American Battery Solutions Privacy Statement

Purpose

This American Battery Solutions (“ABS”) privacy policy describes the types of personal information that ABS collect, use, disclose and otherwise process, as well as the rights and choices individuals have regarding such personal information. If you are a California resident, please review the California Privacy Notice for information about the categories of personal information we collect and use and your rights under California privacy laws regarding such. If you are a European or UK resident, please review the Europe and UK Privacy Notice for information about the categories of personal information we collect and use and your rights under Europe and UK privacy laws.

Scope

This Policy applies to personal information we collect, use and process related to our Services (as defined below) and our current, former and prospective customers, end-users, dealers, distributors, vendors and partners, as well as other individuals that communicate with us or otherwise engage with us related to our Services (collectively “you,” “your”). In this Policy, the term ”Services” includes:

  • Our websites, including www.AmericanBatterySolutions.com (each a “Site” and collectively the “Sites”), mobile and desktop applications (each an “App”) as well as other online services made available via the Sites, App, or similar platforms and tools that link to this Policy;
  • Our e-mail, text, chat and other communications with you;
  • Your interactions with our advertising and applications on our Services and on third-party websites and services, if those link to this Policy;
  • Events and trainings that we provide, host, administer, or sponsor (including if you register, participate, or attend such);
  • Contests, sweepstakes and other promotions, as well as surveys and research, conducted or sponsored by us (including if you participate in and we respond, or fulfill our obligations regarding such);
  • Newsletters, reminders and updates, and other information and marketing communications that we send to you (including promotional e-mails).

This Policy does not apply to the personal information that we collect and process about our employees and other personnel, or personal information collected by third party websites and services that collect the information for their own commercial purposes under their own privacy notice.

Additional Notices: We may provide you with additional or supplemental privacy notices and disclosures (each an “Additional Notice”) which will apply to certain personal data collected and processed by us.

Generally, these clarify our privacy practices in for specific services and provide you with additional information about certain data processing activities. To the extent there is a conflict with this Policy, the relevant Additional Notice will control with respect to the personal information subject to that Additional Notice.

Please read this Policy carefully to understand our privacy practices regarding your personal information and how we will treat it. If you do not agree with our practices, do not use our Services or provide information to ABS. By accessing or using our Services or otherwise engaging with us on or offline, you agree to the terms of this Policy.

Your use of our Services, and any dispute over privacy, is subject to this Policy, as well as any applicable ABS terms and conditions and any waiver, release or other agreement between you and ABS related to our Services, including their applicable limitations on damages and the resolution of disputes (collectively, the “Terms”).

Children's Privacy

Our websites are not directed to children under the age of thirteen and we do not knowingly collect information from children under the age of thirteen on our Services. If we become aware that we have inadvertently received information from a child under the age of thirteen, we will take steps to delete the information from our records. If you’re a parent and you believe we have collected your child’s information, please contact us as set forth below under the  ‘Contact Us’ section.

Personal information collected about you and how we collect it

As further described below, we collect personal information from you directly as well as from third parties and automatically related to your use of our Services or other interactions you may have with us. You are generally not obligated to provide us with your personal information. In such case, however, you may not be able to use our Services or enter into or maintain an agreement or subscription with us. Also, in some cases (such as where required by law), we ask for your consent or give you certain choices prior to collecting or using certain personal information.

  • Personal Information Collected Directly: The types of personal information we collect from you directly, depend upon how you use our Services or otherwise interact or engage with us, but generally includes information, such as:
  • Contact information: CertainBusiness-to-Business (“B2B”) contact data from our customers, end-users, distributors, dealers, partners, and vendors, such as your first name, last name, postal address, e-mail address, telephone number, B2B contact information about your employer, such as company name, business address and other relevant information.
  • Company information: Information about your work-related activities, such as your job title, industry and sector, or preferences.
  • Communications, feedback and interactions: Information you provide, when you email, call, chat, or otherwise communicate with us, such as by calling customer service, communicating with us via chat, filling in forms or dialog boxes on our Services, subscribing to our services, posting material, initiating a business transaction, requesting a quote, reviewing or querying our online catalogs, or requesting other services, or when you report a problem with our Services. When you engage in any such communications, including with members of our team, we collect and maintain a record of your contact details, communications and our responses. We also collect and maintain records of communications and information that you post on the Sites or otherwise provide to us via chat sessions, our customer or dealer forums, as well as on our social media channels, and information you provide to us related to any customer support requests. We also collect information that you provide to us as feedback or submit to us through surveys, reviews, or other interactive features.
  • Programs, Events and other requests: We also collect personal information related to your participation in our learning, training, and other programs and events, materials you view or download, as well as other requests that you submit to us related to our Services. When you fill out a ‘Contact Us’ form, signup for our mailing lists, or otherwise request information from us, we collect and maintain records of your requests and related responses.

Personal Information from Other Sources

We may collect personal information about you from third party sources, such as public databases, joint marketing partners, social media platforms or other third parties.

