Privacy at Nayax

EVMETER Privacy Policy

Recently Updated: January 2023

  1. General

EV METER Ltd. (“we,” “us,” “EV METER” or the “Company”) is committed to protecting the privacy of our User (as defined below). The Company takes a number of precautions and has implemented certain mechanisms to ensure the protection of your Personal Data (as defined below), as well as to comply with applicable privacy and data protection legislation.

The Company is part of the Nayax group that includes Nayax Ltd. and affiliated companies (“NAYAX Group”) which also operate this website.

The Company offers electric car charging stations (“EV Charger“), available in pedestal and wall-mounted styles that are compatible with both US and EU standards, as well as the Hive Platform – an energy management solution (SaaS) for EV drivers, operators, business and municipalities (“Hive” and collectively,  “Product”). The Product also incorporates Nayax’s VPOS Touch technology, an all-in-one solution for cashless payments and integrated telemetry. The Product along with any and all services provided through it and therein as well as any services available via our website and App (as defined below), shall be referred to collectively herein as the “Services”. Please note, your use of one or more of the Company’s Services may also be governed by an applicable Agreement (as defined below), and may also include, depending on your jurisdiction, filling out Know Your Client (KYC) forms, as required under applicable Anti Money Laundering regulations. In addition to this Privacy Policy, additional privacy policy may apply to you with respect to other services defined in an applicable agreement executed between you and the relevant Nayax Group entity and as specified in Nayax’s General Privacy Policy.

This Privacy Policy (“Privacy Policy”) is an integral part of our Terms of Use and governs the collection, processing, usage and transfer of data by us (or on our behalf) and our privacy practices with respect to the data collected via our Services from: (i) individuals who access and use this website (“Visitors”); (ii) individuals who purchase any of the products/services for their internal use (“Customers”); or (iii) our business partners who use the Services and/or sell the Product to their end users and/or install and operate the Product on their premises for use by such end-users (“Business Partners”). All of (i)-(iii) above shall also be referred herein as “you” or “User”.

THE HIGHLIGHTS:

  • You are not required by law to provide us with any Personal Data. Sharing Personal Data with us is entirely voluntary.
  • Our website and/or Services are intended for individuals who are over the age of 18 or other equivalent minimum age for providing consent to processing of Personal Data in the relevant jurisdiction (as applicable in your country). Anyone under the age of 18 or any other equivalent minimum age (as the case may be), or who is considered a child in their jurisdiction is not permitted to use the website or the Services.
  • Depending on your jurisdiction, you may be entitled to exercise certain rights with respect to your Personal Data which may include requesting to review, amend, erase, opt-out, or restrict the processing of your Personal Data. Please note that in the event that you request to erase or restrict the processing of your Personal Data, your use of the Services may be restricted. Please review our User Rights Policyto learn more about the rights you may have in relation to your Personal Data.
  • We share Personal Data with third parties in connection with the provision of the Services to our Users, or under other limited circumstances as specified herein.
  • If you have any questions or requests regarding the processing of your Personal Data, or would otherwise like to contact us in connection with this Privacy Policy, please send an email to: privacy@nayax.com.
    1. Additional terms that may apply to you
      • Additional terms may apply to you with respect to the Services you purchased from the Company, as will be indicated in the applicable agreement executed between you and the Company (“Agreement”).
      • If you are a Customer using our EV Charger together with our designated app (“App“), your use of the App will be governed by the applicable terms and use of the App.
      • If you are using the Services, as a Business Partner, pursuant to your Agreement – your Personal Data will be processed in accordance with our Agreement and this Privacy Policy. Furthermore, additional terms shall be applicable to you in connection with the processing of Personal Data regarding your End Users, as further specified in the applicable Data Processing Addendum (“DPA”).
      • Please note that if you are an end user of our Business Partners – you should review the privacy policy of the Business Partner in connection with the collection and processing of your Personal Data.
      • This Privacy Policy shall not be construed in any manner to derogate from the Terms of Useor any other applicable Agreement made between the Company and you.
      • The provisions included in this Privacy Policy relating to matters that may be regulated under the EU General Data Protection Regulation (“GDPR”) the California Consumer Privacy Act (“CCPA”) including any replacing, superseding or evolving legislation of them, and therefore will apply only to the processing of Personal Data (or Personal Information) which is subject to such applicable privacy law in accordance with the applicability provisions contained therein. Please review our CCPA Privacy Notice for more information regarding your rights and information that you are entitled to under the CCPA.
    2. Amendments to this Privacy Policy
      • We reserve the right to periodically revise or update this Privacy Policy. Any modifications to this Privacy Policy will go into effect upon the publication of the revised Privacy Policy on our website.
      • We will make a reasonable effort to provide notification in the event that we implement any amendments that substantially change our privacy practices, in the event that we are required to do so under applicable law. We recommend that you periodically review this page to ensure that you understand our privacy practices and to check for any amendments.
  1. What is Personal Data, and what data does the Company collect from you?

