Updated as of August 2020

 

PRIVACY POLICY

 

  1. Introduction

 

Handlebikes, Inc. (“Company”) values your privacy and is committed to maintaining your trust.  We provide this Privacy Policy to inform you of our policies and procedures regarding the collection, use, and disclosure of personally identifiable information received from users of this website located at www.handlebikes.com (the "Website") and all of the Company’s other products and/or services, mobile application (“App”), and/or other online services that post a link to this Privacy Policy, and all content offered as a part thereof (the "Services"). 

 

II.         General Data Protection Regulation

 

This Company is headquartered in California.  As a California-based company, we do not knowingly advertise in the European Union (EU), or market our Services to residents of the EU.  However, our Website and/or App do not restrict visitors from the EU; we do not have in place any protections to prevent EU residents from accessing our Website and/or App.  As a result, we provide the foregoing disclosure to EU data subjects. 

 

The Company’s processing[1] of the Personal Information[2], such as the name, address, email address, or telephone number of an EU data subject (hereinafter, “Personal Information” or “Personal Data”) that is voluntarily supplied by the individual, or supplied by an authorized third party,[3] shall always be in line with the General Data Protection Regulation (“GDPR”), and in accordance with the country-specific data protection regulations applicable to the Company. 

 

By means of this Privacy Policy, our Company would like to inform you of the nature, scope, and purpose of the Personal Information we collect, use and process, as defined herein.

[1] Processing.   “Processing” covers a wide range of operations performed on personal data, including by manual or automated means. It includes the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.  See Article 4(2) and (6) of the GDPR.

[1] Personal Information.   “Personal Information” may include, but is not limited to information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, etc.  The Company does not collect any Personal Information from visitors to its website that is not voluntarily provided.  The Company only collects your Personal Information if you register for an account with the Company’s Website, when you use the Company’s Services, and when you send the Company communications in connection with your use of the Services. 

[1] Third Party Personal Information.   We may obtain your Personal Information from third parties, such as third parties with whom we affiliate in providing the Company’s services.  If you provide the Company with Personal Information about third parties, you warrant to the Company that any Personal Information that you provide to the Company about any third party individuals was obtained by you with full consent, that you have the legal authority to provide us with such information, and that the individual has not communicated to you that they wish to opt out of receiving communications from the Company or having the Company collect information about him or her.

 

Specifically, if you are an EU data subject visiting our Website or downloading our App, you are hereby informed, by means of this section of our Privacy Policy, of the rights to which you are entitled, and the recourse you may seek if you have any questions regarding the collection, use, and processing of Personal Information by the Company.

Your Privacy Rights under the GDPR.   The GDPR includes the following rights for you, as an EU data subject, if you provide Personal Information to the Company in connection with accessing the Services or visiting our Website:

  • The right to be informed about how we store, use, or share your data;

  • The right to access your data;

  • The right to rectify your data;

  • The right to have us erase your data;

  • The right to prevent us from processing your data;

  • The right to request copies of your data from us[4] in a commonly-used and machine-readable format, free of charge, for the purposes of transfer to a third party, where technically feasible;

  • The right to object to use or sharing of your data; and

  • The right not to be subject to automated decision-making, including profiling

 

Legitimate Business Interest under the GDPR.   Our use of your Personal Information is based on the legitimate business grounds that:

 

  • The use is necessary in order to fulfill our commitments to you under our Terms of Service or other agreements with you or is necessary to administer your account – for example, in order to enable access to our Website on your device or charge you for our Services;

  • The use is necessary for compliance with a legal obligation;

  • The use is necessary in order to protect your vital interests or those of another person or entity;

  • We have a legitimate interest in using your information – for example, to provide and update our Website or Services, to improve our Website or Services so that we can offer you an even better user experience, to safeguard our Website or Services, to communicate with you, to measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, to monitor and prevent any problems with our Services, and to personalize your experience; and/or

  • You have given us your consent.

 

Data Retention/Erasure.   We will retain your Personal Information for as long as needed to provide the applicable Services, or for a minimum period of four (4) years.  If, at any time after agreeing to this Privacy Policy, you: (1) change your mind about receiving information from us; (2) wish to revoke permission for us to retain and use your Personal Information; (3) wish to object to the processing of your Personal Information; or (4)  wish for us to erase a copy of your data, please make a request to the Company at info@handlebikes.com.  If you request erasure of your data, we may retain some of your Personal Information only for legitimate business interests, such as fraud detection, prevention, and enhancing the safety of our Website; and to comply with our legal obligations, specifically our tax, legal reporting, and auditing obligations.

