INTRODUCTION

Mobile Powersports (“Company” or “MPS”) respects your privacy and is committed to protecting it. Please read this Privacy Policy carefully to understand how the Company collects and uses your personal information and data. This Privacy Policy covers all Personal Information that we receive from various sources, as outlined below. For purposes of this Privacy Policy, Company includes MPS’s related affiliates/subsidiaries, and third-parties who process Personal Information on behalf of those entities whenever those entities process Personal Information from data subjects who are MPS’s clients, customers, commercial prospects, employees, business associates, vendors, or contractors. Company intends to provide you with a level of comfort and confidence by providing the appropriate safeguards when Personal Information is processed.

This Privacy Policy also explains how you can contact the Company if you have any questions or concerns. By using or accessing Company’s website in any way, or by engaging in transactions with Company through any other means, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent to our collection, use and disclosure of your information in the manner described herein. If you do not agree with this Privacy Policy, please do not use this website or transact business with the Company.

For purposes of this Privacy Policy, “Personal Information” may include any information that can be used to identify or locate you, such as your name, address, IP address, mailing address, contact information, email address or phone number and other information you may produce to us. Both federal and state law in the United States define Personal Information or Personal Data, as do the laws of Canada, the European Union, and other countries and jurisdictions. This Privacy Policy is intended to include the most expansive definition. However, please recognize that your rights related to Personal Information, and how Personal Information is defined, differs somewhat from state to state and country to country.

Changes to Privacy Policy. We review this Privacy Policy regularly and may update it from time to time. We will post any changes on this page and may also provide notice of material changes to our Privacy Policy on our home page. If you object to any changes to this Privacy Policy, you may close your account and discontinue use of our website. Each time you use any service of the Company, you agree that the current version of this Privacy Policy applies.

PERSONAL INFORMATION THAT WE MAY COLLECT

• Contact information (which may include name, physical and mailing address, telephone number, fax number, company, and email address);
• Other individual identifiers, including age or date of birth, gender, password, and other contact information that you voluntarily transmit with your communication to us;
• Payment information, such as credit card type or number or bank account number. However, please note that MPS and our employees will not have access to payment data or store such data on our servers. Your payment card information, such as account numbers, is collected and processed via a third-party vendor that specializes in payment processing and has committed to PCI DSS compliance;
• Information regarding your electronic device(s) such as operating system, IP address, language preferences, referring webpage, and whether or not you use screen reader technology;
• Internet use information such as browser type and version;
• Regulatory information (to satisfy regulatory obligations such as tax and other reporting obligations).

HOW WE COLLECT YOUR DATA

Generally, our collection of Personal Information from you is completely transparent and will not occur unless you voluntarily provide it to us by visiting our website, interacting with a feature of our website, completing a transaction with us, participating in a promotion or giveaway, setting up an account, or communicating with us. We only collect information that is necessary for the purposes identified herein. Please note that we do not control the collection or use of your information by third parties who may provide it to us, and such is subject to their privacy policies.

Our collection of other data and information may happen without your express knowledge, but you hereby consent to it. This means that you will not necessarily know when and how it is happening. However, we can only gather the information through your voluntary interactions with us. For example, by visiting our website, we automatically receive aggregate information about your computer’s internet protocol (IP) address and the type of computer and web browser you use. As explained in more detail below, we may use Cookies to assist with this process.

If you object to or limit the processing of certain information of this nature, you may not be able to easily or efficiently use all of the features of a website or interact or transact business with Company. By providing us this information, you expressly agree to our collection, use, storage, and disclosure of it as explained in this Privacy Policy.

HOW WE USE YOUR DATA

We may use and process Personal Information for any purpose that is permitted under applicable data protection laws in accordance with this Privacy Policy. “Processing” of Personal Information includes collecting, recording, organizing, structuring, storing, altering or modifying, retrieving, transmitting, disclosing or otherwise making available to third parties, deleting, and otherwise using or dealing with your Personal Information. We may process your Personal Information with or without automatic means.

