Privacy Policy

Effective Date: November 20, 2023

Plug Technologies Inc. (“Plug”) is committed to protecting your privacy and, for that reason, we have adopted this Privacy Policy (this “Privacy Policy”) to explain our data collection, use, and disclosure practices for our site https://www.plug.vin (the “Website”), marketplace, mobile, and/or other online applications and products and services provided by us that link to or reference this Agreement (collectively, the “Plug Platform”). The terms “Plug”, “we”, “us”, and “our” refer to Plug Technologies Inc., and the terms “you”, “your” and “user” refer to you as a user of the Plug Platform.

This Privacy Policy applies to information Plug collects through the Plug Platform, as well as other information provided to us online or offline by third parties when we associate that information with users of the Plug Platform (but not to information collected from our employees, contractors, or vendors). Certain third parties may also be able to collect information via the Plug Platform. The data collection and use practices of these third parties may be governed by those third parties’ own policies, including their own privacy policies, as further described below.

This Privacy Policy describes, among other things:

Personal and other information we collect about you;
How we use your information;
How we may share your information with third parties; and
Your choices regarding the Personal Information we collect about you.

By “Personal Information” we mean information that can identify an individual, such as:

Names;
Date of Birth;
Email addresses;
Physical Address;
IP Address

Consent

By accessing or using the Plug Platform, you consent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not access or use the Plug Platform. Information gathered through the Plug Platform may be transferred, used, and stored in the United States or in other countries where our service providers, our affiliates or we are located. If you use the Plug Platform, you agree to the transfer, use, and storage of your Personal Information (as defined below) in those countries. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the Plug Platform or Plug are deemed to occur in the United States, where our servers are located.

European Union Residents

If you reside in a country in the European Economic Area or in Switzerland, then information we collect from you may be subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”) and the following additional information is provided for your benefit.

The controller of the personal data collected through the Plug Platform is:

Plug Technologies Inc.

10000 W. Washington Blvd, Suite 600, Culver City CA 90232

If you use the Plug Platform, you acknowledge that your personal data is being processed pursuant to the following lawful bases: your consent, Plug’s legitimate interests, to fulfill requests made by you, and compliance with applicable law. You further acknowledge and consent to your information that is gathered through the Plug Platform being transferred to, used in, and stored in the United States.

You hereby consent to the processing of your personal data as described in this Privacy Policy, including the transfer, use, and storage of your personal data in the United States. You may withdraw your consent at any time by following the instructions in the Accessing/Updating/Deleting Your Personal Information section below, but this will not affect the lawfulness of processing based on consent before its withdrawal. However, if you withdraw your consent or decline to provide personal data to us, you may be unable to use the Plug Platform. You have the right to file a complaint relating to the processing of personal data with a supervisory authority.

Accessing/Updating/Deleting Your Personal Information

If you would like to delete, update, or access the Personal Information we have collected from you, and/or deactivate or delete your Plug account, you may do so by sending an email to [email protected]. Additionally, if your Personal Information is subject to the GDPR, you may have certain additional rights, including the right of restriction of processing of personal data, and the right to object to the processing of personal data. Please send an email to [email protected] for more information.

Collection of Your Personal and Other Information

When you register for, or use the Plug Platform, we collect Personal Information.

The Plug Platform may integrate with social media and other third-party platforms. When you connect your account from a third-party platform to the Plug Platform, then we may collect information from that third-party platform and share information with that third-party platform. This collected information may include, but is not limited to, your name, date of birth, email address, demographic information from your profile, or other content. You acknowledge and agree that Plug is not responsible for the data collection or use practices of any such connected third-party platform. You should read each third-party platform’s privacy policy before connecting that third-party account.

You may choose not to provide Personal Information, but this may prevent you from receiving certain features of the Plug Platform.

We may also collect non-Personal Information relating to the Plug Platform, that is, information that does not personally identify an individual. The non-Personal Information we may collect includes how you interact with the Plug Platform, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Plug Platform.

Examples of the non-Personal Information we may collect are:

Information about your computer or mobile device, such as its maker or operating system version, and HTTP header information
The pages of the Website that you viewed during a visit;
What information, or content you view or interact with using the Plug Platform; and
The city, state, province and country in which you are located;

We will not use non-Personal Information to try to identify you, and if we associate any non-Personal Information with information that personally identifies you, then we will treat it as Personal Information. As discussed in more detail below, we sometimes use cookies and other automatic information gathering technologies to gather non-Personal Information.

Information collected by the Plug Platform may be collected by us or one of our service providers, but in either case, this Privacy Policy will govern the collection, use, and sharing of the information.

