RecurrentMotors, Inc. (“Recurrent,” “we,” or “us”) provides this Privacy Notice to explain our practices relating to our collection, use, processing and sharing of information we collect from you, or that you may provide to Recurrent (either directly or via a third party acting on your behalf) when you visit our website (www.recurrentauto.com) (the “RecurrentSite”) or interact with us via our related services (collectively with the Recurrent Site, the “Service”). This Privacy Notice is incorporated intoand forms a part of our Terms of Service (www.recurrentauto.com/terms). Capitalized terms used in this Privacy Notice but not defined have the definitions assigned to them in the Recurrent Terms of Service.
This Privacy Notice applies to information that Recurrent collects: on or throughthe Recurrent Site; in email, text and other electronic communications between you and Recurrent; through use of any software applications we may provide toyou as part of the Service (including from third-party data service provider Smartcar when you authorize such collection); and when you interact with our advertising on third-party websites and services. This Privacy Notice does not address, and Recurrent is not responsible for, the policies and practices of third parties, including policies and practices related to privacy and security, data collection, processing, use, storage, and disclosure. This includes: (a) any third-party websites or services not provided by Recurrent as part of the Service (including, but not limited to, a connected services account with your vehicle manufacturer); or (b) any app provider or social media platform provider (such as Facebook or Twitter) - including any personal information you disclose to other organizations through or in connection with use of the Recurrent Site.
Please read this Privacy Notice carefully. By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you certify that you have read, understood, and agree to be bound by the Terms(www.recurrentauto.com/terms) and to the collection and use of your informationin our Privacy Policy. Recurrent provides some services only pursuant to a separate written agreement (a “Service Agreement”). If you have entered into a Service Agreement with Recurrent, the terms and conditions of the Service Agreement, not the Terms, will govern Recurrent’s provision to you, and your use of, the services provided by Recurrent to you under the Service Agreement.
1. INFORMATION COLLECTED
1.1.Personal Data Provided by You. We may collect certain information thatpersonally identifies you or in conjunction with other information can identify you ("Personal Data") when you provide such information to us directly, such as by submitting contact forms or support requests to us directly. “Personal Data” may include your name, address, email address, telephone number, payment information, your responses to surveys or online forms, your location, and other information that you choose to submit when you interact or communicate with us; however, it may also include information described in Sections 1.2 and 1.3 below.
1.2.Device, Log and Similar Data. We may collect information about your device orusage of our Service. This information may include, but is not limited to, your Internet Protocol (IP) address, internet service provider or mobile carrier, operating system, browser type, device type, location, language, referring website, application or ad, log files, time and date stamps, pages and files on the Recurrent Site that you view, links you click on, and crash or bug reports with error causing or non-executing code texts and functions. Some of this information, either alone or in connection with other information we collect, could personally identify you.
1.3.Vehicle Data. If you elect to use certain features of our Service, we may collect information about your vehicle (collectively, “Vehicle Data”), including but not limited to: vehicle make, vehicle model, vehicle year, trim, vehicle identification number (VIN), current odometer, current state of charge, current charging status, and current range estimate. Data about your vehicle that qualifies as Personal Data is handled as described in this Privacy Notice.
2. HOW WE COLLECT INFORMATION
2.1.Your Communications. We collect information, which may include Personal Data, when you: contact us to request information about our services; request customer support; use a “contact us” or similar feature; send us feedback; orotherwise communicate with us (including without limitation through email, via messaging platforms, and through social media platforms).
2.2.Subscriptions and Responses. We collect information, which may include Personal Data, when you subscribe to receive newsletters or other periodic updates from us, respond to questions or surveys, or post to discussion boards or forums.
2.3.Interactions with the Service. We collect information, such as device, log and similar data, and may include Personal Data, automatically when you navigate orinteract with our Service, our services or emails.
