Recurrent Motors, Inc. (“Recurrent,” “we,” or “us”) provides this Privacy Notice to explain our practices relating to our collection, use, processing and sharing of information we collect from you or that you may provide to Recurrent when you visit our website (www.recurrentauto.com)(the “Site”) or interact with us via our services. This Privacy Notice is incorporated into and forms a part of our Terms of Service (www.recurrent.com/terms). Capitalized terms used in this Privacy Notice but not defined have the definitions assigned to them in the Recurrent Terms of Service.
This Privacy Notice applies to information that Recurrent collects: on or through the Site; in email, text and other electronic communications between you and Recurrent; through use of any software applications we may make available to you (“Software”); and when you interact with our advertising on third-party websites and services. This Privacy Notice does not address, and Recurrent is not responsible for, the policies and practices of third parties, including policies and practices related to privacy and security, data collection, processing, use, storage, and disclosure. This includes: (a) any third party websites or services (including, but not limited to, a connected services account with your vehicle manufacturer); or (b) any app provider or social media platform provider (such as Facebook or Twitter) - including any personal information you disclose to other organizations through or in connection with use of the Site.
Please read this Privacy Notice carefully. By accessing or using our Site or taking any of the actions described above, you agree to the terms of this Privacy Notice. If you do not agree to the terms of this Privacy Notice, do not access or use the Site or engage in the actions described above.
1. INFORMATION COLLECTED
1.1. Personal Data. We may collect certain information that personally identifies you or in conjunction with other information can identify you ("Personal Data"), such as your name, address, email address, telephone number, payment information, your responses to surveys or online forms, your location, and other information that you choose to submit when you interact or communicate with us.
1.2. Device, Log and Similar Data. We may collect information about your device or usage of our Site or Software. This information may include, but is not limited to, your Internet Protocol (IP) address, internet service provider or mobile carrier, operating system, browser type, device type, location, language, referring website, application or ad, log files, time and date stamps, pages and files on the Site that you view, links you click on, and crash or bug reports with error causing or non-executing code texts and functions. Some of this information, either alone orin connection with other information we collect, could personally identify you.
1.3. Vehicle Data. If you elect to use some of our Software or services, we may collect information about your vehicle, including but not limited to: vehicle make, vehicle model, vehicle year, trim, vehicle identification number (VIN), current odometer, current state of charge, current charging status, and current range estimate. Data about your vehicle that qualifies as Personal Data is handled as per Section 1.1; we may also process Vehicle Data in other ways as described below.
2. HOW WE COLLECT INFORMATION
2.1. Your Communications. We collect information, which may include Personal Data, when you: contact us to request information about our services; request customer support; use a“contact us” or similar feature; send us feedback; or otherwise communicate with us (including without limitation through email, via messaging platforms, and through social media platforms).
2.2. Subscriptions and Responses. We collect information, which may include Personal Data, when you subscribe to receive newsletters or other periodic updates from us, respond to questions or surveys, or post to discussion boards or forums.
2.3. Interactions with the Site, Software, or Services. We collect information, such as device, log and similar data, and may include Personal Data, automatically when you navigate or interact with our Site or Software, our services or emails.
2.4. Cookies. Recurrent, and third parties providing services to Recurrent, utilize certain technologies to recognize you when you use the Site, track your interactions with the Site, and personalize your experience. These technologies include devices such as cookies, web beacons, pixels and similar devices. Cookies are small data files we transfer to your computer hard drive. We utilize some cookies that remain on your computer after you leave the Site so that we can recognize you when you return. We also utilize session cookies to enable certain features of the Site, to better understand how users interact with the Site and monitor use of the Site users and web traffic to the website. Session cookies are deleted from your computer when you log off from the Site and close your browser. You maintain control over some of the information we collect through the use of cookies, and you can set your preferences regarding the use of cookies through your browser settings. If you choose not to accept cookies, you may not be able to access portions of the Site or use certain functionality of the Site. Use of cookies helps us to improve our Site and to deliver a better and more personalized service.
2.5. Third Parties. Recurrent may also obtain Personal Data about you from third parties. For example, our business partners or service providers may provide us information about you. Such information maybe collected offline, online or from publicly or commercially available resources. We may combine information we collect with information we receive from third parties. For example, we may combine information we have collected offline from third parties with information we collect from your use of our Site.
3. USE OF INFORMATION WE COLLECT
3.1. Operation and Improvement of our Site and Business. We use your information, including Personal Data, to operate our business and provide the Site, Software and related services to you. We may also use your information to develop new features, products or services and to improve the quality of our products or services.
3.2. Responding to Communications. We use your information, including Personal Data, to respond to your communications to us, including communications submitted through the Site (such as through forms) or via email.
3.3. Customer Service and Technical Support. We use your information, including Personal Data, to provide customer service and technical support for our Site, Software and services.
3.4. Advertising and Marketing. We may use your information, including Personal Data, to send you marketing communications or provide advertising promoting our Site, products or services. If you do not wish to receive such communications, you can choose to opt-out of receipt using the unsubscribe link within each communication.
