Privacy

Effective Date: January 1, 2019

This Privacy Policy ("Policy") describes how Electrify Canada ("Company," “we,” or “us”) will collect, access, use, and disclose your personal information. It applies to all of our products, services, and websites, including our Electrify Canada mobile application and charging stations (collectively the "Services").

Data Collection

Personal Information

For the purposes of this Privacy Policy, the term “personal information” means any information that is defined to be personal information under applicable privacy laws. Usually, this refers to any information about an identifiable individual or any information that can be used to identify an individual.

Personal information may include, for example, your name and home address, your date of birth and gender, health information, your occupation, your personal financial records or credit information, or any personal identification numbers.

In most circumstances, personal information does not include the business contact information of a representative of an organization, such as the representative’s name, position or title, business address, business telephone number or business fax number. Publicly available information, such as information in a public directory, is not personal information under this Privacy Policy.

We collect personal information you voluntarily provide; for example, when you visit our websites, submit a proposal, use our app or online portal, create an account, charge your vehicle at one our charging stations, or contact us. Personal information we collect includes contact information (such as your first and last name, address, e-mail address, and phone number); payment card information (when you register for an Company account); professional information (such as your company name, title, and any other information you directly provide to us in connection with submitting a proposal on our website); and information about your vehicle, such as vehicle ID number (“VIN”).

If you participate in our promotional charging program through your vehicle manufacturer (“OEM”), we collect information from the OEM in order to enroll your vehicle and provide our Services. This information includes your VIN, name and contract information as well as the charging status of your vehicle.

Non-Personal Information

When you use our Services, we also may collect various non-personal information (i.e. information which is not used to identify you), including, but not limited to, the date and time you access our website, the website from which you linked to our website, IP address, your operating system and browser type, information about the type of device you use to access our mobile app, information about your charging session such as time, charging state, and location (if permitted through the app or online portal), as well as make and model of your car. Such information is used for a variety of purposes such as operating and improving our Services, analyzing demographic and statistical research about Service usage, and monitoring the Services for compliance with our terms of service and the law, as well as for other purposes, as described in this Policy.

This non-personal information may be collected through various technologies, including but not limited to cookies and web beacons.

Company may, from time to time, use “cookies” solely for security and authentication purposes. Cookies are small pieces of data which are stored on your computer or smart device to allow your Internet browser to remember something about a website and/or Services. At your option, you may turn off Company’s “cookies” using the applicable features contained in your Internet browser; however, doing so may prevent you from accessing all or part of Company’s Sites, products and/or Services. To readjust your Internet browser’s cookies options, refer to the applicable instruction documentation for your particular Internet browser.

Company may, from time to time, engage third parties to assist with the Site, and such third parties may track your usage, locate your geographic position, collect personal information, send messages to you on behalf of Company, push notifications to you, and use “cookies”, as discussed herein.

Company may use web beacons alone or in conjunction with cookies to compile information about you and your usage of the Site, as well as your interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular website tied to the web beacon, and a description of a website tied to the web beacon. For example, we may use web beacons to operate and improve the Site and email communications. We may use information from web beacons in combination with personal information about you to provide you with information about us and our products and Services

Company may also use service providers, such as Google Analytics, that may use cookies to collect information about your online activities across this and other sites over time for non-advertising purposes. To learn more about how Google Analytics collects and processes data and the choices Google may offer to control these activities, visit https://www.google.com/intl/en/policies/privacy/partners/.

Personal Information Use

We may use both personal and non-personal information that we collect from you for our business purposes. For example, we may use your information in the following ways:

  • To evaluate proposals submitted to our website;
  • To provide you with more relevant advertising and consumer education content;
  • To respond to your messages and requests;
  • To operate, maintain, and improve our Services, including to maintain security;
  • For our statistical, research, recordkeeping, and reporting purposes;
  • To personalize and improve your experience when you use our Services;
  • To monitor our Services for compliance with our terms of use;
  • For any other purpose identified at the point of collection.

When you provide permission online or through our app, we use location information tolocate the charging station closest to you and the ability to begin charging once you are within a specified proximity to the charger. With your permission, we may also use location information to provide relevant ads and offers to you.

Consent

Privacy legislation requires Company to obtain the consent of an individual to the collection, use, or disclosure of personal information in many circumstances.

By providing your personal information to Company, you agree that Company may collect, use, and disclose your personal information in accordance with this privacy policy and as otherwise permitted or required by law, and that Company may access, process and store your personal information in Canada or another jurisdiction.

