Privacy Policy | Your Privacy Is Important To Us | Fisker, Inc.

Privacy Policy

Effective May 5, 2023

(Revision v3.0)

This Privacy Policy (“Policy”) describes how Fisker Group Companies, including Fisker Group companies ( Fisker Group Inc, Fisker Canada Ltd., Fisker GmbH (Austria), Fisker GmbH (Germany), Fisker Denmark Aps, Fisker France SAS, Fisker Norway AS, Fisker Sweden AB, Fisker (GB) Ltd. (“Fisker”) collects, uses, shares and protects the personal data, whether received directly from users (“User” or “you”) and / or through our websites mobile applications, social media networks, interactive features and the use of our products, and services (“Fisker Property).

This Policy provides a clear description to all Fisker Property Users, as to the rights and choices regarding our use and sharing of your personally or non- personally identifiable information about you and/or your connect vehicle, , including how you can access and update such data . By providing information to us, accessing, or using Fisker Properties, you agree to be bound by this Policy. This Policy should be read in conjunction with our Terms of Use. Any capitalized terms used herein that are not defined are defined in the Terms of Use.

1. The personal data collected by Fisker

For the purposes of this privacy policy, Personal Data means information that may relate to identify you or that is capable of associating your identity. The Personal Data collected by Fisker can be either directly provided by you, collected automatically or from other third-party sources. Depending on your relationship and/or interactions with Fisker, the below categories of personal data is collected, processed, and shared for specified, explicit and legitimate purpose.

ScenariosType of information collected and processedLegal Bases
When you visit our website/mobile appInternet activity information such as search history, browsing history, region, IP address, device type, operating system, pixel tags, cookies, and other tracking technologiesBased on consent, contract, or legitimate interest to optimize the user experience of our website and/or mobile app.
When you request for information and/ participate in customer survey, referral programIdentification data such as first & last name, e-mail, phone number, Postal addressBased on consent, contract, or legitimate interest to communicate and manage the contact request.
When you become Fisker customer Product or service order information such as credit card, delivery address, vehicle trade-in information, driver’s licenseBased on contract to take steps prior to entering into an agreement and complying with contractual and payment obligation.
From Third Party Service ProvidersCommercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.Based on legitimate business interest for business operation.

We may share your personal and non-personal vehicle information as described in this Privacy Policy, with

  • Affiliates - We may disclose some or all of your personal information to our subsidiaries, joint ventures, and Fisker Group Companies other companies under our common control.

  • Pursuant to Legal Process - We may also disclose personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful requests for information we receive, or as otherwise pursuant to legal process.

  • Protection of Rights and Interests - We may also use and disclose personal information to establish or exercise our legal rights, to enforce our agreements, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

  • Business Transactions - Subject to applicable law, we reserve the right to transfer some or all personal information in our possession to a successor organization in the event of a merger, acquisition, bankruptcy, or other sale or transfer of all or a portion of our assets. If any such transaction occurs, the purchaser will be entitled to use and disclose the personal information collected by us in the same manner that we can, and the purchaser will assume the rights and obligations regarding personal information as described in this Policy.

  • Vendors - We employ other companies to perform functions both on our and your behalf, such as website monitoring and hosting, maintaining and securing the Properties, sales and order fulfillment, product repairs and maintenance, customer service, credit card processing, IT services, online and offline advertising, analytics, sending and responding to electronic mail, and other functions necessary to support Fisker Properties and the products, future product offerings, and services that we offer.

  • Third Parties - Where permitted by applicable law or where you have agreed, we may share your name and email with select third parties whose products or services we think you may be interested.

  • Rewards Program or Other Promotions - If you choose to participate in our Rewards Program or a promotion sponsored by Fisker, we may share your personal information with third parties (including, without limitation, a co-sponsor) or the public in connection with the administration of such promotion, and as required by law or permitted by the Rewards Program or other promotion’s terms or official rules (such as on a winners list).

  • De-identified Data - We may share de-identified information under applicable law.

4. Your Rights and Choices

A. EU General Data Protection Regulation (GDPR)

Under applicable data protection laws, as a data subject, you have right of access, right to rectification, right to be forgotten, right to restriction of processing, right to data portability, right to object to processing of personal data.

