Privacy Policy

Last updated December 4, 2023

FLEXCHARGING, INC. PRIVACY POLICY

FlexCharging, Inc and our subsidiaries and other affiliates (collectively, “FlexCharging,” “we,” “us” or “our”) are committed to protecting your privacy. This Privacy Policy describes how we collect, use, and disclose the Personal Information that you provide during your online and offline interactions with us or that we collect about you.

As used in this Privacy Policy, “Personal Information” means any information that can be used to individually identify a person or household, and may include, but is not limited to, name, email address, postal or other physical address, credit or debit card number, title, and other information reasonably linkable to an individual or household with or without other identifying information in our possession.

We may update this policy from time to time, and we will provide notice of any changes, for example, by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of this Privacy Policy. We encourage you to review this Privacy Policy whenever you use or access the Sites or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.

Categories of Personal Information We Collect

We may collect the following categories of Personal Information from or about you:

Information commonly used to identify you, such as your name, physical charging address(es), email address, phone numbers, and other similar identifiers.
Information about your usage of or other interaction with our websites, apps, blogs, or other digital properties (our “Sites”). This information may include actions taken, date and time, frequency, duration, quantity, and performance information related to logins, clicks, messages, how you reached our Sites, interactions with technical and/or customer support, charging preferences, and other website and feature usage information.
Information about your device, network, and internet connection, such as your IP address(es), MAC address, other device ID (UDID), device type, operating system type and version, and client version.
Basic account information related to your EV Automaker or other third party account if you choose to register and log in using such an account. This information includes your username and information from the third party service about whether you entered your password correctly. (These services are designed so that FlexCharging doesn’t see your actual password for these services – just whether you got the password right or wrong.)
Other information you upload, provide, or create while using the Sites or our Services.

How we collect Personal Information

We collect many of the categories of Personal Information listed above when you affirmatively give it to us or transact business with us. You may always choose not to provide that Personal Information to FlexCharging, but note that you may be unable to access certain services or features if they require Personal Information that you have not provided.

We also collect information automatically when you interact with our Sites. You can adjust certain settings, such as by turning off cookies in your browser or adjusting privacy settings in our apps, to reduce the amount of Personal Information we passively collect from you when you use our Services. Because we use these features to enhance your user experience (such as using cookies to remember your user name when you visit our Sites), disabling such features may impact our Sites’ functionality.

We may also collect some Personal Information from third-party partners, who may actively or passively collect information on our behalf when you use our Sites. We may also receive Personal Information that third parties collect in other contexts, such as when you visit other websites that are unaffiliated with FlexCharging and information collected from you offline.

More about active collection

Here are some more specific examples of categories of Personal Information we gather through active collection.

FlexCharging Account Information: Name, email, password, address, phone number, EV Automaker account information, and charging preferences.
Transaction Information: Information about the charging and driving your EV.
Other Information You Choose to Provide, Such as information you provide when you communicate with us using social media; participate in a survey, contest, promotion or interactive area of the Sites; or when you request technical or customer support.

More about passive collection

Our third-party service providers may automatically collect some information about you when you use our Sites, using methods such as cookies and tracking technologies (further described below). Information automatically collected may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and operate the Sites.

In addition, when you use our app or web sites, network information is transmitted back to us such as app and web sites usage information. This information is transmitted back to us, so we can determine how users are interacting with our app and web sites, to assist us with improving our app and web sites and services, and to correct any problems that may occur.

FlexCharging and the vendors we work with – including web analytics vendors and companies that help us market FlexCharging Services – use various tracking technologies, including cookies and web beacons, to collect information about you when you interact with our Sites, including information about your browsing and purchasing behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve the Sites and your experience, see which areas and features of the Sites are popular, and count visits. Web beacons are electronic images that may be used on the Sites or in emails and help deliver cookies, count visits and understand usage and campaign effectiveness. Vendors we work with may combine the personal information they collect when you use our Sites with information that they collect from other sources.