When Company receives personal information from you for the purposes of providing you with Company’s Services or for other uses identified herein by Company, you are providing Company with consent as follows:

  1. to allow Company to deal with that personal information in a reasonable manner;
  2. to allow Company to provide your personal information to third parties it engages to provide or support Company’s Site or Services;
  3. to allow Company to use and store your personal information for the purpose of providing you with the products and Services you purchase from Company and to utilize the Site; and
  4. to allow Company to transfer your personal information outside of Canada (whereby your personal information will be treated in accordance with applicable foreign laws) for the purpose of storage and use of your personal information by Company.

If you need to provide Company with personal information about other individuals, you represent and warrant to Company that, where required by law and prior to your disclosure to Company, you will obtain the consent of each individual to the collection, use and disclosure by Company for the specific purpose(s) that the disclosure is made by you.

Providing Company with your personal information is always your choice. When you request products and/or Services from Company, utilize Company’s Services, or register with Company’s Site(s), Company asks that you provide information that enables Company to respond to your request and/or provide you with Company’s Services. In doing so, you consent to Company’s collection, use, and disclosure to appropriate third parties of such personal information for these purposes.

There are legal exceptions whereby Company will not need to obtain consent or explain the purposes for the collection, use or disclosure of personal information. Some examples of situations where consent is not required include an emergency that threatens the life, health, or security of an individual, or if Company must comply with a court order or governmental order.

If Company sells its organization or merges with another party, your consent will be implied to transfer your information to Company’s successor for the same purposes as set out in this privacy policy.

Data Sharing

We do not share personal information with unaffiliated third parties other than as follows:

  • With government entities including in connection with evaluating proposals, or as needed to provide our Services and where required by law;
  • With our affiliates and service providers;
  • Pursuant to a subpoena, court order, or other legal process;
  • To investigate, respond to, or resolve problems or inquiries (including law enforcement requests) or to protect, enforce, or defend our rights, assets, and/or interests;
  • As part of an acquisition or merger with another company, a partial or total sale of assets, or another corporate change, including at bankruptcy;
  • To prevent or respond to a violation of any law, regulation, or our terms of service; or
  • With your consent or as otherwise disclosed at the time of collection.

Third Party Websites and Apps

Our Services may contain links to third-party websites or mobile apps. Please be aware that we do not control these linked websites or apps, and that this Privacy Policy does not apply to those websites or apps. We encourage you to read the privacy notice of any third-party website or app you visit before providing information to its owner.

Disclosure of Personal Information

Company will only disclose your personal information for the purposes set out in this Privacy Policy.

In certain circumstances, Company may be required to provide personal information to third parties for legal or regulatory purposes. For example, under certain exceptional circumstance Company may have a legal duty or right to disclose personal information without the individual’s knowledge or consent. Various government agencies such as the Canada Revenue Agency, Human Rights Commission, Ontario Ministry of Finance, Ontario Ministry of Labour, etc. and law enforcement, have the authority to review our files and interview our staff when deemed necessary. These agencies have their own strict privacy obligations.

Marketing & Interest-Based Advertising Choices

You may choose how we contact you for marketing-related communications. You may request not to receive marketing from Company by sending an email to [email protected] or by using the “Unsubscribe” link in any marketing email you receive from us. We may still contact you for some purposes as permitted by applicable laws.

We have third-party advertising partners that may collect information about your visits to our Sites, digital properties and other non-affiliated websites and/or apps in order to provide advertisements to you on our properties and across other websites and apps. Some of those ads may be interest-based, meaning that they are intended to be relevant to you based on the information these ad networks collect about your visits to our Sites and digital properties and other non-affiliated web sites or apps over time.

To find out more about interest-based advertising and/or to opt out of the use of your information for this purpose, you may visit www.aboutads.info/choices.

Please note that if you use a different Internet browser or disable cookies on your browser, you may need to renew your opt-out choices, or may be unable to use all or parts of our Sites, Services, or products.

Children’s Privacy

Company does not knowingly collect personal information from visitors to our online Services under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information.

Public Forums

Company may provide bulletin boards, blogs, chat rooms, or other areas where users can post information or content for public viewing, on the Site. Any personal information or other content you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. Such information and content is not subject to this Privacy Policy; rather, such information and content is subject to our Terms of Use located at www.electrify-canada.ca/terms. We are not responsible for the personal information you choose to submit in these forums. You should be aware that such content and information may be made broadly available to the public.

