This
Privacy Policy (hereinafter this “Policy”) is on 26 August 2019 adopted by
Microprogram Information Co., Ltd. (hereinafter “Microprogram”), which is a
company incorporated under laws of Taiwan with registered address at 7F,
No.402, Shizheng Rd, Xitun Dist.,Taichung City 407.,Taiwan. Microprogram
commits to respect and protect users’ privacy. This Privacy applies to usage of
and all service available on BICONNECT App (hereinafter “App”) and the website https://www.bikonnect.com/ (hereinafter the “Web”)
which are created and maintained by Microprogram Information Co., Ltd.
Microprogram creates this Policy to inform users on how Microprogram collects, saves, processes and uses users’ personal information,
and how can users do to exercise relevant rights granted under applicable laws.
Users are encouraged to read this Policy carefully and contact Microprogram
with any questions or concerns about Microprogram’s privacy practices.
Only
after users agree to the collection and use of information in relation to this
Policy, may users utilize Microprogram’s service. Personal information
Microprogram collects will be used only for improving and providing the
service. Microprogram will not use, share, rent or sell users’ information to
anyone except as described in this Policy.
The protection of personal
information collected through any website which is linked from the Web and is
independently managed and operated by a third party shall be subject to privacy
policies or websites of third parties. Microprogram neither endorses such
policies or websites of third parties nor assumes any joint liability thereof.
Microprogram reserves rights
to modify this Policy at its sole discretion, and if users continue to use
Microprogram’s website services after Microprogram publish or send the
notification of any change to this Policy, such users will be deemed to have
acknowledged that modification.
1.
Personal information to be collected and used by Microprogram
When
users initiate contact Microprogram intending to utilize services provided
through Microprogram’s website, users may need to provide their personal
information including name, phone number, and email. Microprogram will process
and use users’ personal information for such request of service. Without users’
written consent, Microprogram will not use users’ personal information for any
other purpose. The Web does not collect any information about an individual’s
identity if users only browse the Web or download files.
When users use
Microprogram’s app or other services, Microprogram needs to use users’ personal
information for specified purposes. As a general rule, when users open users
accounts, at first Microprogram will request the following personal information
from users: name, password, E-mail address, gender, birthday, height, weight, country,
profile photo,bike photo. And the App will require to access to users’ position
related data (GPS), Bluetooth connection, camera and photo album in users’
mobile device to enable specific functions in the App.
Users’ personal information
is required in order to enable Microprogram to enter into a user agreement and
any other agreement with users and perform under these agreements. Personal information
provided by filling and submitting a contact form is also necessary to enable
Microprogram to respond appropriately to any inquiries. Microprogram will store
users’ personal information in Taiwan and database server in Amazon Web Service
as long as necessary for aforementioned purposes. Thereafter, it will be
deleted from Microprogram’s system. To enable users to use Microprogram’s App
service, Microprogram will collect personal information and technical data in
the context of the provision of Microprogram’s App service, which including: users’
profile data, bike information, maintenance appointment data, maintenance
history, emergency contact email address, IP address, position related data
(GPS), drive unit data, e-bike manufacturer and model, e-bike diagnostic data, display data on bike,
addresses of stores and navigation records, heart rate, movement speed, watts
of movement, odograph records, data of battery power, cadence, altitude ,consumed
calories, torque sensor records, other logs, assistance mode usage. The
personal and technical data will
be collected, saved, processed and used to have users able to avail
themselves of Microprogram’s App service, to offer new services to the users,
to improve the services, and to satisfy the users' needs. The purpose to collect such data
is to provide users wishing to make use of the features with information about
their bikes, e-bikes and also about rides and activities of bikes and e-bikes
depending on their particular requirements. Microprogram retains and uses de-identificated
personal data in order to develop and improve applications in line with users’
requirements. Microprogram reserves the right to evaluate the data on an de-identificated
basis, to publish it on the platform in the form of statistics and to use such
data.
Profile, activity and usage
information is collected when users choose to upload a picture, activity information(including
date, time and geo-location information as well as used bike, ride duration, ride
distance, users’ speed, e-bike battery usage) or post a text, join a group activity
or challenge, add users’ equipment for usage, view others’ activities, or
otherwise use the Services. Microprogram will use users’ contact information to
respond to users’ support requests and comments.
