PRIVACY POLICY

ELMS is committed to respecting your privacy

 

Effective Date: 6/25/21

Last Reviewed on6/24/21


This Privacy Statement, together with all related/linked information, documents and the 
Terms of Use, describes the personal information that Electric Last Mile Solutions, Inc. (“ELMS” or “we” or “us”) collect from you or that you may provide to us when you visit our website (the “Site”), when you seek employment opportunities at ELMS, or which we gather in connection with services, products, and applications offered by ELMS. ELMS respects your privacy and is committed to protecting it.  

Key, non-exhaustive points about our information practices are summarized below, followed by comprehensive explanations of each subject.

Collection. We may collect information about you, such as identifying information (e.g., name), payment related data, current and past employment information and demographic information (for job applicants), and contact information (e.g., email address, telephone number). See additional details below.

Use. We use your information to improve the quality, safety, and security of our products and services, for marketing, including marketing tailored to your interests and preferences, and to develop a business relationship with you. See additional details below.

Sharing. We may share your information to provide you with products and services, to improve the quality, safety, and security of products and services, to comply with applicable law, to respond to your requests, and to allow recipients to use it for our marketing or other purposes, subject to your consent where required. See additional details below.

Data Security. We use reasonable administrative, technical and physical security to protect the personal information we retain. See additional details below.

Choices. You have choices regarding how we use and share your information for marketing and other purposes.  See additional details below.

Children’s Privacy. We do not target or knowingly collect any information from children under the age of 16. See additional details below.

California Privacy Rights. If you are a California resident, you have additional rights regarding your control and access to the data we collect from you. See additional details below.

Changes. We will notify you of any material changes by posting the updated version of this Privacy Statement on the Site and taking other steps as needed. See additional details below.

Contact Us. Please contact us at admin@electriclastmile.com  if you have any questions or concerns regarding our data handling practices. See additional details below.

Information We Collect About You and How We Collect It

The personal information we collect depends on how you interact with us, the products you purchase, and the choices you make. We collect personal information about you from different sources and in various ways.

Information You Provide to Us. ELMS collects information you provide directly to us on the Site, via email, and through your communications and interactions with us. This includes, but is not limited to, the following:

  • Identifying information, such as your full name, signature, driver’s license number and unique ELMS ID associated with your ELMS account.
  • Contact information, such as your home address, telephone number, and email address.
  • Payment data, such as payment type and method, and other payment or billing information if you provide it to us.
  • Preferences, such as your preferences for communication, language, and time zone.
  • Security, such as passwords, security questions, and usernames when you create an account with us.
  • For job applicants:
    • Educational and professional background, such as your work history, academic and professional qualifications, educational records, references, and interview notes.
    • Employment details, such as your current employment information, including job title, position, hire dates, and compensation, in addition to any previous employment information.
    • Demographic data, such as race, ethnic origin, marital status, disability, and veteran or military status.

Information from Other Sources. ELMS may receive information about you if you use any other websites or links affiliated with ELMS or from information you post on or submit to the Site. ELMS may also receive your information from third party marketing companies that we use to provide you with information concerning our products, service offerings and other information.

Information We Collect through Automatic Data Collection Technologies. As you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Information Automatically Collected via the Site. When you visit the Site, ELMS automatically collects certain technical information from your browser, such as the internet protocol (IP) address used to connect your computer to the internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, and other data about your visit to the Site.

 

  • Information Collected Using Cookies. Cookies are data files created when you visit a website and those files are stored locally (on your device). When visiting the Site, we may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to make your experience on the Site more personal and interactive. Information collected may include websites you visited before browsing the Site, pages you viewed on the Site, number of times you accessed the Site, how long you spent on the Site, and other web traffic data. You may be able to disable the use of Cookies (or disallow the use of Cookies on specific websites) by adjusting your web browser settings.

 

  • Information Collected Using Other Tracking Tools. In addition to, or in conjunction with Cookies, we may use other tracking tools to improve users’ experiences on the Site. For example, pixel tags (also known as clear GIFs, web bugs, or web beacons) may be used to track the online movements of users of the Site. Pixel tags and similar tools may also be used in our emails to track whether an email was read or forwarded to someone else.

