Xos Inc. Privacy Policy

Last modified: January 1, 2023

1. Introduction, Scope and Applicability

This Privacy Policy describes how Xos collects and uses Personal Information about you through the use of our Services, including through email, text, and other electronic communications between you and XOS, as well as any offline communications between you and Xos.

Xos, Inc. (“Xos,” “we,” “our,” or “us”) respects your privacy, and we are committed to protecting it through our compliance with this policy.

This Privacy Policy (our “Privacy Policy” or “Policy”) describes the types of information we may collect (1) from you or that you may provide when you visit our website and its subdomains, or utilize our online services, mobile applications, or technology platforms; (2) from you when you use a Xos vehicle; (3) from one or more Xos vehicle(s); (4) through our vehicle telematics platform if you and/or your employer elect to use our telematics platform; and (5) from you when you communicate electronically with any Xos personnel, including, but not limited to, Xos customer experience representatives and Xos sales representatives (collectively our, “Services”). Additionally, this Policy describes our practices for collecting, using, maintaining, protecting, sharing and disclosing that information.

This Policy applies to information we collect:

through our Services;
by telephone, email, text, and other electronic messages between you and us;
when you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this Policy;
from your Xos vehicle;
through our vehicle telematics platform; and
through information provided by you to Xos at an offline location or event or through any other offline format.

It does not apply to information collected by:

any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Services and that display a privacy policy other than this Policy.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

2. Children Under the Age of 16

Our Services are not intended for children under 16 years of age. No one under age 16 may provide any information to or through the Services. We do not knowingly collect Personal Information from children under 16. If you are under 16, do not use or provide any information on our Services through any of their features, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 16, please contact us at support@xostrucks.com or 855.909.4407.

3. Information We Collect About You and How We Collect It

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

Generally

We may collect several types of information from and about users of our Services (collectively, “Personal Information”):

By which you may be personally identified, such as your name, preferred name, postal address, email address, unique personal identifiers (such as device identifiers, cookies, beacons, pixel tags, mobile ad identifiers and similar technology), telephone number, online identifier, Internet Protocol address, email address, Social Security number, driver’s license number, passport number, date of birth, signature, physical characteristics or description, state identification card number, insurance policy number, bank account number, credit card number, debit card number, other financial information (for payment purposes only), company name, state of operation, fleet size, and type of vehicle (step van, box truck, etc.).
Biometric information that can be used, singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template or a voiceprint, can be extracted, and keystroke patterns or rhythms that contain identifying information.
Online activity, such as your browsing history, search history and information regarding your interaction with a website, application or advertisement.
Geolocation data that indicates your precise location.
Sensory data, such as audio and visual information that we may obtain if you use video platforms in connection with our Services. If you visit, work or perform services in our facilities or facilities in which we operate, your entry, exit and actions in or around those facilities may be monitored by CCTV.
Inferences drawn from any of the Personal Information listed above to create a profile or summary about an individual’s preferences and characteristics.
Sensitive personal information as defined in the CPRA.

Please refer to Information You Provide to Us and Information We Collect Through Automatic Data Technologies, below for additional information and details about the types and categories of information we collect. We collect this information from various sources and in various manners:

directly from you when you provide it to us, whether electronically or offline;
automatically as you use our Services. Information collected automatically may include usage details, IP addresses, your Internet activity while on our website and others (e.g., pages viewed, clicks, scrolling and mouse-overs) and other information collected through cookies, pixels, web beacons, session replay software and other tracking technologies; and Information about your computer and internet connection, i.e. your IP address, unique device identifier, unique advertising identifier, operating system, and browser type. From third parties, for example, our business partners; and
through our vehicle telematics platform and any sensors either in Xos vehicles, or applied to operators of an Xos vehicle.

Please refer to Information You Provide to Us and Information We Collect Through Automatic Data Technologies, below for additional information and details about when and how we collect information.

Information You Provide to Us

The information we collect on or through our Services is:

Personal data such as the data identified above.

