Privacy Policy

Introduction

1.1 ChargeSmart EV is committed to safeguarding the privacy of our website visitors and mobile application users.  This policy details how ChargeSmart EV will treat your personal information.

1.2 By using the ChargeSmart EV (“ChargeSmart”) mobile app and/or any of the ChargeSmart EV websites or portal, you are consenting to the collection, use and disclosure of your personal information in accordance with the terms and conditions of this policy.  You consent to our use of cookies and the collection of location based information in accordance with the terms of this policy.

2. Collecting personal information

2.1 ChargeSmart EV may collect the following kinds of personal information from you using the following methods:

• Information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);

• Information that you provide to us when registering with our website, user portals or mobile applications (including your email address, mobile phone number and other contact information);

• Information that you provide when completing your profile on our website, user portals or mobile apps (including your name, profile pictures, gender, date of birth, vehicle information and employment details, if any);

• Information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address);

• Information that you provide to us when using the services on our website or mobile app or that is generated in the course of the use of ChargeSmart EV’s services (including vehicle information, the timing, frequency and pattern of EV charging, location data);

• Information relating to any purchases you make of ChargeSmart EV goods and services or any other transactions that you enter into through our website, user portal or mobile apps (including name, contact details, and transaction details but excluding credit card information);

• Information that you post to our website for publication on the internet (including your user name, your profile pictures and the content of your posts);

• Information contained in or relating to any communication that you send to ChargeSmart EV or send through the ChargeSmart EV website, user portals or mobile apps (including your name, telephone number, email, location, the communication content and metadata associated with the communication);

• and any other personal information that you choose to send to or otherwise share with ChargeSmart EV.

2.2 Before you disclose to ChargeSmart EV the personal information of another person, you must obtain that person’s consent to collection, use, disclosure and the processing of that personal information in accordance with this policy and you hereby represent and warrant to ChargeSmart EV that you have obtained such consent.

3. Using personal information

3.1 Personal information submitted to ChargeSmart EV through our website, user portals or mobile apps will be used for the purposes specified in this policy or on the relevant pages of the website.

3.2 ChargeSmart EV may use your personal information to:

• Administer our website and business;

• Personalize the ChargeSmart EV website, user portals and mobile apps for you;

• Enable your use of the services available on the ChargeSmart EV website, user portals and mobile apps;

• Send you goods purchased through the ChargeSmart EV website, user portals and mobile apps;

• Supply to you services purchased through the ChargeSmart EV website, user portals and mobile apps;

• Send statements, invoices and payment reminders to you, and collect payments from you;

• Send you non-marketing commercial communications;

• Send you email notifications that you have specifically requested;

• Send you email newsletters, if you have requested it (you can inform us at any time if you no longer require the newsletter);

• Send you marketing communications relating to the ChargeSmart EV business or the businesses of affiliated third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);

• Provide third parties with anonymized statistical information about our users ;

• Deal with enquiries and complaints made by or about you relating to your use of ChargeSmart EV’s services;

• Keep ChargeSmart EV’s website, user portals and mobile app secure and prevent fraud; and

• Verify compliance with the terms and conditions governing the use of ChargeSmart EV’s website, user portals or mobile apps.

3.3 If you submit personal information for publication on the ChargeSmart EV website or mobile apps, ChargeSmart EV will publish and otherwise use that information in accordance with the license you grant to us under our Terms and Conditions.

3.4 ChargeSmart EV will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing.

3.5 All ChargeSmart EV website and mobile app financial transactions are handled through our payment services provider, Braintree.  You can review the provider’s privacy policy at www.braintree.com. ChargeSmart EV will share information with its payment services provider only to the extent necessary for the purposes of processing payments you make via the ChargeSmart EV website or mobile apps, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

4. Disclosing personal information

4.1 ChargeSmart EV may disclose your personal information to any of its employees, officers, insurers, professional advisers, agents, suppliers, service providers, or subcontractors insofar as reasonably necessary for the purposes set out in this policy, including for processing.

4.2 ChargeSmart EV may disclose your personal information to any member of our group of companies (this means our subsidiaries, affiliates, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.

