This Privacy Policy describes Quintessential Design, Inc ("Quin", "we", "our", or "us") . policies and procedures on the collection, use and disclosure of your information while using the FLY Smart Mobile Application. When using any of our Services you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. The General Data Protection Regulation (EU) 2016/679 (GDPR) is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA). It also addresses the transfer of personal data outside the EU and EEA areas. The GDPR aims primarily to give control to individuals over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU.[1] Superseding the Data Protection Directive 95/46/EC, the regulation contains provisions and requirements related to the processing of personal data of individuals. The General Data Protection Regulation (EU) 2016/679 (GDPR) is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA). It also addresses the transfer of personal data outside the EU and EEA areas.

INFORMATION COLLECTED

When you create an account, you provide some personal information, such as your name, email address, and phone number. You may provide us with additional information and content while using our Services that contain your personal information, such as your location or a picture. Some of this information, such as your name and username, is listed publicly on our Services, including on your profile page and in search results. For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to Name, Phone Number, Email Address, GPS location, Helmet Information, Contacts, Profile picture. The information that we request will be retained by us and used as described in this privacy policy.

Location Data. We collect your location information through your device IP address, WiFi, Bluetooth, and GPS coordinates (e.g., latitude/longitude) available through your mobile device. We may also gather information about your location using other technologies and sensors which may provide us with information about nearby devices, WiFi access points and networks, and nearby cell towers. We collect and maintain location data to provide you the features and functionality of our Services. If you want to opt-out of the collection of your location data, please adjust your settings in your mobile device to limit the app’s access to your location data.

Riding Event Data. We collect motion data from your smartphone or mobile device, including information from the gyroscope, accelerometer, compass and Bluetooth, and combine it with the data from our sensors in the helmet, in order to calculate and detect riding events such as speeding, hard braking, crash detection and other events. Your mobile device provider may refer to this information as “Motion and Fitness” data (description may vary according to device and platform). If you want to opt-out of the collection of this data, please adjust your settings in your mobile device to limit the app’s access to your motion data.

The app may use third party services that may collect information used to identify you and provide life saving core functionalities such as emergency dispatch services, provided that the user has consented to sharing information.

USE OF PERSONAL DATA

We may use your personal data:

To monitor and analyse use of the Services, for the technical administration of the Services, and to increase functionality and user-friendliness, and to better tailor our Services, to the needs of FLY Smart Users;
To manage your Account, including to communicate with you regarding your Account;
To evaluate and improve your riding experience by providing insights and tips;
To help you maintain your helmet;
To offer you opportunities and promotions that would be of benefit to you
To respond to your comments and questions and to provide customerservice
To send information including technical notices, updates, security alerts, and support and administrative messages;
To maintain internal research and other marketing purposes, including e- mailing you with special promotions, other programs of interest and other news, including information about products and services offered by us and our affiliates, provided you have opted-in
To receive such information. If the information is sent as part of a website evaluation, FLY Smart may also use the information to contact you about your comments
To prevent fraud or misuse
To help protect the safety of other Users
To comply with legal requirements
For related legitimate purposes as permitted by applicable law;
As described in the “Sharing of Personal Data”section below.

SHARING OF PERSONAL DATA

QUIN and FLY Smart will only share your personal information with third parties:

with your consent;
If QUIN and FLY Smart determines that it is required to do so by law; such as in response to a court order or subpoena;
If QUIN and FLYSMART finds that you are in breach of its terms and conditions or any of its policies or usage guidelines for specific products or services;
if it is necessary in QUIN and FLY Smart’s opinion to do so to prevent, investigate, detect or prosecute criminal offences or attacks on the technical integrity of the Site or QUIN network;
if it is necessary in QUIN and FLY Smart’s opinion to do so to protect the rights, property, or safety of FLY and/ or Quin or its employees, QUIN and FLY Smart Users, or the public;
if it is necessary to fulfil your product or service order. QUIN uses a credit card processing company to process your credit card information as required for your order and to ensure that your transaction is secure. This processing company does not retain, share, store or use your personally identifiable information for any other purposes;
who provide services such as data analysis payment processing, information technology and related infrastructure provision, customer service, email delivery, auditing and for other similar legitimate purposes permitted by applicable law;
Certain personal information may be shared with third-party partners that provide certain features and services you may use in connection with our Service. For example, depending on the features of the Service you have enabled, we provide your personal information and location data to emergency responders in the event we detect a crash. We also share personal information with third party partners that provide services and features available through our paid subscriptions, such as Emergency Dispatch services. The third parties that provide such premium service features may ask you for additional information in order to provide the full range of services to you. Any information provided to these third parties will be governed by that third party’s own privacy policy."
such as third party advertisers and advertising networks that require the data to select and serve relevant adverts to you and others; or
when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.

COOKIES

We use "cookies" to make the FLY Smart app easier to use and to help improve our Services. A cookie is used by many websites and is a small data file stored for a period of time on your computer. Cookies help us to understand how you interact with the FLY Smart app and are also used to store your username (but never your password) to make it easier for you to login whenever you come back to the FLY Smart app.

LOG DATA

Our servers automatically record information created by your use of our Services, such as your IP address, browser type, pages visited, interactions with advertisements and search terms. We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.

GEOLOCATION INFORMATION, BIOMETRICS AND RIDER BEHAVIOR INFORMATION

Certain Data Collection Tools and Services may be used by FLY Smart to collect geolocation information, biometrics, and driver behavior information.

Geolocation information means the exact location of your vehicle over a period of time. Under certain circumstances, your device may send an electronic signal through the app with your latitude and longitude at a particular point in time to FLY Smart and/or your selected emergency contacts and/or extended FLY Smart community. If permitted, your geolocation information may be used to provide you with content and services that rely on or relate to your vehicle’s location that may be of interest to you.
Biometrics means information about your physical or biological characteristics that serves to identify you as a FLY Smart User.
Rider behavior information may include vehiclespeed, vehicleacceleration and deceleration, engine speed, direction of travel, time of travel, and steering angle, and may include information that may be used for safety, warranty, maintenance, or compliance purposes, or to verify claims for exchanges.

FLY Smart will only collect, maintain, use, and disclose geolocation information, biometrics, and rider behavior information as stated in this Privacy Policy, and certain uses and disclosures of geolocation information, biometrics, and driver behavior information will require your separate, express consent, either by affirmative statement or your enablement of certain vehicle functions through the Service or app.

EXTERNAL LINKS

When you click on a link on the FLY Smart app, you may be redirected to one of our partners’ websites. These partners may use this information according to their own privacy policies which will be clearly linked in an updated privacy policy, once these features are introduced.

THIRD PARTY SERVICES AND PROVIDERS

We use a variety of services hosted by third parties and engage certain third party service providers to help provide our Services. These services may collect information sent by your browser as part of a web page request, such as cookies or your IP request and we may share your personal information with these service providers, but only to the extent necessary to perform their services.

VIEWING AND EDITING YOUR PROFILE

You can manage your profile at any time by clicking your profile image on the main page at the top right. You may modify your account information, update or amend your personal information, or change your password at any time by logging in to your account. If you have any questions about reviewing or modifying your account information, you can contact us directly at hello@quin.design.

USERS' RIGHTS IN RESPECT OF THEIR PERSONAL INFORMATION

In accordance with applicable privacy law, you have the following rights in of your personal information that we hold:

Right of access. You have the right to obtain

confirmation of whether, and where, we are processing your personal information
information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods
information about the categories of recipients with whom we may share your personal information;
a copy of the personal information we hold about you

Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.
Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.
Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.
Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.
Right to object. You have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.