2.4.Cookies. Recurrent, and third parties providing services to Recurrent, utilize certain technologies to recognize you when you use the Recurrent Site, track your interactions with the Recurrent Site, personalize your experience, and forour marketing purposes (such as interest-based advertising, ad targeting, and delivery optimization). These technologies include devices such as cookies, web beacons, pixels and similar devices. Cookies are small data files we transfer to your computer hard drive. We utilize some cookies that remain on your computer after you leave the Recurrent Site so that we can recognize you when you return. We also utilize session cookies to enable certain features of the Recurrent Site, to better understand how users interact with the Recurrent Site and monitor use of the Recurrent Site users and web traffic to the website. Session cookies are deleted from your computer when you log off from theRecurrent Site and close your browser. You maintain control over some of theinformation we collect through the use of cookies, and you can set yourpreferences regarding the use of cookies through your browser settings or byinteracting with our cookie banner. If you choose not to accept non-essential cookies, you may not be able to access portions of the Recurrent Site or usecertain functionality of the Recurrent Site. Use of cookies helps us to improveour Recurrent Site and to deliver a better and more personalized service. 2.5.Third Parties. Recurrent may also obtain Personal Data about you from thirdparties. For example, our business partners or service providers may provide usinformation about you. Such information may be collected offline, online orfrom publicly or commercially available resources. We may combine information we collect from you with information we receive from third parties. For example, we may combine information we have collected offline from third parties with information we collect from your use of our Service.
If you use the electric vehicle battery analytics features of our Service for your vehicle, we may disclose Vehicle Data to third-party service providers that provide services in connection with enabling us to provide the features of the Service that you have requested, to engage in the use and disclosure ofpersonal information as permitted by this Privacy Notice, and as may be otherwise required or permitted by applicable law. We may also collect andprocess vehicle telemetry data if you expressly authorize use of the SmartCarAPI within our Service, subject to the user permissions and preferences that you have set for the Service. We will not disclose your Personal Information to any other third parties except for the purposes and processing activities described in this Privacy Notice.
3. USE OF INFORMATION WE COLLECT
3.1.Operation and Improvement of our Service. We use your information, including Personal Data, to operate our business and provide the Service to you. We may also use your information to develop new features, products or services and to improve the quality of our products or services.
3.2.Responding to Communications. We use your information, including Personal Data,to respond to your communications to us, including communications submittedthrough the Recurrent Site (such as through forms) or via email.
3.3.Customer Service and Technical Support. We use your information, including Personal Data, to provide customer service and technical support for our Service.
3.4.Advertising and Marketing. We may use your information, including Personal Data, to send you marketing communications or provide advertising promoting our Service. If you do not wish to receive such communications, you can choose to opt-out of receipt using the unsubscribe link within each communication.
3.5.Statistical Modeling. We may process your Vehicle Data (as described in Section 1.3) in conjunction with information from other vehicles to generate derivedand aggregate data for research and analytical purposes. Derived and aggregate data generated from your Vehicle Data does not relate to you or identify you as an individual; as such, it is not Personal Data subject to this Privacy Policy. By making your Vehicle Data available to the Service, you consent to the aggregation, anonymization, and de-identification of your Vehicle Data (such that it is can no longer be used to identify any individual natural person), and Recurrent’s use of such de-identified, aggregated, and anonymized data forthe purpose of providing, maintaining, and improving the Service, and otherwise for Recurrent's internal use, As between Recurrent and you, Recurrent has sole ownership of any such de-identified, aggregated, and anonymized data.3.6. For Enforcement or Maintenance of Agreements. We may use your information, including Personal Data, to carry out our obligations and enforce our rights underagreements between you and Recurrent, or to advise you of changes to our terms, conditions or policies.
3.7.Security. We may use your information, including Personal Data, to investigate suspicious activity related to our Service, to enforce our Terms or applicable Service Agreement, or as otherwise necessary to protect our legitimate interestin promoting the safety and security of our Service and its systems, applications, and users.
3.8.Complying with Legal Obligations. We may use your information, including Personal Data, when necessary to cooperate with public and government authorities, courts or regulators to the extent doing so requires the use or disclosure of information to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our Service, protecting our personal property or safety or that of third parties, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, responding to lawful requests, or for auditing purposes.
