PRIVACY POLICY

This privacy policy explains how MiTAC Europe Limited (‘‘MiTAC’’ or ‘‘We’’) uses personal data from and about you, on the portal site operated by MiTAC, by phone, email, or otherwise when you visit our website, or use the services provided on and through our website, including purchasing goods or providing after-sales services.

MiTAC is committed to protecting your personal data and being transparent about what information it holds. MiTAC understands its obligations to help you understand how and why MiTAC processes your personal data. This policy tells you about the why, what, how, and when in relation to MiTAC’s collection and processing of your personal data. 

PURPOSE AND BASIS OF MITAC’S COLLECTION AND PROCESSING OF YOUR PERSONAL DATA

1. Membership or Agreement with You

We collect and process your personal data for purpose of performing our obligations under the membership agreement and/or purchase agreement with you.

We use the personal data collected from you for purpose of delivering our membership service to you, completing purchase orders, facilitating payments, rendering of repair and maintenance services, and, upon your consent, providing you with updated news and marketing information on the products and services offered by MiTAC.  

2. Customer Support or Communication

When you interact with our customer support via email, telephone, online or in person, we collect your personal data, such as name, shipping address, phone number, email address and contact preferences, information about the products you own, such as their serial numbers and dates of purchase. To improve customer service, subject to applicable laws, we may also record and review conversations with customer support, and analyze any feedback provided to us through voluntary customer surveys. With your consent, our customer support may sign in to your Account, if appropriate, to help troubleshoot and resolve your issue. 

We process your personal data to provide you with customer and product support and to monitor and provide quality product and customer support. Our customer support to sign in to your Account, if appropriate, is to help troubleshoot and resolve your issue is consent, which you may withdraw.

We also use your personal data to respond to you when you contact us.

3. MioShare Account

When you create an account on our MioShare website (“Account”), we will need you to provide your personal data such as email address and name. The personal data will be processed by MiTAC for the following purposes: (a) for you to sign in your Account; (b) to send you important information regarding the Account, software application (“Application”) or services, including the important safety information or changes to this Policy; or (c) to communicate with you in order to provide you quality customer support and/or services. MiTAC is to process your personal data based on the legitimate interests in protecting the security of the Account, providing safety information, or providing the quality customer support or services as applicable. 

You can choose to provide add additional personal data such as your location, and your gender, birthdate, height and weight when you use the Application. The data will be used to calculate the calories you burn during an activity and to enable you to show the activities you participate in if you wish. Your provision indicates your consent. MiTAC will process the data based on your consent. You can withdraw your consent by deleting the data directly from your Account. 

You can also choose to upload the activities you participate, such as bike rides, hikes, gym activities, etc.) and activity data (e.g., steps, distance, pace, activity time, calories burned, heart rate, sleep, location, menstrual cycle information, hydration, music played, etc.) from your Cyclo to your Account. You can use your Cyclo to upload your activities onto MioShare website directly. In such case you can you control whether others can see your activity data by managing the privacy settings in Account. Your activity data is set to “Private” by default. 

If you choose to upload your activity data, MiTAC will process your activity data for the following purposes: (a) to enable you to analyze your activity data, identify any Cyclo used to collect data during the activity, see your location on your activity recordings, including GPS logs and related physical data, and, if you wish, share your activity data with others; (b) to analyze usage and trends in an aggregated manner, so as to develop or improve features and services; and (c) for internal research and development purposes so as to build better products and services for customers, including you. 

Your provision and uploading your activities and activity data indicate your explicit consent. Mio will process your activity data based on your consent. You can withdraw your consent by deleting the data directly from your Account. 

You can choose to enable your Account to access accounts you have with other application providers, such as your Strava or RouteYou account, MiTAC will obtain information about you from such account. The information is used to supplement your activity data. Your consent is given when connecting your Account from the third party application. MiTAC will process the information based on your consent. You can withdraw your consent at any time by disconnecting your Account from such third party Account.

4. Use of Services or Applications

If you choose to use location-based services on your Cyclo or the Application, then the physical location of your Cyclo will be collected in order for MiTAC to provide you with such location-based services at your request. MiTAC will process the data based on your request so as to perform the services for you.

