LUGANO Israel Ltd. (the “Company”) provides to its customers advanced electric vehicle charging services, including smart charging services for multiple vehicles in condominiums and in other shared spaces (the “Property” and the “Services”). Electric vehicle owners are required to use the application (the “Application”) and use its interface for the purpose of receiving the Services in a high level. The following are the Application Terms of Use (the “Terms of Use”). In these Terms of Use words which are in the masculine gender shall be deemed to include the feminine gender, and vice versa.

1. The Company respects the privacy of its Users and considers itself as committed to the protection of the personal information that the Users share with the Company in accordance with the terms set forth in the Privacy Policy. As said, by installing and using the Application Users agree to the following Privacy Policy.

2. “Personal identifiable information” in this Privacy Policy shall mean any identifying information that will be provided or collected about the User within the framework of the installation of the Application and/or during the period the User uses and operates the Application.

3. When using the Application, the information and the actions performed by the User (including information that will be collected about the User) will be kept in the databases of the Company that are registered in accordance with the law (the “Databases”).

4. The personal identifiable information about the User that will be collected and stored in the Databases will be the following: location data while charging, start and finish time of the charging, information about the charging itself (including the consumption of electricity, charging characteristics, battery capacity, charging rate and any other information in connection with the charging), information that was provided by the User to the Company, whether directly or indirectly, including full name, model and vehicle number, email, telephone number, telephone device model and any other open information that is available to the Company during the time the User uses the Application.

5. In addition, while using the Application the Company might keep anonymous, statistical or aggregate information (including data collected within the framework of permissions for functions in the User's device) for learning and research purposes, and for the proper operation of the Application or uses by the Application, improving service quality and user experience, operating and improving the Services and creating or operating additional and related Services.

6. In addition, the Company may also collect information regarding the cellular internet provider of the User, the User's IP address and the domain name for the purpose of accessing the Application, the location of the device that was used when logging to the Application, the times of use of the Application and additional information indicating the manner of use of the Application, for the purpose of managing, operating, improving and making the operation of the Application more efficient and for the purpose of customizing the Application to the preferences and requirements of Users.

7. The use that the Company will make with the information provided by the User and/or that is collected about the User will be made only in accordance with the provisions set forth in this Privacy Policy and in accordance with the provisions set forth in Israeli law, including in accordance with the provisions of the Protection of Privacy Law 5741-1981 and the regulations rules enacted thereunder.

8. By installing and using the Application the User confirms that the information that was provided by the User and/or that will be collected about the User will be kept in the Databases of the Company for the following purposes: (1) operation and improvement of the Services; (2) personal identification of the Users (also in a manner that is not anonymous); (3) improving and optimizing data, collection, processing and analysis of statistical data, statistical segmentation and comparison of data; (4) managing the connection with the User, including surveys and questionnaires, including for operational purposes and/or for the purpose of improving the Services; (5) authentication of data and data security and (6) compliance with the provisions of the law and inquiry of complaints, suspected fraud or misconduct. Without prejudice to the foregoing, the Company shall be entitled to use the assistance of third parties for the purpose of operating and maintaining the Application, and the said third parties will have access to the information as stated above.

9. In addition, the Company reserves its right to use the personal identifiable information for marketing purposes and for the purpose of sending direct mail, including advertisements (including advertisements in accordance with the provisions of the Communications (Telecommunications and Broadcasts) Law 5742-1982) whether by the Company and whether by third parties who are business partners of the Company and for the purpose of contacting (whether in general or in a personal message) the Users in direct mail or in any other medium, for the purpose of sending different marketing materials by the Company and by third parties who are business partners of the Company, such as advertisements and/or other specific commercial proposals, including by cookie files. The User may unsubscribe to the said Services by delivery of notice in the “contact” function in the Application or according to the instructions that will be provided in the advertisement.

 

The User confirms that the Company notified him that he may decline receipt of advertisements as said.

10. The User is aware that he is not subjected to any legal obligation to provide the personal identifiable information about the User however, without providing such information the User may not use the Application. The User declares that the information provided by the User, as well as the consent to collect the information about the User, were provided out of his own free will and with his full consent, after the User understood all consequences stemming from such actions.

11. Pursuant to the provisions of the Protection of Privacy Law 5741-1981, any person is entitled to inspect the personal identifiable information about him in the database. A User who inspected such information as said and found that the said information is incorrect, deficient, vague or inaccurate, may send to the Company a request to correct the said information. A User who wishes to correct the personal identifiable information about him may act in such manner as said by sending an email to the following address: Office@Ev-Sync.co.il and the Company will act for the purpose of changing or updating the information as said.

12. The Application may use cookie files – files that collect anonymous data for the regular and proper operation of the Application, for the purpose of authenticating information, data security and for the purpose of customizing the Application to the personal preferences of the User, thereby facilitating the use of the Application. Thus, for example, the User may connect to the Application without typing his identification information whenever the User operates the Application. In addition, it is possible that the information that will be collected by the cookie files will be used for the marketing purposes of the Company or of companies related to the Company while using the Application and/or related Services operated by the Application. Cookies are text files that are created at the time of using the Application, assuming that the User's device settings enable the use of cookies. Some of the cookies will expire when the Application is closed and others might be stored in the device memory.
13. In addition, the Company may use analytical tools such as Google Analytics or other similar tools for the purpose of conducting research, improving and optimizing data, and for the purpose of collecting data regarding the manner of the Services offered in the Application, and for the purpose of improving the quality of the Services provided to the Users.

