Software Privacy Policy

This privacy policy was last updated on October 20th, 2022.

Introduction

EVoke respects your privacy and is committed to protecting personal data.

This privacy policy will inform you as to how we look after your personal data when you use the Software under the Agreement. This policy is also designed to inform you about your privacy rights and how the law protects you.

Privacy Pledge

EVoke pledges to:

  • Not sell personal information
  • Not behaviorally target advertising
  • Use data for authorized EV charging and energy management purposes only
  • Not change privacy policies without notice and choice
  • Enforce strict limits on data retention
  • Provide comprehensive security standards
  • Be transparent about the collection and use of data

About us

EVoke is an EV charging network service provider operated by the EVoke Systems, a company headquartered in 405 N Reo St Ste 110, Tampa FL 33609 (collectively referred to in this privacy policy as “we,” “us,” and “our,” “EVoke”.

Definitions

Terms not otherwise defined herein shall have the meaning as set forth in the Agreement.

“Agreement” means EVoke’s written or electronic agreement, which govern the provision of the Software to the Licensee, as such terms or agreement may be updated from time to time. 

“Authorized User(s)” (a) Licensee, (b) Licensee’s Affiliates, and (c) the directors, officers, employees, partners, agents, advisers, independent contractors and subcontractors of any of the foregoing entities and (d) any Licensee Author User(s) and (e) any Licensee EV driver(s) that have been granted access to the Software.

“Controller” the Authorized User(s) are the controller of all data supplied to EVoke when using the Software.

“End User Data” means any and all information regarding users, EV drivers and other individuals and entities affiliated with Licensee that is entered into the Software, or otherwise provided to EVoke, or generated by the Software based on such information.  Without limiting the foregoing, End User Data includes personally identifiable information, as well as information corresponding to a particular End User when such information consists of unique identifiers, including but not limited to those randomly assigned unique identifiers, that either catalog, tally, or group a particular End User(s) interaction with the Software over time.

“Licensee” means the Licensee named in the Agreement.

“Licensee Author User(s)” any individual who, pursuant to a commercial agreement between Licensee and Licensee’s customer, has been granted access and authorization to use the Software in accordance with such commercial agreement for the purposes of creating content.

“Licensee EV Driver User(s)” any individual who, pursuant to a commercial agreement between Licensee and Licensee’s customer, has been granted access and authorization to use the Software in accordance with such commercial agreement.

“Licensee Personal Data” the personal data inputted or created by the Licensee and its Authorized User(s) for use of the Software.

“Processor” EVoke will be the processor of any personal data supplied by you through your use of the Software.

“Software” the Software licensed by the Licensor under the Agreement as defined in EVoke Account Agreement.

“Technical Data” means any data relating to the Authorized User(s) user, support and/or operation of the Software, including information relating to volumes, activity logs, frequencies, bounce rates or other information regarding email and other communications generated and sent when using the Software.

“You and your” refers to Authorized User(s) using the Software.

Personal information

What do we mean by “personal information”

For us, “personal information” means information which identifies you, directly or indirectly. Any information that falls outside of this is “non-personal information.”

If we store your personal information with information that is non-personal, we will consider the combination as personal information. If we remove all personal information from a set of data, then the remaining is non-personal information.

What personal information do we collect about you?

  • When you use the Software, we may collect any personal data you choose to input into the Software such as your name and email address, if required to enable you to access the Software. 
  • When you use the Software, we may collect End User Data.

When you use the Software, we may automatically collect or receive certain information about your device and usage of the Software (collectively “Technical Data”). In some (but not all) countries, including countries in the European Economic Area (“EEA”), this information is considered Personal Information under applicable data protection laws. We use cookies and other tracking technologies to collect some of this information. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser.

What do we do with your information once we have it?

Personal data we collected or received through the Software is used to provide the Software and Service Levels as outlined in the Agreement.

When you give us information, we will look after it as if it were our own ensuring appropriate safeguards are in place to ensure its security. We use best practice security including industry standard TLS encryption in transit and AES 256 encryption at rest.