 

  • Information Collected Using Web Analytics Tools. We may use Google Analytics Advertising features such as demographics and interest reporting to collect anonymized data about the gender, age, and interests of visitors to the Site. You can read Google’s security and privacy policies for Google Analytics at policies.google.com/technologies/partner-sites. You may opt out of having your data used by Google Analytics by accessing Google’s Ads Settings, Ad Settings for mobile apps, or any other available means.

    You can prevent the storage of Cookies by setting your browser software accordingly.

Disclosure of other Data. The type and/or methodology of data collection may change from time to time, and we may introduce new features or capabilities to the Site. Any such changes that apply to your information is reflected in the “Information We Collect about You and How We Collect It” section of this Privacy Statement.

Our Use of Your Personal Information

We use the information we collect in the following ways:

  • To Further an Established Business Relationship. We use collected information to facilitate and configure ELMS vehicle pre-orders or contact you as necessary to fulfill orders or reservations you have placed for ELMS products, services, test drives or events. We may also contact you to ask for your feedback about a product, service, or event.

 

  • To Send You Promotional Materials. We use your information to fulfill your requests, including, but not limited to, requests to receive promotional materials. Promotional materials may include newsletters or other information regarding ELMS contests, events, and/or products. We also use your information to share other services or products that may be of interest to you. Promotional materials may be conveyed in emails. If you no longer wish to receive these materials, you may opt out by following the opt-out instructions included in our emails, texts, or mailings, or by contacting us admin@electriclastmile.com.

 

  • To Improve Our Services. We collect information using Cookies (data files created when you visit a website), tracking tools, and/or analytic tools. We use this information to personalize your experience on the Site or with the company and/or to improve the security, design, and/or function of the Site. We may also use your information to support and develop our products and service offerings.

 

  • To Fulfill or Meet the Reason you Provided the Information. For example, if you share your name and contact information to request information or ask a question about our products or service offerings, we will use that information to respond to your inquiry. We may also save and use your information to market or promote our products and service offerings.

 

  • To Provide Customer Support. We may use your information to provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

 

  • To Maintain Safety and Security. We may use your information to help maintain the safety, security, and integrity of our products, website and services, databases and other technology assets, and business.

 

  • To Further Product Development. We may use your information for testing, research, analysis, and product development to allow us to develop and improve our products and service offerings.

 

  • To Comply with Our Legal Obligations. We may use your information if we are required to respond to a law enforcement request and as required by applicable law, court order, or governmental regulations.

 

 

  • To Communicate Employment Opportunities or Decisions. If you are a candidate for employment at ELMS, we use your information to make decisions on your potential employment, including but not limited to, contacting you for additional information, informing you of any employment decisions, or informing you of additional employment opportunities.

 

  • Other uses:
    • To present our Site and its content to you.
    • To carry out our obligations and enforce our rights arising from any contracts entered between you and us or ELMS and a third-party, including for billing and collection.
    • To notify you about changes to our Site or any products or services we offer or provide through it.
    • As described to you separately when collecting your personal information.

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 you notice.

Our Sharing of Your Personal Information

We share personal information as set forth below, including with your consent, when you direct us to share it with others, or as necessary to complete your transactions or provide the products you have requested or authorized. For example, when you provide payment data to us, we will share that data with banks and other entities as necessary for payment processing, fraud prevention, or other related financial services.

We share your information with the following parties:

  • Service Providers. With software, IT and cloud service providers we use to support our business. We may also share your information with our selected partners in order to conduct business and marketing, including conducting audits, performing industry analysis, and evaluating the results of marketing efforts.

 

  • Payment Service Providers. We share your information with our payment processors and system providers necessary to process, store, verify or manage payment card information.

 

  • Third Party Advertising. With our third-party marketing service providers and advertising companies, who may also use Cookies and other technology to collect information and track browsing activity over time and across third party websites. Other websites may refer traffic or link to our Site and deliver targeted advertisements to you. We do not control these third-party technologies, and their use is governed by the privacy policies of third parties using such technologies.
  • With Other Third Parties. We may share your information when legally required or when we deem advisable to do so, such as at the request of governmental authorities conducting an investigation or to verify or enforce compliance with policies governing the Site and applicable laws. In addition, we may disclose user information if we believe disclosure it is necessary or appropriate to protect the rights, property or safety of ELMS, or any of our respective affiliates, business partners, customers or others.

