oBike privacy policy

This Privacy Policy (the “Policy”) describes how oBike Germany GmbH (also referred to as “oBike,” “Company,” “we,” “us,” or “our”), collects, stores, uses and protects your information when you use our website at https://www.o.bike, any mobile applications related to this Policy and available for download in any other third party app store, third party devices (the “Apps”), or any other websites, pages, features, or content owned or operated by oBike (collectively, including the Site and Apps, the “Services”).This Privacy Notice describes the types of personal information we collect about consumers, how we use the information, with whom we share it and the rights available to you regarding our use of the information. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices.

Information We Collect

In this Policy, the term “personal information” includes any information that identifies or makes an individual identifiable. When you access or use our Services, we may generally collect the personal information described below:

A. Contact information you provide for us when you sign up to create an account with some of our Apps, including but not limited to the name, email address, date of birth, gender, login credentials;

B. Social Media Account Information you provide for us when you sign up with a Social Media Account, including but not limited to your email address, birthday, friends list, or public profile information. All other information provided by you is voluntary;

C. Your Content provided when using some of our Services. You voluntarily provide the information to us when you create, post, upload or share content by accessing to your photos, media and files, and your device’s camera and microphone;

D. Payment information include but not limited to the payment card number, expiration date, authorization number or security code, delivery address and billing address;

E. Your geographic location, in connection with your use of the Platform or the Service. Depending on your Mobile Application or device settings, we may collect your precise or approximate location information as determined through data such as GPS, mobile network, Bluetooth and Wi-Fi. If you do not enable us to collect your location information, this may affect the functionality available on the Mobile Application. In addition, when you use the Service, we may obtain trip data, including information such as your geographic location, trip duration, start and stop time and date, start and end station name, station ID number, station latitude and longitude, bicycle ID number and user type (such as annual member).

Please bear in mind that we do not intend to collect personal information of children under 18 years of age unless permitted by applicable law. Children are not allowed to use our services unless they provide us with the consent of their parents or guardians. If we realize that we have inadvertently collected personal information from a child, we will make a reasonable effort to delete this information in our database. If you are a child's parents or guardian, you believe that your child has provided us with our personal information in our service, please contact us at privacy@o.bike immediately.

Information Automatically Collected Through the Services

When you use the Platform, we may collect certain information by automated means. The types of the information include but not limited to:

A. Device Information. If you access the Services through a mobile device, we may be able to identify the IP address, unique device identifier, browser characteristics, device characteristics (such as your mobile device’s brand, model, operating system, resolution, screen size, system version, Bluetooth settings, internet connection, random-access memory, the application you have installed, the applications you have running in the background, mobile device’s advertising ID), general location of your mobile device, language preferences, referring URLs, inform;

B. Cookies & Similar Tracking Information. We use cookies and similar tracking technologies to collect information about your interactions with our Services. The information we collect includes, but is not limited to, account activation time, content displayed to you and whether you clicked on it, advertisements displayed to you and whether you clicked on them, URLs you have visited, notifications that have appeared on your mobile device, your Internet Protocol (“IP”) address, your mobile country code, and your user ID. Through these automated collection methods, we obtain “clickstream data,” which is a log of the links and other content on which a visitor clicks while using the Platform. As the visitor navigates through the Platform, a record of the action may be collected and stored. We may link certain data elements we have collected through automated means, such as your browser information.

C. Content Sharing. When you choose to share content with us, we automatically collect information includes but not limited to your Wi-Fi connection, and call information.

D. We may use third-party analytics services on the Platform. The information obtained for this purpose (including your IP address and other information collected by automated means) will be disclosed to or collected directly by these service providers. The providers of third-party apps, tools, widgets and plug-ins on the Platform, such as social media sharing tools, also may use automated means to collect information regarding your interactions with these features. This information is collected directly by the providers of the features and is subject to the privacy policies or notices of these providers. To the extent permitted by applicable law, oBike is not responsible for these providers’ information practices.