 

Our Response to Your Requests.   If you make any requests regarding your Personal Information, we will not charge you for compliance with the request.  The Company will respond and comply within one month.  The Company reserves the right to refuse or charge for requests that are manifestly unfounded or excessive.  If we refuse your request, we will tell you why we are refusing your request.  You have the right to complain to the relevant supervisory authority and to a judicial remedy, but you must do so within one month of our refusal.

 

Data Controller.   With the exception of processing payments, for which a third party payment processor is the Payments Data Controller; the Company is the “data controller,” as defined under the GDPR, or the legal entity which determines the purposes and means of the processing of Personal Information of the customers of the Company and visitors to its Website.  The Company is responsible for collecting your consent, managing consent-revoking, enabling right to access, etc.  If you wish to revoke consent for us to store, use, or share your Personal Information, you may contact us at info@handlebikes.com.

 

Data Processor.   The Company is the “data processor," as defined under the GDPR, or the legal entity which processes, as this term is defined here in footnote 1, your Personal Information.  The Company has not retained any third-party service provider to process your Personal Information.  Any processing of Personal Information shall be done solely by the Company.  The Company maintains records of any processing activities it performs, and is able to show how the Company complies with the data protection principles under the GDPR.  It has effective policies and procedures in place.  If you have questions regarding the processing of your Personal Data, you may contact us at info@handlebikes.com.

 

Data Protection Officer.  The Company is not formally required to designate a Data Protection Officer (“DPO”) because it is not: (1) a public authority; (2) an organization that carries out regular and systematic monitoring of individuals on a large scale; or (3) an organization that carries out large scale processing of special categories of data, such as health information or information about criminal convictions.  Nonetheless, the Company voluntarily elects to appoint Andre Franca, CEO of the Company, as the DPO for this Company.  Mr. Franca is responsible for data protection compliance and can answer any questions you may have about your Personal Information.  He may be reached at andre@handlebikes.com.

 

Breach.   The Company has reasonable internal policies and procedures in place to effectively detect, report, and investigate a data breach.  The GDPR defines a Personal Information breach as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information.”  Pursuant to the GDPR, the Company will notify you of a Personal Information breach where the Personal Information breaches are likely to present a risk to data subjects to data protection authorities (“DPAs”) without undue delay, and within 72 hours if feasible, after becoming aware of the breach; and communicate high-risk breaches to affected data subjects without undue delay.  In the unfortunate event of breach, the Company shall provide you with: (i) contact details of the DPO or other contact person for the Company, (ii) a description of the nature of the breach, (iii) likely consequences of the breach, (iv) measures the Company has taken or proposes to take to address the breach, and (v) advice on steps data subjects can take to protect themselves.

 

Note: Data Protection Impact Assessment (DPIA).   The Company is not required to undergo a DPIA because the Company’s data processing is not likely to result in a high risk to data subjects, such as in cases where: (1) new technology is being deployed; (2) profiling operations may significantly affect individuals; or (3) processing is on a large scale and involves special categories of data.  If you have any questions regarding DPIA compliance by the Company, please contact the Company’s Data Protection Officer.

 

Complaints.  Without prejudice to any other administrative or judicial remedy, every EU data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement of the data subject considers that the processing of Personal Information relating to him or her infringes this Regulation.

 

 

 

III. Use, Processing, and Sharing of Personal Information 

 

The following information applies to anyone who shares with us his, her, or a third-party’s[5] Personal Information[6].  We may use, process,[7] and/or share your Personal Information (and we have done so in the past 12 months):

 

  • To respond to your inquiries and your requests regarding our Website or Services.

  • To send you information regarding our services and changes to our terms, conditions, and policies.

  • To complete your Website or user account registration, process your payments, and communicate with you regarding your purchase of our Services.

  • To send you marketing communication and newsletters about our Services.

  • To personalize your experience on our Website.

  • To inform you and allow you to participate in our Company’s promotions. 

  • To facilitate social sharing functionality.

  • To collaborate with business affiliates, partners, vendors, or service providers to provide you with our Services.

  • In connection with our business purposes, as described above, including but not limited to data analysis, audits, fraud monitoring and prevention, developing or enhancing new and existing products and/or services, expanding our business activities, etc.

 

We will not use and/or share your Personal Information:

 

  • With anyone except for our Company’s authorized service providers,[8] business affiliates,[9] and business partners[10], and strictly for business purposes; or unless we specifically inform you, and give you an opportunity to opt out of sharing your Personal Information. 

