Vivid EV LLC.
Effective date: Effective date: May 21, 2021
Protecting your personal information is of serious concern to Vivid EV LLC. This privacy notice describes how Vivid EV LLC., together with its subsidiaries and affiliates, (“Vivid EV“, “we“, “our“ or “us“) collects and processes personal information about you, how we use and protect this information, and your rights in relation to this information. The Vivid EV subsidiary or affiliate with whom you are interacting, including who owns and operates the online portal, website or mobile application that you are visiting if applicable, is the data controller responsible for the collection and use of Personal Information. Its contact details can be found in the listing of Vivid EV entities in the appendix to this Privacy Notice. This notice applies to our interactions with customers, website visitors, vendors, potential vendors, job applicants, and any other persons who visit www.vivid-ev.com and all other Vivid EV websites and applications that link to this policy, visit one of our stores or offices, directly communicate with us, conduct transactions with us, or interact with us through third-party websites (collectively for purposes of this notice, the “Services“).
This privacy notice applies to all personal information we collect or process about you. Personal information is information, or a combination of pieces of information, that could reasonably allow you to be identified.
We collect personal information about you from a variety of sources, including from you directly (e.g., when you contact us or sign up for an account), information we generate about you in the course of our relationship with you (e.g., data collected from cookies and other similar technologies when you visit one of our websites or other online properties) and information we collect about you from other sources, including commercially available sources, such as public databases (where permitted by law). See our cookies policy for more information about data collected online from cookies and similar technologies.
We may be required by law to collect certain personal information about you or as a consequence of any contractual relationship we have with you. Failure to provide this information may prevent or delay the fulfillment of these obligations.
Information we collect directly from you
The categories of information that we may collect directly from you include the following:
(a) personal details (e.g., name, salutation (not mandatory));
(b) contact details (e.g., phone number, email address, postal address or mobile number);
(c) account details (e.g., username and password);
(d) payment and transaction details (e.g., when you make purchases, respond to offers, or provide goods or services to us);
(e) application details (e.g., academic and professional qualifications, education and certification information, training, professional qualifications, information on work-related skills, information contained in letters of application and resumes/CV, and references);
(f) communications (e.g., when we contact you via telemarketing or when you contact us with a question, comment or request); and
(g) product interest.
Information we collect about your use of the Services
The following are examples of the other categories of information which we may use about you (See in our cookies policy for more details):
(a) Technical information collected from your computer or mobile device (e.g., your IP address, browser type, operating system);
(b) Information about your usage of our websites (e.g., the pages you visit when using the Services, the search terms you enter on the Services, how often you use the Services, and the pages you access before and after accessing the Services); and
(c) Information which we generate as a result of your use of the Services (e.g., our understanding of your interests as a result of your use of the Services and whether you are a regular or occasional user of the Services).
Information we collect from other sources
The following are examples of the categories of information we may collect from other sources, such as trade shows, and third-party platforms like Facebook, LinkedIn, and YouTube.
(a) personal details (e.g., name, date of birth);
(b) contact details (e.g., phone number, email address, postal address or mobile number);
(c) details about advertising preferences (e.g., products purchased, interaction with advertisements online); and
(d) details about trade show attendance or membership in business, industry, or trade associations.
We may use your personal information for the following purposes:
- Identification and authentication: We use your identification information to verify your identity when you access and use our Services and to ensure the security of your personal information. This is so we can comply with our contractual obligations to you.
- Operating the Services: We process your personal information to provide goods or Services you have requested. This is so we can comply with our contractual obligations to you.
- Improving our Services: We analyze information about how you use our Services to provide an improved experience for our customers of all our Services, including product testing and site analytics. It is in our legitimate business interests to use the information provided to us for this purpose, so we can understand any issues with our Services and improve them.
- Communicating with you: We may use your personal information when we communicate with you, for example if we are providing information about changes to the terms and conditions or if you contact us with questions. It is in our legitimate interests that we are able to provide you with appropriate responses and provide you with notices about our Services. We may also do so in furtherance of our contractual relationship with you or your organization or in furtherance of pre-contractual measures.
