Last Updated: April 8, 2021
The privacy and security of your information is important to us. This Privacy Notice explains how WHILL Inc. (U.S.) collects, uses, and shares your information. This Notice applies to information collected by us through any means, including through our websites and our social media pages (collectively, “Sites”), from customers who purchase or lease our products, and from customers who obtain services from us.
We design, manufacture, and sell personal mobility devices through our network of dealers and resellers. In the course of our business, we collect certain information that identifies, relates to, describes, and is reasonably capable of being associated with a particular person or household (“Personal Information”). Personal Information does not include publicly-available information in government records or de-identified, anonymized, or aggregated consumer information.
By using our Sites or otherwise providing information to us, you consent to our collection, use, storage, and sharing of your information as described in this Privacy Notice. If you disagree with anything in this Privacy Notice, you should not use our Sites, contact us, or provide your information to us.
If you are under 13 years of age, please do not use our Sites and do not send us any information about yourself.
If you are a California resident, you may have additional rights as described below in the section entitled “CALIFORNIA PRIVACY RIGHTS.”
If you are a Canadian resident, you may have additional rights as described below in the section entitled “CANADIAN PRIVACY RIGHTS.”
If you are in the European Economic Area, you may have additional rights as described below in the section entitled “E.U. PRIVACY RIGHTS.”
If you are outside the Canada or the United States, by using our Sites or by providing your information to us, you are consenting to having your Personal Information transferred to and stored in Canada and/or the United States.
INFORMATION WE COLLECT AND HOW WE USE IT
We collect Personal Information and other information from or about you in a few different ways. Specifically, we may collect or receive information: (1) directly from you through information you provide; (2) indirectly from you by observing your actions on our website; and (3) from third parties such as dealers, resellers, Google or Facebook. Each of these is discussed in more detail below.
Information You Provide
You may provide information to us in a number of ways:
- Contacting Us. When you contact us, the email address and/or telephone number you use to communicate with us generally will be collected directly from you or from our phone system, and any additional information you provide may also be collected to respond to your inquiries. If you call us, your telephone call may be recorded.
- Website Contacts. If you submit information to us through a form on our website, we will collect the information you provide. For example, if you submit our “Request a Test Drive Today” form, we will collect your name, email address, country, and telephone number. If you submit a form to confirm reseller locations near you, we will collect your name, email address, telephone number, and zip code. If you submit our “Become a Reseller” form, we will collect your name, job title, company name, email address, telephone, address, website address, and any message you include.
- Website, Online Services. To provide our website and online services to you, to improve our website and related content, to improve our website and social media presence, to diagnose and fix problems with our website, to secure our website, and to prevent or detect criminal, unlawful, or harassing actions or conduct, we may collect information from your browser including your IP address, browser history or page views, geolocation, and web analytics history.
- Product and Service Improvement. To assist us in improving our products and services, we may ask you to fill out surveys. If you complete a survey for us, we will collect your name, email address and all information that you provide in response to the survey, which may include age range, employment information, equipment information, preferences about equipment features, impressions and opinions of equipment and services, and likelihood of recommending our products or services to others. We may also use this information to create a profile for you to help us identify what products, information, or services you may want or need.
- Affiliate Program. If you submit an application for our affiliate program to use and market our personal electric vehicles, we will collect your name, email address, age range, telephone number, country, city, state/province, your current mobility device(s), your condition or diagnosis for needing a mobility device, Facebook profile, Instagram profile, other social media links you provide, and your comments about why would be an amazing WHILL affiliate and how you would encourage test drives.
- Social Media. If you post information on our social media pages, that information may be collected and used by us (as well as other users of those sites and the public generally). Please do not post any information on any site that allows strangers to identify or locate you or that you otherwise do not want to share with the public.
- Resellers/Dealers. If you seek to become one of our resellers or dealers, we will collect your company name, billing and shipping addresses, email address, fax number, type of business, bank account information, trade references, tax identification number, resale permit information, the owners’ or officers’ names, titles, home addresses, telephone numbers, email addresses, and social security or social insurance numbers, if provided.
- Account and Relationship Management. We may use any or all of the information described in this section to service your account with us or to manage any contractual relationships we may have with you.
