Privacy policy

Introduction

• The information that we gather from you,
• How we use and share this information,
• The rights and choices you have regarding this information,
• The steps we take to protect this information,
• The information gathered by third-party services,
• How we transfer your information,
• How we may change this Policy, and
• How you may contact us.

Information We Collect

• Account information. When you create a Beyond Power account, you may provide us with information that includes your user ID, email address (or phone number, based on the country located), password or other information for account verification. You might choose to provide us with additional information — like gender, birthday, professional information and other information on your profile page.
• Contact information. When you place an order with Beyond Power, or contact us for customer service, you may provide us with your contact information including your name, alias, email address, shipping address, billing address and phone number(s).
• Payment information. When you place an order with Beyond Power or engage in financial transactions by using Beyond Power Products and Services, you may provide us with your payment information such as your bank account, credit card number, or debit card number.
• Photos and Videos. Beyond Power does not automatically collect your photo or video without your consent and affirmative actions. When you choose to upload your photos, videos or other content using Beyond Power Products and Services, including text content relating thereto, we may collect and store such content. If such content contains information about others, you should obtain any required or appropriate consent from such persons and inform them about this Policy prior to uploading such content to Beyond Power.
• Communications. When you contact us, we may collect certain information for communication purposes, including your contact information, and the time, topic, and content of your communications.
• Third-party information. When you choose to connect your Beyond Power account to third-party devices, such as heart rate monitors, wearable technology, and fitness accessories, or third-party services, such as social media networks, we will have access to certain information from those third-party devices and services, such as your heart rate data or social media profile photos, usernames and friend lists and any other information that you make accessible to us, in accordance with your settings on those third party devices and services.
• Device-Related. When you activate Beyond Power products, request for after-sales service, unlock the geofencing features or upgrade the firmware, you may provide us with information about your Beyond Power device, including model and serial number. Our after-sales team may ask for your device data to provide the service you requested.
• Health information. In connection with your use of Beyond Power fitness features, Beyond Power may collect or infer the following categories of health and fitness data: heart rate, exercise intensity, caloric expenditure, muscle strength output, workout frequency, and inferred fitness level (collectively, "Health Data"). Because Beyond+ is the dedicated control and tracking application for Beyond Power fitness equipment, the collection and processing of Health Data is essential to delivering the core service you have requested. We process your Health Data on the basis of your explicit consent, which you provide separately at the time of account creation. This consent is required to use Beyond+ features. We will not use your Health Data for advertising purposes or share it with third parties for their independent marketing use.
• Technical Information. When you visit our webpage or use our mobile applications, you may provide us with technical information about the device running the browser or the application. Such information includes your IP address or device address, web browser and/or device type, the web pages or sites that you visit just before or just after you use a Product or Service, hardware version, and operating system. We also may use these technologies to collect information regarding your interaction with Beyond Power email messages, such as whether you opened, clicked on, or forwarded a message.
• Cookies. We use cookies and other similar technologies (e.g. pixels etc.) on Beyond Power websites and online services. To learn more about cookies, please see our Cookie Policy.

How We Use Information

• To operate and provide features of the Beyond Power Products and Services, to verify and manage Beyond Power user accounts, to provide services and information that you request, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time by Beyond Power. We will process your personal data in accordance with this Policy and any of your preferences, which are expressed via Beyond Power Products and Services, including the Beyond+ App.
• To maintain and enhance Beyond Power Products and Services, to analyze the information you provide to us, to personalize the content you receive and provide you with tailored content that will be of interest to you.
• To understand and analyze the usage trends and preferences, to improve the Beyond Power Products and Services, and to develop new products, services, features, and functionality.
• To contact you for administrative and informational purposes, including for customer service. We may send direct marketing such as communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with.
• If you are an individual or consumer we will only send you direct marketing with your consent or as permitted by applicable law. You may send unsubscribe requests or withdraw your consent at any time. Please visit the section Your Rights and Choices Regarding Collected Information to find out more.
• To detect, prevent, and respond to fraud, abuse, security risks, and technical issues that could harm our users, us, or the public.
• For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

• You have consented to the use of your information, for example to send you marketing communications.
• We need to use your information to enter into or perform a contract with you, for example to deliver Beyond Power products or provide you with the customer support and other after-sales services.
• We need to use your information to comply with a legal obligation, for example to comply with a court order, subpoena, or warrant.
• We or a third party have a legitimate interest in using your information. In particular, we have a legitimate interest in using your information to understand and improve our Beyond Power Products and Services, and to monitor for and prevent fraud. We only rely on our own or a third party’s legitimate interests to process your information when these interests are not overridden by your rights and interests.

