PRIVACY POLICY


(Last modified on January 31, 2022)

Welcome!

Welcome to the Kia EV Charging Portal Powered by ChargeHub located at https://kia.chargehub.com, which includes all subdomains and sub-pages, present and future (the “Website”). We are delighted that you have chosen to visit and shop with us. Mogile Technologies Inc. (the company that owns the Website) takes your privacy and security of Personal Information very seriously. We have provided and will continue to provide a secure environment and this strict Privacy Policy (the “Policy”) that describes the limited ways your information is used and the limited access to such information.

Key Elements of this Policy

Here are the key elements of this Policy so you can know the important parts right away to make an informed decision about your consent for our collection and use of your Personal Information. You can find the details in the rest of the Policy.

Personal Information we collect from you What we do with it Third parties we share it with
Contact information, such as your email address and phone number Communicate with you about your purchase Companies who provide our communications services, such as Freshdesk, Shopify
Billing information such as your credit card information Process the payments for your purchases Payment processing companies particularly Shopify
Delivery information - your address Deliver the Products you purchased Delivery or fulfilment services such as Canada Post
Charger installation information, including pictures of your electrical panel, and your contact information Send the information to the installer you have selected for you to receive quotes, if you choose to use that function Installers / electricians you have selected

About Us and Definitions

The Website is owned and operated by Mogile Technologies Inc., a Quebec corporation located in Montreal, Canada at the address listed below. Where the present Policy refers to “Mogile” it may refer to Mogile Technologies Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in this Policy shall also refer to Mogile and / or its Representatives. In this Policy, a Website visitor or user may be referred to as “you” or “your”. When a Website user has made a purchase of a charger or other available product (“Products”), they may be referred to as a “Purchaser”.

Additional definitions shall be made throughout this Policy, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Terms of Use, and will have the same meaning in this Policy as they do there. The definitions found in this Policy shall also apply to the Terms of Use.

Acceptance and Modifications

By visiting or using the Website (including but not limited to purchasing a Product), or by clicking or tapping the acceptance button upon purchasing a Product, you agree to be bound by the terms of the Policy. By submitting Personal Information to us on the Website or via other means, you consent to Mogile’s collection, use and disclosure of such Personal Information (as that term is defined hereinbelow) in accordance with this Policy (as amended from time to time) and as permitted or required by law. If you do not agree to all the provisions contained in the Policy, you are not authorized to use the Website, and if you are making a purchase, you should not proceed with your purchase.

If you accept or agree to this Policy on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Policy and, in such event, "you" and "your" may refer and apply to that company or other legal entity, depending on the context

Mogile reserves the right, at any time and without prior notice, to modify or replace any of the Policy. Any changes to the Policy can be found at this URL. It is your responsibility to check the Policy periodically for changes. Your use of the Website following the posting of any changes to the Policy constitutes acceptance of those changes. If there are any significant changes to the Policy that materially affect the way we treat your information, we will use commercially reasonable efforts to notify you by sending a notice to your email address if you have purchased a Product, or by posting a prominent notice on the Website.

The Policy should be read in conjunction with the Terms of Use, as both these documents govern your use of the Website.

If you have any questions about the Policy or if you wish to inquire about and / or access any Personal Information Mogile holds about you, please contact:

Mogile Privacy Officer

privacy.kia@mogiletech.com

or:


What Does This Privacy Policy Cover?

This Policy covers the treatment of personally-identifiable information, i.e. any information that identifies an individual, or can be used in conjunction with other information to identify an individual (“Personal Information”) and other information gathered by Mogile when you are visiting or using the Website. This Policy also covers Mogile’s treatment of any Personal Information that Mogile may share with its business partners or other third parties under very limited circumstances.