- Employment Applications. When you submit a resume or application for employment, any information you provide will be collected. You may also be asked to provide additional information to our service provider for a background check, driving record check, and/or credit check.
- Employees. If you are employed by us, we will collect your name, address, telephone number, email address, date of birth, gender, marital status, contact person, bank account information, social security or social insurance number, beneficiary information, information about your family members who are enrolled in our benefits programs, and wage and salary information. We or our insurance providers may also collect additional health-related information if you enroll in benefits after the initial time period for doing so, sign up for additional life insurance, or apply for certain supplemental insurance policies.
We do not request or collect any sensitive information about you (i.e., personal information specifying racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or information pertaining to personal or intimate details of an individual’s life).
Information Indirectly Collected from You
Please note that, if you are visiting our website from a location outside of Canada or the United States, you will be connected through and to servers located in the United States. So the information collected as described in this section will be collected and stored in the United States and Canada
You can block or remove cookies using your Internet browser’s settings. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences. If you block or remove cookies, you may not be able to perform certain transactions, use certain functionality, or access certain content on our website.
Pixel Tracking: We and our business partners may employ a common technique usually referred to as “pixel tracking” to measure the effectiveness of marketing and advertisements, as well as compile aggregate usage statistics. Pixel tracking, which may be used in connection with advertisements on other sites, on our Web Site or in e-mail messages, involves the use of pixel tags (also known as “clear gifs,” “web beacons” or “1-by-1 gifs”) that are not visible to the user of the site and consist of a few lines of computer coding. For example, if you visit our website from an advertisement on another site, the pixel tag will reference the cookie you received when you clicked on the advertisement. The pixel tag also may register this activity with a business partner to allow us to count the number of times or when an advertisement is accessed. This data is collected for use in our marketing and research. Personal Information about you is not collected by pixel tracking, nor is any tracking information generated from the pixel tag allowed to be used for any other purpose other than to report website activity to us.
“Do Not Track” is a privacy setting that users can set in certain web browsers. If turned on, this setting requests that website not track information about users. At this time, we do not respond to “Do Not Track” browser settings or signals.
Traffic Data. We automatically track and collect general log information when you visit our website, including your: (a) Internet Protocol (IP) address; (b) domain server; (c) operating system; and (d) type of web browser; and (e) the pages you visit on our website (collectively “Traffic Data“). We use the Traffic Data to report aggregated website activity and to better understand the needs of our users so we can make informed decisions regarding the content and design of our website. We may collect Traffic Data through various technologies including, but not limited to, cookies, IP addresses, and pixel tags. While it is not our practice to link IP addresses to your Personal Information, we reserve the right to use IP addresses to identify a user when we feel it is necessary to protect the compelling interest of our website, customers or others, or to comply with laws, court orders, or law enforcement requests.
Third Party Websites and Social Media Services. Our website may include links to third party websites or social media services where you may be able to post comments, reviews or other information. We may monitor comments and reviews regarding us, our products, or our Sites that you publicly post on social media or customer review sites. In addition, please note that your use of these third party websites or social media services may result in those sites collecting information about you. We are not responsible for these third party websites or social media services and you should review their privacy policies to make sure you understand the information that may be collected, used, and shared by those sites.
Information from Third Parties
Resellers/Dealers. We may receive Personal Information from our dealers and resellers in connection with selling, delivering, and servicing personal electric vehicles. Typically, we may receive your name, cell phone number, home phone number, email address, address, and equipment purchase information (make, model, serial number).
Social Media Sites. To the extent you post information on our social media sites, we may collect such information. We may also receive Personal Information about you through certain social media sites such as Facebook, Instagram, and LinkedIn.
Background, Driving, and Credit Check Providers
When you apply for employment with us, we obtain additional information through references, former employers, background checks, credit reports, and driving records, as permitted by applicable law.
If you are an existing employee but change positions, we may obtain a background check, credit report, and/or driving record as needed for the new position and as permitted by applicable law.
If you are a reseller seeking credit with us, we will obtain information about your business’s credit history, credit score, credit risk, trade payment information, and Uniform Commercial Code filings. This is generally not Personal Information because it pertains to an entity rather than an individual person.