3.5. Statistical Modeling. We may process your Vehicle Data in conjunction with information from other vehicles to generate derived and aggregate data for research and analytical purposes. Derived and aggregate data generated from your Vehicle Data does not relate to you or identify you as an individual; as such, it is not Personal Data subject to this Privacy Policy.
3.6. For Enforcement or Maintenance of Agreements. We may use your information, including Personal Data, to carry out our obligations and enforce our rights under agreements between you and Recurrent, or to advise you of changes to our terms, conditions or policies.
3.7. Security. We may use your information, including Personal Data, to investigate suspicious activity related to our Site, Software or services, to enforce our Site policies, or as otherwise necessary to protect our legitimate interest in promoting the safety and security of our Site, Software, systems, applications, and users.
3.8. Complying with Legal Obligations. We may use your information, including Personal Data, when necessary to cooperate with public and government authorities, courts or regulators to the extent doing so requires the use or disclosure of information to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our Site, protecting our personal property or safety or that of third parties, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, responding to lawful requests, or for auditing purposes.
3.9. Other Authorized Purposes. We may use your information, including Personal Data, for any other purpose for which you have provided Recurrent authorization to use the information.
4. INFORMATION SHARING AND DISCLOSURE
4.1. Upon Consent. We may share your information, including Personal Data, with third parties if you provide us with authorization to do so or if necessary to provide you with services you’ve requested. Some features of our Site may provide you with the option to share information publicly or with specific third parties, in which case we would make such information available in accordance with the options you elect.
4.2. Third Parties. We may share your Personal Data (including Vehicle Data) with third-party service providers who assist us in providing the Site, Software and related services and operating our business. This may include third-party service providers that provide web hosting, subscription management, payment processing, customer research and analytics, discussion groups or forums, and customer support. If we share your Personal Data with third-party service providers, we require those service providers to maintain the confidentiality of the Personal Data we provide to them, and to not use the Personal Data we share with them for purposes other than the services they are providing to us. Note, however, that we may share derived and aggregate analytical data based on Vehicle Data with third parties for their analytical purposes.
4.3. Professional Advisors. We may disclose your information, including Personal Data, with professional advisors such as our lawyers, bankers, auditors, and insurers to the extent we are legally obliged to disclose such information or have a legitimate interest in sharing your Personal Data.
4.4. Responses to Legal Process, Subpoenas or Court Orders. We may disclose your information, including Personal Data, as required by law, such as in response to a court order, subpoena, lawful demand by a public authority, or similar legal process.
4.5. To Protect Our Business, Users or Others. We may disclose your information, including Personal Data, if we believe it is necessary to protect the property and/or rights of Recurrent, you, or a third party, to protect the safety of the public or any person, in the event of a legal dispute, or to prevent or stop activity we believe may pose a risk of being illegal, unethical or in violation of the Terms of Use.
4.6. Business Transfers. We may sell, assign, transfer or otherwise share some or all of our assets, including your Personal Data, in connection with a merger, acquisition, reorganization or sale of our assets or in the event of bankruptcy.
4.7. No Sales. Except in the limited circumstances described in Section 4.6, above, we do not sell your Personal Data to anyone for any purpose.
5. POLICY REGARDING CHILDREN
Our Site, Software and services are not intended for persons under 16 years of age, and we do not knowingly collect Personal Data from persons under 16 years of age. If you are a parent or guardian and believe that your child has provided us with Personal Data without your consent, please contact us at contact@recurrentauto.com. If we become aware that a person under 16 years of age has provided us with Personal Data, we will take steps to delete such information from our systems or obtain verifiable consent from a parent or legal guardian to retain the Personal Data.
6. SECURITY
We follow generally accepted industry standards to protect the information we collect, maintain and transmit. We have in place commercially reasonable means designed to provide reasonable and appropriate administrative, technical and organizational security measures to protect your personal information against risks such as temporary or permanent loss, destruction, and unauthorized or unlawful access, alteration, use or disclosure. This includes, for example, firewalls, password protection and other access and authentication controls. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot, and do not, guarantee the security of any information you transmit to us, and you do so at your own risk. We also cannot, and do not, guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. If you believe your Personal Data has been compromised, please contact us at contact@recurrentauto.com.
If we learn of a security breach involving your Personal Data, we will inform you of the occurrence of the breach in accordance with applicable law.
7. CHANGES TO THIS PRIVACY NOTICE
Recurrent may modify this Privacy Notice from time to time to reflect changes in our practices, policies, technologies and legal requirements. If we modify this Privacy Notice, we will update the “Last Updated” notice at the top and will notify you as and when required by applicable law. Any changes to this Privacy Notice are effective when we post the revised Privacy Notice on the Site. Recurrent will treat your continued use of Site, Software or our services after the effective date of any updated Privacy Notice as your acceptance of the Privacy Notice as revised. However, we will seek your affirmative consent to any material changes in our use of your Personal Data as described in a revised Privacy Notice if required by applicable law. You should review our Privacy Notice each time you access and use the Site, our Software or services.
