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Privacy Policy ==============
Last updated: July 14, 2022This Privacy Policy describes Our policies and procedures on the collection,use and disclosure of Your information when You use the Service and tells Youabout Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using theService, You agree to the collection and use of information in accordance withthis Privacy Policy. Interpretation and Definitions ==============================
Interpretation --------------
The words of which the initial letter is capitalized have meanings definedunder the following conditions. The following definitions shall have the samemeaning regardless of whether they appear in singular or in plural.
Definitions -----------
For the purposes of this Privacy Policy:
* Account means a unique account created for You to access our Service or parts of our Service.
* Business , for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
* Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to EM-Power Inc., 1074 Morgan Hill Drive Chula Vista CA 91913.
For the purpose of the GDPR, the Company is the Data Controller.
* Consumer , for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
* Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
* Country refers to: California, United States
* Data Controller , for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
* Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
* Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
* Personal Data is any information that relates to an identified or identifiable individual.
For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
* Sale , for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.
* Service refers to the Website.
* Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
* Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
* Website refers to Flawless Facilitation, accessible from <https://flawlessfacilitation.com/>
* You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
Collecting and Using Your Personal Data =======================================
Types of Data Collected -----------------------
Personal Data ~~~~~~~~~~~~~
While using Our Service, We may ask You to provide Us with certain personallyidentifiable information that can be used to contact or identify You.Personally identifiable information may include, but is not limited to:
* Email address
* First name and last name
* Phone number
* Address, State, Province, ZIP/Postal code, City
* Usage Data
Usage Data ~~~~~~~~~~
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocoladdress (e.g. IP address), browser type, browser version, the pages of ourService that You visit, the time and date of Your visit, the time spent onthose pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collectcertain information automatically, including, but not limited to, the type ofmobile device You use, Your mobile device unique ID, the IP address of Yourmobile device, Your mobile operating system, the type of mobile Internetbrowser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit ourService or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
We use Cookies and similar tracking technologies to track the activity on OurService and store certain information. Tracking technologies used are beacons,tags, and scripts to collect and track information and to improve and analyzeOur Service. The technologies We use may include:
* Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies. * Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at <https://helpx.adobe.com/flash-player/kb/disable-local- shared-objects- flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_> * Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain onYour personal computer or mobile device when You go offline, while SessionCookies are deleted as soon as You close Your web browser. Learn more aboutcookies on the [Privacy Policieswebsite](https://www.privacypolicies.com/blog/privacy-policy-template/#Use_Of_Cookies_Log_Files_And_Tracking) article.
We use both Session and Persistent Cookies for the purposes set out below:
* Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
* Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
* Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
For more information about the cookies we use and your choices regardingcookies, please visit our Cookies Policy or the Cookies section of our PrivacyPolicy.
Use of Your Personal Data -------------------------
The Company may use Personal Data for the following purposes:
* To provide and maintain our Service , including to monitor the usage of our Service.
* To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
* For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
* To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
* To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
* To manage Your requests: To attend and manage Your requests to Us.
* For business transfers: We may use Your information to evaluate 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 Data held by Us about our Service users is among the assets transferred.
* For other purposes : We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
* With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You. * For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company. * With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us. * With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions. * With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. * With Your consent : We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data -------------------------------
The Company will retain Your Personal Data only for as long as is necessaryfor the purposes set out in this Privacy Policy. We will retain and use YourPersonal Data to the extent necessary to comply with our legal obligations(for example, if we are required to retain your data to comply with applicablelaws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. UsageData is generally retained for a shorter period of time, except when this datais used to strengthen the security or to improve the functionality of OurService, or We are legally obligated to retain this data for longer timeperiods.
Transfer of Your Personal Data ------------------------------
Your information, including Personal Data, is processed at the Company'soperating offices and in any other places where the parties involved in theprocessing are located. It means that this information may be transferred to —and maintained on — computers located outside of Your state, province, countryor other governmental jurisdiction where the data protection laws may differthan those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of suchinformation represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your datais treated securely and in accordance with this Privacy Policy and no transferof Your Personal Data will take place to an organization or a country unlessthere are adequate controls in place including the security of Your data andother personal information.
Disclosure of Your Personal Data --------------------------------
Business Transactions ~~~~~~~~~~~~~~~~~~~~~
If the Company is involved in a merger, acquisition or asset sale, YourPersonal Data may be transferred. We will provide notice before Your PersonalData is transferred and becomes subject to a different Privacy Policy.
