Privacy Policy

Effective April 23, 2021

This Privacy Policy (“Policy”) describes how Fisker Group Inc. and/or its affiliates (“Fisker” or “we”) collect, use, and share personal information, whether received directly from users (“User” or “you”), through our websites, mobile applications, or other methods. Sharing excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties. This Policy also describes your rights and choices regarding our use and sharing of your information, including how you can access and update such information. The Policy applies to all Fisker Property Users, whether you are a customer, casually browsing, or have registered with any of the processes or methods provided by the Fisker Properties. 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. Information we Collect

Fisker collects information that you provide to us, information that is automatically collected while you use the Fisker Properties, and, in some cases, information from other sources such as service partners and third-parties. The personal information that we collect depends on how you interact with us, but it includes, and is not limited to, viewing information, purchasing branded products, or future product offerings, and the choices you make.

A. Information you Provide

Fisker collects the information that you provide directly to us. The categories of information we collect may include the following:

Contact Information. Your contact information, including your first and last name, postal address, email address, and telephone number. If you engage with us on social media, we may also collect your user name and profile information.

Account Information. Account information such as your username and password, security question (if any), contact preferences, and other information that you may provide to us in relation to your account profile.

Transaction History and Payment Information. Payment information necessary to process your reservation, merchandise purchase, or other transactions, such as credit card number and additional payment or billing-related information. We rely on a secure payment processing vendor to handle credit card information.

Communications. Mutual communications, including the content of messages you send to us, such as feedback, product or future product offering reviews or comments, survey responses, rewards program, social media posts or messages, questions, or other information you may provide.

Rewards Program Information. If you participate in our Rewards Program, we collect referral information in order to track your points and rewards, and on occasion, details like mailing address, in order to send you rewards that you have earned.

Applicant Data. Information to consider any application for employment you may submit to us, including your employment and education history, resume and references.

Public Personal Information. Information from publicly available sources

When you are asked to provide personal information, you may decline. Note, however, that if you decline to provide necessary information, we may be unable to assist you. For instance, if you decline to provide payment information, we cannot process your reservation, or if you decline to provide certain employment information as part of your employment application materials, we may be unable to consider your application.

B. Information That is Automatically Collected

When you visit the Fisker Properties, we automatically collect information about your device and how it interacts with the Fisker Properties. The categories of information we collect about visitors may include the following:

• Device Details and Network Information. 

  Device details and network information is shared by your device and logged by our servers, such as type of device, hardware model, MAC Address, operating system, version, settings, configuration, network-related information (for example, IP address, mobile network provider, etc.), and other similar information. Our websites and online services also store and retrieve data using cookies set on your device.

• Digital Activity and Usage Patterns. 

  Information when you are connected to Fisker Properties, such as access times, pages visited on our site and activity, app features you engage with, content viewed, the website you visited immediately before and after Fisker Properties.

• Device and Mobile Location. 

  Device and mobile location when you use Fisker Properties, depending on your device and app settings

You may use app or device controls to prevent certain types of automatic data collection.

We and our online and email advertisers or other third-party vendors we use may provide cookies, pixel tags, web beacons, clear GIFs or other similar technologies for use on Fisker Properties or other websites to manage and improve our online and email advertising campaigns. Cookies and similar technologies can help us automatically identify you when you return to Fisker Properties. These tools help us review website traffic patterns and improve the website, and determine what parts of the site are popular or have problems. We can also use such information to deliver customized content and advertising to users whose behavior indicates that they are interested in a particular subject area.

• Cookies. 

  A cookie is a small amount of data that often includes an anonymous unique identifier that is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies are used to provide a tailored user experience and to make it easier to use a website upon a future visit.

• Tags. 

  We may use “pixel tags,” (also known as “web beacons,” “single-pixel GIFS,” or “web bugs”) to tell us what parts of our website you visited, to measure the effectiveness of searches users perform on Fisker Properties and for other purposes. Pixel tags also inform us whether emails have been opened, to help ensure that our messages are of interest to recipients.

• Click-Throughs. 

  We may send emails that use a “click-through URL” linked to content on Fisker Properties or other websites. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our communications. If you prefer not to be tracked simply do not click text or graphic links in the email.

• Online Advertising. 

  We use third-party ad partners for the serving and/or targeting of ads, promotions, and other marketing messages. These third parties may place or utilize their own cookie on your browser and may use information about your visit, such as the number of times you have viewed an ad, in order to serve you with advertising in the future about us or other brands.

We use the following cookies. See the full list of cookies here.

Your Choices Regarding Cookies. You can limit our collection and sharing of certain information via cookies by updating your preferences here.

• Click 

  • European users may learn more information about their online choices at 

    www.youronlinechoices.com

     and to view their opt-out choices for certain advertising.

  • Many web browsers accept cookies by default. You can change your browser settings to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.

  • There are online tools available for clearing all cookies left behind by the websites you have visited, such as 

    www.allaboutcookies.org

  here

   to view Google Analytics opt-out choice.

If you choose not to provide or allow information that is necessary for certain products, future product offerings, or features, those products, future product offerings, or features may not be available or function correctly.

C. Information from Other Sources

In addition to information we collect from you and your devices, we may obtain information from others, when you direct them to share information with us and also in the following cases:

• Affiliates. 

  We may share and receive personal information among Fisker and its affiliates.

• Third-Party Vendors, Service Providers, or Suppliers. 

