Privacy Notice

Consent

By accessing this Site, registering with DARFON, creating a user profile on our Site, or submitting information to DARFON, you consent to this Privacy Notice and the collection and use of your information, including that described below. If you do not agree with our policies and practices, you may not be able to access or benefit from certain portions of this Site.

Scope

Please be advised that this Privacy Notice applies to information that we collect from you or about you, including the following:

• when you visit the Site,
• when you submit your information to us on the Site,
• when you create or use a user profile on the Site,
• when we communicate with you through email and other communications,
• through Service Providers that we work with to provide our services,
• by any other means over the course of your use of our products and services.

How We Collect Your Information

The only personal information we collect about you is either provided by you voluntarily or as described below under “Information Collected from Your Use of the Site.”

Information We Collect. If you use our app, access or submit an inquiry through our Site, set up an account, subscribe to a service, register to receive marketing materials, participate in market research, contests, sweepstakes or promotions, upload a photo, or receive other services, we may ask you to provide certain personal information such as your name, email address, phone number, location, and zip code, and other personally identifiable information (“Personal Information”).

We take reasonable steps to make sure that we only ask for the information we need for the purposes listed in “ How We Use Your Information”. We also take reasonable efforts to ensure that your contact information is accurate, complete, current, and otherwise reliable. We will only collect and process your Personal Information if we:

a. first obtain your consent through this Privacy Notice, accessing the Site or otherwise;

b. have a legitimate interest in collecting and processing the data for our direct marketing purposes; or where required or permitted by law. We may periodically supplement the Personal Information we collect from you with personal or non-personal information about you or another person obtained from companies with whom we have marketing or other business relationships and other third-party sources. Any aggregate information that is linked or linkable to your Personal Information will be treated by us as Personal Information under this Privacy Notice.

Children Under Age 16. DARFON products and services are designed for adults, not children. As such, this Site is not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the Site. If you are under 16, do not use or provide any information on this Site or on or through any of its features/register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, 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 or about a child under 16, please contact us at _digital@besv.com_

Payment Information. DARFON does not collect or maintain any payment information. When you place an order for an ebike or other products all payments are processed through a third-party payment processor (“Payment Processor”). When you provide payment information on this Site, it will be submitted through the Payment Processor payment portal. All payment information and transactions are subject to the Payment Processor’s privacy policy and terms of use. If there is any trouble processing an order, we will use your contact information to contact you to alleviate such trouble. We do not share your personal or financial information with any third parties, except as specified in this Privacy Notice.

DARFON also works with Service Providers to provide convenient financing options for the purchase of our ebikes. When you choose to finance an ebike purchase you will be redirected to a Service Providers’ site or portal in order to submit the necessary information to obtain financing. DARFON has no right or ability to alter a decision regarding financing, and does not have access to any information related to financing, such as your credit score. All requirements and terms and conditions for financing options are determined by the applicable Service Provider and DARFON is not a party to any agreement between you and the applicable Service Provider.

Location Information. After your explicit consent, you allow our app to access Bluetooth and GPS data (each also called location data). Our app allows you to use Bluetooth data locally on your telephone. We collect and process location information when you use our app. We do not track your device location while you are not using the app, but in order to provide the trip recording feature, it is necessary for us to track your device location while you use the app. If you would like to stop the device location tracking, you may do so at any time by stop using the record feature. We do not share your location data with third parties. The location data is saved on your smartphone. You can delete the data on the app at any time.

Non-personal Bike Events. After your explicit consent, you allow our app to collect and process Non-personal Bike Event data from your bicycle, e.g. Distance, Speed, Battery level, Boost Behavior when you are using certain features. We use these data to execute the feature, provide support, improve our services and products and for marketing purposes. The data is saved on your smartphone and you can delete it at any time. We do not share the Bike event data with third parties.

Health Information. DARFON may collect or infer health information. Certain health information may be inferred from sources such as heart rate or other measurements, including power, cadence, and weight or other indicators. Before you can upload health information to DARFON, you must give your explicit consent to the processing of that health information by DARFON. You can withdraw your consent to DARFON processing your health information at any time.

