Privacy Policy

Who we are

Our website address is: https://www.ewicharge.com.

 

PRIVACY NOTICE OVERVIEW

This Privacy Notice (“Notice”) is designed to inform you about how we collect, use, share or otherwise process your personal data through your activity on our website or when we provide our products and services to you (collectively, the “Site”).

  1. DATA CONTROLLER

Ewicharge and its subsidiaries ([DRAFT NOTE: Ewicharge ,675 Sycamore Drive, Suite 150 Milpitas, CA 95035, lease identify the subsidiaries here]) together form the “Ewicharge Group”.(“Ewicharge”, “we”, “us”, “our/s”) is the data controller.  

 

  1. THE CATEGORIES OF INFORMATION WE COLLECT

Ewicharge collects and further processes Information you provide to us, as well as information collected via Cookies and other Technologies. as described in this Notice.

References to “information”, “personal Information”, “personal data” or any variants thereof in this Notice are equivalent to the term “personal data” as defined by GDPR or other applicable equivalent data protection legislation.

Information You Provide to Us

We collect personal data in the following instances:

  1. When you access our Site

Each time you access our Site, your internet browser automatically transmits the following information to our Site server and stores it in log files:

  • The information in log files includes IP addresses, browser type, operating system including installed add-ons and other technologies of your device, data about the internet service provider that provides access to our Site, referring/exit pages (referrer or origin URL), date/time stamp about your activities on our Site, clicks on our Site and page views, as well as information about your internet connection.

 

  1. When you provide your personal data

You provide data to us when you e.g. fill in contact forms or otherwise communicate with us, whether by email, post or telephone; create a user account; make use of our products or services, enter into a contract with us; give us feedback or contact us or in any other way you provide the information to us through our Site. This typically concerns the following personal data:

  • contact and identification data (gender, name, e-mail and postal / billing / delivery address, birth date, name and place, telephone numbers, other contact details and email address);
  • other data on professional circumstances and characteristics (e.g. place of business, department role in a business, senior level, name of employer);
  • financial transaction data, but only to the extent this information is linked to an individual person, not a company (bank account and payment method details);
  • user data (e.g. email, password, username or similar identifier, preferred settings, feedback);
  • data that you provide as part of a feedback;
  • any further data you voluntarily provide to us.

 

  1. When you request marketing materials

If you register to receive newsletters or other marketing material about our products and services, we process:

  • your email address and contact and identification details;
  • marketing communication data such as your chosen preferences for receiving marketing materials including communication channels;
  • the date and time of registration and confirmation.

 

  1. Information Collected Via Cookies and other Technologies

We also collect personal data on our Site when we use Cookies and other Technologies (with your consent where necessary). Please refer to the Cookie Notice in the Annex below to find out more.

 

Please note that you are generally not obliged to provide your personal data to us. However, if you do not provide your personal data, in some circumstances, we may only be able to provide you with limited services or not answer your enquiries. If the processing of your personal data is necessary for the fulfilment of a contract between you and us and you do not provide the required information, we may not be able to provide our contractual services to you.

 

  1. PROCESSING PURPOSES AND LEGAL BASIS

We use, collect, share, and otherwise process personal data for the purposes described in this Notice or as disclosed to you on our Site or in connection with our services. We only collect the amount of personal data needed to perform the specific processing activity for which the personal data was collected.

We process your personal data on the following legal bases, which we have allocated to single processing purposes in the table below:  

  • Legitimate interest: The processing is necessary for the purposes of our or a third party’s legitimate interests, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of your personal data.
  • Consent: You have given your consent to the processing of your personal data for one or more specific purposes.
  • Performance of contract or pre-contractual measures: The processing is necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering into a contract.
  • Legal obligation: The processing is necessary for the compliance with a legal obligation which we are subject to.

 

Purpose

 

Operating our Site for the public and for the purpose of enabling customers and interested parties to reach us

Legitimate interest (Ewicharge’s interest in providing a functioning Site)

Complete the registration and management of your user account and to facilitate your subsequent access to Ewicharge ‘s product services

Performance of a contract or pre-contractual measures or legitimate interest (Ewicharge’s interest in providing and maintain user accounts).

