Privacy Notice

Last Updated: November 13, 2020

This Privacy Notice has been compiled to assist you (“you,” “your,” or “User”) to understand how Power Battery Sales, Ltd. (operating as East Penn Canada) ("we", "our", or "us") and our affiliates and subsidiaries, collect, use and disclose your personal information.

This Privacy Notice describes our practices in connection with information that we collect through your use of the www.eastpenncanada.com website (the “Site”), any mobile sites, applications, widgets, and other mobile interactive features associated with the Site (collectively, our “Apps”), through other services that we may offer in connection with our Site and Apps, through our official social media pages that we control (our “Social Media Pages”), as well as through email messages that we send to you (collectively, the Social Media Pages, Apps and Site, may be referred to as the “Sites”).

This notice does not apply to information collected or obtained by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Sites.

By accessing, browsing, or otherwise using the Sites, you acknowledge and consent to our collection and use of information as set forth in this Privacy Notice. PLEASE READ THIS PRIVACY NOTICE CAREFULLY. YOUR USE OF THE SITES CONSTITUTES YOUR CONSENT TO THIS PRIVACY NOTICE. DO NOT USE THE SITES IF YOU ARE UNWILLING OR UNABLE TO CONSENT TO THIS PRIVACY NOTICE.

This Privacy Notice applies only to your use of the Sites and was last updated as of November 13, 2020. We may revise this Privacy Notice at any time and such revision shall be posted here and accessible via this link: www.eastpenncanada.com/privacy.html. Any revision and/or addition to this Privacy Notice shall become effective and binding on you when you continue to use the Sites on or after the effective date of such revision and/or addition.

Information You Choose to Provide to Us

When using the Sites, you may choose to provide us with certain personal information, including:

• Your name and contact information to subscribe to a newsletter and/or other similar types of marketing materials;
• Your name, contact information, and other related information to inquire into our products, to report a problem with our Sites, or to contact customer service;
• Your name, contact information, and other related information when you provide us with information to process a rebate or product recall;
• Your name, contact information, and other related information to create an account on the Sites;
• Your name, contact information, and other related information when you provide us with information, such as product reviews, to be published or posted on public areas of the Sites, or transmitted to other users of the Sites or to third parties (collectively, “User Contributions”). Contributions are submitted at your own risk. We cannot control the actions of other users of the Sites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by persons unaffiliated with the Sites; and
• Your name, the name of your company or organization (if applicable), the nature of that company or organization (if applicable), address, city, state, e-mail address, and other contact or similar information in order to contact us and submit a message, request, or other comments or content (individually and collectively, “User Message”).

Additionally, when placing an online order, you provide us with certain personal information in order to fulfill your online order promptly and to the proper location:

• Your name;
• Your shipping and billing addresses;
• Your telephone number(s);
• Your email address;
• Your Preferred shipping method(s); and
• Your credit card information.

Information Collected Via Your Use of our Sites

We may collect information about you when you are using the Site in a number of different ways; for example:

• We may collect and track your IP address; and/or
• We may use cookies, web beacons and other tracking tools to monitor and track your access to and usage of the Sites and for the purpose of certain marketing activities.

Information We Collect Automatically

We may now or in the future use tools, including third-party analytical software, to collect automatically certain data about the computer or other device you use to reach our Sites, without any active submission of information from you, such as:

• Device properties including, but not limited to, unique or other device identifiers;
• Device operating system and firmware;
• IP address (i.e., a number that is automatically assigned to your device or computer used to access the Site, and allows us to identify your device or computer) and Internet service provider;
• Mobile phone carrier;
• Geographical data such as country or region; and
• Other similar data.

This information may be collected via several technologies, including cookies, web beacons, clear GIFs and other means. All of this information belongs to us, and we use it to improve effectiveness, content, layout and/or operation of our Site. You can remove certain cookies by following the directions in your Internet browser’s “help” file (see below). If you disable cookies, your ability to use areas of the Site may be limited. Additional information regarding cookies is available below.

You can opt-out of certain use(s) of your personal information, as described below.

