PRIVACY POLICY


(Last modified on October 12, 2020)

Welcome!

Welcome to the ChargeHub and Mogile Websites and Application. We thank you for using our Services, and are confident that you will find them useful. Mogile Technologies Inc. (the company that owns and operates the Websites and Application) takes your privacy and security of Personal Information very seriously. We have provided and will continue to provide a secure environment and this strict Privacy Policy (the “Policy”) that describes the limited ways your information is used and the limited access to such information.


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.

Personal Information we collect from you but only with your consent What we do with it Third parties we share it with
Contact information, such as your name, email address and phone number Communicate with you about various aspects of the Services, such as sending you offers or details about your Product purchase Companies that provide our communications services, such as Freshdesk and Active Campaign
Account information (your email address) Facilitate your logging into the Services Parties who provide infrastructure for the Services, such as Microsoft Azure
Billing information such as your credit card information Process the payments for your purchase of Products or adding funds to your Passport Account Payment processing companies particularly Shopify and Stripe
Delivery information - your address Deliver the Products you purchased Delivery or fulfilment services such as Canada Post
Charger installation information, including pictures of your electrical panel, and your contact information Send the information to the installer you have selected for you to receive quotes, if you choose to use that function Installers / electricians you have selected

Some 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:

Mogile” refers Mogile Technologies Inc., a Quebec corporation located in Montreal, Canada at the address listed below. Where this Policy refers to “Mogile” it may refer to Mogile Technologies Inc. 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 Mogile.

Services” refer to the entirety of the online services provided to you by Mogile, 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.

Users” refers to anyone using any of the Services. In this Policy, a Services User may also be referred to as “you”. When a Services User has created an account and is logged in, they may be referred to as a “Logged-in User”. When a Services User has made a purchase of a Product, they may be referred to as a “Purchaser”.

Websites” refers to all of the Websites which are owned and operated by Mogile, 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:

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 Mogile’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.

Mogile reserves the right, at any time and without prior notice, to modify or replace any of the Policy. Any changes to the Policy can be found at this URL. 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 Mogile holds about you, please contact:


Mogile Privacy Officer
privacy@mogiletech.com

or:

Mogile Privacy Officer
315 Brunswick, Suite 200
Pointe-Claire, QC
Canada
H9R 5M7

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 Mogile when you are visiting a Website or using any of the Services. This Policy also covers Mogile’s treatment of any Personal Information that Mogile 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 Mogile 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 Mogile (“ Third-Party Websites ”), or to individuals that Mogile 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 Mogile 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 Mogile via these methods.

No Collection of Personal Information as a Matter of Course

Mogile 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, email 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. For more details on the treatment of your Contact Information, please see the Email Communications and Compliance with Anti-Spam Laws 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 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.
  • Billing Information”. As a Purchaser of Products or a Logged-in User adding funds to your Passport Account, you will be required to enter the following information in order to complete your payment if paying online via credit card: billing address, 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 Passport 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.
  • Delivery Information”. As a Purchaser, you will be required to enter your delivery address, if different from your billing address. This Delivery Information is only used to deliver your Product(s) purchased.
  • 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, to help you use the trip planner, and to pinpoint your location to help you find local installers for your electric vehicle home charger, if you choose to use those function of the Services.

In addition to the functions and uses just described, Mogile 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

Mogile uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including Personal Information) secure. In addition, Mogile 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. For example, Mogile uses Microsoft Azure, Amazon AWS, and Google Cloud, all recognized leaders in secure data, for hosting of the Services and related data, and storage of User data including Personal Information.

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, Mogile does not divulge any Personal Information gathered via the Services to third parties. Moreover, Mogile does not sell, rent, trade or license any Personal Information regarding its Services Users to third parties. Only the Representatives and subcontractors of Mogile 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 have 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 Mogile (in which case we will require such entities to honour this Policy); (5) if Mogile 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, Mogile 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:

  • As described in the Terms of Use, Mogile uses certain Third-Party Delivery Services (e.g. Canada Post, or other delivery and/or fulfilment service providers) to deliver purchased Product(s). Your Delivery Information is transferred to these Third-Party Delivery Services, who only use this Delivery Information in order to facilitate the delivery of your purchased Product(s).
  • Mogile uses Google Maps and other mapping and address services (specifically TomTom and mapbox ) to help pinpoint your address when you have made a Purchase, for the trip planner function, and 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, Mogile 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. If you are using the Passport function that is sponsored by a “Third-Party Sponsor” (such as an automobile manufacturer or power utility), some Personal Information may be transferred to the Third-Party Sponsor, but this will be communicated to you when you participate in such a program and / or redeem an offer from the Third-Party Sponsor.