  • To send Google or third party companies precise location information without obtaining your consent, except as otherwise set forth in this Privacy Policy.

However, we reserve the right to disclose Personal Information that we believe, in our sole discretion, to be necessary or appropriate in the following circumstances:

  • As required by law, such as to comply with a subpoena, or similar legal process.

  • When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

  • To enforce our Terms and Conditions or the Handlebikes Membership Agreement.

  • To allow us to pursue available remedies or limit the damages that we may sustain.

 

IV.        Collection of Other Information

 

Personally Non-Identifiable Information:   We may collect personally non-identifiable information, including but not limited to demographic data, age, education level, profession, geographic location or gender, from you at the time of registration on our Website or app, or when you choose to use our Services. This information is not, by itself, sufficient to identify or contact you.  The Company may store such information, or it may be included in databases owned and maintained by partners, affiliates, agents, or service providers of the Company.  The Company may use such information and pool it with other information to track data related to growing the business, such as the total number of visitors to our Website and the domain names of our visitors' Internet service providers. 

 

Location-Based Information.   Our Service may use location-based services in order to locate you so we may verify your location, deliver you relevant content based on your location as well as to share your location with our vendors as part of the location-based services we offer. We may, from time to time provide settings in the Services that permit you to disable location-based services. Changing setting options may not result in immediate changes to the settings, which are subject to our operations and maintenance schedules. Users should carefully consider the use of such settings to improve information display options and to ensure the settings are properly set and functioning in the manner desired. Notwithstanding the availability of privacy preference settings, you should be aware that these settings are for convenience only, do not employ complex data security protection and may not be error free. However, please note that we will only directly provide third parties we work with access to your exact location information if you first give us permission to do so. You should consider the risks involved in disclosing your location information to other people.

 

If you are riding a Handlebikes bicycle using our mobile application, your mobile phone will send your GPS coordinates, during the ride, to our servers. Most GPS enabled mobile devices can define one’s location to within 50 feet. We collect this information for various purposes – including to provide you with support, to send you promotions and offers, to enhance our Services, and for our internal business purposes. We may also have features that allow you to share this information with other people (such as your family, friends or colleagues) if you choose. Except as otherwise permitted in this Privacy Policy, we will not share personally identifiable geo-location information with third parties for any purpose. You may at any time no longer allow our Mobile Application to use your location by turning this feature off in your mobile device settings.

 

You acknowledge and agree that Handlebikes may track your location and use of Handlebikes bicycles using GPS beacons on the Handlebikes bicycles. Handlebikes may track your location in increments of 15 to 60 minutes. Data collected using GPS Beacons will be used by Handlebikes to enforce the terms of Handlebikes’ user agreements, including the Handlebike Membership Agreement, to protect the bicycles from theft and to locate the bicycles if lost, to improve the Handlebikes bicycle sharing service, for advertising and marketing purpose as compiled in an aggregated anonymous manner with data from other users, to ensure the GPS beacon is working properly, and for Handlebikes’ internal business purposes in managing and reporting on use of the Handlebikes service and bicycles.

 

We may associate your unique mobile device identifier or mobile application usage information with any Personal Information you provide, but we will treat the combined information as Personal Information.

 

Personal Information may also be collected and shared with third-parties if there is content from the mobile application that you specifically and knowingly upload to, share with or transmit to an email recipient, online community, website, or to the public, e.g. uploaded photos, posted reviews or comments, or information about you or your ride that you choose to share with others through features which may be provided on our Services. This uploaded, shared or transmitted content will also be subject to the privacy policy of the email, online community website, social media or other platform to which you upload, share or transmit the content.

 

Passively Collected Information:   Your visit to our Website may allow us to obtain certain additional, personally non-identifiable information that is collected passively using various technologies.  This information includes but is not limited to, for example, IP addresses, browser types, date and time of page views, location information associated with your IP address, domain names, your interactions to an ad delivered by us or our ad technology partners and other anonymous statistical data involving your use of the Website and/or our services.  This information cannot presently be used to specifically identify you. 

 

Aggregated Personal Data:   The Company may analyze your Personal Information provided through the Website or in connection with rendering the Services, in aggregate form.   This aggregate information does not identify you personally.   We may share this aggregate data with our partners, affiliates, agents, or service providers for business purposes.   We may also disclose aggregated statistics to explain our Services to current and prospective business partners, and to other third parties for other lawful, business-related purposes.

