Super73, Inc. Privacy Policy
Last updated:  December 17, 2021

Table of Contents

1. Who’s This Policy For And What Does It Cover?. 1
2. What is “Personal Information”?. 2
3. Personal Information We Collect And How We Collect It 2
4. How We Use Personal Information. 3
5. How We Share Personal Information. 4
6. Children’s Privacy. 5
7. Cookies And Online Tracking. 5
8. Quality And Retention of Personal Information. 6
9. Data Security. 7
10. Your Rights And Choices 7
11. Links To Third Party Sites. 8
12. Third Party Direct Marketing. 8
13. California Residents 8
14. Data Subjects In The EEA, United Kingdom and Switzerland. 11
15. Changes To This Policy. 13
16. Contact Us 13

1.  Who’s This Policy For And What Does It Cover?

Super73, Inc., (“Super73,” “we” or “us”) respects your privacy and is committed to protecting it.  This Privacy Policy describes how we may collect, use, and share your personal information in connection with providing our “Websites”—https://www.super73.com and https://www.eu.super73.com—and any other mobile application or service that refers to this Policy (collectively, with the Website, the “Services”).  This Policy also explains related rights and choices you may have.  By using the Services, you consent to the practices described in this Policy, unless another form of consent is required by applicable law.

You may see other privacy notices when we collect your Personal Information for certain purposes.  Those notices supplement this Policy.

This Policy also contains important statements specific to residents of certain areas, including California and the European Economic Area, United Kingdom and Switzerland, based on laws in those areas.  Those statements supplement the rest of this Policy, but to the extent they differ from other parts of the Policy, the statements govern in their applicable areas.   

2.  What is “Personal Information”?

Generally speaking, your “Personal Information” includes your unique identifiers (for example, your full name, phone number, or email address); and information about your characteristics, conditions or behavior that is associated with one of your identifiers or could otherwise reasonably be linked to you.  “Non-personal information,” on the other hand, is information that has been anonymized, aggregated or de-identified such that it cannot reasonably be linked to an individual.

3.  Personal Information We Collect And How We Collect It

When You Provide It

We may receive some or all of the types of information listed below when you open an account with us; fill out a form on the Service; subscribe to one of our newsletters; search, shop for, or purchase one of our electric motorbikes or other products; take a test ride; participate in our referral program; participate in a contest or giveaway; interact with us on social media; or directly contact us with questions or feedback:

• first and last name;
• username;
• email address;
• physical address, billing address;
• phone number;
• credit card or financial account information;
• social security number (if you participate in our Super Squad Affiliate/Referral Program);
• demographic information, such as age or gender;
• content in your comments, posts or communications
• information about products you purchase from us, such as product serial number, your primary use of the product, date of delivery, and similar information
• any other information that you choose to disclose to us or direct a third party to disclose to us

If you decline to provide requested information, we may not be able to provide one or more Services to you, or you may not receive access to certain features of a Service.

Automatically From Your Device

When you visit one of our Websites or use a Service, computer servers may automatically log certain information about you or your device, including:

• internet protocol (IP) address
• cookie ID
• device ID
• device type, operating system or browser type
• activity on our Service
• products purchased or considered on our Service
• location data (such as your geolocation when you use our mobile app)

Some of this information is logged through the use of “cookies” and similar technologies, which are described here.

From Third Party Sources

We may obtain information about you from other sources, including our service providers; product dealers or distributors; or product repair providers.  We may combine such information with information we have collected from you.  We are not responsible for the accuracy of any information provided by third parties.

4.  How We Use Personal Information

We may use the personal information we collect for a number of purposes, including:

• To verify your identity
• To provide a service to you or perform an agreement with you
• To communicate with you about services you have requested or that we are providing to you
• To communicate with you about other services that we believe may be beneficial to you
• To market our products and services more effectively and personalize our advertising
• To bill for our services
• To process payments for our services
• To complete any other transactions for which the personal information was collected
• To personalize your use of our services
• To secure, maintain and improve our Websites
• To comply with our legal obligations or protect our legal rights
• To fulfill any internal functions that are reasonably aligned with your relationship with us or the context in which you provided the information to us
• For any other purposes to which you have consented

We may use non-personal information for any purpose.

5.  How We Share Personal Information

Vendors

We may share Personal Information with contractors, service providers, and other vendors who assist or support us in providing the Services.  Examples of these third party services may include hosting our site, storing data, performing analytics, processing payments, or sending marketing communications.  Where necessary and appropriate, our agreements with vendors prohibit them from retaining, using or disclosing the Personal Information we share with them for any purpose other than providing services to us.

