BHS Optima Privacy Policy

 

Effective Date: November 21, 2019

Battery Handling Systems, Inc. (“BHS,” “we,” “our” or “us”) is committed to ensuring that your privacy is protected. This privacy policy sets out how BHS uses and protects any information that you give when you use the services we provide via the BHS Optima mobile application (the “Optima App”).

We may change this policy from time to time by updating this page. For that reason, we encourage you to review this BHS Optima Privacy Policy (“BHS Policy”) periodically and to take note of the date of the most recent revision. Changes to the BHS Policy are effective when they are posted on this page. If we make a material change to the BHS Policy, we will attempt to notify you via email and/or a prominent notice on our Optima App, prior to the change becoming effective and update the "effective date" at the top of this Policy. 

We request that you carefully review this BHS Policy, as well as our main Privacy Policy and Terms of Use prior to using our Optima App. By using the Optima App, you agree to the terms contained in these documents, and also acknowledge and agree that these terms and conditions may change from time-to-time, and that any such changes will supersede the prior terms and conditions. If you have any questions about this Privacy Policy, please contact us by email at marketing@bhs1.com.

Personal Information Collected

We may collect your personal information through the Optima App. Personal information is information that may reasonably be used to identify you, and does not include aggregated or deidentified/anonymized information. The personal information we collect through the Optima App may include the following:

• Account Information. We may collect your information for your account, including your name, email address, job title, company, contact information (such as your phone number), and mailing address.
• Information You Provide to Us. We may collect additional information you provide to us, including your demographic information such as postcode, preferences and interests, other information relevant to customer surveys and/or offers, other information you provide to us through customer support channels, such as live chat
• Location Information. We may collect your location information to provide you with charging room locations, store locations, or other relevant information requested by you. We may also collect your location in conjunction with the Fleet Tracker service feature, which allows you to track the real-time GPS location of and control your fleet of assets . 
• Transaction Information. If you choose to complete a transaction on our Optima App, we may store your financial information (such as credit card information), purchase history, and other commercial or sales information. We use third party service providers to collect and process your financial information. For more information, please read the Payments section of this Policy. 
• Cookies and Usage Information. We automatically collect information about you or your device, including, IP address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data (“Usage Data”). For more information, see the Cookies and Usage Information section of this Policy.

Why We Collect Your Information 

• We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
• To Provide and Maintain Our Products and Services. We may use your information, such as your account information, to provide you with the products and services you request. We will also use your information to monitor usage and detect, prevent, and address technical issues. 
• To Customize Our Services. We may use the information to customize the Optima App according to your interests, or to tailor the Optima App to your preferences.
• To Provide Customer Service. We may use your information to provide you with customer support at your request.
• To Send Transactional Emails. We may use your information to notify you about changes to the services we provide via the Optima App, policies, or other important account-related events.  Please note that you will not be able to unsubscribe from transactional emails, which are necessary for you to receive important account-related updates.
• To Enforce Our Terms and Other Contracts. We may use your information to comply with our legal and regulatory obligations, and to enforce our terms, contracts, policies, or agreements. 
• To Ensure the Security of Our Services. We may use your information to ensure the security of our Optima App and to prevent fraud and other illegal activity.
• To Conduct Research and Development. We may use your information, such as usage data, to conduct analytics and improve our products and services. 
• To Send Direct Marketing Emails. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. From time to time, we may also use your information to contact you for market research purposes. You may opt out of marketing emails or other marketing contact by emailing us at marketing@bhs1.com or by following the unsubscribe instructions in every email. 
• To Display Advertising. We may use your information to display advertising through third party service providers. For more information, please see the Cookies and Usage Information section of this Policy.  

Information We Share and Disclose

We will not share your personal information with third parties, except in the following ways:

• Service Providers. We may share information with service providers, such as Amazon Web Services (for cloud and hosting services), Google Cloud (for data organization), Fleet Tracker (for real-time GPS fleet tracking), These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
• Business Transactions. If BHS is involved in a merger, acquisition or asset sale, we may transfer your personal information in conjunction with the merger, acquisition, or asset sale. We will provide notice before your personal information is transferred and becomes subject to a different Privacy Policy.
• Legal Requirements. BHS may disclose your personal information in the good faith belief that such action is necessary to:
  • To comply with a legal obligation
  • To respond to a valid law enforcement request or other public authority request (such as a court or government agency)
  • To protect and defend the rights or property of BHS
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To prevent or protect against legal liability

Cookies and Usage Information

Our services use cookies and similar tracking technologies, such as beacons, tags, and local storage to help provide you with a better, faster and safer experience.  