1. These purposes include:

1. Our business purposes. Including selling recreational vehicles and other related/associated products; addressing customer service issues; processing invoices and payments; collecting debts; planning and conducting marketing activities, tradeshows, trials, consultations, seminars, webinars, and demonstrations; responding to inquiries; conducting web analytics, security monitoring, and business operations and administration; and addressing tax and other regulatory requirements.
2. Purposes related to our website and products. These purposes include operation of our website, remote management, education and information services, training, communication, customer service, system monitoring and data security. We use Personal Information to facilitate use of website and software features and related services, including through the use of third-party service providers. We also use Personal Information to communicate with our customers and users to inform them of information that may be helpful or informative to them.
3. Marketing. The Company may send users and prospective customers marketing communications to inform them of new products, promotions, or other special events or offers that might be of interest to them, which may include information about products of companies that we partner with (“Special Offers”). When you register for one of our products, or submit an online inquiry, you consent to receiving communications about our Special Offers. In connection with Special Offers, we may ask for contact information or other Personal Information. If you would like to stop receiving information about Special Offers from Company, please see the “YOUR RIGHTS RELATING TO YOUR PERSONAL INFORMATION” section of this Privacy Policy below.
4. For the Protection of Company and Others. If Company, in good faith, determines that you have used the service to menace, threaten, harass, intimidate or otherwise deceptively pose as another person, or in any other way in violation of law, or if you attempt to use the website or purchase or use a product for any unlawful means, you have no expectation of privacy and we may use and disclose any and all information for the protection of Company and others.
5. Pursuant to Law, Rule or Regulation. If required or permitted to do so by law or if, in good faith, Company believes that such action is necessary to: (1) comply with laws and regulations or with legal processes; (2) protect and defend Company’s rights and property or prevent fraud; (3) protect Company against abuse, misuse or unauthorized use of Company’s products; (4) protect the personal safety or property of our personnel, users of our website or the public; and/or (5) comply with tax reporting requirements, then the Company may use and disclose any and all information as needed. The servers that serve our website automatically identify a computer by its IP address.
6. Aggregated and de-identified data. We may anonymize data to create statistical data or system usage data, by removing all personal identifiers and/or aggregating your data with other’s data so that it is not identifiable as to any particular person. Such de-identified data may be retained and used by Company to improve its products and for other proper purposes, provided that such retention and use is permitted by applicable laws.

1. Legal basis. We base our processing of Personal Information on the need to perform our contractual obligations and our legitimate business activities. We also process Personal Information to comply with applicable law and to exercise our legal rights. We may also use your Personal Information for internal purposes, including auditing, data analysis, system troubleshooting, and research. In these cases, we base our processing on legitimate interests in performing the activities of the organization.

CONSENT TO THE COLLECTION AND USE OF YOUR INFORMATION

By using the website, you give your consent to collect and use all Personal Information that may be processed by us in the manner and for the purposes described herein. If you do not agree to these terms and conditions, do not use the website. If you change your mind after you provide your affirmative consent, you may withdraw your consent on the website or by contacting us (see contact information below) with an unsubscribe notice.

Cookies

Cookies are small text files placed on a user’s computer with the user’s browser to collect standard internet log information and to enable our website to track a user’s activities on the website. Cookies make the use of our website easier, among other things, saving your preferences. We may also use cookies to deliver content tailored to your interests. Our cookies may enable us to relate your use of the website to Personal Information that you previously provided. The information that we collect with cookies allows us to statistically analyze usage of the services and to improve and customize our content and other offerings. However, we only disclose information collected with cookies to third parties on an aggregated basis without the use of any information that personally identifies you.

You have the right to decide whether to accept or reject cookies. You can also set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our website through your access to certain portions of it and to some functionality may be limited. Web browser controls vary, so you should visit your browser’s help menu for more information. You can exercise your preferences with some third-party cookies by visiting third-party websites. Company does not control any third-party opt-out links or websites and is not responsible for any choices you make using these mechanisms. To learn more about cookies and how to manage and delete them, visit http://www.allaboutcookies.org.

DO NOT TRACK

Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. We currently do not respond to browser “do not track” signals.

HOW WE SHARE OR DISCLOSE YOUR DATA

No sale of Personal Information. We never sell or rent Personal Information to third parties.