If you wish to exercise one of these rights, please contact us using the contact details at the end of this privacy policy. You may also review and edit your contact and profile information by logging into your account on the app, and opt out of certain processing activities by updating your preferences in the Settings Menu. Please note that we may not be able to provide some functionalities of our Services to you if you opt-out of the collection and/or sharing of motion data or driving event data. You also have the right to lodge a complaint to your national data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

We are providing this supplemental privacy notice to consumers in California, pursuant to the California Consumer Privacy Act of 2018 (the “CCPA”). We do not sell Personal Data. As we explain in this Privacy Policy, we use Cookies and other tracking technologies to analyze website and application traffic and use, and to facilitate advertising. To limit use of Cookies and other tracking technologies, please review the instructions provided in the “Online tracking opt- outs” section. You may also direct us to share your data, as described in the “How You Share Personal Data” section of the Privacy Policy.

California Privacy Rights. If you are a California resident, you have the following rights:

Information: The Privacy Policy describes the types of Personal Data we collect in the “Personal Data We Collect” section above and the sources through which we collect Personal Data in the “How We Collect Personal Data” section above. We describe the purposes for which we use and share this data in the “How We Use Personal Data” section below and the “How We Share Personal Data” section below.
Access: You can request a copy of the personal information that we maintain about you.
Deletion: You can ask to delete the personal information that we have collected from you.
Opt-out of sale of your Personal Data: We do not sell Personal Data. We offer instructions on how to limit online tracking in the “Online tracking opt-outs” section of the Privacy Policy.

Please note that the CCPA limits these rights by, for example, prohibiting businesses from providing certain sensitive information in response to an access request and limiting the circumstances in which they must comply with a deletion request.

You are entitled to exercise the rights described above free from discrimination.

Exercising your rights. To exercise these rights, you can submit requests as follows

To request access to or deletion of Personal Data collected via your use of the Services, please email us at help@quin.design.
To learn how to opt-out of interest-based ads and other online tracking, see the “Online tracking opt-outs” section of the Privacy Policy.
To verify your identity prior to responding to your requests,we may ask you to confirm information that we have on file about you or your interactions with us. Where we ask for additional Personal Data to verify your identity, we will only use it to verify your identity or your authority to make the request on behalf of another consumer.
Authorized agents: California residents can empower an “authorized agent” to submit requests on the resident’s behalf. Your authorized agent may submit requests in the same manner, although we may require the agent to present signed written permission to act on your behalf, and you may also be required to independently verify your identity with us and confirm that you have provided the agent permission to submit the request.

PRIVACY NOTICE FOR EUROPEAN RESIDENTS

If you are a resident of the European Economic Area, the United Kingdom, or Switzerland (collectively, “Europe”), you may have additional rights under the General Data Protection Regulation (the “GDPR”) or other European data protection legislation.

Controller and European Representatives. QUIN DESIGN, Inc. will be the controller of your Personal Data processed in connection with the Services. Our contact information is as follows:

Quintessential Design INC.
Attn: Data Protection Officer
1729 Irving Blvd, Suite 103
Dallas, TX 75207

privacy@quintessential.design

Our EU and UK representative is:

Attn: Conrad Lewis.
16 Great Queen Street, Covent Garden,
London, WC2B
5AH, United Kingdom

Legal bases for processing. The “How We Use Personal Data” section above explains how we use your Personal Data. We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others but will depend on the type of Personal Data and the specific context in which we process it. However, the legal bases we typically rely on for each category of processing activity are set out below.

Service delivery: Processing is necessary to perform our contract, or to take steps that you request prior to engaging our Services. Where we cannot process your Personal Data as required to operate the Services on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interest in providing you with the products or Services you access and request.
Research and development: These activities constitute our legitimate interests.
Marketing and advertising: Processing is based on your consent where that consent is required by applicable law. Where such consent is not required by applicable law, we process your personal information for these purposes based on our legitimate interests in promoting our business.
Compliance and protection: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
Consent: To the extent that Wellness Data that we collect is considered health data or another special category of Personal Data subject to the GDPR, we ask for your explicit consent to process this data. You can use your account settings and tools to withdraw your consent at any time, including by unpairing your WHOOP Strap, stopping use of a feature, removing our access to a Third- Party service, or deleting your data or your account. In addition, in some cases, such as when you direct us to share it, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, you have the right to withdraw it any time in the manner indicated at the time you give consent or in as listed in our Services.

