PRIVACY POLICY FOR CUSTOMERS

This privacy policy notice describes how KWMS GmbH, Heinestraße 4/7, 1020 Vienna, ("we") processes your personal data as a customer, in connection with this website (see www.charly.live).
1.
PURPOSES OF DATA PROCESSING
1.1.
We will process the categories of your personal data listed in the Annex for the following purposes:
  1. a.
    Fulfillment of our contractual obligations;
  2. b.
    Provision of charging stations;
  3. c.
    Creation of personalized analyses and evaluations regarding the utilization of electric charging infrastructure as well as energy and network-related aspects;
  4. d.
    Handling of our sales processes;
  5. e.
    Examination and development of the technical and legal requirements of an electric charging station and energy concepts;
  6. f.
    Management of customer relationships, including contact maintenance and communication, including the analysis of customer needs and how our products and services are used;
  7. g.
    Analysis and prediction of technical requirements related to charging stations;
  8. h.
    Conducting customer satisfaction surveys and surveys;
  9. i.
    Providing information about our services and events;
  10. j.
    Conducting direct marketing and advertising through electronic and non-electronic means.
1.2.
We collect your personal data either directly during the registration process on www.charly.live, as part of our communication (e.g. website), or through any business relationships.
1.3.
There is no obligation to provide us with the personal data we request. However, proper management and use of the charging infrastructure allocated to you on www.charly.live can only be done by providing your personal data in advance. The disclosure of some of your data is mandatory for the performance of our contractual obligations in the context of monitoring and billing services. If providing your data is legally required in some cases, we will inform you separately.
2.
PROCESSED DATA CATEGORIES AND LEGAL BASIS FOR PROCESSING
2.1.
We process the categories of your personal data listed in the Annex on the basis of:
  1. •
    The fulfillment of a contract concluded with you or the performance of pre-contractual measures, as necessary (Art 6(1)(b) GDPR), or
  2. •
    Our predominant legitimate interest under Art 6(1)(f) GDPR, which consists of achieving the purposes mentioned in points 1(e) to 1(j), or
  3. •
    The necessity to fulfill legal obligations to which we are subject (Art 6(1)(c) GDPR), or
  4. •
    Based on consent (Art 6(1)(a) GDPR).
3.
TRANSFER OF YOUR PERSONAL DATA
3.1.
If necessary for the purposes mentioned above, we will transfer your personal data to the following categories of recipients:
  1. •
    IT and payment service providers employed by us;
  2. •
    Authorities and institutions responsible for grants;
  3. •
    Legal representatives, courts, and administrative authorities;
  4. •
    Banks for payment processing;
  5. •
    Auditors for auditing purposes;
  6. •
    Competent administrative authorities, especially tax authorities;
  7. •
    Debt collection agencies or law firms for debt collection (abroad only if the debt must be collected abroad);
  8. •
    External financiers, such as leasing or factoring companies and assignees, if the delivery or service is financed in this way;
  9. •
    Contractual and business partners involved or to be involved in the delivery or service;
  10. •
    Insurers for the conclusion of an insurance contract for the delivery/service or the occurrence of the insurance event;
  11. •
    The owner of the electric charging stations you wish to use or companies acting on behalf of the owner (e.g., property management companies, etc.).
3.2.
Some of the recipients mentioned above are located outside your country or process your personal data there. The level of data protection in other countries may not correspond to that of your country. However, we only transfer your personal data to countries for which the EU Commission has decided that they have an adequate level of data protection or we take measures to ensure that all recipients have an adequate level of data protection. For example, we conclude standard contractual clauses (2021/914/EC).
4.
STORAGE PERIOD
4.1.
We store your personal data (i) until the termination of the business relationship with you, but in any case (ii) as long as legal retention obligations exist, or (iii) until any legal claims have become time-barred, for the enforcement or defense of which personal data is needed.
5.
YOUR RIGHTS RELATING TO PERSONAL DATA
5.1.
Under applicable law, you have the right (if the respective conditions of applicable law are met):
  1. •
    To request confirmation of whether and which of your personal data we process and to receive copies of this data;
  2. •
    To request the correction or deletion of your personal data;
  3. •
    To request us to restrict the processing of your personal data;
  4. •
    To object to the processing of your personal data;
  5. •
    To request data portability; and
  6. •
    To lodge a complaint with the data protection authority (www.dsb.gv.at).
6.
OUR CONTACT INFORMATION
6.1.
If you have any questions or concerns regarding the processing of your personal data, please contact us:
  1.  
    KWMS GmbH
  2.  
    Heinestraße 4/7, 1020 Wien
  3.  
    [email protected]
Last updated on September 12, 2023.
ANNEX
Personal data of customers:
  1. •
    Title
  2. •
    First name
  3. •
    Last name
  4. •
    Phone number
  5. •
    E-Mail
  6. •
    Street and house number
  7. •
    Postal code
  8. •
    City
  9. •
    Country
  10. •
    Company
  11. •
    VAT ID
  12. •
    IBAN
  13. •
    BIC
  14. •
    Type of electric charging station including technical details
  15. •
    Type of electric vehicle including technical details
  16. •
    Necessary personal data related to the creation of accounting reports, invoices, and credits