When you visit our Sites from a mobile device, we collect information about the mobile device you use to access or use the Sites, including the hardware model, operating system and version, unique device identifiers, mobile network information and information about your use of our mobile applications.

We may also collect information about the location of your EV, the state of charge, the charging status, the odometer, the outdoor temperature and other information that help us to manage your charge as requested.

We do not use automated decision-making using the information we obtain about you.

Why we collect Personal Information

We collect and use the categories of Personal Information listed above in order to assist in managing your EV charging as requested to help you save money and/or carbon emissions and to otherwise provide our Services, to communicate with you about your charging and our Services, to provide customer support and troubleshooting, to improve our business, for security purposes, for other legitimate business purposes, or as required by law.

We restrict our use of employment-related information that we collect from FlexCharging personnel and/or an applicant for personnel positions solely for hiring, human resources management, and other employment-related purposes or as required by law.

Our disclosure of Personal Information

We disclose Personal Information for a few different purposes as described below. We do not knowingly transfer personal information out of the United States (where we are located).

First, we may share Personal Information about you with our service providers. These are other companies that help us run our business, and who have promised only to use Personal Information subject to this privacy policy in order to help FlexCharging run its business. We may disclose all of the categories of Personal Information we have about you with such service providers, for the purposes of providing, running, marketing, personalizing, improving, operating, and maintaining our Sites and Services.

Second, we may also share Personal Information with a limited number of other businesses that aren’t service providers. These businesses offer services to FlexCharging, like serving advertisements on our behalf across the Internet, and providing analytics services. Unlike with our service providers, these businesses have not promised to use Personal Information that we provide solely in connection with FlexCharging’s Sites and Services, and they may use your Personal Information for other purposes. Some of these businesses include, but are not limited to, Public Utilities, Electric Vehicle manufacturers, and advocacy groups, who may use this information to make decisions about public policy related to electric vehicles, research into charging efficiency, determinations of where to place charging stations, or other related uses.

Under the California Consumer Protection Act, this sharing of Personal Information may qualify as the “sale” of Personal Information by FlexCharging, even though FlexCharging does not get money in exchange for giving a third party access to your Personal Information. FlexCharging does not knowingly collect or sell information from or about children under 16 without sufficient legal authorization. For more information about opting out of the “sale” of your Personal Information, go to the Consumer Rights section below.

Third, we also may disclose your Personal Information when you voluntarily use a Site feature that requires sharing of Personal Information in order to work properly. For example, if you “Like,” “Tweet,” “Pin,” or share content using the social sharing features or other integrated tools on our Sites, you should be aware that the relevant social media company may access Personal Information from you, and any information that you post may be made broadly available, depending on your privacy settings for your social media account.

Last, we disclose Personal Information to courts, law enforcement, and other appropriate third parties when the disclosure is required or authorized by law or reasonably necessary for the protection of our property or legal rights, such as when necessary to meet national security or law enforcement requirements.

More about our sharing with service providers

For example, service providers may get access to Personal Information so they can help with:

Managing your account and sending you related information, including confirmations, updates, technical notices, security alerts and support and administrative messages
Fulfilling Service requests
Protecting against, investigating, and deterring fraudulent, harmful, unauthorized or illegal activity
Providing reports to you based on information collected from your use of our Services
Providing support and assistance in connection with your use of our Services
Facilitating contests, sweepstakes and promotions and processing and delivering entries and rewards
Enhancing your experience with our Sites
Responding to your comments, questions and requests and providing customer service
Complying with our contractual and legal obligations, resolving disputes with users, enforcing our agreements
Monitoring and analyzing trends, usage and activities in connection with the Sites
Linking or combining Personal Information from our various sources of Personal Information (described above) to help us understand your needs and provide you with a better experience

Information about Third Party Tracking Tools

The companies we use for analytics and targeted advertising may use cookies, pixels, web beacons and other technologies to collect information about your use of the Sites and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked, and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on the Sites and other websites, and better understand your online activity.

