PRIVACY STATEMENT
Last Updated: April 2019
General
Motors Mobility Europe GmbH (“GM Mobility”) and its affiliates (collectively, "we")
provide this Privacy Statement to let you
know how we collect, use, and share your information when you download and use GM Mobility’s ARῙV mobile app (“App”) and connect the App to your ARῙV
eBike (collectively the “Services”). This Privacy Statement excludes products and
services with separate privacy statements that do not incorporate this Privacy
Statement.
GM Mobility is the company
responsible for data protection (the “data controller”). It is a German company located at Friedrich -
Lutzmann - Ring, Ruesselsheim, 65428, Germany.
GM
Mobility is a subsidiary of General Motors Holdings LLC ("GM"), 300
Renaissance Drive, Detroit, Michigan 48243 USA. We share information with GM
and its subsidiaries and affiliates. When
GM and its controlled subsidiaries and affiliates in the United States receive
personal information from GM Mobility, it is shared in compliance with
applicable legal requirements providing adequate protection for the transfer of
personal information to countries outside of the European Economic Area or
Switzerland.
Key points about our information
practices:
|
Collection |
We may collect
information about you, your bike and your device, such as name, address, bike
diagnostics, and bike location, through your use of our Services, and through
others who provide information to us. See below to learn more. |
|
Use
|
We may use your
information to improve the quality, safety, and security of our Services, to
develop new products and services, and for marketing. See below to learn more. |
|
Sharing |
We may share your
information to provide you with the Services, to improve the quality, safety,
and security of the Services, to comply with applicable law, to respond to
your requests, and to allow recipients to use for marketing or other purposes
subject to your consent where required. See below to learn more. |
|
Marketing |
You can
specifically consent that your personal data could be processed for marketing
purposes. See below to learn more.
|
|
Your
Rights |
You have rights
under applicable data protection law regarding your personal data processed
by us. See below to learn
more. |
|
Your
Obligations |
Given the nature of
our products and services, there may be times when someone other than you is
using the Services we provide to you (for
example, you let someone else drive your bike). We rely on you to inform
such person about this Privacy Statement and the privacy choices you have
made. See below to learn
more.
|
|
Cookies
and Tracking |
We may use cookies
and similar technologies to help provide Services, understand and customize
your preferences, and display relevant advertising. See below to learn more. |
|
Third
Party Products and Services |
In connection with
our Services, you may be offered the opportunity to use third party products
and services that are not owned or controlled by GM Mobility and are governed
by separate user terms and privacy statements. See below to learn
more. |
|
Access
and Update |
You may access your
online accounts to update your information or you may contact us to learn
about how to do so. See below to learn more. |
|
Security
measures |
We maintain reasonable and adequate security controls to protect your
information and require our service providers by contract to do the same. See below to learn
more. |
|
Retention |
We keep information
for as long as necessary to provide our Services, operate our business, and
comply with legal obligations. See below to learn more.
|
|
Children's
privacy |
We do
not target or knowingly collect any information from children under the age
of 13. See below to learn
more. |
|
International
Data Transfers |
We maintain
appropriate protections for cross-border transfers as required by law for
international data transfers. See below to learn more.
|
|
Changes
|
We will notify you
of any material changes by posting the updated version of this Privacy
Statement and taking other steps as needed.
See below to learn more.
|
|
Contact
Us |
Please contact us
by mail, email, or phone with any questions.
See below to learn
more. |
We may
collect the following information through your use of the Services, and
otherwise with your consent if required.
The types of your information that we may
collect include:
Information
about you and your accounts with us:
such as your name, address, telephone number, e-mail address, login
information, password, and emergency contact information.
Information
about your bike: such as bike identifiers and diagnostic information,
and information about software versions.
Information
about the use of your bike: such as GPS location and speed.
Information
about your mobile device and how you interact with our Services: such as mobile
device location, IP address, browser type, unique device identifier, cookie
data, associated identifying and usage information from your mobile device.
