Privacy Policy | PowerFlex Mobile App

Effective Date: January 10, 2023

PowerFlex is committed to protecting the privacy of your personally identifiable information (“Personal Information” or “PII”). The PowerFlex mobile app provides services that help its users efficiently charge their electric or plug-in vehicles using our open-platform network of electric vehicle charging stations. Our Privacy Policy helps explain our information practices.

When we say “PowerFlex,” “our,” “we,” or “us,” we’re talking about PowerFlex Systems, LLC and its applicable affiliates. This Privacy Policy (“Privacy Policy”) applies to all of our apps, services, features, software, and websites (together, “Services”) unless specified otherwise.

Please review this Privacy Policy from time to time. By using or otherwise accessing our Services, you agree to this Privacy Policy. If you do not agree to this Privacy Policy, please do not access or use our Services.

Information We Collect

PowerFlex is the sole owner of the information collected through our Services. We receive or collect PII when we operate and provide our Services, including when you install, access, or use our Services. PII means any information that identifies, relates to, describes, references is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. PII does not include publicly available information from government records, deidentified or aggregate information, or information excluded from the scope of applicable laws. We do not collect Sensitive PII about you, as further explained below.

The types of PII we have collected, used, stored, and disclosed in the last twelve (12) months include the following categories of information:

Category	Type(s) of Information
Identifiers	First Name, Last Name, Email, Phone Number, IP Address, License Plate Number, User Account Name, Vehicle Information (e.g. make, model, color)
Categories of PII listed in the CA Consumer Customer Records law	First Name, Last Name, Phone Number Information within this category may overlap with other categories.
Internet or Other Similar Network Activities	Information on a Consumer’s Interaction with our Service, Including Browsing and Search History on our Websites and Apps.
Geolocation Data	Precise Geolocation, Beacon Based Location, GPS location You may disable our use of certain identifiers and activities through your device or browser settings.
Charging Network Data	Charging Session Date, Start Time, End Time, Duration, Identification Number, Energy Dispensed, Charging Port Identification Number

Please note that we need certain types of PII to provide our Services to you. If you do not provide us with such PII, or if you ask us to delete that PII, you may no longer be able to access or use certain parts of our Services.

Sensitive PII: Sensitive PII includes information that reveals your social security, driver’s license, state identification card, or passport numbers, account log-in, financial account, debit card, or credit card numbers in combination with any required security or access code, precise geolocation, racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, the contents of mail, email, and text messages, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation (“Sensitive PII”). As a general rule, we do not collect, use, or disclose Sensitive PII about you, unless authorized by applicable law.

Deidentified Information: We may also collect de-identified information from you and aggregate information that may not by itself reasonably identify you as the source when you navigate the Service (“Deidentified Information”). Deidentified Information may include (i) device type, (ii) device operating system, (iii) internet browser type, (iv) internet service provider, (v) referring/exit pages, (vi) date/time stamp, and (vii) clickstream information. We will take reasonable measures to ensure that Deidentified Information we collect is not personally identifiable and may not later be easily used to identify you as required by applicable law. We will maintain and use Deidentified Information in deidentified form and will not attempt to reidentify such information, except as necessary to demonstrate our compliance with applicable law.

Financial Information: We utilize third-party payment processors to process credit and debit card information (“Payment Card Information”). As a result, we do not collect or process Financial Information, including Payment Card Information.

Information You Provide

Your Information. You provide your email address to create a user account with PowerFlex. You provide us with details about your energy demand, such as how far you will need to travel, how much time you have to charge your car, and how efficiently you drive. You will also capture QR codes using the built-in camera. These QR codes represent identifiers for the electric vehicle charging stations you use.
Location Information. If you install our app, we will ask you to grant us access to your mobile device’s geolocation data to provide you with location-based features (e.g. locating charging stations near you). When you grant such permission, we will collect information about your precise geolocation while you are using our app. If you prevent your device from sharing geolocation information through your device’s system settings, you will not be able to utilize our full range of features and services.
Customer Support. You may provide us with information related to your use of our Services, including app details and how to contact you so we can provide you customer support. For example, you may send us an email with information related to our app performance or other issues.

Automatically Collected Information

Usage and Log Information. We may collect service-related, diagnostic, and performance information. This includes information about your activity (such as session data and how you use our Services), your electric vehicle (including the make, model, and year of your vehicle), log files, and diagnostic, crash, website, and performance logs and reports.
Transactional Information. If you pay for our Services, we may receive information and confirmations, such as payment receipts, including from app stores or other third parties processing your payment.
Device and Connection Information. We may collect device-specific information when you install, access, or use our Services. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information, and device identifiers.
Cookies. We use cookies to operate and provide our Services, improve your experiences, understand how our Services are being used, and customize our Services. For example, we use cookies to remember your choices, such as details about your energy demand.

