Effective Date: December,1,2023

Last Updated: December,1,2023

Qingdao Magene Intelligence Technology Co., Ltd.(referred to herein as “Magene”,“we”,“our”, or “us”) and its affiliates, recognizes the importance of protecting the personal data we may collect from visitors and any other individual or entity (“Users”,“you”, or “your”). This Privacy Policy applies to when we collect and process personal data through your use of the ,Magene Utility App and eBike Connect App (hereinafter referred to collectively as the “Apps”), through our social media pages that we control, and through email messages that we may send to you (collectively, the “Services”).

Our Privacy Policy explains:(1）what personal data we collect;(2） why we collect it;（3）how we use that data;（4）how we may share it;（5）the choices we offer, including how to access, update, correct and delete data; and （6） the measures we take to keep your data safe. 

Specifically, our Privacy Policy covers the following topics:

  1. When This Privacy Policy Applies
  2. How We Process Your Personal Data
  3. Our Legal Basis for Collecting Personal Data
  4. Your Failure to Provide Personal Data
  5. Our Retention of Your Personal Data
  6. Sharing Personal Data
  7. Your Rights and Choices
  8. Our Opt-in/Opt-out Policy
  9. Third Party Links
  10. International Transfer of Personal Data
  11. How We Protect Personal Data
  12. Children’s Privacy
  13. Changes to this Privacy Policy
  14. How to Contact Us

Please familiarize yourself with our privacy practices. By using the Apps or Services, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Apps or Services.

Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the People’s Republic of China, and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live. Learn more about our data transfer operations in the “International Transfer of Personal Data” section below. If you do not agree to the transfer, storage and use of your information in the People’s Republic of China, and any other country where we operate, please do not use the Apps or Services.

If you have any questions or comments about this Privacy Policy, please contact us as indicated in the “How to Contact Us” section below.


When this Privacy Policy Applies

Our Privacy Policy applies to the Services offered by Magene or use our Apps, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy. 

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you, or other sites linked from our Apps or Services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our Services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

 

How We Process Your Personal Data

We collect information, including personal data, to provide better Services to all our Users. We use the term “Personal Data” or to refer to any information that identifies or can be used to identify you. Common examples of Personal Data include: full name, email address, digital identity, such as a login name or handle, information about your device, and certain metadata.

“Sensitive Personal Data” refers to a smaller subset of Personal Data which is considered more sensitive to the individual, such as race and ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic or biometric information, physical or mental health information, medical insurance data, or sexual orientation. 

When you use our Services, we collect Personal Data in the following ways:

When you use our Apps

1. Create an account
When you use Magene Utility, we will ask you to create a User account. Certain information is required when creating an account to use our Services on the mobile applications, such as your email address (as username) and password. 
When you use eBike Connect App,you can use it directly, without having to create or log in to an account.

2. Device pairing
If you want to make full use of our Services, you will have to pair your device with Magene Utility and/or eBike Connect App. To pair your device, you will have to enable the Bluetooth function on your device to transmit the device ID, device brand and model.

3. Location Data
If you grant us access to your location when you use Magene Utility App and eBike Connect App, we may collect information about your location when you use our Services. Your location can be determined by: IP address, GPS, device permission and information about things near your device, such as Wi-Fi access points and cell towers. When you use our Services via a wireless device, we may solicit your permission to collect your location data. Third party SDK providers (including mapbox) that are embedded on our Services may also collect and analyze your location data. The purpose to collect your location data is to improve our Services, marketing, customer relationships and experiences.

Some features within our applications may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. The specificity of the location data collected may depend on a number of factors, including the device you are using (e.g., laptop, smartphone or tablet) and how you are connected to the Internet (e.g., via cable broadband connection, WiFi). If you enable location services for our mobile applications, we may collect location data periodically as you use or leave open our mobile applications. We may associate such location data with Personal Data you provide to us. Depending on the platform you use to access our mobile applications (e.g., Apple’s iOS, Google’s Android), you may be able to control whether location data is collected from within “Settings” or other controls on your wireless device or the mobile applications.