Information that you provide by filling in forms whether electronically or offline. This includes information provided at the time of registering to use our Services, posting material, purchasing products, or requesting further services. We may also ask you for information when you report a question regarding a problem with our Services.
Records and copies of your communications and correspondence (including email addresses), if you contact us or otherwise communicate with us.
Your responses to surveys that we might ask you to complete for research, development and marketing purposes.
Details of transactions you carry out through our Services. You may be required to provide financial information before placing an order with us.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about you and your vehicle, equipment, browsing actions, and patterns, specifically:

Usage Details. Details of your visits to our Services, such as traffic data, location, logs, referring/exit pages, date and time of your visit to our Services, error information, clickstream data, and other communication data and the resources that you access and use on the Services.
Device Information. Information about your computer, vehicle telematics equipment, mobile device, and Internet connection, including your IP address, operating system, browser type, and browser version information.
Driver Monitoring System. Information about drivers of Xos vehicles, including things such as facial movements.
Location Data. Information about your location and the location of the Xos vehicle.
Vehicle Telematics Data. Information regarding the performance, usage, operation, and condition of your Xos vehicle, including: vehicle identification number; speed information; odometer readings; battery use management information; battery charging history; electrical system functions; software version information; infotainment system data; safety-related data and camera images; information regarding the vehicle’s supplemental restraint system (SRS) system (air-bag system), braking and acceleration, security, e-brake, and accidents); short video clips of accidents; information regarding the use and operation of certain Xos features; and other data to assist in identifying issues and analyzing the performance of the vehicle. We may collect such information either in person (such as during a service appointment) or via remote access.
Remote Analysis Data. We may be able to dynamically connect to your Xos vehicle to diagnose and resolve issues with it, and this process may result in access to personal settings in the vehicle (such as contacts, browsing history, and navigation history). This dynamic connection also enables us to view the current location of your vehicle.
Safety Analysis Data. In order to help improve our products and services, we may collect and store other vehicle data, including: data about accidents or near accident-like circumstances involving your Xos vehicle (e.g., air bag deployment, camera sensor data and images, and other recent sensor data); data about remote services (e.g., remote lock/unlock, start/stop charge, and honk-the-horn commands); a data report to confirm that your vehicle is online together with information about the current software version and certain telematics data; vehicle connectivity information; data about any issues that could materially impair operation of your vehicle; data about any safety-critical issues; and data about each software and firmware update. We may collect such information either in person (such as during a service appointment) or via remote access.
Service History. In order to facilitate the servicing of your Xos vehicle, we may collect and process data about the service history of each Xos vehicle, such as the customer’s name, vehicle identification number, repair history, any outstanding recalls, any bills due, any customer complaints, and any other information related to its service history.
Charging Information. We may collect information regarding the charge rate and charging stations used by you (including use of superchargers, as well as home or commercial outlets) in order to, for example, analyze which charging stations are being utilized, how long and efficient battery charges are, where additional charging stations are needed, and in some jurisdictions, may participate in government fuel standard programs.

The information we collect automatically may include Personal Information or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. This helps us to improve our Services and to deliver a better and more personalized service by enabling us to:

estimate our audience size and usage patterns;
improve our product and services offering;
store information about your preferences, allowing us to customize our Services according to your individual interests; and,
recognize you when you return to our Services.

The technologies we use for this automatic data collection may include:

Xos Vehicles. Xos vehicles are equipped with equipment, software and related technology that collects data as described elsewhere in this Privacy Policy.
Cookies (or browser cookies). We and our service providers may use cookies, web beacons, pixels, pixel tags and other technologies to receive and store certain types of information whenever you interact with our Services through your computer or mobile device. A “cookie” is a small piece of data sent from a Services and stored on the user's computer by the user's web browser while the user is browsing. Cookies are used to store your preferences and settings, help authenticate your Xos account and enable you to sign in, provide interest-based advertising, combat fraud, analyze how our vehicles and Services perform, personalize your experience and the content you see on our website (such as by displaying vehicles you have previously viewed or searched for or by conveniently auto-filling data fields in online forms), and fulfill other legitimate purposes. On your computer, you may refuse to accept browser cookies by activating the appropriate setting on your browser, and you may have similar capabilities on your mobile device in the preferences for your operating system or browser.
Pixels and Web Beacons. Pages on our Services, or our emails, may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related Services statistics (for example, recording the popularity of certain content and verifying system and server integrity).
Website Analytics. We use web analytics tools and services provided by third party service provider, such as Google, to collect certain information relating to your use of our Services. These tools and services cookies are text files placed on your computer to help analyze how users use the site. For examples and additional information you can review “How Google uses data when you use our partners' sites or apps”, (located at www.google.com/policies/privacy/partners/). As described more fully elsewhere in this Policy, we may also use marketing and advertising services from third party social media providers and ad networks, such as Facebook, Instagram, Google and other advertising networks to provide you with targeted or interest-based advertising based on your online activity.