 

Customer Credit Card Information.   The Company uses a third party to keep a protected copy of your credit card number. This billing data belongs to you, and by utilizing the Service, you grant the Company a license to use this data to bill you for services rendered.

 

 

 

V.         Website Tracking 

 

We may, either directly or through third party companies and individuals we engage to provide services to us, also:

 

  • Track your use of our Website and the Services for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, etc.

  • Track your use of the Website and the Services to enable you to use and access the Services and pay for your activities on the Website and through the Services. 

  • Track your behavior on our own Website and use of the Services to market and advertise our services to you on our Website platform and third party websites.  You may opt out of receiving advertisements by visiting the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (http://www.aboutads.info/choices/).  Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on the Services, generally.  The advertising will simply not be targeted or specific to your interests.

 

VI.        Tracking Technologies on our Website

 

The Company may use the foregoing technologies to track your activity on our Website:

 

Cookies.   When you visit our Website or otherwise interact with the Service, we may send one or more “cookies” to your computer or other devices.  Cookies are alphanumeric identifiers stored on your computer through your web browser and are used by most websites to help personalize your web experience.  Some cookies may facilitate additional site features for enhanced performance and functionality such as remembering preferences, allowing social interactions, analyzing usage for site optimization, providing custom content, allowing third parties to provide social sharing tools, and serving images or videos from third party websites.  Some features on this site will not function if you do not allow cookies.  We may link the information we store in cookies to any Personal Information that you submit while visiting our Website. 

 

We may use both session ID cookies and persistent cookies.  A session ID cookie expires when you close your browser.  A persistent cookie remains on your hard drive for an extended period of time.  Persistent cookies enable us to track and target the interests of our users to enhance the experience on our site.

 

Functional cookies, persistent and session type, store information to enable core site functionality, such as Live Chat and Client ID remembrance.

 

Analytics cookies allow us to count page visits and traffic sources so we can measure and improve the performance of our site and our marketing campaigns.

 

Advertising cookies may be set through our Website by our advertising partners. Data may be collected by these companies that enable the companies to serve up advertisements on other sites that are relevant to your interests.

 

If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site.  You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html

 

If you reject cookies, you may still use our site, but some features on the site will not function properly.

 

Web Beacons.   Web beacons are electronic files that signal when a webpage, advertisement, video, other content, an email or newsletter has been viewed.  They are usually invisible to you.  We may use web beacons alone or in conjunction with cookies to compile information about our Service.  Web beacons may be used within the Service to track email open rates, web page visits or form submissions.  In some cases, we tie the information gathered by web beacons to your Personal Information to gauge the effectiveness of certain communications and our marketing campaigns.

Log Files.   A Log File is a file that records either events that occur in an operating system or other software runs, or messages between different users of a communication software.  Log file information is automatically reported by your browser or mobile application each time you access the Website or our Services.  Along with cookies and web beacons, log files help provide additional functionality to the Website and Services and help us analyze Website and Services usage more accurately.  We and our third party tracking-utility partners may use log files on our Service to gather automatically gather and store information including, but not limited to, internet protocol (“IP”) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data, for business purposes.  We may use Google Analytics, which uses cookies and other similar technologies to collect and analyze information about the use of the Service and report on activities and trends.  This service may also collect information regarding the use of other websites, apps and online resources.  You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

Embedded Scripts.   An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Service, and is deactivated or deleted thereafter.

Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plugins, system fonts and other data, for purposes of identification.

ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash and/or HTML5 cookies.

VII.       Children  

 

The Children’s Online Privacy Protection Act of 1998 (COPPA) and its accompanying FTC regulation protects the privacy of American children aged 13 and under, who are using the Internet.  The GDPR sets the age at which an EU child can give their own consent in order to process their Personal Data at 16 years of age. 

 

The Website and our related Services are not intended for anyone under 16, and we do not knowingly collect information from anyone under the age of 16.  Anyone aged 16 or under should not submit any Personal Information without the permission of their parents or guardians.  Parents or guardians may, on behalf of their children, submit their children’s Personal Information.  By using the Website and our related Services, you are representing that you are at least 16 years old and that you have the relevant legal authority to submit your Personal Information or that of a third-party minor, to the Company or on the Company’s Website.

 

Additional Information Regarding the Use of the Services by Children. We recognize the need to provide further explanation regarding the privacy protections we afford to Personal Information we may collect from you about your child/children under the age of 12 (“child” or “children”) via our Website or App, in the event that you submit the Personal Information of a third-party minor.  When you sign up your child/children for our Services on our Website or App, we may ask you to include Personal Information that identifies your child/children.  