How We Share

• We may share your information with our parent company, affiliates and subsidiaries globally when permitted by law, and necessary to provide you with Beyond Power Products and Services.
• Any information that you voluntarily choose to make publicly available by uploading it to a publicly accessible site or venue using Beyond Power Products and Services (including sharing information on Beyond Power’s online community forum, the “Beyond Power Forum”), or that you otherwise elect to make public, will be available to anyone who has access to that content, including other users.
• We work with third party service providers to provide payment facilitation, parcel transportation, application development, traffic monitoring or analysis, electronic messaging, and other services for us. We require these service providers to use or disclose the information they process on our behalf, only as necessary to perform services on our behalf or comply with legal requirements.
• We may preserve and disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a court order, judicial or other government subpoena, warrant or enforceable request.
• We also reserve the right to preserve and disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activities, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Beyond Power Products and Services and any facilities or equipment used to make the Beyond Power Products and Services available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
• Information about our users, including information you provided and any information collected through Beyond Power Products and Services, may be disclosed and otherwise communicated to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
• We may make certain aggregated, de-identified, or non-identifying information about users of Beyond Power Products and Services available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; (iii) product safety analysis; or (iv) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality of Beyond Power Products and Services.

Your Rights and Choices

• Right to Access – request access to the personal information we hold about you.
• Right to Correct – request correction of inaccurate or incomplete personal information.
• Right to Delete – request deletion of your personal information, subject to applicable legal exceptions.
• Right to Data Portability – receive your personal information in a structured, commonly used and machine-readable format where applicable.
• Right to Withdraw Consent – withdraw your consent where processing is based on consent.
• Right to Object or Restrict Processing – object to or request restriction of certain processing activities where permitted by law.
• Right to Opt Out – opt out of certain processing activities, including targeted advertising or the sale or sharing of personal information where applicable.
• Right to Lodge a Complaint – lodge a complaint with the competent supervisory authority or regulator where permitted by applicable law.

Children’s Privacy

International Transfers of Personal Data

Transfers from the European Economic Area (EEA)

Transfers from the United Kingdom

Transfers from Brazil

Transfers from Other Jurisdictions

Data Security and Retention

• Security Measures. We implement appropriate physical, administrative, and technical safeguards designed to protect the integrity and security of the personal information we collect and maintain. Please be aware that no security measures are perfect or impenetrable and thus we cannot and do not guarantee that your information will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or organizational safeguards.
• Data Retention. We retain your personal information for as long as necessary to fulfil the purposes described in this Policy, unless a longer retention period is required or permitted by applicable law. The criteria we use to determine retention periods include:
  • The duration of your relationship with us. We retain your account information and associated data for as long as your account remains active. If you close your account, we will delete or anonymize your personal information within a reasonable period, except where retention is required or permitted by applicable law.
  • Legal and regulatory obligations. We may be required to retain certain information to comply with applicable laws and regulations, including tax, accounting, and financial reporting obligations. For example, transaction records and related financial data may be retained for the period required by the laws of the jurisdictions in which we operate.
  • Dispute resolution and enforcement. We may retain information for as long as necessary to resolve disputes, enforce our agreements, and protect our legal rights.
  • Security and fraud prevention. We may retain certain information for a period necessary to detect, prevent, and investigate fraud, abuse, or security incidents.
  • Special Categories of Personal Data. Where we process sensitive personal data, such as health and fitness information, we retain such information only for as long as necessary to provide the relevant Services or until you withdraw your consent where consent is the legal basis for processing, subject to applicable legal obligations.
• Deletion and Anonymization. When personal data is no longer required for any of the above purposes, we will delete it or anonymize it so that it can no longer be associated with you. If complete deletion is technically not immediately feasible (for example, because the data is stored in backup systems), we will isolate the data from further processing until deletion is possible.

Third-Party Services

Changes to this Policy

Contact Information

• Data Controller. Beyond Power Inc. is the data controller responsible for your personal information. If you have any questions or comments about this Policy or our data practices, you may contact us by:
    Email: support@beyond-power.com
    Mail: Beyond Power Inc., 2093 Philadelphia Pike #9965, Claymont, DE 19703, USA
• Representative in the European Union. Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Beyond Power Inc. has designated its EU entity as its representative in the European Union for matters relating to the processing of personal data:
    Beyond Power Technology B.V. John M. Keynesplein 1, 1066EP Amsterdam, The Netherlands
    Email: support@beyond-power.com
    If you are located in the European Economic Area and wish to exercise any rights you have under applicable data protection law — including the right to access, correct, or delete information we hold about you — you may contact us or our EU representative using the details above.
    You also have the right to lodge a complaint with your local data protection authority. The Dutch data protection authority (Autoriteit Persoonsgegevens) can be contacted at https://www.autoriteitpersoonsgegevens.nl. If you are located in another EU member state, you may also contact your local supervisory authority.
• Data Protection Officer. If you have any questions about how we collect, use, or protect your personal information, or if you wish to exercise your privacy rights, you may also contact our Data Protection Officer:
    Email: dpo@beyond-power.com

Appendix A: Brazil Privacy Notice

• Legal Bases for Processing. Under the LGPD, we process your personal data on the following legal bases:
  • Your consent, for the processing of sensitive personal data including health and fitness data, and for direct marketing communications;
  • Performance of a contract, to provide you with Beyond Power Products and Services you have requested;
  • Legitimate interest, to improve our Products and Services, prevent fraud, and ensure the security of our systems, where such interests are not overridden by your rights;
  • Compliance with a legal obligation, where we are required to process your data by applicable law.
• Sensitive Personal Data. Health and fitness data collected through Beyond Power Products and Services — including heart rate, exercise intensity, caloric expenditure, muscle strength, workout frequency, and inferred fitness level — constitutes sensitive personal data under Article 11 of the LGPD. We process such data solely on the basis of your explicit consent, provided separately at the time of account creation. You may withdraw your consent at any time as described in the Health Information section of this Policy.