Information We Collect About You

When you use or access the Website, we may collect Personal Information directly from you, such as the following:

Your name, date of birth, and email address
Business information, such as your job title, business name, business address, dealership group name, locations of vehicles for delivery, dealership license numbers, and business license number.
Registration and account information, including your username and password.
Payment information, such as your billing address, payment card number, expiration date, and security code.
Information you submit in connection with listing a vehicle for sale on the Website, including vehicle images, descriptions, location, service history, features, specs information, and vehicle identification number (VIN).
Information you submit in connection with inquiries you make of vehicle sellers through the Website, including your contact information and other information included in your inquiry.
Any other information you submit when you contact us through the Website.

We also may collect certain other information automatically when you visit the Website, such as the following:

Browser and Device Information. Certain information may be automatically collected by most browsers or devices, such as information about user devices (such as your device’s UDID, IP addresses and MAC addresses), operating systems, and browsers.
Information Stored in Cookies. The Website may also use available web-based technologies to collect Personal Information, such as cookies or web beacons. Cookies are pieces of information stored directly on users’ computers or devices. Cookies allow us to collect information non-personally identifying information such as browser type, user preferences time spent on the online services, pages visited, referring URL, and other traffic and usage data. We may also use cookies for purposes such as determining what features interest our users, revising our site features or operations, and as further described below.
Pixel Tags and Log Files. The Website may also use other tracking systems such as log files and pixel tags. For example, pixel tags, sometimes called web beacons, are small, usually-transparent images placed on a web page that allows the operator of that image, which may be the operator of the website you visit or a third party, to read or write a Cookie.
Information Collected in Connection with Analytics Technology: We may use various technologies to learn more about how visitors use the Website, such as Google Analytics. Google Analytics uses cookies to help us analyze how visitors use the Website. The information generated by the cookies about your use of the Website includes your IP address. If you so choose, you may be able to opt out by turning off cookies in the preferences settings in your browser. For more information on Google Analytics, including how Google Analytics collects, uses, and discloses information, refer to the following page: www.google.com/policies/privacy/partners/. We may also use other technologies to monitor your activities on the Website.

We may also receive information about you from other users of the Website, such as in reviews, communications to us, or other feedback. We may also receive information about you or your vehicle, such as vehicle history information based on your VIN, from our third-party business partners to assist with creating listings for any vehicles you post on the Website.

Use of Your Information

We may use the information we collect from you for the following purposes:

Providing our services, including creating listings and promotions for any vehicles you list on the Website, facilitating vehicle sales and purchases, establishing and managing user accounts, providing products and services you request, and providing customer support.
Providing, developing, maintaining, personalizing, protecting, and improving the Website and our services offerings to you and others, including dealerships.
Operating, evaluating, debugging, identifying, and repairing errors, effectuating similar functional enhancements, and improving the Website or other services.
Understanding how you and other users use the Website, performing analytics, analyzing and reporting on usage and performance of the Website and marketing materials, and determining what features and services may interest you and other users.
Communicating with you and others, including responding to your requests, sending you newsletters, and providing promotional information.
Offering, marketing, or advertising products, programs, and services from us, our affiliates, business partners, and select third parties to you, including through targeted advertising.
Storing information about your preferences, recognizing you when you use the Website, and customizing your experience.
Creating aggregate or deidentified data.
Protecting the legal rights, property, safety, and security of us, our users, our employees, and others.
Protecting against malicious, deceptive, fraudulent, or illegal activity, and participating in any prosecution or enforcement of laws or agreements meant to prevent or punish such activity.
Enforcing our policies, terms of use, contracts, or other legal rights.
Complying with applicable law, other legal requirements, and industry standards.
Evaluating or participating in an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including as part of bankruptcy, liquidation, or similar proceedings.
For such purposes as you may authorize.

Disclosure of Your Information

We may disclose Personal Information we collect about you to other users of the Website or our services, such as:

To vehicle sellers, including dealerships. For example, your contact information may be shared if you contact a seller about a vehicle listing.
To prospective or actual vehicle purchasers. For example, if a user wishes to contact you about a listing, your contact information about you may be shared with that purchaser.
On public pages. For example, we may share reviews you submit or make seller information such as your name and profile image available on publicly accessible vehicle listings.
To our affiliates and subsidiaries.
To our business customers and partners, such as dealerships and vehicle or original equipment manufacturers.
To our contractors, service providers, and other third parties we use to support our organization, which may include support of any of the data uses described above.
To comply with applicable law, other legal requirements, and industry standards.
To enforce our policies, terms of use, contracts, or other legal rights.
To investigate or prevent unlawful activities or misuse of the Website.
To protect against malicious, deceptive, fraudulent, or illegal activity, and participating in any prosecution or enforcement of laws or agreements meant to prevent or punish such activity.
To operate, evaluate, debug, identify and repair errors, effectuate similar functional enhancements, and improve the Website or other services.
To protect the legal rights, property, safety, and security of us, our users, our employees, and others.
To an actual or potential buyer, successor, or other organization in the event of an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including as part of bankruptcy, liquidation, or similar proceedings.
To such other parties as you may authorize.