Law enforcement ~~~~~~~~~~~~~~~
Under certain circumstances, the Company may be required to disclose YourPersonal Data if required to do so by law or in response to valid requests bypublic authorities (e.g. a court or a government agency).
Other legal requirements ~~~~~~~~~~~~~~~~~~~~~~~~
The Company may disclose Your Personal Data in the good faith belief that suchaction is necessary to:
* Comply with a legal obligation * Protect and defend the rights or property of the Company * Prevent or investigate possible wrongdoing in connection with the Service * Protect the personal safety of Users of the Service or the public * Protect against legal liability
Security of Your Personal Data ------------------------------
The security of Your Personal Data is important to Us, but remember that nomethod of transmission over the Internet, or method of electronic storage is100% secure. While We strive to use commercially acceptable means to protectYour Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data ============================================================
The Service Providers We use may have access to Your Personal Data. Thesethird-party vendors collect, store, use, process and transfer informationabout Your activity on Our Service in accordance with their Privacy Policies.
Email Marketing ---------------
We may use Your Personal Data to contact You with newsletters, marketing orpromotional materials and other information that may be of interest to You.You may opt-out of receiving any, or all, of these communications from Us byfollowing the unsubscribe link or instructions provided in any email We sendor by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
Payments --------
We may provide paid products and/or services within the Service. In that case,we may use third-party services for payment processing (e.g. paymentprocessors).
We will not store or collect Your payment card details. That information isprovided directly to Our third-party payment processors whose use of Yourpersonal information is governed by their Privacy Policy. These paymentprocessors adhere to the standards set by PCI-DSS as managed by the PCISecurity Standards Council, which is a joint effort of brands like Visa,Mastercard, American Express and Discover. PCI-DSS requirements help ensurethe secure handling of payment information.
* Square
Their Privacy Policy can be viewed at <https://squareup.com/legal/privacy- no-account>
GDPR Privacy ============
Legal Basis for Processing Personal Data under GDPR ---------------------------------------------------
We may process Personal Data under the following conditions:
* Consent: You have given Your consent for processing Personal Data for one or more specific purposes. * Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof. * Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject. * Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person. * Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company. * Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basisthat applies to the processing, and in particular whether the provision ofPersonal Data is a statutory or contractual requirement, or a requirementnecessary to enter into a contract.
Your Rights under the GDPR --------------------------
The Company undertakes to respect the confidentiality of Your Personal Dataand to guarantee You can exercise Your rights.
You have the right under this Privacy Policy, and by law if You are within theEU, to:
* Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You. * Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected. * Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes. * Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it. * Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You. * Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights ----------------------------------------------
You may exercise Your rights of access, rectification, cancellation andopposition by contacting Us. Please note that we may ask You to verify Youridentity before responding to such requests. If You make a request, We willtry our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Ourcollection and use of Your Personal Data. For more information, if You are inthe European Economic Area (EEA), please contact Your local data protectionauthority in the EEA.
CCPA Privacy ============
This privacy notice section for California residents supplements theinformation contained in Our Privacy Policy and it applies solely to allvisitors, users, and others who reside in the State of California.
Categories of Personal Information Collected --------------------------------------------
We collect information that identifies, relates to, describes, references, iscapable of being associated with, or could reasonably be linked, directly orindirectly, with a particular Consumer or Device. The following is a list ofcategories of personal information which we may collect or may have beencollected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below arethose defined in the CCPA. This does not mean that all examples of thatcategory of personal information were in fact collected by Us, but reflectsour good faith belief to the best of our knowledge that some of thatinformation from the applicable category may be and may have been collected.For example, certain categories of personal information would only becollected if You provided such personal information directly to Us.
* Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.
Collected: Yes.
* Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: 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.
Collected: Yes.
* Category C: Protected classification characteristics under California or federal law.
Examples: 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).
Collected: No.
* Category D: Commercial information.
Examples: Records and history of products or services purchased or considered.
Collected: Yes.
* Category E: Biometric information.
Examples: 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.
Collected: No.
* Category F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
Collected: Yes.
* Category G: Geolocation data.
Examples: Approximate physical location.
Collected: No.
* Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Collected: No.
* Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Collected: No.
* Category 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)).