SHARING AND DISCLOSURE OF PERSONAL INFORMATION
We do not sell your Personal Information. We may share your Personal Information as follows:
- Dealers/Resellers. We may share Personal Information with people and entities that distribute our products so they can respond to your inquiries about our products or provide additional information about our products.
- Service Vendors. We may share Personal Information with people and entities that provide warranty service or repair service for our equipment.
- Service Providers. We may disclose Personal Information to third party vendors, contractors or agents who perform functions on our behalf (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as providing data storage and management, analytics services, employee benefits services, payroll services, or payment processing services. We only provide our Service Providers with Personal Information necessary for them to perform these services on our behalf. Each Service Provider must agree to use commercially reasonable security procedures and practices, appropriate to the nature of the information involved, to protect your Personal Information from unauthorized acquisition, access, use, or disclosure. Service Providers may only use the Personal Information they obtain from us or collect on our behalf to provide services to us.
- Business Transfers. If we are acquired by, or merged with, another entity, if substantially all of our assets are transferred to another entity, or as part of a bankruptcy proceeding, or if we are evaluating or in negotiations with respect to any such transaction, we may transfer, or make available, the Personal Information we have collected from you to the other entity or resulting legal entity.
- Legal Process. We also may disclose the Personal Information we collect from you: to comply with applicable laws and regulations, a government investigation, a judicial proceeding, a court order, or other legal process (such as in response to a subpoena); or to respond to discovery requests or present evidence in a legal proceeding in which we are involved.
- To Protect Us and Others. We also may disclose the Personal Information we collect from you where we believe such disclosure is needed to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, suspected violations of this Privacy Notice, and suspected violations of any applicable terms and conditions.
- Aggregated and De-Identified Information. We may share aggregate or de-identified Personal Information with our service providers and/or affiliated companies for marketing, advertising, research, or similar purposes.
- Job Applications. If you apply for a job position, some of your Personal Information may be shared with third parties in order to confirm your education, work history, and references, and to obtain background checks and credit reports if permitted by law.
- If you are employed by us, your Personal Information will be shared with our payroll service providers, benefits providers, and insurance carriers for the purpose of providing and administering payroll and benefits. In addition, certain Personal Information may be shared with our background, driving, and credit check providers for the purpose of obtaining information if you move to a position that requires these checks as a condition of employment. Finally, we may be required to provide certain Personal Information to governmental agencies to comply with reporting and disclosure requirements.
Our Sites and our products are not directed to children under the age of 13. Further, we do not knowingly collect Personal Information from children under the age of 13. If you become aware that your child has provided personally identifiable information without your consent and/or is under the age of 13, please contact us at email@example.com. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will take commercially reasonable efforts to delete such information from our records.
YOUR PRIVACY CHOICES
You may opt-out of receiving email communications and other marketing materials from us (or any third-party email marketing service we may use) via links provided in each email (usually at the bottom of the email).
You may be able to post content on or through our social media pages, including your comments, photos, or other information. If you post such content on social media pages, all of the information or content that you post may be visible to other visitors or users. Your postings and content may become public and we cannot prevent such information from being used by others in a manner that may violate this Privacy Notice, applicable law, or your personal privacy. Please carefully consider your content before posting. Further, please note that all such content is subject to removal if we determine, in our sole discretion, that it violates any applicable law, poses a security risk, infringes the rights of someone else, or constitutes a threat, defamation, or harassment.
LINKS TO THIRD PARTY WEBSITES OR PLATFORMS
Our website may contain links to third party websites or platforms. These links are provided for your convenience. We are not responsible for and have no control over the content on these other websites or platforms. The inclusion of a link on our website is not an endorsement. Please note that when you click on one of these links, you will leave our website and will be subject to the policies and privacy practices of the other website or platform, which may differ significantly from our Privacy Notice. Please review such third parties’ privacy policies before providing any Personal Information to them.
We make no representations or warranties, express or implied, regarding the content of any of these linked websites or platforms. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR YOUR INTERACTION WITH SUCH THIRD PARTY WEBSITES OR PLATFORMS.
SECURITY OF YOUR INFORMATION
We take the privacy of your Personal Information seriously. We have put in place physical, electronic, and administrative safeguards designed to protect your Personal Information, including things like encryption, passwords, and firewalls. Despite these efforts, please understand that no system is perfect and we cannot guarantee that unauthorized access, theft, or loss of data will not occur. Please advise us immediately at firstname.lastname@example.org of any incident involving Personal Information in our custody or control.