Analytics, Social Media and Advertising Partners 

We may share your Personal Information with analytics providers, advertising networks, or social media companies to measure performance of our Service or marketing efforts, offer social media features, or deliver interest-based advertising.  This sharing may involve the use of browser cookies and similar technologies placed through our Service by our partners, as explained here.  For example, when you visit our Site, our partner’s Cookie may cause your browser to automatically send a request to our partner’s server and provide our partner with your IP address, other online identifiers, device information and internet activity.

• Google. We use Google Ads to remarket to visitors to our Websites elsewhere online.  We also use Google Analytics, which helps us evaluate the use of our Websites. 
• For information about Google’s privacy practices, please click here: GOOGLE.COM/POLICIES/PRIVACY/PARTNERS/

Mandatory Disclosures And Legal Proceedings

We may have a legal obligation to disclose Personal Information to government authorities or other third parties pursuant to a valid regulatory request, subpoena or court order.  We may also need to disclose and otherwise process your Personal Information in accordance with applicable law to prevent physical harm or financial loss, protect the vital interests of a person, enforce our various policies or terms of use, protect our property, services and legal rights, prevent fraud, support auditing, compliance and corporate governance functions, or comply with applicable law.

Change In Control Or Merger

We may transfer your information in the event of the sale of substantially all of the assets of our business to a third-party or in the event of a corporate merger, consolidation, acquisition or reorganization. However, in such event, any acquirer will be subject to the provisions of our commitments to you or we will not disclose your information.

With Your Direction Or Consent

We will share your Personal Information with other third parties as you may direct or otherwise consent.

6.  Children’s Privacy

Our Services are not directed to children (individuals under the age of 18).  We do not knowingly collect, maintain, or process children’s Personal Information unless the child’s parent or guardian consents and provides the information.  If we determine that we have received a child’s Personal Information from a source other than the child’s consenting parent/guardian, we will immediately delete the information.

7.  Cookies And Online Tracking

What Are Cookies?

A browser cookie is a small piece of data that a website stores in your device’s browser.  It holds information that the site uses to function properly, remember your preferences, or personalize your experience.  A typical cookie contains a cookie ID, which is a unique string of characters used to identify your browser during the browsing session, or in some cases, during subsequent browsing sessions.  Cookies, cookie ID’s and similar pieces of data may be considered Personal Information (Identifiers or Internet Activity) under applicable law.

Other online technologies, similar to cookies, may allow users to be identified and tracked across multiple browsing sessions, and in some cases tracked across different websites and online services for marketing or advertising purposes.  These technologies include, but are not necessarily limited to, pixels, web beacons and scripts (collectively with browser cookies, “Cookies”).

How Cookies May Be Used On Our Services

Our Service uses “first party” Cookies, which are set by our web domain (super73.com).  Our Service also uses some “third party” Cookies, which are set by other web domains associated with our vendors or partners.  This means that, when you visit our site, your browser may automatically connect to our vendor or partner’s web server, as well as ours, and provide them with access to your online Identifiers and Internet Activity, including information about how you use our site.

Both First Party and Third Party Cookies may be used on our Services for the following purposes:

• Essential: Essential Cookies are necessary for site security and to enable you to move around our site and use its features.

• Functional. Functional Cookies allow us to remember your preferences on the Service during a browsing session or across browsing session.
• Marketing and Analytics: Marketing and Analytics Cookies allow us to analyze use of our Site or Service to evaluate and improve performance.

• Advertising: Advertising Cookies are used to display personalized ads and may be used to track you across different websites and online services.

We won’t use non-Essential Cookies unless you first provide consent.

How You Can Block Cookies

You can block, disable or delete cookies at any time by changing the settings in your browser. However, blocking, disabling, or deleting cookies may limit your ability to view all the pages of our site or other sites.  You can find more information about cookies and other options you may have for restricting them at www.cookiesandyou.com/, and www.aboutads.info/choices.

“Do Not Track” Signals

Your browser may offer a Do Not Track (DNT) setting.  If you turn that setting on, your browser sends a signal to websites indicating that you don’t want to be tracked over time or across third party sites.  We don’t currently respond to these signals because there is not yet a common understanding of how to process them or a consensus on what “tracking” means.

8.  Quality And Retention of Personal Information

We take reasonable steps to keep the personal information we possess accurate and to delete incorrect or unnecessary personal information.  We retain personal information only as long as necessary to fulfill the purposes outlined in this Privacy Policy or otherwise communicated to you, unless a longer period is required by applicable law.  If you have an account with us, we encourage you to access your personal information from time to time to help us ensure that it is up to date.

9.  Data Security

In order to safeguard personal information against unauthorized access or use, we maintain administrative, physical and technical security procedures and practices appropriate to the nature of the information.  We regularly assess the performance and adequacy of those procedures and practices and will adjust them when new operations or risks require it.  Unfortunately, in our increasingly connected digital world, no one can guarantee perfect data security, and we cannot promise that our procedures and practices will always prevent a breach of personal information.  Should we detect such a breach, we will promptly notify affected individuals, third parties and law enforcement agencies as required by applicable law.

