Privacy Policy

EV POWER LTD

PRIVACY POLICY

(Last modified on March 9, 2023)

Welcome!

Welcome to the EV POWER LTD Website and Application. We thank you for using our Services and are confident that you will find them useful. EV POWER LTD (the company that owns and operates the Website and Application) takes your privacy and security of Personal Information very seriously.

Under data protection laws, i.e., Law 125(I) of 2018 providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of Such Data, and the General Data Protection Regulation (EU Regulation 2016/679) or the "GDPR", we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data. Our aim is to provide you with a secure environment and this strict Privacy Policy (the “Policy”) describes the limited ways your information is used and the limited access to such information.

Before installation of the Application, it is required to indicate your consent to our processing of your personal data. This Application is not intended for children, and we do not knowingly collect data relating to children.

Key Elements of this Policy

Here are the key elements of this Policy so you can know the important parts right away to make an informed decision about your consent for our collection, use and disclosure of your Personal Information. You can find the details in the rest of the Policy.

Definitions

The full list of definitions that may be used in this Policy can be found in our Terms of Use and have the same meaning in this Policy as they do there. Here are a few key definitions used in this Policy for your reference:

“CPO” refers to the Charge Point Operator. The CPO can purchase, install, own and operate a charging point(s), or operate them on behalf of third party owners.

“EV POWER LTD”, a Cyprus company registered under the laws of the Republic of Cyprus (ΗΕ 435277) at the address listed below is the controller and is responsible for your personal data. Where this Policy refers to “EV POWER LTD” it may refer to EV POWER LTD and /or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors, and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, or “us” in this Policy shall also refer to EV POWER LTD.

“GDPR” refer to the General Data Protection Regulation (EU Regulation 2016/679).

“Services” refer to the entirety of the online services provided to you by EV POWER LTD including the Websites and Application, no matter how they are accessed. The Services available to you may vary depending on your location, your account, how you are accessing them and other factors; however, this Policy covers any and all of the Services.

“Websites” refers to all of the Websites which are owned and operated by EV POWER LTD, and includes all their respective subdomains and subpages, present and future. This Policy covers your visiting or use of any and all of the Websites. The Websites are currently limited to the following:

• EV POWER LTD website located at the URL [evpower.com.cy].

Additional definitions shall be made throughout this Policy, but they will be recognizable as they will be capitalized, bolded, and in quotation marks.

Acceptance and Modifications

By visiting and / or using any of the Services, by clicking or tapping the acceptance button upon purchasing a Product or signing up for an account, you agree to be bound by the terms of the Policy. By submitting Personal Information to us through the Services or via other means, you consent to EV POWER LTD’s collection, use and disclosure of such Personal Information (as that term is defined below) in accordance with this Policy (as amended from time to time) and as permitted or required by law. If you do not agree to all the provisions contained in the Policy, you are not authorized to use the Services, and if you are making an order to purchase a Product, you should not proceed with your purchase.

EV POWER LTD reserves the right, at any time and without prior notice, to modify or replace the present Policy.

Any changes to the Policy can be found at this URL: https://evpower.com.cy/privacy. It is your responsibility to check the Policy periodically for changes. Your use of the Services following the posting of any changes to the Policy constitutes acceptance of those changes. If there are any significant changes to the Policy that materially affect the way we treat your information, we will use commercially reasonable efforts to notify you by sending a notice to the primary email address specified in your account, or by posting a prominent notice on the Websites and in the Application.

The Policy should be read in conjunction with the Terms of Use, as both these documents govern your use of the Services.

If you have any questions about the Policy, or if you wish to inquire about and / or access any Personal Information EV POWER LTD holds about you, please contact:

Data Protection Officer: EV POWER LTD                                   

·         Postal address: 62 Larnakos, Aglantzia, 2101, Nicosia, Cyprus.

·         Email address: legal@evpower.com.cy

·         Telephone number:  +357 700 888 09

What Does This Privacy Policy Cover?

