Effective: September 11, 2019
Last Updated: September 11, 2019

Your privacy is of utmost importance to EVolution, LLC  (EVolution) and Open Access Technology International, Inc. (OATI). We have created this Privacy Policy to ensure our dedication to the privacy of our customers and users. This Privacy Policy applies to your use of the mobile application (App) and charging services (services) provided by EVolution. By using the App and services, you agree to this Privacy Policy. If you do not agree to the Privacy Policy do not use the App and services. 

If you have any questions about our Privacy Policy that are not answered in this notice, please contact us at email.

Policy Changes
We reserve the right to change and update this Privacy Policy over time. Any changes will become effective when we post the revised Privacy Policy on the App. Please check this page for any updates to the Privacy Policy. If any changes that affect your personally identifiable information are made, we will notify you of such changes. If you do not agree with the changes, you must stop using our App and services. We will consider your continued use to be acceptance of any change.   

Information Collection
We collect different types of information through the App and services to improve your experience using the App. We receive certain types of information including information about your electric vehicle, phone, and online activities whenever you use our services. When you use our App, we may collect your devices’ IP address, date and time of your use, the type of your mobile device’s operating system, your location, and the specific services used.  When you use our charging services, we may collect the location of the network charging station you use, the time and date of your access of the charging network, the duration of your charging session, how much power you consume during a charging session, and information about your vehicle that help us identify it and the charge status of your battery at the beginning and end of your charging station.

When you create your user in our App, we collect certain information from you such as name, email address, credit card or other form of payment, type of EV owned, etc. This information that can specifically identify you is known as “User Information” in this privacy policy. We maintain your User Information in order to best serve you. We only collect User Information that you provide us or provide us permission to collect.

When you use a credit card to pay for charging, please keep in mind that a third-party payment provider will process your payment. We will only store the last four digits of your credit card number, the expiration date, and the security code. We may use the personal data you provide to prevent, detect, and investigate fraud, and to enforce the terms and conditions of the App. We may share certain information with service providers involved in mobile payments, including but not limited to unique identifier, device type, geo-location information, connection information, and mobile network information.

We may occasionally user your User Information to send notices about our Services, your account, or changes to our Terms and Conditions, and Privacy Policy. You may not opt out of receiving these specific types of communications. We may collect information via online surveys or polls. Participation in these voluntary and you may opt out of receiving these types of communications.

We may also collect and analyze information on patterns of usage of the services. We may use this information to improve our services. Some of this information is automatically collected through systems or tracking tools such as cookies, tracking pixels, and web beacons.

We may analyze and compile information on patterns of use of the App and services. This information is collected in aggregate form, without identifying any user individually. We may use this information to improve the App and services. We may also provide this information to third parties for marketing purposes.

Our services are intended for adult users, and EVolution does not intentionally collect personal information from anyone under 16 years of age. If you are under the age of 16, please do not send us your personal information (name, address, email address, phone number). If you are under the age of 16 years old and would like to ask a question in anyway that requires you to submit your personal information, please have a parent or guardian do so on your behalf.

Do we need any information on advertisements?

Cookies
We use cookies and similar technologies that collect and store information when you use our App. We use cookies to provide users an enhanced experience using the App as well as web analytics tools to analyze your use of the App and services.

Sharing of Information
We will not sell or provide your personal information to third parties.

In general, we do not share your User Information with third parties in a way that would personally identify you. However under the following circumstances we may share this information:

• When we are legally obligated to disclose information to comply with the law, an order from a court with jurisdiction, or a regulatory agency
• In the event that all or substantially all of EVolution’s assets are transferred through sale, merger, acquisition, bankruptcy, or any other change of corporate control
• As part of a sale, merger, or acquisition of some or all of EVolution’s assets
• In the event of insolvency, bankruptcy, or receivership in which your personal information would be transferred to one of EVolution’s business assets
• To assist with identify verification and to prevent fraud and identity theft
• Bill collection
• To resolve customer disputes or questions

We may share information with third parties that is in an aggregated or anonymous format to not divulge personal information. We may work with those entities to do research, including for marketing purposes, and improve our services, and provide new services. However these third parties utilized by us are contractually obligated to protect the privacy and confidentiality of your information. 

We may share your personal information with any company that is a member of the EVolution group of companies, which includes our parent company, Open Access Technology International, Inc. when necessary for internal administrative purposes, corporate strategy, auditing, and monitoring, sanctions screening, and research and development.

Data Privacy
In order to protect the privacy of the data you transmit through our App or services, we use industry standard, secure server software that encrypts your information that you input before it is sent to us. We use standard industry practice to protect User Information against unauthorized users. However, no data transmission or storage system can be guaranteed to be 100% secure and can be breached beyond our control and for which we are not responsible.

We do not sell your personal information to anyone for any purpose, including any third parties for their direct marketing purposes, without your consent. Our agents, contractors, and partners who need access to your personal information in order to provide services to you on our behalf are also required to keep the information confidential in a manner consistent with this Privacy Policy and are not permitted to disclose the information to third parties or use the information for any purpose other than to carry out the services they are performing for us.

We keep your information in our business records while you are a customer or until it is no longer needed for business, tax, or legal purposes. The information that we collect from you will be destroyed safely and securely to minimize the chances of unauthorized access of this information in accordance with our data retention policy and applicable laws. We have implemented encryption and other security controls to protect your personal information when stored or transmitted by us.

Third Party Website Links
The App may include links to third party sites. Accessing any other sites linked to this App is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. These links do not imply an endorsement by us.

User Information
We will update your User Information as we become aware of changes. However, we will be able to serve you best if you update your User Information or notify us of any changes. You can update your User Information through our App, email us at email, or call us at email.

California Privacy Rights
California Civil Code Section 1798.83 entitles California customers to request information concerning whether a business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. As explained in this Privacy Policy, we may share your personal information with its affiliates, but we will not sell or share such information with third parties for their direct marketing purposes without your consent.

Privacy Policy Acceptance
By using our App, services, or becoming a customer of EVolution, you consent to this Privacy Policy. If you do not agree to any of the terms in this Privacy Policy, please do not provide any personal information to EVolution, or request to become a customer as we will be unable to provide our services and products to you. 

Governing Law
You agree that the App shall be deemed based in Minnesota and the App shall be deemed passive in that it does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Minnesota. These terms shall be governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and us that arises in whole or in part from the App shall be decided exclusively by a court of competent jurisdiction located in Hennepin, California, unless submitted to arbitration as set forth in the following paragraph.

For any claim (excluding claims for injunctive or other equitable relief) under this Privacy Policy where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Contact
If you wish to request additional information or have questions, concerns, or complaints about our Privacy Policy please contact us.