Version 2.1: September 2023

Scope of data processing and use

As a matter of principle, we process personal data of our users only insofar as this is necessary for the provision of functional services. Personal data is only processed with the consent of the users, unless the processing of the data is permitted by legal regulations.

Personal data and information we collect mainly in order to:

  • Fulfill contractual obligations (e.g. processing interactions, enabling rental and leasing transactions incl. exchange of contact data)
  • Create personal user accounts
  • Send you information regarding the Services
  • Provide you with information regarding services and updates to standard agreements such as privacy policies, terms and conditions or cookie policies
  • Send you invoices, send you payment reminders, and receive payments from you
  • Send you notices, such as the status of your orders
  • Allow you to communicate with us, respond to inquiries and provide support
  • Send you our newsletters, if you have explicitly agreed to this
  • Process applications
  • Maintain, analyze, optimize and develop the usability, operation and performance of our services
  • Diagnose problems, errors and security risks in services
  • Prevent misuse of our services or systems and illegal activities through or with them
  • Ensure the security and integrity of our business, website, products and services
  • Comply with applicable laws and regulations

We also use your personal information to operate our business generally. This includes, in particular, use of personal data to analyze our performance over time, to comply with legal requirements, to develop and improve the performance of our employees, and for internal research purposes.

Before using our services, you always have the option to opt out of sharing personal information and other information. However, parts of our services require certain personal data for the proper execution and use of the functions. Therefore, if you decline to provide us with the necessary personal information, unfortunately, you will not be able to fully use all of the Services.
Each time you access our website, our system also automatically collects data and information from the computer system of the calling computer. Information on this can be found in our cookie policy.

Type of personal data and time of collection

Depending on the service, we process the following personal data:

  • First and last name
  • Telephone and/or cell phone number
  • Billing and residential address
  • ID and/or passport details (date of birth, nationality, etc.)
  • Payment information
  • Email address
  • Gender
  • Profile picture (if uploaded by user)
  • IP address
  • SIP address
  • Billing and payment information
  • Communication content (in case of dispute between borrower and lender)

The payment service provider may require further information from the user to process the payment transaction. This is stated in the privacy policy of the respective payment service provider.

We ask for personal information when you:

  • Visit our websites
  • Use our services, e.g. rent, lease or buy products
  • Create a user account
  • Place orders and make payments
  • Register for events
  • Register for newsletters, programs, promotional e-mails, etc.
  • Apply for a job or send us your CV
  • Contact us in general

For more information on automatically collected data, please see our Cookie Policy.

Technical and organizational measures

We take all reasonable steps to protect your personal data from misuse, interference and loss, as well as from unauthorized access, modification or disclosure. Sharely's current technical and organizational measures can be found here.

Additional information can be requested here at any time: datenschutz@sharely.ch.

Data sharing

Personal data will not be disclosed to third parties unless this is necessary to fulfill the purpose for which the data was collected, for example, to fulfill contractual obligations, to respond to your inquiries, for our legitimate business purposes or due to legal requirements. Personal data may be disclosed to or processed by the third parties listed below, if necessary, for the purposes mentioned above:

  • Employees: All employees are bound to secrecy. We keep your personal data secure and strictly adhere to the organizational and technical security regulations in accordance with the applicable data protection laws.

  • Affiliated companies: The relationship and handling of personal data is governed by intra-group agreements that provide for compliance with the legal requirements of applicable laws.

  • Authorities: If required by applicable laws or if ordered by a court.

  • Internal business infrastructure: We use the Amazon Web Services (AWS) hosting platform to provide our services and the EU region (Switzerland, Germany & Ireland) as hosting location. In addition, we use other third party providers to run our internal business infrastructure and provide the services, for example, backup, storage, payment process, support tool or electronic signatures.

When we share your personal data with such third parties, reasonable precautions are taken to ensure accurate and secure data processing in compliance with applicable data protection laws (e.g., EU standard contractual clauses, data processing contracts, confidentiality agreements). We do not allow our third parties to use the personal data we provide to them for their marketing purposes or for purposes other than in connection with the services they provide to us.

Place of processing

General.

The data is generally stored at the headquarters in Dietlikon (Switzerland) or at an affiliated company. Switzerland has been approved by the EU Commission as a country outside the EU and the EEA that ensures sufficient safeguards for the protection of personal data (adequacy decision of the EU Commission pursuant to Art. 45 GDPR).

Cross-Border Transfer.

Sharely may transfer Personal Data outside the European Economic Area (EEA) or Switzerland under certain circumstances. In such case, Sharely will, wherever possible and reasonable, anonymize such Personal Data so that it is no longer classified as Personal Data under applicable data protection laws. If such anonymization is not possible, Sharely will ensure that any transfer is in compliance with applicable laws (e.g., EU standard contractual clauses; risk assessments).

Data deletion and storage duration

Users' personal data will be deleted as soon as the original purpose of the processing ceases to apply, unless Sharely, as a data processor, is obliged to store the relevant personal data for a longer period of time in accordance with applicable law. Deletion of Personal Data will occur as soon as the retention period provided for in the applicable law expires. Any other arrangement may be provided for between you and Sharely in the respective contracts.

User rights

You have the right to request information regarding your personal data at any time. You have the right to request this information in electronic form and, where necessary, to request rectification of the personal data should it be incorrect. In cases where the Personal Data is not necessary to provide the Services, you may request that such Personal Data be irrevocably and securely deleted.

We want to keep your personal information up to date. If you would like to receive information about the personal data we hold about you, or if you would like to have your personal data deleted, please send an email to datenschutz@sharely.ch with your company reference and/or name. Your request will be processed in due course and in any event within one month of receipt of such request. If Sharely is only the data processor of your personal data, then Sharely will forward your request to the data controller as soon as possible.

You have the right to file a complaint with the relevant supervisory authority:

Switzerland:

Federal Data Protection and Information Commissioner, Feldeggweg 1, 3003 Bern

https://www.edoeb.admin.ch/edoeb/de/home/deredoeb/kontakt.html

Canton of Zurich:

Data Protection Officer of the Canton of Zurich, Postfach, 8090 Zürich,
+41 43 259 39 99

https://www.datenschutz.ch

https://www.datenschutz.ch/der-datenschutzbeauftragten-eine-frage-stellen

Data Privacy Officer Sharely:

datenschutz@sharely.ch

Applicable law and place of jurisdiction

This Privacy Policy shall be governed exclusively by Swiss substantive law, without further reference to its conflict of law rules, and excluding all international conventions. Any disputes arising out of or in connection with this Privacy Policy shall be subject to the jurisdiction of the competent courts in the Canton of Zurich, Switzerland.