PRIVACY AND COOKIE POLICY

Merge Electric Fleet Solutions (“Merge”) respects the privacy of others. This Privacy and Cookie Policy (this “Privacy Policy”) is intended to explain Merge’s privacy practices with respect to the website(s) that links to this Privacy Policy (together with its respective pages and features, the “Site”). This Privacy Policy is also intended to provide you (together with any person helping you visit, access, register with or use any of those online or digital properties, products or services, “you” or “your”) with an overview of the following:

This Privacy Policy applies to information collected through the Site. Carefully read this Privacy Policy in its entirety.

You are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as Merge’s Terms and Conditions, whenever you create, register with or log into an account on or through the Site. Similarly, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as Merge’s Terms and Conditions, whenever you visit, access, register with, subscribe to or use the Site or any services provided by Merge on the Site; and your continuing visit, access, registration with, subscription to or use of any of the forgoing reaffirms your acceptance and agreement in each instance.

As used herein, the term “personal information” means information that relates to an identified or an identifiable individual (e.g., your name, physical address, telephone number, email address, social security number); and the term “non-personal information” means any information other than personal information that Merge may collect from you, such as anonymized data.

1. A Special Note About Minors.

The Site is a general audience website intended for use by adults. The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. Merge does not collect personal information through the Site from any person it actually knows to be under thirteen (13) years of age. If Merge obtains actual knowledge that it has collected personal information through the Site from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.

Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that Merge remove content or information about you that is posted on the Site. Please submit any such request (“Request for Removal of Minor Information”) to info@mergefleet.com, with a subject line of “Removal of Minor Information.”

For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body:

Merge is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.

Please note that the aforementioned removal does not ensure complete or comprehensive removal of such content or information posted on the Site.

Also, please note that Merge is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires Merge to maintain the content or information; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when Merge anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.

The foregoing is a description of Merge’s voluntary practices concerning the collection of personal information through the Site from certain minors, and is not intended to be an admission that Merge is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

2. Categories of Information Collected.

Merge may collect personal and non-personal information about you through the Site. Depending upon your use of the Site, the categories of such information might include:

3. HOW INFORMATION IS COLLECTED.

Depending upon your use of the Site, Merge might collect personal and non-personal information from you when you visit, access, register with, subscribe to or use the Site; when you register for, subscribe to, order or purchase any products and/or services on, through or in relation to the Site; when you “sign in,” “log in,” or the like to the Site; when you allow the Site to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Site) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Merge asks you for such information, such as, for example, when you process a payment through the Site, or when you answer an online survey or questionnaire.

In addition, if you or a third party sends Merge a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site, then Merge may collect any personal or non-personal information provided therein or therewith.

Finally, Merge might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:

Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Site might not function properly.

By visiting, accessing, registering with or using the Site, you acknowledge and agree in each instance that you are giving Merge permission to monitor or otherwise track your activities on the Site, and that Merge may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.

4. USE OF INFORMATION COLLECTED.

Merge may use the personal and/or non-personal information it collects from you through the Site in a variety of ways, such as, for example, to:

Merge reserves the right to use your personal and non-personal information when:

5. Sharing of Information Collected.

Merge may share your personal information with the following:

Merge also reserves the right to share your personal information with third parties in connection with or as a result of any potential or actual merger, acquisition or other event involving a change in ownership or control of Merge or Merge’s business (whether by sale of assets, merger, stock purchase or otherwise).

Merge does not limit the ways in which it might use or share non-personal information – and Merge reserves the unencumbered right, but not the obligation, to use or share non-personal information – because non-personal information does not identify you. For example, Merge may freely share non-personal information with its parent, subsidiary and affiliated companies, its vendors, its suppliers, its representatives and other individuals, businesses and government entities.

You may choose to share certain information and/or follow other users on the Site. You may choose to share your contact information with other users or provide it publicly.

6. DATA RETENTION.

Merge may retain your personal information and non-personal information for as long as it is reasonably necessary for a legitimate business purpose. Merge may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by both you and Merge concerning the same or as required by law.

