Local Motors Privacy Policy

LM Industries Group, Inc., and its subsidiaries and affiliated companies (herein, “Local Motors”) recognizes that its customers (e.g. riders of Olli vehicles), visitors, users (e.g., designers, contributors), and others (known collectively or individually as “Users”) who use localmotors.com, lmindustries.com, or other Local Motors’ websites (the “Websites”) or our applications, value their privacy. This “Privacy Policy” applies to all of the products, services, Websites and applications offered by Local Motors, and details important information regarding the use and disclosure of User information collected through the use of our products and services (e.g. the Olli vehicles), on the Websites or via our applications.

Your use of our products, services, Websites and applications and any personal information you provide us with or that we collect otherwise, remains subject to the terms of this Privacy Policy and the Local Motors Terms of Use. Please note that any comment or other content you post on the Website, for example on comment pages, or on the forums, becomes published content and is not considered personally identifiable information or personal information subject to this Privacy Policy unless otherwise determined by local laws in your jurisdiction, including the EU’s General Data Protection Regulation (GDPR). Your messages and other information you make available in public areas of the Websites will be seen by people and organizations not related to or controlled by Local Motors, and may be used by others to contact you.

Local Motors’ Privacy Policy applies only to Websites, products and services that are owned or operated by Local Motors. While other websites may be displayed as links from within Local Motors, those sites are owned and operated by others, and they may have different privacy policies. When linking from Local Motors to other websites, if you have privacy concerns, we urge you to review the privacy policies of those sites.

1. What information is collected?
2. How is your information used, shared and disclosed?
3. What about cookies, logs and web beacons?
4. Local Motors cares about confidentiality, security, and data integrity.
5. You can edit and delete your account information at any time.
6. Are you a California Resident?
7. Are you an international user?
8. Are you a user located in the European Union?
9. What if we change or update this privacy policy?
10. When was this privacy policy last modified?
11. Please contact us.

1. WHAT INFORMATION IS COLLECTED?

Generally, Local Motors does not require that you register in order to view its products, designs, or User comments. Registration is required to use certain features such as posting comments, evaluating submissions, participating in the forums, submitting designs and participating in competitions. Registration may also be required when you use our products, services, (e.g. the Olli vehicles), certain Websites and applications

• Local Motors and our third-party service providers may collect personal information when you register with us, when you visit the websites, when you make a purchase, or any time you provide information to Local Motors about yourself, including, publicly available contact and social information related to you, such as your email address, IP address, gender, company, job title, photos, website URLs, social network handles and physical addresses.
• When you register, to ride the Olli vehicle, we ask for information such as your first name, last name, email address, gender, birth date, location, whether you agree to specific terms and other personal data. Furthermore, we collect video recordings and process whether you are an adult or a child.
• In addition, Local Motors and our third-party service providers may gather or automatically receive and record other information, including personal data on server logs from your browser even if you do not register with Local Motors, for example, your IP address, cookie information, and the pages you visit.
• Local Motors and our third-party service providers may combine information about you that we have with information we obtain from business partners or other companies.

All personal data listed in this paragraph is hereafter referred to as “Personal Information”.
Local Motors is committed to protecting the privacy of children under the age of 13. Local Motors does not knowingly or intentionally collect personal information online from children under the age of 13. If Local Motors learns that personally identifiable information of persons under 13 years of age has been collected on the Website without verified parental consent, then Local Motors will take the appropriate steps to delete this information.

2. HOW IS YOUR INFORMATION USED, SHARED AND DISCLOSED?

Local Motors and our third-party service providers use your Personal Information
 for the following general purposes:

– to customize the advertising and content you see;
– to fulfill your requests for products and services;
– to provide products and services;
– to improve our services;
– to contact you with service and other announcements, administrative messages and for marketing purposes;
– to conduct research;
– to maintain security (particularly with reference to use of the Olli autonomous shuttles);
– for analytics purposes; and
– to provide reporting for internal and external clients.