·
provide
our Services
·
evaluate
and improve the quality, safety, and security of our Services for the purposes of our legitimate interests, or those of a
third party
·
develop
new products and services for the purposes of our legitimate interests, or
those of a third party
·
maintain
customer relationships and communicate with you for the performance of a
contract to which you are a party
·
administer
your account(s) for
the performance of a contract to which you are a party
·
operate
our applications, including online registration processes for the performance
of a contract to which you are a party
·
provide
customer and bike support and service for the performance of a contract to
which you are a party
·
provide
product and service updates for the performance of a contract to which you are
a party
·
for
research, evaluation of use, and troubleshooting purposes for the purposes of
our legitimate interests, or those of a third party
·
protect
the safety of you or others for the purposes of our legitimate interests, or those of a
third party
·
for
marketing and analytics purposes including interest based marketing and
advertising, for the purposes of our legitimate interests, or those of a third
party, or on the basis of your prior consent where requiredadminister your
participation in contests, quizzes, surveys, promotions and offers for the performance
of a contract to which you are a party
·
customize
and improve communication content and your experience with use for the purposes
of our legitimate interests, or those of a third party and
·
comply
with legal, regulatory or contractual requirements
Where required, we will
anonymize your information in a way that it can't reasonably be associated with
you or your bike. We may use anonymized information or share it with third
parties for any legitimate business purpose.
Communications
with you in connection with these uses may be via mail, telephone, e-mail, text
message and other electronic messages or via our websites and applications. See
“Your
Choices”
below to learn how to manage your communication preferences.
How We May
Share YOUR INFORMATION
We may
share your information as described below and with the third party service providers
listed in the table below this Privacy Statement (as updated from time to time). Where required we will obtain additional
consent or sign a Data Processing Agreement according to art. 28 GDPR or
anonymize the information:
GM Family of
Companies:
Within the GM family of companies for the above uses.
Business
Partners and Independent Third Parties:
With business partners not within the GM family of companies in
connection with our or their products and services, research institutes, for research and development purposes, for service maintenance of your bike, and
marketing activities.
We may also share data with business
partners and independent third parties where you have elected to receive a product
or service from them and authorized them to request data from GM Mobility or
for promoting joint marketing programs. Please see their respective privacy
policies for information on how they use your personal data.
Service
Providers: With our product and service providers who
work on our behalf in connection with the above uses, companies
that administer our contests and promotions, host and/or operate our applications,
send communications, and perform data analytics.
Where
Required or Permitted by Law: As required or
permitted by law, such as in conjunction with a subpoena, government inquiry,
litigation, dispute resolution, or similar legal process, when we believe in
good faith that disclosure is necessary to protect our rights, your safety, or
the safety of others, to detect, investigate and prevent fraud, or to conduct screening
to ensure you are not on any government list of restricted parties.
Business
Transfers: With a prospective or completed sale,
transfer, or financing of a part of a GM Mobility business or its assets.
The basis on which we process your
information is as follows:
·
you have given your consent to the
processing of your information for one or more specific purposes (see also "Your
Choices" below);
·
the processing is necessary for the
performance of a contract to which you are a party or in order to take steps at
your request prior to entering into a contract;
·
the processing is necessary for
compliance with a legal obligation to which we are subject;
·
the processing is necessary in order to
protect your vital interests of you or of another natural person;
·
the processing is necessary for the
performance of a task carried out in the public interest or in the exercise of official
authority vested in us;
·
processing is necessary for the
purposes of the legitimate interests pursued by us or by a third party, except
where such interests are overridden by your interests or fundamental rights and
freedoms which require protection of personal data, in particular if you are a
child;
·
other applicable legal basis for data
processing, especially provisions set out by applicable law.
The provision of your information may
be required due to a statutory or contractual obligation, may be necessary to
enter into a contract with us or to receive our services/products as requested
by you, or may otherwise be voluntary for you. Not providing your information
may result in disadvantages for you, e.g. you may not be able to use certain
products and services or may accept limited functionality. However, unless
otherwise specified, not providing your information will not result in legal
consequences for you.