Cookies are small files that websites place on your computer as you browse the web. Some cookies allow us to tailor our service to your needs, likes and dislikes by gathering and remembering information about your preferences. Other cookies help analyze web traffic or detect when a user visits a particular page on the Optima App. This allows us to analyze and improve our service. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with better services , by enabling us to monitor which pages you find useful and which you do not.

We use the types of cookies described below on our Service:

• Strictly Necessary: Some of the cookies we use are strictly necessary to provide our services to you. Some of these cookies help you stay logged in to your account, complete transactions, and navigate from page to page. Security cookies help prevent fraud and other malicious activities on our Service.
• Functional: Functional cookies provide you with certain functions on our service and tailor the Service to your preferences, such as language selection. 
• Analytics, Performance, and Research: These cookies help us understand how well our Service is doing. They collect information about your use and interaction with our Service so that we can continue to improve and expand our services.
• Marketing: Marketing cookies allow us to collect information about your interactions with our marketing activities, such as parts of our website and our emails. Such cookies measure how you interact with our marketing communications to determine, among other things, how effective a marketing campaign is.
• Advertising: Advertising cookies are used to serve you with advertisements that may be relevant to you and your interests.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. To do this, follow the instructions provided by your browser, usually located within the “Help”, “Tools” or “Edit” settings of your browser. You can refer to your specific browser’s documentation or check out http://www.allaboutcookies.org/browsers/index.html to learn more about different browsers. You can also find out more information about how to change your browser cookie settings at www.allaboutcookies.org. Please note that disabling cookies may prevent you from accessing certain parts of the App or taking full advantage of the Service.

Some of our cookies are third-party cookies, or cookies placed by a third party. Third-party cookies may be managed through your browser (as described above), or by checking the third party’s website for more information about cookie management and how to “opt-out” of receiving cookies from them. If you disable some of these cookies, some parts of the Optima App may not work properly. The third parties whose cookies we use on our service include:

• Google AdMob & DoubleClick Cookie: Google, as a third-party vendor, uses cookies to serve ads on our service. Google's use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our service or other apps on the Internet. You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/
• Google Analytics: Google Analytics is a web analytics service offered by Google that tracks and reports app traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Optima App available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/ 

Payments

We may provide paid products and/or services within the Optima App. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

• Apple Store In-App Payments. Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/
• Google Play In-App Payments. Their Privacy Policy can be viewed at https://www.google.com/policies/privacy/
• PayPal or Braintree. Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full

Protection of Personal Information

We are committed to ensuring that your information is secure. To prevent against unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

The security of your information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Retention

BHS will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

BHS will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

International Transfer

Your personal information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including personal information, to United States and process it there. When permitted, your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

If you are located in the European Economic Area (“EEA”), United Kingdom (“UK”) or Switzerland at the time your information is collected we transfer your information so as to enter into and perform a contract to provide you with services, pursuant to Article 49 (1)(b), GDPR, and such transfers are subject to appropriate safeguards as permitted under the applicable data protection laws.  When we transfer your Personal Information, we have the required contractual provisions for transferring Personal Information in place with the third parties to which your information is transferred.

BHS will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Links to Other Apps or Sites

Our App may contain links to other apps or sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. Once you have used these links to leave the Optima App, you should note that we do not have any control and assume not responsibility over the third-party app or site’s content, privacy policies or practices. We strongly advise you to review the Privacy Policy of every site you visit.

"Do Not Track" Signals

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform apps that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your California Privacy Rights

If you are a California resident you may request a notice from us describing what categories of personal information (if any) we have shared with third parties, including our corporate affiliates, for direct marketing purposes during the preceding calendar year. You may request such notice once a year and free of charge. To request a notice, please contact us as provided in the “Contact Us” section of this Policy. In your request, please specify that you want a “California Privacy Rights Notice.” We will respond to you with thirty (30) days or as permitted by law.

Children's Privacy

The Optima App is not intended to be used by anyone under the age of 18 (“Children"). We do not knowingly collect personal information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with personal information, please contact us. If we become aware that we have collected personal information from children without verification of parental consent, we will take steps to remove that information from our servers.

Additional Information for Individuals Located in the European Economic Area (“EEA”), United Kingdom (“UK”), and Switzerland

If you are located in the EEA, UK, and Switzerland (“Designated Countries”) at the time of data collection, you have certain data protection rights under the General Data Protection Regulation (“GDPR”). We may ask you to identify which country you are located in when you use the Optima App, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in the Designated Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to users in the Designated Countries.

