PRIVACY POLICY
Last Updated: April 2, 2025.
SWTCH Energy Inc. (“we”, “us”, “our”, “SWTCH”) owns and operates the website located at swtchenergy.com (“Website”) and provides the electric vehicle software and hardware solutions described on the Website (“Services”) and the SWTCH mobile application (“App” and together with Website and Services, “Offering”). This privacy policy (“Privacy Policy”) describes how we collect, use, and disclose information, including personally identifiable information about an individual (“Personal Information”), which we collect or receive via the Offering. Please read the following carefully to understand our practices regarding Personal Information of users who access and browse the Website (“Users”) and SWTCH customers who use the Offering (“Customers”). The terms “you” and “your” refer to Users and Customers.
We may change this Privacy Policy from time to time at our sole discretion. SWTCH may require you to provide consent to the updated Privacy Policy before further use of the Offering is permitted.
1. Consent. By using the Offering, you consent to the collection, use and disclosure of your Personal Information as described in this Privacy Policy. Except as set forth in this Privacy Policy, your Personal Information will not be collected, stored, used, or disclosed for any other purpose without your consent. We will not actively collect Personal Information for the purpose of sale or marketing of such Personal Information in a way that specifically identifies an individual. You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue using all or part of the Offering.
2. Privacy Practices of Customers. Customers may be property owners who provide electric vehicle (“EV”) charging services to Drivers (defined below) enabled by SWTCH (“Property Owners”), or EV drivers who enter into right of use arrangements with Property Owners for EV charging services enabled by SWTCH (“Drivers”). This Privacy Policy applies to Personal Information collected or received from Users or Customers via the Offering, including any Driver or Property Owner Personal Information (as applicable) shared with us by a Property Owner or Driver (as applicable).
If you enter into a right of use arrangement with a Driver or Property Owner (as applicable) via the Services, we may indirectly receive information (including Personal Information) about you from the applicable Customer. This Privacy Policy does not apply to such Customer’s collection, use, and disclosure of your Personal Information but any Personal Information we receive about you indirectly from a Customer will be subject to this Privacy Policy.
3. Privacy Practices of SWTCH Partners. In connection with the Services, you may enter into additional terms with our contractual partners (“SWTCH Partners”) to receive supplementary services. We may indirectly receive information (including Personal Information) about you from the applicable SWTCH Partner. This Privacy Policy does not apply to such SWTCH Partner’s collection, use, and disclosure of your Personal Information but any Personal Information we receive about you indirectly from a SWTCH Partner will be subject to this Privacy Policy.
4. Information you provide to us. We may collect Personal Information disclosed to us as follows:
a. By Submitting Information via the Website. You may choose to provide us information when you use the Website. For example, you may submit information to us on the Website by using the “Contact Us” form. We ask that you do not disclose sensitive Personal Information (including, without limitation, medical information) when you submit information to us.
b. By using the Services. We collect any Personal Information that you provide to us via the Services, including Personal Information collected when you register a Customer account to use the Services. If you are a Driver, we collect your first and last name, phone number, email address, payment method information, vehicle information (vehicle make, model, year, colour, and license plate number, collectively “Vehicle Information”), and any other Personal Information collected at the time of account registration.
c. By using Third-Party Services. We may integrate with or rely on third-party platforms, offerings, and services to provide the Services to you (“Third-Party Services”). For example, you may choose to register your SWTCH account using an integrated Third-Party Service or you may choose to contact us via social media and share Personal Information via that Third-Party Service. Any Personal Information submitted to us via Third-Party Services that we can access will be subject to this Privacy Policy, but please note that such Personal Information will also be subject to the terms of the applicable Third-Party Service.
d. By applying to work with us. If you would like to work with us and submit hiring materials to us, we collect any Personal Information you share with us in your hiring materials. If you submit hiring materials to us, we ask you to only include information relevant to the position you’re applying for, and your employment history and education, such as your resume, cover letter, transcripts, or certifications. Please note that any Personal Information you submit through a Third-Party Service or recruiter in connection with a SWTCH hiring process will be subject to the privacy practices of those entities. If you are a current SWTCH employee and would like more information about how we collect, use, and disclose your Personal Information, please contact us per Section 13 below.
5. Personal Information we collect when you use the Offering. When you use the Offering, SWTCH may collect certain information through technologies such as cookies and other automatic data collection technologies, as follows:
a. Cookies. When you use the Offering, SWTCH may collect certain information through technologies such as cookies and other automatic data collection technologies (“Cookies”). Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a website. Information gathered through cookies may include information such as the date and time of visits, the pages viewed, IP addresses, links to/from any page, and time spent at a site. We use cookie data to generate aggregate statistics about usage, such as how long Users and/or Customers spend using the Services, and what parts or pages of the Website are viewed most often, to gauge activity on the Services, to improve and enhance the functionality of the Offering, to look for possible fraudulent activity, and to better understand the sources of traffic and transactions. You may opt out of Cookies or prevent third-party websites from accessing our Cookies by adjusting your privacy settings on your browser. However, opting out of Cookies may disable some features of the Offering and may prevent us from providing you with the information and services you have requested.