Examples: 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.
Collected: No.
* Category K: Inferences drawn from other personal information.
Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Collected: No.
Under CCPA, personal information does not include:
* Publicly available information from government records * Deidentified or aggregated consumer information * Information excluded from the CCPA's scope, such as: * 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) or clinical trial data * Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994
Sources of Personal Information -------------------------------
We obtain the categories of personal information listed above from thefollowing categories of sources:
* Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service, or from Your purchases on our Service. * Indirectly from You. For example, from observing Your activity on our Service. * Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service. * From Service Providers. For example, third-party vendors for payment processing, or other third-party vendors that We use to provide the Service to You.
Use of Personal Information for Business Purposes or Commercial Purposes ------------------------------------------------------------------------
We may use or disclose personal information We collect for "business purposes"or "commercial purposes" (as defined under the CCPA), which may include thefollowing examples:
* To operate our Service and provide You with our Service. * To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service. * To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry. If You provide Your personal information to purchase a product or service, We will use that information to process Your payment and facilitate delivery. * To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. * As described to You when collecting Your personal information or as otherwise set forth in the CCPA. * For internal administrative and auditing purposes. * To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.
Please note that the examples provided above are illustrative and not intendedto be exhaustive. For more details on how we use this information, pleaserefer to the "Use of Your Personal Data" section.
If We decide to collect additional categories of personal information or usethe personal information We collected for materially different, unrelated, orincompatible purposes We will update this Privacy Policy.
Disclosure of Personal Information for Business Purposes or CommercialPurposes -------------------------------------------------------------------------------
We may use or disclose and may have used or disclosed in the last twelve (12)months the following categories of personal information for business orcommercial purposes:
* Category A: Identifiers * Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) * Category D: Commercial information * Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the CCPA.This does not mean that all examples of that category of personal informationwere in fact disclosed, but reflects our good faith belief to the best of ourknowledge that some of that information from the applicable category may beand may have been disclosed.
When We disclose personal information for a business purpose or a commercialpurpose, We enter a contract that describes the purpose and requires therecipient to both keep that personal information confidential and not use itfor any purpose except performing the contract.
Sale of Personal Information ----------------------------
As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing,disclosing, disseminating, making available, transferring, or otherwisecommunicating orally, in writing, or by electronic or other means, aconsumer's personal information by the business to a third party for valuableconsideration. This means that We may have received some kind of benefit inreturn for sharing personal information, but not necessarily a monetarybenefit.
Please note that the categories listed below are those defined in the CCPA.This does not mean that all examples of that category of personal informationwere in fact sold, but reflects our good faith belief to the best of ourknowledge that some of that information from the applicable category may beand may have been shared for value in return.
We may sell and may have sold in the last twelve (12) months the followingcategories of personal information:
* Category A: Identifiers * Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) * Category D: Commercial information * Category F: Internet or other similar network activity
Share of Personal Information -----------------------------
We may share Your personal information identified in the above categories withthe following categories of third parties:
* Service Providers * Payment processors * Our affiliates * Our business partners * Third party vendors to whom You or Your agents authorize Us to disclose Your personal information in connection with products or services We provide to You
Sale of Personal Information of Minors Under 16 Years of Age ------------------------------------------------------------
We do not knowingly collect personal information from minors under the age of16 through our Service, although certain third party websites that we link tomay do so. These third-party websites have their own terms of use and privacypolicies and we encourage parents and legal guardians to monitor theirchildren's Internet usage and instruct their children to never provideinformation on other websites without their permission.
We do not sell the personal information of Consumers We actually know are lessthan 16 years of age, unless We receive affirmative authorization (the "rightto opt-in") from either the Consumer who is between 13 and 16 years of age, orthe parent or guardian of a Consumer less than 13 years of age. Consumers whoopt-in to the sale of personal information may opt-out of future sales at anytime. To exercise the right to opt-out, You (or Your authorizedrepresentative) may submit a request to Us by contacting Us.
If You have reason to believe that a child under the age of 13 (or 16) hasprovided Us with personal information, please contact Us with sufficientdetail to enable Us to delete that information.
