Privacy Statement

Introduction

The Lion Electric Company (collectively with its subsidiaries, “Lion Electric“, “we” or “our“) take the privacy of individuals (“you“) and its compliance with applicable privacy laws very seriously. We are a leading manufacturer of all electric medium and heavy-duty urban vehicles and supply electric vehicles and related software and mobile applications to a range of commercial, private and public fleets and school district customers; hosts events (“Events“); and own and operate the following websites: thelionelectric.com and ir.thelionelectric.com (collectively, the “Website“).

This Privacy Notice (the “Notice“) explains how we collect, use, disclose or otherwise handle Personal Information (as defined below) when you:

  • Purchase our vehicles or other vehicle-related items;
  • Use our vehicles (which are equipped with vehicle tracking devices);
  • Download and/or use the Geotab mobile app or any other third party telematics software;
  • Download and/or use the LionBeat mobile app, our telematics software;
  • Respond to and/or attend one of our Events;
  • Visit our Website;
  • Apply for a job or work with us;
  • Visit any of our facilities; and/or
  • Communicate with us (e.g. via the contact form on our Website or for customer service purposes) or otherwise engage with us in connection with our services (together, the “Services“).

Scope & Application

This Notice applies to Lion Electric and its employees, consultants, and other persons who have a direct or indirect working relationship with Lion Electric.

Lion Electric recognizes that certain entities within the Lion Electric group may require to adopt additional privacy policies, guidelines, procedures, or other contractual obligations based on the nature of their services, customer requirements, or applicable law. When stricter security or privacy requirements are imposed, Lion Electric and affected employees must adhere to the strictest requirements. In the event of a conflict between any additional policy, guidelines, procedure or contractual obligations and this Notice, the document that provides the highest level of data protection applies.

Personal Information that We Collect

When we refer to “personal information” in this Notice, we mean any information about you that, alone or in combination with other information, identifies you or can be used to identify you (“Personal Information“). Personal Information does not include aggregated or de-identified information.

You consent that we collect the following types of Personal Information:

  • When we create your customer account or when you create an account from our Website and use your account: As a Lion Electric customer, you will be able to access and manage certain information from an account we will create on your behalf and make available to you. As a company or individual who is not an existing Lion Electric customer, you will be required to create an account on our Website in order to purchase, lease or reserve a vehicle, vehicle parts or other vehicle-related items, in which case we will collect Personal Information such as your name, email address, company name, phone number, postal address, province where you are located and, when a payment is required, your payment information.
  • When you use Lion Electric vehicles: Each of Lion Electric’s company vehicles and sold vehicles are equipped with vehicle tracking devices, sold and licensed to us by Geotab Inc., and which may collect Personal Information such as the driver’s identity, vehicle motor, battery, braking and electrical systems data; charging events and status; the enabling/disabling of various systems; diagnostic trouble codes; vehicle information number; vehicle speed; vehicle direction and vehicle location (together, “Telematic Data“). These vehicle tracking devices cannot be uninstalled or disabled, and Lion Electric will continue to have access to the Telemetry Data as long as the vehicles are operational.
  • When we share information with third party service providers to provide and/or improve our services: we engage from time-to-time third-party service providers to assist in providing and improving our services. These third parties may have access to your personal information for the purpose of performing services on our behalf or improve our service offering. We have contracts in place with these third-party service providers to ensure that they handle your information in accordance with this Notice and applicable laws. These third-party service providers include the following:
    • Microsoft Dynamics: we utilize Microsoft Dynamics for customer relationship management (CRM) and customer acquisition purposes. We use Microsoft Dynamics’ customer acquisition tools for lead generation and customer-focused communications such as electronic newsletters and promotional content. Microsoft Dynamics adheres to a comprehensive privacy statement. For more information on how Microsoft Dynamics handles your data and on how to exercise your rights, please refer to their privacy statement on the Microsoft website. Information captured through Microsoft Dynamics include names, surnames, email addresses, phone numbers, job titles, company names, addresses and fleet sizes.
    • Zoho Desk: Zoho Desk is used for customer support and ticketing purposes. Zoho Desk follows strict privacy practices to protect your information. For details on how Zoho Desk manages your data and on how to exercise your rights, please review their privacy policy on the Zoho website. Information captured through Zoho Desk include names, surnames, emails, phone numbers, vehicle VIN numbers, vehicle-specific number of kilometers on the odometer, and any files provided to enhance the ticketing process.
    • FolksRH: we engage the services of FolksRH for human resources management and employee hiring purposes. FolksRH is a third-party service provider that adheres to stringent privacy practices. For more information on how FolksRH handles your data and on how to exercise your rights, please review their privacy policy on the FolksRH website. Information captured through FolksRH include names, surnames, emails, phone numbers, and any files provided for job application purposes (e.g., resumés, letters of intent).
  • Information you provide to us:
    • You may contact us through our contact form on our Website, in which case we will collect your name, email, company name, phone number, province where you are located, and the information you include in your request.
    • When you respond to or attend one of our Events (including when you visit us at a trade show), we will collect Personal information such as your name, email address, company name, phone number, postal address and province where you are located.
    • When you apply for a job or work at Lion Electric, we will collect Personal Information including your name, address, education, employment history, information from your resume (CV) and references.
  • Information automatically collected when you visit our Website: When you visit our Website, we collect certain information related to your device, such as your device’s IP address. We also use technologies such as cookies, which track your device’s interaction with our Website, including device identifier, browsing and location information. You can read more about the types of cookies we use and what we use them for below.
  • Information collected when you visit one of our facilities: The perimeter of our facilities are equipped with video surveillance technology, which begin recording when a movement is detected.
  • Exclusions: Personal Information does not include aggregated or de-identified information or business contact information, including your name, title, or business contact information.

