EvoCharge Inc.

Privacy and Cookie Notice

Last Updated: November 11, 2022

Your privacy is important to EvoCharge Inc. (“EvoCharge,” “we,” “us” or “our”) as is your trust in EvoCharge’s products and services. As part of our commitment to use the information you share with us responsibly, we want you to be familiar with how we collect, use, and disclose information that relates to you, your computer, or your device and that enables your identification (“Personal Information”).

EvoCharge operates or provides access to our website, mobile application, and other online interactive features and services, including emails and social media pages (collectively, “Services”). This Privacy Notice describes how we process Personal Information about you that we collect through the Service operated and controlled by us from which you are accessing this Notice. This Notice does not apply to information that we collect offline, such as over the telephone or in person.

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY. When you submit information to or through the Services, you consent to the collection and processing of your information as described in this Privacy Notice. By using the Services, you accept the terms of this Privacy Notice and consent to our collection, use, disclosure and retention of your information as described in this Privacy Notice.

1. WHAT INFORMATION DO WE COLLECT ABOUT YOU?

Some parts of the Services may ask you to submit Personal Information for you to benefit from the specified features or to participate in a particular activity. For example, you may voluntarily provide Personal Information to us in the following ways:

• Contact Us Forms and Correspondence:  If you contact us, we may keep a record of that correspondence. For example, we collect the information that you provide on the “contact us” form available on the Services.

• Registration for an Account:  If you register for an account with us, as part of that registration, we will collect your name, email address, postal address, username, password, and telephone number. If you register for a commercial account, we will collect the information in your business tax ID document.

• Use of EvoCharge: When you use EvoCharge, we may collect charging station information, including location, serial number, software version, hardware version, firmware version, model number, as well as your electric vehicle’s make, model, and year, as well as information regarding your use of the charging station.

• Transaction Information: We may act as a payment processor on behalf of the owner of a charging station that you use (the “Host”). When you pay for the use of a charging station through the Services, we obtain from you the information we need to complete your transaction. This may include your name, billing address, email address, and credit card number. We may also retain details of your specific transactions with us.

• Careers: Some areas of the Services may allow you to submit information related to job opportunities with EvoCharge, in which case we collect the information that you submit to us to be considered for employment opportunities.

• Chat Assistance Features: The Services may allow you to chat with a representative of EvoCharge if you need assistance with the Services. The chat functionality may create a transcript of your chat conversation that will be retained by EvoCharge, which transcript may include any Personal Information that you provide or post through the chat assistance features.

• Subscribe to Mailing List: If you subscribe to our mailing list, we will collect your email address.

• Consent Records: If we ask for your permission to take an action, we will retain a record of the consents you have given, together with the date and time, means of consent, and any related information, such as the subject matter of the consent. 

• Other information you voluntarily provide: If you fill out forms on the Services or participate in activities, we will collect the information you voluntarily provide or that is described at the point where the information is collected. For example, if you post on our social media page, we collect the information that you provide in the post.

We may combine Personal Information received through the Services with other information we have collected from or about you, whether on-line or off-line. We treat the combined information in accordance with this Notice. For example, we may collect information that is publicly available from product records and applications provided by our affiliates, distributors, dealers and other sources, such as companies that provide lists of potential product purchasers, if such companies are permitted to share your information with us. We may combine information that we receive from the various sources described in this Privacy Notice, including third-party sources, with information you provide and use or share it for the purposes identified in this Notice.

Through your use of the Services, we may also gather information about your use of the Services that does not identify you directly but may identify your computer or device. Generally, this information is collected through what we refer to in this Notice as “Traffic Data.” We may collect and store such Traffic Data automatically whenever you interact with the Services. For example, we may collect your IP address, the hostname of your computer, browser information and reference site domain name every time you use our website. We may collect information regarding user traffic patterns and Service usage. This Traffic Data does not contain information that directly identifies you, though it may identify your computer or device. Traffic Data is used to analyze and improve the Services, to provide you with a better experience with the Services, and to show you information tailored to you. Please see the section below in this Notice regarding Passive Information Collection for more information about our use of cookies and other technologies.

2. HOW DO WE USE THE INFORMATION WE COLLECT FROM YOU?

We use Personal Information submitted by you or otherwise collected through the Services for the purposes described in this Notice and as otherwise described to you at the point of collection. Generally, we use the information you provide for the reason for which it was provided. For example, if you contact us by e-mail, we will use the Personal Information you provide to answer your question or resolve your problem and will respond to the email address from which the contact came. We may also use Personal Information about you as specifically described below:

• Requests, Inquiries, and Applications:  We may use your Personal Information to process, evaluate, and respond to your requests, inquiries, and applications. So, for example, if you provide us with Personal Information to register for an account, we will use your information to create and manage your account. If you submit information through the careers portion of our Services in order to apply for a position, we will use the information that you submitted to consider you for current and future employment opportunities with EvoCharge.

