1. Preamble
WattMatch SA (hereinafter “WattMatch”), a company incorporated under Swiss law with its registered office in Fribourg, operates a digital platform (hereinafter the “Platform”) enabling the creation, management and optimisation of Local Electricity Communities (hereinafter “LEC”) within the meaning of articles 17d et seq. of the Electricity Supply Act (ElA).
These General Terms of Use (hereinafter the “Terms”) govern access to the Platform and the use of the services offered by WattMatch. Any registration on the Platform implies full and complete acceptance of these Terms.
These Terms supplement the WattMatch Services Usage Contract (hereinafter the “Contract”), which governs the specific conditions of participation in an LEC. The Contract, these Terms, the Privacy Policy and the tariff annex form a single contractual set. In the event of any contradiction between these documents, the following order of precedence applies without exception: (1) the Contract; (2) these Terms; (3) the Privacy Policy; (4) the tariff annex.
2. Definitions
The terms defined below have the following meaning in these Terms:
“LEC” means a Local Electricity Community formed in accordance with articles 17d et seq. ElA, bringing together electricity producers and consumers connected within the same service area, at the same network level and in local proximity.
“DSO” means the local Distribution System Operator (for example: Groupe E, Romande Energie, SIG, etc.).
“Participant” means any natural or legal person registered on the Platform who participates or wishes to participate in an LEC.
“Producer” means a Participant who owns a renewable energy production installation (in particular photovoltaic) and feeds electricity into the LEC.
“Consumer” means a Participant who draws electricity within the LEC.
“Prosumer” means a Participant who simultaneously holds the role of Producer and Consumer.
“LEC Representative” means WattMatch or any person mandated by WattMatch to represent the LEC vis-à-vis the DSO and third parties, in accordance with the Contract.
“Metering point” (MP) means the metering point of the electricity network, identified by a unique number assigned by the DSO.
“LEC Electricity” means the electricity produced locally within the LEC and traded between the Participants.
“Residual Electricity” means the electricity drawn from the DSO's network by a Participant to cover needs not met by LEC Electricity.
3. Description of services
WattMatch provides the following services via the Platform:
3.1 Matchmaking and formation of LECs
WattMatch identifies eligible producers and consumers within a geographical perimeter compliant with the ElA, facilitates their matching and forms the LEC as a simple partnership within the meaning of articles 530 et seq. of the Code of Obligations (CO).
3.2 Representation of the LEC
WattMatch acts as LEC Representative within the meaning of article 3 of the Contract (representation mandate). In this capacity, WattMatch:
a) represents the LEC in all its relations with the DSO, the authorities and third parties;
b) submits notifications and applications for the creation, modification and dissolution of the LEC to the DSO, in particular via the online portals made available by the DSO;
c) communicates to the DSO the complete list of the Participants' metering points (MP), the technical data of the production and storage installations, and any subsequent change;
d) transmits to the DSO the entries and exits of Participants within the statutory deadlines (one (1) month for entries and exits, which take effect at the end of a month, and three (3) months for creation and dissolution);
e) receives the metering data transmitted by the DSO and uses it for the internal billing of the LEC;
f) sets and adjusts the LEC Electricity tariffs in accordance with article 5 of the Contract;
g) manages the admission of new Participants and the exclusion of defaulting Participants;
h) fulfils the notification obligations towards the DSO in accordance with the applicable regulations.
3.3 Billing and settlement
WattMatch handles the processing of metering data and the management and settlement of LEC Electricity between the Participants. At the close of each billing period defined by the DSO, WattMatch draws up the invoicing of the internal flows between the members of the LEC on the basis of the data transmitted by the DSO.
The DSO remains responsible for individually invoicing each Participant for Residual Electricity, the network usage tariff, the metering tariff and the levies.
3.4 Dashboard and monitoring
WattMatch provides Participants with a personal area on the Platform allowing them to consult their consumption and production data, monitor exchanges within the LEC, the savings achieved and the environmental impact.
4. Registration and eligibility conditions
4.1 Registration conditions
Registration on the Platform is open to any natural person of legal age or legal entity holding a connection to the electricity network in Switzerland.
The Participant undertakes to provide accurate, complete and up-to-date information upon registration and to keep it updated.
4.2 Conditions of eligibility for an LEC
In accordance with article 17d ElA, participation in an LEC is subject to the following cumulative conditions:
a) being connected to the electricity network within the same service area as the other Participants of the LEC;
b) not being connected at a voltage level above 36 kV, and such a voltage level must likewise not be used for the exchange of self-produced electricity within the LEC (article 19e para. 3 ElO);
c) being located within the geographical perimeter defined by WattMatch for the LEC, which complies with the common service area and may in no event exceed the territory of a single municipality (articles 17d para. 3 ElA and 19e para. 3 ElO);
d) having a smart metering system (smart meter) installed by the DSO;
e) not participating in another LEC for the same consumption site; one and the same production or storage installation may be taken into account in only one LEC.