Your Rights under the CCPA --------------------------
The CCPA provides California residents with specific rights regarding theirpersonal information. If You are a resident of California, You have thefollowing rights:
* The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used. * The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You: * The categories of personal information We collected about You * The categories of sources for the personal information We collected about You * Our business or commercial purpose for collecting or selling that personal information * The categories of third parties with whom We share that personal information * The specific pieces of personal information We collected about You * If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You: * The categories of personal information categories sold * The categories of personal information categories disclosed * The right to say no to the sale of Personal Data (opt-out). You have the right to direct Us to not sell Your personal information. To submit an opt-out request please contact Us. * The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to: * Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You. * Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. * Debug products to identify and repair errors that impair existing intended functionality. * Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for 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 that are reasonably aligned with consumer expectations based on Your relationship with Us. * Comply with a legal obligation. * Make other internal and lawful uses of that information that are compatible with the context in which You provided it. * The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer's rights, including by: * Denying goods or services to You * Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties * Providing a different level or quality of goods or services to You * Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services
Exercising Your CCPA Data Protection Rights -------------------------------------------
In order to exercise any of Your rights under the CCPA, and if You are aCalifornia resident, You can contact Us:
* By email: derek.nash@em-power.com
Only You, or a person registered with the California Secretary of State thatYou authorize to act on Your behalf, may make a verifiable request related toYour personal information.
Your request to Us 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 the required informationif we cannot:
* Verify Your identity or authority to make the request * And confirm that the personal information relates to You
We will disclose and deliver the required information free of charge within 45days of receiving Your verifiable request. The time period to provide therequired information may be extended once by an additional 45 days whenreasonably necessary and with prior notice.
Any disclosures We provide will only cover the 12-month period preceding theverifiable request's receipt.
For data portability requests, We will select a format to provide Yourpersonal information that is readily usable and should allow You to transmitthe information from one entity to another entity without hindrance.
Do Not Sell My Personal Information -----------------------------------
You have the right to opt-out of the sale of Your personal information. OnceWe receive and confirm a verifiable consumer request from You, we will stopselling Your personal information. To exercise Your right to opt-out, pleasecontact Us.
"Do Not Track" Policy as Required by California Online Privacy Protection Act(CalOPPA) ========================================================================
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities.If You are visiting such websites, You can set Your preferences in Your webbrowser to inform websites that You do not want to be tracked. You can enableor disable DNT by visiting the preferences or settings page of Your webbrowser.
Children's Privacy ==================
Our Service does not address anyone under the age of 13. We do not knowinglycollect personally identifiable information from anyone under the age of 13.If You are a parent or guardian and You are aware that Your child has providedUs with Personal Data, please contact Us. If We become aware that We havecollected Personal Data from anyone under the age of 13 without verificationof parental consent, We take steps to remove that information from Ourservers.
If We need to rely on consent as a legal basis for processing Your informationand Your country requires consent from a parent, We may require Your parent'sconsent before We collect and use that information.
Your California Privacy Rights (California's Shine the Light law) =================================================================
Under California Civil Code Section 1798 (California's Shine the Light law),California residents with an established business relationship with us canrequest information once a year about sharing their Personal Data with thirdparties for the third parties' direct marketing purposes.
If you'd like to request more information under the California Shine the Lightlaw, and if You are a California resident, You can contact Us using thecontact information provided below.
California Privacy Rights for Minor Users (California Business and ProfessionsCode Section 22581) ==================================================================================================
California Business and Professions Code Section 22581 allows Californiaresidents under the age of 18 who are registered users of online sites,services or applications to request and obtain removal of content orinformation they have publicly posted.
To request removal of such data, and if You are a California resident, You cancontact Us using the contact information provided below, and include the emailaddress associated with Your account.
Be aware that Your request does not guarantee complete or comprehensiveremoval of content or information posted online and that the law may notpermit or require removal in certain circumstances.
Links to Other Websites =======================
Our Service may contain links to other websites that are not operated by Us.If You click on a third party link, You will be directed to that third party'ssite. We strongly advise You to review the Privacy Policy of every site Youvisit.
We have no control over and assume no responsibility for the content, privacypolicies or practices of any third party sites or services.
Changes to this Privacy Policy ==============================
We may update Our Privacy Policy from time to time. We will notify You of anychanges by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, priorto the change becoming effective and update the "Last updated" date at the topof this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes.Changes to this Privacy Policy are effective when they are posted on thispage.