Information Collected from Your Use of the Site. We or a Service Provider may use Site analytics tools or other licensed technologies from third parties to collect information about you from your use of this Site. This information may be combined with other information that you choose to submit to us. This information may also be merged into aggregate information about site visitors and traffic. We also may use third-party Service Providers’ analytics tools to distinguish and analyze user behavior. Here are the details of how we do this and the reasons why :

+ Log Files. We or a Service Provider may collect anonymous and technical information from your computer, including your Internet Protocol address, data about your computer or other device, the type of browser or operating system your device uses, the programs, services, and version of software you use, and the address of any linking site, when you request a web page while visiting the Site. We use this information for statistical purposes, to ensure that our pages on our Site will appear and function appropriately on your computer, to determine which site referred you to our Site, and to personalize your access to our Site or conduct our own analyses and research to improve our programs, products, services, and content. We use Service Providers to collect and analyze information, and we reserve the right to change which Service Providers collect and analyze said information in the future. If you do not agree with DARFON or its Service Providers collecting and using your anonymous and technical information as described in this paragraph, your choice is discontinue use of the Site or contact us as described under “Controlling Your Personal Information.”

+ Web Beacons. Some pages of the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us or a Service Provider, for example, to count users who have visited those pages or opened an email and for other related Site statistics (for example, recording the popularity of certain Site content and verifying system and server integrity).

* Social Networking. If you access any of our Sites from a social networking site (e.g., Facebook or Twitter), or if you otherwise agree to associate your account with us through a social networking site, we may also receive Personal Information about you from such social networking site. Our receipt of your Personal Information via a social networking site is governed by the terms of use and privacy policy of the social networking site. For marketing purposes only, we may retain this information with the information we collect from you directly.

Information We Collect Offline. We collect information when you visit a DARFON retail showroom to make a purchase/payment, fill out a registration agreement, take a tour, test ride an ebike or submit an inquiry at such retail showroom, or when you contact us. This may include:

• Your personal contact information, such as your name, address, email address, and phone number.
• Your sensitive personal information, such as your emergency contact and release information, driver’s license number, and employer information.
• Your financial information as needed to process a payment.
• Video recordings of your entrance to and exit from our retail showroom.
• Information collected offline by third parties in order to facilitate services, such as credit card,banking, or other payment-related information.

Access To Your Information

We do not share, sell, rent, or transfer your personal information other than as described in this Privacy Notice. Your information will be accessible to DARFON employees who are trained to comply with our internal policies for handling Personal Information and assisting you in exercising your legal rights over your personal information.

Service Providers may also have access to your personal information while they are carrying out their services. However, we require all Service Providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Information.

Disclosure of Your Information. We will only disclose, sell, or share your Personal Information or other information:

• To Service Providers. We may disclose, sell or share Personal Information to one or more Service Providers with which we have contracted to provide services to us to assist our customers and operation or to offer the services you have requested from us. We may also disclose Personal Information to one or more Service Providers who are interested in providing services or products to you. We do not control how these Service Providers use or disclose your Personal Information.
• To Affiliated Businesses. We may disclose, sell or share Personal Information to one or more third parties that have contracted with us (“Affiliated Businesses”) specifically in order to provide you with the services you have requested. The Affiliated Businesses may contact you directly by email, telephone, regular mail, in person visits or other means. We do not control how these Affiliated Businesses use or disclose your Personal Information.
• To Affiliates. We may disclose some or all of your Personal Information with our parent company, subsidiaries, joint ventures, or other companies under common control with us, in which case this Privacy Notice will apply to the same extent it applies to DARFON.
• For Our Internal Analyses and Operations. We may disclose Personal Information to third party vendors for our own internal statistical, design or operational purposes, such as to estimate our audience size, measure aggregate traffic patterns, and understand demographic trends among our users. The use and disclosure of your Personal Information by these third parties is restricted to performance of such tasks and we require that the Personal Information be subject to confidentiality

For Legal and Other Compliance. We may disclose Personal Information when we believe it is appropriate to:

• comply with the law,
• enforce or apply this Privacy Notice or our other policies or agreements,
• protect our or our users’ rights, property or safety,
• protect our users from fraudulent, abusive or unlawful use of, our Site, or
• if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

As Part of Business Transfers. We may disclose Personal Information as part of any merger, acquisition, debt financing, sale of company assets or other business transaction.