Appendix B: California Consumers’ Rights and Choices

• Collection, Disclosure, and Sale or Sharing of Personal Information. We collect, and in the last twelve(12) months, we have collected, disclosed for a business purpose, and sold/shared the following categories of personal imformation:

  Categories of Personal Information	Disclosed for Business Purpose	Shared for Targeted Advertising	Sold for Targeted Advertising	Business or Commercial Purpose for Collection/Use	Categories of Third Parties to Whom Personal Information is Sold or Shared for Business Purpose	Categories of Third Parties to Whom Information is "Shared" for Cross-Context Behavioral Advertising
  Identifiers Such as: name; company name; mailing address; phone number; email address; account credentials.	Yes	No	No	To provide our Services; Fulfill orders; Communicate with you; Marketing and promotion; Security and fraud prevention; Research and analytics.	Not applicable	Not applicable
  Payment or Financial Information Such as: credit/debit card number; other billing and payment information.	Yes	No	No	To provide our Services and fulfill orders; Security and fraud prevention.	Not applicable	Not applicable
  Commercial Information Such as: records of products purchased, obtained, or considered; shopping cart details; order details; purchase history; technical information related to your Voltra products (including model, serial number, unique device identifier, etc.); inquiries about products and services purchased; service center responses; details on your customer service, warranty, and repairs interactions with Beyond Power.	Yes	No	No	To provide our Services and fulfill orders; For research, analytics, and improvement; For marketing and promotion; To improve your experience.	Not applicable	Not applicable
  Internet and Network Information Such as: IP address, including general location information; browser language; browsing history; search history; information on a consumer's interaction with a website, application, or advertisement (including links clicked, page views, items added to cart, etc.).	Yes	Yes	No	For research, analytics, and improvement; To improve your experience; For marketing and promotion; Security and fraud prevention.	Beyond Power Affiliated Entities; Third-Party Service Providers.	Marketing Partners; Online Analytics Partners.
  Geolocation Data Such as: general location information estimated based on your IP address.	Yes	Yes	No	To provide our Services , such as estimate shipping; For research, analytics, and improvement.	Beyond Power Affiliated Entities; Third-Party Service Providers.	Marketing Partners; Online Analytics Partners.
  Other Personal Information Such as: information about your personal preferences (such as whether you consent to receive marketing communications); inferences about you derived from other personal information; information you may post on our platform or on our social media or other websites.	Yes	Yes	No	To improve your experience and our Services; For marketing and promotion.	Beyond Power Affiliated Entities; Third-Party Service Providers.	Marketing Partners; Online Analytics Partners.
  Sensitive Personal Information Such as: account login credentials (username and password); API Key.	Yes	No	No	To provide you with account access and to secure your account.	Not applicable	Not applicable

    We do not use or disclose Sensitive Personal Information for purposes other than those permitted under the CCPA/CPRA.
• Notice of Financial Incentive. We may offer certain promotional programs that provide discounts, rewards, credits, or other benefits to participants. These programs may be considered "financial incentive" programs under California law because they involve the collection, retention, or use of certain personal information in exchange for benefits. Our current financial incentive programs include, where applicable:
  • Power Credit Program, through which participants may earn Power Credits by creating an account, making purchases, subscribing to marketing emails, participating in promotional activities, or engaging in other eligible actions. Power Credits may be redeemed toward future purchases.
  • Referral Program, through which participants may share a unique referral link with eligible new customers. Subject to the applicable program terms, both the referring customer and the referred customer may receive promotional benefits or rewards following a qualifying referral.
    You may choose not to participate or may withdraw from a program at any time by contacting us. If you withdraw, you may no longer be eligible to receive certain rewards, credits, discounts, or other promotional benefits associated with the program, subject to the applicable program terms.
• Authorized Agents. California residents may designate an authorized agent to submit requests on their behalf. Where permitted by applicable law, we may require the authorized agent to provide proof of authorization and may also require the consumer to verify their identity directly with us before processing the request.
• Non-Discrimination. We will not discriminate against you for exercising any rights under the CCPA. Unless permitted by applicable law, we will not deny goods or services, charge different prices, provide a different level or quality of services, or otherwise penalize you for exercising your privacy rights.
• Verification of Requests. To protect your personal information, we may verify your identity before processing certain requests. The verification process may vary depending on the nature of your request and the sensitivity of the information involved.
• Global Privacy Control. Where required by applicable law, we recognize and process Global Privacy Control (GPC) signals as requests to opt out of the sale or sharing of personal information associated with the browser or device transmitting the signal.