Privacy policy

 

This Policy describes:

• 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.

We are committed to protecting your personal information in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), Brazil's Lei Geral de Proteção de Dados (LGPD), and other applicable privacy laws.
This Policy explains how we collect, use, share, and protect your information, and describes the rights available to you depending on your location. Please read this Policy carefully before creating your account.
Where we are required by applicable law to obtain your explicit consent before processing your personal data — for example, for the processing of health or biometric data — we will seek your consent separately at the time such data is collected. Your acknowledgment of this Policy at account creation does not constitute explicit consent to data processing activities that require a separate consent action under applicable law.

Collection of Information

We may collect information about you directly from you, from third parties, and automatically through your use of the Beyond Power Products and Services. Some information we collect from you are referred to as “personal information” or “personal data” in this Policy. Personal information or personal data is data that can identify you, or data that we can relate to you, such as your name, email address, credit card number, and shipping address.

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.
You may withdraw your consent at any time by contacting us at support@beyond-power.com. Withdrawal of consent will not affect the lawfulness of processing carried out prior to withdrawal. However, as Health Data processing is integral to the Beyond+ service, withdrawal will result in the suspension of your Beyond+ account functionality. Your right to withdraw consent and the consequences of doing so will be clearly communicated at the time consent is obtained.
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. Cookies are used to collect information, including personal data, from you. Cookies are small files which, when placed on your device, enable us to provide certain features and functionality. To learn more about cookies please see our Cookie Policy.

Information We Derive

We may derive information or draw inferences about you based on the information we collect, For example, we may infer your approximate location based on your IP address, in providing the Beyond Power Products and Services and operating our business. The use of information that we collect includes the following:

• 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.

We will aggregate personal data we collect, such as the number and frequency of your visits to our sites and apps, to produce metrics and statistical information. We use aggregate data to help us understand how the site is being used and to improve its usability. We also use it to enhance the quality and availability of products and services we offer.

If you are located in the European Economic Area, we will only use your information when we have a valid legal ground, including when:

• 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.

When We Disclose Information

We will not disclose your information that we collect through Beyond Power Products and Services to third parties except as described in this Policy or as we disclose to you at the time the information is collected. We may disclose information to third parties in the following circumstances:

• 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.

How We Protect the Information We Collect

We have adopted industry-standard security measures to protect the personal information you provide to prevent unauthorized access, public disclosure, use, modification, damage or loss of data. We will take all reasonable and feasible measures to protect your personal information. we will deploy access control mechanisms to ensure that only authorized personnel can access personal data information; and we will organize security and privacy protection training courses to enhance employees' awareness of the importance of protecting personal information.

We will take all reasonable and feasible measures to ensure that no irrelevant personal information is collected. We will only retain your personal information for the period necessary to achieve the purposes stated in this policy, unless an extended retention period is required or permitted by law.

The Internet environment is not absolutely safe, and we will try our best to ensure or guarantee the security of any information you send us. If our physical, technical, or management protection facilities are damaged, resulting in unauthorized access, public disclosure, tampering, or destruction of information, we will bear corresponding legal responsibilities.

Your Rights and Choices Regarding Collected Information

You may update, correct, or delete certain Beyond Power account information and preferences by accessing your account preferences page, available through certain Beyond Power Products and Services, including the www.beyond-power.com and various mobile applications. If you receive commercial email or text messages from us, you may unsubscribe at any time by following the instructions contained within the email or text message. You may also opt out from receiving commercial email or text messages from us or object to be profiled by sending your request to us by email at support@beyond-power.com.

When you find that the personal information we process about you is incorrect, you have the right to ask us to make corrections.
You can request us to delete your personal information under the following circumstances:

1. If our collection and use of personal information violates laws and regulations;
2. If our handling of personal information violates our agreement with you;

If we decide to respond to your deletion request, we will also notify the entities that obtained your personal information from us and request them to delete them in a timely manner, unless laws and regulations provide otherwise, or these entities obtain your independent authorization.
You can send an email to support@beyond-power.com., or contact us according to the methods provided on the website or our APP.

