Privacy Policy

Last update: 09.02.2024

We at Mer Germany GmbH are glad that you would like to use our mobile application ('app'), which is available in both Apple App Store and Google Play Store. Mer will always handle your personal information with care and will always follow legal obligations to ensure data protection.
This privacy policy explains how we collect and process your personal data during your usage of our app.

1. Data controller

Data controller within the meaning of Art. 4 Nr. 7 DS-GVO is:

Mer Germany GmbH
Represented by Günter Fuhrmann, Otto Loserth, Jessica Schneider
Taunusstraße 23
80807 München
Tel.: +49 89 809 1330 0

2. Data protection officer

Data protection officer for the above mentioned data controller is:
E-Mail: dpo@mer.eco
Website: https://de.mer.eco

If you have any requests, questions or complaints in connection with this Privacy Policy or our use of personal data, please contact us at privacy@mer.eco.

3. Collection and processing of information and personal data prior to and during the usage of our app

Personal data is collected both when downloading and when using our app. Personal data is only collected, stored or processed by us if there is a legal permission or if we have your consent. oder uns Ihre Einwilligung vorliegt. The provision of personal data or the granting of consent is voluntary.

"Personal data" is all information that relates to an identified or identifiable natural person. This includes in particular your name, address, email address, gender, date of birth, telephone number, age and bank details.

If we collect personal data based on your consent, this consent can be revoked at any time by contacting the person responsible (see section 1.) or our data protection officer (see section 2.), without affecting the legality of the processing carried out on the basis of the consent until the revocation. Please note that a revocation means that the services we offer can no longer be provided.

The following data is collected and processed when our mobile app is downloaded and used:

3.1. Data collection and processing when downloading our app

When you download our mobile app, the data required for the download is transferred to the app store you are using (Google PlayStore or Apple iTunes). This includes, in particular, your username, your email address, the customer number of the app store account you are using, the individual device code, the download time and the payment information you have stored for your app store account.

Please note that this data collection and processing is not carried out by Mer GmbH when downloading the Mer app in the app store. Apple iTunes is a service of Apple Inc., Infinite Loop, Cupertino, CA 95014, USA; Google Play Store is a service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

You can find more detailed information about the data collection and processing in the app store you use in the data protection sections of Apple or Google.

3.2. Data collection and processing when using our app

When using the mobile app, we collect personal data to the extent described below and process it within the scope of the offers and functions made available with our app.

3.2.1. User registration and login

In order to be able to use our app, you must register as a user using the email address you gave us in advance and the password you created. During the subsequent login process in the app, personal data will be processed, which will make you identifiable for us. The personal data collected via our app as part of the login process is compared via an automatic comparison with our contract database stored on our server in order to enable you to access our app. If our server was able to identify you as an authorized user, the use of the app is activated for one session (so-called app session). The login process must always be carried out when you end the app session using the logout button shown in the app. The logout button is located in the My Account view at the end of the screen.

This registration process is necessary to ensure that only corporate customers and their selected employees can use the functions of our app. This is to ensure the safe use of our app and prevent unauthorized access to charging stations for electric cars.

The legal basis for processing your personal data for the login process is Art. 6 Paragraph 1 Clause 1 lit. b) und lit. f) DS-GVO.

3.2.2. Location data

When using our app, you can allow us to collect your location data (so-called geolocalization). If your mobile device is equipped with a location function, this function can be used. The function is only used to detect your location and the calculate the orientation of the charging stations suggested by our app. Using your location data, our app calculates the distance to the nearest charging stations and, depending on your location, suggests certain charging stations as closer destinations. We do not collect or save your location data and after processing it to calculate the distance to the charging stations, we can no longer access it. Before you can activate the location function, we ask for your consent to the collection of your location data in accordance with Art. 6 Abs. 1 lit. a) DS-GVO. Your location data is used to calculate the nearest charging station according to Art. 6 Abs. 1 Satz 1 lit. b) DS-GVO.

You can of course revoke or deactivate your consent to the location recording at any time via the settings in your mobile device ("location services").

3.2.3. Data processing when using a charging station (during a charging process)

With the help of our app, you can charge your electric vehicle conveniently and easily at the charging stations operated by Mer and the charging stations of our partner companies.

a) In order to be able to start a charging process, you have to unlock the respective charging station prior to the charging process. If you do not want to do this with the RFID chip card provided by us or your employee ID, you can also initiate a charging process using our mobile app.

There are basically two activation options available:

aa) Selection of the station via QR code and activation via app:
If you have given our app access to the camera of your mobile device, you can select a charging station via our app using a QR code. You can read in the QR code required for this using the camera. We use the QR code to identify the charging station you have selected. We check whether you already completed the login process as described in 3.2.1. To do this, we access the token stored on your mobile device during the login process and the identifier contained in it (compare also 3.3 below) to confirm your authorization to carry out the charging process at the charging station. Once your authorization has been confirmed and you click on “Start charging”, we will unlock the charging station and the charging process will start.

bb) Manual activation via input in the app:
You can also activate and start a charging process at a charging station via our app by manually selecting the charging station. To do this, you have to select the charging station you want in the map view of our app and start the charging process by pressing the input field provided. We check whether you already completed the login process as described in 3.2.1. To do this, we access the token stored on your mobile device during the login process and the identifier contained in it (compare also 3.3 below) to confirm your authorization to carry out the charging process at the charging station. Once your authorization has been confirmed and you click on “Start charging”, we will unlock the charging station and the charging process will start.

