Your privacy matters to Kanematsu USA Inc. (“Kanematsu”, “we” or “us”). This Privacy Policy describes how we collect, use, share and protect information about you in connection with your access and use of our mobile applications, including DRIVEtheARC and DRIVEtheARC EV Co-Driver (the “DRIVEtheARC Apps”) and related content and services including any services provided through our website(s) (collectively, the “Services”). Please carefully review this Privacy Policy. If you do not agree to any term of this Privacy Policy, do not use the Services, do not provide us with any information and delete the DRIVEtheARC Apps from your mobile device and any other devices or computers on which they may be installed. This Privacy Policy is an integral part of our Terms of Service or Terms of Use so please review it in conjunction with those Terms of Service or Terms of Use. DRIVEtheARC Apps’ Terms of Service or Terms of Use may be found at https://drivethearc.com/terms-of-service/ or in a text file in the DRIVEtheARC Apps, DRIVEtheARC’s Terms of Service may be found at https://drivethearc.com/drivethearc-terms-of-service/ or in a text file in the DRIVEtheARC mobile application, and DRIVEtheARC EV Co-Driver’s Terms of Use may be found at https://drivethearc.com/evcodriver-terms-of-use/ or in a text file in the DRIVEtheARC EV-Co-Driver mobile application. BY CLICKING “AGREE” TO THE TERMS OF SERVICE OR TERMS OF USE, ACCESSING OR USING THE SERVICES, OR PROVIDING US WITH ANY PERSONAL INFORMATION, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY.

AMENDMENTS

Kanematsu may revise this Privacy Policy from time to time. If we make material revisions to this Privacy Policy, we will notify you prior to the effective date of the revisions by posting a notice through the DRIVEtheARC Apps or by emailing you at the email address we have on file. Your continued access or use of the Services after such changes become effective, posting constitutes your consent to be bound by this Privacy Policy as revised. If you do not agree to the revised Privacy Policy, you may not continue to access or use the Services and you should cancel your account as described in the “Cancellation” section of the Terms of Service or Terms of Use, cease use of the Services, and delete the DRIVEtheARC Apps from your mobile device or any other computers on which it may be installed.

COLLECTION OF INFORMATION

Personal Information and Usage Information. The information described in this Privacy Policy includes personal information that may identify you as an individual (such as information collected from you during registration of your User Account) (“Personal Information”) and usage information (such as your location when navigating to a charging station, telematics’ data, and device identifier information) (“Usage Information”). Usage Information may be non-identifying or may be associated with you as an individual. We will treat Usage Information as Personal Information whenever we associate it with your Personal Information. Information collected in connection with the Services is generally referred to as “Information” in this Privacy Policy, whether it is Personal Information or Usage Information. For California residents, “Personal Information” shall have the definition as set forth in the California Consumer Privacy Act (“CCPA”). Please see the section below entitled “California Privacy Rights” for more information. Information collected at time of registration. Use of the Services requires you to establish a User Account (as defined in the Terms of Service or the Terms of Use). Registration of a User Account requires you to submit certain Personal Information such as:

  • your name o your home and/or office address
  • your mobile phone number
  • your email address
  • your charging station network access card number(s) (or other payment method, if applicable) and the expiration date for charging station network access

Upon successful completion of the registration process, you will be issued a DRIVEtheARC Connected Car Services User ID and password (for EV Co-Driver, your email address will serve as your User ID). This User ID and password will be associated with the Personal Information that you have provided so you should keep them in a safe and secure location and not disclose them to others. Information collected through access or use of the Services. In addition to Personal Information you provide during the registration process, your access or use of the Services will result in our collection of additional Information about you, your mobile device or computer, your driving habits, or your vehicle in four main ways: (i) Information provided by you through the DRIVEtheARC Apps by manual input or voice command (“User Input Information”), (ii) Information automatically collected from charging stations to which you have been navigated by use of the Services (“Charging Station Information”), and (iii) Information automatically collected by the DRIVEtheARC Apps from your mobile device or computer such as its GPS systems (“Mobile Device/Application Use Information”), and (iv) Information automatically collected from your vehicle’s telematics’ system (“Telematics Information”). Information collected as described above will be transmitted to, used and stored by Kanematsu and/or third parties engaged by Kanematsu to assist in the development, delivery or support of the Services. Information collected as described above includes Information such as:

User Input Information:

  • destinations
  • self-reported battery state-of-charge (SOC) data regarding your vehicle
  • feedback, comments, messages, queries or other content

Charging Station Information:

  • DRIVEtheARC Connected Car Services User ID
  • charging station service card number (or other payment method, if applicable) and the expiration date for charging station network access
  • charging station location
  • charger unit number or identifier at charging station
  • charging start and end times
  • charged power measurement

Mobile Device/Application Use Information:

  • mobile device identifier (such as IP address or other unique identifier) and other technical and usage information about your mobile device and computer
  • locations of charging stations visited during use of the Services
  • charging start and stop times
  • system information
  • other data regarding your use of the Services Vehicle Information:
    • battery state-of-charge (SOC) (obtained through vehicle manufacturer or third party APIs or other connectivity between your vehicle and either or both of the Apps)

Location Data. As noted above, we may collect Mobile Device/Application Use Information in connection with your use of the Services, including information regarding your location. Such location data may be tied to your Personal Information or other Information. By your agreement to the Terms of Service/Use or your use of the Services, you are expressly consenting to the collection and us of precise location data related to your use of the DRIVEtheARC Apps in accordance with the Terms of Service or Terms of Use, this Privacy Policy and applicable law. If you do not wish to permit the collection of location information, then you may disable it by changing the location settings on your device. However, this will limit or prevent your ability to use the Services, in whole or part. Information regarding other Drivers and Passengers: It is your responsibility to inform drivers and passengers of your vehicle of these terms including the Privacy Policy to the extent any Information (such as location data) may be collected or used concerning them. Cookies; Tracking. The DRIVEtheARC Apps may use “cookies” or similar technologies to help us operate the Services and collect certain Information and data about your use of the Services and your mobile device or computer. “Cookies” are small data files stored on your mobile device or computer. A cookie may include an anonymous unique identifier that is sent from a server used to operate the Services to your mobile device or computer. Each time you use the Services, a cookie will transmit information to us or our third party service providers to identify the mobile device or computer you are using. The information transmitted by cookies may enable us to facilitate your signing on to the Services, track your preferences when using the Services, provide you with customized content, provide us with data for analytical or research purposes, assist in the identification of fraudulent or unlawful activities, or for other purposes described in the “Use of Information” section below. We may also use our own or third party tracking technologies or services (e.g., Google Analytics) that use cookies, mobile SDKs, web beacons or pixel tags to track and measure information about usage of our Services in order to capture usage and volume statistics or to enable services such as fraud prevention. Kanematsu does not control third party cookies, mobile SDKs, web beacons, pixel tags or similar technologies and this Privacy Policy does not cover them. Cookies may often be disabled through the settings in your mobile device or your computer’s browser settings. If you disable cookies used by the Services, you may not be able to use some or all of the Services. De-Identified Personal Information: Personal Information does not include your Personal Information that has been de-identified, pseudonymized, anonymized, aggregated, and/or otherwise processed so as to be unidentifiable (collectively, “De-identified Personal Information”), meaning that the data can no longer be attributed to a specific individual by reasonable means without the use of additional information, provided such additional information (if in our possession or control) is kept separate and under adequate security to prevent unauthorized re-identification of a specific individual.

USE OF INFORMATION

We may use your Information for the following purposes:

  • to manage your User Account
  • to send you information regarding the Services or our other products or services
  • to enable us to operate and provide the Services
  • to monitor and improve the performance of the Services
  • to provide updates of the DRIVEtheARC Apps
  • to provide customer service and respond to queries
  • to conduct surveys and questionnaires
  • to enforce the Terms of Service, the Terms of Use and this Privacy Policy
  • to take any action in the event of a dispute or legal proceeding between us
  • to comply with applicable law and legal process or respond to requests from law enforcement or governmental authorities
  • to investigate or prevent fraud or other unlawful activities or misuse of the Services
  • for inclusion in our data analytics
  • for statistical or research purposes
  • to prepare and include in reports to our business partners
  • for internal business purposes
  • to share with third parties subject to the “Sharing Information with Third Parties” section below.