• Manage Our Relationship With You:  We may use your Personal Information to facilitate your use of our Services and your account, and to send you important information regarding our relationship with you or regarding the Services, such as information about changes to our terms, conditions, policies, and other administrative information.

• Purchases: If you make a purchase through the Services, we will use your Personal Information to complete and fulfill your purchase, including to process your payment, deliver the purchased item or service to you, and provide you with related customer service.

• Personalization:  We may use your Personal Information, including your history with us, to personalize your experience and to deliver content relevant to you.

• Internal Operations: We may use your Personal Information for internal business purposes, including without limitation, to help us operate, evaluate, and improve the quality of the Services; to develop new products, services, and features; to better understand those individuals that utilize the Services; to verify your identity; to determine the effectiveness of our promotional campaigns; to prevent, protect against, identify, or address fraud, unauthorized activity, claims, liabilities, and other wrongdoing; to provide you with customer service; and to generally manage our operations.

• Utilization Reports: We may analyze your usage of Evocharge to prepare reports that contain data and insights regarding energy use that may be of interest to Hosts, our partners, and third parties, such as utilities.

• Power Management: We may share Personal Information about your use of a charging station with applicable utilities, distributed energy resource management systems (DERMs), and other energy service organizations to meet power management obligations. 

• Traffic Data:  We may use Traffic Data to perform data analytics and to personalize your experience on the Services. To learn more about how we use Traffic Data, please see Section 4 of this Notice.

• Legal Requirements and Contractual Obligations:  We may use your Personal Information as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

• For any other purpose specified at the point of collection.

We may use non-personal information or aggregate information that does not identify an individual without restriction, and we may share such information with third parties. 

3. WITH WHOM DO WE SHARE YOUR INFORMATION?

EvoCharge may share the information it collects about you in the following ways:

• with our services providers who work on our behalf to perform the functions for which we engage them. For example, we may engage service providers to host the Service or assist us in providing functionality on the Service, provide data analysis and research on the Service and send out email updates about the Service and/or our products and services.

• if you are the user of a charging station that belongs to a Host, we may provide information regarding your use of the charging station to the Host.

• with third parties to manage and understand energy use. For example, we may create and share energy utilization reports with third parties such as utilities and distributed energy resource management systems (DERMs), which reports may include information about the energy use at your address.

• in connection with a merger, acquisition, reorganization, liquidation, sale, transfer or financing of a significant part of EvoCharge’s business or assets, including any such activities associated with a bankruptcy proceeding.

• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a law enforcement request.

• as required by law, such as in conjunction with a subpoena, government inquiry, litigation, dispute resolution or similar legal process.

• As described at the point of collection.

Apart from the purposes listed above, EvoCharge will not share information about you with third parties for their independent use without your prior consent. EvoCharge does not share your personal information with third parties for those third parties’ direct marketing purposes.

4.  COOKIES AND OTHER PASSIVE COLLECTION TECHNOLOGIES

As you navigate the Services, certain Traffic Data may be passively collected, meaning it is gathered without your actively providing it.

Device identifiers:  If you access the Services through a mobile device or other network-connected product, certain information may be collected about that device, including your device type, network service provider, and other identifiers. We may collect unique device identifiers (such as IDFA and AID tags and UUID and UDID identifiers) associated with the devices you use to access the Services. You can disable this in the privacy settings on your device. We provide more information on how we use this information below in the section on Google Analytics/Firebase Analytics.

Using cookies and technologies similar to cookies:  Like many organizations, our Services may use “cookies” and technologies similar to cookies to help make sure the Services are meeting the needs of our users and to help us make improvements and to personalize your experience on the Services. Cookies are bits of text that are placed on your computer’s hard drive when you visit a website or interact with an email. We may use cookies or other similar tracking technologies set by us on the Services to tell us, for example, whether you have visited us before or if you are a new visitor or the parts of the Services that you use or if you opened an email from us. Cookies may also be used to ensure that the Services appear correctly on your device. We provide more information on how we use this information below in the section on Google Analytics.

You can refuse our use of some or all cookies by turning off the use of cookies in your web browser. If you use your browser settings to block all types of cookies you may not be able to access all or parts of our Services or functionality may be limited.

You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies.

