Privacy Policy | LocknCharge

OCKNCHARGE PRIVACY STATEMENT

1. WHAT IS A PRIVACY STATEMENT

The [www.lockncharge.com][www.pclocs.com.au] website (the “Website”) and the Cloud Platform, applications, software, Software Development Kit, Application Programming Interface, Code/API, firmware applications, hardware, documentation, or other products from which this Privacy Policy has been made available (collectively, “Service(s)”) are operated by [LocknCharge Technologies, LLC (“LNC,” “we,” “us,” or “our”) of 4510 Helgesen Drive, Madison, WI, USA][ PC Locs Pty Ltd (“PC Locs,” “we,” “us,” or “our”) of 29 Oxleigh Drive, Malaga WA 6090]. We respect your right to privacy, and this Privacy Statement (the “Statement”) sets out the basis on which we collect, use, process, store and/or disclose any personal data detailed below (“Personal Data”) that we collect from you, or that you provide to us through the Services. The information provided by you will be held by us as a controller.

This Statement, together with our Website and Cloud terms of service  (the “Terms of Service”) and our Cookies Policy, applies to your use of the Services, including the Website and Cloud services.

2. OVERVIEW OF THIS STATEMENT

We collect Personal Data from you when you use the Services, and we process this Personal Data for the purposes of providing you with access to the Services which we are entitled under the Terms of Use to do. You can also choose to provide us with additional Personal Data via email or forms available on the Services which we will process for the purposes of responding to the queries or applications you submit to us. Responding to these queries is necessary for the purposes of our legitimate business interests. We may store your Personal Data on servers located both inside and outside of your country of origin and outside the European Economic Area (“EEA”). We share your Personal Data internally and with third parties identified below. We will also share your Personal Data with law enforcement agencies or public bodies if we are required by law to do so.

3. YOUR PERSONAL DATA

We will collect and process the following Personal Data from you:

Device Information

When using the Website or other Services, or availing of services related to the Website, Personal Data may be collected from you. This includes information about:

Your device browser, including your IP address and other information derived from cookies used on the Website. Please see our  Cookies Policy for further information.
Details of your visits to the Website, such as traffic data, location data, and the resources, advertisements and other websites that you access through the Website.

Account Information

When using the Website or other Services (e.g., administration of FUYL Towers and other smart/connected products), or availing of services related to the Website, Personal Data may be collected from you to create a user profile, which includes information about:

Your first name, last name, email, password, and PIN code.

This information may be updated, revised, or requested to be removed by you as the User.

You can choose to provide us with the following Personal Data:

Query and Form Information	You may choose to give us additional information such as your first name, last name, e-mail address, organization, industry, address, telephone number and other details when contacting us and submitting enquiries through the Website by creating an account: e-mailing  marketing@lockncharge.com: filling in the contact form: requesting a quote: subscribing to the newsletter: updating or closing a record: requesting warranty registration support; and submitting a report ticket.
Financial Information	You may choose to give us additional information in order to submit an order, or we may receive this information from third parties who we utilize to process payments, and this information may include bank account number, credit or debit card number, or other financial information.
Employment Information	You may choose to give us additional information in order to apply for employment with us, including employment or education-related information such as education level/location, resume information, previous work/employment experience, and/or other similar information.

4. HOW & WHY WE USE YOUR PERSONAL DATA

The following table details the legal bases and the purposes for which we process your Personal Data:

LEGAL BASES & PURPOSES
Legal Basis	Purpose(s)	Personal Data Processed
Contract It is necessary to process these Personal Data to enter into and perform our contract with you regarding your use of the Website or other Services as set out in the Terms of Service..	Access to the Website and other Services To provide you with access to, and allow you to use, the Website or other Services Fulfilling your Orders and Requests To provide the Services and products to you To register and process your orders To manage your customer account	Device Information Account Information
Legitimate Interests It is necessary for the purpose of our legitimate interests to collect and process these Personal Data for the purposes of improving and monitoring website efficiency and enhancing your use of the Website and to respond to any queries or requests submitted by you.	Employment/ Benefits Administration To provide compensation to our employees. To comply with legal and regulatory obligations. To evaluate individuals for potential employment with us. To administer, analyze and/or improve employment benefits, or our accommodation and leave practices.	Device Information Query Information Account Information 5

5. WHO WE SHARE YOUR PERSONAL DATA WITH

We may disclose your Personal Data to other members of ourGroup, which means our sister companies, parent/holding companies, and other affiliates, and/or to the third-party service providers and other recipients below.

RECIPIENT(S)

Group Companies

Members of the Group:
LocknCharge Technologies, LLC (Madison, WI, USA)
PC Locs Pty Ltd (Perth, Australia)
Lock and Charge Europe Limited (London, UK)
Lock and Charge Japan GK (Tokyo, Japan)
IWS Global Pty Ltd (Perth, Australia)
Internal business units within the Group

Third Party Service Providers

Search Engine Optimization (“SEO“) and Pay Per Click (“PPC“) Advertising partners
Customer relation management companies
Web Services providers, which may store and use information collected through the Services. These providers include:
Amazon Web Services (data retention): Terms of Service at https://aws.amazon.com/serviceterms/
Salesforce / Pardot (customer relationship management): Terms of Service at https://www.salesforce.com/company/legal/agreements/
HubSpot: Terms of Service at https://legal.hubspot.com/terms-of-service
Resellers of our Products
Our distribution partners
Payment processors, financial institutions, or others as needed to complete transactions, and for authentication, security, and fraud prevention
Subscription management platforms, including Chargebee
Benefits providers
Third-parties that help administer, manage and analyze our employee benefit plans.
Consumer reporting agencies.