Personal Data” or “Personal Information” (which shall be referred to collectively herein as “Personal Data”), means any information which identifies or can be reasonably used to identify a natural person, including, but not limited to, first and last name, phone number, email address, unique online identifiers, IP address, billing information, information concerning households, unique device information, etc.
“Non-Personal Data”, means non-identifiable aggregated data, such as technical data transmitted by the user’s device and aggregated use of the website. This data is not used to identify individuals.

  • We use Personal Data for limited purposes, as explained in the table below.
Type of User and Type of Data Purposes of Processing Legal Basis
Customers of EV Charger and App users
When you purchase an EV Charger and wish to use its designated App, you will need to download the App and allow Bluetooth connectivity. We collect the history of your charging sessions, and information about your EV Charger (serial number). 

 

·      To provide you with the Services, ensure the proper billing of any Services procured and to obtain payment from you.

·      We use the information to set your account, connect the EV Charger to your account to enable App functionality, as well as for support purposes.

·      We will use your email address for messages about our Services and new features or products.

·         For operating, providing, maintaining, protecting, managing, customizing and improving our Services and the way in which we offer them; enhancing your experience with the Services; auditing and tracking usage statistics, and detecting fraud, security or technical issues.

·      Performance of a contract.

·      Legitimate Interests – with respect to our promotional communications with you.

Business PartnersOnboarding and Hive Usage
We collect the following information about our Business Partners and their users (i.e., representative) as part of an onboarding process:  full name, email address, telephone, company name, title, country, and business type (e.g., industry, etc.), photo (not mandatory). Please note, as explained above, additional terms may apply to you as a Business Partner, including the terms of your Agreement and the DPA.Please note that if you are using NAYAX’s payment processing services, then additional information is required for KYC check, depending on the Service you have subscribed to. Please refer to NAYAX Global Privacy Policy to learn more about information we collect with respect to KYC checks.Additionally, as our Business Partner we collect certain technical information about your Hive usage, which includes: technical information transmitted by your device when accessing our services and databases, this information includes type of the device used to access the services, date and time stamp and language, preference approximate geolocation (i.e., country), and user’s actions such as page views, search queries, etc.
·         To administer our relationship with you, provide you with the Services, ensure the billing of any Services or Products procured and purchased by you and to obtain payment from you.

·         We also use Personal Data to send you emails or other messages about us or regarding our Services. You can remove your Personal Data from our mailing list and stop receiving promotional communications from us by following the unsubscribe link located at the bottom of each communication or by emailing us at: privacy@nayax.com

·         Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

·      Legitimate Interests – with respect to our promotional communications with you.

Visitors of the website
When you visit our website we log your IP address. We collect additional online identifies via cookies placed on your browser. Such information may include, the type of operating system used, browser type, access time and date, click-stream, your actions while accessing the website, browsing data (e.g., directing URL’s), search queries, browser history, and approximate location.For more information about our cookies, see below in Section 5.
·         We collect this type of information for the purpose of operating, providing, maintaining, protecting, managing, customizing and improving our website and the way in which we offer them; enhancing your experience with the website; auditing and tracking usage statistics and traffic flow, and detecting fraud, security or technical issues in connection with the website. ·         Necessity of processing for the purposes of our legitimate interests.

·         Your consent, if you provided it (e.g., cookie consent obtained via our designated cookie management widget).

Contact Details
If you voluntarily contact us in any form, for any requests or to notify us about something, you may be required to provide us with certain information such as your name and email address which we will then process.
We will use your contact details only in order to respond to you, provide you with support and assist you or provide you with any other service that you may request. Necessity of processing for the purposes of our legitimate interests.
Newsletters and Email Marketing

We may send Users who provided us with their consent for us to do so (if required under applicable law) information with respect to new products, features, activities, services and periodic announcements or newsletters. You may opt-out at any time from such communications by either: (i) using the “unsubscribe” feature available within the message; or (ii) sending us an email to: privacy@nayax.com with your request to opt-out of such communications.

We will use your information solely to send you the updates, marketing materials and newsletters. ·         Necessity of processing for the purposes of our legitimate interests;

·         Your consent (if required).