  • We may receive lead and prospect information from third parties, about prospective customers that may be interested in our Services. We may also engage with third parties to enhance or update our customer information and enhance our customer profiles.
  • If you post information about us or engage with us on third party platforms, we may collect personal information about you from that third party platform or account. These third-party platforms and services control the information they collect and share about you. For information about how they may use and disclose your information, including any information you make public, please consult their respective privacy policies.

Personal Information We Derive or Collect Automatically

Subject to and in accordance with applicable law, we automatically collect personal information related to your use of our Services and interactions with us and others, including information we collect automatically (e.g., using cookies and pixel tags), and we may we derive information about you and your use of the Services, including:

  • Device and Browsing information: We use cookies, log files, pixel tags and other tracking technologies to automatically collect information when users access or use our Sites or other Services online, such as IP address, general location information, domain name, page views, a date/time stamp, browser type, device type, device ID, Internet service provider, referring and exiting URLs, operating system, language, clickstream data, and similar device and usage information. For more information, see the ‘Cookies, analytics and other tracking and targeting technologies’ section below and refer to our Cookie Policy .
  • Activities and Usage: We also collect activity information related to your use of the Services, such as information about the links clicked, searches, features used, items viewed, time spent within the Services.
  • Location information: We may collect or derive general location information about you, such as through your IP address.  Subject to and as permitted by applicable law, with your permission we may also collect precise geolocation (e.g., to locate your equipment or provide you with fleet and machine monitoring services, or other location-based services).

The cookie and tracking information we collect helps us, among other things, to improve our Services and to deliver a better and more personalized service by enabling us, amongst other things, to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Services according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our websites and Services.

Purposes of collection and processing of your personal information

We generally collect, use, and otherwise process the personal information that we collect about you or that you provide to us for the following purposes:

Providing Services and Support: To provide and operate our Services, communicate with you about your use of the Services, provide troubleshooting and technical support, respond to your inquiries, provide customer product maintenance and support services, fulfill your orders and requests, register and manage your warranty, communicate with you, and for similar service and support purposes. We may, subject to an as permitted by applicable law, use certain artificial intelligence (“AI”) tools and services, which are provided by third party vendors., which may access and process this information on our behalf

Analytics and Improvement: To better understand how users access and use the Services, and our other products and offerings, and for other research and analytical purposes, such as to evaluate and improve our services and business operations, to develop services and features, and for internal quality control and training purposes, including through use of certain artificial intelligence (AI) tools and services (subject to and as permitted by applicable law), which are provided by third party service providers, which may access and process this information on our behalf.

Marketing and Advertising: For marketing and advertising purposes, such as to send you information about our Services, such as offers, promotions, newsletters and other marketing content, as well as any other information that you sign up to receive. We also may use certain information we collect to manage and improve our advertising campaigns so that we can better reach people with relevant content. If you do not want us to use your information in this way, please use the unsubscribe methods provided in our communications to you.

Research and Surveys: To administer surveys and questionnaires, such as for market research or member satisfaction purposes.

Security and Protection of rights: To protect theServices and our business operations; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of the Terms or this Policy.

Complying with legal obligations and responding to legal process: To comply with the law and our legal obligations, to respond to legal process and related to legal proceedings.  

Otherwise: Otherwise with your permission or as permitted under applicable law. Under certain circumstances we may ask for your consent to collect, use or disclose personal information, except in specific circumstances where collection, use or disclosure without consent is authorized or required by law.

Disclosure of your personal information

Subject to applicable law, we may use and disclose aggregated or de-identified information about our users, and information that does not identify any specific individual, without restriction.

In order to provide and improve our Services, respond to your requests, and for the purposes described above, we may disclose information, including personal information to others, including:

  • ABS group: We may disclose personal information we collect to our parent organization, subsidiaries and affiliates who will use and disclose this personal information in accordance with the principles of this Policy.
  • Vendors and Service providers: We may disclose personal information we collect to our contractors, service providers and others who perform functions on our behalf. These may include, for example, IT service providers, help desk, analytics providers, consultants, auditors and legal counsel.
  • ABS authorized dealers and distributors: Subject to your consent or where you direct us to do so (including as part of providing our machine monitoring and fleet services) or as permitted by law, we may share certain personal information about you with our authorized dealers and distributors, so that these can better assist and support you, such as when you purchase ABS products, inform you about ABS products or services you may be interested in.  Please note that our authorized dealers and distributors may provide you with separate or complementing services, which are subject to that dealer and distributor’s separate terms and privacy practices, not this Policy.  
  • Marketing, analytics, advertising and campaign management: We may disclose certain information that includes personal information to third-party ad network providers, sponsors and/or traffic measurement services, who may use this data to improve and measure the effectiveness of our ads and those of third parties. For more information, see the ‘Cookies, analytics and other tracking and targeting technologies‘ section below.
  • Third party providers and organizations: We may disclose or make available personal information to third party providers and organizations that we use to provide or make available certain features or portions of the Services, or as necessary to respond to your requests.  We also share your registration data with the platform partners we work with for their operation of our agreement with them.
  • In support of business transfers: To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ABS’ or our affiliates’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. We may also share certain personal information as necessary prior to the completion of such a transfer, such as to lenders, auditors, and third-party advisors, including attorneys and consultants, as part of due diligence or as necessary to plan for the transfer.
  • Otherwise with your consent or as directed by you.