The formation and continuation of the LEC further presuppose that the capacity of the Participants' production installations reaches the statutory minimum threshold of 5 % of the connection capacity of all end consumers (article 2.5 of the Contract; article 19e ElO).
4.3 Confirmation of participation
Confirmation of the Participant's participation with the DSO is governed by articles 2.1 let. c and 4.1 let. c of the Contract, to which express reference is made. WattMatch carries out this confirmation by virtue of the delegation granted to it, in accordance with the arrangements required by the competent DSO, whatever they may be. Where the DSO requires a personal confirmation from the Participant, the latter undertakes to provide it in accordance with the arrangements and within the deadline set by the DSO; failing this, their participation in the LEC may be cancelled by the DSO.
5. WattMatch's role as LEC Representative
The representation mandate conferred on WattMatch, together with the exhaustive scope of the powers it comprises, are defined in article 3 of the Contract and in the Agreement between Participants (article 2.4 of the Contract). The present article is descriptive only: it can neither extend nor restrict the powers thus conferred.
By way of reminder, this mandate includes in particular:
a) the power to conclude and terminate, in the name of the LEC, any agreement required with the DSO and third parties;
b) the power to represent the LEC before the competent authorities and bodies;
c) the power to collect and pay the amounts due in connection with LEC Electricity;
d) the power to accept new Participants and to exclude existing Participants in accordance with the conditions set out in the Contract;
e) the power to set and adjust LEC Electricity tariffs within the limits defined in the Contract;
f) the power to delegate all or part of its tasks to third parties (article 3 let. g of the Contract).
6. Data protection and consents
6.1 Legal framework
The processing of personal data by WattMatch is governed by the Federal Act on Data Protection (FADP) and its implementing ordinances, as well as by the specific provisions of the ElA on data protection in the LEC context (art. 17j ElA).
The present article is limited to the consents and authorisations specific to participation in the LEC and to relations with the DSO. Detailed information on data processing (data categories, purposes, legal bases, recipients, retention periods and rights of data subjects) is set out in the Privacy Policy. The order of precedence defined in article 1 of these Terms applies without exception, including to data protection matters.
6.2 Data collected
The categories of personal data collected and processed by WattMatch are described in the Privacy Policy, in the section entitled “Personal data collected”.
6.3 Purposes of processing
The purposes of processing are described in the Privacy Policy, in the section entitled “Purposes and legal bases of processing”.
6.4 Transmission of data to the DSO
The Participant acknowledges that WattMatch, as LEC Representative, transmits to the DSO the data necessary for the formation, operation and management of the LEC, in performance of the Contract and of the statutory obligations arising from the ElA, in particular:
a) the complete list of the Participants' metering points (MP);
b) the technical data of the production and storage installations;
c) notifications of entries and exits of Participants;
d) any other data required by the DSO or by the applicable regulations.
6.5 Receipt of data from the DSO
The Participant expressly authorises the DSO to transmit to WattMatch, as LEC Representative, the metering data relating to their metering point, in particular load curves at 15-minute intervals, for the purposes of the formation, operation and settlement of the LEC. This authorisation is given in performance of the Contract within the meaning of article 31 para. 2 let. a FADP and on the basis of the representation mandate provided for in article 3 of the Contract.
6.6 Visibility between Participants
Subject to the Participant's prior, separate and explicit consent, disabled by default (opt-in), the following information may be made visible to the other Participants of the same LEC and, where applicable, to users of the WattMatch Platform located in the same geographical area:
a) their first name and the initial of their surname;
b) their role within the LEC (Producer, Consumer or Prosumer);
c) their municipality and neighbourhood (without exact address);
d) their participation status (registered, pending, active).
The Participant also consents to aggregated and anonymised data relating to the LEC (number of participants, volume of energy exchanged, savings achieved) being published on the Platform and used for communication purposes by WattMatch and the municipality concerned.
The Participant may at any time enable or disable their public visibility, and withdraw their consent, from their personal area or by contacting WattMatch, without this affecting the data necessary for the operation of the LEC transmitted to the DSO.
6.7 Retention period
Personal data is retained for the entire duration of the Participant's participation in an LEC, then for a period of 10 years after the end of the participation, in accordance with statutory accounting and tax retention obligations.
Metering data serving as supporting evidence for the invoicing of LEC Electricity is retained, in a frozen or aggregated form limited to that purpose, for 10 years from the invoicing concerned, in accordance with statutory accounting retention obligations. Other metering data is retained for 5 years from its collection.
6.8 Rights of data subjects
In accordance with the FADP, the Participant has a right of access, rectification, erasure and handover or transfer of their personal data. They may exercise these rights by sending a written request to WattMatch at the address below or by e-mail to privacy@wattmatch.ch. WattMatch will respond within 30 days, extendable by a further 30 days where the request is complex.
