1. Introduction
PositivEnergy is committed to safeguarding the privacy of our website visitors, driver portal users and mobile application users. This policy details how PositivEnergy treats your personal information.
By using the PositivEnergy mobile app and/or any of the PositivEnergy websites or portal, you consent to the collection, use and disclosure of your personal information in accordance with the terms of this policy. You consent to our use of cookies and the collection of location-based information.
2. Collecting personal information
PositivEnergy may collect the following kinds of personal information from you:
- Information about your device and visits to the website (IP address, geographical location, browser type, operating system, referral source, length of visit, page views and navigation paths).
- Information you provide when registering with our website, portals or mobile apps (email address, mobile phone number and other contact information).
- Profile information (name, profile pictures, gender, date of birth, vehicle information, employment details if any).
- Information you provide when subscribing to email notifications or newsletters.
- Information generated through your use of our services (vehicle information, timing/frequency/pattern of EV charging, location data).
- Information relating to purchases or transactions (name, contact details and transaction details — but excluding credit card information).
- Content you post for publication (username, profile pictures, post content).
- Information in any communication you send to PositivEnergy (name, phone, email, location, content and metadata).
- Any other personal information you choose to share with us.
Before you disclose to PositivEnergy the personal information of another person, you must obtain that person's consent and you represent and warrant that you have obtained such consent.
3. Using personal information
PositivEnergy may use your personal information to:
- Administer our website and business.
- Personalize the PositivEnergy website, portals and mobile apps.
- Enable your use of the services available on our platforms.
- Send goods and services purchased through our platforms.
- Send statements, invoices and payment reminders, and collect payments.
- Send non-marketing commercial communications and email notifications you have requested.
- Send marketing communications you've agreed to receive (you can opt out at any time).
- Provide third parties with anonymized statistical information about our users.
- Deal with inquiries and complaints, keep our platforms secure and prevent fraud.
- Verify compliance with the terms and conditions governing use of our platforms.
PositivEnergy will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party's direct marketing. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
All PositivEnergy website and mobile app financial transactions are handled through our payment services provider, Braintree. PositivEnergy will share information with its payment services provider only to the extent necessary for processing payments, refunds and related queries.
4. Disclosing personal information
PositivEnergy may disclose your personal information to its employees, officers, insurers, professional advisers, agents, suppliers, service providers, or subcontractors insofar as reasonably necessary for the purposes set out in this policy. PositivEnergy may also disclose your personal information to members of our group of companies (subsidiaries, affiliates, our ultimate holding company and all its subsidiaries).
PositivEnergy may also disclose your personal information:
- To the extent required by law, court order or warrant.
- In connection with any ongoing or prospective legal proceedings.
- To establish, exercise or defend PositivEnergy's legal rights (including for fraud prevention).
- To the purchaser of any business or asset that we are (or are contemplating) selling.
Except as provided in this policy, PositivEnergy will not provide your personal information to third parties.
5. International data transfers
Information PositivEnergy collects may be stored, accessed, processed and transferred outside of the United States, in any of the countries in which we operate, in order to enable us to use the information in accordance with this policy. You expressly agree to such transfers.
6. Retaining personal information
Personal information that PositivEnergy collects shall not be kept for longer than is necessary for the purpose for which it was collected. PositivEnergy will then delete or anonymize your personal information.
Notwithstanding the above, PositivEnergy will retain documents containing personal data:
- To the extent required by law.
- If we believe the documents may be relevant to any ongoing or prospective legal proceedings.
- To establish, exercise or defend our legal rights.
7. Security of personal information
PositivEnergy takes reasonable physical, technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. All personal information we collect is stored on secure (password- and firewall-protected) servers, and all electronic financial transactions are protected by encryption technology. You acknowledge that transmission over the internet is inherently insecure and we cannot guarantee the security of data sent over the internet. You are responsible for keeping your password confidential.
8. Amendments
PositivEnergy may update this policy from time to time by publishing a new version on our website and updating the "Last Updated" date above. We will notify you of any material changes by email, SMS or within our mobile apps, or by publishing a prominent notice on our website.