7. THIRD PARTIES AND THEIR APPLICATIONS AND NETWORKS.

The Site and/or any communications sent through or as a function of the Site might contain links to third-party websites, networks, platforms, servers and/or applications. Third-party websites, networks, platforms, servers and/or applications might also contain links to the Site.

In addition, you might have the opportunity to access the Site using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which might be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications. Merge might also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications).

Moreover, Merge might permit third parties to use their own tracking, data aggregation and/or data analysis technologies like the ones described above (e.g., third-party cookies).

You should carefully review the relevant terms of use and privacy policies associated with third party websites, networks, platforms, servers and applications.

8. SECURITY.

Merge implements security measures to help protect the personal information it collects through the Site. For example, Merge encrypts the transmission of information through the Site by using secure socket layer (SSL) technology.

9. Retention, Review, and Change of Information Collected.

You may request at any time that Merge provide you with an opportunity to review and change your personal information collected through the Site, if any, or to no longer use your personal information to provide you with any products or services. Please submit any such request (“Request Concerning Personal Information”) to info@mergefleet.com, with a subject line of “Your Personal Information.”

For each Request Concerning Personal Information, please state “Your Personal Information” in the email or letter subject line, and clearly state the following in the body:

Merge is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled or incorrectly sent. You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

10. California Privacy Rights.

Merge is not subject to regulation under the California Consumer Privacy Act of 2018 (“CCPA”). Therefore, even if you are a California resident and Merge may have personal information about you that is the type of the information subject to the CCPA, the CCPA is not applicable to Merge or to our relationship with you. However, if you are a resident of the State of California and Merge has an established business relationship with you, then, pursuant to Section 1798.83 of the California Civil Code, you have the right to request the following at any time: (a) information from Merge free of charge regarding the manner in which Merge shares certain personal information collected through the Site with third parties who use such information for direct marketing purposes; and (b) the discontinuation (or opt-out) of Merge’s sharing of such information with such third parties. Please submit any such request (“California Privacy Rights Request”) to any one of the following:

By mail: Merge Electric Fleet Solutions, 3200 Kirby Dr., Ste. 800, Houston, TX 77098, with a subject line of “Your California Privacy Rights.”

By email: info@mergefleet.com with a subject line of “Your California Privacy Rights.”

For each California Privacy Rights Request, please state “Your California Privacy Rights” in the email or letter subject line, and clearly state the following in the body:

If you send a California Privacy Rights Request by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking. Merge will not accept a California Privacy Rights Request via telephone or fax; and is not responsible for a California Privacy Rights Request that is incomplete, incorrectly labeled or incorrectly sent.

You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

11. Users located in countries other than the united states.

We are headquartered in the United States of America and all our servers are located in the United States. For that reason, any personal information you provide to us will be accessed by us or transferred to us in the United States. By providing us with personal information, you consent to the storage or processing of your personal information in the United States and acknowledge that the personal information will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your personal information.

We will protect the privacy and security of personal information according to this Privacy Policy, regardless of where it is processed or stored.

12. ONLINE TRACKING.

Merge does not respond to “do not track” (DNT) signals.

13. Modifications of this Privacy Policy.

We regularly review and revise our Privacy Policy. We make changes to the Privacy Policy available on this page and note that the policy has been updated. If we make material changes to how we treat your personal information, we will notify you by email to the primary email address specified in your account and through a notice on our home page.

14. Severability.

If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.

15. Contact Us.

Please direct any questions you may have about this Privacy Policy to info@mergefleet.com, with a subject line of “Privacy Policy.” The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.

16. Mergers, acquisitions, and other business transactions.

Merge may decide to sell, buy, merge or otherwise reorganize its business. If that occurs, you will be notified by email or a prominent notice on our webpage of any ownership change and any change in the use of your personal information. These types of transactions may involve the disclosure of personal information to prospective or actual purchasers, or receiving it from sellers. We seek appropriate protection for personal information in these types of transactions.

17. Modification Date.

This Privacy Policy was last modified on April 27, 2021.