Privacy Policy

Effective Date: October 1, 2023

Smart Charge America, a d.b.a. of Smart Charge Residential, Inc. (“Smart Charge America,” “we,” or “us”) offers an electronic vehicle charging solution for home and business users with hardware and an online service for the control of charging functions of intelligent charging dEVices (the “Service”).

The Service is accessible locally on a network and remotely through the Internet via this website and a mobile application. Smart Charge America is committed to protecting the privacy of its website visitors and the users of its service. Accordingly, Smart Charge America wrote this privacy policy to describe the kind of personal data it collects using this website (the “Website”), it’s my Smart Charge America service portal, and its mobile application, how it uses the collected personal data, and how it protects personal data.

1 Personal Data We Collect

1.1. General Categories of Personal Data Collected

We may collect information from visitors to our Website. Visitors may submit information to us using the Website, including name, email address, phone number, and message content. We may collect the following information on an aggregate basis when visitors visit our Website:
Visitors’ Internet protocol addresses
Locations of visitors
Web browser users are using
Operating systems used by visitors
Keywords or search terms used by visitors to find our Website
How many visitors view the Website or specific pages on it

We maintain records of those interested in our company. We may periodically send promotional emails about new products, special offers or other information that we think you may find interesting using the email address which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information you provide in response to these communications to customize the Website according to your interests.

When customers register an account to become a user (“User”) or our Service via the website or the Smart Charge America mobile application (“App”), we collect the following personal data elements to open an account

Name
Postal address
Email address
Phone number
Preferences as to electric vehicle charging, such as duration, power, and timing

1.2. Cookie Policy

1.2.1. Smart Charge America may use cookies in order to collect information related to the use of the Service through the Website. Cookies are data storage and recovery systems installed in the User’s equipment (computer or mobile dEVices) for the purposes stated in this policy in order to offer a better browsing experience.

1.2.2. Browsing and using the Service imply that the User accepts the installation of cookies in his/her equipment for the purposes herein. If the User decides not to accept the use of our cookies, the Service may be affected or certain features may not be operative, or EVen browsing may not be possible through this Service.

1.2.3 Types and purpose of the cookies used:

A. Technical cookies: allow the User browsing through the Service and using its options or services, such as traffic control and data communications, session identification, access to restricted parts, remember the elements that make up an order, perform the purchase procedure, apply for registration or the attendance to an EVent, use security elements while browsing, store content for the broadcast of video or sounds, or share content.

B. Customization cookies: allow the User to access the service with certain general features predefined according to certain criteria in the User equipment, such as the language, type of browser used to access the Service, regional configuration from where the Service is accessed, etc.

C. Analytical cookies: these are the cookies used by Smart Charge America or property of third parties that allow the owner to monitor and analyze the behavior of the Users of the Website. The information provided by these cookies is used to measure the activity and to identify browsing patterns of the Users of the Website in order to enhance the Website and Smart Charge America’s Service according to the analysis of the data on how Users make use of the Service.

D. Advertising cookies: allow an efficient management of the advertising spaces that may be included on the Website, which includes browsing patterns that allow obtaining information on the behavior of the User. These cookies allow tailoring the advertising content so that it is relEVant for the User.

Cookies configuration:

While browsing the Website the User has the option to allow, block or delete the cookies installed in his/her equipment by configuring the options in the browser. The following links provide instructions to Users so they can configure the use of cookies in their browser software:

Chrome: https://support.google.com/chrome/answer/95647?hl
Safari:https://support.apple.com/guide/safari/manage-cookies-and-websitedata-sfri11471/mac
Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefoxMicrosoft
Edge: http://windows.microsoft.com/es-es/internet-explorer/deletemanage-cookies#ie=ie-11

If using another browser, Users can obtain information on how to configure the use of cookies using their browsers’ help function. If Users need help to configure the cookies in their browsers, they can send an email to info@SmartChargeAmerica.com, and Smart Charge America will contact them as soon as possible to provide assistance.

1.3. Do Not Track Settings

Under California law, online service providers must say in their privacy policies how they respond to “do not track” settings that users can set in their browser software. Currently, there is no standard governing what, if anything, a website operator should do when receiving a “do not track” signal. Accordingly, Smart Charge America does not currently take action in response to a “do not track” browser setting. Smart Charge America will consider amendments to this policy accordingly if an industry standard regarding such settings emerges.

1.4. Children

Account holders must be 18 years of age or older. Our Service and Website are not intended for or marketed to children.

2. How We Use Collected Personal Data

2.1 We use personal data collected in accordance with Section 1 to provide the Website to visitors and to provide the Service to Users. All the personal data collected upon the registration of the User and/or during the use of the Service shall be included in a Smart Charge America database. Smart Charge America manages this database and uses it for the management and provision of the Service, as well as for sending
​​marketing, promotional and/or advertising communications related to its products and/or services.