 

  • In addition, we may use certain Personal Data to prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts and any other misuse of the website or the Services and to enforce Terms of Use, or any of our agreements that we may have with you, as well as to protect the security or integrity of our databases, Website and the Services, and to take precautions against legal liability. Such processing is based on our legitimate interests.
  • Non-Personal Data, aggregated and statistical or otherwise anonymized data may be shared without limitation with third parties at our discretion. This information does not contain Personal Data and is used to develop content and services for our Users.
  1. Cookies

We use data files such as cookies, pixel tags, “Flash cookies,” or other local storage files provided by your browser or associated applications (“Cookies”) on our website. We use these technologies in order to recognize you as a specific Visitor; customize our website, content, and advertising; measure promotional effectiveness; help ensure that your  security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our website. If you do not accept the use of these cookies, please disable them by changing your browser settings so that cookies from our website cannot be placed on your computer or mobile device, as detailed below and/or visit our cookie management platform widget, which is at the bottom of our website (i.e., cookie icon)however, it is important that you are made aware of the fact that if you choose to do so this may prevent us from providing some or all of the Services to You.

The following pages have information on how to change your cookies settings for the different browsers:

  1. Will the Company Share my Personal Data?

We share Personal Data under the following circumstances:

  • Payment Processors -In case our Services (as detailed above) to our Business Partners include payment processing – we share Personal Data about transactions made via our Products or Services with credit card processors, credit providers and credit card companies for the purpose of processing credit card payments with respect to the use of the Product and the Services.
  • Suppliers – We work with multiple suppliers in various fields of activity with respect to the website, Products and Services. Such third parties assist us in operating the website and Services, conducting our business, expanding our business or servicing you, and personalizing your experience with respect to the Services. While we strive to keep this list current, updated and complete, it is possible that there are additional processors which we have not yet added to the list. If you have any inquiries related to our service providers please contact us.
  • Business Partners – we process Personal Data with our Business Partners (regarding their end end-users, in our capacity as their processors) for the purpose of providing them the Services.
  • Within the Nayax group – We may also share certain Personal Data within the Nayax group, where certain affiliated companies provide services to assist others entities in the group in the provision of our services. For example, Nayax Ltd. headquarters the group’s activities, and may have access to Personal Data collected by its subsidiaries.
  • In the event of a corporate transaction (e.g., sale, merger, consolidation, etc.), provided however, that our Affiliated Companies or acquiring company will be subject to the obligations detailed herein with respect to your Personal Data.
  • To comply with a legal requirement, for the administration of justice, to protect your vital interests or the vital interests of others, to protect the security or integrity of our databases or the Services, to take precautions against legal liability or in the protection or enforcement of our legal rights.
  1. Will my Personal Data be transferred internationally?

Our databases are currently located in Germany, Israel and in the US and some of our processing activities are done in Israel. The European Commission has decided that Israel ensures an adequate level of privacy and data protection, therefore, in accordance with the GDPR, the transfer of Personal Data to Israel is lawful and does not require any specific authorization.

International transfers of data are done with appropriate measures to ensure that your personal data receives an adequate level of protection as required under applicable law. Further, when Personal Data collected within the EU is transferred outside the EU (and not to a recipient in a country that the European Commission has decided provides adequate protection), it shall be transferred in accordance with the provisions of the GDPR, including, where applicable, under the relevant Standard Contractual Clauses approved by the European Union (if applicable). If you would like to understand more about these arrangements and your rights in connection therewith, please contact us at: privacy@nayax.com.

  1. What User Rights are you entitled to?

 Since different Users have different privacy rights under applicable laws, we provide you with the ability to exercise certain choices, rights and controls in connection with your data, depending on your relationship with us and the applicable data protection laws in your jurisdiction. For instance, if you are a Visitor or a Customer, you may be entitled to different rights under applicable data protection and privacy laws, which may include (depending on your jurisdiction):

  • The right to a confirmation whether or not we process your Personal Data;
  • The right to access Personal Data that we process about you and receive a copy of the Personal Data we hold;
  • The right to ensure your Personal Data is accurate, complete and up to date;
  • The right to ask that we delete your Personal Data (to the extent practical and applicable);
  • The right to object to the processing of your Personal Data, to the extent applicable;
  • The right to request the portability of your Personal Data;
  • The right to file a complaint with a supervisory authority or national authority;
  • The right to withdraw consent, subject to legal or contractual restrictions;
  • The right to not be discriminated against when you request to exercise your rights;
  • The right to submit an opt-out (e.g., “do not sell”) request, where applicable.