How We Use Automatically Collected Information

The information we collect automatically is statistical data and generally does not contain personal information. However, we may maintain it or associate it with personal information we collect in other ways or receive from third parties. We will use this automatically-collected information to improve our Sites and to deliver a better and more personalized service, including to:

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

Yes, the Site uses “cookies” and other web tracking tools. We may store information about you using the cookies on our site. A cookie (also called web cookie, Internet cookie, browser cookie, or simply cookie) is a small piece of data sent from a website and stored on the user’s computer by the user’s web browser while the user is browsing. We use cookies to improve your site experience, to assess content usage, to distinguish you from other users of our site and to support the marketing of our services. For example, cookies help determine what kind of content we will serve to the user – a use case might be, if a user is browsing a particular set of page content themes, we might serve that theme in the form of advertising as we’ve identified them as an interested party of that theme.

We want to be completely transparent about the cookies we use and to make their control as easy as possible for you. When you first enter our Sites, you will be asked to accept or reject cookies via the Cookie Notice. If, after your initial visit to the Site, you decide to change your cookie selection, you can do so by visiting the Cookie Notice, available at www.eastpenncanada.com/cookienotice.html.

Further, if you want to delete any cookies that are already on your computer, please refer to the file management software to locate the file or directory that stores cookies under the following file names. Other information on deleting or controlling cookies is available at www.allaboutcookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.

YOUR PERSONAL INFORMATION WILL NOT BE SOLD. Nor will Your Personal Information be licensed or disclosed to unaffiliated third-parties, except in connection with the sale, transfer, merger, consolidation or other transaction involving all or part of our company or as may be permitted under applicable law.

We may disclose your personal information to our subsidiaries and affiliates to fulfill the purpose for which you provide it, for example, to provide you with a requested communication. In addition to the above, we may share the information collected from you, as described above, with our third party partners to enable us to analyze and use such information to provide you with our products and services, and in the manner set forth in this Privacy Notice. We may share your information with third-parties who assist us with its outreach and engagement communications to make you aware of certain of our products and/or services. We also allow our website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, to access and process your information so long as those parties agree to keep this information confidential. We do not sell your information to third parties for marketing purposes, and we restrict such third parties’ usage of your information consistent with this Privacy Notice.

In addition to the above, we may be required to disclose your information to (i) comply with laws or to respond to lawful requests and legal process (including to respond to requests from public or government authorities, including public or government authorities outside your country of residence), (ii) to investigate, prevent, or take action regarding illegal or suspected illegal activities, (iii) to protect our rights and property, and others to enforce our agreements, and this Privacy Notice and the Terms of Use, including to protect the security or integrity of the Site and/or our information systems, (iv) in an emergency to protect person or property, (v) as may be needed on a confidential basis to support a corporate transaction (including a merger, acquisition, divestiture, financing, or sale of assets or lines of business), or (vi) on an aggregated basis for any purpose in which your specific personal information is blinded, masked or otherwise not identifiable. We may also exchange information with third parties for fraud protection and credit risk reduction.

We follow industry standard practices to protect, secure and maintain the integrity and availability of your information. The Site and our internal networks supporting the Site are scanned regularly for malware and other viruses. We use the Secure Socket Layer (SSL) to ensure that all the information you provide is encrypted and cannot be read as the information travels over the Internet. SSL is a worldwide industry standard for such sensitive transactions.

This Site is not intended to collect, maintain, or transmit any information related to your credit card, banking information, or other related financial information.

Notwithstanding the foregoing, you acknowledge that no security safeguards or method of transmission over the Internet are completely secure. Unfortunately, the transmission of information via the internet is not completely secure. Although we engage in best practices in order to protect data, we cannot guarantee the security of your personal information transmitted to our Sites. Any transmission of personal information is done at your own risk. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

The Sites collect information and process and store that information in databases located primarily in Canada but may also be located in the United States. If you are visiting the Sites from a country outside of Canada, you should be aware that you may transfer personally identifiable information about yourself to Canada, and potentially, the United States, and that the data protection laws may not be as comprehensive as those in your own country. By visiting the Sites and submitting any personally identifiable information you consent to the transfer of such personally identifiable information to Canada or the United States.

