privacy policy - Xova Charging

Last Updated: April 2024

Introduction

1.1 Xova Charging is dedicated to protecting the privacy of our website visitors and mobile application users. This policy outlines how Xova Charging will manage your personal information.
1.2 By utilizing the Xova Charging mobile app and/or any of the Xova Charging websites or portals, you consent to the collection, use, and disclosure of your personal information in accordance with the terms of this policy. You agree to our use of cookies and the collection of location-based information as stipulated by this policy.

2. Collecting Personal Information

2.1 Xova Charging may collect the following types of personal information from you through these methods:

Information about your device and 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 when registering with our website, user portals, or mobile applications (including your email address, mobile phone number, and other contact details);
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 for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address);
Information that you provide when using the services on our website or mobile app, or that is generated in the course of the use of Xova Charging’s services (including the timing, frequency, and pattern of vehicle charging, location data);
Information related to any purchases you make of Xova Charging goods and services or any other transactions you enter into through our website, user portal, or mobile apps (excluding credit card information);
Information that you post to our website for publication on the internet (including your username, profile pictures, and the content of your posts);
Information contained in or related to any communication that you send to Xova Charging or through the Xova Charging website, user portals, or mobile apps;
And any other personal information that you choose to send to or share with Xova Charging.

2.2 Before you disclose to Xova Charging the personal information of another person, you must obtain that person’s consent to the collection, use, disclosure, and processing of that personal information in accordance with this policy.

3. Using Personal Information

3.1 Personal information submitted to Xova Charging 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 Xova Charging may use your personal information to:

Aminister our website and business;
Prsonalize the Xova Charging website, user portals, and mobile apps for you;
Enable your use of the services available on the website, user portals, and mobile apps;
Send you goods purchased through the website, user portals, and mobile apps;
Supply you with services purchased through the 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 our email newsletter, if requested (you can inform us at any time if you no longer require the newsletter);
Send you marketing communications related to our business or the businesses of carefully-selected 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;
Provide third parties with statistical information about our users (but these third parties will not be able to identify any individual user from that information);
Deal with enquiries and complaints made by or about you relating to our website or services;
Keep our website secure and prevent fraud; and
Verify compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our website private messaging service).

3.3 If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.

3.4 Xova Charging will not, without your express consent, supply your personal information to any third party for their or any other third party’s direct marketing.

3.5 All Xova Charging 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. Xova Charging will share information with its payment services provider only to the extent necessary for the purposes of processing payments you make via the Xova Charging 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 Xova Charging may disclose your personal information to our employees, officers, insurers, professional advisers, agents, suppliers, or subcontractors as reasonably necessary for the purposes set out in this policy.
4.2 Xova Charging may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company, and all its subsidiaries) as reasonably necessary for the purposes set out in this policy.
4.3 Xova Charging may disclose your personal information:

To the extent required by law pursuant to a warrant or court order;
In connection with any ongoing or prospective legal proceedings;
To establish, exercise, or defend Xova Charging’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, Xova Charging will not provide your personal information to third parties.

5. International Data Transfers

5.1 Information that Xova Charging 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 Xova Charging’s website or submit for publication on Xova Charging’s website may be available, via the internet, around the world. Xova Charging 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 Xova Charging’s data retention policies and procedure, which are designed to help ensure that Xova Charging complies with legal obligations regarding the retention and deletion of personal information.
6.2 Personal information that Xova Charging collects for any purpose or purposes shall not be kept for longer than is necessary for those purposes.
6.3 Notwithstanding the other provisions of this section, Xova Charging will retain documents (including electronic documents) containing personal data:

To the extent that we are required to do so by law;
If Xova Charging believes that the documents may be relevant to any ongoing or prospective legal proceedings; and
In order to establish, exercise, or defend Xova Charging’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 Xova Charging will take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of your personal information.
7.2 Xova Charging will store all the personal information you provide on our secure (password- and firewall-protected) servers.
7.3 All electronic financial transactions entered into through Xova Charging website will be protected by encryption technology.
7.4 You acknowledge that the transmission of information over the internet is inherently insecure, and Xova Charging cannot guarantee the security of data sent over the internet.
7.5 You are responsible for keeping the password you use for accessing our website confidential; Xova Charging will not ask you for your password (except when you log in to our website).