  • Right of Access - Data subjects have the right to request access to the data we hold about you at any time. This information includes, but is not limited to, the categories of data we have processed, the purposes for which we have processed this data, the origin of the data if we did not collect it from you directly, and, if applicable, the recipients to whom we have transferred your data. You can request a copy of your data free of charge. If you are interested in obtaining additional copies, we reserve the right to charge you accordingly.

  • Right to Rectification - The data subject have the right to obtain from the us without undue delay the rectification of inaccurate personal data concerning him or her. Considering the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

  • Right to Erasure – The data subject have right to obtain from us the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

    • The data is no longer required for the purposes for which it was collected or otherwise processed;

    • Your consent, which is the basis of data processing, is revoked and there is no other legal basis for the processing;

    • You object to the processing of your data and there are no overriding legitimate grounds for processing, or you object to the processing of data for direct marketing purposes;

    • The data was processed unlawfully, unless processing is necessary

    • to ensure compliance with a legal obligation that requires us to process your data;

    • particularly with regard to legal retention periods;

    • to enforce, exercise, or defend legal claims.

  • Right to Restriction of processing - You have the right to request that we restrict the processing of your personal information in certain circumstances, such as :

    • You dispute the accuracy of the data for the period of time that we need to verify the accuracy of the data;

    • The processing is unlawful but you refuse the deletion of your data and instead demand a restriction of use;

    • We no longer need your information but you need it to enforce, exercise, or defend legal claims;

    • You have lodged an objection against processing as long as it is not clear whether our justified reasons outweigh yours.

  • Right to Object - In these circumstances, you may have the right to request that we stop processing your personal data:

    • If the data processing is based on your consent

    • If the processing is based on our legitimate interests or those of a third party.

      We may still continue to process your data, in the event that we can provide legitimate reasons that outweigh your right or that we may need your data to enforce, exercise or defend legal claims.

  • Data portability

    • You have the right to transfer your personal information to another controller in a machine-readable format, if such personal data was processed by us based on a contract or your consent.

If you wish to invoke your data subject rights, please e-mail to privacy@fiskerinc.com. We make all efforts to comply with all requests within 30 days. However, this timeline may be extended, or we may be unable to provide information about your data for reason relating to the specific subject right or complexity of your request or legal requirements, in such cases, we will inform you with any such information.

If you believe that your rights were not addressed properly, you are entitled to file a complaint with a competent data protection supervisory authority (in particular in the EU Member State of your habitual residence, place of work or alleged infringement) if you believe we have not complied with applicable data protection laws. The Bavarian data protection authority (Bayerisches Landesamt für Datenschutzaufsicht) is responsible for complaints against Fisker GmbH.

B. California Consumer Privacy Act (CCPA) Privacy Rights and Disclosures

California residents have the Right to Know rights under the CCPA to request to disclose what personal information that we collect, use, disclose and sell, in the preceding 12 months.

  • Right to Delete - If you are a California resident, you may request that we delete your personal information. Note that deletion requests are subject to certain limitations. For example, we may retain personal information as permitted by law, such as for tax or other record-keeping purposes, to maintain an active Account, and to process transactions and facilitate customer requests.

  • Right to Opt-Out of Sale - If you are a California resident, you may request that we not disclose your personal information to third parties. Please note that we may continue to share your personal information with our affiliates and service providers and for essential purposes described above and other such circumstances. To the extent “sale” is interpreted under the CCPA to include advertising technology activities such as those disclosed in the cookies and analytics and advertising sections as a “sale,” we will comply with applicable law as to such activities. You may update your preferences through the cookie consent banner that may appear at the bottom of Fisker websites.

  • Right to Non-Discrimination - You have the right not to receive discriminatory treatment in terms of price or services for exercising any of your CCPA rights.

  • Exercising Your Rights - If you are a California resident and the CCPA applies to you, you can submit a consumer request by emailing us at privacy@fiskerinc.com. In your request, please specify the type of request you are making, and provide your name and email. We will verify your request by contacting you via email and respond substantively within the timeframe permitted by law.

