Privacy statement

Mega-Power OMS Privacy Statement

Last updated August 14, 2017

Introduction to Our Privacy Statement

This Privacy Statement is between you and Mega-Power, Inc. and its subsidiaries (“Mega-Power”, "MPINarada") and relates to your use of certain Mega-Power services and software provided under the OMS™ brand (collectively, the “OMS System”).  The OMS System includes the “OMS Platform,” which comprises cloud services together with the dedicated OMS Portal (the “OMS Portal”) and also “OMS Apps,” which are mobile smart-device applications.  The term “Customer” means an OMS licensee in good standing under a Services Agreement currently in force with Mega-Power.  The terms “you,” “your,” and the like refer to an individual user of the OMS System in his or her role as an employee or agent of a Customer, who has been duly authorized by the Customer to use the OMS System.  The term “Services” means those services provided by mean of the OMS System.  Terms such as “we,” “our,” or “us” refer to Mega-Power.  These definitions apply throughout this Privacy Statement.

This Privacy Statement is distinct from the privacy policies for public websites or other applications owned or operated by Mega-Power.

Scope.  This Privacy Statement covers the use of the OMS System and its use of Personal Information (as defined below) that you may supply.  You may interact with the OMS System via the OMS Portal.  You may also interact with the OMS System by means of OMS Apps installed on your IOS or Android mobile personal devices, such as smartphones or smart tablets (collectively “Mobile Devices”).

Your Consent; Data Use and Access by the Customer.  You understand and agree that through your access to, or use of, the OMS System and/or by your download including by use of the OMS App, you consent to the collection and use of information as described in this Privacy Statement.  You also agree and understand that Personal Information under this Agreement will be provided to the OMS System solely in your role as an employee or authorized agent of the Customer, and you consent that the Customer, and its various employees and agents, may access and use all such data, or information derived therefrom, as may be available through use of the OMS System.  You represent and agree that you will access and use the OMS System solely on behalf of, and in your role as, an employee or authorized agent of the Customer.

Important Notice:  If the OMS System was Supplied by a Third-Party Business Partner.  Your access to and use of the OMS System may have been provided by a Third-Party Business Partner  business partner (“Third-Party ”).  A Third-Party Business Partner will be the provider to your company of other products or services that has arranged for your access to the OMS System. If your access to the OMS System is provided by a Third-Party Business Partner, you also agree that we may share Information with that Third-Party Business Partner.  If a Third-Party Business Partner has arranged for your access to the OMS System, that Third-Party Business Partner will normally have access to your site and employee contact Information, which may include all of the types and categories discussed in this Privacy Statement, for its own business use.  Mega-Power does not control, and is not responsible for, the collection, storage, disclosure, and use of your Information by any Third-Party Business Partner.

Personal Information will also be subject to the Third-Party Business Partner Reseller’s own privacy policy, which may be materially different from this Privacy Statement.  To understand the use of Personal Information, you will need to read, and you consent to, both this Privacy Statement and the applicable privacy policy of the Third-Party Business Partner Reseller.

Changes to this Privacy Statement.  This Privacy Statement is subject to change, and we will notify you in the event of a material change by posting such change prominently on the web at http://oms.megapwr.com/account/PrivacyPolicy; your continued use of the OMS System after such changes will indicate your consent to the revised Privacy Statement.

Use of Personal Information Generally.  “Personal Information” means any personally identifiable information you supply or information relating to or associated with your access to or your use of the OMS System.  Generally speaking, Mega-Power collects Personal Information relating to you and your use of the OMS System in order to provide Services, to interact with you, and to develop, modify and improve Services and features, including as described below.

Use of Contact Information and Email Opt-Out.  “Contact Information” means Personal Information that allows someone to identify or contact you or any user authorized by you to contact or interface with the OMS System, for example, your name, title, the Customer that you are acting for, an address, telephone number, email address, and the like.

We may use your Contact Information to inform you about Mega-Power products and services.  You can opt-out from and stop the delivery of promotional emails from us by following the specific opt-out instructions in promotional emails that you may receive.  The choice to opt-out from emails does not apply to, and Mega-Power has the right to send you, email communications that are considered part of or relate directly to the Services and their use or status.