Microprogram collect and
process location information when users sign up for and use the services. Microprogram
do not track users’ device location while users are not using Microprogram’s App,
but in order to provide App’s core services, it is necessary for us to track users’
device location while users use our App. If users would like to stop the device
location tracking, users may do so at any time by adjusting users’ device
settings.
Microprogram gather
information from the posts, comments, ratings, reviews, and other content users
share on the services when users join a group, including when users participate
in partner events. And the members of the group which users have joined can see
the posts users share in the groups.
l
Third-Party Accounts
Microprogram allows users to sign up and log in to the services using
accounts users create with third-party products and services, such as Facebook,
Google, or Apple (collectively, “Third-Party Accounts”). If users access the services
with Third-Party Accounts Microprogram will collect information that users have
agreed to make available such as users’ name, email address, profile
information and preferences. This information is collected by the Third-Party
Account provider and is provided to Microprogram under their privacy policies. Users
can generally control the information that Microprogram receives from these
sources using the privacy controls in users’ Third-Party Account management
pages.
2.
Cookies
Cookies are files with a
small amount of data that is commonly used as an anonymous unique identifier.
These are sent to users’ browser from the website that users visit and are
stored on users’ devices’ internal memory. The App may use third party code and
libraries that utilizing “cookies” to collect information and to improve their
services.
Users will be alarmed when a
cookie is sent to users’ devices, and Users may either accept or refuse these
cookies. If users choose to refuse Microprogram’s cookies, such users may not
be able to use some parts of service.
Microprogram’s website uses cookies to identify users’ preferences on the website. In these cookies, Microprogram uses the so-called “Track ID” function to track a user’s behavior, for example, tracking the web pages browsed by the user, stay time, device information, and Microprogram will use such information as a reference for adjusting the website content. Microprogram also uses Google Analytics to analyze the users’ online behaviors as part of website traffic statistics. The privacy policy of Google Analytics is available on https://policies.google.com/technologies/cookies?hl=en
The “Track ID” function used
by the Web is an anonymous tracker. A user is not required to provide any
personal information if he/she just browse the website anonymously. Therefore,
Microprogram will not be able to link this Track ID to any private information,
including email, mobile number, or address. That means Microprogram will not
know the true identity of any user through this Track ID function.
Besides cookies,
Microprogram also collects additional information as below:
- URL visited by the user
- User’s source address
and IP address
- Brand, model no. and
operating system of user’s connection device
- Browser type,
resolution and color support of user’s connection device
- Geographical information
about where user connect to internet (for example, reserved lookup records
indirectly through a third-party GeoIP)
- The ISP service
provider of user who connect to internet (for example, reserved lookup
records indirectly through a third-party GeoIP)
3. Collection of personal data
Microprogram collects or obtains personal data of users from the
following sources:
(1)
Data
provided to us: Microprogram obtains personal data when those data
are provided to Microprogram (e.g., where users contact Microprogram
via email or telephone, or by any other means
(2)
Relationship
data: Microprogram collects or obtains personal data in the
ordinary course of Microprogram’s relationship with users (e.g., Microprogram
provides a service to users.)
(3)
App
data: Microprogram collects or obtains personal data when users
download or use any of Microprogram’s Apps.
(4)
Web’s
data: Microprogram collects or obtains personal data when users
visit any of Microprogram’s Webs or use any features or resources available on
or through a Web.
(5)
Registration
details: Microprogram collects or obtains personal data when users
use, or register to use, any of Microprogram’s Webs, Apps, products, or
services.
4. Categories
of personal data Microprogram processes
Microprogram processes the following categories of personal data
about users:
(1)
Personal
details: user name; nickname and photograph.
(2) Demographic information: gender; date of
birth / age; nationality.
(3) Contact details: telephone number; email address
(4) Consent records: records of any consents users have
given, together with the date and time, means of consent and any related
information (e.g., the subject matter of the consent).
(5) Purchase details: bike purchased date; purchased
store
(6) Data relating to Microprogram’s Webs and Apps:
device type; operating system; browser type; browser settings; IP address;
language settings; dates and times of connecting to a Web; App usage
statistics; App settings; dates and times of connecting to an App; location
data, and other technical communications information (some of which may
constitute personal data); username; password; security login details; usage
data; aggregate statistical information.