We store your information for as long as necessary to serve the business purposes for which it was collected and in conformance with applicable data protection laws. For additional information on the retention periods for any specific type of personal information subject to this Privacy Notice, please contact privacyofficer@eastpenncanada.com.

Occasionally, at our discretion, we may link to third party sites or content on the Sites. We may do this for the convenience of you and other users of the Sites, but we do not have control over the operation of these third-party websites. These third-party sites have separate and independent privacy notices. We, therefore, have no responsibility or liability for the content and activities of these linked sites.

Nonetheless, we seek to protect the integrity of our Sites and welcome any feedback about these third party sites via the Contact Us information below We urge you to review the privacy notices posted on these third-party websites at the time you first visit such sites.

The California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws provides California residents (i.e., consumers) with specific rights regarding personal information. This section of the Privacy Notice describes those CCPA rights and how to exercise those rights. This section does not apply to publicly available information.

Access to Specific Information and Data Portability Rights

California residents have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm a verifiable consumer request from you, we will disclose to you, to the extent permitted by law:

• The categories of personal information we collected about you.
• The categories of sources for your personal information we collected about you.
• Our business or commercial purpose for collecting your personal information.
• The categories of third parties with whom we share your personal information.
• If we disclosed your personal information for a business purpose, the personal information categories that each category of recipient obtained.

You shall have the right to request that the information described above be provided to you in a portable and readily usable format, to the extent technically feasible (“data portability”).

We do not sell your personal information.

Deletion Request Rights

You have the right to request that we delete certain of your personal information that we collected from and/or related to you and retained, subject to certain exceptions.

To the extent that we can delete your personal information, once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected your personal information, provide a good or service that you requested, or take actions reasonably anticipated within the context of our ongoing business relationship with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality. • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Your Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Contacting us at privacyofficer@easpenncanada.com; or
• Calling us at 1-800-668-9303.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with your personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. Any disclosures provided pursuant to the CCPA will only cover the 12-month period preceding the receipt of the verifiable consumer request.

We will respond to a verifiable consumer request within 45 days of its receipt, or notify you that we require more time to respond and the reason for the extended response time. We will deliver the written response by mail or electronically, at your option.

To the extent that your verifiable consumer request is excessive, repetitive, or manifestly unfounded, we may charge a reasonable fee to respond to such request.

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

The European Union’s General Data Protection Regulation (“GDPR”) and other European privacy laws provides individuals located within the European Union with specific rights regarding personal information. This section of the Privacy Notice describes those GDPR rights and how to exercise those rights.

Grounds for Processing Your Personal Information

The data controller for the Sites is us. As described in this Privacy Notice, we process your Personal Information under the following legal grounds:

• You provided your consent (which you may withdraw at any time).
• The processing is necessary for us to fulfill a contractual relationship with you.
• The processing is in our legitimate interests (such as processing for administrative purposes, preventing fraud, and security).
• The processing is necessary for us to fulfill our legal or regulatory obligations.

Consent

We may collect, use and share your Personal Information on the basis of your consent. You may revoke your consent at any time by contacting us at privacyofficer@eastpenncanada.com.

As described in this Privacy Notice, we rely on consent in connection with Personal Information for the following types of processing:

• Marketing or other promotional materials.
• Collection of prospective applicants for employment purposes of individuals located or employed by us in the UK or other EU member state.
• Notifications related to new, relevant products or services, discounts, and news when you have previously consented to receiving such communications (e.g., texts, email, postal mail, etc.).
• The placement of non-essential cookies, remarketing or conversion pixels, beacons, clear GIFs, interest based advertising, or other tools by us or an affiliated third party, in order to provide you with more relevant products or services. For additional information, please see our Cookie Notice available at www.eastpenncanada.com/cookienotice.html

Performance of a Contract

We must collect and use Personal Information in order to provide you with the products and services that you request. This includes Personal Information used to provide you with products and related services and related transaction information.