CHANGES TO THIS NOTICE
We may revise this Privacy Notice at any time without advance notice to you. The most current version of our Privacy Notice will be posted on our website. Once posted, any changes to the Notice are effective immediately unless otherwise specifically noted. By continuing to use our Sites, purchase or lease our products, or otherwise provide any information to us after any changes are posted, you agree to be bound by the terms of the revised Privacy Notice.
If you have any questions or comments about this Privacy Notice, please contact us at:
Mail: WHILL Inc.
951 Mariners Island Blvd. #300
San Mateo, CA 94404
CALIFORNIA PRIVACY RIGHTS
The California Consumer Privacy Act (CCPA), California’s “Shine the Light” law, and the California Online Privacy Protection Act provide consumers who are California residents with specific rights regarding their Personal Information. If you are a California resident, this section provides you with additional information, describes your rights and explains how to exercise those rights.
Categories of Information Collected
In the 12 months preceding the Last Updated date of this Notice, we have collected or received the following categories of Personal Information. Items in bold font indicate types of Personal Information we have collected about consumers. Items that are underlined were collected about job applicants and employees.
|Category||Types of Information Collected||Purpose for Collection|
|Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security or social insurance number, passport number, driver’s license number.
Product and Service Improvement
Account and Relationship Management
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
|Name, signature, social security or social insurance number, physical characteristics or description, address, telephone number, passport number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
Product and Service Improvement
Account and Relationship Management
|C. Protected classification characteristics under California or federal law.
|Age (40 years or older), race, color, ancestry, national origin, citizenship, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, pregnancy or childbirth and related medical conditions).
Product and Service Improvement
|D. Commercial information.
|Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Product and Service Improvement
Account and Relationship Management
|F. Internet or other similar network activity.
|Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Account and Relationship Management
|I. Professional or employment-related information.
|Current or past job history or performance evaluations.||Product and Service Improvement
Account and Relationship Management
|K. Inferences drawn from other personal information.
|Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
|Product and Service Improvement
Account and Relationship Management
In the 12 months preceding the Last Updated dated of this Notice, we have disclosed the following categories of Personal Information for a business purpose as described above:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category D: Commercial information.
Category F: Internet or other similar network activity.
Category I: Professional or employment-related information.
Category K: Inferences drawn from other personal information.
Right to Information. Subject to certain limits, you may ask us to provide the following information for the 12-month period preceding your request:
- The categories of Personal Information we collected about you;
- The categories of sources from which the Personal Information was collected;
- The business or commercial purpose for collecting the Personal Information;
- The categories of third parties with whom we shared the Personal Information;
- If we disclosed Personal Information for a business purpose, a list of the disclosures including the Personal Information categories that each category of recipient received; and
- The specific pieces of Personal Information we collected about you.
We do not provide these information rights for Personal Information that we obtain through a business-to-business (B2B) relationship.
Right to Delete. You also have the right to ask us to delete any Personal Information that we have collected about you, subject to certain limitations as set forth under CCPA. We may deny your deletion request if the information is necessary for us or our service providers to, among other things, provide a good or service you requested, take actions reasonably anticipated in the context of our business relationship with you, perform a contract we have with you, detect and protect against security incidents or illegal activity, comply with a legal obligation, or exercise a right provided for by law.
Right to Nondiscrimination. We will not discriminate against you if you exercise your privacy rights under California law, including by:
- Denying you goods or services.
- Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Providing you a different level or quality of goods or services.
- Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, the CCPA permits us to offer you certain financial incentives that can result in different prices, rates, or quality levels, which are related to your Personal Information’s value. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We do not offer financial incentives at this time.
Submission of Requests for Information or to Delete. If you are a California resident, you may submit a request for information or a request to delete by:
Calling us at 1-844-989-4455.
Emailing us at email@example.com – please provide your name, telephone number, and type of request (that is, a request for categories of information, a request for specific pieces of information, and/or a request to delete).
What We May Need from You
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Verifying Your Identity: To protect your privacy and security, we will take reasonable steps to verify your identity before providing your Personal Information and before deleting your information. Only you or someone legally authorized to act on your behalf may make a verifiable request related to your Personal Information. For example, if you make a request, we will ask you to confirm your name, email address, and/or [other data fields] to verify your identity, so that we can help protect your information.
