End User Privacy Policy
Last Updated: August 17, 2023
Summary
Our privacy policy is available in both Overview and Detailed forms.
We take the protection of our users ' personal data very seriously and we closely comply with all applicable data protection laws and regulations. Our privacy policy below ("Privacy Policy") describes what personal data we collect, how we use it, and the lengths we undertake to ensure the protection of it.
We do not sell your personal data to third parties and we do not send you unsolicited marketing. We treat your personal data with the utmost respect, as if it were our own, and do everything we can to ensure it does not fall into the wrong hands We collect your data for the purposes of providing high quality products that deliver value, gain insights that we can use to better serve you, provide support, and prevent fraud
The controller is FreeWire Technologies, Inc ("FreeWire" or "Company"), a Delaware corporation with headquarters at 7200 Gateway Blvd, Newark, CA 94560, USA The Company is represented by the CEO, Arcady Sosinov, and Co-Founder, Jawann Swislow ("we," " us, " or " our") and is under the jurisdiction of the Federal Trade Commission We offer websites at freewiretech com ("Website"), as well as web and mobile apps (each and jointly "App") that provide both guests and subscribers ("Users") with certain services related to our FreeWire Asset Management Platform ("AMP"), Boost line of products ("Boosts"), and Mobi line of products ("Mobis"), as defined in our End User License Agreement ("EULA").
FreeWire complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. FreeWire has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U S DPF FreeWire has certified to the U S Department of Commerce that it adheres to the Swiss-U S Data Privacy Framework Principles (Swiss-U S DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U S DPF If there is any conflict between the terms in this privacy policy and the EU-U S DPF Principles and/or the Swiss-U S DPF Principles, the Principles shall govern To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www dataprivacyframework gov/
In compliance with the EU-U S DPF and the Swiss-U S DPF, FreeWire commits to:
● Resolve DPF Principles-related complaints about our collection and use of your personal information EU individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF should first contact FreeWire at yourdata@freewiretech.com.
● Cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF.
© 2014-2023 FreeWire Technologies, Inc. FreeWire, AMP, and Mobi are trademarks of FreeWire Technologies, Inc. All rights reserved.
There is also the possibility for you to invoke binding arbitration if you a) are unsatisfied with the proposed resolution(s) offered directly by FreeWire, b) have contacted the appropriate independent recourse mechanism, and c) have raised the issue through your DPA to the Department of Commerce (DoC) and afforded the DoC an opportunity to use best efforts to resolve the issue
Please read the Privacy Policy carefully You can contact us at yourdata@freewiretech com with any questions
Overview
Controller
FreeWire Technologies, Inc
7200 Gateway Blvd, Newark, CA 94560, USA
Delaware Corporation
Corporate Officers: Arcady Sosinov, CEO and Jawann Swislow, Co-Founder
Our data protection offer can be reached at: yourdata@freewiretech.com
Purpose and Legal Basis of Processing Data; Legitimate Interests
Your data will be used in the App for:
● Implementation of this privacy policy (Art 6 (1) b GDPR)
● Fulfilling our commitment to provide access to our Website and App (Art 6 (1) b GDPR)
● Registering for an account within the App (Art 6 (1) b GDPR)
● Contacting you by email, text message, and/or phone call to provide support and ensure the App is functioning as expected (Art 6 (1) b GDPR)
● Fraud prevention (Art. 6 (1) b. and f. GDPR)
● Analysis of your usage to help improve our Website and App (Art. 6 (1) b. and f. GDPR)
● Anonymized aggregate analysis of your and other Users' usage to draw insights about energy consumption (Art. 6 (1) b. and f. GDPR)
● Marketing purposes if we have received your explicit consent (Art. 6 (1) a. GDPR)
Your data will NOT be used in the App for:
● Unsolicited marketing communication
● Sale to third parties
The applicable legal provision is the regulation European Union (EU) 2016/679 of the European Parliament and Council of April 27, 2016, repealing the directive 95/46/EC, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, "GDPR") Regarding the data processing based on Art 6 (1) f GDPR, our goals are to provide high quality product Website and App experiences, relevant marketing, and robust fraud prevention
Supplying Data
We require your data for the purposes described above If you opt not to provide any of the required data, you may be unable to use our Apps or other FreeWire products and services In some cases personal data may not be required for usage of our Apps, and therefore will not be requested
Recipient(s) of Data
We and our external service partners receive your data for purposes described above, but FreeWire remains the sole controller Anyone with access to your personal data is bound by an agreement to keep such data confidential and is encouraged to treat it with the highest respect
FreeWire does not currently transfer personal data onwards to any third-party controllers If or when this does occur, we affirm that we will a) transfer such data only for limited and specified purposes; b) ensure all third-party controllers are contractually obligated to provide equal or greater levels of protection and security as those described in this Privacy Policy; c) take reasonable and appropriate steps to ensure that the third party processes the data transferred in a manner consistent with our obligations under the EU-U S DPF and the Swiss-U S DPF; d) require the third party to notify us if it can no longer meet its obligations; e) take reasonable and appropriate steps to stop and remediate unauthorized processing, when notified; and f) provide a summary or a representative copy of the relevant privacy provisions of each third party's contract, upon request. FreeWire remains liable if a third-party controller processes personal data it received in an onward transfer from FreeWire in a manner inconsistent with the EU-U.S. DPF and the Swiss-U.S. DPF Principles, unless it is proven that FreeWire was not responsible for the event giving rise to the damage.