 

  • Corporate Transactions. In connection with, during, or upon completion of a merger, acquisition, asset sale, or other business transaction that involves some, or all, of ELMS’s assets. Data you have provided to ELMS may be transferred to a third party such as a successor or purchaser as part of a transaction.

We may share de-identified information with third parties for advertising, promotional, or other marketing purposes in accordance with applicable law without restriction.

Data Security

We use reasonable administrative, technical and physical security to protect the personal information we retain and to help ensure that it is used in accordance with this Privacy Statement. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Statement unless longer retention is required by law or for auditing purposes.

Should you have further questions or concerns about our security measures, please contact us by emailing admin@electriclastmile.com.

Choice and Control of Your Personal Information

You can control how your information is used in the following ways described below. For California residents, you have additional means to control your information; for additional information, see the California Privacy Rights section.

Information Request. You may request information from ELMS regarding the personal information it collects from you and how it shares your personal information with third parties. We will endeavor to provide a copy of this information in a standardized format. You may make such a request by emailing admin@electriclastmile.com.

Accessing and Correcting your Personal Information. You can review, update and request to change your personal information by contacting us at admin@electriclastmile.com where you can request access to, correct, or delete any personal information that you have provided to us. We will ask you to verify your identity before we give you access to your information or correct it. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Opting Out of Communications. Our promotional materials include instructions for opting out of receiving further communications. If you no longer wish to receive promotional emails, you may opt out by contacting us with your request at admin@electriclastmile.com.

Updating or Cancelling an Account with ELMS. If you signed up for an account with ELMS, you may update the information associated with your account at any time by contacting us at admin@electriclastmile.com. We will ask you to verify your identity before we give you access to your information or correct it.

Opting Out of Analytics Tools. You may opt out of having your data used by Google Analytics via Google’s Ads Settings, Ad Settings for mobile apps, or any other available means. Please visit policies.google.com/technologies/partner-sites for more information on how to do this.

Adjusting Cookie Settings. Most browsers accept Cookies until you change your browser settings. If you do not wish for the Site to collect your information using Cookies, you can typically disable the use of Cookies (or disallow the use of Cookies on specific websites) by changing your browser settings. However, if you remove or reject our Cookies, it could affect how the Site works for you.

Children Under the Age of 16

Our products and services are not designed or intended to collect information from children under the age of 16. ELMS does not knowingly collect or maintain any information from children under the age of 16.

California Privacy Rights

If you are a California resident, California law provides you with additional rights regarding our use of your personal information. This Privacy Notice for California Residents applies only to personal information (defined below) concerning individuals who reside in the State of California. We provide this notice in accordance with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.

Information We Collect. We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). Personal information does not include:

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

In particular, we have collected the following categories of personal information from or about consumers within the last twelve (12) months:

  • Identifiers
    • Examples: A real name, alias, postal address, unique personal identifier, online
      identifier, Internet Protocol address, email address, account name, driver’s
      license number, passport number or other similar identifiers. 
    • Collected: Yes

 

  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
    • Examples: A name, signature, Social Security number, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
    • Collected: Yes

 

  • Protected classification characteristics under California or federal law
    • Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
    • Collected: Yes

 

  • Commercial information
    • Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
    • Collected: Yes

 

  • Biometric information
    • Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
    • Collected: No

 

  • Internet or other similar network activity
    • Examples: Browsing history, information on a consumer’s interaction with a website, application, or advertisement.
    • Collected: Yes

 

  • Geolocation data
    • Examples: Physical location or movement.
    • Collected: No

 

  • Sensory data
    • Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
    • Collected: No

 

  • Professional or employment-related information
    • Examples: Current or past job history or performance evaluations.
    • Collected: Yes

 

  • Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))
    • Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
    • Collected: Yes

 

  • Inferences drawn from other personal information
    • Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
    • Collected: No

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from your vehicle pre-order or configuration activity, surveys and forms you complete or through your direct commercial, business, or current or prospective employment relationship with us.

 

  • Indirectly from you. For example, from observing your actions on our Site, from your use of any other websites affiliated with ELMS or from information you post on or submit to our Site.
  • From other sources. For example, third party marketing companies that we use to provide you with information concerning our products, service offerings and other information.

Use of Personal Information. We may use or disclose the personal information we collect as described in our Privacy Statement’s Our Use of Your Personal Information section.