Contact Us ==========If you have any questions about this Privacy Policy, You can contact us: * By email: derek.nash@em-power.com
Last updated: July 14, 2022This Privacy Policy describes Our policies and procedures on the collection,use and disclosure of Your information when You use the Service and tells Youabout Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using theService, You agree to the collection and use of information in accordance withthis Privacy Policy. Interpretation and Definitions ==============================
Interpretation --------------
The words of which the initial letter is capitalized have meanings definedunder the following conditions. The following definitions shall have the samemeaning regardless of whether they appear in singular or in plural.
Definitions -----------
For the purposes of this Privacy Policy:
* Account means a unique account created for You to access our Service or parts of our Service.
* Business , for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
* Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to EM-Power Inc., 1074 Morgan Hill Drive Chula Vista CA 91913.
For the purpose of the GDPR, the Company is the Data Controller.
* Consumer , for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
* Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
* Country refers to: California, United States
* Data Controller , for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
* Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
* Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
* Personal Data is any information that relates to an identified or identifiable individual.
For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
* Sale , for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.
* Service refers to the Website.
* Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
* Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
* Website refers to Flawless Facilitation, accessible from <https://flawlessfacilitation.com/>
* You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
Collecting and Using Your Personal Data =======================================
Types of Data Collected -----------------------
Personal Data ~~~~~~~~~~~~~
While using Our Service, We may ask You to provide Us with certain personallyidentifiable information that can be used to contact or identify You.Personally identifiable information may include, but is not limited to:
* Email address
* First name and last name
* Phone number
* Address, State, Province, ZIP/Postal code, City
* Usage Data
Usage Data ~~~~~~~~~~
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocoladdress (e.g. IP address), browser type, browser version, the pages of ourService that You visit, the time and date of Your visit, the time spent onthose pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collectcertain information automatically, including, but not limited to, the type ofmobile device You use, Your mobile device unique ID, the IP address of Yourmobile device, Your mobile operating system, the type of mobile Internetbrowser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit ourService or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
We use Cookies and similar tracking technologies to track the activity on OurService and store certain information. Tracking technologies used are beacons,tags, and scripts to collect and track information and to improve and analyzeOur Service. The technologies We use may include:
* Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies. * Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at <https://helpx.adobe.com/flash-player/kb/disable-local- shared-objects- flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_> * Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain onYour personal computer or mobile device when You go offline, while SessionCookies are deleted as soon as You close Your web browser. Learn more aboutcookies on the [Privacy Policieswebsite](https://www.privacypolicies.com/blog/privacy-policy-template/#Use_Of_Cookies_Log_Files_And_Tracking) article.
We use both Session and Persistent Cookies for the purposes set out below:
* Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
* Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
* Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
For more information about the cookies we use and your choices regardingcookies, please visit our Cookies Policy or the Cookies section of our PrivacyPolicy.
Use of Your Personal Data -------------------------
The Company may use Personal Data for the following purposes:
* To provide and maintain our Service , including to monitor the usage of our Service.
* To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
* For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
* To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
* To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
* To manage Your requests: To attend and manage Your requests to Us.
* For business transfers: We may use Your information to evaluate 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 Data held by Us about our Service users is among the assets transferred.
* For other purposes : We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
* With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You. * For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company. * With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us. * With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions. * With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. * With Your consent : We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data -------------------------------
The Company will retain Your Personal Data only for as long as is necessaryfor the purposes set out in this Privacy Policy. We will retain and use YourPersonal Data to the extent necessary to comply with our legal obligations(for example, if we are required to retain your data to comply with applicablelaws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. UsageData is generally retained for a shorter period of time, except when this datais used to strengthen the security or to improve the functionality of OurService, or We are legally obligated to retain this data for longer timeperiods.
Transfer of Your Personal Data ------------------------------
Your information, including Personal Data, is processed at the Company'soperating offices and in any other places where the parties involved in theprocessing are located. It means that this information may be transferred to —and maintained on — computers located outside of Your state, province, countryor other governmental jurisdiction where the data protection laws may differthan those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of suchinformation represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your datais treated securely and in accordance with this Privacy Policy and no transferof Your Personal Data will take place to an organization or a country unlessthere are adequate controls in place including the security of Your data andother personal information.
Disclosure of Your Personal Data --------------------------------
Business Transactions ~~~~~~~~~~~~~~~~~~~~~
If the Company is involved in a merger, acquisition or asset sale, YourPersonal Data may be transferred. We will provide notice before Your PersonalData is transferred and becomes subject to a different Privacy Policy.