Transfer of Data Outside of the EU
In the course of processing your data it will be transferred to countries outside the EU. This may happen via implementation of third-party providers, such as cloud services and external service partners, which process data controlled by us. All third-party providers used by FreeWire are required to maintain equivalent personal data protection standards. For details please refer to our Detailed Privacy Policy.
Your Rights
You have the right to revoke your consent for us to use your data according to this Privacy Policy at any time In the event that your consent is revoked, we will stop processing your data and delete it immediately However, such data may continue to be used if, for example, it is still needed for ceasing the commitment and ensuring your information is not re-added to our App without your explicit request
You have the right to request a full copy of the data stored by us and to amend or update your data as necessary if you deem any of the data to be incorrect. This data will be delivered in a structured, current, and machine-readable format.
You have the right to request that your data be erased. However, this will not apply if continued processing of your data is necessary to exercise the right to freedom of expression and information; to fulfill a legal obligation; for reasons of public interest; or to assert, exercise, or defend legal claims.
To exercise any of your rights, you may reach us at yourdata@freewiretech com
Period for Storing Data; Deletion
Your data is stored unless or until you request its deletion. We promise to be respectful of it for as long as we control it and to only use it for purposes you have approved For more details please refer to VII below
Right to Lodge a Complaint
You have the right to lodge a complaint with a supervisory authority of your choice.
● Residents of the EU can find their local data protection authority using this website: http://ec europa eu/justice/article-29/structure/data-protection-authorities/index en htm
● Residents of Switzerland can contact the Swiss Federal Data Protection and Information Commissioner at this website: https://www edoeb admin ch/edoeb/en/home/the-fdpic/task html
Detailed
I What is personal data?
II. How is my personal data used within the Website?
III. How is my personal data used within the App?
IV What kinds of cookies, web tools, and third-party providers do the Website and App use, and how?
V What third-party providers are processing data when using the App? Is my data processed outside the EU when using the App?
VI Could my personal data be transferred to or shared with third parties? Is my data processed outside the EU when using the App?
VII Your Rights
VIII Data Security
IX Access, Scope of Application, Contact
I. What is personal data?
1 Personal Data and Consent
a. Personal data is any information relating to an identified or identifiable person. An identifiable person is one who can be identified, directly or indirectly, especially by reference to an identification number or to one or more factors specific to such person ' s physical, physiological, mental, economic, cultural or social identity Personal data includes (but is not limited to) name, email address, telephone number, and home address Personal data also include information about hobbies, memberships, and websites viewed by such person
b We will only collect, use, and/or pass on personal data if it is permitted by law or if the User consents to processing their data Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's (person's) wishes by which they, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to them (top)
II. How is my personal data used within the Website?
1. Visiting the Website
a. We (or the webspace provider) collect data about each visit of the website ("Access Data"). Access Data includes the following:
i. Name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, User's operating system, referrer URL (the previously visited page), IP address, and the requesting provider © 2014-2023 FreeWire Technologies, Inc.