MARKETING ACTIVITIES
Regardless of collection of
personal data for the fulfilment of the contract, you can specifically consent
that your personal data could be processed for marketing purposes, market
research, tracking sales data and customer satisfaction. This may require the
involvement of carefully selected service providers (such as agencies and
opinion research institutes) appointed as data processor.
If
you are a resident of the European Economic Area, you have the following rights
in respect of your personal data:
· Request from us access to your personal
data under Art. 15 GDPR, which right can be exercised by contacting us at the
address set out below;
· Request from us rectification or
completion of your incorrect or incomplete personal data under Art. 16 GDPR;
· Request from us erasure of your personal
data under Art. 17 GDPR;
· Request from us temporary restriction
of processing under Art. 18 GDPR;
· Right to data portability under Art.
20 GDPR, i.e. the right to receive the personal data concerning you, which you
have provided to us, in a structured, commonly used and machine-readable format
and the right to transmit those data to another controller without hindrance
from the controller to which the personal data have been provided, where the
processing is based on consent pursuant to Art. 6 para. 1 lit. (a), Art. 9
para. 2 lit. (a) GDPR or on a contract pursuant to Art. 6 para. 1 lit. (b)
GDPR; and our processing is carried out by automated means.
· Right to object:
You
have the right to object the processing of personal data concerning you under
the conditions specified in Art. 21 GDPR.
· Right to withdraw consent:
In
so far as processing of personal data is based on Art. 6 para. 1 lit. (a) or
Art. 9 para. 2 lit. (a) GDPR, you may withdraw consent at any time, without
affecting the lawfulness of processing based on consent before its withdrawal.
· Right to lodge a complaint:
As
of 25 May 2018, you can lodge a complaint under Art. 57 para. 1 lit. (f) GDPR
with the data protection supervisory authority.
To
exercise your rights, you can write to privacy@gm.com
You
can also access your online account to view or update certain of your personal
data in that account.
The
nature of our products and services means that there may be circumstances where
you might let someone else use a product or service that we provide to you (for example, you let someone else drive your
bike). It is important that if you do let someone else use one of our
products or services that you inform them of this Privacy Statement and of the
privacy choices that you have made.
Cookies and Other Tracking Technologies
We may use cookies, pixel
tags, web beacons and other tracking technologies on our websites,
applications, email messages and advertisements to (i) support the
functionality of our services (such as the website or app) for instance to
allow you to maintain your account login information or contact information on
web forms between visits, (ii) analyse how our services (such as our website
and app) are used, (iii) gather information about your visit (such as
demographic data, browser type, IP address, pages visited, activities conducted
on the page, and the day and time of your visit) and (iv) to support our
interest-based advertising activities, which allow us to publish targeted
advertisements in our website or through a third party's domain. Such cookies and similar technologies
automatically collect (certain types of) data. In addition, we use information
gathered from cookies to autofill fields on forms such as the city, state or
zip/postal code associated with your IP address. This information can be
corrected by you before submitting any form or inquiry or you can disable the
cookie as discussed below and the information will not be collected.
For some types of advertising
and marketing related cookies and similar technologies, your prior consent is
required. Interest-based advertising is based on your interests as inferred
from your activities over time on our online services and online services
operated by third parties, as well as other information. Based on your prior
consent we place pixel tags and web beacons in our emails to measure the
effectiveness of our email campaigns by identifying the individuals who open or
act upon an email message, when an email message is opened, how many times an
email message is forwarded, the type of software, device, operating system and
browser used to deliver the email and any URL accessed through our email
message.
To measure site activity,
provide a better user experience, and tailor our marketing communications, we
or our service providers or business partners may compile information collected
across your devices from the cookies, pixel tags, web beacons or other
technologies on our websites. This information
may be combined with other information collected online or offline about you,
including data provided by third party sources, and may be used or shared for
the purposes described in this Privacy Statement. We may also allow third party
advertising and personalization partners to use this information to develop
personalized content and appropriate advertising based on your visits over time
on GM web sites and non-GM web sites.