Local Motors does not rent, sell, or share Personal Information with other people or non-affiliated companies except for the general purposes above, when we have your permission, or under the following circumstances:

• (i) We provide the information to trusted partners such as Amazon Web Services, marketing agencies, payment providers, and third-party technology providers. These trusted partners work on behalf of or with Local Motors under confidentiality agreements. These companies may use your Personal Information to help Local Motors communicate with you about offers from Local Motors and our marketing partners. However, these companies do not have any independent right to share this information.
• (ii) We may share Personal Information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Local Motors, its users or the public as required or permitted by law.
• (iii) We may use your Personal Information and may share it with our third-party service providers and partners, for purposes of understanding the usage patterns for certain content, products, services, advertisements, promotions, and/or functionality on the Websites or applications.
• (iv) We may use your Personal Information and may share it with our third party service providers, to improve the quality and design of the Websites, to communicate with Users (through the Websites, other websites, email, or otherwise), and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User activities, preferences and trends.
• (v) We may share Personal Information in response to subpoenas, court orders, or other forms of legal process, or to establish or exercise our legal rights or defend against legal claims.
• (vi) We may share Personal Information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Local Motors’ Terms of Use, or as otherwise required by law.
• (vii) We may transmit Personal Information if Local Motors is acquired by or merged with another company. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, we may not be able to control how your Personal Information is treated, transferred, or used. Please note that our third-party service providers are owned and operated by others, and they may have different privacy policies, not subject to our control.

Please also keep in mind that any Personal Information, designs, or comments that you voluntarily disclose on certain of our Websites, for example on comment pages, or on the forums, becomes publicly available. Designs submitted towards contests will enable the public to view your submission; moreover, designs submitted towards profile pages will also be viewable by the public. Your account name is displayed to other Users when you send and/or post messages through the Websites.

3. WHAT ABOUT COOKIES, LOGS, AND WEB BEACONS?

Local Motors may set and access Local Motors cookies, third-party cookies and similar technologies on your computer. You may disable these cookies within your browser, but some portions of the Websites may require that your Local Motors cookies be enabled. When you use Local Motors services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser. Local Motors may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our site including offering customized content and advertising. This Privacy Policy applies to websites and services that are owned and operated by Local Motors. We do not exercise control over the sites displayed as search results or links from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Local Motors lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to Local Motors’ cookies.

Overview of cookies placed on Websites

[localmotors.com]

[lmindustries.com]

Local Motors may use web beacons in connection with e-mails sent to Users, to let us know whether and when the email was opened.

4. LOCAL MOTORS CARES ABOUT CONFIDENTIALITY, SECURITY, AND DATA INTEGRITY.

Because Local Motors is committed to preserving the confidentiality, integrity and security of your Personal Information, we have implemented commercially reasonable technical safeguards to help us accomplish the same. We cannot, however, ensure or warrant the confidentiality, integrity or security of any Personal Information, or that Local Motor’s safeguards will prevent the loss or alteration of your Personal Information, that you transmit to Local Motors, and you do so at your own risk. We use commercially reasonable efforts to limit access to Personal Information about you to our employees, contractors, and agents who we believe reasonably need to come into contact with Personal Information to provide products or services to you or in order to do their jobs. Local Motors processes Personal Information only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable service-specific privacy notice. We take reasonable steps to ensure that the Personal Information we process is accurate, complete, and current, but we depend on our users to update or correct their Personal Information whenever necessary. In no event will Local Motors be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Personal Information. Please note that our third party service providers are owned and operated by others, and they may have different safeguards in place to preserve the confidentiality, integrity and security of Personal Information, that are not subject to our control.

5. YOU CAN EDIT AND DELETE YOUR ACCOUNT INFORMATION AT ANY TIME.

We store data for as long as it is necessary to provide products and services to you, including those described above. Information associated with your account will be kept until your account is deleted, Local Motors’ data retention period has lapsed, or unless we no longer need the data to provide products and services. You can review and edit your Local Motors account information at any time by visiting your account profile page. We reserve the right to use and share your Personal Information as provided for herein, but you may opt-out and deactivate and delete your Local Motors account at any time by canceling your account on the account profile page. When you use Local Motors’ services, we make good faith efforts to provide you with access to your Personal Information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests.

6. ARE YOU A CALIFORNIA RESIDENT?

If you are a User accessing the Websites who is a resident of California, effective January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) provides you with certain specific rights. This section describes your CCPA rights and how to exercise those rights after that date.