In addition, we also may use the information in other ways for which we provide specific notice at the time of collection.

How We Use the Information We Collect

We use the personal information we gather through the Services for the purposes described below:

A. To provide the Services to you. Operate, evaluate and improve our business, such as developing new products and services; monitoring, enhancing and improving our systems and services; managing our communications; analyzing our products and customer base; performing data analytics; and performing accounting, auditing and other internal functions.

B. To send you Service-related communications. We use your contact information to send promotional materials and other communications and administer your participation in, special events, contests, sweepstakes, programs, offers, surveys and market research. Respond to your inquiries when you contact us to help you with any questions, concerns, disputes or issues, or to provide us with your feedback.

C. To enforce terms, agreements or policies. To ensure your safety and adherence to our terms, agreements or policies, we may process your personal information to: actively monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities on our Services; investigate, prevent, or mitigate violations of our terms and policies; enforce our agreements with third parties and partners; and, collect fees based on your use of our Services. We cannot perform our Services in accordance with our terms, agreements or policies without processing your personal information for such purposes. Process your payments, create and manage your account;

D. For security purposes. We process your personal information to: improve and enforce our security measures; combat spam, malware, malicious activities or security risks; and to monitor and verify your identity so that unauthorized users do not access your account with us.

E. To maintain legal and regulatory compliance. We process your personal information to comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies; protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities; pay our taxes or fulfill our other business obligations, and/or to manage risk as required under applicable law.

F. To conduct research and development. We process information about the way you use and interact with our Services to: help us improve our Services; build new Services; and build customized features or Services. Such processing ensures your continued enjoyment of part or all of our Services.

G. To engage in marketing activities. We may process your contact information or information about your interactions on our Services to: send you marketing communications; deliver targeted marketing; inform you about events, webinars, or other materials, including those of our partners; and, keep you up-to-date with our relevant products and Services. Transactional communications about your account or our Services are not considered “marketing” communications. In addition, when you share your friends’ contact information with us, we may reach out to them to invite them to our Services and to continue receiving our communications. You can opt-out of our marketing activities at any time.

If we use your personal information in any other ways, we will disclose this to you. You can choose not to share your information with third parties for marketing purposes, or from allowing us to use your personal information for any purpose that is incompatible with the purposes for which we originally collected it or subsequently obtained your consent. If you choose to limit the ways we can use your personal information, some or all of the Services may not be available to you.

How We Share Your Information with Third Parties

We may share your personal information with third parties in the following circumstances:

A. Employees, Third-Party Processors and Third-Party Service Providers. We may share your personal information with service providers who perform services on our behalf. We do not authorize these service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. In addition, we may share your information with (i) our subsidiaries and affiliates, (ii) joint marketing partners or other co-branded third parties, (iii) municipalities and other relevant government agencies associated with the Service, and (iv) sponsors (such as employers that provide discounted rates for employees). We do not authorize these service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

B. Public and private organizations for statistical and research purposes. We reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).

C. Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies. We may disclose information about you including but not limited to: (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, (iii) to enforce or exercise our rights under our agreements with users or to investigate or defend against any action or allegation against us, or (iv) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.

D. Business Transfers or Bankruptcy. In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, any personal information owned or controlled by us may be one of the assets transferred to third parties. We will notify you via email or a prominent notice within our Services of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

We are committed to ensuring the security of your personal information. We have physical, technical and administrative safeguards in place to protect the confidentiality of your personal information. However, please bear in mind that we cannot guarantee the security of your personal information or that loss, misuse, unauthorized acquisition, or alteration of your data will not occur. We also have no way of protecting any of your personal information that is not in our control, such as any information transmitted via email or wireless connections. Maintaining the security of your personal information is also your responsibility. Where we require you to register an account, you should choose a password of sufficient length and complexity and keep your password confidential. Do not leave your device unlocked so that other individuals may access it. Make sure you trust the wireless connections you are using to access or use our Services. If you think there has been unauthorized access to or use of your account, please contact us immediately at privacy@obikeinc.com.