Collection and Use of Service Information.  “Service Information” means Personal Information necessary or useful to us in providing the OMS System to you.  Examples of Service Information include your business or operation’s location and profile (e.g., zip or postal code, type of business or operation) and whether your account is associated with a specified Third-Party Business Partner.  The term Service Information also includes data that we routinely obtain through your interactions with our systems, such as your browser type and version, your computer or Mobile Device operating system, geolocation information, IP addresses, Mobile Device device-IDs, time and duration of access, and the like.

We may use Service Information in the operation of the OMS System, to provide the Services, to maintain quality of the OMS System, and to obtain and/or provide statistics regarding use of the OMS System.  We may also use Service Information for customer support, OMS System maintenance, research and development activities for new, modified, or improved products and services, and other similar purposes.  Finally, we may provide certain Service Information to selected third parties, such as our business partners, for marketing purposes, where we have obtained your consent.

Collection and Use of Monitored Device Usage Information.  “Monitored Device Usage Information” means Personal Information relating to how you have used the batteries or other devices that are monitored by the OMS System, including events that occur, device status from time to time, testing results, replacement cycles, and other data relating to such devices and data about them processed by the OMS System.  This includes information regarding such monitored devices that you may enter or otherwise capture by means of the OMS Portal or an OMS App.

We may use Monitored Device Usage Information for the operation of the OMS System, to provide the Services, to maintain quality of the OMS System and Services, and to generate or provide statistics regarding use of the OMS System.

We may use Monitored Device Usage Information to provide you with feedback, advice, suggestions, notices, warnings, or guidance about the batteries or other devices that can be monitored by the OMS System.  We may also use Monitored Device Usage Information for customer support, OMS System restoration, and research and development activities for new, modified, or improved products and services, and other similar purposes.  Finally, we may provide certain Monitored Device Usage Information to selected third parties, such as our business partners, for marketing purposes, where we have obtained your consent.

Anonymized Information. At our option, Mega-Power may “anonymize” Personal Information by removing any identifier that can be associated with your personal Contact Information.  Such “Anonymized Information” helps us develop reports and analyses about how our customers use our OMS System and for other research such as behavioral inferences.  We may publicly or privately share or sell Anonymized Information and reports and analyses based on Anonymized Information.  We may disclose aggregated Anonymized Information, and analyses and reports derived from such information, to third parties including our service providers, suppliers, advertisers, merchants, consumer and market research companies and other organizations, and we may publish such information.

Cookies and Similar Technologies.  We use tools to collect information from users of the OMS System, including web cookies and web beacons (collectively “Cookies”).  We may use these tools to provide the Services, operate the OMS System, to understand and analyze trends, to learn about user choices and activity on the OMS System, and to gather demographic and geographic information about our user base. We may use this information, in aggregated and non-personally-identifiable form, in our marketing and advertising.

You can change web browser settings to stop accepting Cookies or to prompt you before accepting Cookies from a website you visit.  If you disable Cookies, the OMS System may be slower and some functions, including essential functions, may not operate.  Mega-Power may use the following types of Cookies at Mega-Power:

·        Session Cookies: These Cookies track your interaction with the OMS System in a single online session.  These Cookies are essential, because they enable you to move around the OMS Portal website and use many of its features.

·        Performance Cookies: These Cookies collect information about how you use our websites, for example which pages you go to most often and if you get any error messages from certain pages. These Cookies can help us understand how our websites are performing and to make relevant improvements that could better your browsing experience. Examples of performance Cookies that our website uses include those for Google Analytics (see discussion below).

·        Functionality and Profile Cookies: These Cookies are used to record your user ID or elements of your user profile, such as the preferences that you set on the OMS Portal.

The OMS Portal does not track its customers over time and across third party websites to provide targeted advertising, and therefore does not respond to “Do Not Track”
signals.