Disclosures of Personal Information. We may disclose or share your Personal Information with other parties in the following circumstances:

1. Our business purposes. Including selling recreational vehicles and other related/associated products; addressing customer service issues; processing invoices and payments; collecting debts; planning and conducting marketing activities, tradeshows, trials, consultations, seminars, webinars, and demonstrations; responding to inquiries; conducting web analytics, security monitoring, and business operations and administration; and addressing tax and other regulatory requirements.
2. Third-party service providers. We use third-party service providers (or subprocessors) to process Personal Information to facilitate your use of our products and in the operation of our business. This includes providing Personal Information to third parties for their processing in performing functions on our behalf, particularly the functions listed above in the “HOW WE USE YOUR PERSONAL INFORMATION” section. These functions include collecting debts, hosting software, performing security services, analyzing data, performing surveys, administering our website, and/or providing technical support services. These third party providers will be contractually and/or legally required to protect Personal Information from additional processing (including for marketing purposes) and transfer in accordance with applicable laws. Under certain data protection laws, if applicable, we may be liable if a third party subprocessor that we have engaged to process Personal Information fails to fulfill its data protection obligations.
3. Payment Transactions. Company uses third party payment processors. You authorize Company to collect and share with third party processors your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data
4. Compliance with law and protecting our legal rights. We may disclose your Personal Information to regulatory bodies if we have a good-faith belief that doing so is required under applicable laws or regulations. This may include submitting Personal Information required by tax or other governmental authorities, or lawfully requested by governmental agencies, including law enforcement and judicial authorities. We may also disclose your Personal Information in order to exercise or defend our legal rights; to take precautions against liability; to protect the rights, property, or safety of Company or any individual or third party; to maintain and protect the security and integrity of our information system; to protect Company against fraudulent, abusive, or unlawful acts; or to investigate and defend Company against third-party claims or allegations.
5. Corporate Transactions. If a third party acquires all or substantially all of the assets of, or ownership interests in, Company whether by merger, acquisition, reorganization or otherwise, Company may transfer its database, including all Personal Information contained therein, to the acquiring entity.
6. Aggregated and de-identified data. We reserve the right to disclose aggregated user statistics as well as non-personally identifiable information (such as anonymous usage data), in order to describe our services to prospective partners, licensees, advertisers, and other third parties.

STORAGE OF PERSONAL INFORMATION

We may store Personal Information that we have collected (through the means described above) on our premises and in our information system at our facilities, in third party data centers, in the systems of third-party service providers, and in cloud storage solutions. Company stores all information in state-of-the-art physical storage facilities and cloud storage. In doing so, the Company uses appropriate physical, organizational and technological measures to protect the Personal Information you provide to us against loss or theft, and unauthorized access, disclosure, copying, use, or modification. This includes limiting access on a “need-to-know” basis.

However, no electronic data transmission can be guaranteed to be secure from access by unintended recipients and the Company will not be responsible for any breach of security unless this breach is due to its negligence. Although we are committed to employing reasonable technology in order to protect the security of our Website, even with the best technology, no website is 100% secure. In transacting business with us through our website, you assume the risk inherent in transacting business online. If you prefer to submit your order by telephone, please call us at (800) 336-5437.

To offer our website and products to you, the Company may rely on plugins and services from third parties such as internet service providers, email service providers and plugins, calendar plugins, credit card processors, and third party data storage. None of these providers should have access to your Personal Information and our credit card processors are PCI compliant. However, we cannot guarantee with certainty that the computer systems and storage systems whereon these services are offered will not be accessed by unauthorized parties. This is a risk inherent in providing any information or conducting any business online. In transacting business with us through the website, you assume the risk inherent in transacting business online.

The Privacy Policy only applies to the Company. The website may include links to the websites of our business partners, vendors and advertisers, including as examples, payment processors. These other sites are outside of our control. Please be aware that these websites may collect information about you and operate according to their own privacy practices which may differ from those contained in this Privacy Policy. Company encourages users to be aware when you leave this website and to read the privacy statements of each website you visit that collects Personal Information. While the Company carefully chooses the websites to link to, this Privacy Policy applies solely to information collected on this website.

Our cloud-based software and mobile apps are stored in and run from the cloud. Where third parties are used to host such products, we use third parties who meet required privacy and security standards.

PERSONAL INFORMATION SECURITY

Company uses technical and organizational measures to protect the Personal Information that we store, transmit, or otherwise process, against accidental or unlawful destruction or disclosure, loss, alteration, or unauthorized access. Our security controls and risk management program and processes are designed to implement appropriate technological and organizational measures to ensure a level of security appropriate to the risks. We regularly consider appropriate new security technology and methods. Security measures implemented include:

• Web and database servers are protected using firewalls;
• Passwords used for account registration require minimum password strength attributes;
• User access is tracked;
• Role-based security is applied to system access;
• Use of data encryption;
• Regular system backups are made;
• Regular maintenance is performed on systems;
• Systems are monitored for security;
• All Company employees are contractually obligated to maintain the confidentiality of Personal Information accessible through their employment; and
• All Company employees are required to attend regular security and awareness training.