  • Authorized Agent - California residents may designate an authorized agent to submit requests on your behalf. We will require written proof of the agent’s permission to do so and verify your identity directly with you. Please provide written proof via email to privacy@fiskerinc.com. Shine the Light. California Civil Code Section 1798.83 permits California residents to request information regarding the disclosure of your personal information by Fisker to third parties for the third-parties direct marketing purposes. For these entities, this privacy policy applies only to their activities within the State of California. To make such a request, please contact us through our online form or by email at privacy@fiskerinc.com and specify you are making a “California Shine the Light” request.

5. Privacy of Children

Fisker Properties are intended for persons age 18 and older. We do not knowingly collect personal information from minors under 18 years of age. We will delete any personal information later determined to be collected from such individuals.

6. Cookie Policy

We use cookies to optimize and continuously improve our website for individual users visiting our website.

What is a Cookie?

 A cookie is a small file that stores Internet settings. Almost every website uses cookie technology. It is downloaded by your Internet browser on the first visit to a website. The next time this website is opened with the same user device, the cookie and the information stored in it is either sent back to the website that created it (first-party cookie) or sent to another website it belongs to (third-party cookie). This enables the website to detect that you have opened it previously with this browser and in some cases to vary the displayed content.

Depending on their function and intended purpose, cookies can be divided into four categories: essential cookies, performance cookies, functional cookies, cookies for marketing purposes.

Strictly necessary cookie – No consent requiredNon-essential cookie – Consent required
Essential cookies, are "strictly necessary" cookies, ensure functions without which you would not be able to use this website as intended. These cookies are also referred to as first-party cookie, that saves your decision about the use of cookies on our website. Your consent is not required for the use of essential cookies using this website, but you can disable cookies in your browser at any time.The non-essential cookies like the performance cookies, functional cookies and marketing cookies require your consent. It is to be noted that these non- essential cookies like performance and functional cookies enable convenient surfing of our website and if you disable your consent to use these non-essential cookies, functions like pre-completed forms will no longer be available.

Fisker also integrates with social media cookies from third-party advertisers in its website. Cookies of this type save date anonymously. The data collected from using these plug-ins are used to recognize whether the user of our website is connected parallel with the social media account to enable the sharing of our website content on the social media platforms.

You can update your cookie preference through the cookie consent banner that may appear at the bottom of Fisker websites.

7. Cross-Border Data Transfers

Our products and services are controlled and operated in the United States. Information from or about you or your use of our products or services may be stored and processed in any country where we have facilities or where we engage service providers. Those countries may not have the same data protection laws as the country where you initially provided that information. When we transfer information from or about you or your use of our products or services to other countries, we will protect it as described in this Privacy Policy. By using our products or services or otherwise providing information to us, you consent to the transfer of information from or about you or your use of our products or services to countries outside of your country of residence, including the United States.

If you are located in the EEA, UK, or Switzerland, we comply with applicable legal requirements for the transfer of personal information to countries outside of the EEA, the UK, or Switzerland. In particular, Fisker has entered into Standard Contractual Clauses issued by the European Commission where appropriate.

8. Cybersecurity & Data Protection

Cybersecurity and data protection is governed from the highest levels of the company. Oversight responsibilities for these programs and risks are provided by the Fisker Board of Directors (“Board”) and delegated to its executive steering councils and the Chief Information Security Officer (CISO). The corporate cybersecurity management team drives cybersecurity and data protection functions across all areas of the business and is accountable to the Board.

We use commercially reasonable administrative, technical, and physical safeguards designed to protect the personal information we maintain on your behalf against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure, or use.

In the event of any security incident, we will make any legally required disclosures in the event of any compromise of personal information. To the extent the law allows us to provide such notice via email or conspicuous posting on the Services, you agree to accept notice in that form.

Cybersecurity and Data protection policies are regularly reviewed to keep up with the changing threat and regulatory landscape. Independent audits and risk assessments are performed periodically to ensure safeguards supporting these policies remain effective and efficient.

9. Data Retention

We will retain your personal information for as long as you maintain an account or have a contractual relationship with us, or for as long as necessary to provide the products, future product offerings, or services, or for such longer period as may be required or permitted by applicable law. We will also retain personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

10. Modifications to This Policy

We reserve the right to modify this Policy at our discretion, and changes will be effective when we post the revised Policy. Use of the Fisker Properties after posting will be understood as consent to the updated Policy, to the extent permitted by law.

11. Contact Information

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us at privacy@fiskerinc.com.