ELLAVATE WAGON PRIVACY AGREEMENT

This Data Privacy Agreement is meant to provide a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and retention of personal data when you use our products and services, mobile applications, and websites (the “Site”) such as [ellvatewagon.com], or otherwise interact with Ellavate Wagon (“Ellavate”).  This Agreement also provides information regarding the privacy right regarding your personal data and how to exercise your rights.  

Collection of Personal Information

By executing this Agreement, you acknowledge that Ellavate may collect personal data about you from different sources and in various ways, including: 

1. Directly, through your relationship with us, such as when you provide data to us directly on the site, via email, or through your online or offline, in-person, or telephonic interactions with us. 
   
   
2. Indirectly, from your use of our mobile application 
   
   
3. From third-party sources, such as representatives of business customers,business partners, service providers, business information and research companies, and public sources, including public forums and social media or networking sites.  

Text Messages, Emails, Notifications, and Telephone Calls

By executing this Agreement, you acknowledge that by providing your wireless telephone number(s) now or in the future, you consent to being contacted at those numbers or addresses using pre recorded artificial voice messages and/or automatic telephone dial devices with non-marketing information about your wagon, such as updates, replacement parts, etc.  You understand and agree that by providing your wireless telephone number you are consenting to receive calls or texts at that number.  You also consent to receiving emails to any email address(es) you provide.  You further understand and agree that these communications may contain your non-public information.  You explicitly confirm that this consent covers the use of these contact methods to call or send text messages to the wireless telephone number(s) and to send text or email messages to the email address(es) you provide, for which you may incur a charge.  Separately, we may seek your prior express written consent for marketing text messages or telephone calls.  For all communications, you can control permission for calls, texts, or push notifications by contacting customer service at [support@ellavatewagon.com].

Privacy Policy 

1. Ellavate shall not share, sell or rent your personal information to anyone, for any reason, at any time, as the terms “sell” and “share” are defined by applicable privacy regulations.  Ellavate shall use and disclose your personal information only as follows: 
   
   
2. To analyze usage and improve its products, 
   
   
3. To deliver to you any administrative notices, alerts and communications relevant to your use of Ellavate products, 
   
   
4. To fulfill your requests for certain products and services,
   
   
5. To deliver to you any requested marketing materials, and 
   
   
6. For market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity.  
   
   
7. Notwithstanding the foregoing, Ellavate reserves the right (and you authorize Ellavate) to share or disclose your personal information when Ellavate determines, in its sole discretion, that the disclosure of such information is necessary or appropriate:
   
   
8. To enforce our rights against you or in connection with a breach by you of the Deposit Agreement incorporated herein, 
   
   
9. To prevent prohibited or illegal activities, or 
   
   
10. When required by any applicable law, rule regulation, subpoena or other legal process.

Ellavate’s Usage of Your Data

1. When Ellavate uses data to improve and develop features, products, and services, we take steps to minimize the data collected and apply privacy-enhancing techniques, such as de-identification or pseudonymization, so the data is not directly associated with you or your vehicle.  Where we conduct such activities on an identifiable basis, we do so with your consent, consistent with reasonable consumer expectations, or where there are compelling and legitimate interests for such processing (e.g., improving our wagons or other products, or public safety related to same).  This approach to product improvement and development applies across all of our products and services.  
   
   
2. Ellavate will typically collect and use the personal data it collects from you based on the following legal grounds:
   
   
3. Consent: You have given consent to the processing of your personal data for one or more specific purposes, e.g., to enable any current or future product features which must process sensitive personal data to work properly, or to record (support) phone calls.
   
   
4. Performance of a Contract: The processing of your personal data is necessary for the performance of a contract or to take steps to enter into a contract or to take steps to enter into a contract with you, e.g., providing software upgrades or wagon repair services.  
   
   
5. Compliance with our Legal Obligations: The processing of your personal data is necessary for compliance with our legal obligations, e.g., to respond to a law enforcement request as required by applicable law, subpoena, court order, or governmental regulations, comply with statutory obligations for record keeping, for mandatory incident, or for other governmental reporting.
   
   
6. Legitimate Interests: The processing of your personal data is necessary for the purposes of our legitimate interests or for the purposes of the legitimate interests of a third party which are not overridden by your interests or fundamental rights and freedoms which require protection of personal data.  We may, for example, have a legitimate interest to communicate with our customers to improve our wagons’ features.  We may also have a legitimate interest to communicate with our customers to investigate an accident, or a defect allegation.  We may also have a legitimate interest to collect data on user behavior and usage, as well as operation and performance data.  

Ellavate’s Retention of Your Data

1. Except as otherwise permitted or required by applicable law or regulation, we will retain your personal data only as long as necessary to fulfill the purposes for which we collected it, as required to satisfy any legal, accounting, or reporting requirements, as necessary to resolve disputes, or as otherwise requested by you.  In some cases, we may only process the personal data, and neither store nor retain it.  
   
   
2. To determine the appropriate retention period for personal data, we consider our legal obligations, the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means.  This duration varies based on data type and use, but we have recorded the durations in our internal records and information management policy and schedule. 
   
   
3. Under some circumstances we may anonymize or reasonably de-identify your personal data so that it can no longer be reasonably associated with or used to identify you.  We reserve the right to retain and use such information for any legitimate business purpose without further notice to you or your consent, unless required by law.  