Please note that in both variants described, your authorization to carry out the charging process will only be checked by Mer GmbH. At no point in time you are identifiable for our partner companies.

The legal basis for processing your personal data to unlock the charging station for your charging process is Art. 6 Abs. 1 Satz 1 lit. b) DS-GVO.

b) My Account
For all charging processes that are started by you via our app, we collect the respective connection time, the respectively charged kWh with the start and stop times, the meter values, and the respective identifier of the charging station used. We make this data available to you in the form of statistics via your app under "My Account". This way you have a convenient and detailed overview of your consumption and your charging behavior. As a service of the app, the legal basis for this data processing for the provision of statistics is Art. 6 Abs. 1 Satz 1 lit. b) DS-GVO.

The above personal data are also stored and processed for billing purposes. The legal basis is Art. 6 Abs. 1 Satz 1 lit. b) DS-GVO.

3.2.4 Push Notifications

Optional push notifications are available to you within our app. These are used by Mer to send you status updates on the status of charging stations or your charging process. In order to enable the reception of the push notifications, you must agree to receive the messages once:
When using the app on Android devices, you must accept the identity query when installing / updating in order to receive the notifications. The push notifications can be switched on and off in the app management on Android devices.
When using the app on iOS devices for the first time, you will be asked whether the Mer app can send you messages. You can manage these notifications in the settings of the app.

As part of this granting of rights, depending on the device used, the device ID is transmitted to the "Firebase Cloud Messaging" service or to the "Apple Push Notification Service", which returns a so-called identifier. In the following, communication with the Mer push message service takes place via the assigned identifier. This ensures that the device ID is no longer used in the context of the Mer app.
After deleting the app, your device ID and the associated identifier will be deleted from our services.

Your personal data will only be processed if you have given your consent in accordance with Art. 6 Abs. 1 Satz 1 lit. a) DS-GVO. DSGVO.

3.3. Tokens

In order to make the mobile app user-friendly and as safe as possible for you, we use so-called tokens. Tokens are files that are stored in the device memory of your mobile device for a certain period of time after a successful login and are replaced by a new token after this time has elapsed. Die Tokens werden dazu genutzt, um Ihre über den unter Ziff. 3.2.1. dargestellten Login-Prozess vorgenommene Authentifizierung für unseren Server bei der Nutzung unserer App über Ihr mobiles Endgerät erkenntlich zu machen. Die Tokens geben unserem Server demnach das Signal, dass eine berechtigte Nutzung unserer App auf dem verwendeten mobilen Endgerät, auf dem der Token hinterlegt ist, vorgenommen wird. Only we can use the token to identify you as a user of the app. Tokens are automatically deleted as soon as you close the mobile app via the logout button after your app session. The logout button is located under "My Account" at the end of the screen.

Tokens are therefore indispensable to guarantee the functionality of the app and to protect against unauthorized access.

The legal basis for the use of the tokens is Art. 6 Abs. 1 Satz 1 lit. b) und lit f) DS-GVO.

4. Google Maps API

If you use the Google Android operating system on your mobile device, our app uses the Google Maps service to show you the locations of our charging stations visually on the maps provided by Google Maps. The display of these locations is a key function of our app and should make it easier for you to find a charging station. Google Maps is an interactive map service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
We also use the Google Places API, regardless of the operating system, to provide you with a search for places and streets. Please note that when you use our app, Google receives the information that you have accessed Google Maps via our app. In addition, Google can collect additional data such as your IP address. If, in addition to using our app, you are logged in to Google via a mobile user profile or if you log in later, Google can assign the use of our app and the map access to your user profile.
We have no influence on the personal data transfer and data collection to / from Google that may be carried out by Google. We also have no knowledge of the individual purposes of this data processing or its scope and storage duration. We also do not know whether Google will delete or anonymise data. The purpose and scope of the data collection and the further processing and use of the data by Google as well as your rights and setting options for the protection of your privacy can be found in the respective data protection provisions of Google (https://policies.google.com/privacy?hl=de).
Because Google is based in the USA, data can also be transferred to the USA by Google. Google has submitted to the EU-US Privacy Shield to ensure data protection standards. For more information, see https://www.privacyshield.gov/EU-US-Framework.

