Privacy Policy

I. What does this Privacy Policy cover?

This notice sets out what personal data we collect, for what purposes and your rights in this respect.

This Privacy Policy provides information regarding the personal data which is processed by The New Motion B.V. (hereinafter “NewMotion”) and associated companies within the Shell group of companies with the ultimate parent company Royal Dutch Shell plc in relation to customers, suppliers, business partners, stakeholders and/or investors including visitors to the NewMotion and Shell Recharge sites (hereinafter “websites”), portals and users of our apps. Please note that due to co-branding activities some NewMotion operated websites, portals or apps might be branded with a Shell name or logo (like Shell Recharge).

As well as this Privacy Policy, local privacy policies vary among the countries in which we operate to reflect local practices and legal requirements and is at all times subject to applicable local laws and subject to change.

This Privacy Policy explains what personal data is processed, why we process your personal data, for which purposes we process your personal data, how long we hold the personal data for, how to access and update your personal data and where to go for further information or to lodge a complaint.

II. Special Notice – if you are under 16 years old. Processing children’s personal data

If personal data of children is gathered this requires consent of the parent or guardian.

We do not intentionally collect personal data of individuals under 16 years old. If you are under 16 years old) please do not send us your personal data for example your name, address and email address.

As our products and services relate to car driving, we assume you are over 16 years old. If you wish to contact NewMotion in a way which requires you to submit your personal data (such as for education or innovation events) please get your parent or guardian to do so on your behalf.

III. What personal data do we process about you?

The categories of personal data we collect about you.

We here provide you with more detailed information about what personal data we collect. To allow for your general understanding of what happens with your data, we have also elaborated on data sharing or use; please note that you should also read subsections VI, VII and IX for a complete picture of your data use. Please also note that several descriptions can be applicable at the same time. For example, if you register a charge card or token with us (via my.newmotion.com, or in the app) and you also interact directly with us then the collection and use of data described at both specific subsections hereunder apply and might be combined in our databases.

Please find per type of interaction you have with NewMotion what personal data we collect. For your convenience we have divided the interactions across 5 types: Charge Card users, Charge Point Purchasers, Charge Point users, website and app users and direct interactions.

Charge Card Users:

Charge Card Users means every person that uses a charge card or charge token offered by or powered by NewMotion (“Charge Card”) to obtain access to a charge point. Charge Card Users interact with NewMotion by registration and use of the Charge Card.

Registration:

When you register a Charge Card with NewMotion or with Shell Recharge we collect your name, email address, Charge Card number, home address and payment details including bank account details or credit card details and whether you opt for public charging. In case the Charge Card is provided to you by a third party (such as a lease company, a fuel card provider or your employer) and/or a party which pays for the use of your Charge Card, said third party has registered this Charge Card on your behalf, sharing your Charge Card number with us.

Use a Charge Card:

When you use a Charge Card on a NewMotion operated connected Charge Point we additionally (to the registration data) collect your charge session details which are your Charge Card number, start/stop times, your electricity use, Charge Point ID, location of the Charge Point used. The same applies when you scan a QR code on a Charge Point and opt for downloading an app to create a myNewmotion account, in which case we only not will have a Charge Card number. When you use any other charge point, thus not operated by NewMotion but made accessible to you with a Charge Card we will only receive the charge session details listed in combination with your card number from the charge point operator. This enables us to identify you and invoice you for the charge session. If the Charge Card is provided to you by a third party who pays for your use of the Charge Card we share the charge session details listed with this party for billing and settlement purposes.

Charge Point Purchasers:

Charge Point Purchasers means every person buying a NewMotion operated charge point (Charge Point) in any way.

Buying:

When you buy one of our Charge Points, we will collect your name, home and/or installation address, email address, phone number and payment details. We use this data for billing and installation of the Charge Point. We share your name, installation address and - if needed to schedule an appointment directly with you - we will share your contact details with transportation, installation and maintenance service companies to have your Charge Point installed and maintained at the location you indicated to us.

Charge Point Users:

Registration:

Before you can start using a Charge Point we request you to register it in your myNewMotion account. When you register a Charge Point with us in your myNewMotion account, we collect your name, email address, home and/or installation address, Charge Point number (Charge Point ID) and payment details. If you have a connected Charge Point and you opt to use settings, please do read “Use of a Charge Point, Smart Charging” as well.