SHARING INFORMATION WITH THIRD PARTIES

We will not sell, lease or rent your Personal Information to third parties. We may use or share with third parties your Personal Information or Usage Information which is, or has been transformed into, aggregated, non-personal, anonymized or de-identified information in order to optimize the Services, for operational or research purposes, or where legally required or permissible. Additionally, we may share Information with third parties as follows: Service Providers. We may share Information with third party service providers that we have engaged to help facilitate or improve our provision of the Services, such as third parties engaged in the provision or operation of communications and hosting, wireless connectivity, network security, data analysis and storage, mapping and related services, charging stations, software development, technical and customer support, payment processing, marketing and other functions. If Information is provided to such service providers, they may only use it to fulfill their responsibilities in connection with the Services and they must abide by our data privacy requirements. Business Partners. We may share Information with other business partners we work with in the development or provision of the Services and parties that have helped to fund or subsidize the Services. If Information is provided to such business partners, they may only use it to help us improve the Services, for administrative, statistical or research purposes, or to confirm that we have complied with our obligations to them. These business partners must also abide by our data privacy requirements. Kanematsu Affiliates. We may share Information with other entities connected or affiliated with Kanematsu, such as its parent company, sibling companies and subsidiaries. Such companies are subject to our data security requirements and will only use such Information consistent with this Privacy Policy. Other Users. The Services may include functionality to allow you to post comments, feedback, messages or other content via “chat” directly with other users or on blogs, bulletin boards or by other means. Such content will be accessible by other users of the Services or the public at large. Legal Authorities or Proceedings. We may share Information with law enforcement officials, governmental agencies or other legal authorities when permitted or required by law or legal process or to respond to requests from law enforcement, government agencies or other legal authorities. We may also share Information with third parties in connection with legal proceedings in order to establish, protect, exercise or defend our reputation, rights or property. Successors. If we sell or otherwise transfer part or all of our business or assets to another company or organization, such as in the course of an acquisition, merger, corporate reorganization, bankruptcy or liquidation, Information may be sold, transferred or otherwise shared as part of the transaction or proceedings.

ACCESSING AND REVISING PERSONAL INFORMATION

Upon request sent to us by email at support@drivearc.com for issues related to the DRIVEtheARC app and the DRIVEtheARC EV Co-Driver app, we will permit you to access, make changes or updates to, or delete your Personal Information. You may also have the ability to access and revise certain Personal Information in your User Account through the DRIVEtheARC Apps (such revisions shall also be considered requests from you). Your right to access, make changes or updates to, or delete Personal Information is subject to our verification of your identity and applicable law. Notwithstanding any requests to change or delete Personal Information, we may need to retain Personal Information for purposes of recordkeeping, back-up, legal compliance or the provision of Services sought prior to the request. Revisions or deletions of your Personal Information may impair or prevent you from obtaining the Services in whole or part.

DATA SECURITY

We will implement reasonable security measures to protect Personal Information from unauthorized access by physical or electronic intrusion. Unfortunately, no data transmission or storage method is 100% secure. Therefore, while we strive to protect your Personal Information, we cannot ensure or warrant its security and we are not responsible for any damages or liabilities relating to any loss, misuse, theft, interception, or alteration of any Personal Information. When you transmit Personal Information to register your User Account, we encrypt that information in transit using secure socket layer technology (SSL). Messages, feedback, comments, queries or other content you provide or publish through the Services and emails you send us are not encrypted and may not be secure. You should not provide or publish any of your Personal Information or other sensitive or confidential information through such means of communication. We store Information in the United States and Japan. When we transfer to and store Information in Japan, we will protect it as provided in this Privacy Policy. We will retain your Personal Information for the period necessary to provide the Services and fulfill the purposes set forth in this Privacy Policy or the Terms of Service/Use, unless a longer period is legally required or permitted. The Services may be made available through distribution services or platforms provided by third parties such as Apple or Google (“Distribution Platforms”). Distribution Platforms may collect or use information of its users or their mobile devices or computers. This Privacy Policy does not address, and we are not responsible for, the information collection, use, disclosure or data security methods of Distribution Platforms. We recommend that you review the privacy policies of the Distribution Platform utilized by your mobile device or computer.

CALIFORNIA PRIVACY RIGHTS

Residents of California have additional rights. Click here to learn more.

EMAIL MESSAGE OPT-OUT

We may periodically send you emails regarding the Services or new products or services we may offer. If you prefer not to receive these periodic email messages, you may opt-out by following the instructions in the email.

CHILDREN

The Services are not directed to minors and persons under the age of 18 are not allowed to register User Accounts. We do not knowingly collect personal information from anyone under the age of 18 (including children under the age of 13). If you are the parent or guardian of a minor under the age of 18 and believe personal information regarding the minor has been disclosed to us, please contact us at support@drivearc.com. If we discover that we have collected personal information from a person under the age of 18, we will delete it as soon as reasonably practicable.

CONTACT INFORMATION

If you would like to contact us about this Privacy Policy, or if you believe that we have not adhered to this Privacy Policy, you may contact us by sending us an email to support@drivearc.com or mailing us at the following address: Kanematsu USA Inc., 2154 Paragon Drive, San Jose, CA 95131, Attn.: General Manager.