Changing your internet browser settings can prevent the use of cookies. Each browser has a different procedure for disabling the use of cookies. The Help function within your browser should tell you how. Alternatively, you may visit http://www.aboutcookies.org where you can review information on how to control cookies on a variety of browsers.

Google Analytics/ Firebase Analytics: We use Google Analytics for Firebase or Firebase Analytics to collect information about how visitors use the Services, including how long you spend on each page of our Services, and how you got to the Services. Identifiers such as cookies and app instance IDs are used by Google Analytics / Firebase Analytics to measure user interactions with the Services and IP addresses are used to provide and protect the security of the Services and to give us a sense of where in the world our users come from.. We do not use data collected by cookies or similar tracking technologies to identify who you are, but we do use certain demographic information such as your age range (e.g., 18-24 years old), your gender, and the country in which you reside to better understand the users of the Services.  Google Analytics may also use cookies, web beacons and other storage technologies to collect or receive information from our Services and elsewhere on the Internet to use such information to enable us to create targeted advertisements and measure the effectiveness of our ads. For additional information on ad targeting and to opt-out of the collection and use of information for ad targeting, please visit https://optout.aboutads.info/?c=2&lang=EN. Please note that even if you opt-out of ad targeting, you may continue to see our online advertisements; however, these ads may not be as relevant to you.

You can visit Safeguarding your data – Analytics Help (google.com) to learn more about Google Analytics’ use of cookies. You can visit https://tools.google.com/dlpage/gaoptout for information on how to opt out of Google Analytics cookies.

Google Analytics for Firebase collects mobile device identifiers (for example, Android Advertising ID and Advertising Identifier for iOS). You can disable this in the privacy settings on your device.

Although our use of passive collection technologies may change over time as technology evolves, the above descriptions are designed to provide you with additional detail about our current approach to information collected from passive technologies.

5.  YOUR RIGHTS AND CHOICES

If you have subscribed to a particular email or other communication from EvoCharge, You may “opt out” of receiving these electronic communications by following the instructions in the message that you receive, or by sending an email to evochargesales@phillipsandtemro.com indicating which communications you no longer wish to receive.

You can opt out from certain cookie-related processing as described in Section 4 of this Notice.

6.  SAFEGUARDING YOUR INFORMATION

We maintain reasonable and adequate technical, administrative and physical security and confidentiality measures designed to help protect your information from unauthorized access or acquisition.

The transmission of information via the Internet can never be guaranteed to be completely secure. While EvoCharge will do our best to protect your personal information, we cannot absolutely guarantee the security of any data transmitted to our Service. Any transmission of data is made at your own risk.

7.  THIRD PARTY SERVICES, APPLICATIONS AND WEBSITES

Through the use of the Service, you may be able to access third party services, applications and websites not controlled by EvoCharge or covered by this Privacy Notice, such as distributors, co-branded websites offered in conjunction with a business partner or independent product review sites. We recommend that you carefully review the privacy statements of other third-party services, applications and websites before providing any personal information. EvoCharge is not responsible for the information practices of such third-party services, applications and websites.

8.  SOCIAL MEDIA

EvoCharge supports third party widgets such as but not limited to Facebook, Instagram, LinkedIn, YouTube and Twitter buttons on the website that allow users to share information on different platforms. These widgets may collect your IP address, which pages you are visiting on our Service, and may set a cookie to enable the widgets to function properly. Your interactions with these widgets are not governed by this Privacy Notice, but the privacy policies available on the websites of those social media networks.

EvoCharge users may engage with EvoCharge on social media sites, such as Facebook and Twitter. We do not control how those social media sites may collect, use, and disclose any Personal Information that you share on their platforms. Each third-party social media site’s use of your Personal Information is governed by its own separate privacy policy, which is available on the applicable social media site. EvoCharge also does not control, and we take no responsibility for, how other users of those social medial sites will use and share the Personal Information that you share on social media pages.

9.  DO NOT TRACK

Our Service does not currently take any action when it receives a Do Not Track request. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For details, including how to turn on Do Not Track, visit www.donottrack.us.

10.  CHILDREN

We do not knowingly collect or maintain personal information from any person under the age of thirteen. No parts of our Service are directed to or designed to attract anyone under the age of thirteen.

11.  QUESTIONS / CONTACT US

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

9700 West 74th Street

Eden Prairie, MN 55344

952-829-2300 or 888-653-0160

12.  UPDATES TO THIS PRIVACY POLICY

We may update this Privacy Notice from time to time. We will do so by posting additions or modifications to this page. Accordingly, please refer back to this page frequently as it may change. In certain circumstances, EvoCharge may, but need not, provide you with additional notice of such modifications, such as via email. Where required by applicable law, we will apply changes only with your consent.