Law enforcement ~~~~~~~~~~~~~~~
Under certain circumstances, the Company may be required to disclose YourPersonal Data if required to do so by law or in response to valid requests bypublic authorities (e.g. a court or a government agency).
Other legal requirements ~~~~~~~~~~~~~~~~~~~~~~~~
The Company may disclose Your Personal Data in the good faith belief that suchaction is necessary to:
* Comply with a legal obligation * Protect and defend the rights or property of the Company * Prevent or investigate possible wrongdoing in connection with the Service * Protect the personal safety of Users of the Service or the public * Protect against legal liability
Security of Your Personal Data ------------------------------
The security of Your Personal Data is important to Us, but remember that nomethod of transmission over the Internet, or method of electronic storage is100% secure. While We strive to use commercially acceptable means to protectYour Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data ============================================================
The Service Providers We use may have access to Your Personal Data. Thesethird-party vendors collect, store, use, process and transfer informationabout Your activity on Our Service in accordance with their Privacy Policies.
Email Marketing ---------------
We may use Your Personal Data to contact You with newsletters, marketing orpromotional materials and other information that may be of interest to You.You may opt-out of receiving any, or all, of these communications from Us byfollowing the unsubscribe link or instructions provided in any email We sendor by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
Payments --------
We may provide paid products and/or services within the Service. In that case,we may use third-party services for payment processing (e.g. paymentprocessors).
We will not store or collect Your payment card details. That information isprovided directly to Our third-party payment processors whose use of Yourpersonal information is governed by their Privacy Policy. These paymentprocessors adhere to the standards set by PCI-DSS as managed by the PCISecurity Standards Council, which is a joint effort of brands like Visa,Mastercard, American Express and Discover. PCI-DSS requirements help ensurethe secure handling of payment information.
* Square
Their Privacy Policy can be viewed at <https://squareup.com/legal/privacy- no-account>
GDPR Privacy ============
Legal Basis for Processing Personal Data under GDPR ---------------------------------------------------
We may process Personal Data under the following conditions:
* Consent: You have given Your consent for processing Personal Data for one or more specific purposes. * Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof. * Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject. * Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person. * Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company. * Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basisthat applies to the processing, and in particular whether the provision ofPersonal Data is a statutory or contractual requirement, or a requirementnecessary to enter into a contract.
Your Rights under the GDPR --------------------------
The Company undertakes to respect the confidentiality of Your Personal Dataand to guarantee You can exercise Your rights.
You have the right under this Privacy Policy, and by law if You are within theEU, to:
* Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You. * Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected. * Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes. * Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it. * Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You. * Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights ----------------------------------------------
You may exercise Your rights of access, rectification, cancellation andopposition by contacting Us. Please note that we may ask You to verify Youridentity before responding to such requests. If You make a request, We willtry our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Ourcollection and use of Your Personal Data. For more information, if You are inthe European Economic Area (EEA), please contact Your local data protectionauthority in the EEA.
CCPA Privacy ============
This privacy notice section for California residents supplements theinformation contained in Our Privacy Policy and it applies solely to allvisitors, users, and others who reside in the State of California.
Categories of Personal Information Collected --------------------------------------------
We collect information that identifies, relates to, describes, references, iscapable of being associated with, or could reasonably be linked, directly orindirectly, with a particular Consumer or Device. The following is a list ofcategories of personal information which we may collect or may have beencollected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below arethose defined in the CCPA. This does not mean that all examples of thatcategory of personal information were in fact collected by Us, but reflectsour good faith belief to the best of our knowledge that some of thatinformation from the applicable category may be and may have been collected.For example, certain categories of personal information would only becollected if You provided such personal information directly to Us.
* Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.
Collected: Yes.
* Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: 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.
Collected: Yes.
* Category C: Protected classification characteristics under California or federal law.
Examples: 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).
Collected: No.
* Category D: Commercial information.
Examples: Records and history of products or services purchased or considered.
Collected: Yes.
* Category E: Biometric information.
Examples: 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.
Collected: No.
* Category F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
Collected: Yes.
* Category G: Geolocation data.
Examples: Approximate physical location.
Collected: No.
* Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Collected: No.
* Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Collected: No.
* Category 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)).
Examples: 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.