As Aggregated Information. We may share or sell aggregated, anonymous information to our advertisers, business partners, and other third parties that includes or is based on information about you. We take technical and organizational measures to anonymize your information and combine it with other users’ information so that it does not directly identify you. This information may be used by those third parties for marketing, promotional or statistical purposes. We do not limit the third parties’ use of the aggregated information.

Security

It is DARFON’s policy to treat your Personal Information with complete confidentiality. We update and test our technology to improve the protection of our information about you and to assure the integrity of that information. We require any third party that works with us to also ensure that they have adequate security measures.

We educate our employees about the importance of confidentiality and customer privacy through standard operating procedures and special training programs. We take appropriate disciplinary measures to enforce employee privacy practices.

Please note, however, that no transmission of data over the internet is 100% secure. While we employ reasonable measures to protect your Personal Information, we cannot guarantee that unauthorized third parties will not defeat those measures or use nonpublic Personal Information for improper purposes. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or for actions of third parties. The safety and security of your information also depends on you, and you are responsible for keeping your password confidential. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place. All Internet users should take care with how they handle and disclose their personal information.

Third Party Sites & Advertising

This Privacy Notice applies only to information collected by DARFON. We may provide links to third party sites from our Sites as a service to our users, but we have no ability to control, and we are not responsible for the privacy and data collection, use, or disclosure practices of third party sites. When you click on links that take you to external sites, you will be subject to their privacy policies and practices and not ours. We encourage you to review and understand the privacy policies of such sites before providing them with any information.

Third party advertisers or ad networks may use cookies or other technologies on our Sites for various purposes, including measuring the effectiveness of their ads and analyzing and personalizing ads or other content delivered to you. We have no ability to control the privacy and data collection, use, and disclosure practices of such third parties’ sites and the privacy policies of such sites may differ from the Sites. Therefore, we encourage you to review and understand the privacy policies of such sites before providing them with any information.

Controlling Your Personal Information

Opting Out of Communications. You can modify or limit the communications we send to you by clicking the “ unsubscribe” link at the bottom of any of our emails. You may also contact us directly. Please be sure to include your full name, email address, mailing address, and specifically what information you do not want to receive.

You rights. Depending on applicable law, you have the right to submit a complaint or object to our collection and use of your information at any time, or to require us to review, transmit, change, or delete your information that we have collected and retained. We will fulfill your request to exercise any of these rights within the applicable time period subscribed by such laws. You can exercise these rights, express concerns, or obtain additional information about the use of your personal information by contacting us as outlined below.

Retention of your Personal Information. We wil! only retain your Personal Information for as long as necessary to fulfill the purposes for which it was collected and to the extent permitted or required by law.

California Privacy Rights. DARFON adopted this section to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and applies solely to residents of the State of California (“California Consumers”). Without limiting the foregoing, this section provides California Consumers with the disclosures and notices required under the CCPA. Certain exceptions and limitations may apply to a California Consumer’s rights and DARFON’s obligations under the CCPA.

No Sale of Personal Information. DARFON has not sold any Personal Information in the preceding twelve (12) months. If DARFON ever chooses to sell Personal Information, you would have the right to opt out of the sale of your Personal Information.