EV lease drivers:

Lease drivers do not purchase a Charge Point, but do have a Charge Point installed at their home address. In order to facilitate this NewMotion is provided with your name, contact details and car type by your lease company. NewMotions collects the information you provide in the intake with us regarding your Charge Point preferences and the specific home and fuse box details needed for correct installation. We share your name, installation address and if needed to schedule an appointment directly with you we will share your contact details with transportation, installation and maintenance service companies to have your Charge Point installed and maintained at the location you indicated to us.

Ad hoc Charging:

When you scan a QR-code displayed on a Charge Point to enable you to do Ad hoc Charging two options are presented to you. You can opt for charging with direct payment, in which case we only request you to provide us with your credit card details. NewMotion will only store the last four digits of your credit card number, the expiry data and the security code. Please know that a third-party payment provider will process your payment. The second option would be to download an app and create an account. The data collected will be the same as mentioned at Registration. All data stored is encrypted.

With charge card of another e-mobility service provider:

When you use a Charge Point (a NewMotion operated charge point) with a charge card or token not offered by or powered by NewMotion or Shell Recharge we will only collect your charge card ID (thus not your name), start/stop times, your electricity use, Charge Point ID and location of the Charge Point. These charge session data will be shared by us with your charge card provider for billing and settlement purposes.

Smart Charging:

When you are in the possession of a connected Charge Point at your home than you are presented with functionalities and settings of your Charge Point. First of all, we collect the data you provided when registering the Charge Point in your myNewMotion account. When you opt for reimbursement, we additionally collect the data regarding your electricity rates of your utility company as provided by you to reimburse you for the energy costs related to charging at home. The lease company and/or your employer will be invoiced for the costs of your charging sessions of the Charge Point at home showing your Charge Card number, start/stop times, your electricity use, Charge Point ID, location of the Charge Point used, this invoice will also show your use of your Charge Card when public charging is activated. When you opt for guest usage by which you enable other ev-drivers to use your Charge Point we collect the settings you chose. This can be paid guest usage by which you add a charging tariff or free guest usage. The setting of paid guest usages also allows you to create a group of Charge Point users in the possession of a Charge Card to charge at your Charge Point for free by adding the Charge Card numbers of these persons to your account. In that case we collect the Charge Card numbers for which you allow such. When you publish your Charge Point we will make the location and tariff settings of your Charge Point visible in our chargemap in the NewMotion and Shell Recharge app. Upon request of grid operating companies we might collect the power usages of your Charge Point at certain moments and share it with the grid operating companies on an anonymous and aggregated level for grid balancing purposes.

When you visit our website or download our Apps:

General:

If you use our applications for mobile devices, NewMotion collects your location data after your consent in order to make it possible for you to use the navigation option, to receive notifications on the charging, or to enable you to notify us about broken charge points. You can easily switch the location functionality off in our app if you want to withdraw your consent. Besides this your mobile device will automatically share certain data with NewMotion as the device interacts with the app

Exchanges by device:

When you visit our websites data is automatically collected by the technology platforms providing the experience. For example, your web browser or mobile device may share certain data with NewMotion as those devices interact with our website. This data includes device ID, network access, storage information and battery information, cookies, ip-addresses, referrer headers, data identifying your web browser and version and web beacons and tags.

MyNewMotion:

myNewMotion is the environment in which you create an account. This is accessible directly via my.newmotion.com, via our external websites and in the NewMotion or Shell Recharge app. When you use myNewMotion you create an account for which we collect the data mentioned with “Charge Card Use, registration” and “ Charge Point User”. When you use this account we also collect the timestamp of your last login.

Other applications:

NewMotion is continuously striving to offer the best and smartest charging solutions. To avoid an ongoing update of this privacy policy we also use application specific privacy policies. You will be informed on these privacy policies before said applications collect your personal data. As mentioned in the application specific privacy policies this privacy policy will form an integral part of the application specific privacy policies.

When you interact directly with us:

Newsletter and publications:

If you subscribed to our newsletter or other publications, we will collect your name and contact information so that we can send these to you. You can unsubscribe to this service at any moment.

