does not imply a value judgment.