In addition to Cookies used by the OMS Portal, an OMS App on your Mobile Device may also record similar information with regard to your account, your identity, your preferences, or aspects of its configuration or use and may communicate such information to us, associated with a device-ID for the Mobile Device.

Personal Information Use by Third-Party Service Providers.  We also use third parties to help with certain aspects of our operations, which may require disclosure of certain aspects of your Personal Information to them. For example, we may use a third party to communicate with you about your account or upcoming features or services for marketing purposes, to process and collect payment for your Services via your credit card, if applicable, to generate demographic profiles based on Personal Information of our customers, and to perform other work as part of or in relation to the OMS System that we may decide to outsource.

We require these third parties to agree to protect the confidentiality of your Personal Information and to use it only as necessary to perform the services they are asked to perform.  These contractors and third parties are responsible and may be liable if they misuse Personal Information.

Transfer of Information; Disclosure for Legal Reasons.  We reserve the right to transfer Personal Information in the event we sell or transfer all or a portion of our business, operations, or assets.

We may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to comply with legal requirements, to comply with legal process served on us, to protect and defend our rights or property, or if we believe that doing so is reasonably required to protect the safety, rights, or property of others.

Except as stated in this Privacy Statement, Mega-Power does not share your Contact Information with anyone without your express consent.

Links and Third-Party Sites.  We may provide links to third-party websites for your convenience and information. These websites may have their own privacy policies, which you will need to read to understand how such linked websites use information.  Mega-Power is not responsible for third-party websites’ content, your use of such websites, or the privacy practices of such website operators or owners.

Our Use of Google Analytics.    Mega-Power may use Google Analytics web analytics to analyze OMS Portal use and OMS App use.  This information is gathered on a non-identified information basis and is not associated with information regarding your other use of Google services.  Google Analytics uses a Cookie for OMS System analytics and may use Mobile-Device-specific information, such as device type or device-ID.  See Google’s privacy policy for more details, including information on ways that you may be able to opt-out of such data collection wholly or in part.  Google may also transfer such information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.

If You are Outside the United States.  If you are entering information outside the United States, you consent to the transfer of Private Information to the United States and/or other countries for storage, processing and use as authorized by this Privacy Policy, as it is in effect from time to time.  By using the OMS System, you consent to the transfer of the data outside of your country of residence under this Agreement.

Under-Age Users Are Not Permitted.  Mega-Power does not knowingly collect personally identifiable information from anyone younger than thirteen years old.  If Mega-Power is made aware that it has received personally identifiable information from someone younger than thirteen, it will use reasonable efforts to remove that information from its records.

Our Security Systems.  Mega-Power uses a variety of standard security technologies and procedures to help protect your Personal Information in the OMS Platform from unauthorized access, use, or disclosure.  For example, we store the Personal Information you provide on computer systems, as for example at Amazon Web Services, located in facilities to which access is limited.  Notwithstanding the foregoing, Mega-Power does not guarantee that the OMS System or your Personal Information cannot be compromised or hacked.  Information regarding security practices of our Third-Party Business Partners, please check their applicable privacy policies.

It is your own responsibility to ensure the security of your username and password and not to reveal this information to others.  You are also responsible for keeping secure the OMS App on your Mobile Devices and not providing access to others.

Other Provisions.  This Privacy Statement is governed by and construed according to the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.  Any lawsuit or legal proceeding against any party to this Privacy Statement that relates to it or to its subject matter must be commenced in the federal or state courts located in Boston within the Commonwealth of Massachusetts, which courts will have sole and exclusive jurisdiction over and venue for such actions and proceedings.  You and Mega-Power hereby irrevocably consent to personal jurisdiction and venue by such courts.

The invalidity or unenforceability of any provision of this Privacy Statement will not affect any other provision and all such other provisions will remain in full force and effect without change or modification thereof. You consent to the exclusive use of the English language in this Privacy Statement, as well as all communications from Mega-Power.

Any Questions?

If you have any questions about our privacy practices, please contact us at: mpadmin@megapwr.com. or at:

Mega-Power, Inc.

44 Oak Street,

Newton, MA 02458