We provide you with the ability to exercise your rights, depending on your relationship with us. If you wish to exercise any or all of the above rights, please fill in our Data Subject Request Form and describe your request while detailing your relationship with EV, alternatively you can send the request to: privacy@nayax.com.
We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any such information, in accordance with applicable law.

  1. Children
    Our Website and the Services provided through it is a general audience website which is not directed at any individual who under the age of 18 or other equivalent minimum age for providing consent to processing of Personal Data in the relevant jurisdiction. If we become aware that anyone under the age of 18, or other equivalent minimum age for providing consent to processing of Personal Data in the relevant jurisdiction, has provided us with Personal Data, we will delete such data from our databases.
  2. How do we protect your data?
    We implement measures to reduce the risks of damage, loss of information and unauthorized access or use of information in accordance with applicable law. We adopt appropriate and generally accepted data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or the destruction of your Personal Data. Your payment information is secured in accordance with the PCI-DSS standard. However, these measures are unable to provide complete security of all your information. Therefore, although efforts are made to secure your Personal Data, it is not guaranteed and you cannot reasonably expect that the Service and its related databases will be immune from any wrongdoings, malfunctions, unauthorized interceptions or access, or other kinds of abuse and misuse.
  3. Data retention
    Unless you instruct us otherwise and subject to applicable laws, we retain the information we collect for as long as needed to provide our Services and to comply with our legal obligations, resolve disputes and enforce our agreements and our legal rights, if applicable.
  4. Do Not Track Disclosure
    Our website does not respond to Do Not Track signals. For more information about Do Not Track signals, please see: http://www.allaboutdnt.com.
  5. Contact Us
    Please contact us at: privacy@nayax.comwith any questions or concerns that you may have regarding any privacy issues or regarding this Privacy Policy, we will make every effort to resolve your concerns without delay.
    Or contact us by regular mail at: EV METER Ltd, Nayax Headquarters, 3 Arik Einstein St., Herzliya 4659071 Israel.

EU residents may also contact us by using the following details of our EU entity:

Nayax Europe UAB

Antakalnio 17, LT-10312, Vilnius, Lithuania

 

CCPA Notice

This notice for California residents under the California Consumer Privacy Act of 2018 (“CCPA”) which governs the manner in which we process information collected from Users who reside in the State of California (“Consumers”) as defined under the CCPA, and which will be referred to herein as “you”)), and supplements the information contained in our Privacy Policy. This notice is an integral part of our Privacy Policy and thus, definitions used herein but not defined herein shall have the meaning ascribed to them in our Privacy Policy. As required under the CCPA, we will update this Privacy Notice every 12 months. The last revision date will be reflected in the “Recently Updated” heading located at the top of the Privacy Policy.

  • TYPES OF PERSONAL INFORMATION WE COLLECT

Under the CCPA, “Personal Information” is defined as any information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household or device. The categories of Personal Information that we collect (and have collected within the last 12 months), are detailed in the table above in Section 4.1).

  • HOW WE COLLECT INFORMATION

Depending on the nature of your interaction with us, we may collect the above detailed information from you, as follows: (i) directly from you, for example, when you use our Services; and (ii) automatically when you browse through the website.

  • USE OF PERSONAL INFORMATION

We may use, or disclose the Personal Information we collect for one or more of the business purposes described under “Purpose” in the table above in Section 4.1, and with the third partners listed above in Section 6.

  • SHARING DATA

We may disclose your Personal Information to a third party for business purposes, as described in Section 6 of the Privacy Policy above. When we disclose Personal Information for a business purpose, we enter into 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 fulfilling the contract.

  • DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE OR FOR SELLING PURPOSES

In the preceding twelve (12) months, the Company has disclosed the Personal Data listed in the table in Section 4.1 above for business purposes, which relates to the following categories of Personal Information according to the CCPA: Category A: Identifiers. Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Category D: Commercial Information Category F: Internet or other similar network activity.

  • SALES OF PERSONAL INFORMATION

In the preceding twelve (12) months Company has not sold Personal Information (“selling” under CCPA relates to any disclosure, transfer, and selling of Personal Information for monetary or other valuable consideration).

  • YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION

The CCPA provides consumers with specific rights regarding their Personal Information. Please review our User Rights Policy regarding your rights under applicable law. You may exercise any or all of your above rights in relation to your Personal Information by filling out the DSR Form and sending it to our privacy team at: privacy@nayax.com.

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