6. Disclosure of Personal Information

In addition to the specific situations discussed elsewhere in this privacy policy, such as the “Cookies and Similar Online Tracking Technologies” section above, we disclose personal information in the following circumstances:

Corporate Affiliates: We may disclose personal information to our corporate affiliates, including our parent company, sister companies, and subsidiaries.

Persons Providing Services Related to Our Business: We disclose certain personal information to services providers, contractors and other persons providing services to us for the purposes related to our business operation, such as fulfilling orders; delivering packages; complying with your request for shipment of products to or provision of services by an intermediary; sending e-mails, and text messages; analyzing customer data; providing marketing assistance; processing credit card and debit card payments; investigating fraudulent activity; conducting customer surveys; and providing customer service.

Social Media Platforms and Networks: Some of our websites have features such as, plugins, widgets, and/or other tools made available by social media platforms and networks that allow your information to be disclosed to us and/or third party social medial platform / network services providers. (Third party social medial platform / network services providers’ use and/or disclosure of your information is not governed by this privacy policy.)

Public Forums: Some of our websites provide the opportunity to post content in a public forum. If you decide to submit information in these public forums, that information will be publicly available.

Legal Process: We may disclose personal information in response to subpoenas, warrants, court orders, government inquiries, or investigations; or to comply with relevant laws and regulations. We may also disclose information to establish, exercise, or protect the rights of our company, employees, agents, and affiliates; to defend against a legal claim; to protect the safety and security of our visitors; to detect and protect against fraud; and to take action regarding possible illegal activities or violations of our policies.

Transfer of Control: We may disclose personal information with another company that buys some, or all, of the assets or stock of our company, and that company may use and disclose personal information for purposes similar to what is described in this policy. We may also disclose personal information with prospective purchasers to evaluate the proposed transaction.

Other Instances: We may ask if you would like us to disclose your information with other third parties who are not described elsewhere in this privacy policy.

7. Sales

Under CCPA, the term “sale” is not as traditionally understood to be only about selling personal information in exchange for cash or equivalent consideration. Under certain circumstances, a transfer and/or making available of personal information to a third party may also be considered as sale of such information under CCPA. In the preceding twelve (12) months, Company disclosed the following categories of personal information that may be considered as “sale” / “sharing”:

• Identifiers: IP address and emails could be disclosed to network services providers via cookies and similar technology or tools when you visit our websites.
• Commercial Information;
• Internet or other similar network activity.

Categories of third parties to whom personal information was disclosed that may be considered “sale”/ “sharing” include:

• Corporate affiliates;
• Companies / persons providing services related to our business.
• Social media platforms and networks, data analytics providers, advertisement service providers.

We do not knowingly sell the personal information of consumers under the age of 16 without proper consent.

For more on your personal information sale rights, see Personal Information Sales Opt-Out Rights.

8. Your Rights and Choices

The CCPA provides California consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise them.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by either:

• Emailing us at privacylegal@segway.com;
• Calling us at 1-866-4SEGWAY (866-473-4929);
• Mailing us at: Segway Inc., P.O. Box 661805, Arcadia, CA 91066, attention to Legal, Privacy.

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may also make a request to know or delete on behalf of your child.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
  • Your first and last name;
  • Your email address (if you have a Segway account, please provide the email address associated with your account);
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Please note: By submitting a deletion request to delete the personal information associated with your Segway account, you will no longer be able to use existing Mileage Program points or rewards, nor earn points or rewards on purchases you make in the future. You understand that there is no way to reinstate your Segway Mileage Program account, points and rewards once you have chosen to delete them. After deletion, any future Segway Mileage Program sign up will require a new, different email address for membership.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You do not need to create an account with us to submit a request to know or delete.

We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out Rights.

Response Timing and Format

Once you have submitted your request, we will respond within the time frame permitted by the applicable law. Please note that we may charge a reasonable fee for multiple requests in the same 12-month period, as permitted by law.

Personal Information Sales Opt-Out and Opt-In Rights

If you are age 16 or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: https://www.segway.com/do-not-sell-my-personal-info/. You can also find this link at the bottom of our website with the title “Do Not Sell My Personal Information”.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

9. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We currently provide the following financial incentives:

• Segway Mileage Program, https://store.segway.com/segway-mileage-program;
• “$20 Off” coupon for subscribing to our newsletter.

10. Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send a written request to us at this address: Segway Inc., P.O. Box 661805, Arcadia, CA 91066, attention to Legal, Privacy.

11. Miscellaneous
12. Arbitration, Waiver of Jury Trial and Waiver of Class Action

Segway and you agree that any dispute, controversy, or claim arising out of, related to or in connection with this Policy and Segway’s practice and/or activities of data collection, usage and disclosure, shall be submitted to binding arbitration upon the request of either party upon the service of that request on the other party.

The arbitration shall be conducted by the American Arbitration Association (AAA) according to its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively “AAA Rules”). The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted before a single arbitrator. The arbitration tribunal shall have the power to rule on any challenge to its jurisdiction or to the validity or enforceability of any portion of the Policy to arbitrate. Any decision of the arbitrator shall be final and may be entered into any judgment in any court of competent jurisdiction. You waive the right to have your claim heard in a court of law and by a jury.

You waive the right to participate in class actions arising from or relating to all claims and disputes with Segway. You agree to arbitrate solely on an individual basis and that this Policy does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration clause will remain in force.

Opt-out of Arbitration

YOU MAY OPT OUT OF THIS DISPUTE RESOLUTION PROCEDURE BY PROVIDING NOTICE TO SEGWAY NO LATER THAN THIRTY (30) CALENDAR DAYS AFTER THE DATE OF YOUR FIRST USE AND/OR INTERACTION WITH OUR WEBSITE, OR THE DATE OF YOUR FIRST PROVISION OF PERSONAL INFORMATION TO SEGWAY, WHICHEVER COMES EARLIER. TO OPT-OUT, YOU MUST SEND NOTICE BY EMAIL TO SEGWAY AT PRIVACYLEGAL@SEGWAY.COM, WITH THE SUBJECT LINE: “ARBITRATION OPT-OUT.” THE OPT-OUT NOTICE BY E-MAIL MUST INCLUDE (A) YOUR NAME, EMAIL ADDRESS, MAILING ADDRESS, AND PHONE NUMBER; AND (B) THE DATE ON WHICH YOU FIRST VISITED SEGWAY WEBSITE OR PROVIDED PERSONAL INFORMATION TO SEGWAY. ALTERNATIVELY, YOU MAY OPT OUT BY SENDING AN ELECTION TO OPT- OUT LETTER TO SEGWAY AT SEGWAY INC, P.O. BOX 661805, ARCADIA, CA 91066, USA VIA CERTIFIED MAIL WITHIN THE SAME TIME WINDOW. THESE ARE THE ONLY TWO EFFECTIVE WAYS TO OPT-OUT THIS DISPUTE RESOLUTION PROCEDURE.

Choice of Law

The Federal Arbitration Act governs this arbitration clause. This Polic evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs its interpretation and enforcement.

Arbitration Procedure

The following is a description of the arbitration process A. Mail a Notice of Dispute to Segway. Before initiating an arbitration against Segway Parties and/or Segway Dealers, you must first notify Segway Parties and/or Segway Dealers of your dispute in good faith. Please include your contact information, your concerns, and the relief you intend to seek from Segway Parties and/or Segway Dealers, and any information you believe would help resolve the dispute. Segway Parties and/or Segway Dealers will review your Notice of Dispute to determine whether Segway Parties and/or Segway Dealers may settle it with you to avoid arbitration. The notice should be sent by certified mail to Segway Inc., P.O. Box 661805, Arcadia, CA 91066, attention to Dispute.

Wait 30 Days. Segway will review your Notice of Dispute within thirty (30) days of Segway’s receipt of your Notice of Dispute. If you do not hear from Segway within thirty (30) days of its receipt of your Notice of Dispute, you may proceed with filing an arbitration claim against Segway. Should Segway provide you with a written settlement offer, please keep this settlement offer because Segway Parties and/or Segway Dealers and you will be required to show this settlement offer to the arbitrator. Notwithstanding the foregoing, such offer, if any, shall not be shown to the arbitrator until after the arbitrator’s determination on the merits of your claim.