Effective May 29, 2020

CALIFORNIA PRIVACY RIGHTS

Consumers residing in California are afforded certain rights with respect to their personal information under the California Consumer Privacy Act (“CCPA”) and other laws. If you are a resident of California, this section applies to you. For purposes of this section, “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA. You can download a printable copy of the Privacy Policy including this section here. It does not apply to personal information we collect from our employees and job applicants in their capacity as employees and job applicants. It also does not apply to personal information we collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services.

Summary of Information We Collect

Through the Service, we collect Personal Information as that term is defined in the CCPA. We list below the categories of Personal Information that we may have collected in the last twelve (12) months. You may also refer to the Collection of Information section of our Privacy Policy. We obtain the categories of Personal Information listed below as set forth in the methods described in Collection of Information of our Privacy Policy, including through your online registration, use of the DRIVEtheARC Apps and the Services, GPS and location information obtained through third party navigation services such as Google Maps, connections via vehicle manufacturer or third party APIs or other connectivity between your vehicles and the Apps, use of charging stations, our email exchanges or other communications with you, and publicly available sources.

Category Examples

Identifiers Names, email addresses, mailing addresses, unique personal identifier (e.g., customer or account name or number), Internet Protocol address Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Names, addresses, telephone numbers, credit card numbers, debit card numbers. Note: Some personal information here may overlap with other categories. Commercial information Records of goods or services purchased or obtained or other purchasing or consuming histories or tendencies (such as vehicle make, model, and year, vehicle ID, license plate number) Geolocation data Physical location Inferences drawn from other Personal Information Profile reflecting a person’s driving behavior and preferences

Personal information does not include:

  • Publicly available information from government records;
  • De-identified or aggregated consumer information; or,
  • Information excluded from the scope of the CCPA, such as:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and,
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Use of Personal Information

We may use or disclose the Personal Information we collect for one or more of the business purposes indicated in the Use of Information section of our Privacy Policy. We will not collect additional categories of Personal Information or use the Personal information we collected for materially different, unrelated, or incompatible purposes without providing notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the categories of third parties listed in the How We Share Your Personal Information with Third Parties section of our Privacy Policy. In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose: Identifiers and Geolocation data. We do not sell Personal Information as we understand that term to mean in the CCPA and we have not sold your Personal Information in the past 12 months. In the event that we do sell any personal information, we will update this Privacy Policy to list the categories of consumers’ Personal Information sold.

Your Rights

Consumers who are California residents have certain rights under the CCPA. In particular, you have the right to request that we: o Disclose to you the categories of Personal Information we have collected or disclosed about you in the preceding 12 months; the categories of sources of such information; the business or commercial purpose for collecting or selling (if we engage in that activity in the future) your Personal Information; and the categories of third parties with whom we shared personal information. o Provide access to and/or a copy of the specific pieces of Personal Information we hold about you (also called a data portability request). o Delete Personal Information we have about you, subject to certain exceptions permitted by law. o If we, in the future, engage in the sale of your Personal Information, you may request that we cease such activity. To exercise the rights above, please submit a verifiable consumer request to us by either sending us an email to support@drivearc.com or mailing us at the following address: Kanematsu USA Inc., 2154 Paragon Drive, San Jose, CA 95131, Attn.: General Manager. We reserve the right to confirm your California residency to process your requests and will need to confirm your identity to process your requests to exercise your information, access or deletion rights. Government identification may be required. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it. You may only make such a request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights.

SHINE-THE-LIGHT

California’s “Shine the Light” law regulates the sharing of personal information about California residents with affiliates or unaffiliated third parties for their direct marketing purposes. This law requires covered businesses to comply with certain notice and information disclosure requirements unless the business commits in its privacy policy either to (i) obtain the California resident’s opt-in consent to disclose the resident’s personal information to affiliates or third parties for their direct marketing purposes (the “Opt-in Approach”), or (ii) allow the California resident to opt-out of the disclosure of the resident’s personal information to affiliates or third parties for their direct marketing purposes (the “Opt-out Approach”). As of the effective date of this Privacy Policy, Kanematsu does not share personal information about California residents to affiliates or third parties for their direct marketing purposes. If Kanematsu subsequently decides to share such personal information with affiliates or third parties for their direct marketing purposes, it presently intends to adopt either the Opt-in Approach or the Opt-out Approach and will notify you of the approach selected and the details in an update to this Privacy Policy.

CALIFORNIA MINOR CONTENT REMOVAL

If you are a resident of California, under 18 and a registered user of our services, you may ask us to remove content or information that you have posted to these services by contacting us. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.

CALIFORNIA DO NOT TRACK DISCLOSURE

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, please visit: www.allaboutdnt.org.

Effective as of May 29, 2020