Effective 1^st February 2023 

Sustainable Technology, Energy & Mobility Solutions Canada Inc. as the licensee of the brand CAFU^® together with its affiliates (collectively “Cafu” or “we” or “us”) respect your privacy and are committed to protecting your data. This privacy policy (the “Policy”) sets out our privacy practices that apply when you visit our website or mobile or tablet application or any other online platform that links you to it (collectively our “Platform”) (regardless of where you visit it from) as well as Cafu’s interactions with you on third party platforms such as social media.

When you use our Platform or services/products, you consent to our collection, use and disclosure of your personal information in accordance with this Policy.  As such, it is important that you read this Policy together with any other notices we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Policy supplements other notices and/or policies and is not intended to override them.

We will only use your data for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. 

1. DATA WE COLLECT ABOUT YOU
   • When you visit or use our Platform we may collect, use or share the following personal data about you:
     
     • Identity data such as your name, account username, date of birth and gender.
     • Contact datasuch as your billing address, delivery address, email address and telephone numbers.
     • Vehicle datasuch as your plate number, vehicle model, vehicle colour, vehicle make, battery range information, state of your electric vehicle charge and odometer readings.
     • Financial datasuch as payment card (credit or debit card) information.
     • Transaction datasuch as details about payments history, orders history, vehicle locations history and other details of the services you have ordered through our Platform. Cafu collects information related to your payment transactions through the Platform, including the payment instrument used, date and time, payment amount, billing postcode, billing email address, your address and other related transaction details.
     • Delivery data such as your GPS location or any delivery location you select on the Platform.
     • Technical datasuch as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our Platform.
     • Profile datasuch as your username and password or profile picture, your interests, preferences, feedback, or survey responses.
     • Usage datasuch as information about how you use our Platform, services or products. We collect information about your interactions with the Platform such as the pages or content you view, orders you have placed, your power consumption and other actions on the Platform.
     • Marketing and Communications datasuch as your preferences in receiving marketing from us and our third parties and communication preferences.
   • The data we collect is necessary for the adequate performance of the contract we have or are trying to enter into with you and this also allows us to comply with our legal obligations as a service provider. Without such data, we may not be able to provide you with access to the Platform or the services.
   • The personal data we hold about you must be accurate and current. Please keep us informed if your data changes during your relationship with us.

2. DATA WE DO NOT COLLECT 

We do not knowingly or intend to collect any data from children under eighteen (18) years. Our Platform is only intended for use by users above the age of 18 years. We verify your age using your birthdate to ensure you are above 18 years and eligible to use our Platform. If you believe that we are processing personal information about a child inappropriately, we take this very seriously and urge you to contact us.

3. HOW YOUR DATA IS COLLECTED
   • Where you give express consent or implied consent when you access our Platform, create an account on our Platform or register with us, contact us, send us feedback, order services or products via our Platform, and complete customer surveys or participate in competitions or community forums via our Platform we will automatically collect personal information. Further, we may also collect your data when you fill in a form, update or add information to your account, share your experience or reviews with us or use other features of the Platform. If you contact us by phone, we will collect the phone number you use to call Cafu. If you contact us by phone as a user of Cafu, we may collect additional information to verify your identity. Cafu will seek consent for use or disclosure of your personal information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when Cafu wants to use information for a purpose not previously identified). Cafu will make a reasonable effort to ensure that the individual is advised of the purposes for which the information will be used. To make the consent meaningful, the purposes will be stated in such a manner that the individual can understand how the information will be used or disclosed.
   • When you use certain features of the Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. Cafu may also indirectly collect this information even when you are not using the Platform if this connection is enabled through your settings or device permissions.
   • Cafu may collect information, including personal information, that others provide about you when they use the Platform, or obtain information from other sources and combine that with information we collect through the Platform and the payment services. We do not control, supervise and are not responsible for how the third parties providing your information process your personal information, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
   • We may also collect certain information by automated means using technologies such as cookies, web beacons, pixels, browser analysis tools, server logs, and mobile identifiers. In many cases, the information we collect using cookies and other tools is only used in a non-identifiable manner without reference to personal information. For example, we may use the information we collect to better understand our Platform traffic patterns and to optimize users' experience. In some cases, we associate the information we collect using cookies and other technology with your personal information. Our business or technology partners may also use these tracking technologies on the Platform or engage others to track your behaviour on our behalf. While you may disable the usage of cookies through your browser settings, the Cafu Platform currently does not respond to a “Do Not Track” signal in the HTTP header from your browser or mobile application due to a lack of standardization regarding how that signal should be interpreted. 
   • If you link, connect, or log in to your account with a third-party service (e.g., Google, or Facebook, Smartcar, or the relevant payment gateway platform), the third-party service may send us information such as your registration, friends list, and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings for that service. As we do not operate such services and considering they are outside of our control, we are not responsible for the security or privacy of any information collected by other websites or other services. Please exercise caution and review the privacy statements applicable to the third-party websites and services you use.
   • We may obtain reports from public records as part of the user vetting procedures that may be undertaken from time to time. To the extent permitted by applicable laws and with your consent where required, we may obtain the local version of police or background checks. We may use your information, including your full name and date of birth, to obtain such reports.
   • If you are invited to Cafu or have been referred to use our services, the person who invited you may submit personal information about you such as your email address or your other contact information.
   • To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or information to help detect fraud and safety issues, from third-party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Platform through partnerships, or about your experiences and interactions from our partner ad networks.