Complete a Demand for Arbitration. You can initiate arbitration by completing a Demand for Arbitration that includes a basic statement of the (i) names and addresses and telephone numbers of the parties involved; (ii) your description of the dispute; and (iii) your short statemen detailing why you are entitle to relief.

Send Segway Your Demand for Arbitration. You can send Segway Parties and/or Segway Dealers your Demand for Arbitration at the following address: Attention: Disputes, Segway Inc., P.O. Box 661805, Arcadia, CA 91066. Please keep a copy of your notice for your record.

Send AAA Two (2) Copies of Your Demand for Arbitration. The Demand for Arbitration includes the address that you are to send two (2) copies of your Demand for Arbitration. This address is AAA Case Filing Services at 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, subject to amendment and/or update by AAA. You should also include a copy of this warranty policy and the appropriate filing fee. Segway Parties will reimburse you for this filing fee. If you cannot afford to pay the filing fee, please contact Segway, and Segway will pay the filing fee for you if your claims seek a remedy less than $75,000. AAA has an online filing option that you can find on its website: www.adr.org.

AAA Appointment of Arbitrator. If no claim in the arbitration exceeds $75,000, the AAA will appoint an arbitrator and notify you and Segway Parties and/or Segway Dealers of the arbitrator’s name and qualification. The AAA requires all arbitrators to check for any past or present relationships with the parties, potential witnesses, and the parties’ attorneys. If the arbitrator has any such relationship, the AAA will inform Segway Parties and you. If either you or Segway Parties object to the AAA’s choice of arbitrator, we’ll have seven (7) days to inform the AAA.

Choose the Hearing You Would Like. Unless you and Segway Parties agree to have any arbitration hearings somewhere else, the arbitration will take place in the county (or parish) that you purchase the Product. If your claim is for $10,000 or less, you may choose to have the hearing conducted by telephone or in-person. Alternatively, you may choose to proceed to conduct the entire arbitration through written correspondence with the arbitrator that doesn’t include an interactive hearing. Once the AAA has commenced the arbitration, you have ten (10) days to inform the AAA of your choice of hearing. If you don’t make a choice, the AAA will conduct the arbitration by written correspondence without an interactive hearing. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Those rules currently provide for an in-person hearing if your claim exceeds $10,000, but you and Segway Parties may agree whether that hearing is in person or by telephone or whether to instead proceed with written correspondence.

Arbitrator’s Decision. Within fourteen (14) days from the conclusion of the in-person or telephone hearing, or from the submission of all written evidence to the arbitrator if you have elected to conduct the arbitration through written correspondence, the arbitrator will render a written decision. That decision will include the essential findings and conclusions upon which the arbitrator based his or her award. Segway Parties will immediately respond to the arbitrator notifying the arbitrator whether, and to what extent, Segway Parties will abide by the decision, perform the obligations it has agreed to do. Any decision by the arbitrator may be utilized by any party for any reason.

Confidentiality

The parties agree to keep strictly confidential any conduct, communication, and information disclosed and/or communicated to the other party under this Section 11.A. “Arbitration, Waiver of Jury Trial and Waiver of Class Action” including but not limited to the existence of dispute resolution, mediation (if the parties agree to conduct mediation), settlement, arbitration, arbitral proceedings, submissions made by the parties and the decisions made by arbitral tribunal, including its awards to the extent not already in the public domain, except in judicial proceedings related to the award or where required by applicable law.

B. Changes to Our Privacy Policy

We may change our privacy policy if we deem it necessary. Your continued use of our website and/or provision of your personal information to us through online or offline channels after changes is deemed as your acceptance thereof. You are advised of the need to check updates.

C. Contact Information

To ask questions or comment about this Policy and our privacy practices, contact us at:

Phone: 1-866-4SEGWAY (866-473-4929)

Website: https://ninebot.my.site.com/hc/s/contactsupport

Email: privacylegal@segway.com

Postal Address: Segway Inc., P.O. Box 661805, Arcadia, CA 91066, attention to Legal, Privacy

If you need to access this Policy in an alternative format due to having a disability, please contact privacylegal@segway.com and call 1-866-4SEGWAY (866-473-4929).