4. Device Data
When using Magene Utility App and eBike Connect App, we or our service provider may collect your unique device ID, phone manufacturer, brand, model, OS version, Bluetooth information, IP address and log data. We may use such information for internal purposes and to provide you a better experience, such as to troubleshoot application problems you may experience. We may associate device ID with Personal Data you provide to us.

5. Email Direct Marketing
You may subscribe to EDM (Email Direct Marketing) to receive important notifications, marketing materials and activity information about the Services from time to time. If you provide your opt-in consent to receiving marketing information from us, we will also process your email address for the purpose of sending you marketing information about our products, services, and Apps, as well as newsletters. You may withdraw your consent at any time through the unsubscribe link at the bottom of our marketing emails.

6. Social Networking
When using our Services or when using certain third party social networking services (for example, Strava or TrainingPeaks) (each a “Social Network”), you may have the option to connect your information or activity on our Services with that Social Network and its users, and to access certain of your Social Network information, as disclosed to you at the time you consent to the connection. Information we may share with a Social Network may include, but is not limited to, technical information about your activity on our Services. Information we may access about you, with your consent, from a Social Network, may include, but is not limited to, your basic Social Network information, your location data, your lists of contacts, friends and followers, and certain information about your activities on the Social Network. If you permit a connection between a Social Network and our Services, we and that Social Network may be able to identify you and to associate information received pursuant to that connection with information we already have about you. We recommend that you familiarize yourself with the privacy policy and privacy control options of any Social Network with which you choose to share information or to connect our Services.
 
7. After-sale support
When you interact with our customer support representatives through Magene Utility App and eBike Connect App, we collect the device brand and model, images uploaded by you to help troubleshoot and resolve your issue.

Information Collected Related to California Residents and Hong Kong Residents
 
During the last twelve（12） months, we have collected the following categories of personal information from consumers.

Category

Type of Identifiers We Collect

Purposes/Activities

Apps

A. Identifiers.
  • First and last name
  • Email address
  • To support EDM (Email Direct Marketing)
  • To send you system notifications
  • Magene Utility App

B. Internet or other electronic network activity information (Cal. Civ. Code § 1798.80(e)).

  • Browsing history
  • User location
  • length of stay
  • IP address
  • Device identifier
  • In order to understand users and provide better after-sales service to them
  • Magene Utility App；
  • eBike Connect App
We will ask for your consent before using information for a purpose other than those set out in this Privacy Policy.

Our Legal Basis for Collecting Personal Data

We have set out below, in a table format, a description of all the ways we plan to use your Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

 Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

Apps
  • To support EDM (Email Direct Marketing)
  • To send you system notifications
  • Email address
  • Consent
  • Magene Utility App
  • To device pairing
  • Device ID 
  • Device brand and model 
  • Performance of a contract with you
  • Consent
  • Magene Utility App；
  • eBike Connect App
  • To use data analytics to improve our ,products/services, marketing, customer relationships and experiences, mobile interface adaptation, as well as device activation/connection and message notification
  • Phone manufacturer
    Phone brand
    Phone model
    OS version
    Bluetooth information
    Location
    IP address
    Coarse location
  • Performance of a contract with you
  • Consent
  • Necessary for our legitimate interests (to define types of customers for our products and services, to develop our business and to inform our marketing strategy)
  • Magene Utility App；
  • eBike Connect App

Entrusted Third Party

Entrusted Assigned Task

Microsoft Azure

Data storage

Ali cloud

Data storage and processing

Qiniu cloud

 Data storage

Google Analytics

 Google Analytics is an ad management and ad serving technology. Google Analytics places cookies on the Apps so that Magene can record how many signups and leads originated from its marketing activity.