5. Apple Maps (MapKit-API)

If you use the Apple IOS operating system on your mobile device, our app uses the Apple Maps service to show you the locations of our charging stations visually on the maps provided by Apple Maps. The display of these locations is a key function of our app and should make it easier for you to find a charging station. Apple Maps is an interactive map service provided by Apple Inc., Infinite Loop, Cupertino, CA 95014, USA.
We also use the Google Places API, regardless of the operating system, to provide you with a search for places and streets. Please note that when you use our app, Apple receives the information that you have accessed the respective Apple Maps via our app. In addition, Apple can collect additional data, such as your IP address. If you are logged in to Apple via an Apple account in addition to using our app, or if you log in later, Apple can assign the use of our app and the map access to your account.
We have no influence on any personal data transfer and data collection to / from Apple that may be carried out by Apple. We also have no knowledge of the individual purposes of this data processing or its scope and storage duration. We also do not know whether Apple will delete or anonymize it. The purpose and scope of the data collection and the further processing and use of the data by Apple as well as your related rights and setting options to protect your privacy can be found in the respective data protection provisions of Apple (https://www.apple.com/de/privacy/).
Because Apple is based in the USA, data can also be transferred to the USA by Apple. Apple has submitted to the EU-US Privacy Shield to ensure data protection standards. You can find more information on this at https://www.privacyshield.gov/EU-US-Framework.

6. Route planning

We would like to point out that route planning, in particular using the Google Maps and Apple Maps applications listed under sections 4 and 5, is not possible using our app. As soon as you want to plan a route to one of our charging stations and have selected a corresponding charging station via our app, our app gives you the option of selecting a route planning service from the navigation apps installed on your mobile device. Depending on your selection, the route planning is then carried out via the app you have selected. Our app only transfers the location data of the charging station you selected in our app for route planning using the navigation app you selected. An active transfer of your location or a transfer of personal data by our app does not take place.
Please note that when you use the navigation app you have selected for route planning, a separate service from our app is opened and our area of influence and responsibility is thus left. We have no influence on the processing of personal data that may be carried out by the navigation app you have selected. We also have no knowledge of the individual purposes of this data processing or its scope and storage duration.
You can find more detailed information on the individual processing of personal data by the navigation apps in the respective data protection provisions and data protection settings of the respective provider of the navigation app.

7. How long does Mer store your information

Your personal data, which we process on the basis of a legal permission, will only be stored by us for as long as this is necessary for the purposes specified under item 3 or you object to the data processing (vgl. Ziff. 12).

Due to legal requirements, in particular archiving obligations, we save certain data about the respective contractual relationship and the execution of the contract. Due to existing commercial and tax law requirements, we are obliged to keep or save your address as well as your payment and order data for a period of ten years. The personal data affected by this are stored separately and can only be used for archiving purposes - there is no access to this data outside of the statutory purpose associated with archiving.

After the termination of our contractual relationship, all personal data - with the exception of the required archive data - will be anonymized after two calendar years at the latest and stored exclusively for statistical purposes. It is no longer possible for us to identify you personally using the anonymized data.

8. Data backup and place of data processing

All our systems in which personal data is stored are password-protected and only accessible to a limited group of people. The transmission of personal data between your mobile device and our servers is generally encrypted (Secure Socket Layer). The processing and use of the data takes place exclusively in the area of the EU.

9. Data transfer

We do not pass on your personal data to third parties unless we are legally entitled to do so or you have given us your consent.

A transfer to state institutions and / or authorities only takes place if we are obliged to do so due to mandatory legal regulations or official or court orders.

In order to improve and guarantee the functionality of the system, we pass on the data collected under Section 3 to IT and web service providers if necessary. These service providers need the data provided to process the app software, its maintenance and for further technical work on our app and its server environment. In addition, we transfer data mentioned in section 3.2.1 to our service provider who is providing and operating the login process of our app. The legal basis for this data transfer is Art. 6 Abs. 1 Satz 1 lit. f) DS-GVO.

We also work with contract processors within the meaning of Art. 28 DS-GVO, who process your personal data in accordance with section 3 exclusively on our behalf and in accordance with the contracts concluded for this purpose. The transfer of personal data takes place to our platform operator, who hosts and operates our services, as well as to software developers who take on improvements, further developments and maintenance of the software. The legal basis for this transfer of your personal data is Art. 6 Abs. 1Satz 1 lit. f) DS-GVO.

If the aforementioned requirements are not met, we will only pass on your data to third parties if you have given your consent (Art. 6 Abs. 1 Satz 1 lit a) DS-GVO).

10. Your rights

With regard to your personal data, you have the following rights towards us:

To exercise these rights, you can contact the bodies named under items 1 and 2.

11. Right of appeal to the data protection supervisory authority

You also have the right to complain to one of the responsible data protection supervisory authorities about the processing of your personal data by us, if you are of the opinion that we are not processing your personal data in accordance with the requirements described herein and / or applicable data protection laws .

12. Right to object

According to Art. 21 Abs. 1 DS-GVOyou have the right to object at any time to the processing of personal data relating to you that is based on Art. 6 Abs. 1 Satz 1 lit. f) DS-GVO. We ask you to explain the reasons why we should no longer process your personal data in the future. ou can address your objection to the person responsible (see section 1.) or our data protection officer (see section 2.). In the event of a justified objection, we will no longer use your personal data for the purposes in question and will delete them from our system, unless we can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.