 If a Cyclo user sends an invitation to you or adds you as a contact to her/his Account, she or he provides MiTAC your email address. MiTAC will use such information to send you information or to notify you of an event involving such Cyclo user who provided MiTAC your email address. MiTAC will process the information based on the legitimate interests in enabling the Cyclo users to send information to their friends and family, and/or to notify the contacts.

5. Receipt of Marketing Information

If you provide your opt-in consent to receiving marketing or product information from MiTAC, MiTAC will also process your personal data such as email address for the purpose of sending you marketing information or newsletter about products and Applications. MiTAC process your personal data for the above purpose is your consent. You may withdraw your consent at any time by contacting us or through the unsubscribe link at the bottom of our marketing emails.

TYPE OF DATA MITAC COLLECTS ABOUT YOU

The types of personal information we collect and process about you include:

• Your name and contact information (e.g., email, shipping address, and phone number(s)) and contact preference;
• Billing details such as credit card number and other data necessary for processing payments and fraud prevention, including security code numbers and other related billing information;
• Business information details such as information provided in the course of the contractual relationship between you and MiTAC, or otherwise voluntarily provided by you;
• Additional personal data such as your location, gender, birthdate, height, weight when you use the Application or services;
• Activities you participate such as bike rides, hikes, gym activities, etc. and the activity data (e.g. distance, pace, activity time, routes, calories burned, heart rate, sleep, location, menstrual cycle information, hydration, music played, etc.) from your Cyclo to your Account;
• Information about you from the account(s) of other application providers when you enable your Account to access any such accounts;
• Information that is collected  when you visit on of our website such as cookies;
• Information classified as “sensitive” personal data e.g. relating to your health. This information will only be collected and used where it is needed to provide the product or service you have requested or to comply with our legal obligations;
• Persistent identifier such as a customer number or other information held in a cookie or IP address; and
• Other information alike that helps fulfill the purpose for which it was collected.

COOKIES

1. A “Cookie” is a small file, typically of letters and numbers, downloaded on to a device (such as desktop, laptop, tablet) when the user accesses certain websites. Cookies are then sent back to the originating website on each subsequent visit. Cookies are useful because they allow a website to recognize a user’s device. The information below explains the cookies we use on our website and why we use them:
2. Cookies and similar technologies allow us to provide you with, for example, customized information from our Website and to make our Website more user-friendly through customer recognition, understanding and facilitation of the customer browsing and shopping behavior. This may include, for example, remembering your language selection so you don’t have to re-enter it every time you visit our Website.
3. In addition, cookies allow us to understand which pages you have visited and to determine how frequently particular pages are visited and to determine the most popular areas of our website. This enables us to improve our website and apps to offer the best shopping experience for you.
4. Our website also employs cookies and similar technologies placed by our carefully selected third party partners, including but not limited to Google, to manage our commercial relationship with those partners.
5. You can enable or disable cookies by modifying the settings in your browser. However, to make full use of our website, cookies need to be enabled on your browser or device. If you choose not to allow cookies you will not be able to browse parts of our website. Without cookies you will not be able to place an order as cookies are required for the ordering process to be completed. They help, for example, to remember which and how many items you have selected to purchase.
6. We have a variety of pages on social networking sites. If you use these pages, the hosting sites may store cookies onto your device. We do not control the setting of, and accept no liability in connection with these cookies. Please look at the third-party websites for more information about the cookies they use and how you can manage them. Please read the terms of the applicable application for more information.
7. Third party cookies are those that are set by a domain different to the one that the user is visiting. MiTAC uses some carefully selected third parties to provide certain services to improve the service we offer to you. Some of these third parties use cookies. Information about how we use third parties and what cookies they use and why, is given below.
8. MiTAC also provides links to external third party websites and you may choose to click through to these sites. If you do so, these third party sites may send cookies to your browser. We do not control the setting of, and accept no liability in connection with, these cookies. Please look at the cookies policies on the respective websites for more information about what they do with cookies and how you can manage them.
9. Below list includes cookies deployed by such third parties on our Website.

   ● Google Analytics

   At MiTAC, we use Google Analytics to help us understand how our customers navigate to and through our Website. These cookies enable the function of Google analytics. This service helps us understand how long customers spend visiting different pages and how often they return to our Website. Google Analytics also helps our marketing colleagues to work out the effectiveness of our digital marketing campaigns. You can find out how to opt out of these cookies here: https://tools.google.com/dlpage/gaoptout

   To know more information about Cookie, please see Cookie Policy.

