Applies from 2 November 2022.
2. SECURITY OF CUSTOMER DATA
Mobility protects personal data by implementing appropriate safety measures and storing the data on secure servers. The website has suitable technical and organisational features to secure especially personal data against loss, destruction and manipulation and to prevent it being accessed, modified or shared by unauthorised parties. Particularly sensitive data (e.g. login credentials for user accounts) is encrypted (SSL) when transmitted over the internet.
3. DATA COLLECTED AND INTENDED PURPOSE
a. When an account is opened
Mobility collects the following data when concluding the contract:
- Private individuals: gender, last name, first name, date of birth, address, telephone number, email address, driving licence details (including place of origin and nationality) and language of correspondence;
- Legal entities: company, address, telephone number, email address, VAT number, contact, driving licence details if applicable (including place of origin and nationality) and language of correspondence, UID number, personnel numbers, cost centres;
Mobility also collects data on customers’ credit ratings. Mobility requires this information for the purposes of concluding contracts and processing reciprocal contractual services.
Mobility may request camera access to the smartphone for the purposes it specifies, e.g. checking driving licences or identity cards, logging damage, etc.
b. Using a vehicle
When a customer uses a vehicle, Mobility collects on the driver's driving behaviour (such as braking, acceleration, vehicle speed, etc.), data on the vehicle and its behaviour (such as booking, location and movement data, vibrations inside and outside the vehicle, duration of use, mileage, etc., as well as other data for electric vehicles [such as battery status, battery charge status, charging process, etc.]) and, via the Mobility app as well as location and movement data for the customer’s mobile phone via the Mobility app.
By providing this information, the customer helps Mobility best manage its services and fleet. This valuable information helps Mobility improve and expand its offering so that it can align said offering more closely with its customers’ needs. The information Mobility collects in this way allows it to improve the availability of its services, to manage and position its vehicles more efficiently, and to schedule and carry out any necessary maintenance work.
However, by allowing Mobility to collect data, the customer is paving the way for much more: the evolution of the future of mobility with new and attractive yet affordable and customised offerings such as carpooling or dynamic ordering models.
Vehicle manufacturers (hereinafter “manufacturers”) and vehicle component manufacturers (or original equipment manufacturers (OEMs)) also collect data. Mobility has no control over the data they collect or how they use it. Customers will find the data policies of the respective manufacturers or OEMs online.
When customers connect their smartphone to a vehicle’s communication system, the smartphone may transmit data to the vehicle, which will be stored there. Customers are responsible for deleting this data and disconnecting the smartphone when returning the vehicle. Mobility accepts no liability regarding this data, in particular if data remains in the vehicle and/or the connection to the smartphone continues and/or the data is used without authorisation.
Furthermore, Mobility can measure impacts inside and outside the vehicle to identify the originator.
c. Telephone contact
If customers have telephone contact with the 24h Service Center or to report damage, Mobility records the conversation.
Mobility uses this data for internal training and quality assurance purposes and/or to reconstruct a situation in the event of a complaint. This data is kept only for as long as is necessary for these purposes.
d. Use of products and services from partner companies
Mobility processes payments via partner companies with which the customer enters into an autonomous contractual relationship independent of Mobility.
Mobility works with a number of partner companies.
Mobility has no control over the data collected by partner companies/partner vehicles. In such situations, the privacy policies of the partner companies prevail.
e. Use of the website and the Mobility app
Mobility collects and uses the information that customers provide to it via the website, the app or customer service (location, time and duration of use, type of vehicle, distance travelled, etc.). Mobility requires this information for the purposes of processing reciprocal contractual services. Mobility’s website and app deploy cookies and other identification technologies. These are used, among other things, to authenticate users, to store user settings, to analyse how the website is used, and to conduct and measure advertising campaigns (cf. clause 5 “Cookies and web analysis” and clause 7 “Social plugins”.
f. Subscribing to the Mobility newsletter
When customers subscribe to the newsletter, Mobility collects the following personal data:
- Email address (mandatory)
- First and last names (optional)
Customers may unsubscribe from the newsletter at any time using the link provided.
When surveys are conducted, customers volunteer information in direct exchange with Mobility. This information is collected in an anonymous form and evaluated by an external market research institute.