If you are located in the European Economic Area, you may also have the right to request access to additional information, including the right to request access to and receive certain information we maintain about you; to update or correct inaccuracies in the information we maintain about you; to receive a copy of the information which you provided for its transmission to another company; to object to the processing on grounds relating to your particular situation; and to have the information blocked, deleted, or erased, as appropriate. When we process personal data on the basis of your consent, you can also withdraw your consent. If you withdraw your consent, we will apply your preferences going forward, and this will not affect the lawfulness of the processing before you withdrew your consent.

Note, however, that if you exercise your right to object or your rights of blocking, deletion or to be “forgotten” or if you decline to share certain information with us, or if you withdraw your consent to our processing of information about you, we may not be able to provide to you some, or any, of the features and functionality of Beyond Power Products and Services.

Likewise, if you close your Beyond Power account, you will not be able to sign in to Beyond Power Products or Services or access any of your information. However, you can open a new account at any time. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit, as authorized under applicable law, for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so. In addition, if certain information has already been provided to third parties as described in this Policy, retention of that information will be subject to those third parties’ policies.

If you wish to exercise any rights you have under applicable data protection law, including the right to access, amend or delete any information we hold about you, you may contact us at support@beyond-power.com.

Third-Party Services

Beyond Power Products and Services may contain features or links to websites and services provided by third parties. Any information you choose to provide on third-party sites or services, or any information otherwise collected by such third-party sites or services is collected directly by the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through Beyond Power Products and Services.

We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through Beyond Power Products and Services. If you opt in to use such third-party services, please be sure to check the Privacy Policies of these sites as well as their “Terms of Use” before engaging in any business or uploading any information.

Children’s Privacy

Beyond Power Products and Services, including Beyond+, are not directed to individuals under the age of 16. We do not knowingly collect, use, or disclose personal information — including health and fitness data — from children under the age of 16 without verifiable parental or guardian consent.
If you are between the ages of 16 and 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf, and that they consent to your use of Beyond Power Products and Services and the associated processing of your personal data, including health data.
If we become aware that we have collected personal information from a child under the age of 16 without appropriate parental consent, we will take prompt steps to delete that information from our systems. If you are a parent or guardian and believe that your child under the age of 16 has provided personal information to us, please contact us at support@beyond-power.com.

Note for users in the United States: We comply with the Children's Online Privacy Protection Act (COPPA). For users under the age of 13 in the United States, we require verifiable parental consent before collecting any personal information.
Note for users in Brazil: In accordance with Brazil's Lei Geral de Proteção de Dados (LGPD), we require parental or guardian consent for users under the age of 18.

Data Security

We use certain physical, organizational, and technical safeguards that are designed to improve the integrity and security of information that 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.

International Transfers of Personal Data

Beyond Power Inc. is based in the United States, and your personal information may be transferred to, stored, and processed in the United States or other countries where Beyond Power or its service providers operate. These countries may have data protection laws that differ from those in your country of residence.
Regardless of where your personal information is processed, we apply the same level of protection as described in this Policy.

Transfers from the European Economic Area (EEA)

When we transfer personal data from the EEA to countries that have not been granted an adequacy decision by the European Commission, we rely on the Standard Contractual Clauses (SCCs) adopted by the European Commission on June 4, 2021 (Decision 2021/914), as the appropriate safeguard for such transfers. You may obtain a copy of the applicable SCCs by contacting us at support@beyond-power.com.
Our EU representative, Beyond Power Technology B.V. (Amsterdam, The Netherlands), is responsible for overseeing compliance with these transfer mechanisms for EEA users.

Transfers from the United Kingdom

When we transfer personal data from the United Kingdom, we rely on the International Data Transfer Agreement (IDTA) issued by the UK Information Commissioner's Office, or the EU SCCs with the UK Addendum, as the appropriate safeguard. You may obtain a copy of the applicable transfer mechanism by contacting us at support@beyond-power.com.

Transfers from Brazil

When we transfer personal data collected in Brazil to other countries, we ensure that appropriate safeguards are in place in accordance with Brazil's Lei Geral de Proteção de Dados (LGPD). Where required by the ANPD, we rely on standard contractual clauses or other mechanisms recognized under the LGPD for international data transfers.