4. HOW WE USE YOUR DATA
   • When we use your personal information, we are required to have a legal basis for doing so. There are various legal bases on which we may rely, depending on what personal information we process and why. Please note that we may process your data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your data where more than one ground as set out below:
     
     • For the performance of a contract that we have with you, in which case, we may use your data to:
     • register you as a new customer
     • process and deliver your order including managing payments
     • manage our relationship with you which will include notifying you about changes to our terms or the Policy or asking you to leave a review or take a survey
     • We may also have a legitimate reason to collect or use your data to:
     • enable you to partake in a prize draw, or competition or complete a survey about the services/products that we usually provide to you
     • administer and protect our business and Platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
     • use data analytics to improve our Platform, products/services, marketing, customer relationships and experiences
     • make suggestions and recommendations to you about goods or services that may be of interest to you
     • We may also use your data for our own internal marketing and promotional purposes. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view of what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you as part of our marketing activities. You will receive marketing communications from us if you have requested information from us or purchased services or products through our Platform.

5. Disclosures Of Your Data
   • Cafu may disclose your information, including personal information to:
     
     • courts, law enforcement, governmental authorities, tax authorities, or authorised third-parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against Cafu, (iii) to respond to valid requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Use, or (v) to protect the rights, property or personal safety of Cafu, its partners, its franchisees, its licensees, its employees, its users, or members of the public.
     • third-party service providers whom we may choose to subcontract to provide the services available on the Platform or to such third-party suppliers who provide professional services to Cafu. We require all third parties to respect the security of your data and to treat it as per the law. We do not allow our third-party service providers to use your data for their purposes and only permit them to process your data for specified purposes and by our instructions.
   • We will get your express opt-in consent before we share your data with any third party for marketing purposes. However, you can ask us or third parties to stop sending you marketing messages at any time by logging into the Platform and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.
   • Please also note that our Platform may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Platform, we encourage you to read the privacy policy of every website you visit.

6. HOW WE PROTECT YOUR DATA
   • We have put in place appropriate security measures to prevent your data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your data on our instructions, and they are subject to a duty of confidentiality.
   • We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

7. HOW LONG DO WE USE YOUR DATA FOR
   • We will only retain your data for as long as reasonably necessary to fulfil the purposes we collected it for, including to satisfy any legal, regulatory, tax, accounting or reporting requirements. We may retain your data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation concerning our relationship with you.
   • To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your data, the purposes for which we process your data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
   • In some circumstances, we may anonymise your data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

8. YOUR LEGAL RIGHTS 
   
   Under certain circumstances, you have rights under data protection laws about your personal data.
   You may exercise certain rights regarding your data that Cafu or its service providers process in accordance with this Policy. In particular, you have the right to do the following:
   
   
   • Withdraw your consent at any time.
     You have the right to withdraw your consent if you have already given consent to the processing of your data.
   • Oppose the processing of your data.
     You have the right to object to the processing of your data if the processing is carried out on a legal basis other than consent. You may object to this processing by providing a justification related to your particular situation, except when the opposition concerns processing for direct marketing purposes, where no justification is then required.
   • Access your data.
     You have the right to know which of your data is being processed, to obtain information on certain aspects of the processing and to obtain a copy of the data being processed, under certain conditions, when applicable.
   • Verify and obtain rectification.
     You have the right to verify the accuracy of your data and to request that it be updated or corrected.
   • Limit the processing of your data.
     You have the right, under certain conditions, to limit the processing of your data. In this case, your data will only be processed for storage, subject to the applicable limits to the retention of data, as set out in this Policy.
   • Have your personal data deleted or erased.
     You have the right, under certain conditions, to obtain the erasure of your data collected under this Policy.
   • Recover your data and transfer it to another controller.
     You have the right to retrieve your data in a structured, commonly used and machine-readable format and, if technically possible, to transmit them to another data controller without hindrance of any kind. This provision applies, provided that the data is processed by automated means and that the processing is based on the user's consent, on a contract to which the user is a party or on pre-contractual obligations.
   • File a complaint.
     You have the right to lodge a complaint with your competent data protection authority.

How to exercise these rights

Any request to exercise the user's rights can be sent to Cafu free of charge using the contact details provided in this Policy. Cafu will make every effort to respond to your request as soon as possible, which will generally not exceed one month, barring exceptions.

If you want to update, correct or access the personal data we maintain about you, please contact us at  info@cafu.com with a copy to legal@cafu.com. 

9. INTERNATIONAL TRANSFERS

Although the Platforms are headquartered in the United Arab Emirates, your data is processed in Canada, Province of Quebec, North Carolina, USA and in all other places where the parties responsible for the processing are located. Please be aware that information you provide to us or that we obtain as a result of your use of the Platform may be collected in your country and subsequently transferred to, maintained and processed in the United Arab Emirates or another country by us or our service providers for the purposes mentioned above in accordance with applicable law. The privacy laws of these countries may not always offer the same level of protection as in your country. By using the Platform, you consent to the collection, international transfer, storage, and processing of your information.

 

10. PRIVACY POLICY CHANGES AND UPDATES

Cafu reserves the right to modify or update this Policy at any time. It is your responsibility to ensure that you are up to date with the recent provisions and terms of this Policy. The Policy is effective 5 (five) days from the time it is published on our Platform. If you disagree with the Policy, you reserve the right to cancel your account and inform our customer service team of your concerns or disagreement with the terms of this Policy. Your use of the Platform, our services or your provision of personal information to use the Platform following such changes indicates your acceptance of the revised Policy.

 

11. CONTACT US

If you have any questions about this Policy or our privacy practices or wish to exercise your legal rights, please contact us at: Email: info@cafu.com; Or: contact our acting Data Protection Officer legal@cafu.com .