8. Amendments

8.1 Xova Charging may update this policy from time to time by publishing a new version on our website. 8.2 We will notify you of any changes to this policy by email, SMS, or within our mobile apps, or by publishing a prominent notice on our website.
8.2 We will notify you of any changes to this policy by email, SMS, or within our mobile apps, or by publishing a prominent notice on our website.

9. Your Rights

9.1 Unless your state’s laws require otherwise, You may instruct Xova Charging to provide you with any personal information we hold about you; provision of such information will be subject to:

The payment of a fee (currently fixed at US$50.00); and
The supply of appropriate evidence of your identity (for this purpose, Xova Charging will usually accept a photocopy of your passport plus an original copy of an utility bill showing your current address).

9.2 Xova Charging may withhold personal information that you request to the extent permitted by law.
9.3 You may instruct Xova Charging 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 Xova Charging use of your personal information for marketing purposes, or Xova Charging 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 Xova Charging website includes hyperlinks to, and details of, third-party websites. 10.2 Xova Charging has no control over, and are not responsible for, the privacy policies and practices of third parties.
10.2 Xova Charging 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 us know if the personal information that we hold about you needs to be corrected or updated.You may request that Xova Charging modify or correct any personal information that it holds about you for accuracy.

13. Our Details

13.1 The Xova Charging website, user portals, and mobile apps are owned and operated by Xova Charging, LLC.
13.2 Xova Charging is registered in Arkansas, and our registered office is located at 1335 Airport Rd, Suite J, Hot Springs, AR, 71913.
13.3 You can contact Xova Charging’s Privacy Officer:

by mail using the address above;
using the contact form within the Xova Charging website or mobile apps;
by telephone, at the contact number posted on the Xova Charging website; or
by email at info@xovacharging.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 the use and disclosure of personal information according to 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 at 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 become 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 EV Connect (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:

Category	Examples	Collected	Retention Period
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES	We keep this information only for so long as we need it to perform a contract or transaction with you or maintain an ongoing customer relationship with you, comply with any legal obligations and/or to bring or defend any legal claims
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES	We keep this information only for so long as we need it to perform a contract or transaction with you or maintain an ongoing customer relationship with you, comply with any legal obligations and/or to bring or defend any legal claims
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES	We keep this information only for so long as we need it to perform a contract or transaction with you or maintain an ongoing customer relationship with you, comply with any legal obligations and/or to bring or defend any legal claims
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES	We keep this information only for so long as we need it to perform a contract or transaction with you or maintain an ongoing customer relationship with you, comply with any legal obligations and/or to bring or defend any legal claims
G. Geolocation data.	Physical location or movements.	YES	We keep this information only for so long as we need it to perform a contract or transaction with you or maintain an ongoing customer relationship with you, comply with any legal obligations and/or to bring or defend any legal claims
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO
L. Sensitive Personal Information.	Sensitive personal information” means: (1) personal information that reveals (A) a consumer’s social security, driver’s license, state identification card, or passport number; (B) a consumer’s account log-In, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (C) a consumer’s precise geolocation; (D) a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership; (E) the contents of a consumer’s mall, email and text messages, unless the business is the intended recipient of the communication; (F) a consumer’s genetic data; and (2)(A) the processing of biometric information for the purpose of uniquely identifying a consumer; (B) personal information collected and analyzed concerning a consumer’s health; or (C) personal information collected and analyzed concerning a consumer’s sex life or sexual orientation.	YES	We keep this information only for so long as we need it to perform a contract or transaction with you or maintain an ongoing customer relationship with you, comply with any legal obligations and/or to bring or defend any legal claims

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

Directly from you. For instance, from forms you fill out, products and services you purchase, when you register on our site, or provide information to us.
Indirectly from you. For example, by observing your activities 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 for which the information was provided.
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 transaction fraud.
To offer support and respond to your inquiries, including to investigate and address your concerns and monitor and improve our service responses.
To personalize your experience on our Site and deliver content, 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 explained to you when collecting your personal information or as otherwise outlined in the CCPA or CPRA.
To assess 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 have collected for materially different, unrelated, or incompatible purposes without providing you with notice.