Transfers from Other Jurisdictions

For users in other jurisdictions, we transfer your personal data in accordance with applicable local data protection laws and implement appropriate safeguards to protect your information during transfer.

Retention of Your Information

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:

1. 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 as described below.
2. 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.
3. Dispute resolution and enforcement. We may retain information for as long as necessary to resolve disputes, enforce our agreements, and protect our legal rights.
4. Security and fraud prevention. We may retain certain information for a period necessary to detect, prevent, and investigate fraud, abuse, or security incidents.
5. Your consent. Where we process your personal data on the basis of your consent, such as your health and fitness data, we will retain that data until you withdraw your consent, at which point we will delete or anonymize it within a reasonable period, subject to any legal retention obligations.

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.

Changes and Updates to this Policy

We may update this Policy from time to time. If we modify this Policy, we will make it available on or through the Beyond Power Products and Services and indicate the date of the latest revision. We will make reasonable efforts to notify you of the change.

Our Commitment to Your Privacy

To make sure your personal data is secure, we communicate our privacy and security guidelines to BEYOND POWER employees and strictly enforce privacy safeguards within the company.

Our Contact Information

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.

Cookie Policy

What Are Cookies?

When you use Beyond Power websites or online services, we may place one or more cookies — small text files containing alphanumeric characters — on your device. We use both session cookies, which expire when you close your browser, and persistent cookies, which remain on your device for a set period or until you delete them. We may also use similar tracking technologies such as web beacons and pixel tags (together, "cookies and similar technologies").

Categories of Cookies We Use

We use the following categories of cookies:

• Required Cookies. These cookies are essential for the operation of our websites and services, including login functionality and shopping cart features. These cookies cannot be disabled.
• Personalization Cookies. These cookies store details about your actions and preferences to personalize your experience on future visits. These cookies are activated only with your consent.
• Marketing Cookies. These cookies are used by us and our partners, including Shopify, to optimize marketing communications and deliver relevant advertisements on other websites. These cookies are activated only with your consent.
• Analytics Cookies. These cookies help us understand how you interact with our website, including which pages you visit and which features you use, in order to identify areas for improvement. For example, we use Google Analytics to analyze usage patterns. These cookies are activated only with your consent. You may opt out of Google Analytics tracking at any time by visiting https://tools.google.com/dlpage/gaoptout.

Your Cookie Choices

When you first visit our website, you will be presented with a cookie consent banner that allows you to accept or decline non-essential cookies. You may change your preferences at any time by clicking "Cookie Preferences" at the bottom of any page on our website. You may also withdraw any consent you have previously given.
Please note that disabling certain categories of cookies may affect the functionality of our website and services.

Global Privacy Control and Do Not Track

We honor the Global Privacy Control (GPC) signal as an opt-out of the sale or sharing of personal information for users in jurisdictions where this is required by law, including California. Beyond Power does not currently respond to browser-level "Do Not Track" signals, as no uniform standard for such signals has been established.

Cookies on Mobile Devices

Some mobile devices support full-featured browsers and we use cookies on these devices in the same manner as on desktop browsers. Other devices may use alternative technologies such as local storage, Software Development Kits (SDKs), or Application Programming Interfaces (APIs) to perform similar functions. We may use these technologies to store information on your device in connection with your use of Beyond Power Products and Services.

Cookie Use Without a Beyond Power Account

We use cookies even if you do not have a Beyond Power account or have logged out. In such cases, cookies may be used to protect our services from malicious activity, recognize use of shared or public devices, and understand general usage patterns in an aggregated manner.

Cookies Used by Beyond Power

We use different types of cookies as listed below. They help us to provide and improve the Beyond Power Products and Services, such as showing you the most relevant information and your customized webpage. Some or all of the cookies listed may be stored in your browser or devices.