Baidu map

 Get location

Mapbox

 Get location
Focussend

Email marketing services

Your Rights and Choices
You may have certain rights relating to your Personal Data, subject to local data protection law. Whenever you use our Services, we aim to provide you with choices about how we use your Personal Data. Subject to applicable law, you may obtain a copy of the record of Personal Data about you that we have collected and processed. In addition, if you believe that Personal Data we maintain about you is inaccurate, subject to applicable law, you may have the right to access and change them by logging into with your account on your device, or request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information.

Privacy Rights Specific to European Union Residents
The European Union’s General Data Protection Regulation (“GDPR”), and corresponding legislation in the United Kingdom and Switzerland, provide European, Switzerland and United Kingdom residents with certain rights in connection with Personal Data you have shared with us. If you are resident in the European Economic Area, you may have the following rights:
 
You may exercise any of the rights described in this section by sending an email to privacy@Magene.com or contact our representative in EU. Please note that we may ask you to verify your identity and request before taking further action on your request. We may respond to your request by letter, email, telephone or any other suitable method. If you completely delete all such information, or if you cancel the account, then your account may become deactivated and your Personal Data will be deleted or ammonized. We may retain an archived copy of your records as required by law, to comply with our legal obligations, to resolve disputes, to enforce our agreements or for other legitimate business purposes.

Privacy Rights Specific to California Residents
Under the California Consumer Privacy Act, California residents have specific rights regarding their personal information. This section describes Californians’ rights and explains how California residents can exercise those rights.
Below we further outline specific rights which California residents may have under the California Consumer Privacy Act.
Right to Access Your Data. You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Data over the past twelve （12） months. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. 
Right to Data Portability. You have the right to a “portable” copy of your Personal Data that you have submitted to us. Generally, this means you have a right to request that we move, copy or transmit your Personal Data stored on our servers or information technology environment to another service provider’s servers or information technology environment.
Right to Delete Your Data. You have the right to request that we delete any of your Personal Data that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Data from our records, unless an exception applies.
Right to Non-Discrimination for the Exercise of Your Privacy Rights. You have the right not to receive discriminatory treatment by us for exercising your privacy rights conferred by the California Consumer Privacy Act.
Right to Opt-out of Sale. You have the right to request that your personal information not be sold at any time.

Exercising Your Rights
If you are a California resident who chooses to exercise your rights, you can submit a request via email to privacy@magene.com.
You may also designate an agent to exercise your privacy rights on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification.
 
Our Response to Your Request
Upon receiving your request, we will confirm receipt of your request by sending you an email. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request.
We will respond to your request within forty-five （45） days. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Data for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the Personal Data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
Debug products to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
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;
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
Comply with a legal obligation; or
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Privacy Rights Specific to Hong Kong Residents
Magene is required to comply with the Hong Kong law in respect of its operations there. Magene seeks to comply with the requirements of Hong Kong’s Personal Data (Privacy) Ordinance (“PDPO”).
 
Magene’s Privacy Policy shall apply to its operations in Hong Kong, and this section should be read along with the Privacy Policy.
 

    As in other jurisdictions, Magene intends to use Personal Data collected from Hong Kong residents to send them marketing communications offering or advertising the availability of our Services (“Direct Marketing”). Under the PDPO, we may not use such Personal Data for Direct Marketing unless we have received consent from these individuals for that intended use.
     
    We may use your name, email address, mailing address and phone number and information about your preferences for Direct Marketing. These preferences may relate to both the business lines which you prefer for receiving Direct Marketing from us and the types of Services in which you are interested.
     
    Your Personal Data may be used for Direct Marketing in relation to the following:

    The right to be informed. You are entitled to be informed of the use of your Personal Data. This Privacy Policy provides such information to you.

    The right of access. You have the right to request a copy of your Personal Data which we hold about you.

    The right of correction. You have the right to request correction or changes of your Personal Data if it is found to be inaccurate or out of date. 

    The right to withdraw consent. You have the right to withdraw a previously given consent for processing your Personal Data for a specific purpose.