Other Recipients

Prospective buyers of business assets (to facilitate our acquisition, or a substantial portion of our assets, by a third party)
Regulatory authorities and law enforcement agencies (where we are under a duty to disclose or share your Personal Data in order to comply with any legal or regulatory obligation or request)
External advisors, e.g. lawyers, accountants and auditors (as necessary to protect our legitimate and legal interests).

6. TRANSFERS OF YOUR PERSONAL DATA

Your Personal Data may be stored and transferred outside of your country of origin and outside the EEA. We only transfer your Personal Data outside your country and/or the EEA where your country and/or the EU Commission has decided that the third country in question ensures an adequate level of protection in line with the data protection standards of your country and/or the EU, or where there are appropriate safeguards in place to protect your Personal Data. If you would like to find out more about the appropriate safeguards that we have in place to govern the transfer of your Personal Data, you can contact us at marketing@lockncharge.com.

Where we transfer Personal Data to other entities of the Group, we do so on the basis of Standard Contractual Clauses, which are a form of data processing contract approved by the European Commission. You can find a copy of these clauses here.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will always do our best to protect your Personal Data, we cannot guarantee the security of any information you transmit to us; any transmission is at your own risk. Once we have received your information, we will endeavor to use strict procedures and security features to try to prevent unauthorized access.

7. LINKS

The Website contains links to other websites (“Linked Websites“). We are not responsible for the privacy statements or practices on the Linked Websites. This Privacy Statement governs only information collected on the Website or through the Services. When accessing Linked Websites, you should read the privacy statement published on the relevant Linked Website. The terms of our Privacy Statement do not apply to Linked Websites. Please check these statements before you submit any Personal Data to Linked Websites.

The Website contains links to other sites and resources provided by third parties for your convenience and information only. We accept no liability in connection with any Linked Website, or any contract entered into or through a Linked Website. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of Linked Websites.

8. AUTOMATED PROCESSING

We engage in profiling and automated decision making (together “Profile“), which refers to situations where your Personal Data is assessed by automated means to determine an outcome which could have either legal or significant effects on you.

When you visit our Website or use the Services, we build a Profile for you which is used for remarketing purposes. The consequence of this processing means that you may see advertisements for our products when you visit other websites after visiting our Website.

Our Profile model goes through changes as we understand our markets and customer needs better, or as new products are developed. As a result, it is in our legitimate interest to keep these details secure and confidential, and they cannot be shared further. 

9. HOW LONG WE KEEP YOUR PERSONAL DATA

In general, we expect to keep your Personal Data for as long as is necessary for the purposes for which it was obtained from the date of collection or, where you enter into a contractual arrangement with us, following the end of the performance of our contract or your termination as our customer, or until you request deletion.

Please note that in certain circumstances, we may hold your data for a longer period, for example, if we are processing an ongoing claim or believe in good faith that the law or a relevant regulator may reasonably in our view expect or require us to preserve your data.

10. YOUR RIGHTS AND HOW TO EXERCISE THEM

If you are an EU resident and the EU General Data Protection Regulation (“GDPR”) applies to you, you have a number of rights in relation to your Personal Data which are set out in this section 10. In particular these rights include the right to object to processing of your Personal Data where that processing is carried out for our legitimate interests. Note that in certain circumstances these rights might not be absolute.