4. DISCLOSURE OF DATA TO THIRD PARTIES
When managing and processing personal data, Mobility complies with Swiss data protection legislation. Mobility is entitled to process personal data and to compile corresponding databases for the purpose of concluding the contract and processing the reciprocal contractual services. There is no question of commercialising customers’ personal data. Mobility may only disclose personal customer data to third parties in connection with its business activities for the following purposes:
- Concluding and processing contracts (including verification and updating): disclosure to credit companies, credit check agencies, ID checking services and road traffic authorities;
- ID or driving licence verification and optimising the technology used;
- Processing reciprocal contractual services: disclosure to credit companies, credit check agencies, insurers and road traffic authorities;
- Verifying contact details: disclosure to municipality registration offices;
- At the instigation of customers: disclosure to e.g. their contacts, Swiss Federal Railways for data exchange via SwissPass; also in connection with their use of certain features or social media;
- For marketing purposes and market research for Mobility and other companies operating in the realm of individual mobility services (in particular in the areas of shared mobility and complementary services), as well as for public transport operators such as the Swiss Federal Railways;
- Where Mobility is faced with claims arising from the conduct of a customer, after Mobility has gone as far as it can to inform the customer of this;
- Disclosure to authorities in accordance with statutory regulations;
- Protecting the legitimate interests of Mobility, e.g. in the event of a risk of a claim against Mobility by third parties or authorities;
- Identifying the customer and processing customer enquiries when contacted through any communication channel;
- Promoting, designing, improving and developing Mobility products and services including vehicles (especially electric vehicles).
If Mobility shares data with third parties which are processing personal information on its behalf, Mobility shall ensure that they only process customer data in the same way as Mobility itself is permitted to process it.
Mobility also shares customer data with third parties based abroad. If Mobility shares personal data with third parties domiciled outside the EU or ECC, it takes appropriate measures to ensure that said third parties deliver an adequate level of data protection.
5. COOKIES AND WEB ANALYSIS
Mobility’s website uses Google Analytics (“Google”).
6. DATA PROCESSING BY THIRD PARTIES
Mobility uses a Google Analytics function based on Google Display Advertising. Visitors can disable the Google Analytics function for Display Advertising and the Display network.
They can use the following link to disable ads: https://adssettings.google.com/anonymous?hl=en. Mobility also uses other services that use trackers and/or cookies. Mobility is not responsible for the data processing by these third parties. Customers are at liberty to check the privacy policies of their services, e.g. Facebook, Pixel and Bing Ads. The use of trackers/cookies by such partner companies can be prevented via customers’ browser settings.
7. SOCIAL PLUGINS
Mobility's website uses social plugins (“plugins”) of social networks such as facebook.com and youtube.com. The plugins can be identified by the logo of the corresponding social network. They allow customers to bookmark these pages and to share those bookmarks with other social network users. If customers visit a page on Mobility’s website that uses plugins, their browser will establish a direct link to the servers of the relevant social network. The embedded plugins notify the social network that customers have accessed the corresponding page on Mobility’s website. If customers are logged into the social network, their visit can be assigned to their social network account. If customers interact with plugins, for example by clicking a Facebook “like” button or entering a comment, their browser will transmit the corresponding information directly to the social network and store it there. Even if customers are not logged in to the social network, they have the option of enabling the plugin to transmit their IP address to the social network.
Mobility has no control over the data collected by the plugins or the purpose / scope of the subsequent data processing. Further information about plugins and the purpose and scope of data processing by social networks, customers’ rights in this regard and the settings options available to protect their data can be found in the privacy rules published on the websites of the relevant social networks. Customers can find further information on plugins and the privacy rules of third parties (e.g. Facebook, YouTube, Twitter, Instagram etc.) in the latter’s privacy policies. If customers do not want a social network to assign the data collected via the Mobility website to the respective social network account, they must log out of the social network before using the Mobility website.
8. RETENTION PERIOD
The retention period depends on the purpose of the data processing. Data is retained only for as long as is commercially necessary and proportionate. No deletion takes place of data that Mobility must retain for a certain period of time due to legal requirements, e.g., documentation and retention obligation for proper accounting, for legal or tax reasons.
9. AMENDING AND DELETING PERSONAL DATA
Customers may correct/update the personal data transmitted to Mobility or have it deleted at any time, provided Mobility is not required to retain this data due to legal requirements.
Customers wishing to have personal data deleted can do so by sending an email to office(at)mobility.ch with the subject “Delete personal data” and a description of the request.
Mobility will not delete data collected and stored in anonymised form that can only be matched to a specific customer with a disproportionately large effort.
Customers will be informed of any changes in an appropriate form insofar as said changes are not made by third parties over which Mobility has no control. Changes are deemed to have been approved by the customer from the date of said change.
11. DECLARATION OF CONSENT
Customers and third parties with questions or suggestions can contact Mobility by email: office(at)mobility.ch.
13. FINAL PROVISIONS
c. The customer shall have prior notification of any changes in an appropriate form and within a reasonable period of time. This excludes changes that affect partner companies or third parties; which will inform the client themselves.
d. Changes shall be deemed to have been approved by the customer from the date of said change.