Collected: No.
* Category K: Inferences drawn from other personal information.
Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Collected: No.
Under CCPA, personal information does not include:
* Publicly available information from government records * Deidentified or aggregated consumer information * Information excluded from the CCPA's scope, such as: * 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) or clinical trial data * Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994
Sources of Personal Information -------------------------------
We obtain the categories of personal information listed above from thefollowing categories of sources:
* Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service, or from Your purchases on our Service. * Indirectly from You. For example, from observing Your activity on our Service. * Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service. * From Service Providers. For example, third-party vendors for payment processing, or other third-party vendors that We use to provide the Service to You.
Use of Personal Information for Business Purposes or Commercial Purposes ------------------------------------------------------------------------
We may use or disclose personal information We collect for "business purposes"or "commercial purposes" (as defined under the CCPA), which may include thefollowing examples:
* To operate our Service and provide You with our Service. * To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service. * To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry. If You provide Your personal information to purchase a product or service, We will use that information to process Your payment and facilitate delivery. * To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. * As described to You when collecting Your personal information or as otherwise set forth in the CCPA. * For internal administrative and auditing purposes. * To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.
Please note that the examples provided above are illustrative and not intendedto be exhaustive. For more details on how we use this information, pleaserefer to the "Use of Your Personal Data" section.
If We decide to collect additional categories of personal information or usethe personal information We collected for materially different, unrelated, orincompatible purposes We will update this Privacy Policy.
Disclosure of Personal Information for Business Purposes or CommercialPurposes -------------------------------------------------------------------------------
We may use or disclose and may have used or disclosed in the last twelve (12)months the following categories of personal information for business orcommercial purposes:
* Category A: Identifiers * Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) * Category D: Commercial information * Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the CCPA.This does not mean that all examples of that category of personal informationwere in fact disclosed, but reflects our good faith belief to the best of ourknowledge that some of that information from the applicable category may beand may have been disclosed.
When We disclose personal information for a business purpose or a commercialpurpose, We enter a contract that describes the purpose and requires therecipient to both keep that personal information confidential and not use itfor any purpose except performing the contract.
Sale of Personal Information ----------------------------
As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing,disclosing, disseminating, making available, transferring, or otherwisecommunicating orally, in writing, or by electronic or other means, aconsumer's personal information by the business to a third party for valuableconsideration. This means that We may have received some kind of benefit inreturn for sharing personal information, but not necessarily a monetarybenefit.
Please note that the categories listed below are those defined in the CCPA.This does not mean that all examples of that category of personal informationwere in fact sold, but reflects our good faith belief to the best of ourknowledge that some of that information from the applicable category may beand may have been shared for value in return.
We may sell and may have sold in the last twelve (12) months the followingcategories of personal information:
* Category A: Identifiers * Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) * Category D: Commercial information * Category F: Internet or other similar network activity
Share of Personal Information -----------------------------
We may share Your personal information identified in the above categories withthe following categories of third parties:
* Service Providers * Payment processors * Our affiliates * Our business partners * Third party vendors to whom You or Your agents authorize Us to disclose Your personal information in connection with products or services We provide to You
Sale of Personal Information of Minors Under 16 Years of Age ------------------------------------------------------------
We do not knowingly collect personal information from minors under the age of16 through our Service, although certain third party websites that we link tomay do so. These third-party websites have their own terms of use and privacypolicies and we encourage parents and legal guardians to monitor theirchildren's Internet usage and instruct their children to never provideinformation on other websites without their permission.
We do not sell the personal information of Consumers We actually know are lessthan 16 years of age, unless We receive affirmative authorization (the "rightto opt-in") from either the Consumer who is between 13 and 16 years of age, orthe parent or guardian of a Consumer less than 13 years of age. Consumers whoopt-in to the sale of personal information may opt-out of future sales at anytime. To exercise the right to opt-out, You (or Your authorizedrepresentative) may submit a request to Us by contacting Us.
If You have reason to believe that a child under the age of 13 (or 16) hasprovided Us with personal information, please contact Us with sufficientdetail to enable Us to delete that information.