Ellavate’s Digital Security Measures 

1. Ellavate has in place appropriate security measures intended to prevent your personal data from being accidentally lost or used or accessed in an unauthorized way, including encryption of this information in transit and at rest and the implementation of controls designed to limit access to your personal data to those Ellavate personnel who have a genuine business need to know it.  Those Ellavate personnel who process your personal data are required to do so only in an authorized manner and are subject to confidentiality. 
   
   
2. Ellavate also has procedures in place to deal with any suspected data security break.  We will notify you and/or any applicable regulator of a suspected data security breach where we are legally required to do so in accordance with any legally prescribed timeframes.  
   
   
3. Despite our implementation of these measures, posting or transmission of personal data via the internet, by email, or by other electronic means is not completely secure.  We cannot guarantee that personal data that is transmitted to us, particularly by electronic means will be totally secure.  It is possible that third parties may unlawfully intercept or access such data.  
   
   
4. Colorado Privacy Rights. The Colorado Privacy Act (CPA) grants Colorado residents rights to access, correct, delete, and opt out of personal data processing. This includes opting out of targeted advertising, the sale of personal data, and profiling decisions that produce legal or other significant effects. Additionally, Ellavate must obtain your consent to process sensitive personal data categories. To exercise these rights, contact us at [ support@ellavatewagon.com].
   
   
5. Virginia Privacy Rights. Under the Virginia Consumer Data Protection Act (VCDPA), Virginia residents have the right to access, correct, delete, and obtain a copy of their personal data. You also have the right to opt out of the sale of personal data, targeted advertising, and profiling activities with legal or similarly significant effects. If you would like to exercise any of these rights, please contact us at [ support@ellavatewagon.com].
   
   
6. California Privacy Rights. If you are a California consumer, you have additional privacy rights under the California Consumer Privacy Act, as amended (“CCPA”). You are entitled to exercise these rights free from retaliation as prohibited by the CCPA. To exercise your California privacy rights, please contact us at [ support@ellavatewagon.com].

Depending on your location and applicable laws and regulations, you may have additional data privacy rights regarding Ellavate’s processing of your personal data. Based on the legal requirements applicable to your jurisdiction, and subject to any legal restrictions or exceptions, you may have the following rights:

Data Privacy Rights

To exercise the above choices, please contact Ellavate Customer Service at [ support@ellavatewagon.com].

Text/SMS Messages. You may opt out of receiving text messages from us by following the instructions in the text message you have received from us or by contacting us. Note that you may still receive communications from Ellavate regarding safety issues, including recall notifications, even if you have opted out.

Email and Telephone Communications. If you receive an unwanted email from us, you can use the link found at the bottom of the email to stop receiving future emails. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding us and our services, and you will not be able to opt-out of those communications (e.g., communications regarding our services or updates to our Terms, your Deposit Agreement, or this Agreement). We process requests to be placed on do-not-mail, do-not-phone, and do-not-contact lists as required by applicable law.

In addition to any privacy choices identified for an Ellavate product or service, you may have additional privacy choices about your personal data. These choices are determined by applicable law and are described below.

Your Privacy Choices and Rights

In addition to any privacy choices identified for an Ellavate product or service, you may have additional privacy choices about your personal data.  These choices are determined by applicable law and are described below.  

1. Email and Telephone Communications.  If you receive an unwanted email from us, you can use the link found at the bottom of the email to stop receiving future emails.  Note that you will continue to receive transaction-related emails regarding products or services you have requested.  We may also send you certain non-promotional communications regarding us and our services, and you will not be able to opt-out of those communications (e.g., communications regarding our services or updates to our Terms, your Deposit Agreement, or this Agreement.  We process requests to be placed on do-not-mail, do-not-phone, and do-not-contact lists as required by applicable law.  
   
   
2. Text/SMS Messages.  You may opt out of receiving text messages from us by following the instructions in the text message you have received from us or by contacting us.  Note that you still may receive communications from Ellavate regarding safety issues, including recall notifications, even if you have opted out.  

To exercise the above choices, please contact Ellavate Customer Service at [ support@ellavatewagon.com]. 

1. Data Privacy Rights.  Depending on your location and applicable laws and regulations, you may also have data privacy rights regarding Ellavate’s processing of your personal data.  Based on the legal requirements applicable to your jurisdiction, and subject to any legal restrictions or exceptions, you may have choices and rights described below:
   
   
2. Children’s Data.  Ellavate’s products and services are not directed to children under 13 (or other age as required by local law), and Ellavate does not knowingly collect personal data from children.  If you are a parent or guardian and believe that your child has provided us with personal data, please contact us through the means set forth in this Section 7.  If we become aware that we have collected the personal data of a child, we will take steps to promptly delete such information. 

California Privacy Rights.  If  you are a California consumer, you have additional privacy rights under the California Consumer Privacy Act, as amended (“CCPA”).  You are entitled to exercise these rights free from retaliation as prohibited by the CCPA.  To exercise your California privacy rights, please contact us by email at [ support@ellavatewagon.com].   

Changes to Ellavate’s Privacy Agreement.

It is our policy to post any changes we make to this Agreement on our website [ellavatewagon.com].  If we make material changes to how we treat our users’ personal data, we will notify you by email to the primary email address specified in your account or through a notice on the website home page.  You are responsible for ensuring that we have an up-to-date active and deliverable email address for you, and for periodically visiting our website and this Agreement to check for any changes.  Your continued use of our website or any products, services, or solutions following the posting of changes constitutes your acceptance of such changes.  

Last updated: November 18, 2024.

Contact Us

If you have any questions or concerns about our processing of your personal data or this Agreement, please contact us by email at [ support@ellavatewagon.com].