More about social media integrations

For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the social media services that you use and that provide these features. In other words, Facebook, Instagram, Pinterest, Twitter, and similar services all have their own privacy policies that you should read. FlexCharging’s privacy policy doesn’t apply to them.

Controls over your Personal Information

We encourage you to read this section in full. But here are the links you may need if you want to make a request related to your Personal Information, so you have them handy:

Privacy Request Form

We do our best to give you reasonable controls over the Personal Information we collect from or about you as set forth below. If you reside in California, you may have legal rights with respect to your Personal Information, including those set forth under the California Consumer Privacy Act (“CCPA”). If you are a California resident, you can learn more about your privacy rights by clicking the button below.

California Consumers—CCPA

In order to protect the privacy of all FlexCharging customers and potential customers from across the United States, we will make our best effort to honor requests made non- California residents. Here are the types of requests you can make:

You may request to opt out of the “sale” of personal information. Whether or not you opt out of the “sale” of personal information, FlexCharging doesn’t allow marketing companies, advertisers, or anyone else to access to your Personal Information in exchange for payment. But some of FlexCharging’s information sharing practices may qualify as the “sale” of personal information, as “sale” is defined in the California Consumer Privacy Act. If you opt out of “sale,” we will no longer provide third parties with your information.

You may request access to the Personal Information that FlexCharging has collected about you during the previous 12 months, for a copy of Personal Information in a portable format, that FlexCharging delete Personal Information it has about you, and to opt-out of the sale of Personal Information.

You may make a request by emailing privacy@FlexCharging.com. Before we disclose or delete Personal Information in response to any of these requests, we will need to verify your identity. If you have an account with FlexCharging, we will verify your identity by having you log-in to your FlexCharging account. If you do not have an account with us, please provide your email address. Depending on the nature of your request, we may contact you for further information if appropriate to verify your identity. Note, however, that FlexCharging will never ask you for sensitive personal or financial information when verifying your identity, and no FlexCharging employee will ask you to tell them your password.

Under certain circumstances, we will not be able to fulfill your request, such as if it prevents us from completing a transaction you initiated, interferes with our regulatory obligations, affects legal matters including a FlexCharging user’s rights to data contained in their account, we cannot verify your identity, or compliance with your request is not legally required and would involve disproportionate cost or effort. For example, we may refuse to delete certain information if it would prevent us from providing services that you have requested, or information necessary to maintain your account with us if you continue as a customer. But in any event we will respond to your request within a reasonable timeframe and provide you with an explanation.

FlexCharging will not discriminate against anyone that makes a request to access, delete, or limit our use or sale of Personal Information, but in some cases we will not be able to provide our Services to you without that information.

More about the types of privacy rights requests you can make

Access: You can request more information about FlexCharging’s processing of your Personal Information during the previous 12 months. Your request can include:

the categories and specific pieces of Personal Information we collected from you,
why we collected that information,
the categories of third parties from which we received Personal Information about you,
the categories of third parties with whom we shared that information, and/or
the categories of third parties to whom we may have sold that information during the previous 12 months.

Portability: You can request a copy of your Personal Information that we have collected about you in a machine-readable format.

Deletion: You can request that we erase some or all of your Personal Information from our systems.

Please be aware that your request to delete Personal Information may not cover all of the Personal Information in FlexCharging’s possession. We will continue to retain Personal Information that we use to provide our Services to you, preserve the security and functionality of our Services, protect our legal rights, and internally for other legitimate business purposes that are consistent with the reason why you provided us with the Personal Information and reasonable expectations.

Opt-Out of “Sales”: You can ask us not to sell your Personal Information by clicking on the “Privacy Request From” link above. You can also use an authorized agent to submit a request to opt-out on your behalf if you provide the agent written permission to do so. We may require the agent to submit proof that you have authorized them to submit an opt-out request.