b. Device Information. When you use the Offering, SWTCH may collect information about your device (“Device Information”). Some Device Information, such as unique device identifiers, may constitute Personal Information. Furthermore, through certain aspects of the Services, we may receive Device Information which discloses your location, such as your geo-location data. The Personal Information we collect from Device Information can depend on the individual settings of your device and software that you use to access the Offering. We recommend checking the policies of your device manufacturer or software provider to learn what Device Information may be shared with SWTCH. You may disable the sharing of Device Information, but doing so may disable some features of the Services and may prevent us from providing you with the information and services you have requested.
6. How We Use Information We Collect. We use Personal Information in the following ways:
a. To authenticate and onboard you (including, without limitation, verification of your eligibility to use the Services via Third-Party Services) and provide you access to the Services;
b. To provide, maintain, improve, and enhance the Offering;
c. To develop new products, features, and services;
d. To communicate with you, provide you with updates and other information relating to the Offering, provide information that you request, respond to comments and questions, and otherwise provide customer support;
e. For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable, or otherwise of interest to you, where you have subscribed to receive them;
f. To find and prevent fraud, and respond to trust and safety issues that may arise;
g. For compliance purposes, as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and
h. For other purposes for which we provide notice at the time the information is collected.
7. Who We Share Your Information With. In connection with our provision of the Offering, your Personal Information may be shared with Third-Party Services for the purpose of enabling them to provide their services, including IT, web hosting, cloud services, database providers, and analytics service providers. We may share your Personal Information with selected business partners, agents, contractors, affiliates, and related entities while performing our contractual obligations.
We have put in place contractual and other organizational safeguards with such third parties to protect your Personal Information from unauthorized uses and disclosures. Such third parties have limited access to Personal Information solely for the purposes described herein, and they will be subject to contractual restrictions prohibiting them from using such Personal Information for any other purpose.
In addition, we may disclose your Personal Information to third parties:
a. In connection with a corporate re-organization, a merger or amalgamation with another entity, or a sale of all or a substantial portion of our assets or shares, including any due diligence exercise carried out in relation to the same, provided that the Personal Information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the Personal Information;
b. If we have reason to believe that disclosing this Personal Information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Users or Customers, or anyone else (including the rights or property of anyone else) that could be harmed by such activities; or
c. If we believe in good faith that such disclosure is required by and in accordance with the law.
Note to Customers: If you enter into a right of use arrangement with a Driver or Property Owner (as applicable) via the Services, SWTCH may share some of your Personal Information with the corresponding Driver or Property Owner (as applicable) to enable the Services for both parties. For example, if you are a Driver, we share your name, and Vehicle Information with the Property Owner with whom you wish to enter into a right of use arrangement. If you have contracted with a SWTCH Provider, SWTCH may share some of your Personal Information with the corresponding SWTCH Provider to enable your receipt of Services and SWTCH Provider services.
8. Children’s Privacy. SWTCH will not knowingly request or collect Personal Information from any child under the age of 13. If a child under 13 submits Personal Information to SWTCH and we learn that such information is of a child under 13, we will delete the information as soon as possible. If you believe that we might have any Personal Information from a child under 13, please contact us per Section 13 below.
9. Third Parties. The Platform may contain links to third-party websites, products, or services (via Third-Party Services or otherwise) that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to the collection, storage, use, and sharing of your Personal Information by such third parties.
10. Data Retention and Deletion. We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. All retained Personal Information will remain subject to the terms of this Privacy Policy. You have the right to ask us to remove your Personal Information from our databases, and we will do so to the best of our ability, but it may not be possible to completely delete all of your Personal Information due to technological and legal constraints (for example, when your Personal Information pertains to another User or Customer).
11. Access and Accuracy. You may access the Personal Information we hold about you to verify accuracy of your Personal Information, to have a general account of our uses of your Personal Information, and to correct your Personal Information as appropriate. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant Personal Information available to you (for example, where that Personal Information also pertains to another User or Customer). In such circumstances, we will provide reasons for the denial to you upon request. We will make every reasonable effort to keep your Personal Information accurate, and to respond to your request in a timely manner.
12. Security. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff and third parties as reasonably necessary to carry out the stated purposes we have communicated to you.
Our servers and those of third parties who may receive your Personal Information may be located outside of Canada. Accordingly, your Personal Information may be available to foreign governments or their agencies under a lawful order, irrespective of the safeguards we have put in place for the protection of your Personal Information.
13. Contact Us. If you have any questions, suggestions, or complaints about this Privacy Policy or any of our privacy-related practices, please contact our Privacy Officer per the information below:
a. Via email: Email us at legal@swtchenergy.com.
b. Via mail: mail us correspondence at: 7 Queen Elizabeth Blvd, Etobicoke, ON M8Z 1L8