• Strictly necessary cookies. These cookies are essential for you to use the Beyond Power Products and Services, such as the cookies used for carrying out the transmission of a communication, the cookies that record requests for information from the Internet and block web attacks so as to ensure web security, the cookies that are strictly necessary for us to provide information society services that you request. You must accept strictly necessary cookies to be able to use Beyond Power Products and Services.
• Preference cookies. These cookies are also known as “functionality cookies”, these cookies allow us to remember choices you have made through your use of the Beyond Power Products and Services, like what language you prefer, what region you are in, or what your username and password are so you can automatically log in. These cookies can help us reallocate work load among our servers and enable our webpages to respond faster.
• Statistics cookies. These cookies are also known as “performance cookies”, these cookies collect information about how you use the Beyond Power Products and Services, like which webpages you visited and which links you clicked on. These cookies can help us to improve user experience of using Beyond Power Products and Services.
• Marketing cookies. These cookies can track your online activities to help us deliver more relevant advertisements or limit the number of time that the same advertisement is shown to you.

Manage Your Cookie Settings

Beyond Power offers you the possibility to set your preferences regarding cookies. By clicking “Cookie Preferences” on the bottom of each webpage, you can select the types of Cookies our websites or online services use. You can change your preferences at any time; you can also withdraw the consent you have previously given to us.

Cookies Use when You Use Mobile Devices

Some mobile devices share the same features with computers, such as the support of full-featured browsers. When you are using this type of devices such as smartphones, we use cookies in a similar way to when you are using computers. Other devices may use different technologies, such as local storage, Software Development Kits (SDKs), or Advanced Programming Interfaces (APIs) to facilitate aforementioned processes effectuated by cookies.

We may obtain or receive information about your device, our apps, or other apps. We may also use these technologies to store information on your device. For example, we may receive information about the make and model of your mobile device when you are asking others for help through our app.

Read of Particular Cookies

Browsers will send cookies for a particular domain (such as www.beyond-power.com) to the website each time a device with those cookies accesses content from that domain. This means if your device stores cookies for www.beyond-power.com, it will send those cookies to Beyond Power when it accesses a webpage at www.beyond-power.com.

Cookie Use Without a Beyond Power Account or After Your Logout

We still use cookies if you do not have a Beyond Power account or have logged out your account. After your logout, we will use cookies to:

• Identify and terminate accounts in violation of the Terms of Use or Beyond Power policies;
• Recover your lost account;
• Recognize use of public computers and notify you to reduce your risk of data theft;
• Understand your interaction with our Products and Services, and those of our partners.

If you do not have Beyond Power account and have visited www.beyond-power.com, we will use cookies to protect Beyond Power Products and Services, and Beyond Power customers from malicious activity such as denial-of-service attacks and mass creation of fake accounts.

California Privacy Notice

Last Updated or Reviewed: Aug.1, 2023

This California Privacy Notice supplements the information and disclosures contained in our Privacy Policy. It applies to the Personal Information of certain California residents, who are Consumers receiving products or services for which we are a Business, as those terms are defined under the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (the “CCPA”), and is effective upon the date that the CCPA enters into operation.

Briefly, and as more fully defined in the CCPA, Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Household; however, certain categories of information may be excluded, including, for example, de-identified or aggregate information, information lawfully made available from government records, medical information, data subject to HIPAA, data maintained by healthcare providers in the same manner as data subject to HIPAA, clinical trial data, consumer credit reporting agency data or data subject to the Fair Credit Reporting Act, data subject to the Gramm-Leach-Bliley Act, data subject to the Driver’s Privacy Protection Act, and data relating to vehicle ownership or warranty information.

Any capitalized terms herein are intended to have the same meaning as in the CCPA.

Brazil Privacy Notice

Last Updated: Apr.1, 2026

This Brazil Privacy Notice supplements our Privacy Policy and applies to users located in Brazil. It is intended to comply with Brazil's Lei Geral de Proteção de Dados Pessoais (LGPD), Federal Law No. 13,709/2018.

Data Controller

Beyond Power Inc. is the controller of your personal data. For matters relating to your personal data, you may contact us at support@beyond-power.com or in writing to Beyond Power Inc., 2093 Philadelphia Pike #9965, Claymont, DE 19703, USA.

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.