Second, while we do not knowingly collect a child’s Personal Information from the child in connection with our Services, to the extent that a Website user is a child and submits his or her Personal Information to us via our Website or App, we take additional steps to protect the child’s privacy, including:

  • By way of this Privacy Policy, notifying parents about our information practices with regard to children, including the types of Personal Information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information; 

  • In accordance with applicable law, obtaining consent from parents for the collection of Personal Information from their children, or for sending information about our products and services directly to their children; 

  • Limiting even inadvertent collection of Personal Information from children to no more than is reasonably necessary to engage in our Services; and

  • Giving parents access or the ability to request access to Personal Information we have collected from their children and the ability to request that the Personal Information be changed or deleted.

Accordingly, the foregoing PARENTAL NOTICE REGARDING THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”), explains our information collection, disclosure, and parental consent practices with respect to information provided by children, and uses terms that are defined throughout this Privacy Policy.  This policy is in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”).  Under the Children’s Online Privacy Protection Act (“COPPA”), we must provide you with direct notice before collecting Personal Information from your child. Effective July 1, 2013, the Federal Trade Commission (“FTC”) updated COPPA to reflect changes in technology, and now considers a photograph, video, or audio file containing a child’s image or voice to be a child’s Personal Information. For more information about COPPA, please visit www.coppa.org.  Here, we outline our practices in the United States regarding collection of children’s Personal Information. For more information about COPPA and general tips about protecting children’s online privacy, please visit OnGuard Online

 

Retention of Information.   In any instance that we collect Personal Information from a child, we will retain that information only so long as reasonably necessary to fulfill the provision of our Services, or as required by law.  In the event we discover we have collected information from a child in a manner inconsistent with COPPA’s requirements, we will either delete the information or immediately seek the parent’s consent for that collection.

 

Registration.   As an adult registering a child with the Company for provision of Services, your child/children will have the opportunity to participate in our Services.  If you do not provide your child/children’s Personal Information on the Website during the registration process, your child will not be able to register to receive our Services or complete Tasks.  

 

Again, while we intend for adults to register a child/children for our Services, it is entirely possible that a child/children may visit our Website and self-register for an account and/or for our Services without consent from parents or guardians.  During the registration process, we may ask the child to provide the same information provided by adult Website users for notification and security purposes, including an email address, the child’s first name and gender, the child’s member or account username, and password.  We also may ask for birth dates from children to validate their ages.  We strongly advise both adults and children never to provide any Personal Information in their usernames.  

 

Please note that Website visitors who are children can choose whether to share their information with us, but certain access to our Website or App cannot function without it.  As a result, children may not be able to access certain parts of our Website or App if required information has not been provided.  We will not require a child to provide more information than is reasonably necessary in order to engage in our Services.

 

Consistent with the requirements of COPPA, if we determine that a particular Website or App user is age 12 or under, we will ask for a parent or guardian email address before we collect any Personal Information from the child.  If you believe your child is participating in an activity on our Website that collects Personal Information, and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please feel free to contact us at info@handlebikes.com

 

Photos Containing Your Child/Children’s Likeness or Image.   On our Website, we may post photos containing your child or children’s image, and therefore, the Federal Trade Commission may classify this as “collecting” and “disclosing” your child’s Personal Information. This Personal Information will not be used for any other purpose, disclosed, or combined with any other information from your child, other than legitimate business purposes described herein.  Of course, your consent is required for the collection, use, or disclosure of your child’s information, as his or her image may appear in a photo on our Website.  We will not collect, use, or disclose any such information from the child if you do not consent. 

 

Email Contact with a Child.  To the extent a child visits the Website and emails the Company from his or her personal email address, Company will delete this information immediately after responding to the question or request.  In connection with certain activities or Services, we may collect a child’s online contact information, such as an email address, in order to communicate with the child more than once.  In such instances, we will retain the child’s online contact information to honor the request and for no other purpose such as marketing.  Whenever we collect a child’s online contact information for ongoing communications, we will simultaneously require a parent or guardian email address in order to notify the parent about the collection and use of the child’s information, as well as to provide the parent an opportunity to prevent further contact with the child.  