Most internet browsers automatically accept cookies. However, you can instruct your internet browser to block cookies or to provide you with a warning prompt before you accept cookies from our Services. Please refer to your internet browser’s instructions to learn more about these functions. If you reject cookies, the functionality of our Services may be limited and you may not be able to participate in several of the Services’ features.

Third-Party Information

We work with third-party providers to help us operate, provide, improve, customize, support, and market our Services. For example, we work with companies to distribute our apps and process payments. These providers may provide us with PII about you in certain circumstances; for example, app stores may provide us with reports to help us diagnose and fix service issues. We do not make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available through third parties. Your use of third parties’ services and/or third party websites is governed by and subject to the terms and conditions of those third parties and/or third party websites. We encourage you to carefully review the privacy policies and statements of such third parties and/or third party websites.

Children’s Privacy

The Services are intended for licensed operators of electric vehicles and are not directed to children under the age of 16. PowerFlex does not knowingly collect personal information from children under the age of 16 and if we become aware that we have inadvertently collected personal information from children under the age of 16 without parental consent, we will promptly take all reasonable steps to remove such information from our systems.

How We Use Information

We use all the PII we have to help us operate, provide, improve, understand, customize, support, and market our Services. To achieve those objectives, we may use your PII for lawful business purposes: (i) as necessary for the performance of our contract with you, (ii) for our legitimate interests, so long as they are not overridden by your own rights and interests, or (iii) as required by law. These purposes include:

Delivering Our Services. We may use your PII to assist us in operating and providing our Services, including providing customer support, improving fixing, and customizing our Services, and providing you with marketing information about our Services.. We understand how people use our Services, and may analyze and use the PII we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We may also use your PII to respond to you when you contact us.
Business Optimization. We may use your PII in the aggregate to analyze your browsing and usage activities and patterns in order to understand your interests and preferences with respect to our Services. This will help us operate, provide, improve, understand, and customize our Services.

We will not collect additional categories of PII or use PII we collected for materially different, unrelated, or incompatible purposes without providing you notice.

How We Disclose Information

We may disclose your PII to third parties for a business purpose as described below. Otherwise, we do not sell, rent, lease, or “share” PII, and will not disclose your PII to third parties without your permission. As used herein, “sharing” includes the disclosure of PII for cross-context behavioral advertising.

Affiliates and Service Providers. We may share PII we collect with our affiliates, advisors, consultants, contractors, service providers, site hosts and customers in connection with providing our Services and where such disclosure is customarily provided in corporate transactions involving PowerFlex.
Regulatory Compliance. We may share PII we collect where we are legally obligated to do so with the government or other authorities having jurisdiction, and where we otherwise believe it appropriate in order to protect our rights and property or the rights and property of others.

Sale or Acquisition of Assets. If we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, or if we are transferred to another company, we may disclose and/or transfer your PII as part of the transaction. If the surviving entity in that transaction is not us, the surviving company may use your PII pursuant to its own privacy policies, and those policies may be different from this Privacy Policy.
No Ads. We do not allow ads in our app and have no intention of introducing them.

Type of Information Disclosed

In the last twelve (12) months, we have disclosed the following categories of PII to third parties for a lawful business purpose:

PII Category Disclosed	Categories of Third-Party Recipients
Identifiers	Affiliates and Service Providers
Financial Information	Affiliates and Service Providers
Categories of PII Listed in the CA Consumer Customer Records Law	Affiliates and Service Providers
Internet or Other Similar Network Activities	Affiliates and Service Providers
Geolocation Data	Affiliates and Service Providers
Charging Network Data	Affiliates and Service Providers

We have not sold consumers’ PII for a business purpose in the preceding twelve (12) months.

Data Security

While we are committed to protecting your PII, no security measures can be 100% secured, so we cannot guarantee the security of such PII on our Services. The transmission of information via the internet or other forms of electronic communication is not completely secure or private. If you have any reason to believe that your account with PowerFlex has been compromised, please notify us immediately at support@powerflex.com.

Data Retention

We will retain your PII while you maintain an account with us or to the extent necessary to provide our Services. Thereafter, we will keep PII for as long as reasonably necessary: (i) to respond to any queries from you; (ii) to demonstrate we treated you fairly; (iii) for ordinary business continuity procedures; or (iv) to comply with any applicable laws. We delete PII within a reasonable period after we no longer need the information for the purposes set out in this Privacy Policy.

Legal Rights

CCPA California Resident Rights

If you are a California resident, the CCPA grants you certain data privacy rights. Your rights include the:

Right to Access: You have the right to request a copy of the specific pieces of PII that we have collected about you in the previous twelve (12) months. The information will be delivered by mail or electronically. Upon receipt of a Verifiable Consumer Request, we will disclose:

The categories of PII we have collected about you;
The categories of sources from which PII is collected;

Our business purpose for collecting PII;
The categories of third parties with whom we share PII, if any; and
The specific pieces of PII we have collected about you.