This Policy covers the treatment of personally identifiable information, i.e., any information that identifies an individual, or can be used in conjunction with other information to identify an individual (“Personal Information”) and other information gathered by EV POWER LTD when you are visiting a Website or using any of the Services. This Policy also covers EV POWER LTD’s treatment of any Personal Information that EV POWER LTD may share with its business partners or other third parties under very limited circumstances.

This Policy does not apply to the general practices and treatment of information (whether Personal or not) by third parties that EV POWER LTD does not own or control, including but not limited to any third-party websites or services that you elect to access through the Services or via a link from the Services that are not owned by EV POWER LTD (“Third-Party Websites”), or to individuals that EV POWER LTD does not manage or employ. While we attempt to facilitate access or link only to those Third-Party Websites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third-Party Websites. We encourage you to carefully review the privacy policies of any Third-Party Website you access. We have named and provided links to the most important of these Third-Party Websites elsewhere in this Policy.

Finally, this Policy does not cover any Personal Information you send to EV POWER LTD via any non-secured, non-encrypted mode of communications such as email, instant messenger or other messaging service, or Twitter or any other social media, as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions sent to us in this manner, we encourage you to carefully examine what Personal Information you send to EV POWER LTD via these methods.

No Collection of Personal Information as a Matter of Course

EV POWER LTD does not, as a matter of course, gather any of your Personal Information while you visit or use the Services, unless you are asked to provide such information, for example by signing up for an account or making a purchase of Products. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose, as detailed more specifically in the next section.

Personal Information Collected and Its Uses

The following is an exhaustive list of Personal Information collected from you when you use the Services and what we use it for. You acknowledge and agree that you are submitting this Personal Information with your informed consent.

• “Contact Information”. When you make a purchase of Products, you will be asked for the following Personal Information: your name and surname, postal address and phone number. We only use this Contact Information to send you confirmation about your purchase, and to communicate with you about your purchase if necessary. If you sign up for our mailing list, we collect your name, email address, and location. We only use this Contact Information to send you emails about the Services and special offers and promotions that are available to you. If you make a purchase of a Product that includes an EV POWER account, we will use your email address to set up the account and communicate with you about the account, as described in the next sub-section. For more details on the treatment of your Contact Information, please see the Email Communications section further below in this Policy.
• “Account Information”. When signing up for an account, you will be asked for the following Personal Information: your email address. We may also create an account for you as described above in this Policy, in which case your email address is also Account Information in this Policy. We only use this Account Information to enable you to log in to your account so that you may use those portions of the Services requiring an account, and to communicate with you about your account if necessary, including instructions on setting up your account.
• “Billing Information”. As a Purchaser of Products or a Logged-in User adding funds to your Account, you will be required to enter the following information in order to complete your payment if paying online via credit card: credit card number, credit card expiry date, name on the credit card, and security (CVV) number. This information is only used to process the credit card transaction for your purchase of Products or adding funds to your Account, and to facilitate repeat payments. For more details on the treatment of your Billing Information, please see the Secured Payments section further below in this Policy.
• “Location Information”. To the extent your location is considered Personal Information, we may collect this information for various purposes including to show Charging Stations close to you.

·         Usage Data: includes details of your use of our Apps including, but not limited to, details regarding charging sessions, reservations and purchases for billing and accounting purposes. In addition to the functions and uses just described, EV POWER LTD may also use your Personal Information you have submitted in order to:

• Perform general User and Purchaser support; and
• Perform any functions as otherwise explicitly described to you at the time of your submission of your Personal Information.

Security of Information

EV POWER LTD uses only industry best practices (physical, electronic and procedural) in keeping any data collected including Personal Information secure.

All information you provide to us is stored on our secure servers. Any payment transactions by our chosen third-party provider of payment processing services will be encrypted. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Application, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict procedures and security features such as encryption, anonymization/pseudonymization procedures, to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

In addition, EV POWER LTD uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Services, and these third parties have been selected for their high standards of security, both electronic and physical.

All information, including Personal Information, is transferred with encryption using Transport Layer Security (“TLS”), a robust security standard for Internet data transfer and transactions. You can use your browser to check the valid TLS security certificate of the Services.