 

We do not collect Personal Information for purposes other than those identified in this Notice, unless your consent is obtained, or as required or permitted by applicable law.

For information about opting-out from Lion Electric’s collection of your Personal Information, please refer to the section entitled Your Privacy Rights.

Uses of Your Personal Information

You consent that we use your Personal Information for the following purposes:

  • Process transactions, manage accounts and offer financing services: We use your Personal Information to manage your account and the reservation, sale and delivery of our electric vehicles and related services that you request.
  • Provide and improve our telematic and fleet management services: We use the Telematic Data collected from our electric vehicles to provide you with telematic and fleet management products and services based on the package you purchased (e.g. reports), to improve fleet productivity and safety, to respond to and address customer service requests, and improve those services.
  • Administering and Improving our Websites and Events: We use your Personal Information to administer and improve our Website, including troubleshooting, data analysis, testing, and statistical purposes, to ensure that content is presented in the most effective manner for you and for your computer and to keep our Website secure, and to administer our Events.
  • Answer your questions: We use your Personal Information to communicate with you and answer your questions when you contact us, whether as an existing Lion Electric customer or via the contact form available on our Website.
  • Marketing Communication: As permitted by applicable law, we may use your Personal Information to provide marketing and promotional materials to you related to our Services that we believe may be of interest to you. If we do so, each communication we send you will contain instructions allowing you to opt-out of receiving future communications of that nature.
  • Administrative Communications: We use your Personal Information to manage your account with us, improve our customer service and communicate with you about your use of our Services, including changes to our terms, conditions, and policies and other administrative communications.
  • Communications with Investors or Potential Investors: We use your Personal Information to send you investor-related information that you may request. If we do so, each communication we send you will contain instructions allowing you to opt-out of receiving future communications of that nature, unless we are required by law to provide you with such information.
  • Assess your job application: We use the Personal Information collected in the context of a job application to assess your application, suggest other suitable positions, and communicate with you (including to inform you about future job opportunities). We may also use such information on a de-identified basis to review and assess our hiring policies, practices and generate statistics.
  • When you work at Lion Electric: We collect and store, for human resources and employmentrelated purposes (including payroll), Personal information from current and former employees, consultants and other persons who have an employment relationship with Lion Electric.
  • Security Purposes: We use your Personal Information to protect our facilities and property (including software we own and our Website).

 

We engage third-party service providers to assist with certain business-related functions, such as website hosting, IT, customer support, e-mail delivery, website analytics (e.g. Google Analytics), payment and credit card processing (e.g. Paypal), investor relations management (e.g. Q4 Inc.), applicant tracking management or human resources management and payroll services (e.g. Folks RH). We may share Personal Information with such third party service providers but only for the purposes we stated above.

Disclosure of Personal Information

You consent that we may disclose your Personal Information as follows:

  • Lion Electric’s subsidiaries or affiliates. We may disclose your Personal Information with our subsidiaries or affiliates, but only for purposes consistent with this Notice.
  • Sale, merger or bankruptcy. We may disclose your Personal Information in the event of a reorganization, merger, sale, joint venture, assignment, amalgamation, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
  • Legal purposes: We may share your Personal Information: (a) to comply with applicable laws and regulations; (b) to comply with legal procedures; (c) to respond to requests from public and governmental authorities, including public and governmental authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations, business and systems; (f) to protect our rights, safety or property, and/or that of other customers, including you; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
  • Third party disclosure: We do not disclose any Personal Information to third parties other than as described in this Notice, unless your consent is obtained.