14. The Company shall be entitled to provide personal identifiable information regarding the Users to third party upon the occurrence of one or more of the following events: (1) in the event of a legal dispute between the User and the Company that will require the exposure of the User's information and/or if the User committed acts that are in violation of the law in the Application or in connection therewith; (2) for the purpose of conducting statistical analyses and delivering statistical or other data to third parties; (3) in the event it is found that the User infringed one or more of the terms set forth in the Privacy Policy and/or the Terms of Use and/or in the event that the Users performs or will attempt to perform any actions in contravention of the said terms and conditions or in contravention of the law; (4) in accordance with a judicial order or the demand of a competent authority in accordance with the law; (5) in any event in which the Company is of the opinion that the provision of such information as said is necessary for the purpose of preventing serious damage to the property and/or the body of any person or for the purpose of preventing any other serious damage, at the sole discretion of the Company; (6) for delivery of marketing offers and advertising materials; (7) in the event the Company is sold, transferred and/or merges its operations with another corporation, provided that the new information recipient will agree to act fully in accordance with the provisions set forth in the Privacy Policy and these Terms of Use; (8) for the purpose of collecting, keeping and/or managing the personal identifiable information of the Users by third parties in Israel or abroad, that provide services to the Company (including its related parties, as required and for the purpose of providing us the Services) as required according to the business and operational requirements of the Company, when the said third parties might be in a country in which the information protection and privacy laws are different than the ones applicable in Israel; (9) engaging in cooperation with third parties for the purpose of improving the user experience and for the purpose of operating the Application; (10) after obtaining the express approval of the User, prior to the disclosure and (11) storage of data in cloud services, including in servers located outside Israel.

15. For the avoidance of doubt, the Company shall be entitled to collect, disclose and transfer any information other than personal identifiable information to third parties, at its sole discretion.

16. Users are required to note that the Application may include links referring to other websites, content, applications and services of third parties (“Other Sites”). These Other Sites might collect from the User information enabling his personal identification. The Company shall not be held liable for the privacy procedures and the content of the said Other Sites and the User shall be solely responsible for any access and/or use by the User of the Other Sites. This Privacy Policy does not include the information collection procedures or the privacy policy of the Other Sites and/or of any third party, and shall apply solely to the information collected by the Company.

Information security

17. The Company endeavors to the best of its ability and applies customary technological and organizational security measures for the purpose of protecting the Application, the communication performed in the Application and the information over which the Company has control, against unintentional or deliberate abuse, loss, destruction or against access of unauthorized persons. The connection between the User's device when using the Application or the computers supporting the Application is secured by customary encryption methods, according to customary standards. In addition, the Company applies reasonable measures for the purpose of protecting the Application and hardware and software components that are related to their operation and updates them regularly, inter alia, for the purpose of protecting the Application and the software against hacking, breaches or unauthorized secret monitoring.

18. Notwithstanding the aforesaid, the Company cannot guarantee the full and complete protection of the information and does not undertake that the Services will be fully protected against unauthorized access to the information or the content stored therein. Therefore, it is hereby clarified that the Company shall not be held liable and shall not be responsible in any manner for any event of breach or hacking and/or any other damage caused as a result of the use of the Application by the User or anyone acting on his behalf and/or as a result of any security failure over which the Company has no control.

Miscellaneous

19. These Terms of Use exhaust the entire understandings and the terms that were agreed between the Users and the Company in connection with the subject matter hereof and shall take precedence any other, prior or valid agreements, whether verbal or written, made between the User and the Company.

20. If any these Terms of Use is held invalid, illegal or unenforceable in any respect, the said term shall be stricken and its removal will not affect the legality and the validity of the remaining terms.

21. The information and the Services provided by the Application, their use and everything associated therewith shall be governed by the laws of the State of Israel (without granting force to international choice of law provisions contained therein) and shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG).

22. The competent courts in the city of Tel Aviv – Yafo shall have exclusive jurisdiction in anything relating to and arising out of the use of the Application and the User hereby submits to the exclusive and local jurisdiction of the said courts. The User agrees to waive any protection regarding lack of personal jurisdiction and inappropriate forum and agrees that court process will be served in the manner permitted under the governing law and/or pursuant to the decision of the court. Notwithstanding the aforesaid, the Company shall be entitled to apply for injunctions in any competent court.

23. These Terms of Use do not create and shall not be deemed as creating any relationship of partnership, joint venture, employer-employee relationship, a relationship of agency or a franchiser-franchisee relationship between the parties.

24. No conduct, waiver, avoidance from action and/or any undue delay and/or delay in exercising any of the rights of the Company in accordance with these Terms of Use and/or in accordance with the provisions set forth in any law shall be deemed as waiver of any right or as consent to any breach or nonfulfillment of any of the provisions set forth in these Terms of Use unless executed expressly and in writing.

25. The Company shall be entitled to assign and/or transfer the Terms of Use and/or the rights and/or the obligations in accordance with the said Terms of Use to any other entity in its place, without obtaining the approval of the User in connection therewith and without delivery of any notice to the Application in connection therewith. The User shall not be entitled to assign and/or sublicense and/or transfer in any other manner his rights and/or obligations by virtue of these Terms of Use to another without obtaining the prior and written approval of the Company in connection therewith. Any action as said that was performed without obtaining the approval of the Company shall be null and void.