We encourage you to help maximize security by applying your own personal security measures.  For more information about what you can do to protect your data, please see the tips and resources offered by the U.S. Federal Trade Commission at https://www.consumer.ftc.gov/topics/privacy-identity-online-security and the California Attorney General at https://www.oag.ca.gov/privacy/consumer-privacy-resources.

10.  Your Rights And Choices

Opt-Out Of Marketing Communications

You may opt-out of our marketing emails by using the unsubscribe link provided in the email.

Your Browser And Device Settings

See Section 7 for options to restrict Cookies.

Area-Specific Rights

If you reside in California or the European Economic Area, United Kingdom or Switzerland, you may have additional rights and choices.

11.  Links To Third Party Sites

Our Services may contain links to third-party websites, products or services.  If you use these links, you will leave our site. Such links do not constitute or imply an endorsement, sponsorship or recommendation by us of the third party, the third-party website or the information contained therein, and we shall not be responsible or liable for your use thereof. Such use shall be subject to the terms of use and privacy policies applicable to those sites.

12.  Third Party Direct Marketing

We do not share your Personal Information with third parties for their direct marketing purposes without your consent.

13.  California Residents

This statement makes additional disclosures to California residents (i.e., “consumers”), and describes rights they have, under the California Consumer Privacy Act of 2018, as amended.(the “CCPA”).  You can learn more about the CCPA here:  https://oag.ca.gov/privacy/ccpa

Collection Of Personal Information

The CCPA requires a description of Personal Information collected using certain categories. The categories of Personal Information we have collected about consumers in the past 12 months are listed below.  For each category, we have collected one or more of the examples listed:

Category	Examples
Identifiers	real name, signature, alias, address, telephone number, email address, Internet Protocol address, device identifier, browser cookies, web beacon, pixel tag, mobile ad identifier, other unique personal identifier, online identifier, account name, Social Security number, driver's license or state ID number, passport number, insurance policy number, physical characteristics or description, or other similar identifiers.
Financial Information	bank account number, credit card number, debit card number, or any other financial information
Protected Classification Information	age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Commercial Information	records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet Activity.	browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Geolocation Data	Physical location or movements
Sensory Data.	Audio, electronic, visual, thermal, olfactory, or similar information.
Professional or Employment-Related Information	Current or past job history or performance evaluations.
Inferences Drawn From Other Personal Information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

 

Sale Or Disclosure Of Personal Information

We do not sell consumers’ Personal Information.

Within the past 12 months, Super73 disclosed the following categories of Personal Information for a business purpose (to the categories of recipients listed):

• Identifiers (to Vendors)
• Financial Information (to Vendors)
• Commercial Information (to Vendors)
• Internet Activity (to Vendors)

Your Rights As a Californian

California residents have the right to make the following requests to covered businesses.  The requests may be made by a consumer, by a consumer on behalf of the consumer’s minor child, or by a person authorized by the consumer to act on the consumer’s behalf.

Right To Request Information About Collection, Disclosure or Sale of Personal Information               

You have the right to request that a business disclose to you: (i) the categories and specific pieces of Personal Information the business has collected about you within the past 12 months, (ii) the categories of sources from which the Personal Information is collected, (iii) the business or commercial purposes for collecting or selling Personal Information, and (iv) the categories of third parties with whom the business shares Personal Information. 

If a business sells Personal Information, or discloses it for a business purpose, you also have the right to request that the business disclose the following with respect to the 12-month period preceding your request: (i) the categories of Personal Information that the business sold about you and the categories of third parties to whom the Personal Information was sold, and (ii) the categories of Personal Information that the business disclosed about you for a business purpose. 

This type of request may be referred to as a “Request to Know.”  Before we can honor a Request to Know, we need to verify that the person making it is the consumer whose Personal Information we have.  Our method for verifying any particular request weighs information we receive as part of the request, the sensitivity of the consumer information at issue, and the risk of harm to the consumer from unauthorized disclosure. 

Right to Request Deletion of Personal Information

You have the right to request that a business delete any Personal Information that the business has collected from you.  This type of request may be referred to as a “Request to Delete.” 

Before we can honor a Request to Delete, we need to verify that the person making the request is the consumer whose Personal Information we have.  Our method for verifying any particular request weighs information we receive as part of the request, the sensitivity of the consumer information at issue, and the risk of harm to the consumer from unauthorized deletion.

