1. Scope of application

1.1 AXA Mobility Services AG is a legal entity and operates the UPTO product. The Terms and Conditions of Data Protection apply to the use of the www.upto.ch website (referred to below as the “Website”).

1.2 Our Website may contain links to the websites of other providers. Once you click these links, we take no responsibility for the personal data transferred to third parties (e.g. IP address or URL).

2. Collection and storage of personal data

2.1 When you make use of services via the UPTO Website, UPTO collects and stores personal data.

2.2 When you visit the Website, UPTO automatically stores your IP address, name and the version of the browser and operating system you are using, and the date and duration of your visit.

2.3 When you register and create a user profile or use the Website, UPTO collects personal information. The following data is collected: name, email address, postal address.

3. Use and forwarding of personal data

3.1 UPTO uses personal data to perform and process services via the Website, and to answer your questions. Your data is used to enable you to access and use the Website and the functions and offers related to it.

3.2 Data that is logged automatically during use of the Website is used by UPTO to administer and optimize the Website and the services offered via the Website. The data is also anonymously evaluated for statistical purposes.

3.3 Your data is passed on to third parties in the following cases: to provide services, for billing/accounting purposes, to manage the existing contractual relationship, to operate the Website, or for necessary statistical evaluations. Third parties engaged by UPTO will treat your personal data according to these Terms and Conditions of Data Protection and the relevant data protection legislation, and will not forward such data to other parties without your consent.

4. Deletion of your data

4.1 As soon as you cancel your user profile, UPTO deletes the data about you that were logged and collected, to the extent stipulated by law. It will still remain possible to call up publicly accessible information on the platform (such as comments in forums).

5. Cookies

5.1 Cookies are small text files stored by your internet browser. Most cookies are deleted from your hard disk again after the browser session ends (known as “session cookies”). Other cookies remain on your computer to ensure that UPTO can recognize your computer on your next visit and analyze your usage (“persistent cookies”).

5.2 The UPTO Website uses cookies to analyze web traffic, optimize the services and content of the Website, measure the effectiveness of advertising campaigns and to foster trust in UPTO and promote its security and reliability.

5.3 You can suppress the use of cookies by setting your web browser not to accept any new cookies, to alert you to any new cookies or to delete all cookies already received. For assistance with changing the settings, consult the Help function in your web browser or visit www.allaboutcookies.org. Please note that it is only possible for you to use certain functions of the Website if cookies are used.

5.4 To optimize your use of the Website and to offer content adapted to you personally, we collaborate with advertising partners (advertising agencies, providers of advertising campaigns, etc.). These advertising partners may also use cookies and/or web beacons to measure the impact and effectiveness of the Website. None of the information collected by our partners via the cookies/web beacons is linked to your personal data that is collected by us on the Website.

6. Social media plugins (e.g. Facebook)

6.1 Plugin functions of various third-party providers of social media platforms (such as Facebook, Twitter and Google+) are integrated in the platform. These plugins allow users to share content on social networks. If a plugin is displayed while browsing the Website (e.g. the Facebook “Like” button), a connection to the servers of this website will be established automatically. In this case, your data can be transmitted to this third-party provider. If the user is simultaneously logged into the network of this third-party provider, the visit to UPTO can be assigned to the user’s network account (e.g. a Facebook account). UPTO has no influence over the way such data is transmitted.

6.2 Please consult the social media provider’s data protection provisions for information about the data they collect and their rights as well as potential settings for protecting your privacy.

7. Google Analytics

7.1 This Website uses Google Analytics, a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, U.S.A (“Google”). Google Analytics uses cookies. The information about the Website generated by the cookies is usually transmitted to and saved on a Google server in the USA.

7.2 On behalf of the operator of this Website, Google will use this information to evaluate your usage of the Website, to compile reports about website activities and to provide the Website operator with additional related services. The IP address sent by your browser in connection with Google Analytics is not merged with other Google data.

7.3 If you wish to prevent Google from collecting data (including your IP address) relating to your use of our Website, you can download and install the browser plugin that is provided here.

8. Telematics system

8.1 UPTO has installed a telematics system in all vehicles.

8.2 The provider of the telematics system only collects, stores and processes the data necessary for complying with the following laws: To provide and enhance the service by guaranteeing high quality, assure the safety of operations and infrastructure, process the contract, maintain the customer relationship as well as invoicing.