Cookies & Similar Technologies

We use cookies to personalize visits to our Website and to determine traffic on our Website. Cookies are text files from the Website that are stored on your computer or device. You can choose to accept or decline cookies through your browser settings, or through our cookie consent provider, CookieYes’. You can enable and disable cookies through CookieYes’ interface accessible on our Website, however, disabling cookies may prevent the optimal performance of our Website.

We use Google AdSense and other third-party advertising tools (e.g., Microsoft Advertising) to advertise online. Third party vendors, including Google and Microsoft, may show ads for our Website that you visit across the Internet. We and our service providers, including Google and Microsoft, use cookies to inform, optimize, and serve ads on third party websites based on your past visits to our Website. These cookies may also be used to report on ad impressions, other uses of ad services and interactions with these ad impressions and ad services related to visits to our Website. Similarly, when you visit our Website through Twitter, LinkedIn and other social media services, we collect cookies which indicate how you arrived at our Website.

We also use Google Analytics, a web analysis service provided by Google, to better understand your use of the Website and Services. Google Analytics collects information such as how often users visit our Website, what pages they visit and what other sites they visited prior to visiting ours. Google uses the data collected to track and examine the use of our Website, to prepare reports on its activities and share them with other Google services. Google may use the data collected on our Website to contextualize and personalize the ads of its own advertising network. Google’s ability to use and share information collected by Google Analytics about your visits to our Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Safeguarding Your Personal Information

Lion Electric has implemented security measures designed to prevent the loss or unauthorized use of your Personal Information.

Passwords:

  1. User Accounts: If you create an account on our Website, you are responsible for maintaining the confidentiality of your account credentials, including your username and password. You should not share this information with anyone else. If you believe your account has been compromised, please notify us immediately.
  2. Secure Password Practices: We encourage you to create a strong, unique password for your account. Your password should include a combination of uppercase and lowercase letters, numbers, and special characters. Avoid using easily guessable information, such as your name or birthdate, as part of your password.

 

SSL Encryption: We utilize SSL (Secure Sockets Layer) technology to secure the transmission of data between your web browser and our servers. SSL ensures that any information exchanged during your interaction with our Website remains encrypted and protected against unauthorized access.

Data Security: We have implemented industry-standard security measures to protect your Personal Information from unauthorized access, disclosure, alteration, or destruction. Our security practices are regularly reviewed and updated to ensure we maintain a secure environment for your data.

While Lion Electric takes appropriate steps to safeguard your Personal Information, note that no transmission over the Internet is 100% secure.

Data Storage Practices & Accessibility

Data Retention and Anonymization

Lion Electric and its service providers may store data, including the Telemetry Data, on servers located in the United States, Europe and Asia. Personal Information stored outside of Canada may be subject to foreign laws and foreign law enforcement.

Except as otherwise permitted or required by applicable law or regulation, we will only retain your Personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your Personal information so that it becomes depersonalized. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

If you have any questions about where your Personal Information may be stored, please contact us at privacy.lion@thelionelectric.com.

Individual Access

Your Personal Information will be available only to Lion Electric’s employees, officers and directors who need to know such information in order to perform their respective duties.

Your Privacy Rights

If you would like to exercise any of your rights listed below, please contact us at: privacy.lion@thelionelectric.com.

Opting-out

Information about our products, promotions and contests will be sent only to customers who agreed to be part of our mailing list or newsletter. You may opt-out of marketing and promotional communications at any time by contacting us at privacy.lion@thelionelectric.com or by selecting the unsubscribe option in any marketing, promotional or investor-related communication that you receive from us.

Access and Correction

You have the right to access and request correction or updating of your Personal Information in our custody and control, subject to limited exceptions prescribed by applicable laws.

Consent Withdrawal

Without limiting the generality of the present section, where you have provided your consent to the collection, use, and transfer of your Personal Information, you may have the legal right to withdraw your consent under certain circumstances. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

Right to Request Disclosure of Information Collected

You have the right to request disclosure about the categories of Personal Information we have disclosed for a business purpose and the categories of third parties to whom the Personal Information was disclosed. Additionally, you have the right to request disclosure of specific pieces of information. Below is a list of the information that you can request:

  • The categories of Personal Information about you that we have collected or disclosed for business purposes;
  • The categories of sources from which we collected the Personal Information;
  • The business or commercial purpose for collecting or selling the Personal Information;
  • The categories of third parties with whom we share Personal Information; and
  • The specific pieces of Personal Information we have collected about you.

 

Right to Request Deletion

You have the right to request that we delete any Personal Information about you that we have collected from you. Please note that there are exceptions where we do not have to fulfill a request to delete information, such as when the deletion of information would create obstacles to the completion of a transaction or be in contradiction of a legal obligation.

Right to Non-Discrimination

We will not discriminate against you (e.g., by denying goods or services, or providing a different level or quality of goods or services) for exercising any of the rights listed in the present section.