Non-disclosure of Personal Information to Third Parties

Except as provided in the next paragraph and specified in the next sections of this Policy, EV POWER LTD does not divulge any Personal Information gathered via the Services to third parties. Moreover, EV POWER LTD does not sell, rent, trade, or license any Personal Information regarding its Services Users to third parties. Only the Representatives and subcontractors of EV POWER LTD are responsible for the management and development of the Services, and only these individuals have access to the information collected there. These Representatives and subcontractors have all been instructed to comply with the Policy and are under contractual obligations of non-disclosure.

Notwithstanding anything in the Policy to the contrary, we may share any information we have collected about you or that you have submitted (whether Personal Information or not): (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the Terms of Use; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Services infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Services infrastructure or the Services generally); (4) to a parent company, subsidiaries, joint ventures, or other companies under common control with EV POWER LTD (in which case we will require such entities to honour this Policy); (5) if EV POWER LTD merges with another entity, is subject to a corporate reorganization, or sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

Transfer of Personal Information to Third-Party Services and Certain Third Parties

In addition to the Email Service Providers and Third-Party Payment Processors described in detail in the next sections of this Policy, EV POWER LTD uses certain “Third-Party Services” in order to augment the functionalities of the Services. When you submit Personal Information to us for the use of these functionalities you acknowledge and agree to the transfer of Personal Information to these Third-Party Services. The Third-Party Services used, and the information sent to them and the purposes for their use are:

• EV POWER LTD uses Google Maps for the Charging Station map, but no Personal Information is sent to these Third-Party Services, with the exception of your location, to the extent this is considered Personal Information.

In addition to these Third-Party Services, EV POWER LTD transfers some Personal Information to certain business partners and other parties as described in this paragraph, and by using the functions of the Services that generate this information you consent to this transfer. If you choose to use the function of the Services that finds electricians / installers near you to get a quote, your Contact Information will be transferred to the electricians / installers you have selected so that they can contact you and proceed with giving you your quote. We also may transfer photos or other information to the electricians / installers, and to the extent that any of this includes Personal Information you consent to this transfer as well. These third parties are under contractual or legal obligations to only use your Personal Information for these stated purposes.

Email Communications

EV POWER LTD utilizes mailing list technologies to send out promotional and other emails, as well as to send out emails related to your purchase of Products and general support. Personal Information is transferred to the Email Service Providers in order to manage the mailing list and for the emails to be sent out properly. Your Contact Information is only used to send out emails; the Email Service Providers do not use this Personal Information for any other purpose and will not transfer or sell your Personal Information to any other third party.

You may unsubscribe from EV POWER LTD’s mailing list at any time, by following the link at the bottom of such EV POWER LTD emails. Other types of emails, such as transactional, relational, and other emails related to the Services, relating to either your account or your purchase of Products, will not have an opt-out option as they are necessary for the use of the Services.

EV POWER LTD’s practices in regard to its emails are designed to be compliant with anti-spam laws, specifically the Regulation of Electronic Communications and Postal Services Law of 2004 (Law 112(I)/2004). If you believe you have received email in violation of these laws, please contact us using the contact information further up in this Policy.

Secured Payments

EV POWER LTD currently uses the “Third-Party Payment Processors” for processing of online secured payments for purchases of Products and for processing of payments made to add funds to your Account. When you make a payment through the Services, your Billing Information is transferred securely via TLS from the Services to the applicable Third-Party Payment Processor. No Billing Information is ever stored on servers controlled by EV POWER LTD. The Third-Party Payment Processors have our permission to store, on behalf of EV POWER LTD, the data pertaining to the executed transactions by Users (including all Billing Information) with the goal of ensuring a secure method of payment and proof of purchase archive, allowing for the protection of Users, and for follow-up as needed. This data may be used for validation and registration purposes of Users, and to trace any fraudulent activities if necessary. You may use the “remember me” function to remember your Billing Information to facilitate repeat payments; in any event this Billing Information is not visible to EV POWER LTD.

If you use PayPal, Apple Pay, or Google Pay to pay for your purchase of Products, no Billing Information is collected or seen by EV POWER LTD. In such cases you are taken directly to those Third-Party Payment Processors for processing of your payments, and the only information EV POWER LTD receives is confirmation that your payment was completed or rejected.