Right to Data Portability: You have the right to receive your PII in a portable, readily usable format that allows you to transmit your information to another entity without hindrance.
Right to Correct Inaccurate Information: You have the right to request that we correct inaccurate information about you that we maintain.

Right to Deletion: You have the right request that we delete your PII.
Right to Be Free from Discrimination: You have the right to not be discriminated against by us for exercising any of your rights under the CCPA. Unless permitted by the CCPA, we will not:

Deny goods or services to you;
Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
Provide a different level or quality of goods or services to you; or

Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

To exercise your rights, please use the Verifiable Consumer Request method described below. Please be aware that your rights (including those enumerated elsewhere in this Privacy Policy) are limited to the extent permitted by applicable law.

Additional California Privacy Rights

California’s “Shine the Light” law permits users of the Service that are California residents to request certain information regarding our disclosure of PII to third parties for their direct marketing purposes. To make such a request, please contact us at the Contact Information provided below.

Other State-Specific Privacy Rights

Residents of certain states may have additional personal information rights and choices not explicitly set out in this Privacy Policy. To exercise your rights, where applicable, please contact us at the Contact Information provided below.

Verifiable Consumer Requests

You can exercise your legal rights by submitting a Verifiable Consumer Request to us by:

Calling us at 833 4PWRFLX;

Emailing us at support@powerflex.com; or
Completing the Contact Us form within our app.

Only you, or someone legally authorized to act on your behalf, may make a Verifiable Consumer Request related to your PII. Making a Verifiable Consumer Request does not require you to create an account with us. You may only make a Verifiable Consumer Request for access to PII twice in a 12-month period.

The Verifiable Consumer Request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with PII if we cannot verify your identity or authority to make the request and confirm the PII relates to you. We will only use PII provided in a Verifiable Consumer Request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We will acknowledge receipt of a Verifiable Consumer Request within ten (10) days. We endeavor to respond to Verifiable Consumer Requests within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the Verifiable Consumer Request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to Verifiable Consumer Requests, unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Do Not Track Disclosure

Some internet browsers may transmit “do-not-track” signals to websites with which the browser communicates. Our Services do not currently respond to these “do-not-track” signals.

SPAM

We do not participate in bulk email solicitations that you have not consented to receiving (i.e., “Spam”). We do not sell or disclose customer lists or email address lists to unrelated third parties. Except as otherwise provided herein, we do not share PII with any third party advertisers.

Third Party Links

Our Services may contain links to other websites or applications (“Linked Services”) that are not owned by PowerFlex. We do not control the collection or use of any information, including PII, which occurs while you visit Linked Services. Therefore, we make no representations or warranties for —and will not in any way be liable for—any content, products, services, software, or other materials available on Linked Services, even if one or more pages of the Linked Service are framed within a page of our Services.

Furthermore, we make no representations or warranties about the privacy policies or practices of the Linked Services, and PowerFlex is not responsible for the privacy practices of those Linked Services. We encourage you to be aware of when you leave our Services and read the privacy policies of Linked Services.

Cross-Border Data Transfers

If you live outside of the United States, you understand and agree that we may transfer your information to the United States for processing. Our services are subject to United States laws, which may not afford the same level of protection of those in your country.

Updates to Our Policy

We may amend or update our Privacy Policy from time to time. If our privacy practices change materially in the future, we will post an updated version of the privacy policy to our Services. It is your responsibility to review this Privacy Policy for any changes each time you use our Services. We will not lessen your rights under this Privacy Policy without your explicit consent. Your continued use of our Services confirms your acceptance of our Privacy Policy, as amended. If you do not agree to our Privacy Policy, as amended, please discontinue using our Services.

Accessing, Updating, and Controlling Information

If you ever wish to access, update, change, delete, opt-out of us sharing, or otherwise control your PII, or cancel your user account you may do so by making such changes through your user account or contacting us at support@powerflex.com. To help us process your request, please provide sufficient information to allow us to identify you in our records. We reserve the right to ask for additional information verifying your identity prior to disclosing any PII to you. Should we ask for verification, the information you provide will be used only for verification purposes, and all copies of the information will be destroyed when the process is complete.

If you wish to opt-out of receiving update messages and/or direct marketing communications from us, you may opt-out by (i) following any instructions included in the communication or (ii) contacting us at the Contact Information provided below, or (iii) by making such changes through your user account. Please be aware that although you may opt-out of update messages and/or direct marketing communications, we reserve the right to email you administrative notices regarding our Services, as permitted under the CAN-SPAM Act.

Requests and Inquiries

If you have any other questions regarding this Privacy Policy, please contact us at:

PowerFlex Systems, LLC

392 1st Street

Los Altos, CA 94022

United States of America

(650) 469-3392

info@powerflex.com