Requests from Authorized Agents: If you live in California, you may designate an authorized agent to make a request for you. If you designate an authorized agent to make a request on your behalf, we may require you to verify your identity and provide the authorized agent’s identity and contact information to us.
Responses to Requests. We do not charge a fee to respond to your request unless it is repetitive (more than twice in a 12-month period) or excessive. We generally will respond to your request within 45 days of its receipt. If we need more time to respond, we will inform you of the reason and we may take up to an additional 45 days to respond.
No Fee Usually Required
You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
CANADIAN PRIVACY RIGHTS
If you are a Canadian resident, this section describes some of the additional rights you have and explains how to exercise those rights.
Correcting or Changing Your Information
If your Personal Information changes and you need to update it with us, you can do so by logging into your account with us (if you have one) and making any changes to the information stored there.
If you wish to amend, correct, update, or delete Personal Information we have collected about you or to opt-out of any programs to which you have previously opted-in, please contact us via email at firstname.lastname@example.org, and we will attend to your request and make any necessary revisions, generally within 30 days after receiving your request. We reserve the right not to change your information if we believe the rights of another individual might be violated.
This provision applies only to Personal Information and not to information that is not personally identifiable that may be gathered by cookies or from IP addresses or to aggregated information.
Access to Your Information
If you want to access the Personal Information we have collected about you and how it is used or disclosed by us, please contact us via email at email@example.com. After confirming your identity, we will generally provide the requested information at no charge to you unless we have a legal basis to charge you a reasonable fee in which case we will notify you in advance of the approximate cost of processing your request. If we are unable to provide you with your Personal Information, we will tell you why. In addition, you may have the option of complaining to the Office of the Privacy Commissioner of Canada or to your province or territory’s privacy commissioner.
RESIDENTS OF THE EUROPEAN ECONOMIC AREA
International Data Transfers
WHILL primarily stores the Personal Information we collect in the United States and Canada. To facilitate our global operations, staff who work for WHILL and/or our service providers may transfer and access such Personal Information from locations around the world. This will involve transferring your Personal Information outside the European Economic Area (EEA).
We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Notice.
Whenever we transfer your Personal Information out of the EEA, we will ensure one of the following safeguards is implemented:
- We will only transfer your Personal Information to countries that have been deemed to provide an adequate level of protection for Personal Information by the European Commission; or
- We may use specific contracts approved by the European Commission which give Personal Information the same protection it has in Europe; or
- We will ensure there is some other protection in place which has been approved by the European Commission as giving Personal Information the same protection it has in Europe.
E.U. Privacy Rights
Under certain circumstances, individuals within the European Economic Area have rights under data protection laws in relation to your Personal Information as set out below:
- Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
- Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Depending on your location, you may have the right to file a complaint with a government regulator if you are not satisfied with our response.
Legal Bases For Processing
We have set out below a description of some of the legal bases we rely on to process your Personal Information. Note that we may process your Personal Information for more than one lawful ground depending on the specific purpose for which we are using your Personal Information. Please email: firstname.lastname@example.org or write to WHILL at 951 Mariners Island Boulevard #300, San Mateo, California 94404 if you need details about the specific legal grounds we are relying on to process your Personal Information where more than one ground has been set out below.
- Contracts. Where we need to perform the contract we are about to enter into or have entered into with you.
- Legitimate Interests. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. The following are non-exhaustive examples of where WHILL relies on legitimate interest to process Personal Information:
- WHILL has a legitimate interest in processing Personal Information during the employee recruitment process and for keeping records of the process. Processing data from job applicants allows us to manage the recruitment process, assess and confirm a candidate’s suitability for employment and decide to whom to offer a job.
- WHILL has a legitimate interest in processing Personal Information relating to our existing or prospective resellers and dealers in order to manage our business relationship and provide communications and information that may be of interest.
- WHILL has a legitimate interest in using cookies as outlined above in the cookie section of this Privacy Notice.
- WHILL has a legitimate interest in surveying prospective and actual customers for the purposes of improving its products and/or services.
- Legal Obligations. Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your Personal Information.
We will only retain your Personal Information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements.
In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.