- Marketing: we may use your personal information to send you marketing information or to build a profile about you and place you into particular marketing segments in order to understand your preferences better and to appropriately personalize the marketing messages we send to you. It is in our legitimate interest to provide more relevant and interesting promotions, special offers, or advertising messages. We may also in certain circumstances, including where required, obtain your consent (e.g., ask you to opt-in) before sending such marketing messages.
- Conducting transactions with you: If you or your company provide us with services, or seek to do so, we will collect your personal information when you provide information about your or your organization’s services to us and when we conduct transactions with you or your organization. It is in our legitimate interests to communicate with vendors and potential vendors and their personnel. We also process vendors’ personal information in furtherance of our contractual relationship with you or your organization or in favor of pre-contractual measures.
- Evaluating employment applications: If you submit an application for work or employment with us, we may review any of the personal information you provide with your application. It is in our legitimate interests to review and assess the qualifications of potential employees. We also process applicant’s information in furtherance of pre-contractual measures.
- Exercising our rights: we may use your personal information to exercise our legal rights where it is necessary to do so, for example to detect, prevent and respond to fraud claims, intellectual property infringement claims or violations of law or our Terms of Service.
- Complying with our obligations: we may process your personal information to, for example, carry out fraud prevention checks or comply with other legal or regulatory requirements, where this is explicitly required by law.
- Customizing your experience: when you use the Services, we may use your personal information to improve your experience of the Services, such as by providing interactive or personalized elements on the Services and providing you with content based on your interests. It is in our legitimate business interests to provide our customers and users with an experience that is more tailored to their interests.
We may also anonymize your personal information in such a way that you may not reasonably be re-identified by us or any other company, and may use this anonymized information for any other purpose.
We do not share, sell, trade, or lease your personal information to any unrelated third parties for their own marketing use. We also do not believe that we “sell” your personal information as that term is defined in the California Consumer Privacy Act. We may share your personal information with third parties under the following circumstances:
- Service providers and business partners: we may share your personal information with our service providers and business partners that perform marketing services and other business operations for us for the purposes set forth above. For example, we may partner with companies to process secure payments, fulfill orders, optimize services, serve online behavioral advertising, send newsletters and marketing messages, support email and messaging services, and analyze information. These service providers and business partners may include advertising agencies and fraud prevention agencies which will use your personal information only in the ways described in this policy.
- Group companies: Vivid EV. works closely with other businesses and companies that fall under the Vivid EV family. We may share certain information about your contact information, financial account information, transactions, and communications with other Vivid EV companies for marketing purposes, security, optimization of products and services, and internal reporting. We do this for the purposes set out above.
- Where required by law: we may share your personal information with law enforcement agencies, courts, other government authorities or other third parties where we believe necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.
- In the context of a transaction: we may share your personal information with potential transaction partners, service providers, advisors, and other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell or transfer all or a portion of our assets or business. Should such a sale or transfer occur, we will use reasonable efforts to obligate the entity to which we transfer your personal information to use it in a manner that is consistent with this Privacy Notice.
As requested by you: We may share your information with third-parties in order to respond to your requests. For example, if you request pricing information on a product we do not sell directly to end users, we may forward your request to a third-party that does, in order to address to your direct inquiry.
If you do not want your information to be stored by cookies, you can configure your browser so that it always rejects these cookies or asks you each time whether you want to accept them or not. However, you must understand that choosing to reject cookies may reduce the performance and functionality of our websites. Your browser documentation includes precise instructions explaining how to define the acceptance of cookies. While Vivid EV websites at this time generally do not recognize automated browser signals regarding tracking mechanisms, such as “do not track” instructions, you can generally express your privacy preferences regarding the use of most cookies and similar technologies through your web browser.