Right to Disclosure. If you are a California resident you have the right to request that we disclose certain information about our collection and use of your Personal Information over the past 12 months, such as:

• the categories of the Personal Information we have collected;
• the categories of sources for the Personal Information we have collected;
• our business or commercial purpose for collecting or selling the Personal Information;
• the categories of third parties with whom we share the Personal Information;
• if we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:

(i) sales, identifying the Personal Information categories that each category of recipient purchased; and
(ii) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Right to Access. You have the right to request that we provide you with access to specific pieces of Personal Information we have collected about you over the past 12 months (also called a “data portability request”). If you submit a request for such access, we will provide you with copies of the requested pieces of Personal Information in a portable and readily usable format. Please note that DARFON may be prohibited by law from disclosing copies of certain pieces of Personal Information (e.g., government identification numbers, financial account information, and passwords or security questions and answers) because the disclosure would create a substantial, articulable, and unreasonable risk to the security of the information, our business systems, or your account.

Right to Deletion. You have the right to request that we delete any of your Personal Information that we collected from you and retained, with certain exceptions. DARFON may permanently delete, deidentify, or aggregate the Personal Information in response to a request for deletion. If you submit a right to deletion request, we will confirm the Personal Information to be deleted prior to its deletion, and we will notify you when your request is complete.

Submit a Consumer Privacy Request. To exercise any of the above rights, please submit a verifiable consumer privacy request to DARFON at:

• Smalo California
• 103B Pioneer Way
• Mountain View CA 94041
• Email: digital@besv.com

Please note that under the CCPA, DARFON is only required to respond to two requests for disclosure, access or deletion over a twelve (12) month period.

Verification. We cannot respond to your request or provide you with Personal Information unless we can verify your identity and your authority to make the request and confirm that the Personal Information relates to you. A verifiable California Consumer privacy request must:

• provide sufficient information that allows us to reasonably verify you are the person about whom we have collected Personal Information or an authorized representative;
• describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Authorized Agent. You may make a verifiable consumer request on behalf of your minor child. Otherwise, only you, or a person you have designated in writing as your authorized agent or who is registered with the California Secretary of State to act on your behalf, or to whom you have provided power of attorney pursuant to California Probate Code sections 4000 to 4465 (“Authorized Agent”) may make a verifiable consumer request related to your Personal Information. If you wish to have an Authorized Agent make a verifiable consumer request on your behalf, they will need to provide us with sufficient written proof that you have designated them as your Authorized Agent, and we will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we collected Personal Information.

DARFON’s Response. We endeavor to respond to a verifiable consumer request within 45 days of receipt. If we require more time, we will notify you in writing of the reason and extension period. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding receipt of the verifiable consumer request. If we cannot comply with part or all of your request, we will explain the reasons in our response.

We do not charge a fee to process or respond to your verifiable consumer privacy request unless it is excessive, repetitive, or manifestly unfounded.

Other California Privacy Rights. California Civil Code sections 1798.83-1798.84 (the Shine the Light Act) entitles California residents to request disclosure regarding Personal Information sharing with affiliates and/or third parties for marketing purposes. If you are a California resident and you would like to request a copy of this notice, please contact us at digital@besv.com with the subject line “Request for California Privacy Information.”

Do Not Track Signals. At this time, DARFON does not respond to Do Not Track browser settings or signals. In addition, DARFON may use other technology that is standard to the internet to track visitors to DARFON Sites. For information about Do Not Track, visit www.allaboutdnt.org.

Unauthorized Use. If you become aware of any unauthorized submission of information to DARFON, including children’s information, please inform us by contacting us at the contact information listed below so that we may delete it.

Terms

Terms & Conditions. The Terms of Use, Purchase Terms, and Warranty of this Site and the DARFON services govern all matters not set forth in this Privacy Notice.

Changes to this Privacy Notice. We may occasionally make changes to this notice to ensure its accuracy. If we make changes, the revised notice will be posted online and the date of the newest version will be listed. Please check back frequently, especially before you provide us with personal information, to determine the current scope of the notice.

Contact Information

If you have any further questions about our collection and use of your Personal Information, or if you wish to exercise any of your rights over your personal information or if you have any questions about this privacy notice, please contact us at :

• Phone : +1-650-815-7122
• Email : digital@besv.com