Retention and Destruction of Personal Information

The amount of time Company will retain personal information varies, depending on the Services Company has provided and the nature of the personal information that Company holds. Company retains personal information for such period of time as is necessary for Company to maintain sufficient information so Company may respond to any issues that arise at a later date or as is required by law.

When personal information is no longer required by Company or by law, Company will either convert it into an aggregated non-identifying form or Company will appropriately destroy or erase the personal information in a manner that is in accordance with Company current policies and procedures.

Safeguarding Personal Information

Company employs reasonable physical, electronic and procedural safeguards that are designed to protect Company’s systems and personal information under Company’s control against unauthorized access and use. In accordance with appropriate industry standards in Canada, all safety and security measures are appropriate to the sensitivity level of the information collected.

Company may engage third party external servers as well as other external services, including cloud services and cloud compatible servers, and Company does not have any control over such external servers or services.

Electronic Communications

Email is frequently Company’s preferred method of communicating with you and others, and, unless you object, Company may use unencrypted plain text or html-based emails or messages when communicating with you. These emails or messages, and other electronic means by which Company may communicate with you, may contain information that is confidential, unless you instruct Company not to send such information electronically. Some Services may not be available to you if you instruct Company not to send some types of emails or electronic communications to you. Company may communicate with you through other electronic means, in accordance with the contact information you provide to Company.

While Company makes every effort to secure all electronic communications within Company’s control, there are inherent risks involved with exchanging information electronically. For example, such information may be accidentally or deliberately intercepted by third parties. Company is unable to accept any responsibility or liability for any damages you may suffer as a result of the interception, alteration or misuse of any information during any electronic exchange of such information.

Company will endeavour to be compliant with Canada’s Anti-Spam laws (“CASL”) in Company’s commercial electronic communication with you. Should you fail to provide Company with the requisite consent to send you commercial electronic messages, or withdraw such consent, Company may be unable to provide, or continue to provide, the Site or some of Company’s products and/or Services that can only be provided if Company receives appropriate and required personal information. CASL consent can be provided or withdrawn at: [email protected].

Keeping Information Accurate / Access and Correction

It is important to Company that your personal information held by Company is accurate and complete. Having accurate information about you enables Company to give you better service. You can help Company keep personal information up-to-date by keeping Company informed of any changes, such as a change of address, telephone number or any other circumstances.

With some exceptions, Company has the right to access, verify and amend the information Company has about you after Company has received your written request and authenticated your identity.

Company may charge a reasonable fee for providing information in response to an access request, and, upon request, Company will provide an estimate of any such fee upon receiving a request to access information. Company may require a deposit for all or part of the fee.

Where applicable or permitted, Company will make the information available within 30 days or provide written notice when Company requires additional time to respond to a request for access to information.

In some situations, Company may not be able to provide access to certain personal information as the right to access personal information is not absolute. If Company does not provide you with the requested information, Company will notify you in writing and explain Company’s reason(s) for not fulfilling your request.

Despite Company’s efforts, errors sometimes do occur. If you identify any personal information that is out-of-date, incorrect or incomplete, let Company know and Company will make the corrections promptly and use every reasonable effort to communicate these changes to other parties who may have inadvertently received incorrect or out-of-date personal information from Company. Company will note errors, incomplete information or unresolved differences in information collected in any file it has relating to you.

Withdrawal of Consent

You may, at any time, withdraw your consent to Company’s collection, use, and disclosure of your personal information, subject to reasonable notice and any legal and/or contractual restrictions.

Should you choose to withdraw your consent, Company may be unable to provide, or continue to provide, the Site or some of Company’s products and/or Services that can only be provided if Company receives appropriate and required personal information. Consequently, should you choose not to provide Company with the required personal information, Company may be unable to offer the Site and such products and/or Services to you.

Updating this Privacy Policy

We may change this Privacy Policy from time to time. We will post changes at www.electrify-canada.ca/privacy, or as otherwise required by law. We suggest that you periodically revisit this Privacy Policy to stay informed of any changes.

Contact Us

If you have questions regarding our privacy notice or information practices, please contact us at [email protected].

Successors and Assigns

Company’s successors and assigns may collect, use, and disclose your personal information for substantially similar purposes as described in this privacy policy.

© Electrify Canada, 2019.