Sharing Personal Information

We may share your personal information by disclosing it to a third party for a business purpose. We engage in these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit the use of the disclosed information for any purpose other than performing the contract. In the past 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

Personal Information Category	Business Purpose Disclosures	Sales
A. Identifiers	Yes, to business partners.	None
B. California Customer Records personal information categories.	Yes, to business partners.	None
C. Protected classification characteristics under California or federal law.	None	None
D. Commercial information.	Yes, to business partners.	None
E. Biometric information.	None	None
F. Internet or other similar network activity.	Yes, to business partners.	None
G. Geolocation data.	Yes, to business partners.	None
H. Sensory data.	None	None
I. Professional or employment-related information.	None	None
J. Non-public education information.	None	None
K. Inferences drawn from other information.	None	None
L. Sensitive Personal Information	Yes, to service providers and business partners	None

Your Rights and Choices

The CCPA and/or CPRA grant consumers (California residents) specific rights concerning their personal information. This section outlines your CCPA rights and details 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 have collected about you.
The categories of sources for the personal information we have collected about you
Our business or commercial purposes for collecting or selling personal information.
The categories of third parties with whom we share personal information.
Sales, identifying the personal information categories that each category of recipient purchased; and
Disclosures for a business purpose, detailing the personal information categories each category of recipient obtained.
The specific pieces of personal information we have collected about you (also known as a data portability request).
If personal information was utilized for cross-context behavioral advertising.

Right to Delete

You have the right to request the deletion of your personal information that we have collected from you and retained, subject to certain exceptions (the “right to delete”). After receiving your request and confirming your identity, we will evaluate your request to determine 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:

Complete transactions, provide goods or services you requested, take actions within our ongoing business relationship, fulfill warranty terms, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity.
Debug to identify and repair functionality errors.
Exercise free speech, ensure others’ free speech rights, or exercise another right provided by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
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.
Enable solely internal uses reasonably aligned with your expectations based on your relationship with us.
Comply with legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or anonymize personal information not subject to one of these exceptions from our records and direct our service providers to do the same.

Right to Correct

You have the right to correct inaccurate data we hold about you.

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.

Exercising Your Rights to Know, Delete, or Correct

To exercise the rights to know, delete, or correct mentioned above, you may submit a request by:

Emailing us at legal@xovacharging.com
Mailing a letter to:

Xova Charging LLC.
Att. Head of Business Affairs

1335 Airport Rd, Suite J, Hot Springs, AR, 71913

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 privacy@xovacharging.com.

We aim to provide a meaningful response to a verifiable consumer request within forty-five (45) days after receiving it. Should we need additional time (up to 45 more days), we will notify you in writing of the reason for the delay and the extension period.

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.

Personal Information Sales and Sharing Opt-Out and Opt-In Rights and Limitation of Use of Sensitive Personal Information Rights

We do not sell or share personal information with third parties except with our service providers and contractors under contractual arrangements to keep the information confidential and only use it in connection with the services they are providing to us. We only use “sensitive personal information” to perform services or provide goods to customers who request such goods or services in the first place, including order fulfillment. We may also use “sensitive personal information” to ensure the security and integrity of our website, applications, and other platforms and operations or for other uses that are already permitted under the CPRA and are not uses that consumers may limit. We confirm that we will not use any “sensitive personal information” in a manner that the CPRA allows California consumers to limit.

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 legal@xovacharging.com or write us at:

Xova Charging, LLC.
Att. Head of Business Affairs
1335 Airport Rd, Suite J, Hot Springs, AR, 71913

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: legal@xovacharging.com

Postal Address:

Xova Charging, LLC.
Att. Head of Business Affairs
1335 Airport Rd, Suite J, Hot Springs, AR, 71913

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