CCPA Access to Specific Information and Data Portability Rights
You have the right to request that Local Motors disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, 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.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
• sales, identifying the personal information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

CCPA Deletion Request Rights

You have the right to request that Local Motors delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• 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, 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 et. 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.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

CCPA Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at 888-256-2028.
• Emailing us at privacypolicy@local-motors.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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.

Making a verifiable consumer request does not require you to create an account with us.

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

CCPA Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, up to 90 days), 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.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. 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.

CCPA Personal Information Sales Opt-Out and Opt-In Rights
Local Motors does not currently sell nor have plans to sell any personal information.

CCPA 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.

7. ARE YOU AN INTERNATIONAL USER?

If you are a User accessing the Websites from Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Website, which is governed by U.S. law and this Privacy Policy as incorporated in our Terms of Use, you will be transferring your Personal Information into the United States and you consent to that transfer.

8. ARE YOU A USER LOCATED IN THE EUROPEAN UNION?

If you are a User located in the European Union, then this Section 8 applies to you in addition to the remainder of this Privacy Policy. If any terms in this Section 8 conflict with other terms contained in this Privacy Policy, the terms in this Section 8 shall prevail.

Local Motors, Inc., qualifies as a controller under the General Data Protection Regulation (the “GDPR”), to the extent it processes Personal Information of Users located in the European Union and the processing activities are related to the offering of products or services to such Users.

“Personal Information” has the same meaning as “personal data” under article 4 (1) of the GDPR, i.e. any information relating to an identified or identifiable natural person.

We process your Personal Information on the following legal bases:

• Your consent;
• The performance of a contract with you, or in order to enter into a contract with you;
• To comply with a legal obligation that binds Local Motors; and/or
• Local Motors’ or a third party’s legitimate interests, where such interest are not overridden by your interests or fundamental rights and freedoms.

Local Motors will implement appropriate technical and organizational measures to protect your Personal Information. Local Motors shall be exempt from any liability for the damage caused by the breach of security leading to the destruction, the loss, alteration, unauthorized disclosure of, or access to your Personal Information, if Local Motors proves that it is not responsible for the event giving rise to the damage.

You have the following rights with regard to your Personal Information:

• to access your Personal Information;
• to rectify inaccurate Personal Information;
• to erasure of your Personal Information;
• to restrict processing of your Personal Information;
• to receive your Personal Information in a structured, commonly used and machine-readable format and to transmit that data to another controller (‘data portability’);
• to object to processing of your Personal Information;
• to withdraw your consent at any time, where our processing of your Personal Information is based on consent;

These rights are not absolute; they apply under specific circumstances and are subject to restrictions.

If you wish to exercise one of the rights mentioned above or if you have questions, please contact our data protection officer via privacypolicy@local-motors.com or +1 480-360-2521. Our representative for official privacy inquiries only in the EU can be reached via lmeu@local-motors.com or +393926655212.

To the extent we transfer your Personal Information to processors or third parties in non-adequate third countries outside of the European Union, we will ensure that such transfer is subject to one of the transfer mechanisms provided for in the GDPR. Unless specifically provided under contract or other agreement, a European Union resident’s Personal Information will be stored and processed in the European Union. While no longer a member of the EU-US and Swiss-US Privacy Shield framework, Local Motors will generally continue to operate under that framework in order to protect your Personal Information, details of which may be viewed here.

9. WHAT IF WE CHANGE OR UPDATE THIS PRIVACY POLICY?

Local Motors may update this Privacy Policy at any time in its sole discretion and without prior notice. We will strive to notify you about significant changes in the way we treat Personal Information by sending a notice to the primary email address specified in your Local Motors account and/or by placing a notice on the Website. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). Each version of this Privacy Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.

10. WHEN WAS THIS PRIVACY POLICY LAST MODIFIED?

This Privacy Policy was last modified March 15, 2021.

11. PLEASE CONTACT US!

Please feel free to direct any questions or concerns regarding this Privacy Policy, including Local Motors’ treatment of Personal Information or Local Motors’ third-party service providers, by contacting us through this web site or by writing to us at: privacypolicy@local-motors.com.