3.9.Other Authorized Purposes. We may use your information, including Personal Data, for any other purpose for which you have provided Recurrent authorizationto use the information.
4. INFORMATION SHARING AND DISCLOSURE
4.1.Upon Consent. We may share your information, including Personal Data, with third parties if you provide us with authorization to do so or if necessary to provide you with services you’ve requested. Some features of our Recurrent Site may provide you with the option to share information publicly or with specific third parties, in which case we would make such information available in accordance with the options you elect.
4.2.Third Parties. We may share your Personal Data (including Vehicle Data) with third-party service providers who assist us in providing the Service and operating our business. This may include third-party service providers that provide web hosting, subscription management, payment processing, customer research and analytics, discussion groups or forums, and customer support. If we share your Personal Data with third-party service providers, we require those service providers to maintain the confidentiality of the Personal Data we provide to them, and to not use the Personal Data we share with them for purposes other than the services they are providing to us. Note, however, that we may share derived and aggregate analytical data based on Vehicle Data with third parties for their analytical purposes.
4.3.Professional Advisors. We may disclose your information, including PersonalData, with professional advisors such as our lawyers, bankers, auditors, and insurers to the extent we are legally obliged to disclose such information or have a legitimate interest in sharing your Personal Data.
4.4.Responses to Legal Process, Subpoenas or Court Orders. We may disclose your information, including Personal Data, as required by law, such as in response to a court order, subpoena, lawful demand by a public authority, or similar legal process.
4.5.To Protect Our Business, Users or Others. We may disclose your information, including Personal Data, if we believe it is necessary to protect the property and/or rights of Recurrent, you, or a third party, to protect the safety of the public or any person, in the event of a legal dispute, or to prevent or stop activity we believe may pose a risk of being illegal, unethical or in violationof the Terms.
4.6.Business Transfers. We may sell, assign, transfer or otherwise share some or all of our assets, including your Personal Data, in connection with a merger, acquisition, reorganization or sale of our assets or in the event of bankruptcy.
5. POLICY REGARDING CHILDREN
Our Service are not intended for persons under 16 years of age, and we do not knowingly collect Personal Data from persons under 16 years of age. If you area parent or guardian and believe that your child has provided us with Personal Data without your consent, please contact us at contact@recurrentauto.com. If we become aware that a person under 16 years of age has provided us with Personal Data, we will take steps to delete such information from our systems or obtain verifiable consent from a parent or legal guardian to retain the Personal Data.
6.SECURITY
We follow generally accepted industry standards to protect the information we collect, maintain and transmit. We have in place commercially reasonable means designed to provide reasonable and appropriate administrative, technical andorganizational security measures to protect your personal information againstrisks such as temporary or permanent loss, destruction, and unauthorized orunlawful access, alteration, use or disclosure. This includes, for example, firewalls, password protection and other access and authentication controls. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot, and do not, guarantee the security of anyinformation you transmit to us, and you do so at your own risk. We also cannot, and do not, guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, oradministrative safeguards. If you believe your Personal Data has been compromised, please contact us at contact@recurrentauto.com.
If we learn of a security breach involving your Personal Data, we will inform you of the occurrence of the breach in accordance with applicable law.
7. CHANGES TO THIS PRIVACY NOTICE
Recurrent may modify this Privacy Notice from time to time to reflect changes in our practices, policies, technologies and legal requirements. If we modify this Privacy Notice, we will update the “Last Updated” notice at the top and will notify you as and when required by applicable law. Any changes to this Privacy Notice are effective when we post the revised Privacy Notice on the Recurrent Site. Recurrent will treat your continued use of Service after the effective date of any updated Privacy Notice as your acceptance of the Privacy Notice as revised. However, we will seek your affirmative consent to any material changesin our use of your Personal Data as described in a revised Privacy Notice ifrequired by applicable law. You should review our Privacy Notice each time you access and use the Service.