We may use your Personal Data for reasons not described in this Privacy Policy where permitted by law and where the reason is compatible with the purpose for which we collected it. If we need to use your Personal Data for an unrelated purpose, we will notify you and explain the applicable legal basis.

Retention. To determine the appropriate retention period for your Personal Data, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Data subject rights. You have certain rights with respect to your Personal Data, including:

Access. You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by logging into your account.
Rectification.If you believe that any PersonalData we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging into your account.
Erasure .You can request that we erase some or all of your Personal Data from our systems.
Withdrawal of consent . If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by- case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
Portability . You can ask for a copy of your Personal Data in a machine- readable format. You can also request that we transmit the data to another controller where technically feasible.
Objection . You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
Restrictionofprocessing :You can ask us to restrict further process in go of your Personal Data.
Right to file complaint . You have the right to lodge a complaint about our practices with respect to your Personal Data with the supervisory authority of your country or European Economic Area Member State

For more information about these rights, or to submit a request, please email hello@quin.design. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

Processing of Personal Data in the United States. To provide the Services, we will process your Personal Data in the United States, where QUIN is based. If such processing involves the transfer of Personal Data to the U.S. in a manner governed by European data protection law, the transfer will be performed pursuant to the applicable requirements of the law, such as standard contractual clauses, the individual’s consent, or other circumstances permitted by European data protection law.

CLOSE YOUR ACCOUNT OR DELETE PERSONAL INFORMATION

We retain your information for as long as your account is active or as reasonably necessary to maintain the Service, meet legal and accounting obligations, and for the other purposes described in this Privacy Policy. If you wish to close your account, and/or request to delete your personal information, please contact us at hello@quin.design. When account information is deleted or de-identified, certain residual information may remain within our archive records, such as for customer and technical support, billing and tax purposes.

INFORMATION SHARING

We do not disclose your private information except in the limited circumstances outlined in this Privacy Policy.

LAW AND HARM

We may disclose your information if we believe that it is necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Fly Racing and/or Quin Design's rights or property.

BUSINESS TRANSFERS

In the event that FLY and/or Quin Design is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The rights outlined in the Privacy Policy will continue to apply to your information as transferred to the new entity.

NON-PRIVATE OR NON-PERSONAL INFORMATION

We may disclose your non-private, aggregated or otherwise non-personal information.

CHILDREN UNDER 13

Our Services are not directed to people under the age of 13. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under age 13, we take steps to remove such information as quickly as possible. If you believe that we may have any information from a child under 13, please contact us at hello@quin.design.

NOTICE TO RESIDENTS OF THE EUROPEAN ECONOMIC AREA

In accordance with applicable laws, you may have the right to request access to, rectification, and erasure of your personal information; restriction of processing of personal information; objecting to certain processing of personal information; and the right to data portability. Where any processing of personal information is solely dependent upon your consent, you have the right to withdraw such consent at any time (For example, we suggest by using the unsubscribe link contained in an applicable marketing message or emailing us at the contact details below). Where you believe that we have not processed your personal information in accordance with applicable laws, you may lodge a complaint with the respective supervisory authority or data protection regulator. The provision of personal information by you will be for contractual, marketing, analytical purposes, or other purposes as referred to in this Privacy Policy.

To exercise your rights under these provisions, please contact us at the contact details below. When we receive your request, we may ask you to verify your identity before we can act on your request. We may withhold information where we are required by law to do so or if the search for that information would require disproportionate effort or have a disproportionate effect to, for example, the cost of providing the information, the time it would take to retrieve the data, or how difficult it may be to obtain the information requested.

CHANGES TO THIS POLICY

We may revise this Privacy Policy from time to time. The most current version of the Policy will govern our use of your information and will always be at our Privacy page. If we make a change to this Policy that, in our sole discretion, is material, we will notify you by email to the email address associated with your account at that time. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy. If you have any questions or comments about this Privacy Policy, please contact us at hello@quin.design.