10. We also collect data from users about their usage of MioShare Mobile application and CycloAgent . The types of analytical information that are collected include the date and time the app accesses our servers, application version, the location of the device, language setting, what information and files have been downloaded to the application, user behavior (e.g., features used, frequency of use), device state information, device model, hardware and operating system information, and information relating to how the application functions. MiTAC uses this data to improve the quality and functionality of the MioShare Mobile application, CycloAgent and other Applications, to develop and market products and features that best serve you and other users, and to help identify and fix app stability issues and other usability problems as quickly as possible.

SHARING OF YOUR PERSONAL INFORMATION

1. Your personal data collected by MiTAC may be shared with MiTAC Digital Technology Corporation, MiTAC International Corp. and companies within MiTAC group so as to allow MiTAC to carry out the purposes stated above.
2. MiTAC is required to disclose certain personal data collected from you to third parties e.g.  logistic service provider(s), maintenance service provider(s), email delivery service provider(s), marketing service provider(s) and cloud service provider(s) we have chosen to support us  for carrying out the purposes stated above.
3. MiTAC also uses cloud services from third parties such as AWS to assist in sending emails. Those services track the activities associated with these emails, such as whether they were opened, whether links in the emails were clicked on, and whether purchases were made following clicks on those links. The data is used to analyze the level of engagement with its emails. MiTAC uses third-party service providers to help us better understand usage of CycloAgent and MioShare website and applications, and for related purposes.
4. If you choose to authorize MiTAC to permit a third party, such as your wellness program provider, or an application suppliers such as Strava, or TrainingPeaks, Today’s Plan, to access your activity data in your Account, then we will share such data with the third party. We will not do this without your explicit consent. Once you direct us to share data with a third party, the third party’s handling of your personal data is the responsibility of that third party and you should carefully review the third party’s privacy policy. You can choose to stop sharing data with the third-party application, platform or service provider at any time within your Account.
5. With your prior consent, we may share information about you for publicity and marketing purposes online, in print and on social media.
6. From time to time, we share or sell activity data in a de-identified and aggregated manner with or to companies that provide MiTAC and our customers with content or features for the purpose of enhancing the quality of the content or features they provide, and with or to other third parties for research or other purposes.
7. Your activities and activity data associated with your Account are set to “Private” by default. You may decide to allow other MioShare users to view your activities and activity data by changing the privacy settings in your Account.
8. WeJoin is a feature available on some Cyclo devices that enables you to send a link to people of your choice (i.e. WeJoin invitees) that allows them to see the real-time location of your device. Because the invitee with access to the link will be able to see the real-time location of your Cyclo device or device installed with Application, you should always determine to whom you want to send the link carefully and be sure that you trust them to not send the link to others whom you do not want to be able to view the location of your Cyclo device.
9. We may disclose personal data about you to others: (a) if we have your valid consent to do so; (b) to comply with a valid subpoena, legal order, court order, legal process, or other legal obligation; (c) to enforce any of our terms and conditions or policies; or (d) as necessary to pursue available legal remedies or defend legal claims.
10. We may also transfer your personal data to an affiliate, a subsidiary or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of MiTAC’s business, assets or stock, including, without limitation, in connection with any bankruptcy or similar proceeding, provided that any such entity that we transfer personal data to will not be permitted to process your personal data other than as described in this Privacy Policy without providing you notice and, if required by applicable laws, obtaining your consent.

Transferring Personal Data outside the Country

Where data needs to be transferred outside the UK, Mitac will ensure that all such transfers are in compliance with the terms of the Data Protection Laws and the relevant EU regulations. Where transfers are to be made outside of the European Economic Area, MiTAC will ensure that the designation country(ies) has data protection laws assessed as adequate by the European Commission or where adequate safeguards are in place.