b When using a mobile device Access Data also contains:
i Country code, language, device name, operating system, and version name
c We use these Access Data only for statistical analysis for the purpose of operation, security and optimization of our App However, we reserve the right to check these Access Data retrospectively if there is a justified suspicion of illegal use and in the case of legal subpoena This data is then stored to prevent the misuse of our Website and, if necessary, allow us to investigate any crimes committed. The storage of this data is necessary in order to protect us as the person responsible for processing the data. As a matter of principle, this data will not be passed on to third parties unless there is a legal obligation to pass it on or the transfer of data serves criminal prosecution purposes. This data processing is based on Art. 6 (1) f. GDPR and our goals are to provide a high quality product, relevant marketing, and robust fraud prevention.
2 Contacting Us
a. When contacting us, the User's details are stored for the purpose of processing the inquiry and, if applicable, follow-up questions based on your consent (legal basis Art 6 (1) a GDPR)
3. Newsletter
a Our newsletter provides updates about the FreeWire website, our Apps, and the Company as a whole
b When registering for the newsletter, a User has to provide an email address This email address will be transmitted to and stored by us (or a provider as specified below)
c After registration, the User will receive an email to confirm the registration ("double opt-in") Via clicking the registration link you have given your consent to the processing of your personal data for receiving our newsletter according to Art. 6 (1) a. GDPR and we may process such data accordingly.
d. In case of registration for the newsletter we (or our provider as specified below) also store the IP address, the device name, the mail provider, as well as the User's first and last name and the date of registration.
e. Use of HubSpot; Transfer of Data outside the EU
i. The email newsletter service provided by HubSpot, Inc. ("HubSpot"), Two Canal Park, Cambridge, MA 02141, USA receives and processes on our behalf the data necessary for sending newsletters This data may be processed on servers in the USA HubSpot adheres to the standard contractual clauses annexed to the European Commission’s Decision (EU) 2021/914 of 4 June 2021, currently found at https://eur-lex europa eu/eli/dec impl/2021/914 Please refer to the HubSpot Data Processing Agreement for details, currently found at https://legal hubspot com/dpa
4. Profiling and automated decision-making when visiting the Website
a We do not use profiling or automated decision-making when processing data concerning our Website, except as follows. Our third-party providers (such as set forth in III below) may carry out such profiling in some cases. If this is the case, we will inform you if possible. Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a person, in particular to analyze or predict aspects concerning that person ' s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect on them or substantially impairs them in a similar manner. This shall not apply where the decision (i) is necessary for the conclusion or performance of a contract between the data subject and the person responsible, (ii) is admissible under the laws
of the EU or of the member state to which the person responsible is subject and where such laws contain appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, or (iii) is taken with the explicit consent of the data subject In these exceptional cases, the person responsible shall take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to obtain an action by the person responsible, to state his own position and to challenge the decision.
III. How is my personal data used within the App?
1 Registration
a In order to fully use the services of the App, you will need to register You can register via the web app at https://account freewiretech com or within the mobile app The data we collect upon registration may include:
i First Name
ii Last Name
iii Address
iv Zip Code
v. Email
vi. Username
vii. Mobile Phone
viii. Vehicle Type
ix. Vehicle Color
x. License Plate
b. You can manage this data at any time via the App by updating the information contained in your user profile.
c This data is used solely for the purpose of delivering services within the App, and will not be used for any marketing purposes without your explicit consent
d The data collected as part of the registration process, and any further data entered, will only be used for (i) the purpose of delivering services within the App to the extent that this processing is necessary for the fulfillment of a contract with us or for the implementation of pre-contractual measures and (ii) the purpose of contacting Users to provide support
e The processing of data when using our App is based on your explicit consent when signing up (based on Art 6 (1) a GDPR) as well as the legal basis of Art 6 (1) b GDPR The data will be processed when it is necessary for the fulfillment of a contract between User and us, or for executing any measures that take place on User's/your request prior to the contract.