(7) Content and advertising data: records of users’
interactions with Microprogram’s online advertising and content, records of
advertising and content displayed on pages or App screens displayed to users,
and any interaction users may have had with such content or advertising (e.g.,
mouse hover, mouse clicks, any forms users complete in whole or in part) and
any touchscreen interactions.
(8) Views and opinions: any views and opinions that users
choose to send to Microprogram, or publicly post about Microprogram on social media platforms.
5. Sensitive Personal Data
Microprogram does not seek to collect or otherwise process
sensitive personal data in the ordinary course of Microprogram’s business. Where it becomes necessary to process
users’ sensitive personal data for any reason, Microprogram relies on one of the following legal bases:
(1) Compliance with applicable law: Microprogram may process users’ sensitive
personal data where the processing is required or permitted by applicable law
(e.g., to comply with Microprogram’s diversity reporting obligations);
(2) Detection and prevention of crime: Microprogram may process users’ sensitive
personal data where the processing is necessary for the detection or prevention
of crime (e.g., the prevention of fraud);
(3) Establishment, exercise or defence of legal
rights: Microprogram may process users’ sensitive personal data
where the processing is necessary for the establishment, exercise or defense of
legal rights; or
(4) Consent: Microprogram may process users’ sensitive
personal Data where Microprogram
has, in accordance with applicable law, obtained users’ prior, express consent
prior to processing users’ Sensitive personal data (this legal basis is only
used in relation to processing that is entirely voluntary – it is not used for processing
that is necessary or obligatory in any way).
If users provide sensitive personal data to Microprogram, users must ensure
that it is lawful for users to disclose such data to Microprogram, and users must ensure a valid legal basis
applies to the processing of those sensitive personal data.
6. Purposes of processing and
legal grounds for processing
The
purposes for which Microprogram processes personal data, subject to
applicable law, and the legal bases on which we perform such processing, are as
follows:
|
Processing activity |
Legal basis for processing |
|
Provision of Webs, Apps, products, and
services: providing Microprogram’s Webs, Apps, products, or services;
providing promotional items upon request; and communicating with users in
relation to those Webs, Apps, products, or services. |
(1) The processing is necessary in connection with
any contract that users have entered into with us, or to take steps prior to
entering into a contract with Microprogram; or (2) Microprogram has a legitimate
interest in carrying out the processing for the purpose of providing Microprogram’s (to
the extent that such legitimate interest is not overridden by users’
interests, fundamental rights, or freedoms); or (3) Microprogram has obtained users’
prior consent to the processing (this legal basis is only used in relation to
processing that is entirely voluntary – it is not used for processing that is
necessary or obligatory in any way). |
|
Operating Microprogram’s business: operating and managing Microprogram’s Webs, Microprogram’s Apps, Microprogram’s products, and Microprogram’s services; providing content to users;
displaying advertising and other information to users; communicating and
interacting with users via Microprogram’s Webs, Microproram’s Apps, Microprogram’s products, or Microprogram ‘sservices; and notifying users of changes to any of Microprogram’s Webs, Microprogram’s Apps, Microprogram’s products, or Microprogram’s services. |
(1) The processing is necessary in connection with
any contract that users have entered into with Microprogram, or to take steps
prior to entering into a contract with Microprogram; or (2) Microprogram has a legitimate
interest in carrying out the processing for the purpose of providing Microprogram’s Webs, Microprogram’s Apps, Microprogram’s products, or Microprogram’s services to users (to the extent that such
legitimate interest is not overridden by users’ interests, fundamental
rights, or freedoms); or (3) Microprogram has obtained users’
prior consent to the processing (this legal basis is only used in relation to
processing that is entirely voluntary – it is not used for processing that is
necessary or obligatory in any way). |
|
Improving Microprogram’s Webs, Apps, products, and services:
identifying issues with Microprogram’s Webs, Microprogram’s Apps, Microprogram’s products, or Microprogram’s services; planning improvements to Microprogram’s Webs, Microprogram’s Apps, Microprogram’s products, or Microprogram’s services; and creating new Webs,
Apps, products, or services. |
(1) Microprogram has a legitimate