Campaign or competition:

If you choose to enter campaign or competition, we ask for your personal data necessary to run the campaign, to announce the prize-winner(s) and to gauge the response to any marketing and to provide you ongoing marketing offers if you have agreed to receive these as part of your participation

Job applicants:

If you respond to a vacancy on our website, we ask for your details, including your resume. We use these details to evaluate your application and to communicate with you regarding that vacancy. We also use third party (software) providers for the processing of responses to our vacancies on our website.

Surveys:

If you participate in our surveys, we will collect your personal data as part of customer satisfaction research related to the products and services offered to you

Business data:

If you are a business customer, supplier, business partner or stakeholder NewMotion will process your private contact information (such as name, postal or e-mail address, and phone number) only if necessary. NewMotion will also process your business contact and other information (such as job title, department, name of organization and your dealings with NewMotion on behalf of yourself or the relevant business customer, supplier, business partner and/or stakeholder).

Other:

if you contact us by phone or email, we will collect the data you provide us with. Emails will be stored in our databases. Information provided and related to a follow up action from our end will also be stored in our databases.

IV. Screening

In addition, in order to comply with legal and regulatory obligations, to protect our assets and employees/contractors and specifically to ensure that we can comply with trade control, anti-money laundering and/or bribery and corruption laws and other regulatory requirements, we carry out screening (pre-contract and on a periodic basis post-contract) on owners, shareholders and directors of our Business customers, Suppliers and Business Partners. This screening takes place against publicly available or government issued sanctions lists and media sources.

The screening does not involve profiling or automated decision making in relation to the counter-parties or potential counter-parties.

V. Who is responsible for any personal data collected?

The New Motion B.V.
Rigakade 20
1013 BC
Amsterdam
The Netherlands

Our customer support team is available for you 24 / 7 at +31880109500 or via customerservice@newmotion.com

NewMotion’s privacy officer is part of the Shell Group Chief Privacy Officer Office at Shell International B.V. If you have any personal data related questions, you can contact the Shell Group Chief Privacy Office at privacy-office-Sl@shell.com

or please send an email to customerservice@newmotion.com with subject “privacy officer”.

VI. For what purposes do we process your personal data?

The purposes for which we process your personal data.

Under III. you can find the purpose of use per specific type of engagement with us. In general wordings we process personal data covered by this Privacy Policy for the following purposes:

Business execution including:

  • Researching, developing and improving products or services;
  • Concluding and executing agreements with you, which includes billing and settlement and informing you on functionalities or features related to the products and/or services you use;
  • Concluding and executing agreements with suppliers and business partners, in which case we will send your card number and information on your charging sessions to such party(ies) for payment settlement purposes .
  • Recording and settling services, products and materials to and from NewMotion; managing relationships and marketing such as maintaining and promoting contact with existing and prospective customers, account management, customer service, and development, execution and analysis of market surveys and marketing strategies.
    • NewMotion can use your charging data to advise on optimising charging behaviour with a view to battery preservation or lower charging fees including load balancing in case you opted in for this service. NewMotion can also use the charge card data to advise you on the type of subscription appropriate to your use.
    • NewMotion manages the data on charging activity in our own network and in third party networks, by Charge Point and by Charge Card. This data is used for the settlement of consumption. NewMotion also uses this data for market analysis and information purposes, with a view to improving our services and analyzing the need in relation to the network. The information collected in this way cannot be traced back to personal data.
    • If you use a Charge Point operated by NewMotion, NewMotion can use your charge session data for balancing the grid purposes. The journey to powering the e-mobility movement comes with challenges for the grid and grid operators. In order to fulfill its legal obligations and to determine which charge points can assist in complying with this legal obligations grid operators can request us to share the EAN-code related to your Charge Point (which is publicly available information) and the maximum power of the Charge Point at a certain moment. This data will be stored for 5 years by this grid operators. In case your Charge Point is selected to be part of the group of Charge Points functioning as a grid balancing unit, either NewMotion or the grid operator will inform you or contact you.