Communicating or otherwise interacting with you as a prospect or existing business partner, including, inter alia, customers and suppliers or other Site users (e.g. to discuss Ewicharge products and services, policies and terms and conditions or to respond to feedback or other enquiries).

Performance of a contract or pre-contractual measures or legitimate interest (Ewicharge’s interest in communicating with its business contacts and other Site users)

Provision and management of your user accounts on our Site

Performance of a contract

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection purposes and to apply our Site policies and other agreements.

Performance of contract or pre-contractual measures or legitimate interest (Ewicharge’s interest in asserting, enforcing claims or defending itself in legal disputes)

 

Consent or where consent is not required our legitimate interest (Ewicharge’s interest in advertising its products and services)

Assessing job application through our Careers page

Performance of a contract or pre-contractual measures (for employment purposes) or our legitimate interest (Ewicharge’s legitimate interest in responding to your application)

Collection of statistical information about the use of our Site (web analysis)

Consent or legitimate interest (Ewicharge’s interest in receiving information about the use of our Site, e.g. to improve our Site).

Investigating malfunctions and ensuring system security, including detecting and tracking unauthorised access attempts and access to our web servers (including criminal activities).

Compliance of legal obligations (for data security); legitimate interest (Ewicharge’s interest in system security, in particular troubleshooting and elimination of unauthorised access)

To comply with a judicial or administrative order e.g. in the course of judicial or administrative proceedings

Legal obligation

Facilitating the negotiation of any merger, financing, acquisition, or dissolution, transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all, or a portion of our business or assets to another company. In the event of an insolvency, bankruptcy, or receivership, personal data may also be transferred as a business asset. If another entity acquires our company, business, or assets, that entity will process the personal data collected by us to the extent permissible under applicable laws and in accordance with described in this Notice.

Legitimate interest (Ewicharge’s interest in expanding or selling its business or exercising its rights or fulfilling its obligations in an insolvency proceeding)

Using your personal data in any other way we describe when we ask you to provide information about you.

Legitimate interest (Ewicharge’s interest in fulfilling your request), your consent or performance of contract as applicable

 

  1. INFORMATION WE SHARE

We share your personal data with Service Providers and Other Third-Party Recipients.

  • Service Providers,
    • such as IT service providers or other contractors who support our business operations (e.g., payment processors, sales or support representatives, hosting providers, marketing partners, and other business consultants) who are bound by contractual obligations to keep personal data confidential and use it only for the purposes for which we disclose it to them;); or
    • persons who are subject to professional secrecy or are obliged to maintain confidentiality, for example lawyers, other consultants and auditors.

 

  • Other Third-Party Recipients
    • subsidiaries and affiliates within the Ewicharge Group, whereas only employees and departments with a “need to know” and only to the extent necessary to achieve the processing purpose, have access to your personal data;
    • such as public authorities, including courts and law enforcement agencies, insofar as this is necessary for compliance with any court order, law, or legal process, including to respond to any government or regulatory request or to protect our rights, property, or safety or that of our customers or others (e.g. for the purposes of fraud protection and credit risk reduction);
    • persons who are subject to professional secrecy or are obliged to maintain confidentiality, for example lawyers and auditors;
    • recipients in the course of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us is among the assets transfer; or
    • any other entity disclosed by us when you provide the information, or for which you provide consent.

 

  1. INTERNATIONAL TRANSFERS OF INFORMATION

Ewicharge is located in China, in a so-called “Third-Country” outside the EU/EEA, UK and Switzerland. Your interaction with us throughout the Site or by other means will lead to transfers of personal data to China and other Third Countries.

The EU Commission has not issued an adequacy decision for China (Art. 45 para. 1, 3 GDPR). This means that the EU Commission has not yet positively determined that the country-specific data protection level of China is essentially equivalent to that of the EU. Other Third Countries may also have different laws and data protection compliance requirements than the country in which you are located.