Tracks Submissions

You may use the Software to upload the tracks of your own activities for example riding, the tracks you properly and lawfully obtained from other sources (in gpx format), and/or the tracks you create by using Create of MioShare (“Tracks Submission”) to our websites such as MioShare (collectively, “MioShare”). Tracks remains your property and copyright. You are and will remain solely responsible for your Track Submissions and for the consequences of submitting and posting the same. You represent and warrant to Mio that any Track Submissions by you do not and will not infringe the trademark, service mark, copyright, right to publicity, or other intellectual property rights of a third party. You also represent and warrant that any Track Submissions submitted by you is accurate, refers to a public and safe location, and is not restricted by any applicable law or regulation. You agree that you are solely responsible for verifying the accuracy and lawfulness of any Track Submissions contributed by you directly or indirectly to MioShare.

By submitting any Track Submissions to MioShare, you give MiTAC a transferable, perpetual, worldwide, royalty-free, irrevocable license and right to reproduce, create derivative works of, license, distribute, sell, publicly display and publicly perform the Track Submissions for any purpose and without restriction or obligation to you. You also grant MiTAC the right to edit, copy, publish and distribute any material you make available on MioShare. You are aware that MiTAC has no duty to monitor the ratings and user submitted comments or other use submissions. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from your submissions.

You also permit any other user to access, view, store or reproduce the tracks or materials for that user's personal use. You acknowledge that your use or reliance upon any user submission posted on MioShare is at your own risk.

You agree that you will not submit anything on MioShare through the Software that: (a) is illegal or encourages or advocates illegal activity or conspiracy to commit any criminal activity; (b) infringes or violates any right of a third party including, but not limited to copyright, patent, trademark, trade secret or other proprietary or contractual rights, right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity, or any confidentiality obligation; (c) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Software or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Software.

We cannot and do not assure that other users are or will be complying with the foregoing. You acknowledge and agree to assume all risk of harm or injury resulting from any such lack of compliance.

YOUR RIGHTS

1. Right to withdraw consent. Where MiTAC is collecting or/and processing data based on your consent, you have the right to withdraw that consent at any time.

2. In addition, you have the right to:

• access your personal data;
• copy or transfer your personal data;
• demand rectification of incorrect or incomplete data;
• require deletion or removal of your personal data;
• request not to be subject to entirely automatic profiling algorithms;
• impose restriction on processing of your personal data; and
• object to the processing of your personal data based on grounds other than your express consent.

3. We may use automated processing with your personal data to allow us to provide you with service and product information that is most suited for your interests. If you are unhappy with the automated decision, you can contact us and request a manual review.

4. You have the right to lodge a complaint with the UK Information Commissioner should you believe that MiTAC has violated your privacy right through inappropriate use of your personal data and has failed to promptly cure such violation upon receipt of your request for cure.

CHILDREN'S PRIVACY

We encourages parents and guardians to take an active role in their children's online activities. We do not knowingly collect personal information from children without appropriate parental or guardian consent. If you believe that we might have collected personal information from someone under the applicable age of consent without proper consent, please let us know using the methods described below and we will take appropriate measures to investigate and address the issue promptly.

SECURITY OF YOUR PERSONAL INFORMATION

1. MiTAC is committed to protecting the information you provide us. We take the information and system security very seriously and we strive to comply with our obligations at all times. MiTAC will take great care in maintaining the security of your personal data and in preventing unauthorized access to it through the use of appropriate technology and internal safeguards.  Your information is protected by controls designed to minimize loss or damage through accident, negligence or deliberate actions.
2. We suggest that you do not share your password information with anyone. If you are sharing a computer with others you should always choose to log out before leaving a site or service to protect access to your information from subsequent users.

DATA RETENTION PERIOD

1. Except as otherwise required by applicable law, MiTAC endeavors to retain your personal data only for as long as is necessary for MiTAC to fulfill the aforementioned purposes. After the data retention period, we will destroy or delete your personal information or make it anonymous such that it cannot be identified or traced back to you.
2. If in the future we intend to process your personal data for a purpose other than that which it was collected, we will notify you of that purpose together with any other relevant information.

CHANGES TO THIS PRIVACY POLICY

MiTAC may change the terms of the Privacy Policy from time to time. In case of any changes, we will post those changes. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.

Contact Us

If you have any concerns as to how your personal data is collected or processed or your rights, or any question about our Privacy Policy, you can contact us.

MiTAC Europe Limited

The Pinnacle, Station Way, Crawley, RH10 1JH, UK

Registered in England with Company Number 4214164

VAT Number GB771 782 304

Email: privacy@mitac.com