We are not required to delete Personal Information if we still need it in order to complete the transaction for which the information was collected, provide a good or service requested by you (or that we reasonably anticipate based on our relationship with you), perform a contract with you, comply with a legal obligation, enable internal uses that are consistent with the context in which you provided the information, or accomplish any other objective recognized as an exception to the right to deletion under applicable law.

Right to Opt-Out of the Sale of Personal Information

You have the right to direct a business that sells Personal Information about you to third parties not to sell your Personal Information.  This type of request may be referred to as a “Request to Opt-Out.”

Right to Non-Discrimination

You have the right not to receive discriminatory treatment by a business for the exercise of your privacy rights under the CCPA. 

How to Submit a Request To “Know” or “Delete”

You can submit a Request to Know or Delete to privacy@super73.com.  Requests must state “CCPA Request to Know” and include:

• your first and last name;
• an email address at which you can be reached for purposes of the request;
• the California county in which you reside;
• for a Request to Know, the disclosure(s) you are requesting;
• for a Request to Delete, a clear statement that you want us to delete your Personal Information; and
• the reason(s) you believe we have collected, disclosed or sold your Personal Information, specifically, within the past 12 months (for example, you purchased a product or received a communication from us)

If you are submitting a request on behalf of another consumer as their authorized representative, you must include the foregoing information about the consumer and attach a copy of a power of attorney appointing you as a duly authorized representative under California Probate Code sections 4000 to 4465 or written permission from the consumer to make the request.

After confirming receipt of your request, we’ll contact you if we need more information in order to verify it.  If we can’t verify a request, we may deny it.

14.  Data Subjects In The EEA, United Kingdom and Switzerland

Data controller and representative

Personal Information that we collect regarding individuals who reside in a member state of the European Economic Area (“EEA”), the United Kingdom or Switzerland is controlled by Super73, Inc., a Delaware corporation, which is headquartered in Irvine, California, U.S.A.  Super73, Inc. has appointed Ms. Alix Armour as its representative in the European Union pursuant to Article 27 of the General Data Protection Regulation (“GDPR”).  If you reside in the EEA, United Kingdom or Switzerland, please address any inquiries relating to this Privacy Policy or our processing of Personal Information to Ms. Armour at gdpr.rep@super73.com.

Lawful bases for processing

We may process your Personal Information for the purposes described above if at least one of the following grounds for processing applies:

• Processing is necessary for us to perform a contract with you or to take steps at your request prior to entering into a contract;
• Processing is necessary to comply with our legal obligations;
• Processing fulfills our legitimate interests in a manner that does not outweigh your rights and freedoms.  Our legitimate interests include: protecting our Services against malicious intrusions and unauthorized use; maintaining and improving our Services; understanding how our Services are used; personalizing our Services; promoting our Services effectively; and complying with legal obligations and protecting our legal rights.
• Processing is necessary to protect the vital interests of you or another individual
• You have consented to the processing

International transfers

Super73, Inc. has its headquarters in the United States.  Information we collect about you will therefore be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Commission under Article 45 of the GDPR.  To the extent we make transfers of personal information to third parties in the United States or other countries that have not received an adequacy finding, we rely on derogations for specific situations as set forth in Article 49 of the GDPR.  In particular, we make such transfers: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of ours in a manner that does not outweigh your rights and freedoms.  We endeavor to apply suitable safeguards to protect the privacy and security of your personal information and to use it only consistent with your relationship with us and the practices described in this Privacy Policy.  We also endeavor to enter into data processing agreements and European Commission-approved model clauses with service providers whenever feasible and appropriate.

Automated decision making

We do not make any decisions involving the use of algorithms or profiling that significantly affects you.

Your rights under GDPR

The GDPR provides you with the following rights, which you can exercise by contacting our EU representative at gdpr.rep@super73.com:

• The right to request access to and rectification of your personal information.  You may obtain additional information about our processing and a copy of your stored information.  You also have the right to request that we update your information if it is inaccurate or incomplete.
• The right to request erasure of your personal information.  You may request for us to erase your information from our systems if it is no longer necessary for the reason we collected it, or you withdraw consent and no other legal basis for processing exists.
• The right to restrict our processing of your personal information.  You have the right to restrict our processing if: (1) you disagree with the accuracy of your information; (2) our processing is deemed unlawful and you do not want us to erase your information; or (3) we no longer need your information for the purposes for which we collected it but we must store it to comply with our legal obligations.
• The right to data portability.  You may receive and transmit your personal information to another controller where our processing is based on consent you gave us and was carried out by automated means.
• The right to object.  You have the right to object to our processing of your personal information where we process it because of a legitimate interest.

You also have the right to file a complaint with the supervisory authority of your member state.

15.  Changes To This Policy

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically.  Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.  If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

16.  Contact Us

If you have any questions or concerns about this Policy, please contact us via privacy@super73.com.