This Policy does not apply to the general practices and treatment of information (whether Personal or not) by third parties that Mogile does not own or control, including but not limited to any third-party websites or services that you elect to access through the Website or via a link from the Website that are not owned by Mogile (“Third-Party Websites”), or to individuals that Mogile does not manage or employ. While we attempt to facilitate access or link only to those Third-Party Websites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those ThirdParty Websites. We encourage you to carefully review the privacy policies of any Third-Party Website you access. We have named and provided links to the most important of these Third-Party Websites elsewhere in this Policy

Finally, this Policy does not cover any Personal Information you send to Mogile via any non-secured, non-encrypted mode of communications such as email, instant messenger or other messaging service, or Twitter or any other social media, as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions sent to us in this manner, we encourage you to carefully examine what Personal Information you send to Mogile via these methods.


No Collection of Personal Information as a Matter of Course

Mogile does not, as a matter of course, gather any of your Personal Information while you visit or use the Website, unless you are asked to provide such information, for example by making a purchase of Products. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose, as detailed more specifically in the next section.

Personal Information Collected and Its Uses

The following is an exhaustive list of Personal Information collected from you when you visit the Website and what we use it for. You acknowledge and agree that you are submitting this Personal Information with your informed consent.

In addition to the functions and uses just described, Mogile may also use your Personal Information you have submitted in order to:

Security of Information

Mogile uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including Personal Information) secure. In addition, Mogile uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Website, and these third parties have been selected for their high standards of security, both electronic and physical. For example, Mogile uses Microsoft Azure, a recognized leader in secure data, for hosting of the Website and storage of user data including Personal Information.

All information, including Personal Information, is transferred with encryption using Transport Layer Security (“TLS”), a robust security standard for Internet data transfer and transactions. You can use your browser to check the valid TLS security certificate of the Website.

Non-disclosure of Personal Information to Third Parties

Except as provided in the next paragraph and specified in the next three sections of this Policy, Mogile does not divulge any Personal Information gathered via the Website to third parties. Moreover, Mogile does not sell, rent, trade or license any Personal Information regarding its Website’ visitors or users to third parties. Only the Representatives, subcontractors, officers, agents, or assigns of Mogile are responsible for the management and development of the Website, and only these individuals have access to the information collected there. These Representatives, subcontractors, officers, agents, or assigns all have been instructed to comply with the Policy, and are under contractual obligations of nondisclosure.

Notwithstanding anything in the Policy to the contrary, we may share any information we have collected about you or that you have submitted (whether Personal Information or not): (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the Terms of Use; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Website infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Website infrastructure or the Website generally); (4) to a parent company, subsidiaries, joint ventures, or other companies under common control with Mogile (in which case we will require such entities to honour this Policy); (5) if Mogile merges with another entity, is subject to a corporate reorganization, or sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

Transfer of Personal Information to Third-Party Services and Certain Third Parties

Mogile uses certain “Third-Party Services” in order to augment the functionalities of the Website. When you submit Personal Information to us for the use of these functionalities you acknowledge and agree to the transfer of Personal Information to these Third-Party Services. The Third-Party Services used and the information sent to them and the purposes for their use are:

In addition to these Third-Party Services, Mogile transfers some Personal Information to certain business partners and other parties as described in this paragraph, and by using the functions of the Website that generate this information you consent to this transfer. Your Contact Information and the Product(s) you purchased is transferred to Kia Canada Inc. and/or its dealership network for their record-keeping purposes and to contact you for customer satisfaction purposes. If you choose to use the function of the Website that finds electricians / installers near you to get a quote, your Contact Information will be transferred to the electricians / installers you have selected so that they can contact you and proceed with giving you your quote. We also may transfer photos or other information to the electricians / installers, and to the extent that any of this includes Personal Information you consent to this transfer as well. These business partners and third parties are under contractual or legal obligations to only use your Personal Information for these stated purposes.

Email Communications and Compliance with Anti-Spam Laws

Mogile currently uses Freshdesk to send out emails related to your purchase and general support functions. Contact Information is transferred to Freshdesk in order for our email communications to function properly. Your Contact Information is only used for the proper sending out of the emails; Freshdesk does not use this Personal Information for any other purpose and will not transfer or sell your Personal Information to any other third party. As these emails are transactional regarding your purchases, you will not have an opt-out option as they are necessary for the use of the Website in this way.