Your Rights Under the LGPD

If you are located in Brazil, you have the following rights regarding your personal data:

• Confirmation of the existence of processing;
• Access to your personal data;
• Correction of incomplete, inaccurate, or outdated data;
• Anonymization, blocking, or deletion of unnecessary or excessive data;
• Portability of your data to another service provider;
• Deletion of personal data processed with your consent;
• Information about third parties with whom we share your data;
• Information about your right to deny consent and the consequences of doing so;
• Withdrawal of consent at any time.

To exercise any of these rights, please contact us at support@beyond-power.com. We will respond to your request within 15 days.
You also have the right to lodge a complaint with Brazil's national data protection authority, the Autoridade Nacional de Proteção de Dados (ANPD), at https://www.gov.br/anpd.

California Consumers’ Rights and Choices

If you are a Consumer, California law may permit you to request information regarding the:

• Categories of Personal Information (as defined by applicable California law) collected, sold or disclosed by us;
• Purposes for which categories of Personal Information collected by us are used;
• Sources of information from which we collect Personal Information; and
• Specific pieces of Personal Information we have collected about you.

In addition, if you are a Consumer you may:

• Opt-out of the sale or disclosure of your Personal Information, in some circumstances;
• Opt-out of receiving marketing communications from us; however, you may still receive administrative communications regarding the Services;
• Opt-in to certain financial incentive programs we may offer related to the collection, sale, or deletion of your Personal Information; and
• Request deletion of your Personal Information by us and our service providers, in some circumstances.

Further, California law provides Consumers with the right not to receive discriminatory treatment by a business for the exercise of these rights regarding Personal Information.

Personal Information Collection, Disclosure, and Sale

We may collect the following categories of information about you directly or indirectly from you or our affiliates through your use of the Beyond Power Products and Services:

• Identifiers, such as your name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name. We collect such information (1) directly from you, e.g., forms you complete or products and services you purchase, (2) indirectly from you, e.g., from observing your actions on our Website or from your Devices, or (3) directly from our affiliates. We use such information for our business purposes, including specifically:
  1. Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
  2. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
  3. Debugging to identify and repair errors that impair existing intended functionality.
  4. Short-term, transient use, provided that the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
  5. Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
  6. Undertaking internal research for technological development and demonstration.
  7. Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.
  We may share such information with:
  1. Data analytics providers.
  2. Vendors and service providers.
  3. Social networks.
  4. Third parties integrated into our services.
  5. Third parties as required by law and similar disclosures.
  6. Affiliates.
  7. Third parties as required by law and similar disclosures.
  8. Third parties in connection with a merger, sale, or asset transfer.
  9. Other third parties for whom we have obtained your permission to disclose your Personal Information.
• Categories of Personal Information in Cal. Civ. Code Section 1798.80(e), such as your name, address, telephone number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information. We collect such information (1) directly from you, e.g., forms you complete or products and services you purchase, or (2) directly from our affiliates. We use such information for our business purposes, including specifically:
  1. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
  2. Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing analytic services, or providing similar services on behalf of the business or service provider.
  3. Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.
  4. If you are applying for a position at Beyond Power, we may use your information for the purposes of recruiting talents for us or our affiliates.
  We may share such information with: ▪️
  • Data analytics providers.
  • Vendors and service providers.
  • Social networks.
  • Third parties integrated into our services.
  • Third parties as required by law and similar disclosures.
  • Affiliates.
  • Third parties as required by law and similar disclosures.
  • Third parties in connection with a merger, sale, or asset transfer.
  • Other third parties for whom we have obtained your permission to disclose your Personal Information.
• Characteristics of Protected Classifications under California or Federal Law, such as gender. We collect such information (1) directly from you, e.g., forms you complete, or (2) directly from our affiliates. We use such information for Our business purposes, including specifically:
  1. Showing your user profile with information you voluntarily provided to us by submitting online forms;
  2. Recruiting talents for us or our affiliates.
  We may share such information with:
  1. Data analytics providers.
  2. Vendors and service providers.
  3. Social networks.
  4. Third parties integrated into our services.
  5. Third parties as required by law and similar disclosures.
  6. Affiliates.
  7. Third parties as required by law and similar disclosures.
  8. Third parties in connection with a merger, sale, or asset transfer.
  9. Other third parties for whom we have obtained your permission to disclose your Personal Information.
• Commercial Information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We collect such information (1) directly from you, e.g., forms you complete or products and services you purchase, (2) indirectly from you, e.g., from observing your actions on our Website or from your Devices, or (3) directly from our affiliates. We use such information for our business purposes, including specifically:
  1. Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, verifying quality of customer services, and auditing compliance with product specifications and other standards.
  2. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
  3. Debugging to identify and repair errors that impair existing intended functionality.
  4. Short-term, transient use, provided that the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, locating past service history.
  5. Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
  6. Undertaking internal research for technological development and demonstration.
  7. Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.
  We may share such information with:
  1. Data analytics providers.
  2. Vendors and service providers.
  3. Social networks.
  4. Third parties integrated into our services.
  5. Third parties as required by law and similar disclosures.
  6. Affiliates.
  7. Third parties as required by law and similar disclosures.
  8. Third parties in connection with a merger, sale, or asset transfer.
  9. Other third parties for whom we have obtained your permission to disclose your Personal Information.
• Internet or Other Electronic Network Activity Information, such as browsing history, search history, and information regarding a consumer’s interaction with an internet website, application or advertisement.
  We collect such information (1) directly from you, e.g., forms you complete or products and services you purchase, (2) indirectly from you, e.g., from observing your actions on our Website or from your Devices, or (3) directly from our affiliates. We use such information for our business purposes, including specifically:
  1. Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
  2. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
  3. Debugging to identify and repair errors that impair existing intended functionality.
  4. Performing services on behalf of the business or service provider, including verifying customer information, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
  5. Undertaking internal research for technological development and demonstration.
  6. Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.
  We may share such information with:
  1. Data analytics providers.
  2. Vendors and service providers.
  3. Social networks.
  4. Third parties integrated into our services.
  5. Third parties as required by law and similar disclosures.
  6. Affiliates.
  7. Third parties as required by law and similar disclosures.
  8. Third parties in connection with a merger, sale, or asset transfer.
  9. Other third parties for whom we have obtained your permission to disclose your Personal Information.
• Sensory Information, such as audio, electronic, visual, thermal, or similar information. We collect such information directly from you, e.g., products and services you purchase. We use such information for our business purposes, including specifically, performing services on behalf of the business or service provider, including providing customer service.
  We may share such information with:
  • Affiliates.
  • Third parties as required by law and similar disclosures.
  • Third parties in connection with a merger, sale, or asset transfer.
• Professional or employment-related information, such as job application or resume information, past and current job history, and job performance information, unless exempt. We collect such information directly from you, e.g., forms you complete or products and services you purchase. We use such information for our business purposes, including specifically, recruiting talents for us or our affiliates.
  We may share such information with:
  • Affiliates.
  • Third parties as required by law and similar disclosures.
  • Third parties in connection with a merger, sale, or asset transfer.
• Inferences Drawn from Personal Information, such as consumer profiles reflecting a consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. We collect such information indirectly from you, e.g., from observing your actions on our Website or from your Devices. We use such information for our business purposes, including specifically:
  1. Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
  2. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
  3. Debugging to identify and repair errors that impair existing intended functionality.
  4. Undertaking internal research for technological development and demonstration.
  5. Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.
  We may share such information with:
  • Data analytics providers.
  • Affiliates.
  • Third parties integrated into our services.
  • Third parties as required by law and similar disclosures.
  • Third parties in connection with a merger, sale, or asset transfer.

Such information may be used for the purposes for which it was collected or as otherwise permitted or required by applicable law.

We have not sold in the preceding twelve months from the date of last review of this Privacy Policy, do not currently sell, and will not sell your personal information for twelve months from the date of the last review of this Privacy Policy.

As of the date of last update and review of this California Privacy Notice, we have no reason to believe that we have collected, disclosed, sold or otherwise processed the Personal Information of more than 4 million California Consumers.

