EMC Privacy Policy

THE E-MOBILITY COMPANY or “EMC” (with its registered office at Boulevard Simon Bolivar 34, 1000 Brussels and with company number 0665.579.356) is the data controller responsible for the processing of your personal data and is committed to protecting and respecting your privacy.

This privacy policy sets out the basis on which any personal data we collect from you, or that you provide to us, under or in connection with the EV charging infrastructure and services we provide will be processed by us or on our behalf. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat them.

DEFINITIONS

The words used with a capital letter in this privacy policy have the following meaning: 

· “Charging Card” means the card issued by LMS by which you can identify yourself at a Charging Station.

· “Charging Station” means a charging device where you can charge your electric vehicle via the Charging Card.

· “Charging Stations Operator” means an operator of Charging Stations accessible through Roaming.

· “Client” means, as the case may be, you or the person or entity for whom you work, that entered into an agreement with EMC regarding the installation of a Charging Station and/or the provision of charging services.

· “Network” means the network of Charging Stations accessible with the Charging Card.

· “Roaming” is the service allowing Charging Card holders to use different Charging Stations from different Charging Station Operators domestically and abroad.

· “LMS” refers to Threeforce BV, a company incorporated and existing under the laws of The Netherlands, with its registered office at Zeemansstraat 11, 3016CN, Rotterdam, and with company number KVK 24360819, acting under the tradename “Last Mile Solutions” or “LMS”.

WHAT ARE THE SERVICES WE OFFER ?

· supply and installation of Charging Stations either at the Client’s sites and/or at the home address of the Client’s employees;

· configuration and setting up of the Charging Station installed at the Client’s site and/or the Client’s employees home addresses;

· access to an online platform allowing you to follow-up the load sessions made via the Charging Card(s) and to monitor your Charging Station(s);

· as the case may be (depending on the services subscribed by the Client), reimbursement of the Client’s employees for the energy consumed through the Charging Stations installed at their home addresses;

· as the case may be (depending on the services subscribed by the Client), intelligent load management service called SMATCH® for the Charging Stations installed at the Client’s site(s). This service allows to answer the combined needs of the building manager and the Client’s employees by controlling the charging energy fluxes appropriately though a mobile application SMATCH®.

· as the case may be (depending on the services subscribed by the Client), Roaming for the Client’s employees ;

· helpline 24/7, and, as the case may be (depending on the services subscribed by the Client) repairs and maintenance (preventive intervention or repairs in case of incidents with the Charging Stations related to the Client).

WHAT INFORMATION DO WE COLLECT?

We may collect (when you access the online platform mentioned above) and process the following information about you under or in connection with the services described above :

· your name and contact details (phone number, e-mail address and home address);

· your username and password in order to connect to the online platform mentioned above;

· your Charging Card number;

· the company for whom you work (your employer);

· your charging activities (including time and place of loading and charging profile);

· your IP address; and

· your bank details.

WHY DO WE USE YOUR PERSONAL DATA?

We may use the personal data we hold about you for the following purposes:

· to provide you with access to the Network (via the Charging Card), including to the Charging Stations installed at the Client’s site(s) and at your home address;

· to provide you with general information on the Network (e.g. on location and use of the Charging Stations) and detailed information on your personal charging activities (via your personalised online platform);

· to provide the companies that are part of the Network with information on the use of their Charging Station(s);

· to provide the Client with information on your charging activities;

· to deal with any incidents, questions and complaints you or the Client have in respect of the Charging Stations and above mentioned services;

· to carry out any other obligations arising from our contract with the Client, including the reimbursement of the energy consumed by the Client’s employees through the use of the Charging Stations installed at their home addresses and load management services;

· to prepare for or complete any sale or acquisition of any business or assets;

· to comply with our legal or regulatory obligations or to respond to any requests from a public authority or law enforcement authority; and

· to protect the rights, property or safety of EMC, our customers or others. This includes the use of your personal data for fraud prevention and detection or for handling disputes.

ON WHICH BASIS DO WE PROCESS YOUR PERSONAL DATA?

