PRIVACY POLICY

ARCH Motorcycle Company, LLC respects your privacy and is committed to protecting your personal data.

We take reasonable precautions to protect your information. Please keep in mind that the Internet is not a 100% secure medium for communication, and we cannot guarantee that the information collected about you when using the online services will always remain private. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us.

We ask that you read this Privacy Policy carefully as it contains important information on who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information and details on how to contact us in the event you have a complaint.

We may change this Privacy Policy from time-to-time. We will tell you when this notice was last updated, so you may take the time to read it if it has changed since your last visit.

This Privacy Policy was last updated on 13th January, 2021.

WHO WE ARE

This Policy is for and on behalf of ARCH Motorcycle Company, LLC (or “ARCH”).

ARCH is the controller responsible for www.archmotorcycle.com (the “Site”), as well as related web sites and for collecting or processing your personal data as detailed in this policy (collectively, together with the Site, our “online services”).

If you have any questions about this privacy, including any requests to exercise your legal rights, please contact ARCH using the details set out below.

CONTACT DETAILS

If you have any questions about ARCH’s Privacy Policy, please contact us at: Email address: dataprotection@archmotorcycle.com

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1. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (“anonymous data”).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, last name, title, date of birth, and driver’s license information (where applicable).
• Contact Data includes email address, postal address and telephone numbers.
• Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Profile Data includes your interests and preferences.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

2. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

• Direct interactions: You may give us your Identity and Contact data by filling in forms on our website or visiting our stand at an event or by corresponding with us by post, phone, email or otherwise. This may also include personal data you provide when you: apply for our products or services; request marketing to be sent to you; give us some feedback.
• Automated technologies or interactions: As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.
• ARCH Distributors: Where you deal with one of our distributors, including where you purchase ARCH products or services, make an inquiry, complaint or request or make a claim (such as a warranty claim), that distributor will pass your personal data onto us. We will then process your personal data in accordance with this Privacy Policy.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

3. CALIFORNIA RESIDENTS

California resident privacy notice

This California Resident Privacy Notice supplements the information and disclosures contained in our Privacy Policy. It applies to individuals residing in California from whom we collect personal information as a business under California law.

Your California privacy right

If you are a California resident, you may exercise the following rights.

• Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of personal information collected or disclosed by us; (2) purposes for which categories of personal information are collected; (3) categories of sources from which we collect personal information; (4) categories of third parties with whom we disclosed personal information; and (5) specific pieces of personal information we have collected about you.
• Right to Delete. Subject to certain exceptions, you may submit a verifiable request that we delete personal information about you that we have collected from you.
• Verification. Requests for access to or deletion of personal information are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To verify your access or deletion request, please provide us with your current name, email address, and phone number in your request and we will reach out to you to obtain additional information, if necessary.
• Right to Equal Service and Price. You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations.
• Right to Request. You may request information once per calendar year about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us through email provided below.
• Submit Requests To exercise your rights under the CCPA, please email dataprotection@archmotorcycle.com.

4. HOW WE USE YOUR PERSONAL DATA

We collect, use, and disclose your personal information in accordance with the specific business and commercial purposes below:

• To provide you with product information or services you have requested.
• To understand service and website use.
• To help improve our services and products using your feedback.
• If you have provided us with your consent (e.g., opt-ins through email, SMS / MMS, direct mail, etc), we will store your data and communicate ARCH marketing messages to you.
• To personalize your visit to our online services.
• To contact you about market or product research.
• To process your job application.
• To facilitate a transaction or payment.
• To de-identify and aggregate information collected through our online services and using it for any lawful purpose.
• We may use your data for marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable, or otherwise of interest to you.
• We may ask you to complete a satisfaction survey when you buy a product or service from us.
• When you purchase a motorcycle we may pass your details to a third party so additional services can be offered to you, such as extended warranties and insurance offers (please see ‘who we share your personal information with’ below).
• We may also publish articles with information collected about you. This will only happen where you have sent us the information yourself or you have consented to its use.

5. PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, 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.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

Purpose/Activity	Type of Data	Notes
To receive and respond to inquiries from you.	Identity, Contact	Lawful basis for processing including basis of legitimate interest: Performance of a contract with you
To receive and process job applications.	Identity, Contact	Lawful basis for processing including basis of legitimate interest: Necessary for our legitimate interests (for running our recruitment process)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).	Identity, Contact, Technical	Lawful basis for processing including basis of legitimate interest: (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.	Identity, Contact, Profile, Usage, Marketing and Communications, Technical	Lawful basis for processing including basis of legitimate interest: Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences.	Technical, Usage	Lawful basis for processing including basis of legitimate interest: Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you.	Identity, Contact, Technical, Usage, Profile	Lawful basis for processing including basis of legitimate interest: Necessary for our legitimate interests (to develop our products/services and grow our business)

6. WHO WE SHARE YOUR INFORMATION WITH:

We may share your information with the following third parties:

• Those third parties who need to handle it so we can deliver the products you have ordered from us (e.g., motorcycle, apparel, etc);
• Marketing agencies / advertising partners to carry out marketing activities on our behalf; ● Event companies who manage and run events on our behalf;
• Research agencies to carry out research on our behalf;
• Data processors who we appoint to carry out work on our behalf
• Motorcycle service providers (such as insurers, warranty providers and roadside assistance companies) to provide you with the services you have purchased/requested; or,
• Our authorized distributors

We do not allow other companies to collect your personally identifiable data through our online services unless it is needed to provide a product/service you have requested.

We will share personal information with law enforcement or other authorities if required by applicable law.

Cookies and Similar Technologies. When you use the online services, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies to automatically collect certain information. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the online services. When you use the online services, we may also automatically collect certain information from your device by using similar technologies, including “clear gifs” or “web beacons.” Please review your web browser “Help” file to learn the proper way to modify your settings with regard to such automated data collection. Please note that if you delete, or choose not to accept, such technologies from the online services, you may not be able to utilize the features of the online services to their fullest potential.

The automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the online services, the pages or other content you view or otherwise interact with on the online services, and the dates and times that you visit, access, or use the online services. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users.

We use this information to assess how many users access or use our online services, how they interact with our online services, which content, products, and features of our online services most interest or are of most value to our users, what types of offers and incentives our customers respond to, and how our online services perform from a technical point of view.

• Non-essential cookies. We use these cookies for online marketing purposes, the website works without them but we can’t improve our website performance and / or online marketing effectiveness without them. These cookies can be disabled if you don’t want to use them.
• Google Analytics. We work with Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the website and report on activities and trends. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
• Third Party Web Beacons and Third Party Buttons. We may also implement third-party content or advertising on the online services that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the online services. Additionally, we may implement third party buttons (such as “like” or “share” buttons) that may allow third parties to collect information about you through such third parties’ browser cookies, even when you do not interact with the button. Information collected through web beacons and buttons is collected directly by these third parties, and Arch does not participate in that data transmission. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.
• Visibility Statistics. We use Visibility Statistics to analyze how users interact with our online services and the content found within it. Mouse movements, mouse clicks, page scrolling and text entered into search boxes and website forms may be recorded for statistical reporting purposes and to improve site usability. The data compiled is for internal use only.

7. CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

8. CHILDREN’S PRIVACY

Protecting the privacy of young children is especially important. Our online services is not directed to children under the age of 16, and we do not knowingly collect personal information from children under the age of 16 without obtaining parental consent. If you are under 16 years of age, please do not use or access the online services at any time or in any manner. If we learn that personal information has been collected on the online services from persons under 16 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 16 years of age has obtained an account on the online services, then you may alert us at dataprotection@archmotorcycle.com and request that we delete that child’s personal information from our systems.

9. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

10.DATA RETENTION

We will hold your name, address, contact details and VIN number(s) for the lifetime of the bike you have purchased, or until such time as you inform us of a change of ownership. We may also keep it to comply with our legal obligations, respond to queries and resolve any disputes, to meet our legitimate interests.

Your contact details used for marketing will be kept until you inform us that you no longer wish to receive such information from us.

In some circumstances you can ask us to delete your data: see Your Rights below for further information. Even if we delete your personal information it may persist on encrypted backup or archival media for legal, tax or regulatory purposes.

In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

11.YOUR RIGHTS AND CHOICES

Under certain circumstances, you have rights under the data protection laws in connection with your personal information. These are the following:

• Right of access to your personal data;
• Right to request correction of your personal data;
• Right of erasure of your personal data;
• Right to object to the processing of your personal data;
• Right to request the restriction of processing of your personal data; and
• Right to request transfer of your personal data (data portability).

If you would like to exercise any of those rights, then please contact us using the Contact Details above.

Let us have enough information to identify you, provide us with proof of your identity and address and let us know what information your request relates to. We will respond to you within one month of the request.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

If at any point you believe that the information that we hold on you is incorrect, you can request to see this information and even have it corrected or deleted. Please address any queries or complaints to us directly.

Where applicable, you have the right to make a complaint to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).

If you would like to unsubscribe from any email newsletter, service emails or marketing you can also use the ‘unsubscribe’ option at the bottom of our email marketing communications to you. It can take up to seven business days for us to remove you from our mailing lists.

Your duty to inform us of changes. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third party links. This website may include links to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.