This information may also be used to evaluate our online advertising
campaigns or to tailor promotions and other marketing messages to you across
your devices.
At this time, we do not honor
“do no track” signals from a web site browser. However, you may refuse or
delete cookies. Please refer to your browser Help instructions to learn more
about cookies and other technologies and how to manage their use. If you elect
to refuse or delete cookies, you will need to repeat this process if you use
another computer, or change browsers. If you choose to decline cookies, some of
the functionality of a website may be impaired.
Third Party
Services, Applications AND WEBSITES
Certain
third party services or applications you download, that are pre-installed, that
are linked to from our sites, or which you may sign up for may have separate user
terms and privacy statements, which are independent of our Privacy
Statement. GM Mobility is not
responsible for the personal information practices of these third party
services or applications. We recommend that you carefully review the user terms
and privacy statement of each third party service or application prior to
signing up, downloading, or using them.
How
We Safeguard YOUR INFORMATION
We maintain appropriate
technical,
administrative, organizational and physical security and confidentiality measures
designed to protect your information from unauthorized access or acquisition
and to ensure a level of security appropriate to the risk
of varying likelihood and severity for your rights and freedoms related to
personal data.
We also require by contract (other than in an emergency situations) that third
party services providers acting on our behalf or with whom we share your
information also undertake to provide such measures.
How Long We
Keep YOUR INFORMATION
Your personal data will be retained as
long as necessary to provide you with the services and products requested. Once
you have terminated the contractual relationship with us, we will either delete
your personal data or anonymize your personal data, unless statutory retention
requirements apply (such as for taxation purposes). In this case, we may be
required by applicable law to retain certain of your personal data for a period
of 10 years after the relevant taxation year. We may also retain your personal
data after the termination of the contractual relationship if your personal
data are necessary to comply with other applicable laws or if we need your
personal data to establish, exercise or defend a legal claim, on a need to know
basis only. To the extent possible, we will restrict the processing of your
personal data for such limited purposes after the termination of the
contractual relationship.
GM Mobility does not target or
knowingly collect any information from children under the age of 13.
We store your information in the United
States, the European Economic Area (EEA), and other locations where we or our
service providers maintain servers. If
you are a resident of the EEA, your information may be transferred to a country
outside of the EEA which may not provide the same level of data protection from
a European perspective as your home country. This may also include the transfer
to a country which is not covered by an adequacy decision by the European Commission.
We provide appropriate protections for cross-border transfers as required by
law for international data transfers. With respect to such transfers from the
EEA to the United States and other non-EEA jurisdictions, we implement standard
contractual clauses. You can ask for a copy of these by contacting us as set
out below.
Changes to
This Privacy Statement
We
may need to update this Privacy Statement from time to time as our business and
products or services expand or change, or as required to by law. If we do, we
will post the updated version of the Privacy Statement on our website.
You can contact us as
follows:
General Motors Mobility Europe GmbH
Friedrich
- Lutzmann - Ring
Ruesselsheim,
65428, Germany
Or
you can contact the Data Protection Officer:
E-mail: privacy@gm.com
Our customer service
department is available to address any concerns you may have regarding the Services.
Local numbers:
|
080081681 |
|
|
|
|
GERMANY |
08007242392 |
|
|
|
NETHERLANDS |
08002929162 |
|
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Unless
you tell us otherwise, we will send notices to you at the contact details you
provide. You may change your e-mail address for notification purposes at
any time by accessing
your online account to update certain of your personal data in that account or contacting us at the phone number or email address
provided under the "Contact" section of the User Terms.
Third Party Processors
The third party provider categories
and entities listed below (as updated from time to time) may process your
information as described below and in connection with your use of the GM
Mobility Services.
|
Anonymized data |
We may give
anonymized data (data that cannot be traced back to you) to third party
service providers for statistical purposes and for analysing and improving
our services. |
|
New suppliers |
We use
a variety of third party suppliers to provide products and services to you. We
will update this list from time to time with changes to the third parties
that process your personal information.
You may also contact us with specific questions. See How To Contact Us in the Privacy
Statement. |