Users' Rights About Personal Information

We provide you with the rights described below when you use our Services described below:

A. Right of inspection. You have the right to access personal data, processing purposes, categories of personal data, recipients, storage duration, and automatic decision making. If you request a copy of your personal information that we collect, we will provide you with a copy without undue delay and free of charge, except where unwarranted, excessive or repetitive demands are requested and we may charge a fee permitted by law.

B. Right to correct. You have the right to correct inaccurate personal data without undue delay and the right to complete the incomplete personal data, including the provision of supplementary statements.

C. Right to be Forgotten. You may request us to erase any of your personal information held by us that: no more personal data is needed to collect or otherwise process data.

a) you have withdrawn the permission to handle, and there is no other legal basis in the process.

b) you object to dealing with activities and delete personal data.

c) personal data were handled illegally;

d) personal data must be deleted to comply with the legal obligations of the administrator in the laws of the European Union or member states.

e) children's personal data have been collected without permission from their parents.

Upon receipt of the request to delete data, we will immediately notify the managers who are processing the data deleted by the main request. However,the right to delete is not applicable to the following five situations: (i) exercise the right to freedom of speech and information; (ii) the duty of handling activities regulated by regulation; (iii) for reasons of public interest in public health; (iv) for public interest, scientific or historical research purposes or statistical purposes; (v) to establish, exercise or defend legal claims;

D. Right to restriction. You have the right to restrict our processing your personal information where one of the following applies:

a) You contest the accuracy of your personal information that we processed.

b) The processing is unlawful and you oppose the erasure of your personal information and request the restriction of its use instead;

c) We no longer need your personal information for the purposes of the processing, but it is required by you to establish, exercise or defense of legal claims; or

d) You have objected to processing, pending the verification whether the legitimate grounds of our processing override your rights.

In addition to being stored, restricted data will only be used for legal appeals, protecting other natural persons' interests, national public safety and interests. We will notify you of the data before the processing restrictions are removed.

E. Right to object to processing. You may object to our processing at any time and as permitted by applicable law if we process your personal information on the legal basis of consent, contract or legitimate interests. We can continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law. When personal data are used for direct marketing purposes, you have the right to oppose the personal data processing at any time, including personal data related to this direct marketing.

F. Right to data portability. If we process your personal information based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request to receive your personal information in a structured, commonly used and machine-readable format, and to have us transfer your personal information directly to another “controller”, where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others.

G. Automated individual decision-making, including profiling. You have the right not to be subject to a decision based solely on automated processing of your personal information, including profiling, which produces legal or similarly significant effects on you, unless an exception applies under applicable law.

H. Right to withdraw consent. If we rely on consent to process your personal information, you have the right to withdraw your consent at any time. A withdrawal of consent will not affect the lawfulness of our processing or the processing of any third parties based on consent before your withdrawal.

I. Right to Lodge a Complaint. If you believe we have infringed or violated your privacy rights, please contact us at privacy@o.bike so that we can work to resolve your concerns. You also have a right to lodge a complaint with a competent supervisory authority situated in a Member State of your habitual residence, place of work, or place of alleged infringement.

How We Protect Personal Information

We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

Links To Third-Party Websites, Apps and Services

For your convenience and information, the Platform may provide links to third-party websites, apps and services that may be operated by companies not affiliated with Motivate. These companies may have their own privacy notices or policies, which we strongly suggest you review. We are not responsible for the privacy practices of any non-Motivate websites, apps or services.

Updates to Our Privacy Notice

This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices. For significant changes, we will notify you by posting a prominent notice on the Websites and indicating at the top of the Privacy Notice when it was most recently updated.

How To Contact Us

If you have any questions or comments about this Privacy Notice, please contact us by email at privacy@o.bike subject line Privacy Notice.