  We may receive contact information or other personal information from vendors or agents with whom we work together or that are working on our behalf for the purposes described in this Policy. For example, we may receive information from advertising companies and data analytics companies for purposes described in this Policy.

• Courts, regulatory agencies, and others. 

  We may receive personal information from courts, regulatory agencies, or other organizations for legal compliance purposes, including but not limited to protect your safety or the safety of others, to protect Fisker’s or others’ rights, to investigate fraud, and/or to meet our tax reporting obligations.

• Parties to Corporate Transactions. 

  We may receive personal information as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or at transfer, divestiture, or sale of all or a portion of business or assets.

• Publicly-Available Sources. 

  We may obtain demographics and other data from publicly-available sources, such as open government databases or other data in the public domain.

• Combination of Information Sources. 

  We may combine personal information you provide to us, information from your devices, information about you we receive from others, information we generate about you, or other sources.

We also collect information in a form that cannot reasonably be linked back to you. That information is not covered under this Policy.

2. How We Use Information We Collect

We may use personal information for a variety of purposes, including to offer our products, future product offerings and services; facilitate a reservation or other transaction; ensure compliance with regulatory requirements and applicable law, and; ensure compliance with our internal compliance procedures. In some cases, we will ask for consent so that we may process personal information. However, in certain circumstances, applicable data protection laws allow us to process personal information without the need to obtain your consent. Subject to applicable law, separate consent is not required for:

Legitimate Interests. To operate our organization and provide our products, future product offerings, and services, other than in performing our contractual obligations to you, for our legitimate interests for the purposes of applicable law, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal information. Our legitimate interests may include processing:

• Pursuant to legal process or to comply with laws, regulators, court orders, or other legal obligations, and to comply with our internal compliance procedures;

• To protect the confidentiality or security of information;

• For fraud prevention, loss prevention, and other crime prevention purposes;

• To assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights and property, or the rights or safety of third-parties; and/or

• To enforce our agreements with you or agreements with third-parties

Performance of a contract. To perform our contractual obligations to you or to take steps in response to information or inquiries you may submit before entering into a contract with us.

To protect data subjects’ vital interests. To protect your and other person’s vital interests.

3. How We May Disclose Information

We may share your personal information as described in this Privacy Policy, including but not limited to, the following:

• Affiliates. 

  We may disclose some or all of your personal information to our subsidiaries, joint ventures, and other companies under our common control, for the purposes described in this Policy.

• 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 request 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 in.

• 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.

  • Sharing excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

4. Your Rights and Choices

In addition to your choices regarding Cookies noted above, you have a number of choices with respect to how your information is used.

A. Marketing Communications

You may opt out of Fisker marketing emails by clicking “unsubscribe” at the bottom of any email. Please note that we may still send you important administrative and safety messages even if you opt out of receiving marketing messages.

By providing a cell phone number to us, you consent to receive promotional-related text messages or other Fisker-related messages that may be sent using automated means from or on behalf of Fisker. Your consent to receive these messages is not a condition of any purchase. If you would like to stop receiving promotional-related or automated text messages from us, simply reply “STOP” to the text message you received.

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

California residents may have certain privacy rights under state law.

Right to Know. California residents have the right to know certain information about a business’s data practices in the preceding 12 months. In particular, you may have the right to request the following from us:

• The categories of personal information we have collected about you;

• The categories of sources from which the personal information was collected;

• The categories of personal information about you that we have disclosed;

• The categories of third-parties to whom the personal information was disclosed;

• The business or commercial purpose for collecting or selling personal information; and

• The specific pieces of personal information we have collected about you.

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, 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 cookie preferences here.

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

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.

C . General Data Protection Regulation (GDPR) Disclosure

Individuals in the United Kingdom and European Economic Area and certain other jurisdictions may have certain rights under applicable law, including the GDPR, which include the right to request confirmation from us about whether or not we are processing your personal information. Where we are processing your personal information, subject to applicable law, you also have the right to:

• Request access to, modification or rectification, or deletion. Data subjects have the right to request access to, modification of, or deletion of the personal information we maintain.

• Request restriction of processing. You have the right to request that we restrict the processing of your personal information in certain circumstances, such as where you believe that the personal data we hold about you is inaccurate or our processing is unlawful.

• Object to processing. In certain circumstances, you may have the right to request that we stop processing your personal data.

• Data portability. In certain circumstances, you may have the right to receive the personal information concerning you or to request that we transmit your personal information to another data controller.

• Withdraw Consent. Where consent is the basis of processing and provided that we are not required by applicable law or professional standards to retain such information, you may at any time withdraw consent.

• Lodge a Complaint. You have the right to lodge a complaint with a supervisory authority.

To exercise your rights under GDPR, contact us at privacy@fiskerinc.com. As permitted or required by law, certain data elements may not be subject to access, modification, portability, restriction, and/or deletion. Furthermore, where permissible, we may charge for this service. We will respond to reasonable requests as soon as practicable and as required by law. Note that applicable law may limit the number of request you can submit in a particular period of time. To protect privacy and security, we may take steps to verify an individual’s identity before responding to his or her 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. Cross-Border Data Transfers

Our products and services are controlled and operated from 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 in which we engage service providers. Those countries may not have the same data protection laws as the country in which 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.

7. Data Security

We endeavor to maintain reasonable administrative, technical, and physical safeguards designed to protect the personal information we maintain against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. However, we cannot ensure the security of any information you transmit to us, or guarantee that this information will not be accessed, disclosed, altered, or destroyed. 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.

8. 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.

9. 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.

10. 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.