 

At any time, you may refuse to permit 1) your child’s participation in the Services, 2) further use of your information or your child/children’s information, or 3) further contact with your child/children, and request that we delete your information or your child/children’s information. To exercise any of your rights, please email us at info@handlebikes.com

 

In conclusion, your privacy and your child/children’s privacy are important to us.  We only share or disclose Personal Information collected from a child/children in a limited number of instances, including the following:

  • We may share information with our service providers if necessary for them to perform a business, professional, or technology support function for us.

  • We may disclose Personal Information if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose Personal Information collected from children (i) in response to a law enforcement or public agency’s (including schools or children services) request; (ii) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our sites or applications; (iii) to protect the security or integrity of our sites, applications, and other technology, as well as the technology of our service providers; or (iv) enable us to take precautions against liability.

 

 

VIII.      Links to Other Websites  

 

This Privacy Policy does not address, and we are not responsible for the privacy, information or other practices of any third parties.  This Privacy Policy applies only to this Website and the Company’s Services.  It does not apply to any third-party sites, and the inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates.

 

We are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developers, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Website, app, or Services.

 

IX.        Security  

 

We maintain reasonable and appropriate, although not infallible, security precautions.  However, we cannot guarantee that hackers or unauthorized personnel will not gain access to your Personal Information, despite our reasonable efforts.  You should note that in using the Website, app, and/or our related Services, your information will travel through third-party infrastructures which are not under our control.  Please feel free to raise any questions, concerns or specific directions you may have regarding the privacy and security of your information to info@handlebikes.com.

 

X.         Data Retention

 

We will retain your Personal Information for four (4) years, or as long as needed to provide the applicable Services.  Our data retention period may change in the future if a longer retention period is required or permitted by law.

XI.        Do Not Track  

 

Your browser setting may allow you to automatically transmit a "Do Not Track" signal to websites you visit.  The Company’s Website does not respond to "Do Not Track" signals or other mechanisms from a visitor's browser.  If, in the future, we create a program or protocol to respond to such web browser "Do Not Track" signals, we will inform you of the details of that protocol in this Privacy Policy.  To find out more about "Do Not Track," please visit https://www.allaboutdnt.com.

 

XII.       Advertising/Google Ads

 

On this Website, the Company has integrated Google Ads. Google Ads is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google Ads allows an advertiser to pre-define specific keywords with the help of which an ad on Google’s search results only then displays when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.

 

The operating company of Google Ads is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

 

The purpose of Google Ads is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.

If a data subject reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached a Google Ads ad on our website generated sales, that is, executed or canceled a sale of goods.

 

The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through Google Ads ads to ascertain the success or failure of each Google Ads ad and to optimize our Google Ads ads in the future. Neither our company nor other Google Ads advertisers receive information from Google that could identify the data subject.

 

The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, Personal Information, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These Personal Information are stored by Google in the United States of America. Google may pass these Personal Information collected through the technical procedure to third parties.

 

The data subject may, at any time, prevent the setting of cookies by our website, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google Ads may be deleted at any time via the Internet browser or other software programs.

 

The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.com/settings/ads and set the desired settings.

 

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.

 

XIII.      Analytics

 

Google Analytics.  We and our third party tracking-utility partners use log files on our Service to automatically gather certain information, including but not limited to internet protocol (“IP”) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data, for analytics purposes.  Specifically, we analyze trends, administer the site, track users’ movements around the Website, and gather demographic information about our user base as a in the aggregate.  We and our third party tracking-utility partners use log files on our Service to automatically gather certain information, including but not limited to internet protocol (“IP”) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data, for analytics purposes.  Specifically, we analyze trends, administer the site, track users’ movements around the Website, and gather demographic information about our user base as a in the aggregate. 

 

On this Website, the Company has integrated the component of Google Analytics. Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.

 

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

 

The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our Website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.

 

Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of Personal Information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

 

The cookie is used to store Personal Information, such as the access time, the location from which the access was made, and the frequency of visits of our Website by the data subject. With each visit to our Internet site, such Personal Information, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These Personal Information are stored by Google in the United States of America. Google may pass these Personal Information collected through the technical procedure to third parties.

 

The data subject may, as stated above, prevent the setting of cookies through our Website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

 

In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this Website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

 

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

 

Facebook Analytics.   The Company also utilizes Facebook Analytics, which allows us to analyze data, trends and charts related to your use of our mobile app, including but not limited to data related to your launching, viewing content, searching or purchasing.  You can learn more about how Facebook Analytics by visiting: https://developers.facebook.com/docs/analytics/faq

 

Facebook is a social network.  A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.

 

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

 

With each call-up to one of the individual pages of this App, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific part of the App was visited by the data subject.