    The right to be forgotten. You have the right to request us, at any time, to delete your Personal Data from our servers and to erase your Personal Data when it is no longer necessary for us to retain such data. Note, however, that deletion of your Personal Data will likely impact your ability to use our Services, and it may not be possible for us to delete corresponding information immediately from our backup systems due to applicable law and security technologies. In such case, we will ensure that your Personal Data is kept secure and prevent it from being subjected to any further processing until the backup can be cleared or anonymized.

    The right to object (opt-out). You have the right to opt-out of certain uses of your Personal Data, such as email direct marketing, at any time. 

    The right to data portability. You have the right to a “portable” copy of your Personal Data that you have submitted to us. Generally, this means your right to request that we move, copy or transmit your Personal Data stored on our servers or information technology environment to another service provider’s servers or information technology environment.

    The right to refuse to be subjected to automated decision making, including profiling. You have the right not to be subject to a decision and insist on human intervention if the decision is based on automated processing and produces a legal effect or a similarly significant effect on you.

    The right to lodge a complaint with a supervisory authority. You have the right to lodge complaints about our data processing activities by filing a complaint with us or with the relevant Supervisory Authority. A list of Supervisory Authorities is available here:http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. 


    1. Use of Personal Data for Direct Marketing in Hong Kong

    As in other jurisdictions, Magene intends to use Personal Data collected from Hong Kong residents to send them marketing communications offering or advertising the availability of our Services (“Direct Marketing”). Under the PDPO, we may not use such Personal Data for Direct Marketing unless we have received consent from these individuals for that intended use.

    We may use your name, email address, mailing address and phone number and information about your preferences for Direct Marketing. These preferences may relate to both the business lines which you prefer for receiving Direct Marketing from us and the types of Services in which you are interested.

    Your Personal Data may be used for Direct Marketing in relation to the following:
    -News and information;
    -Services offered by Magene.

    You may communicate your consent to our use of your Personal Data for Direct Marketing when:
    -Providing us with your Personal Data through our APPs, clicking on the button indicating your consent;
    -Providing us with your Personal Data through a form, signing the form to indicate your consent;
    -Following the instructions in the document on which you are providing your Personal Data to us.
     
    If you do not agree to the use of your Personal Data for Direct Marketing, you may opt-out from receiving marketing communications from us at any time by following the opt-out instructions found in section “Our Opt-in/Opt-out Policy”. 
     
    2. Your Rights and Choices Under PDPO
     
    The PDPO Hong Kong residents with specific rights regarding their Personal Data. This section describes PDPO rights and explains how to exercise those rights if they apply to you.
     
    3. Exercising PDPO Rights
     To exercise your rights, please submit your request to privacy@magene.com or by using the contact information provided above and we will consider your request in accordance with applicable law. For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Data about you in order to provide our Services or our APPs, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.
     
    We endeavor to respond to a verifiable consumer request within forty (40) days of its receipt consistent with applicable law.
     
    We may charge a reasonable administrative fee to process or respond to your verifiable consumer request. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

    Our Opt-in/Opt-out Policy
    We do not use automated decision-making. By providing an email address on the Apps or Services, you agree that we may contact you in the event of a change in this Privacy Policy, to provide you with any Service related notices, or to provide you with information about our events, invitations, or related marketing materials.
    For purposes of this Privacy Policy, “opt-in” is generally defined as any affirmative action by a User to submit or receive information, as the case may be.
    We currently provide the following opt-out opportunities:
    1. At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from us to unsubscribe from the Service. 
    2. At any time, you can contact us through privacy@magene.com or the address or telephone number provided below to unsubscribe from the Service and opt-out of our right per your consent under the terms of this Privacy Policy to share your Personal Data. 
    Notwithstanding anything else in this Privacy Policy, please note that we always reserve the right to contact you in the event of a change in this Privacy Policy, or to provide you with any Service related notices.

    Third Party Links
    The Apps may contain links to webpages operated by parties other than Magene. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from this or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the User will be subject to upon linking to the third party's website. Magene strongly recommends that each User review the third party's terms and policies.