Our Relationship to You

BHS is a data controller with regard to any personal information collected from individuals accessing or using the Optima App. A “data controller” is an entity that determines the purposes for which and the manner in which any personal information is processed. Any third parties that act as our service providers or are otherwise acting on our behalf are “data processors” that handle your personal information in accordance with our instructions.

Marketing

We will only contact individuals located in the Designated Countries by electronic means (including email or SMS) as permitted by applicable law, or the individual’s consent. When we rely on legitimate interest, we will only send you information about our services that are similar to those which were the subject of a previous sale or negotiations of a sale to you. You can object to direct marketing at any time and free of charge by contacting us at marketing@bhs1.com.

Legal Basis for Processing Your Personal Information

We describe our legal bases for processing throughout this Policy. Below is a list of the purposes described in our Policy with the corresponding legal basis for processing.

 

Purpose for Processing	Legal Basis for Processing
How We Use Your Personal Information: To Provide and Maintain Our Products and Services To Provide Customer Service To Send Transactional Emails To Enforce Our Terms and Other Contracts How We Share Your Personal Information: Service Providers	Based on our contract with you or to take steps at your request prior to entering into a contract.
How We Use Your Personal Information To Send Direct Marketing Emails To Display Advertising	Based on your consent.
How We Share Your Personal Information Legal Requirements	Based on our legal obligations.
How We Use Your Personal Information To Ensure Security of Our Services	To protect your vital interests.
How We Use Your Personal Information To Customize Our Services To Conduct Research and Development.  How We Share Your Personal Information Business Transactions	Based on our legitimate interests. When we process your personal data for our legitimate business interests we always ensure that we consider and balance any potential impact on you and your rights under data protection laws.

Your Individual Rights

In certain circumstances, you have the following data protection rights. We may limit your individual rights requests in the following ways: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other's privacy; (c) to protect our rights and properties; and (d) where the request is frivolous or burdensome. If you would like to exercise your rights under the applicable law, please contact us at marketing@bhs1.com. Please note that we may ask you to verify your identity before responding to such requests.

• Right to Withdraw Your Consent. If we ever asked for your consent to process your personal information, you have the right to withdraw your consent at any time.
• Right of Access. Upon your request, we will provide you with a copy of your personal information in our files without undue delay and free of charge, unless we permitted by law to charge a fee. 
• Right to Rectification (or “Correction”). You may request to correct or update any of your personal information in our files. 
• Right to Erasure (or the “Right to be Forgotten”). Upon your request, we will erase any of your personal information in our files that is no longer necessary in relation to the purposes for which it was processed, was collected in relation to processing that you previously consented to, but later withdrew such consent, or was collected in relation to processing activities to which you object, and there are no overriding legitimate grounds for our processing. 
• Right to Restriction. You have the right to restrict our processing of your personal information where one of the following conditions applies:
  • You contest the accuracy of your personal information that we processed. If you restrict processing based on this condition, you may experience an interruption of some or all of the services during the period necessary for us to verify the accuracy of your personal information;
  • The processing is unlawful and you oppose the erasure of your personal information and request the restriction of its use instead;
  • We no longer need your personal information for the purposes of the processing, but it is required by you to establish, exercise or defense of legal claims; or
  • You have objected to processing, pending the verification whether the legitimate grounds of our processing override your rights. 

During the time which restriction of processing applies, we will only process your restricted personal information with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. We will inform you if or when the restriction is lifted.

• Right to Object. You may object to our processing at any time and as permitted by applicable law if we process your personal information on the legal bases of: consent; contract; or legitimate interests.
• Right to Data Portability. If we process your personal information based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request to receive your personal information and to have us transfer your personal information directly to another “controller,” where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others. 
• Notification to Third Parties. When we fulfill your individual rights requests for correct (or rectification), erasure or restriction of processing, we will notify third parties also handling the relevant personal information unless this proves impossible or involves disproportionate effort. Upon your request, we will identify such third parties. 
• Automated Individual Decision-Making. In establishing and carrying out a business relationship, we do not use any automated decision making that has any legal or other significant effects on you. 

If you believe that we have infringed or violated your privacy rights under applicable law or this Policy, please contact us at marketing@bhs1.com so that we can work with you to resolve your concerns. You also have a right to lodge a complaint with a competent supervisory authority situated in a Member State of your habitual residence, place of work, or place of alleged infringement.

 

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