We may disclose your Personal Information to third parties as described below.

We may disclose Personal Information to provide services to you, for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the Plug Platform and elsewhere, and providing you with Plug marketing and advertising materials tailored to your interests, or when you otherwise authorize or instruct us to do so. We may also disclose Personal Information and non-Personal Information to companies, agents, contractors, service providers, or others engaged to perform functions on our behalf (such as processing of payments, provision of data storage, hosting of the Website, marketing of our products and services, conducting audits, and performing web analytics). We may license third party software to include in or use with the Plug Platform, in which case we may disclose Personal Information and/or non-Personal Information to the licensor. These third parties’ collection and use of Personal Information and non-Personal Information are subject to their own privacy policies, which you can read here:

We may also disclose Personal Information to other third-parties upon your consent to such disclosures.

We may also disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Plug Platform, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.

We reserve the right to transfer information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of our company relating to the Plug Platform, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We will use commercially reasonable efforts to notify you of such transfer, for example via email or by posting notice on the Website.

Lastly, we may also disclose non-Personal Information, aggregated with information about our other users, to our business partners, merchants, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.

Transparency and Choice; Do Not Track Signals

If you have created an account on our Website, you have the ability to amend your Personal Information via your profile settings or by reaching out to us as provided in the 'Contacting Us' section to ask for modifications or removal of your Personal Information. Be mindful, however, that if you ask us to erase certain Personal Information, you might not be able to continue using the Plug Platform. You also have the option to delete your account. In either scenario, we might still need to keep your information for legal reasons or for legitimate business purposes.

You may also choose not to provide the Personal Information we request through the Website. However, not providing information we ask for may limit your ability to use certain features of the Website. For example, you may be able to limit the collection of Personal Information or functionality through your device’s operating system or by disabling cookies, but doing so may prevent you from using the functionality of the Website.

Some Internet browsers have a “do-not-track” feature that lets you inform websites that you do not want your online activities tracked. Currently, the Website does not respond to browser “do-not-track” signals. We may permit third parties to use the Website to collect Personal Information about your online activities over time and across different websites, applications, and other online products or services.

You can opt out of receiving marketing e-mails from us by clicking on the “unsubscribe” link in the e-mails. It may take up to ten (10) business days for your opt-out request to be processed. Even after opting out of marketing e-mails, we may continue to send you certain account-related e-mails, such as notices about your account and confirmations of transactions you have requested. For information about interest-based advertising, and to opt out of this type of advertising by third parties that participate in self-regulatory programs, please visit the Network Advertising Initiative (NAI) opt out tool (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (DAA) Self-Regulatory Program for Online Behavioral Advertising (https://youradchoices.com/). Please note that any opt-out choice you exercise through these programs will apply to interest-based advertising by the third parties you select but will still allow the collection of data for other purposes, including research, analytics, and internal operations. You may continue to receive advertising, but that advertising may be less relevant to your interests.

Before processing requests to access, amend, or delete information, we ask individual users to identify themselves and the information requested. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical (for instance, requests concerning information residing on backups), or relate to information that is not associated with your Personal Information. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Children

The Plug Platform is not intended for users under 13 years of age. We do not knowingly collect Personal Information from users under 13 years of age. We do not authorize users under 13 years of age to use the Plug Platform.

Information Security

We utilize reasonable information security measures to safeguard your Personal Information against unauthorized access, modification, or destruction. For example, we utilize Secure Socket Layer (SSL), Transport Layer Security (TLS), or similar encryption technology when sensitive data is transmitted over the Internet, and use firewalls to help prevent external access into our network. However, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.

Your California Privacy Rights

California Civil Code Section 1798.83 permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared Personal Information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

Third-Party Links

Please note that the Plug Platform may link or integrate with third-party sites, services or apps. We are not responsible for the privacy or security policies or practices or the content of such third parties. Accordingly, we encourage you to review the privacy and security policies and terms of service of those third parties so that you understand how those websites collect, use, share and protect your information.

Third-Party Names.

Our entity stands alone and does not hold any association with the car manufacturers highlighted on the Website. All trademarks displayed or mentioned here, such as model names, badges, and company symbols, are owned by their respective car manufacturers and are acknowledged as their legal trademarks.

Changes To This Privacy Policy

We reserve the right to modify this Privacy Policy as needed, without giving prior notice, to accurately reflect our data privacy practices. We recommend that you periodically review this Privacy Policy to stay informed about our current privacy practices. Whenever this Privacy Policy is updated, the Effective Date will also be revised.

Contacting Us

If you have any questions or comments about this Privacy Policy or our privacy practices, please contact us by email at [email protected] or by postal mail at:

Plug Technologies Inc.

10000 W. Washington Blvd

Suite 600

Culver City CA 90232

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Culver City, CA

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