Privacy Statement

Effective date: 1 March 2021

This Privacy Policy details the privacy practices of Cleary Bikes, 2700 Rydin Rd, Suite B, Richmond, CA 94804. Please read below and learn how Cleary collects, uses and shares your information through a variety of digital means, including any of our mobile applications, websites or other products or services (collectively, “Services”) that link to or refer to this Privacy Policy, and your choices and rights regarding that information. If you have questions about this Privacy Policy you can contact us at [email protected].

In connection with providing our Services, there are times when we may ask for or collect information from you, either in the form of anonymous data or personally identifiable information.

WHAT INFORMATION DO WE COLLECT?

We collect information you voluntarily provide, as well as information that your computer, mobile phone, tablet, console or other device (collectively, “Device”) or browser provides automatically. We use cookies to make the Services perform better for you and for advertising purposes. You can opt out of the use of cookies, but if you do, some features of the Services will not work correctly.

Information You Provide To Us: We, or our service providers (acting on our behalf), collect “Personal Information” (which is information that, on its own or when combined with other information, can be used to identify you) that you provide to us, such as your first and last name, gender, image, email address, telephone number(s), postal address, post code, billing address, age, birth date, profile, location information, activity and performance information, avatar, weight, height, emergency contact details, and when necessary, credit card information.

We collect information from you when you:

• Place an order from our Services;
• Return an item or make an exchange;
• Inquire about our Services;
• Create an account via our Services;
• Sign up for email updates or to receive our newsletter and/or advertisements;
• Register and use your bicycle;
• Enter a contest or sweepstakes;
• Use a Service that requests information regarding your location;
• Are referred to us through a marketing promotion; or
• Participate in a marketing survey, promotion or event.

Information Collected Automatically: Whenever you visit or interact with the Services, we, as well as our third-party service providers, use a variety of technologies that automatically or passively collect information about how you access and use the Services (“Usage Information”). Usage Information includes:

• Your IP address or other unique identifier for your Device.
• Device type.
• Your location.
• The type of browser software and operating system you are using.
• The web page(s) you have accessed, and the time you accessed them.

We also automatically collect certain other information, including:

• information about your purchases and purchase history;
• data from chat features; and
• billing history, log data and error reporting.

Cookies: We, and/or our third party service providers, place “cookies” (data files placed on a Device when it is used to visit our website), on your Device to collect Usage Information, for security purposes, and to enable you to use the Services, as well as for market research related purposes. To learn how to reduce the number of cookies you receive, or delete cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu or other instructions related to your browser. You can also learn more about cookies by visiting https://ico.org.uk/for-the-public/online/cookies, which includes additional useful information on cookies and how to block cookies using different types of browsers.

Google Analytics: We use a tool called “Google Analytics” to collect information about your internet use. For example, how often you visit our site, the pages you visit, and what other Sites you may have visited prior to coming to our site. We use Google Analytics to gain insights into how our services are used and to help us improve our products and services. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. To opt-out of Google Analytics, please use Google’s opt-out tool: https://tools.google.com/dlpage/gaoptout.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the information we collect about you to provide you with products and services, to improve your experience, and to enforce our rights.

We use the Personal Information we collect about and from you:

• To perform our responsibilities under a contract we have with you. For example:
  • If you purchase goods using the Services, we will need to use your Personal Information to process your order and to enable delivery;
  • If you ask us to recommend products based on your metrics, we will need to use your Personal Information to match you with products we think would work best for you; and
  • We will need to use your Personal Information to perform our obligations under our website terms of use.
• When we have a legitimate interest to do so. For example:
  • To prevent fraud and protect the security of our Services;
  • To enforce our Terms of Use;
  • To communicate updates and improvements;
  • To carry out market research;
  • To develop and optimize our products and services;
  • To comply with our legal obligations.

If you have purchased products and services from us, we may also send you marketing communications about similar products and services.

• With your consent. For example:
  • We send certain marketing communications to you only if you consent to receive them.
  • We do not share your Personal Information with third parties for their direct marketing purposes without your consent.
  • With your consent, we use your information to personalize your Cleary experience, including: to tailor content, advertisements, and offers we serve you.

WHO DO WE SHARE YOUR INFORMATION WITH?

We share your information with our affiliates and service providers. We will also share your information if we reorganize our business. We will share Personal Information as necessary to enforce our legal rights or meet our legal obligations.

We share your Personal Information with third parties in the following circumstances:

• Affiliates:
  Other businesses (our “Affiliates”) jointly use the Personal Information for the purposes described in this Privacy Policy, where this is acceptable under applicable law.
• Third Party Service Providers: We use third parties to help us provide the Services to you. Third parties we use for payment processing, email, marketing, customer service and other services will access your Personal Information to help us provide these services to you. We will provide your Personal Information to these third-party service providers when the information is necessary for them to perform their duties. For example we will share bank details and credit card information with payment providers that process payments (where applicable).
• Business Transfers: We will share your Personal Information if we are acquired by or enter into a merger with another company, or otherwise reorganize our business.
• With Third Parties, Where Necessary for Legal Reasons: We will transfer and disclose your Personal Information to third parties where we need to do so in order to conform to the requirements of the law or comply with legal process served upon us, to make sure you are complying with our Terms of Use or other applicable policies, to investigate possible fraud, or to help investigate or fix any security or technical issues relating to the Services.

CHILDREN

We do not knowingly collect Personal Information from children.

The Services are not designed for or directed at children. As such, we do not knowingly process Personal Information about children under 16 years of age.

STORAGE OF YOUR PERSONAL INFORMATION

We keep your information for as long as you have an account with or are otherwise an active customer of Cleary. Once you delete your account or no longer use our products and Services, we will only keep your information as needed to fulfil our legal obligations, resolve disputes, enforce our agreements, or take other actions permitted by law.

We will generally store information associated with your account until it is no longer necessary to provide the Services, until you ask us to delete it, or until your account is deleted, whichever comes first; but there are some exceptions to this general rule. We will retain information from deleted accounts to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, process warranty claims, distribute important product information (such as recall information), enforce our agreements, and take other actions permitted by law.

SECURITY MEASURES

We use a variety of current technologies and processes and maintain physical, technical and administrative safeguards for the protection of our customer data. It is our practice to use encryption whenever we receive or transmit sensitive data. We use encryption technology to ensure the secure transmission of any personal information you provide while using our Services. All transactions completed through our Services are conducted using 2048-bit Secure Sockets Layer (SSL) encryption. We will take reasonable measures which we believe are appropriate to protect your information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom we may transfer your information take comparable steps to protect that security. Although we will use all reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot guarantee that your information will always be secure.

Email is not a secure form of communication. Please do not send us your credit card number, social security number or other Personal Information via email.

YOUR RIGHTS AND CHOICES

You can stop receiving promotional communications from us by following the opt-out instructions provided in any such communication you receive. You can also email [email protected].

CHANGES TO OUR PRIVACY POLICY

We may change our privacy practices, and we will update this page when we do, so be sure to check it periodically.

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will provide you with a prominent notification prior to the

change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

QUERIES OR COMPLAINTS

Please contact us with questions. If you are dissatisfied with how we use your Personal Information, you can complain to our Support Specialist at [email protected]

OUR CONTACT DETAILS

You may contact our Support Specialist using the following details:

By email: [email protected]