Mogile’s practices in regards to its email are designed to be compliant with anti-spam laws, specifically the law unofficially called “CASL”, or Canada’s Anti-Spam Law (S.C. 2010, c. 23). If you believe you have received email in violation of these laws, please contact us using the contact information further up in this Policy.

Secured Payments

Mogile currently uses the “Third-Party Payment Processor” Shopify Payments for processing of online secured payments for purchases of Products. When you make a payment through the Website, your Billing Information is transferred securely via TLS from the Website to the Third-Party Payment Processor. No Billing Information is ever stored on servers controlled by Mogile. The Third-Party Payment Processor has our permission to store, on behalf of Mogile, the data pertaining to the executed transactions by Purchasers (including all Billing Information) with the goal of ensuring a secure method of payment and proof of purchase archive, allowing for the protection of Purchasers, and for follow-up as needed. This data may be used for validation and registration purposes of Purchasers, and to trace any fraudulent activities if necessary. You may use the “remember me” function to remember your Billing Information to facilitate repeat payments; in any event this Billing Information is not visible to Mogile.

Limited Gathering of Information for Statistical, Analytical and Security Purposes

Mogile may automatically collect certain information using third-party analytics program Google Analytics to help us understand how our users use the Website, but none of this information identifies you personally. For example, each time you visit the Website, we automatically collect (as applicable) your IP address, browser and computer or device type, access times, the web page from which you came, the web page(s) or content you access, and other related information. We use information collected in this manner only to better understand your needs and the needs of Website visitors and users in the aggregate. Mogile also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website, the specific pages on the Website, and users with a view to introducing improvements to the Website.

Your IP address and other relevant information we collect using Google Analytics may be used in order to trace any fraudulent or criminal activity, or any activity in violation of the Terms of Use.

Aggregated Information

In addition to the information collected by the analytics program as described in the previous section, we may also generate, use and disclose aggregated and / or anonymized information and statistics about the Website users for marketing and strategic purposes. However, no user of the Website will be individually identifiable from these aggregated and / or anonymized information and statistics.

Tracking Technology ("Cookies") and Related Technologies

Mogile uses tracking technology (“cookies” and related technology such as tags, pixels and web beacons) on the Website and by visiting or using the Website you agree to their use. Cookies are small text files placed on your computer or device when you visit a website, in order to track use of the site and to improve the user experience by storing certain data on your computer. The Website use “session cookies,” which improve your user experience by storing certain information from your current visit on your computer or device while you are a making a purchase of Products.

Specifically, we use cookies for the following functions:

Your browser can be set to refuse cookies or delete them after they have been stored. Please refer to your browser’s help section for instructions. Please note that deleting these cookies may reduce your user experience on the Website by requiring you to re-enter certain information, including information required to use the Website. Furthermore, deleting cookies may prevent certain functions from working at all. Mogile and its Representatives shall not be held responsible for any function that may not operate after you delete cookies, or any losses or damages (pecuniary or otherwise) arising from those functions not operating, or having reduced functionality.

Verification, Correction and Deletion of Personal Information

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

Transfer of Personal Information Outside Your Home Jurisdiction

Users may access the Website from any country in the world; however, purchases of Products may only be made by individuals in Canada. Mogile and its third-party vendors, including service providers and hosting partners, are located in the United States and Canada. You acknowledge that Mogile and our third-party vendors may be located in jurisdictions or countries where the privacy laws may not be as protective as those in your home country, state, province or other governmental jurisdiction, and consent to the transfer of your Personal Information to such countries.

Risks Associated with the Internet and Wireless Data Transmission

Despite Mogile’s best efforts to ensure that third parties will not access or obtain your Personal Information through your use of the Website, complete confidentiality and security cannot currently be guaranteed on the Internet and / or where data is transferred via digital wireless technology of any type. Communication via the Internet or wireless data transmission is subject to interception, loss, or alteration. You acknowledge and agree that Mogile and its Representatives cannot be held responsible for damages resulting from the transmission of confidential information or Personal Information in this manner and that such communications are at your own risk.

Compliance with Privacy Laws

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

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