interest in carrying out the processing for the purpose of improving Microprogram’s Webs, Microprogram’s Apps, Microprogram’s products, or Microprogram’s services (to the extent that such
legitimate interest is not overridden by users interests, fundamental rights,
or freedoms); or (2) Microprogram has obtained users’
prior consent to the processing (this legal basis is only used in relation to
processing that is entirely voluntary – it is not used for processing that is
necessary or obligatory in any way). |
|
Communications and marketing: communicating with users via any means
(including via email, telephone, text message, social media, post or in
person) to provide news items and other information in which users may be
interested, subject always to obtaining users’ prior opt-in consent to the
extent required under applicable law; maintaining and updating users’ contact
information where appropriate; and obtaining users’ prior, opt-in consent
where required. |
(1) The processing is necessary in connection with
any contract that users have entered into with Microprogram, or to take steps
prior to entering into a contract with Microprogram; or (2) Microprogram has a legitimate
interest in carrying out the processing for the purpose of providing Microprogram’s Webs, Microprogram’s Apps, Microprogram’s products, or Microprogram’s services to users (to the extent that such
legitimate interest is not overridden by users’ interests, fundamental rights, or freedoms); or (3) Microprogram has obtained users’
prior consent to the processing (this legal basis is only used in relation to
processing that is entirely voluntary – it is not used for processing that is
necessary or obligatory in any way). |
|
Product safety communications: communications in relation to product
safety, including product recalls and product safety advisory notices. |
(1) The processing is necessary for compliance
with a legal obligation; or (2) Microprogram has a legitimate
interest in carrying out the processing for the purpose of ensuring the
safety, and proper use, of Microprogram’s products (to the extent that such legitimate interest is not
overridden by users’ interests, fundamental rights, or freedoms). |
|
Management of IT systems: management and operation of Microprogram’s communications,
IT and security systems; and audits (including security audits) and
monitoring of such systems. |
(1) The processing is necessary for compliance
with a legal obligation; or (2) Microprogram has a legitimate
interest in carrying out the processing for the purpose of managing and
maintaining Microprogram’s
communications and IT systems (to the extent that such legitimate interest is
not overridden by users’ interests, fundamental rights, or freedoms). |
|
Surveys: engaging with users for the purposes of obtaining users’ views
on Microprogram’s Webs, Microprogram’s Apps, Microprogram’s products, or Microprogram’s services. |
(1) Microprogram has a legitimate
interest in carrying out the processing for the purpose of conducting
surveys, satisfaction reports and market research (to the extent that such
legitimate interest is not overridden by users’ interests, fundamental
rights, or freedoms); or (2) Microprogram has obtained users’
prior consent to the processing (this legal basis is only used in relation to
processing that is entirely voluntary – it is not used for processing that is
necessary or obligatory in any way). |
|
Investigations: detecting, investigating and preventing breaches of
policy, and criminal offences, in accordance with applicable law |
(1) The processing is necessary for compliance
with a legal obligation; or (2) Microprogram has a legitimate
interest in carrying out the processing for the purpose of detecting, and
protecting against, breaches of Microprogram’s policies and applicable laws (to the extent that such legitimate
interest is not overridden by users’ interests, fundamental rights, or
freedoms). |
|
Legal proceedings: establishing, exercising and defending legal rights. |
(1) The processing is necessary for compliance
with a legal obligation; or (2) Microprogram has a legitimate
interest in carrying out the processing for the purpose of establishing,
exercising or defending Microprogram’s legal rights (to the extent that such
legitimate interest is not overridden by users’ interests, fundamental
rights, or freedoms). |
|
Legal compliance: compliance with Microprogram ‘slegal and
regulatory obligations under applicable law. |
The processing is necessary for compliance with a legal obligation. |
|
Fraud prevention: detecting, preventing and
investigating fraud. |
(1) The processing is necessary for compliance
with a legal obligation (especially in respect of applicable employment law);
or (2) Microprogram has a legitimate
interest in carrying out the processing for the purpose of detecting, and
protecting against, fraud (to the extent that such legitimate interest is not
overridden by users’ interests, fundamental rights, or freedoms). |
7.