8.3 The customer acknowledges and expressly agrees that the provision of this service requires the collection, storage and processing of data about the person and the vehicle that is connected with the service (hereinafter referred to as “data”) by third parties. Such collection, storage and processing relates to the following categories:
1. Data relating to the data connections and volumes via the SIM card.
2. Data collected for registration purposes (title, first name/last name, email address, telephone number, address, vehicle identification number)
3. Vehicle data (GPS tracking system, driving style of the person driving the Vehicle, such as speed deviations, sharp cornering, abrupt acceleration and braking, etc.)
4. Journey data (information on journeys undertaken, such as departure point and destination, length of journey, time traveled, etc.)
5. Vehicle error messages (engine faults, diagnostic trouble codes (DTCs), etc.)
6. Other vehicle data (tank level, mileage, battery status, vehicle model, mass and weight, etc.)
7. Information about the adapter (IMEI, serial number, hardware version, signal strength, etc.)
8. IMSI of the SIM card
9. Information about the mobile device being used (device ID, manufacturer, type and version of the operating system, language, app version, etc.)
10. Other data (including contract information, Customer activity data such as information about data packet purchases and use of Customer account, evaluations, etc.)

8.4 The Customer is in express agreement that the telematics system provider:

8.4.1 stores and processes the data in Switzerland and abroad or has it stored and processed by a third party engaged by it;

8.4.2 uses the data to provide the service and discloses it to its service partners.

8.5 The telematics system provider is obligated to provide information about the Customer to the relevant authorities at their request in accordance with legal provisions, as well as about the data processed.

8.6 The Customer is responsible for informing the persons concerned (driver, passengers) about the activated service and the collection, storage and processing of data concerning them and, where required, to obtain the necessary consent.

8.7 The collection, storage and processing of the data transmitted via the SIM card integrated in the adapter begins as soon as the service has been activated and the adapter is installed in the Vehicle, and ends when it is removed.

8.8 The Customer has the right to request confirmation from UPTO whether personal data is processed and, if so, to receive information about the processing of his personal data. As provided for by the data protection legislation applicable to the Customer (in particular, the EU GDPR), the Customer can also restrict the processing of his personal data, exercise his right to data portability, rectify his personal data, have it erased (“Right to be forgotten”) or blocked, withdraw consent previously given and raise an objection to his personal data being processed.

8.9 The Customer can send his request, including a copy of his identity document, to the following email address: upto@axa.ch

8.10 The telematics system provider reserves the right to assert the legally provided restrictions on its part if, for example, it is obligated to store or process certain personal data, has an overriding interest to do so or requires it to assert claims. Exercising the above rights can conflict with contractual agreements between Axa Mobility Services AG and the Customer (e.g. on the provision of services) and lead to consequences (e.g. premature termination of the contract, or costs). In these cases, Axa Mobility Services AG will inform the Customer in advance.

9. Agreement to terms, miscellaneous

9.1 These Terms and Conditions of Data Protection are a component of the General Terms and Conditions (GTC). When registering or logging in for the first time, you are requested to state your agreement to the GTC. If you refuse to do so, you cannot make use of UPTO’s services.

9.2 UPTO is authorized to implement amendments to the Terms and Conditions of Data Protection at any time, insofar as material provisions of the contractual relationship are not affected. In particular, this is necessary if regulatory gaps arise after conclusion of the contract (e.g. due to changes in legislation, or if the General Terms and Conditions are declared ineffective on the basis of applicable law). You will be notified of the text of the amended conditions at least six weeks before they enter into force. The amendments are deemed to have been approved unless you express your opposition to them within six weeks of receipt of the notification. If you exercise your right of opposition, we reserve the right to terminate the contract in existence between you and us.

9.3 We implement technical and organizational security measures to guarantee that our users’ personal data is protected against loss, inappropriate changes or unauthorized access by third parties. Access to your data is restricted to authorized parties, and is permitted only to the extent necessary within the scope of the purposes stated above.

9.4 You have the right to obtain information at any time about the personal data which we store about you. You can also request us to make corrections or additions to your data, or to delete such data entirely. Please note that statutory retention obligations may oppose a deletion request. Please email requests for information and deletion and any questions about data protection to upto@axa.ch.