 

If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our App by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our App, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.

 

Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our App. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our App is made.

 

The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook, e.g. the Facebook blocker of the provider Webgraph, which may be obtained under http://webgraph.com/resources/facebookblocker/. These applications may be used by the data subject to eliminate a data transmission to Facebook.

XIV.     Your California Privacy Rights  

California “Shine the Light” Law

Under California Civil Code Section 1798.83, California customers are entitled to request information relating to whether a business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes.  This code section applies to businesses with 20 or more full or part-time employees. 

You may request and obtain from us once a year, free of charge, certain information about the Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year.  If applicable, this information would include a list of the categories of Personal Information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year.  If you are a California resident and would like to make such a request, please submit your request in writing to info@handlebikes.com.

California Consumer Privacy Act

If you are a California resident, the processing of certain personal data about you may be subject to the California Consumer Privacy Act (“CCPA”) and other applicable California state privacy laws. As of January 1, 2020, the CCPA gives you certain rights with respect to the processing of your personal data (known as “personal information”, as described under the CCPA).

RIGHT TO KNOW REQUEST - Under the CCPA, you may have a right to request information about our collection, use, and disclosure of your personal information over the prior 12 months, and ask that we provide you with the following information:

Categories of and specific pieces of personal information we have collected about you.

Categories of sources from which we collect personal information.

Purposes for collecting, using, or selling personal information.

Categories of third parties with which we share personal information.

Categories of personal information disclosed about you for a business purpose.

If applicable, categories of personal information sold about you and the categories of third parties to which the personal information was sold, by category or categories of personal information for each third party to which the personal information was sold.

RIGHT TO DELETE REQUEST - You may also have a right to request that we delete personal information, subject to certain exceptions.

DISCLOSURES OF PERSONAL INFORMATION FOR BUSINESS PURPOSE - In the preceding 12 months, we have disclosed certain personal information to the categories of recipients listed in Section III of this Privacy Policy for one or more business purposes.

If you are a California resident and would like to make a verifiable request for information about the personal information we have collected about you or a request for deletion of such personal information, please submit your request in writing to info@handlebikes.com.

 

Do Not Sell My Personal Information

 

If you are a California resident, you may make your Do Not Sell My Personal Information (“DNS”) request(s) below. Before you do, we hope you will read this for additional context.

 

For advertising and other business purposes, we may  collect data as otherwise set forth in this Privacy Policy.

 

This data does not typically identify you by name or other directly identifiable means. Rather, data about the content and advertising you view on our Website, how you arrived at the Website, and your general location is added to unique online profiles about your browser and device maintained by us and third party advertising, social media and analytics businesses. This data is used by each of us to help understand how our site or sites are used, to personalize our content, and to tailor advertising on our sites and across the internet to your perceived interests.

 

The California Consumer Privacy Act (CCPA) considers the sharing of some of this data, particularly when used for the third-party’s commercial advertising purposes, to be a “SALE” of personal data even if no money is exchanged. If you want us to stop “selling” your data, please submit your request in writing to info@handlebikes.com. You can also click on “Cookies Details” to make specific choices about the data “sold” on the site by controlling which cookies load on your visit.

 

We will continue to share data with service providers, who use the data on our behalf, after you make a DNS request, meaning you may still see advertising. This advertising may include interest-based advertising data about your visit and data from third parties. To learn more about interest-based advertising across sites and additional opt-out choices you can visit one of the following industry sources: (http://optout.aboutads.info/#/, http://optout.networkadvertising.org/#, and http://www.aboutads.info/appchoices).

XV.      Open ID Providers/Facebook Connect

You may log into your account on our Website and/or access our Services using sign-in services such as Facebook Connect or an Open ID provider.  These services will authenticate your identity and provide you the option to share certain Personal Information with us, such as your name and email address to pre-populate our registration form.  Services, like Facebook Connect, give you the option to post information about your activities on this Website to your profile page to share with others within your network if you so choose.

XVI.     Referrals  

If you choose to use our referral service to tell a friend about our Services by email, we will ask for your friend’s email address, and send your friend a one-time email inviting them to visit our Website and inform them of our Services.  We will only store your friend’s email address for the sole purpose of sending this one-time message and tracking the success of the referral program. Your friend may contact us at info@handlebikes.com to request that we remove this information from our database at any time.

 

If you submit any Personal Information relating to other people to us or to our service providers in connection with our Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy. 