This can result in disadvantages such as an impeded enforcement of data subjects’ rights, a lack of control over further processing and access by state authorities. You may only have very limited legal remedies against this.

Insofar as we transfer your personal data to recipients in Third Countries that are not covered by an adequacy decision of the EU Commission (or respective governmental bodies in the UK, Switzerland or other countries), we achieve an adequate level of data protection by concluding standard contractual clauses of the European Commission or by means of binding corporate rules of our business partners (or respective transfer mechanisms in the UK, Switzerland or other countries) and supplement these transfer mechanisms with further contractual, technical and organizational measures if necessary. We also assess and document the risk of the related transfer in a so-called transfer risk assessment.

Where laws in other countries oblige us to implement stricter safeguards, we abide by these rules. 

You may contact us if you want further information on the specific mechanism used by us.

  1. RETENTION

We will only process your personal data for as long as is necessary to achieve the above-mentioned purposes. We delete your personal data as soon as it is no longer required for the purposes described in this Notice or – if you withdraw your consent or when you request us to delete your personal data, unless we have a legal basis to further retain your personal data. In some cases, we are entitled to further retain your personal data when we have a legitimate interest or a legal obligation to do so. For example, we may retain your personal data to resolve disputes, enforce our contracts, or comply with legal requirements, including (tax) retention obligations; in that event, your personal data will be blocked from use for any other purpose. With regard to the use and retention period of information collected via cookies and other technologies, please refer to our information about Cookie notice.

 

  1. YOUR RIGHTS

We will honor your rights to Access, Correct, Erase, Restrict, Transfer, Object, and Withdraw Consent with respect to your personal data at any time. You are entitled to

 

  • request access to your personal data and copies of the personal data we hold about you.
  • request correction of the personal data that we hold about you in order to have any incomplete or inaccurate information corrected, though we may need to verify the accuracy of the new information you provide to us.
  • request erasure of your personal data in order to ask us to delete or remove personal data where there is not a good reason or legitimate interest for us to continuing to process it. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. For example, where we have a legal obligation to retain and store your personal data.
  • request restriction of processing of your personal data in order to ask us to suspend the processing of your personal data.
  • request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to personal data which you initially provided consent for us to use or where we used the personal data to perform a contract with or provide services to you.
  • object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your personal data which override your rights and freedoms. You may, in particular, control the extent to which we market to you and you have the right to request that we stop sending you marketing messages at any time.
  • withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. In particular, you may opt out of receiving promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about our ongoing business relations.

 

You can exercise these rights or find answers to your questions by contacting us. These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law or have compelling legitimate interests to keep.

 

You also have right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes applicable laws.

 

We do not make decisions based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects you.

 

  1. DATA SECURITY

We protect your data against loss, misuse, disclosure, alteration, unavailability, unauthorized access and destruction and maintain the confidentiality of your data. This is done, among other things, through the use of appropriate technical and organizational measures. We choose our security measures taking into account the state of the art, the implementation costs and the nature, scope, context and purpose of the processing and continuously improve them. Technical measures include, for example, the use of encryption (e.g. TSL encryption for data in transit), access control to our systems, monitoring of critical IT system resources and system messages, ensuring the availability and resilience of systems and services.

Organizational measures include, for example, defining roles and responsibilities, ensuring the correct and secure operation of information processing equipment, regular training and awareness-raising of employees, as well as evaluating and assessing the effectiveness of the aforementioned measures. Access to your data will only be granted to employees, service providers or companies of our group of companies who need such access to fulfill a business purpose or to perform their duties.

 

  1. . CHANGES TO THIS NOTICE

This Notice is subject to occasional revision. Any changes in the way we use your personal data, will be communicated to you via email to the last email address you provided to us and/or by posting the changes on our Site.

 

  1. CONTACT INFORMATION

To make a request regarding your personal data, please contact us at [DRAFT Note:contact@ewicharge.com].

 

 

 

 

 

 

 

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