How Does Microprogram Use the Information
- To respond to users’
inquiry
To professionally response
to the users’ inquiries, and provide relevant product information for the
users’ reference.
- To learn and optimize
website content and App service
Microprogram’s website uses
the information collected as aforementioned to research on how to optimize the
website content through artificial intelligence, machine learning, big data,
and other analytic methods.
8.
How Does Microprogram Share the Information
- The party with whom
Microprogram share the information
The personal device records
and cookie records of the users collected through Microprogram’s website
services or App service as mentioned above are solely for Microprogram’s
internal use, and will not be shared with any third party, nor will
Microprogram provide the browsing history and other sensitive personal
information of individual users to any third party, unless:
- Users have agreed in
writing;
- It is required by any
applicable laws, regulations, orders, or lawful governmental request;
- It is to detect,
prevent, or deal with any security or technical issue (such as
investigating a possible violation).
- Information retention
period
The original log files of
the personal device records and cookie records of the users collected by
Microprogram’s website services as above will be kept at Microprogram’s data
center for 1 month. Past log files will be deleted month by month.
9.
How do Microprogram Protect Personal information
Microprogram will undertake
necessary procedures to (1) protect data against accidental loss, (2) to
prevent unauthorized access, use, destruction or disclosure,(3) to ensure
business continuity and disaster recovery, (4) to restrict access to personal
information, (5) to conduct privacy impact assessments in accordance with
applicable laws and Microprogram’s business policies, which including but not
limited to the following:
- Install firewalls to
prevent hacking, destruction or theft of data, avoid illegal use of the website,
and protect users’ interests.
- Conduct daily back-ups.
- Run weakness screening
and enhance the security of the operating system and the webserver.
Because the internet is an open system, the transmission of information
via the internet is not completely secure. Although Microprogram will implement
all reasonable measures to protect users’ personal data, Microprogram cannot
guarantee the security of users’ data transmitted to us using the internet –
any such transmission is at users’ own risk and users are responsible for
ensuring that any personal data that users send to Microprogram are sent
securely.
Microprogram will take reasonable step to ensure that users’
personal data are only processed for the minimum period necessary for the
purposes set out in this Notice. The criteria for determining the duration for
which Microprogram will retain users’
personal data are as follows:
(1) Microprogram will retain personal data
in a form that permits identification only for as long as:
A. Microprogram maintains an ongoing
relationship with users (e.g., where users are a user of Microprogram’s Apps,
or users are lawfully included in Microprogram‘s mailing list and have not unsubscribed); or
B. Users’ personal data are necessary in connection
with the lawful purposes set out in this Notice, for which Microprogram has a valid legal
basis (e.g., Microprogram has a
legitimate interest in processing those data for the purposes of operating Microprogram’s
business and fulfilling Microprogram’s obligations under that contract; or where Microprogram has a legal obligation to retain users’ personal
data),
(2) the duration of:
A. any applicable limitation period under
applicable law (i.e., any period during which any person could bring a legal
claim against Microprogram in connection with users’ personal data, or
to which users’ personal data are relevant); and
B. an additional two (2) month period following the
end of such applicable limitation period (so that, if a person brings a claim
at the end of the limitation period, Microprogram is still afforded a reasonable amount of
time in which to identify any personal data that are relevant to that claim),
(3) in addition, if any relevant legal claims are
brought, Microprogram continues to process personal data for such
additional periods as are necessary in connection with that claim.
During
the periods noted in paragraphs (2)A and (2)B above, Microprogram will restrict Microprogram’s processing of users’ personal data to
storage of, and maintaining the security of, those data, except to the extent
that those data need to be reviewed in connection with any legal claim, or any
obligation under applicable law.
Once the periods in paragraphs (1), (2) and (3)
above, each to the extent applicable, have concluded, Microprogram will either:
· permanently delete or destroy the relevant personal data; or
· de-identificate the relevant personal data.
11.
Users’ Rights
Users may (1) access to
personal information, (2) request for correction and deletion of personal
information, (3) withdrawal of consent (4) request for data portability (5) restrict
or object to processing of persona; information (6) lodge a complaint with EU
Information Commissioner’s Office.