    International Transfer of Personal Data
    To offer our Services, We may transfer your Personal Data outside the European Economic Area and store in the data centers operated in the US. We may also share your Personal Data with our third party service providers and business partners in order to provide you with all necessary services and functions, therefore, your Personal Data may also be transferred to other countries and regions. The jurisdiction of these facilities worldwide may not implement the same personal data protection standards as in your jurisdiction. However, this does not change any of our commitments to comply with this Privacy Policy and safeguard your Personal Data. We will take all steps necessary to ensure that your Personal Data is treated securely and all transfers will be carried out in accordance with this Privacy Policy and applicable law. We have put in place commercially reasonable technical and organizational procedures to safeguard the cross-border transfers.

    How We Protect Personal Data
    Magene maintains administrative, technical and physical safeguards designed to protect the User's Personal Data and other information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use in compliance with applicable law. For example, we use commercially reasonable security measures such as encryption, firewalls, and 2048-bit Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Data. 
     
    Although we take reasonable steps designed to protect your Personal Data, please be advised that no security system or means of transmitting data over the Internet can be guaranteed to be entirely secure (including without limitation with respect to computer viruses, malicious software and hacker attacks). We cannot and do not guarantee or warrant the security of your Personal Data or any information you disclose or transmit to us. We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. Where required under law, we will notify you of any such loss, misuse or alteration of Personal Data that may affect you so that you can take the appropriate actions.
     
    For your own privacy protection, we urge you to keep all passwords confidential. We also recommend that you do not include sensitive information such as passwords, social security numbers, biometric information or payment information, in any emails that you send to us. If you become aware of any breach of the terms of this Privacy Policy or of the security of the Services, please notify us through the contact methods given at the end of this Privacy Policy.

    Children’s Privacy
    The Apps and Services are not designed or intended to be used by anyone under the age of 16. If you are under the age of 16 (or a minor in the jurisdiction in which you are accessing our Apps or Services), do not use the Services, or make purchases via the Services, use any interactive features of the Services, or post any Personal Data to our Apps or submit any Personal Data via the Services. We do not knowingly or intentionally gather Personal Data about children who are under the age of 16. If a child has provided us with Personal Data, a parent or guardian of that child may contact us to have the data deleted from our records. If you believe that we might have any data from a child under age 16 in the applicable jurisdiction, please contact us at privacy@magene.com. If we learn that we have inadvertently collected the Personal Data of a child under 16, or equivalent minimum age depending on jurisdiction, we will take steps to delete the data as soon as possible and cease the use of that data in accordance with applicable law.

    Changes to this Privacy Policy
    Our Privacy Policy may change from time to time as we develop new products, services, and Apps and improve our current offerings, and as technologies and laws change. We will not reduce your rights under this Privacy Policy without your explicit consent. We will provide notice to you if the changes are significant and, where required by applicable law, we will provide a more prominent notice (including, for certain services or programs, email notification or privacy policy changes) and obtain your consent. 

    How to Contact Us
    If you have any questions, comments or concerns about this Privacy Policy, or if you would like to exercise the choices discussed above, please contact us via the following ways:

    Identity and contact details of the controller:
    Qingdao Magene Intelligence Technology Co., Ltd. 
    Attn: Privacy Policy Inquiry
    Room 302, Building A3, No. 328 Chengkang Road, Xiazhuang Street, Chengyang District, Qingdao City, Shandong Province, China
    privacy@magene.com
    +86 0532-80928696

    Identity and contact details of the controller’s representative:
    Daniel Kluge
    c/o INTARGIA Managementberatung GmbH
    Dreieich Plaza 2A
    63303 Dreieich / Germany
    dsb@intargia.com
    Generally, your question will be answered within one (1) month after we receive it. Our dedicated response team will be able to handle any issues you may have about rights requests or questions about your Personal Data. If you are not satisfied with the response you receive, you may escalate your complaint to the applicable regulatory authority in your jurisdiction.