9. Your rights
Unless your state's laws require otherwise, you may instruct PositivEnergy to provide you with any personal information we hold about you; provision of such information is subject to a fee (currently fixed at US$25.00) and the supply of appropriate evidence of identity. PositivEnergy may withhold personal information that you request to the extent permitted by law. You may instruct PositivEnergy at any time not to process your personal information for marketing purposes.
10. Third party websites
PositivEnergy's website includes hyperlinks to, and details of, third party websites. PositivEnergy has no control over, and is not responsible for, the privacy policies and practices of third parties.
11. Your state privacy rights
Residents of certain states — including California, Nevada, Colorado, Connecticut, Virginia and Utah — may have additional personal information rights and choices.
Colorado, Connecticut, Virginia and Utah each provide their state residents with rights to confirm whether we process their personal information, to access and delete certain personal information, to data portability, and to opt out of personal data processing for targeted advertising and sales. Colorado, Connecticut and Virginia also provide rights to correct inaccuracies and to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects.
Nevada provides its residents with a limited right to opt out of certain personal information sales. We do not currently sell data triggering that statute's opt-out requirements.
12. Updating information
Please let PositivEnergy know if the personal information that we hold about you needs to be corrected or updated.
13. Our details
The PositivEnergy website, driver portal and mobile apps are owned and operated by Positive Energy, Inc., registered in Delaware and Florida with our registered office located at 1221 Brickell Avenue, Suite 900, Miami, FL 33131. You can contact our Privacy Officer by mail at the address above, through the contact form within the PositivEnergy website or mobile apps, by telephone at the number posted on our website, or by email at info@positivenergy.us.
14. Dispute resolution
Any questions or concerns regarding the use or disclosure of personal information should be directed to us. We will investigate and attempt to resolve complaints and disputes in accordance with the principles in this Privacy Policy. If we are unable to resolve your complaint, you can escalate the issue in accordance with the dispute resolution procedure 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 to children under the age of 13. We do not knowingly collect personal information from children under the age of 13 without parental consent. If we are made 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 notice supplements the information above 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.
Information we collect
We 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"). Within the last twelve (12) months we have collected or may collect: identifiers (real name, postal address, IP address, email address, account name, government IDs); California customer-records information (name, signature, contact information, financial information); commercial information (purchases or services considered); internet or network activity (browsing and search history, interactions with our website or app); geolocation data; and sensitive personal information (such as account log-in credentials, precise geolocation, or contents of communications where we are not the intended recipient).
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 you provided the information.
- 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 transactional fraud.
- To provide support and respond to your inquiries.
- To personalize your experience and deliver content relevant to your interests.
- To maintain the safety, security and integrity of our Site, products, services and databases.
- For testing, research, analysis and product development.
- To respond to law enforcement requests and as required by applicable law.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization or other transfer of our assets.
Sharing personal information
We may share your personal information by disclosing it to a third party for a business purpose. We only make these business-purpose disclosures under written contracts that require the recipient to keep the personal information confidential and prohibit using it for any purpose except performing the contract. We do not sell personal information.
Your rights and choices
California consumers have the right to know what personal information we have collected and to request its disclosure; the right to data portability; the right to delete personal information (subject to certain exceptions); the right to correct inaccurate information; and the right to limit our use of sensitive personal information.
Exercising your rights to know, delete or correct
To exercise these rights, please submit a request by emailing legal@positivenergy.us or mailing a letter to:
Positive Energy Inc.
Attn: Head of Business Affairs
1221 Brickell Avenue, Suite 900
Miami, FL 33131
Only you, or someone legally authorized to act on your behalf, may make a request to know, correct, or delete related to your personal information. You may only submit a request to know twice within a 12-month period. We will confirm receipt within ten (10) business days and substantively respond within forty-five (45) days of receipt (with up to an additional 45 days if we require more time).
Non-discrimination
We will not discriminate against you for exercising any of your CCPA or CPRA rights. We will not deny you goods or services, charge different prices, or provide a different level or quality of goods or services because you exercised your rights, except as permitted by law.
Other California privacy rights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits 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, email legal@positivenergy.us or write to the address above.
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, we will post the updated notice on the Site and update the effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.
Contact information
Email: legal@positivenergy.us
Postal: Positive Energy Inc., Attn: Head of Business Affairs, 1221 Brickell Avenue, Suite 900, Miami, FL 33131