8. YOUR CALIFORNIA PRIVACY RIGHTS
We do not share your Personal Data with third parties for their direct marketing purposes without your consent.
9. EU GENERAL DATA PROTECTION REGULATION (“GDPR”) NOTICE
9.1. Scope. This section applies when we act as the controller of Personal Data and the processing of such Personal Data is governed by the GDPR.
9.2. Personal Data We Collect. The Personal Data we collect is described above in Section 1.
9.3. Use of Personal Data We Collect. We use collected Personal Data for the purposes described above in Section 3.
9.4. Lawful Grounds. The lawful basis for us to process your Personal Data under the GDPR is the processing is necessary for our performance of our contract with you to provide the Site, Software and related services. We also rely on our legitimate interest in understanding how users interact with our Site, Software and services and in promoting and improving our services. We rely on your consent to send you marketing communications.
9.5. Information Sharing and Disclosure. We may share or disclose your Personal Data, as described in more detail in Section 4 above.
9.6. Security. Recurrent follows generally accepted industry standards to protect your Personal Data, as described in more detail in Section 6 above. We have in place commercially reasonable administrative, technical and physical safeguards to protect your Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unauthorized form of processing of your Personal Data in our possession. We cannot, and do not, guarantee the security or privacy of any information you transmit to us through the Site, and you do so at your own risk.
9.7. Transfer to United States. Recurrent is located in the United States and the Site is controlled and operated from the United States. By accessing, using or interacting with our Site, Software or services, your Personal Data will be transferred to, processed in, and stored in the United States. By using our Site, Software or services, or otherwise providing information to us, you consent to the transfer of information to the United States and the application of the laws of the United States, which may not provide the same types or level of protection as the laws of your jurisdiction.
9.8. Retention. We retain your Personal Data for as long as necessary to provide you the Site, Software and related services and for the purposes identified above in Section 3.
9.9. Your Rights. you have the following rights regarding your Personal Data:
10. CANADA PRIVACY PROVISIONS
10.1. Scope. This section applies if you live in Canada and we collect, use, disclose or otherwise process yourPersonal Data.
10.2. Consent. Canadian privacy laws require that we obtain your consent for the collection, use and disclosure of your Personal Data whenever possible. In certain circumstances, such as when we wish to provide you with marketing or promotional materials, we will obtain your consent for that specific use and disclosure of your Personal Data at the time of collection. Otherwise, by using the Site, our Software or any of our services or submitting your Personal Data to us, you consent to our collection, use and disclosure of your Personal Data as described in thisPrivacy Notice, including as set out in Sections 2, 3 and 4 above. However, we may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements
Where you have consented to our collection, use and disclosure of your Personal Data, you may change or withdraw your consent at any time by contacting us as set out in Section 11 below. In some circumstances, a change or withdrawal of consent may limit our ability to provide the Software or services to you or your ability to access certain areas of our Site.
10.3. Security. Recurrent uses reasonable and appropriate measures, including by following generally accepted industry standards as described in more detail in Section6 above, designed to protect your Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unauthorized form of processing of your Personal Data in our possession.
10.4. International Transfers. Personal Data collected by Recurrent or third parties referenced in this Privacy Notice may be used, stored and processed in another country, including the United States. We will use reasonable measures to ensure all Personal Data is protected, but cannot ensure that the laws of other countries will offer the same level of protection asCanadian laws. By accessing, using or interacting with our Site, Software or services and submitting your Personal Data to us, you consent to the transfer, use, processing and storage of yourPersonal Data outside of Canada.
10.5. Retention. We retain your Personal Data for as long as necessary to provide you the Site, ourSoftware and related services and for the purposes identified in this PrivacyNotice or otherwise identified to you at the time we collect your Personal Data.
10.6. Direct Marketing. We rely on your consent to send you marketing communications. If you have consented to receiving marketing materials from us, you can withdraw your consent to receiving those communications at any time by:
However, we reserve the right to send you transactional or informational emails such as customer service communications in connection with the Products and services you have purchased or changes to our Website, your account or our policies.
10.7. Your Rights. In certain circumstances, you may have the following rights regarding your Personal Data:
Recurrent: The GDPR section above only references transfers to the US. We have broadened this to allow for transfers outside of Canada, including the US. However, please let us know if you would prefer to limit it to the US.
Recurrent: Canada has quite restrictive anti-spam legislation that requires consent to send “commercial electronic messages” (i.e. marking and promotional emails and communications) to individuals, together with prescriptive requirements for the contents of those messages. We have made references to some of those content requirements here, such as the need for an unsubscribe mechanism, but we would be happy to provide you with further details, or review your marketing emails, upon request.
11. QUESTIONS
If you have any questions or concerns regarding this Privacy Notice, or if you wish to exercise any of your rights as described in this Privacy Notice, please contact us at contact@recurrentauto.com.