2. Use of the App
a. As the App is used, Users may submit more data about the way they use the App, the way they use our hardware, their locations, and more.
b. We use the information and data collected in the App, including your personal data, only to fulfill our contractual obligations on the User's behalf, on the legal basis of Art. 6 (1) b. GDPR and as further set forth in this Privacy Policy.
c Each User and us enter into a respective separate data processing agreement if we process personal data controlled by the User
d We use an external payment provider We do not store or receive any kind of payment or credit card data
Profiling and automated decision-making when using the App
a For EV, the order in which vehicles are charged may be controlled by an algorithm This algorithm looks at vehicle and Boost/Mobi data points including (but not limited to) check-in time, kWh requested, completion time requested, total number of vehicles needing a charge, vehicle capacity, Boost/Mobi charge rate, and Boost/Mobi availability Personal data about Users is not considered in this algorithm
b. In addition, our third-party providers (such as set forth in III above) may carry out such profiling in some cases. If this is the case, we will inform you if possible. Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person ' s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect on them or substantially impairs them in a similar manner. This shall not apply where the decision (i) is necessary for the conclusion or performance of a contract between the data subject and the person responsible, (ii) is admissible under the laws of the EU or of the member state to which the person responsible is subject and where such laws contain appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, or (iii) is taken with the explicit consent of the data subject In these exceptional cases, the person responsible shall take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to obtain an action by the person responsible, to state his own position and to challenge the decision
IV What kinds of cookies, web tools, and third-party providers do the Website and App use, and how?
1 Cookies
a In order to offer you a convenient online service featuring numerous functions, our Website and App use text files ("Cookies") containing information to identify returning visitors Cookies facilitate the transfer of specific content, such as entering data, which has already been supplied, and help us identify popular sections of our Website and App.
b. OPT-OUT: You can deactivate the use of Cookies in the settings of your internet browser at any time. To find out how to change the settings, please consult the help function of your internet browser. You may also deactivate and manage Cookies via http://www.aboutads.info/choices/ (US-website-provider) or http://www.youronlinechoices.com/uk/your-ad-choices/ (EU-website-provider).
2. Google Analytics
a. Our Website uses Google Analytics. It is a web analytics tool offered by Google LLC, Mountain View, CA, USA ("Google") This analysis service also uses Cookies The information stored in the corresponding files about the use of this Website are generally transmitted and stored in Google servers in the USA This information will be used to evaluate your use of the services offered here and enable us to analyze your website activity and provide other services associated with the Website The IP address transmitted from your browser, as part of Google Analytics will not be merged with other data from Google
b OPT-OUT: Adjusting the settings of your browser can prevent the use of Cookies by our Website In this case, it may be possible that the functions cannot be used in their entirety Furthermore, it is possible to prevent the acquisition and processing of data generated by the Cookies in relation to the use of our Website, by downloading and installing the browser plugin available at the following link: https://tools google com/dlpage/gaoptout?hl=en
c In 2017, Google received confirmation of compliance from European Data Protection Authorities for its standard contract clauses, affirming that their contractual commitments for Google Workspace and Google Cloud met the requirements to legally frame transfers of personal data from the EU to the third countries that do not provide adequate protection. Please refer to Google Cloud & the General Data Protection Regulation (GDPR) for details, currently found at https://cloud.google.com/privacy/gdpr. (top)
V What third-party providers are processing data when using the App? Is my data processed outside the EU when using the App?
1 The use of our App may also include services and products by third-party providers, where data may be processed outside the EU These providers are listed on the following page
2 We process personal data of Users or other individuals provided by a User (as a business that uses the App) on behalf of said User The User always remains the controller of such data and we act as a data processor subject to a separate data processing agreement
3 A list of such data processing and third-party providers that process personal data outside the EU is set forth in VI below
Amazon Web Services (AWS)
We use AWS to provide our App and related services and to host the data you provide to our App Amazon Web Services, Inc , 410 Terry Avenue North Seattle WA 98109, USA
Atlassian We use Confluence and Jira from Atlassian to provide and further develop our App and related services. Atlassian Corporation Plc, 341 George Street, Sydney, NSW, 2000 Australia.
GitHub We use GitHub from Microsoft to provide and further develop our App and related services. GitHub Inc , 88 Colin P Kelly Jr St, San Francisco, CA 94107, USA
HubSpot We use HubSpot to provide our email newsletter and to host your data associated with it HubSpot, Inc , Two Canal Park, Cambridge, MA 02141, USA
Google Cloud We use Google Cloud from Google LLC to provide and further develop our App and related services. Two Canal Park, Cambridge, MA 02141, USA.