How the Application Accesses Your Device (“Permissions”)

The following is a complete listing and description of what functions on your Device that were developed by third parties are accessed and / or modified by the Application. Unless otherwise specified, these permissions apply to both the iOS Application and the Android Application. Where noted, these will function with explicit user permission only. You acknowledge that denying explicit permission may affect or reduce your user experience with the Services offered through the Application.

• Camera - Allows the Application to access your camera to take photos of Charging Stations(user permission only);
• Location - Allows the Application to access your current location to show you the nearest Charging Stations (user permission only);
• Network services access - The Application will access your wi-fi or cellular services to display your network connection, and exchange data with servers controlled by EV POWER LTD. Allows retrieval and sending of information from and to the internet in general;
• Notifications - The Application may send you notifications for various functions, for example the status of your Charging Point reservation (user permission only);
• Read and write Device storage - The Application uses the storage to store your login info and any downloaded billing documents

Using Your Device’s Settings and Uninstall for the Application

For the Application, you can access and change certain settings from the settings menu on your Device. You may also uninstall; uninstall methods may vary depending on your Device or iOS or Android version. EV POWER LTD has no control over these functions and denies any responsibility for your use thereof, and any data or Personal Information sent to third parties as a result of said activities.

Limited Gathering of Information for Statistical, Analytical and Security Purposes

On the Websites, EV POWER LTD may automatically collect certain information using the third-party analytics programs [Google Analytics]  (the “Web Analytics Programs”) to help us understand how our Users use the Websites, but none of this information identifies you personally. For example, each time you visit a Website, we may automatically collect (as applicable and depending on the Web Analytics Program) your IP address, browser and computer or Device type, access times, the web page from which you came, the web page(s) or content you access, and other related information. We use information collected in this manner only to better understand your needs and the needs of Website visitors and Services Users in the aggregate. EV POWER LTD also makes use of information gathered for statistical purposes to keep track of the number of visits to the Websites, the specific pages on the Websites, specific actions on a Website page, and Users generally with a view to introducing improvements to the Websites and Services.

EV POWER LTD also uses Google App Analytics (the “App Analytics Programs”) to track Users of the Application, how they use the Services, to improve the Services, and to diagnose technical problems. The App Analytics Programs use cookies and other technologies to collect data on Users’ behaviour and their Devices; in particular your Device's IP address (captured and stored only in anonymized form), Device screen size, Device type (unique Device identifiers), browser information, geographic location, and other non-identifiable information. The App Analytics Programs stores this information in a pseudonymized user profile. Neither the App Analytics Programs nor EV POWER LTD will ever use this information to identify individual Users or to match it with further data on an individual User.

Your IP address and other relevant information we collect using App Analytics Programs may be used in order to trace any fraudulent or criminal activity, or any activity in violation of the Terms of Use.

Aggregated Information

In addition to the information collected by the analytics programs as described in the previous section, we may also generate, use and disclose aggregated and / or anonymized information and statistics about the Services Users for marketing and strategic purposes. However, no User of the Services will be individually identifiable from these aggregated and / or anonymized information and statistics.

Tracking Technology ("Cookies") and Related Technologies

EV POWER LTD uses tracking technology (“cookies” and related technology such as tags, pixels and web beacons) in the Services and by visiting a Website or using the Application you agree to their use. Cookies are small text files placed on your computer or Device when you visit a website or use an online service, in order to track use of the site or service and to improve the user experience by storing certain data on your computer or Device. The Services use “session cookies,” which improve your user experience by storing certain information from your current visit on your computer or Device while you are making a purchase of Products or for certain other functions.

Specifically, we use cookies for the following functions:

• to facilitate logging in to the Services;
• to facilitate the shopping experience when you purchase Products;
• to facilitate the payment processing when you purchase Products or add funds to your Account;
• to keep track of your preferences while using the Services, including whether you have stored your Billing Information for future purchases of Products or adding funds to your Account;
• to provide general internal and User analytics and to conduct research to improve the content of the Services using analytics programs as described above in this Policy;
• to facilitate online advertising, as described more fully above in this Policy; and
• to assist in identifying possible fraudulent activities.