4.3 ChargeSmart EV may disclose your personal information:

• to the extent that it is required to do so by law pursuant to a warrant or court order;

• in connection with any ongoing or prospective legal proceedings;

• in order to establish, exercise or defend ChargeSmart EV’s legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and

• To the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling.

4.4 Except as provided in this policy, ChargeSmart EV will not provide your personal information to third parties.

5. International data transfers

5.1 Information that ChargeSmart EV collects may be stored, accessed, processed, and transferred outside of the United States, in any of the countries in which we operate, or in which the entities listed in sections 4.1  and 4.2 operate, in order to enable us to use the information in accordance with this policy.

5.2 Personal information that you publish on ChargeSmart EV’s website or submit for publication on ChargeSmart EV’s website may be available, via the internet, around the world. ChargeSmart EV cannot prevent the use or misuse of such information by others.

5.3 You expressly agree to the transfers of personal information described in this Section.

6. Retaining personal information

6.1 This section sets out ChargeSmart EV’s data retention policies and procedure, which are designed to help ensure that ChargeSmart EV complies with legal obligations in relation to the retention and deletion of personal information.

6.2 Personal information that ChargeSmart EV collects for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. ChargeSmart EV will then delete or anonymize your personal information.

6.3 Notwithstanding the other provisions of this section, ChargeSmart EV will retain documents (including electronic documents) containing personal data:

• to the extent that ChargeSmart EV is required to do so by law;

• if ChargeSmart EV believes that the documents may be relevant to any ongoing or prospective legal proceedings; and

• in order to establish, exercise or defend ChargeSmart EV’s legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

   

7. Security of personal information

7.1 ChargeSmart EV will take reasonable physical, technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.

7.2 ChargeSmart EV will store all the personal information that we collect about you on our secure (password- and firewall-protected) servers.

7.3 All electronic financial transactions entered into through ChargeSmart EV websites or mobile apps will be protected by encryption technology.

7.4 You acknowledge that the transmission of information over the internet is inherently insecure, and ChargeSmart EV cannot guarantee the security of data sent over the internet.

7.5 You are responsible for keeping the password you use for accessing ChargeSmart EV website and mobile apps confidential; ChargeSmart EV will not ask you for your password (except when you log in to our website).

8. Amendments

8.1 ChargeSmart EV may update this policy from time to time by publishing a new version on our website and updating the “Last Updated” date above.

8.2 ChargeSmart EV will notify you of any material changes to this policy by email, SMS or within our mobile apps, or by publishing a prominent notice on its website.

9. Your rights

9.1 Unless your state’s laws require otherwise, you may instruct ChargeSmart EV to provide you with any personal information ChargeSmart EV holds about you; provision of such information will be subject to:

• the payment of a fee (currently fixed at US$25.00); and

• the supply of appropriate evidence of your identity (for this purpose, ChargeSmart EV will usually accept a photocopy of your passport plus an original copy of a utility bill showing your current address).

9.2 ChargeSmart EV may withhold personal information that you request to the extent permitted by law.

9.3 You may instruct ChargeSmart EV at any time not to process your personal information for marketing purposes.

9.4 In practice, you will usually either expressly agree in advance to ChargeSmart EV use of your personal information for marketing purposes, or ChargeSmart EV will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

10. Third party websites

10.1 ChargeSmart EV’s website includes hyperlinks to, and details of, third party websites.

10.2 ChargeSmart EV has no control over, and are not responsible for, the privacy policies and practices of third parties.

11. Your State Privacy Rights

Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices.

If you are a California, Nevada, Colorado, Connecticut, Virginia, or Utah resident, your state’s laws may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, see below for our Privacy Statement – California.

Colorado, Connecticut, Virginia and Utah each provide their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.
• Colorado, Connecticut and Virginia also provide their state residents with rights to:
• Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights by using one of the contact methods below in Section 13.3. To appeal a decision regarding a consumer rights request, please contact us again asking that our legal department review the decision.  We will respond to you within two weeks with the decision regarding your appeal.  This email will contain information and reasoning supporting the appeal decision.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to us by using one of the methods below.  However, please know we do not currently sell data triggering that statute’s opt-out requirements.

12. Updating information

12.1 Please let ChargeSmart EV know if the personal information that we hold about you needs to be corrected or updated. You may request that ChargeSmart EV modify or correct any personal information that it holds about you for accuracy.