4. How we use your information

We use your Personal Information for various purposes described below, including to:

provide our Services to you;
provide products and services to you;
provide you with information you request from us;
enforce our rights arising from contracts;
notify you about changes; and
provide you with notices about your account.

We use information that we collect about you or that you provide to us, including any Personal Information:

to present our Services and related content to you;
to provide our products and services to you;
to provide you with information, products, or services that you request from us or that may be of interest to you;
to process, fulfill, support, and administer transactions and orders for products and services ordered by you;
to provide you with notices about your Xos account;
to contact you in response to a request;
to administer quizzes and surveys;
to fulfill any other purpose for which you provide it;
to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
to notify you about changes to our Services, or any products or services we offer or provide though them;
we may use your information, including vehicle identification number or other product serial number, to verify identity, assist with your request, and to determine appropriate services. For example, we may use the vehicle identification number to determine which product you may need assistance with;
Xos may use or share non-personally identifiable information for any purpose, such as for operational or research purposes, for industry analysis, to improve or modify our products and services, to better tailor our products and services to your needs, and where legally required;
to analyze and improve the safety and security of our products and services;
for our business purposes, such as data analysis, audits, fraud monitoring and prevention, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities;
to monitor your Xos vehicle’s performance and provide services to your product;
to advise you of important safety-related information about your Xos vehicle or to notify first responders in the event of an accident;
from time to time, we may send administrative information to you, such as information regarding our products and services, and changes to our terms, conditions, and policies;
in any other way we may describe when you provide the information; and
for any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you, including through newsletters. If you wish to opt-out of receiving such communications, you may do so at any time by clicking unsubscribe at the bottom of these communications. For more information, see Choices About How We Use and Disclose Your Information.

We may de-identify your Personal Information so that it no longer reasonably identifies you. In this case, we may use this de-identified data without restriction and for any purpose, including to improve our Services.

5. Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Information for purposes other than those outlined in this Privacy Policy. We disclose your Personal Information to a few third parties, including:

our affiliates and third party service providers that we use to support our business;
to a company we merge with, acquire, or that buys us, or in the event of change in structure of our company of any form;
to comply with our legal obligations;
to affiliates and third parties for their own commercial purposes;
to enforce our rights; and
with your consent.

We may share or disclose Personal Information that we collect or you provide as described in this Privacy Policy:

To affiliates, contractors, service providers, and other third parties we use to support our business. The services provided by these organizations include providing IT and infrastructure support services, advertising, marketing, and payment processing services. Advertising and marketing partners such as Facebook, Instagram, Google and other advertising networks may receive and use your Personal Information to assist us with our advertising and marketing efforts.
With repair estimate providers and any insurance company to enable Xos or third party service center or providers to perform services on your vehicle such as repair or maintenance. When you request Xos to perform certain services, we share limited information about you and the vehicle with these parties to help provide you with an accurate repair estimate and to facilitate payment. Repair estimate providers may use this information in the aggregate to create and publish industry analytics;
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Xos about our Services users are among the assets transferred;
With other third party business partners to the extent that they are involved in the purchase, lease, or service of your Xos products. We share limited information from or about you or your Xos products to allow you to take advantage of those services if you elect to utilize them, with such partners as finance institutions, leasing, registration, title companies, electric utilities, permitting authorities and insurance companies;
To fulfill the purpose for which you provide it;
For any other purpose disclosed by us when you provide the information;
With your consent.

We may also share or disclose your Personal Information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
With your employer or other fleet operator or the owner of the Xos product, if you do not directly own it and as authorized under applicable law;
In some jurisdictions, Xos participates in government programs relating to environmental standards or the promotion of renewable fuel to reduce carbon emissions. Xos’s participation in such programs assists Xos to scale investments and accelerate the development of Xos’s charging infrastructure network. Participation in some programs may require that Xos share certain limited vehicle information and charging statistics with government or regulatory agencies as dictated by the terms of these programs, which may include your vehicle identification number and aggregated data that includes information about vehicle charging;
To related affiliates and to unrelated third parties to market or advertise their products or services to you if you have not opted out of these disclosures. Facebook, Instagram, Google and other advertising networks may have the ability to use your Personal Information for their own marketing, advertising or business purposes. For more information about your opt-out rights, see Choices About How We Use and Disclose Your Information;
To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; and
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Xos, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

6. Choices About How We Use and Disclose Your Information

We offer you choices about how we use your Personal Information. We do not control the collection and use of your information collected by third parties.

We provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to give you with control over your Personal Information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Services may be inaccessible or not function as intended.
Promotional Offers from Xos. If you do not wish to have your email address used by Xos to promote our products and services, you can opt-out at any time by clicking the unsubscribe link at the bottom of any email or other marketing communications you receive from us. This opt out does not apply to information provided to Xos as a result of a product purchase, or your use of our Services.
Disclosure of Your Information to Affiliates and Third Parties. As described above, by using our Services you consent to our sharing of your Personal Information with our affiliates and third parties for their marketing or advertising purposes. If you wish to opt-out of such sharing and/or limit the use of certain Personal Information, please visit our website at xostrucks.com and click on the “Do Not Sell or Share My Personal Information” and/or the “Limit the Use of My Sensitive Personal Information” link.
Tracking and Targeted Advertising. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org). Please note that if you choose to opt out, you may continue to see ads, but they will not be based on your online activity. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

7. Your Rights Regarding Accessing, Deleting, Correcting, or Limiting the Use of Your Personal Information

You may contact us at any time to request that we delete, correct, or limit the use of your Personal Information. You also have a right to request information about our collection and use of your Personal Information over the last twelve (12) months.

Deletion and Correction. You can contact us through one of the ways listed in the Contact Information section below to request that we delete or correct the Personal Information that we have collected about you. The deletion right is subject to certain exceptions: for example, we may need to retain your Personal Information to provide you with Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny or delay your deletion request.
Limit the Use of Personal Information. You can contact us through one of the ways listed in the Contact Information section below to request that we limit the use of your Personal Information. You can also visit our website at xostrucks.com and click on the “Do Not Sell or Share My Personal Information” and/or the “Limit the Use of My Sensitive Personal Information” link.
Access. You can contact us through one of the ways listed in the Contact Information section below to request access to certain information about our collection and use of your Personal Information over the past twelve (12) months, including:

The categories and specific pieces of Personal Information we have collected.
The categories of sources from which we collect Personal Information.
The purposes for collecting, using, or selling Personal Information.
The categories of third parties with which we share Personal Information.
The categories of Personal Information we have disclosed about you for a business purpose.

Exercising your Rights. To exercise the rights described above, you or your Authorized Agent (defined below) must contact us using the information provided in the Contact Information section below. Your request must: (1) provide sufficient information to allow us to verify that you are the person about whom we have collected Personal information, and (2) describe your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Information provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

We will not discriminate against you for exercising your rights.

8. Do Not Track Signals

We currently do not honor do-not-track signals that may be sent by some browsers.

Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. Because there is no standard for these signals at this time, we currently do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above.

9. Data Security

Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Information. You can help protect your Personal Information and other information by keeping your password to our Services confidential.

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where you have chosen a password for the use of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we work diligently to try and protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Services. Any transmission of Personal Information involves inherent risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services or in your operating system.

Additionally, if you sell or transfer your Xos vehicle to another person, please notify us so that we can determine whether additional steps are required to help safeguard information from or about you from disclosure to the purchaser or transferee of the Xos vehicle.

10. California Privacy Rights

California law provides certain rights to California residents. This Privacy Policy has been designed to comply with all such laws, including California’s Shine the Light law and the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA).

11. Changes to Our Privacy Policy

We will post any changes to our Privacy Policy on our website. If we make material changes to our Privacy Policy, we may notify you of such changes through your contact information and invite you to review the changes.

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Xos website. If we make material changes to how we treat our users’ Personal Information, we may notify you by email to the email address specified in your account and/or through a notice on the Xos’ website. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically accessing our Services and reviewing this Privacy Policy to check for any changes.

12. Contact Information

You may contact us through the contact information below.

If you have any questions or concerns regarding our Privacy Policy or otherwise need to contact us, you may contact us at the contact information below or through the “Contact Us” page on our website.

How to Contact Us:

Xos, Inc.

3550 Tyburn Avenue, Unit 100

Los Angeles, CA 90065

Telephone: (855) 909-4407

Email: support@xostrucks.com