 

XVII.    Testimonials, Ratings and Reviews  

 

If you submit testimonials, ratings, or reviews of the Services directly on our Website, any Personal Information you include will be displayed on the Website.  We may also partner with third-party service providers to collect and display ratings and review content on our Website.  If you provide our third-party service providers with your Personal Information in the process of submitting your rating and review, the content and Personal Information collected by a third party will be posted on our Website, absent your express instruction not to do so.  If you want your testimonial, rating, or review removed from our Website at any time, please contact us at info@handlebikes.com.

 

XVIII.   Changes  

 

This Privacy Policy may be updated from time to time for any reason, at our sole discretion.  We will notify you of any material changes to our Privacy Policy by posting the new Privacy Policy on our Website and emailing you a copy of the revised Privacy Policy or a link to it.  You are advised to consult our Website regularly for any changes.

 

XIX.     Incorporation into Terms of Service

 

By using or accessing the Website or the Services, you are accepting the practices described in this Privacy Policy, and you are consenting to our processing of your information as set forth in this Privacy Policy and as amended by us. This Privacy Policy is incorporated into, and considered a part of, the Company’s Terms of Service.

 

XX.      Opt-Out Policy   

 

If, at any time after registering, you change your mind about receiving information from us or about the use of information volunteered by you, or if you prefer that we do not share your Personal Information with third parties for marketing purposes, please contact us at info@handlebikes.com.

 

XXI.     Contact Us   

 

If you have any questions or concerns relating to our use of your Personal Information, please email info@handlebikes.com.  Additionally, you may reach us by postal mail at:

 

Handlebikes, Inc.

388 Market St. STE 1300

San Francisco, CA 94111

 

[1] Processing.   “Processing” covers a wide range of operations performed on personal data, including by manual or automated means. It includes the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.  See Article 4(2) and (6) of the GDPR.

[2] Personal Information.   “Personal Information” may include, but is not limited to information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, etc.  The Company does not collect any Personal Information from visitors to its website that is not voluntarily provided.  The Company only collects your Personal Information if you register for an account with the Company’s Website, when you use the Company’s Services, and when you send the Company communications in connection with your use of the Services. 

[3] Third Party Personal Information.   We may obtain your Personal Information from third parties, such as third parties with whom we affiliate in providing the Company’s services.  If you provide the Company with Personal Information about third parties, you warrant to the Company that any Personal Information that you provide to the Company about any third party individuals was obtained by you with full consent, that you have the legal authority to provide us with such information, and that the individual has not communicated to you that they wish to opt out of receiving communications from the Company or having the Company collect information about him or her.

[4] You may email us with requests at info@handlebikes.com.

[5] Third Party Personal Information.   We may obtain your Personal Information from third parties, such as third parties with whom we affiliate in providing the Company’s services.  If you provide the Company with Personal Information about third parties, you warrant to the Company that any Personal Information that you provide to the Company about any third party individuals was obtained by you with full consent, that you have the legal authority to provide us with such information, and that the individual has not communicated to you that they wish to opt out of receiving communications from the Company or having the Company collect information about him or her.

[6] Personal Information.   “Personal Information” may include, but is not limited to information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, etc.  The Company does not collect any Personal Information from visitors to its website that is not voluntarily provided.  The Company only collects your Personal Information if you register for an account with the Company’s Website, when you use the Company’s Services, and when you send the Company communications in connection with your use of the Services. 

[7] Process.   “Processing” covers a wide range of operations performed on personal data, including by manual or automated means. It includes the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data. 

[8] Authorized service providers are companies that perform certain services including, but not limited to, fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analyses, supporting the functionality of the Services, and supporting contests, sweepstakes, surveys and other features we offer, on our behalf.  These service providers may have access to your Personal Information, but to the extent necessary to perform or fulfill their business purpose.  We do not permit them to share or use any of your Personal Information for any other purpose.

[9] Affiliate businesses are those businesses with whom we may affiliate to sell our products or Services.  We may share information we collect, including Personal Information, with affiliated businesses.  Sharing such information with our affiliates enables us to provide you with information about a variety of products and Services that might interest you.  We instruct all affiliated businesses to comply with applicable privacy and security laws and, at a minimum, in any commercial email they send to you, to give you the opportunity to choose not to receive such email messages in the future.

[10] Business partners are typically merchants offering the products, services, promotions, contests and/or sweepstakes in connection with or somehow related to our own products and Services.  We will not share your Personal Information with business partners unless you choose to participate in their offer or program.  When you choose to engage in a particular offer or program, you authorize us to share your email address and other Personal Information with the relevant business partner.