Annexure 1: Personal Information we collect

Category of Personal Information	How we may use it	Legal Basis for processing
Contact Information such as your phone number and email address	We may use this information for account authentication.	The processing is necessary for performance of a contract and to take steps prior to entering into a contract.
	We may use this information to deal with enquiries and complaints made by or about you relating to the Service	The processing is necessary for our legitimate interests,namely administering the service and for communicating with you effectively to respond to your queries for complaints.
	We may use this information to communicate with you, including sending you service-related communications	The processing is necessary for the performance of a contract and to take steps prior to entering into a contract.
	We may use this information to send you unsolicited marketing communications in accordance with your preferences.	We will only use your personal information in this way to the extent you have given us consent to do so.
Profile information, such as your username profile picture, date of birth, gender and other users in your network	We may use this information to operate, maintain and provide to you the features and functionality of the Service.	The processing is necessary for the performance of a contract and to take steps prior to entering into a contract
Information about your precise location In order to use certain functionalities of the Service, we will ask you to provide your precise location, altitude heading and speed.	We may use this information to provide you the functionalities of the Service	The processing is necessary for the performance of a contract and to take steps prior to entering into a contract it
Information about your motion activity. When you use certain functionalities of our Service. we may need to collect information related to your motion. We may also collect information about your speed. acceleration and deceleration.	We may use this information to provide you certain functionalities of the Service. such as determining your motion and whether you have been in an accident	The processing is necessary for the performance of a contract and to take steps prior to entering into a contract the development of predictive
Information about your subscription to our Service, such as your subscription level, the date and time that you activated your account, the duration of our subscription, the dtae you unsubscibe, and in- app purchases.	We use this information to operate, maintain and provide to you the features and functionality of the Service.	The processing is necessary for the performance of a contract and to take steps prior to entering into a contract.
Payment and transaction information. such as your credit card. payment authentication code. billing address. and other information such as date and time of your transaction.	We use this information to process your purchases through our Service.	The processing Is necessary for the performance of a contract and to take steps prior to entering into a contract.
	We may use this information to detect and prevent fraud.	The processing is necessary for our legitimate interests. namely the detection and prevention of fraud.
Your preferences. such as preferences set for notifications, marketing communications, how our Service is displayed and the active functionalities on our service.	We use this information to provide notifications, send news, alerts and marketing communications and provide our services in accordance with your choices.	The processing is necessary for our legitimate interest namely ensuring the user receives the correct marketing and other communications.
All personal information set out above.	We will use all the personal information we collect to operate, maintain and provide to you the features and functionality of the service, to communicate with you, to monitor and improve our service and business and to help us to develop new products and services.	The processing is necessary for our legitimate interests namely to administer and improve the service.
operating systems. browsers and Applications connected to our Service through the device your Internet service provider Or mobile network your IP address. and your devices telephone number (if it has one)	may be of interest to you for marketing purposes.
	We may use this information to monitor and improve our service and business, resolve issues and to inform the development of new products and services.provide you with certain functionalities of the services.	The processing is necessary for our legitimate interests, namely to monitor and resolve issues with our service and to improve our service generally.
Information about your current device state, such as the remaining battery charge on your device and whether it is connected to wifi.	We may use this information to provide you with certain functionalities of the services.	The processing is necessary for the performance of a contract or to take steps prior to entering into a contract.
Approximate location information. Other than information you choose to provide to us, we do not collect information about your precise location. Your device's IP address may help us determine an approximate location.	We may use an Approximate location to inform and plan our marketing strategy.	The processing is necessary for Our legitimate interest. namely informing our diced marketing strategy.

Dated : April 01, 2023
© 2023 Quintessential Design Inc.
Quin Design, the Quin Design logo, and QProtect are trademarks of Quintessential Design Inc.
FLY Racing, the FLY Racing Logo are trademarks of Western Power Sports.
All rights reserved.