In accordance with the laws of certain countries or states, you may where applicable, have certain rights regarding the personal information we hold about you, subject to local law. These may include the rights to access, correct, delete, restrict or object to our use of, or receive a portable copy in a usable electronic format of your personal information. Where you have provided your consent to any use of your personal information, you can withdraw this consent at any time. You also may have a right to lodge a complaint with your local data protection or privacy regulator. Even in countries where you are not afforded such rights, you may have the ability to review, correct, or update some of your personal information by contacting us at the information provided below. If you would like to discuss or exercise any rights you may have under law, please contact us at the contact information set forth below. Please note that we may require additional information from you in order to honor your requests. You may also unsubscribe from emails that you receive from us by following the unsubscribe link in the email or sending an email to the contact information below.
California Consumer Privacy Act Rights
The California Consumer Privacy Act (“CCPA”) provides California residents (“consumers”) with the following rights:
- Right to Know: Consumers have a right to request information about our collection, use, sale, and disclosure of personal information.
- Right to Delete: Consumers have a right to request the deletion of personal information that we have collected from them, though certain exceptions may apply.
- Right to Opt-out of Sales: California law treats disclosures of personal information in exchange for valuable consideration as “sales.” Consumers have the right to opt-out of such sales.
- Right to Opt-out of financial incentive programs that we may offer.
- Non-Discrimination: We may not discriminate against you for exercising your rights under the CCPA. We may, however, provide a different level of service or charge a different rate if the difference is reasonably related to the value of your information.
Please note that the CCPA includes an exemption for certain personal information that is collected in a business-to-business (“B2B”) context. With the exception of the sale opt-out right, the rights described above do not apply to personal data that is subject to the B2B exception. If you are a California resident, or an authorized agent acting on behalf of a California resident, and would like to exercise one of these rights, please email firstname.lastname@example.org.
We have security measures in place to protect the loss, misuse, and alteration of the information under our control. We retain your personal information for as long as we have a relationship with you and as long as necessary for legitimate business purposes. When deciding how long to keep your personal information after our relationship with you has ended, we take into account our legal obligations. We may also retain records to investigate or defend against potential legal claims.
To the extent permitted by applicable law, you consent to our policies and accept the terms and conditions described herein by using this website. You agree that any comments submitted by you to the site will not violate any right of any third party, including copyright, trademark, privacy, or other personal or property rights. You further agree that any comments submitted by you to the site will not be or not contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any comments you submit.
Any comments, suggestions, ideas, or other such communications submitted by you shall become and remain the exclusive property of Vivid EV. We will be entitled to use, reproduce, disclose, and distribute any such material you submit for any purpose whatsoever, without restriction, and without compensating you in any way. Please do not send any comments or materials that you do not wish to assign to us.
This website may contain links to websites that are controlled and operated by other entities, including our business partners, and vendors. Vivid EV is not responsible for the content, privacy, or security practices of any other website. We recommend that you review the privacy practices of those sites when you visit them.
Vivid EV does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk. Vivid EV shall not, however, be a party to any contract entered into by you, the user, and any third party as a result of contact with the websites linked from this website, and thereby does not in any way guarantee the performance of any third party under any contract. You hereby release Vivid EV and its affiliates from any damages that you incur, and agree not to assert any claims against Vivid EV, arising from your use of these third party products or services, or the breach of any third party contract.
Vivid EV makes no active effort to collect personal information from children under the age of 18 and does not wish to receive any such information.
Vivid EV is the controller responsible for the personal information we collect and process. If you have questions or concerns regarding the way in which your personal information has been used, please contact us at email@example.com.
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to make a complaint to the data protection authority of your country of residence.
We may modify or update this privacy notice from time to time. If we make any revisions that materially change the ways in which we process your personal information, we will notify you of these changes before applying them to that personal information. To the extent permitted by applicable law, continued use of this site following the posting of any amendment, modification, or change shall constitute your acceptance thereof. As such, please periodically check these policies to be informed of any changes.