Organisation and management of the business including:

  • Financial management, asset management, mergers, de mergers, acquisitions and divestitures, implementation of controls, management reporting, analysis, internal audits and investigations.
  • Health, safety and security including protection of an individual’s life or health, occupational health and safety, protection of NewMotion and staff, authentication of individual status and access rights; or
  • Legal and/or regulatory compliance including compliance with legal or regulatory requirements including litigation and defence of claims. or for a secondary purpose where it is closely related, such as:
  • Storing, deleting or anonymising personal data;
  • Fraud prevention, audits, investigations, dispute resolution or insurance purposes, litigation and defence of claims; or
  • Statistical, historical or scientific research.

Communication and marketing:

If you have consented to receive communications from NewMotion (or if you have previously purchased goods/and or services from us and permitted by local law), you may receive offers that are tailored towards your preferences based on the information gathered about you from the various sources described above in order to provide you with better products and increasingly tailored services.

We may send you service updates and notifications without your advance consent only where such updates and/or notifications are necessary for the proper functioning of the NewMotion Apps or other services that you use.

You may receive pertinent offers and communications via different channels and you may update your subscription preferences via your personal profile settings anytime or use the unsubscribe functionality for the different digital channels.

VII. Why do we process your personal data?

We will only process your personal data where we have a lawful basis to do so.

The personal data covered by this Privacy Policy is only processed:

  • in order to take steps at the request of an individual prior to entering into a contract;
  • where it is necessary to comply with a legal or regulatory obligation to which the we are subject to;
  • where it is necessary for the purposes of the legitimate interests pursued by NewMotion, except where such interests are overridden by the interests or fundamental rights and freedoms of the individual/s; or
  • (only if legally required) with the explicit consent of the individual.

In those cases where processing is based on consent, and subject to applicable local law which provides otherwise, you have the right to withdraw your consent at any time. This will not affect the validity of the processing prior to the withdrawal of consent.

VIII. Security of your personal data

NewMotion is committed to safeguarding your personal data.

We have implemented technology and policies with the objective of protecting your privacy from unauthorised access and improper use. In particular, we may use encryption for some of our services, we apply authentication and verification process for access to NewMotion services and we regularly test, assess and evaluate the effectiveness of our security measures.

When you enter your credit card details, please be informed that a third-party payment provider will process your payment. NewMotion will only store the last four digits of your credit card number, the expiry data and the security code.

IX. Who will we share your personal data with?

Your personal data is exclusively processed for the purposes referred to above (or for a secondary purpose where it is closely related, for example such as storing it) and will only be shared on a strict need to know basis with:

  • Your personal data may also be shared with any company that is a member of our group of companies, which includes our ultimate parent company Royal Dutch Shell Plc, where necessary for internal administrative purposes, corporate strategy, auditing and monitoring, sanctions screening and research and development. For more information on how your personal data will be used for sanctions screening, please see the “What personal data do we process about you” section of this Privacy Policy.
  • We may also share your personal data with our group companies where they provide products and services to us that help us to provide products and services to you as our customer.
  • New Motion may also share your data within our group of companies to offer you promotions or to inform you about EV charging related products and/or services. This is based on your marketing consent preferences and in all cases any marketing material will be sent to you by New Motion only.
  • NewMotion may also share your personal data with our group companies for offering their loyalty program relating to charging to you based upon your freely given consent. Please be referred to the privacy statement of those group companies in case you require further information how they handle your personal data.
  • NewMotion may also share your personal data with our group companies to enable them to match this with other marketing databases within the group of companies based upon your freely given consent. Please be referred to the privacy statement of those group companies in case you require further information how they handle your personal data.
  • Authorized third party agents, service providers and/or subcontractors of NewMotion; and
  • A competent public authority, government, regulatory or fiscal agency where it is necessary to comply with a legal or regulatory obligation to which NewMotion or the relevant Shell company/companies is subject to or as permitted by applicable local law.
  • On request of a party, NewMotion can forward your data to such party if such party has a legitimate interest to obtain your personal data. Parties who pay for your charge sessions on your behalf might have such a legitimate interest. NewMotion and the requesting party will conduct a legitimate interest assessment to determine whether and which information is shared. The sharing of personal data in such case entails: the data provided by you at registration of the Charge Card and/or Charge Point including the settings for Smart Charging, the usage of the Charge Card and/or Charge Point, such as location of use, quantity of consumption and period of consumption. Please refer to the privacy notice of the relevant third party for information about how they handle your personal data.
  • Please do check III above as well, now your specific situation might also be mentioned there.