If you opt out of the “sale” of information, we will alter or suspend our information sharing with businesses that offer services to FlexCharging (like serving advertisements on our behalf across the Internet, serving personalized ads on our website, and providing analytics services) but that have not promised to use all Personal Information that we provide them solely in connection with FlexCharging’s Sites and Services.

Additional State Privacy Rights

In addition to California, certain state privacy laws may provide their residents with additional rights regarding the use of their personal data. 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. For additional information, see “Access” above.
Data portability. For additional information, see “Portability” above.
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 please use our Privacy Request form button above, or email us at privacy@FlexCharging.com. To appeal a decision regarding a consumer rights request email us at privacy@FlexCharging.com.

Communications preferences

We may send you communications (including emails, phone calls, text messages, push notifications, and snail mail) to your account. We need the ability to send you these communications to offer the Services, so we do not allow you turn them off entirely. But you can let us know if you have a preferred method for receiving these communications by changing the Notification Settings in your account, disabling push notifications as described below, or contacting us. We try our best to honor your reasonable preferences about communications.

We may also send additional communications about the Services, such as newsletters and additional options that may be of interest to you. We do our best to only send this type of communication to people who want to receive it. If you would like to discontinue receiving these communications, you can update your preferences by using the “Unsubscribe” link found in such emails or by contacting us using the information in the “Contact Us” section of this policy.

More about disabling push notifications

Note that discontinuing push messages typically requires you to change your settings on your device. Each type of device operates differently, so please check your user manual if you’re having trouble.

Data retention

How long we retain your Personal Information depends on the type of data and the purpose for which we process the data. We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.

Security of your Personal Information

FlexCharging is committed to protecting the Personal Information you share with us. We utilize a combination of industry-standard security technologies, procedures, and organizational measures to help protect your Personal Information from unauthorized access, use, or disclosure.

EU Privacy Notice

If you are a resident of the European Union you may have additional privacy rights in addition to what was described herein. You can read more about them below.

If you have any questions or comments related to this privacy policy, please send an email to our data privacy function at privacy@FlexCharging.com.

Dispute Resolution

If we are unable to resolve any issues, we have designated VeraSafe to address complaints and provide recourse. To file a complaint with VeraSafe and participate in the VeraSafe Dispute Resolution Procedure, please submit the required information here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/

Under certain circumstances you may be entitled to invoke binding arbitration where your claim was not resolved by us, through our dispute resolution provider, or the FTC. In such case, you may invoke arbitration to resolve the issue.

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FlexCharging, Inc. Privacy Notice for EU Residents

In addition to the rights and policies stated in our primary privacy policy, EU residents may have additional rights with regard to the Personal Information.

Processing. We process your personal information on one or more of the following legal bases:

As necessary to enter into a contract with you or a legal entity you represent, to perform our contractual obligations, to provide our services, to respond to requests from you, or to provide customer support;
where we have a legitimate interest, as described in this Privacy Policy (see Why we collect Personal Information);
as necessary to comply with relevant law and legal obligations, including to respond to lawful requests and orders; or with your consent.

Your Rights. As a Resident of the EU, you have certain rights over the use of your data. These rights include:

Right to Know. You have the right to ask whether we hold personal information about you and request copies of such personal information and information about how it is processed.
Right to Correction. You have the right to request that inaccurate personal information is corrected.
Right to Deletion. You have the right to request deletion of personal information that is no longer necessary for the purposes underlying the processing, processed based on withdrawn consent, or processed in non-compliance with applicable legal requirements.
Right to Stop Inappropriate Processing. You have the right to request us to restrict the processing of personal information where the processing is inappropriate.
Right to Objection. You have the right to object to the processing of personal information.
Right to Portability. You have the right to request portability of personal information that you have provided to us (which does not include information derived from the collected information), where the processing of such personal information is based on consent or a contract with you and is carried out by automated means.

If you wish to exercise any of these rights, you can do so by contacting us at privacy@flexcharging.com.

When you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time, and we will stop any further processing of your data for that purpose.

Privacy Policy

FLEXCHARGING, INC. PRIVACY POLICY

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