When do we share your information with others?

  • We do not share your data with third parties other than the approved third-parties as noted in the Agreement
  • We follow the law whenever we receive requests about you from a government or related to a lawsuit. We’ll notify you when we’re asked to hand over your personal information in this way unless we’re legally prohibited from doing so. When we receive requests like this, we’ll only release your personal information if we have a good faith belief that the law requires us to do so. Nothing in this policy is intended to limit any legal defenses or objections that you may have to a third party’s request to disclose your information.
  • If our organizational structure or status changes (if we undergo a restructuring, are acquired, or go bankrupt) we may pass your information to a successor or Affiliate.

How do we store and protect your personal information?

We are committed to protecting your personal information if we have it. To the extent personal data is processed, we implement physical, business, and technical security measures as further detailed in the EVoke Data Protection Protocols.  Despite our efforts, if we learn of a security breach, we’ll notify you so that you can take appropriate protective steps.

If you inadvertently send us personal information when using the Software, this is automatically encrypted to ensure security and destroyed in accordance with the terms of the Agreement.

Your Right to Access, Correct and Delete Information

All personal information – your name, email address, phone number, car make and model, etc are visible to you and you may update and edit this information at any time.

All charging sessions, including transaction costs, are also visible to you. This data may not be edited since EVoke is responsible to provide charge station operators with an accurate transaction register for all charging at their stations. If a charge has been inappropriately applied to your account you may contact support@evokesystems.com to dispute or remedy any charges.

Upon request to support@evokesystems.com, EVoke will delete your account and all personal data. We will retain charge session data as necessary to comply with our legal and contractual obligations, resolve disputes, and enforce our agreements. 

If you become an inactive customer, or if we close or suspend your account, we will continue to adhere to the then current Policy when we collected your personal information so long as we retain it in our databases. We may delete any or all of your personal information at any time without notice to you for any reason or no reason unless otherwise required by law, regulation, contract or our internal policies to retain it.

International information

Data location

Our servers and offices are located in the United States

Information for EU, EEA, UK, Swiss, California, and Delaware users

These regions have data protection laws that require us to specify the following:

This privacy notices describe the purposes for which we process information about you and the categories of information we process.

Our lawful bases for collecting and processing personal information under the European General Data Protection Regulation (“GDPR”) include:

  • Performing our contract with you: To provide the Software described in the Agreement.
  • Legitimate interests: We may receive technical and interaction data of users, to improve the security and reliability of our Software.

EVoke does not sell personal data.

The following rights are granted under the GDPR and California Consumer Privacy Act (“CCPA”). EVoke applies these rights to all Authorized User(s), regardless of your location:

  • The right to know what personal data is collected
  • The right to know if personal data is being shared, and to whom
  • The right to access your personal data
  • The right to exercise your privacy rights without being discriminated against

California and Delaware law require EVoke to indicate whether it honors “Do Not Track” settings in your browser concerning targeted advertising. EVoke does not track your use to provide targeted advertising and therefore does not respond to Do Not Track (DNT) Signals.

A global remit

EVoke is a global organization and our computers are in several different places around the world. We also use service providers whose computers may also be in various countries. This means that your information might end up on one of those computers in another country, and that country may have a different level of data protection regulation than yours.

By giving us information, you consent to this kind of transfer of your information. No matter what country your information is in, we comply with applicable law and will also abide by the commitments we make in this privacy policy.

Updates & questions

What if we change this privacy policy or any of our privacy notices?

If we change this policy the updates will be posted online. Your continued use of the Software after the effective date of such changes constitutes your acceptance of such changes. To make your review more convenient, we will post an effective date at the top of the page.

Contact EVoke

If you have a question or concern, please contact us at support@evokesystems.com and we hope to resolve it for you. If we cannot, you have the right to lodge a complaint with your local data protection authority. You can also contact us at this address if you want to make a correction to your information.