Subject to applicable law, users may have the following rights regarding
the processing of users’ relevant personal data:
(1)
the right not to provide users’ personal
data to Microprogram (however, please note that Microprogram will be unable to
provide users with the full benefit of Microprogram’s Sites, Apps, products, or
services, if users do not provide Microprogram with users personal data – e.g.,
Microprogram might not be able to process users’ requests without the necessary
details);
(2)
the right to request access to, or
copies of, users’ relevant personal data, together with information regarding
the nature, processing and disclosure of those relevant personal data;
(3)
the right to request rectification
of any inaccuracies in users’ relevant personal data;
(4)
the right to request, on
legitimate grounds:
A.
erasure of users’ relevant personal
data; or
B.
restriction of processing of users’
relevant personal data;
(5)
where Microprogram processes users’
relevant personal data on the basis of users’ consent, the right to withdraw
that consent (noting that such withdrawal does not affect the lawfulness of any
processing performed prior to the date on which Microprogram receives notice of
such withdrawal, and does not prevent the processing of users’ personal data in
reliance upon any other available legal bases); and
(6)
the right to lodge complaints
regarding the processing of users’ relevant personal data with a Data
Protection Authority (in particular, the Data Protection Authority of the EU
Member State in which users live, or in which users work, or in which the
alleged infringement occurred, each if applicable).
Subject to applicable law, users
may also have the following additional rights regarding the processing of users’
relevant personal data:
(1)
the right to object, on grounds
relating to users’ particular situation, to the processing of users’ relevant personal
data by Microprogram or on Microprogram’s behalf; and
(2)
the right to object to the processing
of users’ relevant personal data by Microprogram or on Microprogram’s behalf
for direct marketing purposes.
This does not affect users’
statutory rights.
To exercise one or more of these
rights, or to ask a question about these rights or any other provision of this
Notice, or about Microprogram’s processing of users’ personal data, please use
the contact details provided in Section 15 below. Please note that:
(1)
in some cases it will be necessary
to provide evidence of users’ identity before Microprogram can give effect to
these rights; and
(2)
where users’ request requires confirmation
of additional facts (e.g., a determination of whether any processing is
non-compliant with applicable law) Microprogram will investigate users’ request
reasonably promptly, before deciding to take specific actions.
12. Direct marketing
Microprogram processes personal data to contact users via email,
telephone, direct mail or other communication formats to provide users with
information regarding Sites, Apps, products, or services that may be of
interest to users. If Microprogram provides Sites, Apps, products, or services
to users, Microprogram may send information to users regarding Microprogram’s
Sites, Apps, products, or services, upcoming promotions and other information
that may be of users‘ interest, using the contact details that users have
provided to Microprogram, subject always to obtaining users’ prior opt-in
consent to the extent required under applicable law.
Users may unsubscribe from Microprogram’s promotional email list at any
time by simply clicking on the unsubscribe link included in every promotional
email Microprogram sends. After users unsubscribe, Microprogram will not send to
users any promotional emails, but in some circumstances Microprogram will
continue to contact users to the extent necessary for the purposes of any
Sites, Apps, products, or services users have requested.
13.
Cross-border transmission
As
stated in paragraph 4.1, the personal information collected through
Microprogram’s website services and App service are solely for internal
utilization. All network communications of direct or cross-border transmission
of personal information will only occur under an encrypted environment for
secure internet connection such as SSL or HTTPS. All communications are subject
to the SSL 2048 bits encryption or TLS 256 bits to ensure data security
throughout the transmission.
14. Privacy Policy
Information
Microprogram reserves the right to modify this
Privacy Policy at any time. Please read it occasionally. If Microprogram makes
changes to this Privacy Policy, the updated Privacy Policy will be posted on
the Services in a timely manner and, if Microprogram makes material changes, Microprogram will provide a prominent notice. If users object
to any of the changes to this Privacy Policy, users should stop using the
Services and delete users’ account.
15.
Contact information:
If users have any question
about this Policy or need to file any complaint, please contact us by the following
methods:
- Company: Microprogram
Information Co., Ltd.
- Tel: +886-4-2369-2699
- Email: smart_ebike@program.com.tw