Your browser or Device can be set to refuse cookies or delete them after they have been stored. Please refer to your browser’s or Device’s help for instructions. Please note that deleting these cookies may reduce your user experience on the Services by requiring you to re-enter certain information, including information required to use the Services. Furthermore, deleting cookies may prevent certain functions from working at all. EV POWER LTD and its Representatives shall not be held responsible for any function that may not operate after you delete cookies, or any losses or damages (pecuniary or otherwise) arising from those functions not operating, or having reduced functionality.

Your rights under this Privacy Policy

You have the right under this Privacy Policy, and by the relevant applicable law if you are within the EU, to:-

a)    Request access to your Personal Information. 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.

b)   Request correction of the Personal Information that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.

c)    Object to processing of your Personal Information. 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 to where we are processing your personal data for direct marketing purposes. You also have the right to object to the recording of your telephone call when you are in contact with our customer services department, by notifying the advisor directly.

d)   Request erasure of your Personal Information. You have the right to ask us to delete or remove personal data. This right can only be exercised in certain cases where one of the grounds set out in Article 17 of the GDPR applies.  EV POWER LTD may concur when there is no good reason for us to continue processing your personal data. When exercising this right and your request is successful, we will immediately erase your personal data, within a reasonable time.

e)    Right to restriction of processing.

You have the right to obtain the restriction of processing of your personal data.  This means that we will mark the data stored to temporarily suspend its processing. This right can be exercised in terms of the grounds provided for in Article 18 of the GDPR, in particular when you dispute the accuracy of your personal data.  This right does not give rise to data erasure. We have to inform you before the restriction of processing is lifted.

f)     Request the transfer of your Personal Information. We will provide 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.

g)   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.

The rights as described hereinabove are not applicable in all situations. We may be entitled to refuse certain requests in accordance with the applicable law. For each request we receive we will carefully assess whether such an exemption applies and inform you accordingly of the outcome. In such case, we shall inform you for the rejection reasons and of your right to file a complaint with the Data Protection Authority and to seek a judicial remedy. Dealing with requests of individuals is carried out free of charge. However, we may charge a reasonable fee if your request is manifestly unfounded, repetitive, or excessive.

Exercising of your GDPR data protection rights

You may exercise your rights of access, rectification, cancellation, and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests.  If you make a request, we will try our best to respond to you as soon as possible and within one month of the receipt of the request. Any requests that are not related to the protection of personal data cannot be processed.

Simply send your request or call us on the number below:

+357 700 888 09

You have the right to complain to the Commissioner for Personal Data Protection about our collection and use of your personal data or if you feel that we have not addressed your concern in a satisfactory manner you may lodge a complaint with the office of the Commissioner for Personal Data Protection at http://www.dataprotection.gov.cy.

Transfer of Personal Information Outside the European Union;

We may transfer your personal data to recipients who may be located in countries that are not part of the European Union, or countries other than your country of residence.

These transfers are carried out to offer you our Services, or because our partners or our services providers operate from different countries and/or locations. We undertake to guarantee the same level of protection when we transfer your personal data when necessary and in accordance with the provisions under the GDPR, in particular by signing, on a case-to-case basis, standard contractual clauses defined by the European Commission, or any other mechanism described in the GDPR.

Risks Associated with the Internet and Wireless Data Transmission

Despite EV POWER LTD’s best efforts to ensure that third parties will not access or obtain your Personal Information through your use of the Services, complete confidentiality and security cannot currently be guaranteed on the Internet and / or where data is transferred via digital wireless technology of any type. Communication via the Internet or wireless data transmission is subject to interception, loss, or alteration. You acknowledge and agree that EV POWER LTD and its Representatives cannot be held responsible for damages resulting from the transmission of confidential information or Personal Information in this manner and that such communications are at your own risk.

Compliance with applicable laws on data protection

This Policy and EV POWER LTD’s practices in general are designed to be in compliance with Law 125(I) of 2018 Providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of Such Data, as amended from time to time as well as with the GDPR. If you have any questions regarding this compliance, please contact us using the contact information further up in this Policy.

© EV POWER LTD, 2023