13. Our details

13.1 The ChargeSmart EV website, user portals and mobiles apps are owned and operated by ChargeSmart EV, LLC.

13.2 ChargeSmart EV is registered in New York and our registered office is located at 5 Southside Drive, Suite 11-184, Clifton Park NY 12065.

13.3 You can contact ChargeSmart EV’s Privacy Officer:

• By mail, using the address above;

• Using contact form within the ChargeSmart EV website or mobile apps;

• By telephone, at the contact number posted on the ChargeSmart EV website; or

By email, at info@chargesmartev.com.

14.       Dispute Resolution

Any questions or concerns regarding the use or disclosure of personal information should be directed to us using one of the methods set forth below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Privacy Policy.

If we are unable to resolve your complaint, you can escalate the issue in accordance with the dispute resolution procedure set forth in our Terms and Conditions or make a claim with the privacy regulator in the country in which you think we have infringed privacy laws.

15.       Children’s Privacy

Our website is not intended for or directed to children under the age of 13. We do not knowingly collect personal information directly from children under the age of 13 without parental consent. If we are made aware that a child under the age of 13 has provided us with personal information, we will delete the information from our records.

PRIVACY STATEMENT-CALIFORNIA

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of ChargeSmart EV (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We and our Sites collect 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 consumer, household, or device (“personal information“). Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, within the last twelve (12) months we have collected or may in the future collect the following categories of personal information from consumers:

We and our Site obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase, or when you register on our site or provide information to us.
• Indirectly from you. For example, from observing your actions on our Site.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information.
• To provide, support, personalize, and develop our Site, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Site experience and to deliver content and product and service offerings relevant to your interests.
• To help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Site, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA or CPRA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Site users is among the assets transferred.

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

Sharing Personal Information

We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months and/or in the future, Company has disclosed or may disclose personal information for a business purpose to the categories of third parties indicated in the chart below.

We do not sell personal information.

Category of Third-Party Recipients

Your Rights and Choices

The CCPA and/or CPRA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If personal information was shared for cross-context behavioral advertising.

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1.      Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

2.      Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3.      Debug products to identify and repair errors that impair existing intended functionality.

4.      Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5.      Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

6.      Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement if you previously provided informed consent.

7.      Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

8.      Comply with a legal obligation.

9.      Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Right to Correct

You have a right to correct data that we hold about you that is inaccurate.

Right to Limit Use of Sensitive Personal Information

You have the right to limit our use of your sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests such goods or services as well as other specified legitimate business purposes.  “Sensitive personal information” is defined above.  Any of the above information that is already publicly available is not considered to be sensitive personal information.

To exercise your rights to know, correct or delete described above, please submit a request by either:

• Emailing us at info@chargesmartev.com
• Mailing a letter to:

                  ChargeSmart EV

                  Attn:  Head of Business Affairs

                  5 Southside Drive, Suite 11-184

                  Clifton Park, NY 12065

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may also make a request to know, correct or delete on behalf of your child by submitting a request by either:

• Emailing us at info@chargesmartev.com
• Writing a letter to:

                  ChargeSmart EV

                  Attn:  Head of Business Affairs

                  5 Southside Drive, Suite 11-184

                  Clifton Park, NY 12065

You may only submit a request to know twice within a 12-month period. Your request to know, correct or delete must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• 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 personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

For instructions on exercising your sale, sharing and sensitive personal information use opt-out or opt-in rights, see Personal Information Sales or Sharing Opt-Out and Opt-In Rights and Limitation of Use of Sensitive Personal Information Rights.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us at info@chargesmartev.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request 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.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA or CPRA rights. Unless permitted by the CCPA or CPRA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@chargesmartev.com or write us at:

ChargeSmart EV

Attn:  Head of Business Affairs

5 Southside Drive, Suite 11-184

Clifton Park, NY 12065

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email:  info@chargesmartev.com

Postal Address:

ChargeSmart EV

Attn:  Head of Business Affairs

5 Southside Drive, Suite 11-184

Clifton Park, NY 12065

If you need to access this Policy in an alternative format due to having a disability, please contact info@chargesmartev.com.