We may also disclose your information, including personal information

Compliance, governance and legal requirements: We may also disclose personal information to third parties to comply with any court order, law or legal process, including responding to any government or regulatory request. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements. This may include regulators, government entities, and law enforcement as required by law or legal process.

Enforcing our Terms and agreements: To enforce or apply our terms of use and other agreements, including for billing and collection purposes.

Security and Protection of rights: We may disclose personal information to others where we believe disclosure is necessary or appropriate to protect the Services, rights, property, or safety of ABS, our affiliates, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. For example, we may disclose personal information in order to (i) prevent, detect, investigate and respond to fraud, unauthorized activities and access, illegal activities, and misuse of the Services, (ii) situations involving potential threats to the health, safety or legal rights of any person or third party, or (iii) enforce, and detect, investigate and take action in response to violations of, our Terms of Service. We may also disclose information, including personal information, related to litigation and other legal claims or proceedings in which we are involved, as well as for our internal accounting, auditing, compliance, record keeping, and legal functions.

Cookies, analytics and other tracking and targeting technologies

Cookies: Subject to applicable law, we and our third-party providers use cookies, pixels, tags, scripts, log files, and other tools (collectively “cookies”) to automatically collect browsing, activity, device, usage and similar information within our Services. We and these third parties may use cookies alone or in conjunction with other tracking technologies to collect information about our users and the Services in accordance with the ABS Cookie Policy.

Third-Party analytics and tools: We use third party tools, such as Google Analytics, which are operated by third party companies. These third-party analytics companies may collect usage data (using cookies, pixels and similar tools) about our Services in order to provide us with reports and metrics that help us to evaluate usage of our Services and improve performance and user experiences. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Targeted advertising: As noted, we work with third parties, to manage our advertising on third-party sites, mobile apps and online services. We may share certain information with these third-party ad companies, and we and them may use cookies, pixels tags, and other tools to collect usage and browsing information within our Services, as well as on third-party sites, apps and services, such as IP address, location information, device ID, cookie and advertising IDs, and other identifiers, as well as browsing information.We and these third-party ad companies use this information to provide you more relevant ads and content on third-party sites, apps and platforms and to evaluate the success of such ads and content.

Social media: Our Sites and mobile applications may include social media features, such as YouTube and LinkedIn. These features may collect electronic and other internet activity information, such as your IP address and the page(s) you visit on our Sites or mobile applications. These features may set a cookie or utilize other tracking technologies to accomplish this. Social media features and widgets are hosted by a third party and your interactions with those features are governed by the privacy policies of the companies that provide them.

Browser settings and controls: If you wish to prevent cookies from tracking your activity on our Site or visits across multiple websites, you can set your browser to block certain cookies or notify you when a cookie is set. The Help portion of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site and Services who disable cookies will be able to browse the Site, but some features may not function.

Further information about cookies and trackers, including those of third-parties we may use, and the choices you have regarding such can be found in our Cookie Policy.

Your Privacy Choices

We provide you with certain choices regarding the personal information you provide to us.

  • Marketing communications: You can opt out of receiving direct marketing emails from us at any time by using the unsubscribe link in the footer of each marketing email we send to you.

Subject to the limitations set forth under applicable privacy laws, you may also submit a request to access (and where applicable receive a copy of), delete or correct/update your personal information, or exercise a privacy right under applicable law, here. To the extent our data processing relies on your consent, you may – subject to applicable law, withdraw your consent with effect for the future.

Residents of certain jurisdictions may have additional rights, as set forth below, in the ‘Additional Information for Individuals in Certain Jurisdictions’ section. Further, if you are a California resident, please review the California Privacy Statement for specific information about your California privacy rights and how to exercise them.

For more information about our privacy practices and your privacy choices, you may contact us.

Storage and security

We have implemented reasonable, but not infallible, security measures designed to help secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we take reasonable steps to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

Please note that we use cloud-based services to store information in the following jurisdictions: Canada, the European Union, the UK and the United States. Where personal information is stored or processed outside of the jurisdiction where you live, it is subject to the laws of that foreign jurisdiction, and may be accessible to that jurisdiction’s governments, courts, law enforcement, or regulatory agencies.

Changes to this Policy

This Policy is current as of the LastUpdated date set forth above and may change from time to time. We will post any updates to this Policy within the Services, including this Site, so please be sure to check back periodically to check for updates.  If we make material changes to how we collect, use and disclose the personal information we have previously collected about you, we will endeavor to provide you with prior notice, such as by emailing you or posting prominent notice on this Site or within the Services. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.