· when it is necessary to perform the contract we have with you or for our legitimate interests because we need your personal information in order to provide the above mentioned services to the Client;

· in some instances, we will only use your personal data if you have given your prior express consent (for instance, if the law requires your prior consent for us to send you direct marketing communications by electronic means).

Your personal data will be retained in a manner consistent with the applicable data protection legislation.

HOW LONG DO WE KEEP YOUR PERSONAL DATA?

In any event, your personal data shall not be kept longer than is necessary to achieve the purposes stated in this privacy policy, unless:

· the processing of your personal data is necessary in connection with any actual or potential dispute (e.g. we need this personal data to establish or defend legal claims), in which case we will keep your personal data until the end of such dispute; and/or

· the retention is necessary for us to comply with any legal or regulatory obligation (e.g. for tax purposes), in which case we will keep your personal data for as long as required by that obligation.

WHEN DO WE SHARE YOUR PERSONAL DATA?

To achieve the purposes above, we may share your personal data with (i) the Client, (ii) our partners (e.g. the installers, Arval Belgium sa), (iii) the external providers of services and products that we use to operate (e.g. LMS), maintain and provide the services (including providers of IT related services, etc.) and (iv) affiliates of EMC (e.g. Electrabel sa).

We may also disclose your personal data to third parties:

· in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business assets; and

· if we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to protect the rights, property or safety of EMC, our customers or others. This includes exchanging information with public authorities or law enforcement authorities for the purpose of fraud detection.

WHERE DO WE STORE AND PROCESS PERSONAL DATA?

Once collected, your data is stored within the European Economic Area (the EEA).

We may transfer your personal data to destinations outside the EEA if that is appropriate (i) to achieve any of the above purposes and/or (ii) to disclose your personal data to any of the third parties set out above.

Transfers of personal data from EMC to a company outside the EEA that has not been deemed by the European Commission to provide an adequate level of data protection are carried out under standard contractual clauses approved by the European Commission (or a national competent supervisory authority).

If you wish to receive more information relating to transfers of your personal data and/or the safeguards that have been implemented, you can contact us through the contact details set out below.

HOW DO WE SECURE PERSONAL DATA?

EMC uses its best efforts to thoroughly protect its network against unauthorised access and to guarantee the confidentiality of the personal data and professional information of its customers and/or suppliers:

· We do this by using Secure Sockets Layer (SSL) technology to prevent the interception or decoding of confidential passwords and personal data; and

· EMC’s internal network is protected by a secure firewall and is not directly accessible over the Internet.

Security also depends on you:

· be careful how you use your password. Never disclose it to anyone, even your colleagues. Also change it regularly.

· never leave your PC, tablet or smartphone unattended when you are connected to an application.

YOUR RIGHTS IN RELATION TO PERSONAL DATA

You have certain rights regarding the information we hold about you:

· you have the right to access the information we keep about you;

· you have the right, under certain circumstances, to block or suppress further use of your personal data;

· if your personal data is inaccurate or incomplete, you have the right to request the rectification of your personal data;

· you have the right to object to certain types of processing, including processing for direct marketing purposes; 

· you have the right, under certain circumstances, to request the deletion or removal of your personal data from our database;

· if our processing of your personal information is based specifically on your consent, you have the right to withdraw that consent at any time; and

· you have the right to obtain from us, under certain circumstances, your personal data in a structured, commonly used and machine-readable form so you can reuse it for your own purposes across different services.

You can exercise your data subject rights through our Data Protection Portal at https://www.engie-benelux-privacy.com/en/

You also have to right to file a complaint with the Data Protection Authority (GBA – APD): www.GegevensBeschermingsAutoriteit.be (NL) or www.AutoriteProtectionDonnees.be (FR).

PRIVACY RELATED QUESTIONS

If you want to exercise one of the rights mentioned in this policy or in case you have a privacy related question, you may contact the data protection team:

• Through the Data Protection Portal https://www.engie-benelux-privacy.com/en/;

• By email at data.protection.be@engie.com; or

• By post at PB 10020, B – 1030 Schaarbeek Brussel Noordstation.