Standard Contractual Clauses
https://aws amazon com/co mpliance/gdpr-center/
Standard Contractual Clauses
https://www atlassian com/t rust/privacy/country/europe -and-gdpr
Standard Contractual Clauses
https://github.com/custom er-terms/github-data-prote ction-agreement
Standard Contractual Clauses
https://www hubspot com/ data-privacy/gdpr
https://legal hubspot com/ dpa
https://cloud.google.com/p rivacy/gdpr (top)
Standard Contractual Clauses
VI. Could my personal data be transferred to or shared with third parties? Is my data processed outside the EU when using the App?
1. We transfer personal data to third parties only as disclosed within this Privacy Policy and within the scope of legal provisions. For example, if we are obliged to transfer the data due to a government or court order, or if applicable legal provisions authorize the transfer. When we use third-party providers who process data outside the EU, such third-party providers guarantee to comply with EU data protection standards as set forth in this Privacy Policy.
In cases where a third party is found to have breached their personal data responsibilities, FreeWire may only be held liable if it can be determined that FreeWire did not make a good faith effort to determine if such third party was in compliance
3 For details of data processing by third-party providers both inside and outside the EU when using the Website and App, please also refer to III above
4 For details of data processing by third-party providers both inside and outside the EU when using the App, please also refer to IV and V above. We process personal data of Users or other individuals provided by a User (as a business that uses the App) on behalf of said User. The User always remains the controller of such data and we act as a data processor subject to a separate data processing agreement.
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VII. Your Rights
1. You have the rights to access, rectify, and erase of your personal data, as well as to restrict its processing, withdraw it, and transfer it
a. You have the right to withdraw your consent relating to our use of your personal data at any time when such data processing is based on your consent.
b. You are entitled to access the data stored by us, and are also entitled to amend or rectify your data if such data is incorrect.
c. You are entitled to request the erasure of your data.
d. You are entitled to receive information about the stored data (in a structured, current and machine-readable format) at any time, and to request the correction or deletion of the data in case of incorrect data storage
e For such withdrawal of your consent, access, erasure, or information on your data, please send us an email yourdata@freewiretech com
2 You have the right to lodge a complaint
a You have a right to lodge a complaint via a supervisory authority of your choice The main supervisory authority in the United States is the Federal Trade Commission (FTC)
b An overview of the European National Data Protection Authorities may be found here: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item id=612080
3. Duration of the storage of personal data; deletion periods
a. As a rule, we store your personal data for as long as it is necessary for the execution of the contract or the respective purpose, and limit the storage period to an absolutely necessary minimum. Your personal data is deleted immediately upon your request of an account closure.
b. In the case of long-term commitments, such as the use of our App, these storage periods may vary, but are generally limited to the duration of the commitment or, with regard to the inventory data, to the maximum legal retention periods.
c Criteria for the storage period include whether the data is still up-to-date, whether the commitment with us still exists, whether an inquiry has already been processed, whether a process has been completed or not, and whether legal retention periods for the personal data concerned are relevant or not
VIII. Data Security
In order to ensure the best possible protection of the data, the Website and App are designed according to widely accepted data security standards, as well as technical and organizational measures.
1 SSL connection of the Website and App
a In order to ensure the best possible protection of the user ' s data, the App is offered via a secure SSL/TLS connection between the User's server and the browser, i e the data is transmitted in encrypted form
2. Servers and System Security
a The data we process in connection with our Website and App is stored on servers outside the EU, in the USA All of our third-party providers adhere to the European Commission's standard contractual clauses for data transfers between EU and non-EU countries. Many are also certified according to the EU-U.S. DPF and the Swiss-U.S. DPF Principles.
b. Our servers are accessible only via whitelisted connections.
IX. Access, Scope of Application, Contact
1. Frontend access to personal data is limited to only those employees who require access to perform their responsibilities, such as support staff and EV attendants.
2. We are entitled to amend this privacy policy in accordance with the applicable regulations.
3. We have appointed a data protection officer who may be reached via yourdata@freewiretech.com. Please send an email to exercise your rights or with additional questions about the issue of personal data.