Your Rights under the CCPA --------------------------
The CCPA provides California residents with specific rights regarding theirpersonal information. If You are a resident of California, You have thefollowing rights:
* The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used. * The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You: * The categories of personal information We collected about You * The categories of sources for the personal information We collected about You * Our business or commercial purpose for collecting or selling that personal information * The categories of third parties with whom We share that personal information * The specific pieces of personal information We collected about You * If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You: * The categories of personal information categories sold * The categories of personal information categories disclosed * The right to say no to the sale of Personal Data (opt-out). You have the right to direct Us to not sell Your personal information. To submit an opt-out request please contact Us. * The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to: * Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You. * Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. * Debug products to identify and repair errors that impair existing intended functionality. * Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for 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 that are reasonably aligned with consumer expectations based on Your relationship with Us. * Comply with a legal obligation. * Make other internal and lawful uses of that information that are compatible with the context in which You provided it. * The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer's rights, including by: * Denying goods or services to You * Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties * Providing a different level or quality of goods or services to You * Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services
Exercising Your CCPA Data Protection Rights -------------------------------------------
In order to exercise any of Your rights under the CCPA, and if You are aCalifornia resident, You can contact Us:
* By email: derek.nash@em-power.com
Only You, or a person registered with the California Secretary of State thatYou authorize to act on Your behalf, may make a verifiable request related toYour personal information.
Your request to Us 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 the required informationif we cannot:
* Verify Your identity or authority to make the request * And confirm that the personal information relates to You
We will disclose and deliver the required information free of charge within 45days of receiving Your verifiable request. The time period to provide therequired information may be extended once by an additional 45 days whenreasonably necessary and with prior notice.
Any disclosures We provide will only cover the 12-month period preceding theverifiable request's receipt.
For data portability requests, We will select a format to provide Yourpersonal information that is readily usable and should allow You to transmitthe information from one entity to another entity without hindrance.
Do Not Sell My Personal Information -----------------------------------
You have the right to opt-out of the sale of Your personal information. OnceWe receive and confirm a verifiable consumer request from You, we will stopselling Your personal information. To exercise Your right to opt-out, pleasecontact Us.
"Do Not Track" Policy as Required by California Online Privacy Protection Act(CalOPPA) ========================================================================
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities.If You are visiting such websites, You can set Your preferences in Your webbrowser to inform websites that You do not want to be tracked. You can enableor disable DNT by visiting the preferences or settings page of Your webbrowser.
Children's Privacy ==================
Our Service does not address anyone under the age of 13. We do not knowinglycollect personally identifiable information from anyone under the age of 13.If You are a parent or guardian and You are aware that Your child has providedUs with Personal Data, please contact Us. If We become aware that We havecollected Personal Data from anyone under the age of 13 without verificationof parental consent, We take steps to remove that information from Ourservers.
If We need to rely on consent as a legal basis for processing Your informationand Your country requires consent from a parent, We may require Your parent'sconsent before We collect and use that information.
Your California Privacy Rights (California's Shine the Light law) =================================================================
Under California Civil Code Section 1798 (California's Shine the Light law),California residents with an established business relationship with us canrequest information once a year about sharing their Personal Data with thirdparties for the third parties' direct marketing purposes.
If you'd like to request more information under the California Shine the Lightlaw, and if You are a California resident, You can contact Us using thecontact information provided below.
California Privacy Rights for Minor Users (California Business and ProfessionsCode Section 22581) ==================================================================================================
California Business and Professions Code Section 22581 allows Californiaresidents under the age of 18 who are registered users of online sites,services or applications to request and obtain removal of content orinformation they have publicly posted.
To request removal of such data, and if You are a California resident, You cancontact Us using the contact information provided below, and include the emailaddress associated with Your account.
Be aware that Your request does not guarantee complete or comprehensiveremoval of content or information posted online and that the law may notpermit or require removal in certain circumstances.
Links to Other Websites =======================
Our Service may contain links to other websites that are not operated by Us.If You click on a third party link, You will be directed to that third party'ssite. We strongly advise You to review the Privacy Policy of every site Youvisit.
We have no control over and assume no responsibility for the content, privacypolicies or practices of any third party sites or services.
Changes to this Privacy Policy ==============================
We may update Our Privacy Policy from time to time. We will notify You of anychanges by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, priorto the change becoming effective and update the "Last updated" date at the topof this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes.Changes to this Privacy Policy are effective when they are posted on thispage.
Contact Us ==========If you have any questions about this Privacy Policy, You can contact us: * By email: derek.nash@em-power.com