Requests

You can make requests related to your California privacy rights at the attached link . You may also make those requests by email to support@beyond-power.com or in writing to Beyond Power Inc., 2093 PHILADELPHIA PIKE #9965 CLAYMONT, DE19703. Please be aware that we do not accept or process requests through other means (e.g., via fax or social media).

We will review the information provided and may request additional information to ensure we are interacting with the correct individual. If you have an online account with us, you may be required to log-in to your account for identity verification. If you do not have an account with us, additional information to verify your identity may be required by law before we may take action upon such a request. This additional information may vary depending on the nature of your request and/or the nature of the information about which your request relates. In some cases, we may also be required by law to obtain a signed declaration under penalty of perjury from you that you are the subject of the request being made. If we suspect fraudulent or malicious activity on or from your account, we will delay taking action on your request until we can appropriately verify your identity and the request as authentic.

By law, we are not required to collect personal information that we otherwise would not collect in the ordinary course of our business, retain personal information for longer than we would otherwise retain such information in the ordinary course of our business, or re-identify or otherwise link information that is not maintained in a manner that would be considered personal information. If we have not requested specific additional information from you to verify your request, please do not send such information.

We generally will aim to avoid requesting additional information from you for the purposes of verification. However, if we cannot reasonably verify your identity or more information is needed for security or fraud-prevention purposes, we may consider any of the following factors, alone or in combination, in requesting additional information:

• The type, sensitivity, and value of the personal information collected and maintained about the consumer, as applicable law requires a more stringent verification process for sensitive or valuable personal information;
• The risk of harm to the consumer posed by any unauthorized access or deletion;
• The likelihood that fraudulent or malicious actors would seek the personal information;
• Whether the personal information to be provided by the consumer to verify their identity is sufficiently robust to protect against fraudulent requests or being spoofed or fabricated;
• The manner in which the business interacts with the consumer;
• Available technology for verification; and
• Other factors that may be reasonable in the circumstances, are consistent with industry practice, are recommended by California government officials, or which may be required by law or regulation following the effective date of this Privacy Policy.

If your request is regarding household information, the same verification steps above are required before we can provide you with aggregate household information. For us to process a request for access to or deletion of specific pieces of information regarding your household, all members of the household must make the request, and we must be able to verify each household member.

In some cases, we may not have sufficient information about you or your household to be able to verify your identity or sufficiently differentiate you from another consumer or household to the degree of certainty required by law, in which case, we will not be able to act upon your request. In such cases, it may be unlikely that we would be able to identify you or your household in the future without collecting significantly more information or seeking to re-identify de-identified information. At this time, we do not intend to take such steps in response to a request made pursuant to this Privacy Policy and applicable law does not require that we do so. If, in the future, we determine a reasonable method to identify you or your household absent such steps, we will provide an update to you through this Privacy Policy and in response to any such request at that time.

Information that you submit for the purpose of allowing us to verify your identity in furtherance of a consumer-related or household-related request pursuant to California law will only be used by us, and our service providers if any, for that purpose and no other. Except where we are required by law to maintain such information for record-keeping purposes, we will take steps to delete any new personal information collected for the purpose of verification as soon as practical after processing your request.

Please also be aware that making any such request does not ensure complete or comprehensive removal or deletion of Personal Information or content you may have posted, and there may be circumstances in which the law does not require or allow us to fulfill your request, including, for example, where fulfilling your request may infringe upon the rights and freedoms of other consumers.

We reserve the right to charge a reasonable fee or take other appropriate action in response to requests from a consumer or household that are manifestly unfounded or excessive, in particular because of their repetitive character.

You may designate an authorized agent to make a request on your behalf pursuant to applicable law. We accept documentation of your designation in the form of a valid power of attorney and/or a notarized statement. You must submit evidence of your designation of an authorized agent in writing to: Beyond Power Inc. 2093 PHILADELPHIA PIKE #9965 CLAYMONT, DE19703. We may require verification of your authorized agent in addition to the information for verification above for consumers and households.

Do Not Track

Beyond Power does not currently take steps to respond to browsers’ “Do Not Track” signals as no uniform standard to respond to such signals has been developed at this time.

Questions

For questions regarding this California Privacy Notice, contact us by email at support@beyond-power.com.