Effective Date: January 10, 2023
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.
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.
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.
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:
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.
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.
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 firstname.lastname@example.org.
CCPA California Resident Rights
If you are a California resident, the CCPA grants you certain data privacy rights. Your rights include the:
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
Verifiable Consumer Requests
You can exercise your legal rights by submitting a Verifiable Consumer Request to us by:
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:
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.
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
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 email@example.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
PowerFlex Systems, LLC
392 1st Street
Los Altos, CA 94022
United States of America