Email Communications and Compliance with Anti-Spam Laws

Mogile uses ActiveCampaign to manage our mailing list and send out the promotional emails, and Freshdesk to send out emails related to your purchase of Products and general support (ActiveCampaign and Freshdesk, collectively the “Email Service Providers”). 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. For more information, please refer to ActiveCampaign’s Privacy Policy and Freshwork’s Privacy Policy (which applies to Freshdesk).

You may unsubscribe from Mogile’s mailing list at any time, by following the link at the bottom of such Mogile 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.

Mogile’s practices in regards to its email are designed to be compliant with anti-spam laws, specifically the law unofficially called “CASL”, or Canada’s Anti-Spam Law (S.C. 2010, c. 23). 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

Mogile currently uses the “Third-Party Payment Processors Shopify Payments for processing of online secured payments for purchases of Products, and Stripe for processing of payments made to add funds to your Passport 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 Mogile. The Third-Party Payment Processors have our permission to store, on behalf of Mogile, 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 Mogile.

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

Mogile Advertising and Opting Out

Mogile currently uses Google AdWords and Display Network and by using our Services you consent to this use. Specifically, Mogile uses the remarketing features of interest-based advertising of Google AdWords that delivers you advertisements that will be of particular interest to you, based on your browsing and activity history interacting with the Services. These advertisements will appear on third-party websites and services around the web. Google uses specific cookies to allow them to serve these ads around the web. You may prevent this type of advertising by deleting the appropriate Google cookie through your browser, though this may not be permanent. For a more permanent solution, you may opt out of such Google advertising by adjusting your Google ad settings or using the WebChoices online opt-out tool .

Mogile also advertises using Facebook Custom Audience , to display advertisements to you on Facebook that will be of interest to you, and by using the Services you consent to this use. Facebook may collect or receive information from our Services and other applications and use that information to provide measurement services and targeted ads. If you do not want to receive such Facebook advertisements, you can opt-out of such advertising by adjusting your Ad Preferences settings while logged in to Facebook.

Mogile also uses OptinMonster which may show you special offers from Mogile under certain circumstances when you are using the Services.

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, or photos for your account profile (user permission only);
  • Location - Allows the Application to access your current location to show you the nearest Charging Stations or use it as a starting point for the trip planner (user permission only);
  • Microphone - Allows the Application to access to your microphone to send voice messages to ChargeHub help (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 Mogile. 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 availability of Charging Stations (user permission only);
  • Read and write photo library / Device storage - The Application may read your photos to be used for your Account profile or to upload photos of Charging Stations, or store photos taken through the Application (user permission only).

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. Mogile 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, Mogile may automatically collect certain information using the third-party analytics programs Google Analytics , Crazy Egg , luckyorange , ActiveCampaign (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. Mogile 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.

Mogile also uses Google Firebase, Google Firebase Crashlytics, and Microsoft App Center (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’ behavior 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 Mogile 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 either the Web Analytics Programs or 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

Mogile 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 a 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 Passport 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 Passport Account;
  • to remember your location when using the Charging Station map so that it will load in the same place on future use;
  • 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. Mogile 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.

Verification, Correction and Deletion of Personal Information

You have the right to: (i) verify what Personal Information Mogile holds about you; (ii) ask for your Personal Information to be corrected or updated; and (iii) withdraw your consent to the use by Mogile of your Personal Information and have it deleted from our records. If you wish to inquire about and verify and / or correct Personal Information Mogile holds about you, or if you wish to have all your Personal Information permanently deleted from our records, please contact us using the contact information further up in this Policy. Please note that deletion of your Personal Information may make it impossible for you to use the Services, or certain portions thereof, and Mogile and its Representatives accepts no responsibility for any damages, pecuniary or otherwise, resulting therefrom. If you request deletion of your Personal Information, Mogile reserves the right to retain some of your Personal Information for a reasonable time in order to satisfy our legal obligations or under a legal procedure of any sort.

Transfer of Personal Information Outside Your Home Jurisdiction; European Users

Users may access the Services from any country in the world; however, most functions such as purchases of Products, Passport, and mapping functions are only available to Users in Canada and the United States. The Services are not intended for Users in the European Economic Area. Mogile and its third-party vendors, including service providers and hosting partners, are located in the United States and Canada. You acknowledge that Mogile and our third-party vendors may be located in jurisdictions or countries where the privacy laws may not be as protective as those in your home country, state, province or other governmental jurisdiction, and consent to the transfer of your Personal Information to such countries.

Risks Associated with the Internet and Wireless Data Transmission

Despite Mogile’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 Mogile 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 Privacy Laws

This Policy and Mogile’s practices in general are designed to be in compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”, S.C. 2000, c. 5) and Quebec’s An Act Respecting the Protection Of Personal Information in the Private Sector (R.S.Q. c. P-39.1). If you have any questions regarding this compliance, please contact us using the contact information further up in this Policy.

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