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 keep that personal information confidential consistent with this Privacy Statement.

We share your personal information with the following categories of third parties:

  • With software, IT and cloud service providers we use to support our business.
  • With payment processors and system providers necessary to process, store, verify or manage payment card information.
  • With selected partners to conduct business, marketing, audits, perform industry analysis, and evaluate the results of marketing efforts.
  • With third-party marketing service providers and advertising companies who support our business who may use Cookies and other technology to collect information and track browsing activity over time and across third party websites.

For more information, please see the Our Sharing of Your Personal Information section of our Privacy Statement.

Disclosures of Personal Information for a Business Purpose. In the preceding twelve (12) months, ELMS has disclosed the following categories of personal information for a business purpose:

  • Category A: Identifiers.
  • Category B: California Customer Records personal information categories.
  • Category C: Protected classification characteristics under California or federal law.
  • Category D: Commercial Information.
  • Category F: Internet or other similar network activity.
  • Category I: Professional or employment-related information.

Sales of Personal Information. In the preceding twelve (12) months, ELMS has not sold personal information nor has it sold personal information of minors under the age of 16.

Your Rights and Choices. The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

1. Access to Specific Information and Data Portability Rights.

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • Sales, identifying the personal information categories that each category of recipient purchased; and
    • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

2. Deletion Request Rights.

You have the right to request that we delete any of your personal information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us, or our service provider(s), to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

3. Exercising Access, Data Portability, and Deletion Rights.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Emailing us at admin@electriclastmile.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us through the methods noted above. Only the consumer or authorized agent may make a verifiable consumer request related to their personal information. An “authorized agent” is a person (or a business entity registered with the California Secretary of State) that consumers have authorized to act on their behalf or an individual granted authority under a written power of attorney issued pursuant to California Probate Code sections 4000 to 4465.

If you are an authorized agent who wishes to submit a request to know, a request to delete, or a request to opt-out on behalf of another consumer, please submit to us sufficient information to allow us to verify your identity to a reasonably high degree of certainty and either:

  • Proof of authorization to submit the request, written and signed by the consumer; or
  • A power of attorney pursuant to Probate Code sections 4000 to 4465.

We may deny a request from an authorized agent who does not submit adequate proof that they have been authorized by the consumer to act on the consumer’s behalf. We may also contact the consumer directly to confirm their identity and that they provided you permission to submit the request on the consumer’s behalf.

You may only make a verifiable consumer 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.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

4. Response Timing and Format.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

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

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

California Do Not Track Disclosure. Do Not Track (“DNT”) is a privacy preference that you can set in your web browsers, which allows you to opt out of tracking by websites and online services. We do not currently recognize or respond to DNT signals. For more information about DNT, please see www.eff.org/issues/do-not-track.

California Shine the Light. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email admin@electriclastmile.com.

California Business and Professions Code Section 22581. California residents under the age of 18 who are registered users of online sites, services, or applications have a right under California Business and Professions Code Section 22581 to remove, or request and obtain removal of, content or information they have publicly posted. To remove content or information you have publicly posted, please send a detailed description of the specific content or information you wish to have removed; please see the Contact Information for California Residents’ section below. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

Contact Information for California Residents. If you have any questions or comments about this notice, the ways in which ELMS collects and uses your information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us by emailing us at admin@electriclastmile.com.


Postal Address: 1055 West Square Lake, Troy Michigan 48098

Retention of Personal Information

ELMS is a company based in the United States. The Site is controlled and operated from the United States; however, information collected about you may be collected, stored and processed anywhere we engage service providers, including outside of the United States. When we transfer and process information about you, we will protect it as described in this Privacy Statement. By using the Site and our services, you consent to the transfer of information to countries outside of your country of residence which may provide for different data protection rules than in your country.

Changes to our Privacy Statement

It is our policy to post any changes we make to our Privacy Statement on our Site. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account or through a notice on the Site home page. The date the Privacy Statement was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Privacy Statement to check for any changes. Your continued use of our Site or any products, services, or solutions following the posting of changes constitutes your acceptance of such changes.

Contact Us

If you have questions regarding this Privacy Statement or our data privacy practices, or if you believe we may have violated applicable law, please contact us by emailing us at admin@electriclastmile.com, or writing to Electric Last Mile Solutions, Inc. 1055 West Square Lake, Troy Michigan 48098

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