RETENTION OF PERSONAL INFORMATION

Company processes Personal Information for a reasonable period of time to fulfill the processing purposes mentioned above. Personal Information is then archived for time periods as required or necessitated by law or legal considerations. Company reserves the right to delete a customer’s data, including Personal Information provided by that customer, from its system after 30 days from the date of Company’s last transaction with customer. Company also deletes Personal Information in response to an individual’s request, as set forth in the “YOUR RIGHTS RELATING TO YOUR DATA” section below.

Company reserves the right to retain usage data relating to our products, as well as data that has been anonymized and/or aggregated, to the extent permitted by applicable laws. With respect to any Personal Information collected by us for marketing or for our own internal purposes, we will retain that data for a reasonable time in order to fulfill those purposes.

We regularly review our retention policy to ensure compliance with our obligations under data protection laws and other regulatory requirements. We regularly audit our databases and archived information to ensure that Personal Information is only stored and archived in alignment with our retention policy.

YOUR RIGHTS RELATING TO YOUR DATA

If you wish to opt out from any of the uses of Personal Information that are specified in this Privacy Policy, except in the case of legal proceedings or where your data is required for tax and transactional purposes, please contact us as described in “COMPANY’S CONTACT INFORMATION” section below. Please note that your subsequent disclosure of Personal Information to us nullifies any prior opt-out request.

Company does not discriminate against those who opt-out. However, opting out may prevent us from conveniently and efficiently providing products, support, and related services and information to you.

Unsubscribing to marketing communications. In particular, if we are sending you email communications of a marketing nature, an ‘unsubscribe’ option is provided in the footer of every email. You may also contact us directly to unsubscribe to marketing emails or other marketing communications, at the contact information set forth in the “COMPANY’S CONTACT INFORMATION” section below. If you have agreed to receive marketing communications, you may always opt out at a later date.

CHILDREN

The website is not intended or designed to be used by anyone under the age of 13. It is not meant to be attractive to anyone under the age of 13, or to have any value or use by anyone under the age of 13. Company does not collect Personal Information from any person it knows to be under the age of 13. DO NOT TRANSACT WITH US THROUGH THIS WEBSITE OR OTHERWISE, AND DO NOT SEND ANY PERSONAL INFORMATION, IF YOU ARE BETWEEN THE AGES OF 13 AND 17. DO NOT USE THIS WEBSITE UNLESS YOU ARE SUPERVISED BY A PARENT/GUARDIAN OR HAVE RECEIVED PERMISSION FROM YOUR PARENT/GUARDIAN.

RIGHTS OF CALIFORNIA RESIDENTS

If you are a California resident, you have the right to request access to information, request the deletion of information, right to correct information collected about you, and right to request information about how MPS sells or discloses your information to third parties for a business purpose. Regarding information we sell or disclose to third parties, you have the right to opt out of such sale or disclosure at any time. You can exercise your right to opt out by contacting us using the information in the Contact Information section below. Please see our California Privacy Notice here for additional information regarding our privacy practices in California.

RIGHTS OF COLORADO OR VIRGINIA RESIDENTS

If you are a Virginia or Colorado resident, you have the right to request access to information, request the deletion of information, right to correct information collected about you, right to receive copies of information gathered about you, and request information about how MPS sells or discloses your information to third parties for a business purpose. Regarding information we sell or disclose to third parties, you have the right to opt out of such sale or disclosure at any time. You can exercise your right to opt out by contacting us using the information in the Contact Information section below.

COMPANY’S CONTACT INFORMATION

If you have any questions about this privacy policy or your Personal Information that we hold, would like to cease receiving marketing materials from us, have any complaints, or would like to exercise any of your other rights related to your Personal Information, please contact us:

Mobile Powersports’s Privacy Point of Contact: Security Director

Address: 2296 Cass Road Suite D, Traverse City, MI 49684

Toll-free Number: 231-492-5555

Email: [email protected]