Legitimate Interests

We collect and use Personal Information to the extent necessary for our legitimate interests. This may include collecting and using data to:

• Maintain and enhance our users’ safety and security.
• Prevent, detect and combat fraud in connection with the use of our Sites or the purchase of a product or service.
• Inform law enforcement officials regarding criminal acts or threats to public safety.
• Provide customer support.
• Optimize our service and develop new services.
• Market research and/or analytical purposes.
• Enforce our Terms & Conditions available at www.eastpenncanada.com/termsandconditions.html

Fulfill Legal Obligations

We are subject to various legal requirements in the jurisdictions we operate that require us to collect, process, disclose and retain your Personal Information in order to comply with those laws. We may be required to retain your data for extended periods of time, and to provide copies of such data to law enforcement, governmental or other regulatory authorities, or third parties.

International Transfers of Your Personal Information

The information that we collect from you may be transferred to, stored in, processed in or accessed from countries outside of the European Economic Area (“EEA”). If we possess your Personal Information in the EEA, and we subsequently transfer that information out of the EEA, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your Personal Information from the EEA to countries that have been deemed to provide an adequate level of protection for Personal Information by the European Commission; or
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give your Personal Information the same protection it has in Europe.

Your Rights Related to Your Personal Information

The GDPR provides you with certain rights related to the collection, processing, and transfer of your Personal Information. You can exercise these rights by contacting us at privacyofficer@eastpenncanada.com. You may be asked to provide some proof of identification so that we can verify that it is you making the request.

Specifically, you have the following rights:

• Access: You have the right to know we collect certain Personal Information about you and to ask us for copies of your Personal Information.
• Rectification: You have the right to request that we correct or supplement Personal Information that is inaccurate or incomplete.
• Object to Processing: You have the right to object to processing in some circumstances, including where we are using your Personal Information for our legitimate interests and for direct marketing purposes.
• Erasure: You have the right to request that we erase the Personal Information we have collected about you in certain circumstances, subject to certain limitations. Upon receiving a valid request from you to erase your Personal Information for any of the above reasons, we will endeavor to remove as much information as is legally allowable. The GDPR provides several exceptions and permits us to object to your request. If we are unable to comply with your request to erase Personal Information, we shall tell you in writing what Personal Information we have continued to retain, the reasons for retaining it and how long we expect to retain it for.
• Restrict Processing: You have the right to ask us to restrict the processing of your Personal Information in certain circumstances, subject to certain limitations.
• Data Portability: You have the right to receive a copy of the Personal Information that we collect about you in a way that is accessible and in a machine-readable format where the processing is based on your consent, the performance of a contract with you, or carried out by automated means. You have the right to request that such Personal Information be transmitted directly from us to another data controller, where technically feasible.
• Withdraw Consent: You can withdraw your consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.

Lodge a Complaint with a Data Protection Authority (“EU DPA”)

If you are concerned that we have not complied with your legal rights or applicable privacy laws, you have the right to lodge a complaint with the Information Commissioner’s Office or your local EU DPA. Contact information is available at https://edpb.europa.eu/about-edpb/board/members_en.

We may not recognize or respond to every type of “do not track” signal or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services, but we give you certain choices about how we collect personally identifiable information as described in this Privacy Notice. Many Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site including certain opt-out cookies.

We encourage you to review the privacy policies of our third party advertisers and analytics service providers to learn about your choices about information they collect from you. In addition, the Network Advertising Initiative offers information about some of the Internet advertising companies we may use, including how to opt-out of interest based advertising they deliver. For all the details, including how to turn on Do Not Track, visit www.donottrack.us.

The Site is not intended for use by persons under the age of 18 and we do not specifically market to children under 13. We do not knowingly solicit, collect, maintain or disclose any Personal Information from children under the age of 18. If you are under the age of 18, please do not:

• create or attempt to create an account on the Sites;
• sign up for any subscription service via the Sites; or
• otherwise interact with the Sites.

We reserve the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will notify you by email or through a notice on our website homepage.

If there are any questions regarding this Privacy Notice you may contact us using the information below:

EAST PENN CANADA

1840 Energy Drive
Courtice, Ontario L1E 2R2
Canada

Attention: Privacy Officer
privacy@eastpenncanada.com
905-619-4895