2.2. Likewise, the User may, at registration, expressly consent to Smart Charge America collecting, using, and processing personal data to prepare customized user profiles, both in order to improve the efficiency and quality of the Service and to analyze and/or predict consumption and mobility habits and preferences. Such information shall be used to offer various kinds of products and/or services, either directly or by third parties, and Smart Charge America is hereby authorized to disclose such data to them. Users are entitled to rEVoke such authorization at any time. If a User does not give his/her authorization for the processing of the personal data arising from the use of the Service for the purposes stated above, Smart Charge America shall collect such Service usage data on an anonymous basis, so that using such data does not involve processing any personal data of the User.

2.3. Smart Charge America may use your address and email address to provide you with information about our Service or products, as well as to send special offers or surveys to individuals in our records.

3. Sharing or Disclosure of Personal Data

3.1 Smart Charge America may entrust third parties certain tasks required for the provision of the Service that involve processing of personal data. These third parties will act as data processors in behalf of Smart Charge America, and as such, they will be authorized to the access and use of such data solely to the extent required for the performance of the relEVant task. In particular, some of the tasks that can be entrusted to third parties are:

a) voice commands, for Smart Charge America hardware dEVices that can include such features;

b) cloud data storage by cloud services providers;

c) distribution, installation, and maintenance of the dEVices in order to offer prEVentive management services of them. Third parties to which we disclose personal data are vendors or outsource service providers that help us provide the Service or products to our Users, or that assist with support functions such as marketing, billing, payment card processing, and data analysis. We will require any such vendors or service providers to manage your personal data with privacy and security safeguards consistent with this privacy policy. From time to time, we may be required to respond to a subpoena, court order, search warrant, administrative or judicial process, requests by law enforcement agencies, or other requests that we must respond to under applicable law. We may disclose your personal data in response to any of these requirements.

Also, we may disclose your personal data to preserve the security of our systems, resolve disputes, or to assess any possible wrongdoing.

We also may share aggregate or anonymous information collected about Website or App usage, as long as the information does not identify any specific individuals.

We may share or transfer personal data about you in connection with a merger, acquisition, reorganization, or sale of assets of our business, in the EVent of bankruptcy, or during the negotiations leading to such an EVent. We will seek assurances from any buyer that your personal data will be used, shared, maintained, and disclosed consistent with the terms of this privacy policy.

Except as noted above, we will not sell, distribute, transfer, or lease your personal data to third parties.

4. Security

Smart Charge America has implemented and will maintain reasonable and appropriate administrative, physical, and technical security safeguards to protect the confidentiality, integrity, and availability of the personal data we collect and to protect it (i) against reasonably anticipated threats and hazards to the confidentiality, integrity, or availability of such personal data and (ii) against unauthorized, unlawful, or accidental loss, access, use, disclosure, or dissemination of such personal data.

5. Accessing and Exercising Choices Concerning Personal Data

If you wish to access personal data we maintain about you (to obtain a copy of such personal data) and/or to access, rectify (correct errors or update data), have Smart Charge America erase your personal data, or object to further use or disclosure, please send an email with your request to the address info@SmartChargeAmerica.com, with your proper identification and clearly stating the purpose of your request. Our privacy team will EValuate your request and respond.

If you are requesting that Smart Charge America rectify personal data about you, please keep in mind that we may have a legal right or obligation to preserve personal information as it currently exists.

If you are receiving information about our Service or products, special offers, or surveys by email or postal mail, you may opt out of further communications by emailing us at info@SmartChargeAmerica.com or using the contact information in the next section. Any email communications from us contain instructions on opting out of further email communications, although we will still send you emails relating to the support, administration, and security of our products and services

6. Contact Information

Please direct all questions or complaints about our privacy practices to our privacy team at: info@SmartChargeAmerica.com. You may also reach us by mail or courier at: Smart Charge America, 4616 W Howard Ln., Bldg. 2, Ste. 400, Austin, TX 78728 Attention: Privacy Team. If you have a complaint, please provide information relEVant to your complaint. Our privacy team will EValuate your complaint based on the information you provide and send you a response. We may need to ask you for additional information to EValuate your complaint. We will promptly investigate and respond to your communications about a complaint. You may have other rights under law and the right to contact the privacy regulator in your jurisdiction about your complaint.

7. Amendments to this Privacy Policy

Smart Charge America may change this policy from time to time. We will make changes by posting a rEVised copy of this policy to our Website or, if Smart Charge America deems it necessary, by email notice to you. Your continued use of our Website, Service, or mobile App after a rEVised version of this policy appears on the Website will constitute your approval of the amended version.