8. APPLICABLE PRIVACY LAWS
As of the “Last Revised” date indicated on this page, Recurrent is not subject to the General Data Protection Regulation of the European Union or the United Kingdom, nor to any state-level data privacy laws of the U.S. in effect as of that date. If you choose to use our Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. or Canadian laws, then note that Recurrent is located in the United States and the Recurrent Site is controlled and operated from the United States. We may also transfer your Personal Data to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including Personal Information, on or to our Service, you consent to such transfer, storage, and processing. By accessing, using or interacting with our Service, your Personal Data will be transferred to, processed in, and stored in the United States. By using our Service, or otherwise providing information to us, you consent to the transfer of information to the United States and the application of the laws of the United States, which may not provide the same types or level of protection as the laws of your jurisdiction.
We do not share your Personal Data with third parties for their direct marketing purposes without your consent. We may share certain Personal Information forcross-context behavioral advertising to show you targeted advertisements if you opt into such features; however, we do not knowingly “sell” or “share” (asthose terms are defined by U.S. data privacy laws) Personal Information about consumers under the age of 16.
9. CANADA PRIVACY PROVISIONS
9.1.Scope. This section applies if you live in Canada and our collection, use, disclosure or other processing of your Personal Data under this Privacy Notice is subject to the data privacy laws of Canada.
9.2. Consent. Depending on the sensitivity ofthe Personal Data, your consent may be express, implied or deemed. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you contact us about our Service, we will assume your consent tothe collection, use and disclosure of your Personal Data for purposes relatedto your request or for other purposes identified to you at the relevant time. Deemed consent is consent we assume in the event that you do not exercise an opt-out mechanism offered to you. In cases where we are required by the applicable laws of Canada to obtain your explicit consent for the collection, use or disclosure of your Personal Data, we will request such consent at the time of collection. Otherwise, by submitting your Personal Data to us or agreeing to our Terms and this Privacy Notice, you consent to the collection, use and disclosure of your Personal Data in the manner described in this notice.
However, we may collect, use or disclose your Personal Data without your knowledge or consent where we are permitted orrequired to do so by applicable law or regulatory requirements
Where you have consented to our collection, use and disclosure of your Personal Data, you may change or withdraw your consent at any time by contacting us as set out below. In some circumstances, a change or withdrawal of consent may limit ourability to provide the Service to you or your ability to access certain areas of our Recurrent Site.
9.3.Security. Recurrent uses reasonable and appropriate measures, including by following generally accepted industry standards as described in more detail in Section 6 above, designed to protect your Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unauthorized form of processing of your Personal Data in our possession.
9.4.International Transfers. Personal Data collected by Recurrent or third parties referenced in this Privacy Notice may be used, stored and processed in another country, including the United States. We will use reasonable measures to ensure all Personal Data is protected, but cannot ensure that the laws of other countries will offer the same level of protection as Canadian laws. By accessing, using or interacting with our Service and submitting your Personal Data to us, you consent to the transfer, use, processing and storage of your Personal Data outside of Canada.
9.5.Retention. We retain your Personal Data for as long as necessary to provide youthe Service and for the purposes identified in this Privacy Notice or otherwise identified to you at the time we collect your Personal Data.
9.6.Direct Marketing. We rely on your consent to send you marketing communications. If you have consented to receiving marketing materials from us, you can withdraw your consent to receiving those communications at any time by:
● using the “unsubscribe” mechanism in our emails;
● if you have created an account for our Service, logging into your account and changing your contact preferences; or
● contacting us using the contact information provided below.
However,we reserve the right to send you transactional or informational emails such as customer service communications in connection with the products or subscriptions that you have purchased or changes to our Service, your account or our policies.
9.7.Your Rights. In certain circumstances, you may have the following rights regarding your Personal Data:
● Right of access to and information about our use and disclosure of your Personal Data;
● Right to obtain a copy of the Personal Data in our custody or control that you haveprovided us or that we have collected about you;
● Right of rectification (to correct, supplement or update); and
● Right to request that we cease direct marketing to you.
10.QUESTIONS
If you have any questions or concerns regarding this Privacy Notice, or if you wish to exercise any of your rights as described in this Privacy Notice, please contact us at contact@recurrentauto.com.