Your Rights As California Resident

Under the California Consumer Privacy Act (“CCPA“) and California Privacy Rights Act (“CPRA“), California residents have certain rights regarding the Personal Information that businesses hold about them.

Personal Information We Collect

We collect identifiers (such as name, email, company name, address, phone number, province where you are located), product information from the telemetry device that our vehicles are equipped with (vehicle motor, battery, braking and electrical systems; charging events and status; the enabling/disabling of various systems; diagnostic trouble codes; vehicle information number; vehicle speed; vehicle direction and vehicle location), and Internet or other electronic network activity information (such as usage information, IP address, and cookie information).

Why We Collect Your Personal Information

We use identifiers and product information to provide the services requested, for business purposes and for general administration, which includes record keeping, troubleshooting, data analysis, testing, and survey purposes. We use identifiers and Internet or other electronic network activity for trend monitoring, marketing, and advertising, as well as to ensure the security of our Websites.

How We Collect Your Personal Information

We collect identifiers and product information directly from you.

We collect Internet or other electronic network activity from your usage of our Websites.

Who Do We Share and Sell Your Personal Information with

We share your Personal Information as necessary for certain “business purposes,” as defined in the CCPA and CPRA. This includes sharing identifiers, product information and internet or other electronic network activity with providers of payment processing providers, our provider of vehicle tracking device (Geotab), our customer relation management service provider, or platform providers that we use to offer our Services.

We do not sell any Personal Information.

Right to Request Disclosure of Information Collected

You have the right to request disclosure about the categories of Personal Information we have disclosed for a business purpose and the categories of third parties to whom the Personal Information was disclosed. Additionally, you have the right to request disclosure of specific pieces of information. Below is a list of the information that you can request:

  • The categories of Personal Information about you that we have collected or disclosed for business purposes;
  • The categories of sources from which we collected the Personal Information;
  • The business or commercial purpose for collecting or selling the Personal Information;
  • The categories of third parties with whom we share Personal Information; and
  • The specific pieces of Personal Information we have collected about you.

 

If you would like to exercise your right to request disclosure, please contact us at privacy.lion@thelionelectric.com.

Right to Request Deletion

You have the right to request that we delete any Personal Information about your that we have collected from you. Please note that there are exceptions where we do not have to fulfill a request to delete information, such as when the deletion of information would create obstacles to the completion of a transaction or be in contradiction with a legal obligation.

If you would like to exercise your right to delete, please contact us at privacy.lion@thelionelectric.com.

The Right to Non-Discrimination

We will not discriminate against you (e.g., by denying goods or services, or providing a different level or quality of goods or services) for exercising any of the rights that you have under the CCPA or CPRA.

Privacy Indicents

A privacy incident is any unauthorized access, use or disclosure of personal information, as well as the loss or other breach of protection of Personal information.

For example, a privacy incident could occur when:

  • A staff member accesses Personal information without authorization;
  • A staff member is disclosing Personal Information to the wrong recipient;
  • The organization is the victim of a cyberattack (e.g. phishing, ransomware, etc.).

 

If we have a reason to believe that a privacy incident involving Personal Information under our control has occurred, we will consult our Privacy Officer and take reasonable steps to reduce the risk of harm, which may involve external experts and government officials, and prevent similar incidents from occurring. In addition, we will proceed to a risk assessment. If we identify a risk of serious harm, we will notify promptly the relevant governmental authorities and the affected individuals.

Complaints

If you have a privacy concern or if you believe that your Personal Information has not been handled appropriately, you should first contact us directly to try to resolve it. We take your concerns seriously and will work with you to address them.

If you decide to raise your concerns, please write at privacy.lion@thelionelectric.com and mention the following information to help us address your query in a timely manner:

  • Your full name;
  • Your phone number;
  • Your email address;
  • A brief description of the situation;
  • If applicable, a copy of any relevant documents.

 

We commit to give a first answer to your query within 30 business days.

Changes to this Notice

We may make changes to this Notice from time to time. When we do so, we’ll post the revised notice on our Website and change the “last updated” date at the top of the notice. We encourage you to check back on our Website for the latest version of this Notice and practices. If we make significant changes to this Notice, we will take additional steps to bring these to your attention.

Contact Us

Our Chief Privacy Officer is responsible for this Notice and Lion Electric’s practices relating to it.

If you have any questions about this Notice, you can write to the following address:

Dominique Perron, Chief Privacy Officer, The Lion Electric Company

921 Chemin de la Rivière-Du-Nord, Saint-Jérôme, Québec, Canada J7Y 5G2

privacy.lion@thelionelectric.com

 

Last updated on January 26, 2024