Right	Further Information
Right to be Informed	You have the right to know whether your Personal Data is being processed by us, how we use your Personal Data, and your rights in relation to your Personal Data.
Right of Access	You have the right to request a copy of the Personal Data held by us about you, and to access the following information in relation to the processing of your Personal Data: the purposes of processing; the categories of Personal Data concerned; the recipients of your Personal Data; the period for which your Personal Data will be stored; the existence of your right to lodge a complaint with the Office of the Data Protection Commissioner or appropriate official in your jurisdiction; and the source of your Personal Data. We will only charge you for making such an access request where we feel your request is unjustified or excessive.
Right to Rectification	You have the right to request that we amend any inaccurate Personal Data that we have about you.
Right to Erasure	You have the right to ask us to erase your Personal Data where: it is no longer necessary to perform the contract; you withdraw your consent and there is no other legal basis permitting us to process your Personal Data; you object to the processing and we have no overriding legitimate grounds; your Personal Data have been unlawfully processed; or it must be erased to comply with a legal obligation.   Please note that some of your Personal Data may be required in order for the Services to function properly.
Right to Restriction of Processing	You have the right to ask us to restrict processing your Personal Data in the following situations: where you contest the accuracy of your Personal Data; where the processing is unlawful and you do not want us to delete your Personal Data; where we no longer need your Personal Data for the purposes of processing but you require the data in relation to a legal claim; or where you have objected to us processing your Personal Data pending the verification as to whether or not our legitimate interests override your interests or in connection with legal proceedings. When you exercise this right we may only store your Personal Data. We may not further process the data unless you consent or the processing is necessary in relation to a legal claim or to protect the rights of another person or legal person or for reasons of important public interest. Please note that it be may necessary for us to process some of your Personal Data in order to provide the Services, and in certain instances where you ask us not to process your Personal Data you may not be able to use the Services. We will inform you before the processing restriction is lifted.
Right to Data Portability	You may request us to provide you with your Personal Data which you have given us in a structured, commonly used and machine-readable format and you may request us to transmit your Personal Data directly to another controller where this is technically feasible. This right only arises where: we process your Personal Data on the legal bases of your consent or where it is necessary to perform our contract with you; and the processing is carried out by automated means.
Right to Object	You have a right to object at any time to the processing of your Personal Data where we process your Personal Data on the legal basis of pursuing our legitimate interests. You can opt out of receiving such material by going to https://www.lockncharge.com/gdpr/
Right to Object to Automated Decision-Making, including Profiling	You have a right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. We may not be able to comply with this request where the processing is necessary to enter or perform our contract with you or where you explicitly consent to this. However, you are entitled to have a person from our team review the decision so that you can query it and set out your point of view to us.

You can exercise any of these rights by submitting a request in writing to marketing@lockncharge.com.

We will provide you with information on any action taken upon your request in relation to any of these rights without undue delay, and at the latest within one month of receiving your request. We may extend this up to 2 months if necessary, however we will inform you if this arises.

You also have the right to lodge a complaint about the way we handle or process your personal data with your national data protection authority.  For further information and to find your national data protection authority please click here.

11. YOUR RIGHTS UNDER THE CCPA AND HOW TO EXERCISE THEM

If you are California Consumer and the California Consumer Privacy Act (“CCPA”) applies to you, you have a number of rights in relation to your Personal Data which are set out in this Section 11. In particular, these rights include the right to request the categories and Personal Data that were processed while carrying out our legitimate interests. Note that we shall only provide such information upon a verifiable consumer request, and in certain circumstances these rights might not be absolute.

CALIFORNIA CONSUMER PRIVACY ACT (CCPA)
Right	Further Information
Right to Know	You have a right to know what Personal Data is being collected by us, and the purposes for which the categories of Personal Data shall be used. You have the right to request a copy of the Personal Data held by us about you, and to access the following: The categories of Personal Data we have collected about you. The categories of sources from which the Personal Data is collected. The business or commercial purpose for collecting or selling the Personal Data. The categories of third parties with whom we share Personal Data. The specific pieces of Personal Data we have collected about you.
Right to Delete	You have the right to request that we delete your Personal Data, and direct any service providers to delete your Personal Data, except where maintaining your personal data is necessary to: Complete the transaction for which the Personal Data was collected; to fulfill the terms of a written warranty or product recall conducted in accordance with federal law; to provide you a good or service requested by you or reasonably anticipated within the context of our ongoing business relationship; or to perform a contract between us. Detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity. Debug to identify and repair errors that impair existing intended functionality. Exercise free speech; ensure the right of another consumer to exercise that consumer’s right of free speech; or exercise another right provided for by law. Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code. To enable solely internal uses that are reasonably aligned with your relationship with our business. Comply with a legal obligation. Otherwise use your Personal Data internally, in a lawful manner that is compatible with the context in which you provided the information.
Right to Opt-Out	You are able to direct a business that sells your Personal Data to stop selling that information.  We do not sell any of your Personal Data or any customer data.
Right to Non-Discrimination	You have the right not to be discriminated against in terms of price for a service when you exercise a privacy right under the CCPA.

You can exercise any of these rights by submitting a request in writing to marketing@lockncharge.com or by calling the following toll-free telephone number: 888-943-6803.

12. Nevada Revised Statutes

Sections 603A.300-360 requires us to disclose that Nevada consumers may request that website and online service operators like us not sell certain information about them – referred to in the law as “covered information.” We do not currently engage in any “sale” of covered information as defined under this law. However, Nevada consumers who still wish to submit a request that we not sell their covered information may do so by sending an e-mail to  marketing@lockncharge.com.

13. CHANGES TO THIS STATEMENT

If we amend this Statement, in whole or part, any changes will be posted on this page and, where appropriate, notified to you by email or when you use the Website or other Services. The new Statement may be displayed on-screen and you may be required to read and accept it to continue your use of the Website or other Services.

If at any time we decide to use your Personal Data in a manner significantly different from that stated in this Statement, or otherwise disclosed to you at the time it was collected, we will notify you by e-mail, and you will have a choice as to whether or not we use your Personal Data in the new manner.

13. WHO TO CONTACT WITH QUERIES

Questions, comments and requests regarding this Statement are welcomed and should be addressed to  marketing@lockncharge.com.

Updated: 2023.09.18