X. Transfers of your personal data to other countries

Your personal data may be transferred outside of your country, subject to appropriate safeguards.

Where the personal data is transferred to companies within NewMotion or Shell group and/or to authorized third party agents service providers and/or subcontractors who may be located in or outside of your location (including outside of the European Economic Area) we take organizational, contractual and legal measures to ensure that the personal data is exclusively processed for the purposes mentioned above and that adequate levels of protection have been implemented in order to safeguard the personal data.

These measures include Binding Corporate Rules for transfers among the Shell Group and European Commission approved transfer mechanisms for transfers to third parties in countries which have not been deemed to provide an adequate level of data protection as well as any additional local legal requirements. You can find a copy of the Shell Binding Corporate Rules at www.shell.com/privacy.html or by contacting privacy-office-SI@shell.com

XI. What are the consequences of not providing your personal data?

Personal data gathered by NewMotion for these processes either directly or indirectly is required in order to:

  • Fulfil legal requirements and/or which is required for entering into a contract with a counter-party and continuing to contract with that counter-party
  • Maintain contact with business customers, suppliers and business partners, visitors to the website and investors.

Failure to provide us with the information required will negatively affect our ability to communicate with you, or our ability to enter into a contract with a counter-party or continuing to contract with a counter-party.

XII. How long do we hold your personal data for?

NewMotion will only hold your personal data for a defined period of time.

Any personal data that is required for the purposes of conclusion and execution of agreements with (business) customers, suppliers and business partners will be held during the duration of the contractual relationship and up to 15 years after. For agreements which have a term of more than five years and for the purposes set out above these agreements will be held for 35 years with effect from the commencement of the agreement.

In all other cases for the purposes set out above, including personal data gathered which relates the screening against publicly available or government issued sanctions lists and media sources, such personal data is held for no longer than 15 years after it was first gathered.

In all cases information may be held for a) a longer period of time where there is a legal or regulatory reason to do so (in which case it will be deleted once no longer required for the legal or regulatory purpose) or b) a shorter period where the individual objects to the processing of their personal data and there is no longer a legitimate purpose to retain it.

XIII. Your rights in relation to your personal data

Your rights and how to exercise them.

We aim to keep our information about you as accurate as possible. You can request:

  • access to your personal data;
  • correction or deletion of the personal data (but only where it is no longer required for a legitimate business purpose such as completing a retail transaction);
  • that you no longer receive marketing communications;
  • that the processing of your data is restricted; and/or
  • that you receive personal data that you have provided to NewMotion, in a structured, digital form to be transmitted to another party, if this is technically feasible.

If you want to exercise one of these rights please contact NewMotion:

Our customer support team is available for you 24 / 7. +31880109500 at customerservice@newmotion.com

XIV. Who can I contact for more information?

If you have any issues, queries or complaints regarding the processing of your personal data or our way of handling your request, please contact NewMotion at: customerservice@newmotion.com with subject “privacy officer”. Please know that NewMotion’s privacy officer is part of the Shell Group Chief Privacy Officer Office at Shell International B.V.

You therefor also have the right to contact the Shell Group Chief Privacy Officer at:
Shell International B.V.
PO Box 162
2501 AN
Den Haag
The Netherlands

Trade Register, No. 27155369

Email: Privacy-Office-SI@shell.com

If you are unsatisfied with the handling of your personal data by NewMotion or by Shell, then you have the right to lodge a complaint to your own country’s data protection authority or the Dutch data protection authority at:

Autoriteit Persoonsgegevens
Postbus 93374
2509 AJ
Den Haag
The Netherlands

Website for more information: https://autoriteitpersoonsgegevens.nl/en

The contact details of other data protection authorities can be found here: https://edpb.europa.eu/about-edpb/board/members_nl

XV. Changes to this Privacy Policy

This Privacy Notice is updated over time.

This Privacy Policy may be changed over time. This Privacy Policy was last updated on 29 July 2020.