The Participant also has the right to lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC).
6.9 Data security
WattMatch implements appropriate technical and organisational measures to protect personal data against any unauthorised access, alteration, disclosure or destruction. Data is hosted in Switzerland or in the European Economic Area.
6.10 Privacy Policy
The processing of personal data collected via the Platform is detailed in WattMatch's Privacy Policy, available at www.wattmatch.ch/en/privacy. This Privacy Policy forms an integral part of these Terms. By registering on the Platform, the Participant declares that they have read the Privacy Policy and accept its terms. Amendment of the Privacy Policy is governed by article 7.7 of the Contract.
6.11 Profiling
The processing of load curves at 15-minute intervals referred to in article 6.5 constitutes profiling within the meaning of article 5 let. f FADP, in that it makes it possible to evaluate certain personal aspects of the Participant, in particular their consumption habits and periods of presence. This processing is necessary for the allocation of LEC Electricity and the internal settlement of the LEC; it is limited to those purposes.
Insofar as this processing is liable to constitute high-risk profiling within the meaning of article 5 let. g FADP, the Participant expressly consents to it upon registration, in accordance with article 6 para. 7 let. b FADP. This consent may be withdrawn at any time; its withdrawal makes it impossible to maintain participation in the LEC and constitutes termination within the meaning of article 7 of the Contract, free of charge and without application of article 7.3 of the Contract.
7. Intellectual property
All content on the Platform (texts, graphics, logos, icons, images, software) is the exclusive property of WattMatch and is protected by the applicable intellectual property laws.
Registration on the Platform confers on the Participant no intellectual property right whatsoever over the content of the Platform.
8. Liability and warranties
8.1 Limitation of liability
WattMatch makes every effort to ensure the proper functioning of the Platform and the quality of its services. However, WattMatch does not warrant:
a) the uninterrupted availability of the Platform;
b) the absence of errors or defects in the services;
c) that the Participant will actually achieve financial savings;
d) that any specific level of reduction on the network usage tariff will be obtained.
WattMatch's liability is limited to direct and foreseeable damage. In any event, WattMatch's total liability towards a Participant in the course of a calendar year shall not exceed the higher of the following two amounts: the amount of the service fees collected from that Participant during the same year, or 5,000 francs. This limitation does not apply in the event of wilful misconduct or gross negligence by WattMatch, in the event of injury to life, physical integrity or health, nor in cases where the law excludes it. Nor does it apply to the obligation to hand over to the Producer the amounts collected on their behalf in accordance with article 5.5 of the Contract, which is not a claim for damages.
8.2 Liability of the network operator
WattMatch is not liable for the acts or omissions of the distribution system operator (DSO), in particular as regards the installation of smart meters, metering quality, changes to network topology or the time taken to process requests. Disputes relating to network connection, network usage and DSO tariffs fall within the competence of the Federal Electricity Commission (ElCom) in accordance with article 22 ElA. Where the DSO alters the network topology in a way that calls into question the validity of the LEC, WattMatch shall inform the Participants without delay and implement the reasonably required measures to preserve the LEC or, failing that, to proceed in accordance with article 8 of the Contract; in this respect WattMatch owes an obligation of means and not of result.
8.3 No joint and several liability
In accordance with article 17e ElA, there is no joint and several liability between Participants for electricity invoices owed to the DSO. Each Participant remains individually liable to the DSO.
9. Amendment of the Terms
Amendment of these Terms is governed by article 7.7 of the Contract, to which express reference is made. Amendments are notified to Participants by e-mail and/or via the Platform at least thirty (30) days before they enter into force.
Continued use of the Platform after the amendments enter into force constitutes acceptance of the amended Terms. In the event of disagreement, the Participant may terminate their registration under the conditions set out in the Contract.
The definition of a substantial amendment and the resulting right of termination free of charge are governed by article 7.7 of the Contract. The present article may not be amended in a way that restricts that right.
10. Assignment and transfer
WattMatch may transfer the contractual relationship with the Participant, including these Terms and the Contract, to a third-party company under the conditions and in accordance with the procedure set out in article 10 of the Contract, to which express reference is made. In the event of contradiction, the provisions of the Contract prevail in accordance with article 1 of these Terms.
The Participant may not assign or transfer the contractual relationship to a third party without WattMatch's prior written consent.
11. Applicable law and jurisdiction
These Terms are governed exclusively by Swiss substantive law.
Any dispute concerning the interpretation or performance of these Terms shall be submitted to the competent courts at WattMatch's registered office. Mandatory places of jurisdiction remain reserved.
12. Severability clause
If any provisions of these Terms are or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The Parties undertake to replace the invalid provision with a valid provision that comes as close as possible, economically, to the meaning and purpose of the provision replaced.
13. Contact
For any question relating to these Terms, the Participant may contact WattMatch:
WattMatch SA
PO Box
1701 Fribourg
E-mail: contact@wattmatch.ch