HARBINGER PRIVACY POLICY

Harbinger Motors Inc. and its affiliates (“Harbinger” or “we” or “our” or “us”) take our customers’ privacy very seriously. This privacy policy (“Policy”) describes how Harbinger collects, uses and shares personal information of users viewing or accessing this website as well as any of our other websites on which this Policy is posted or linked from, our social media pages, software applications, email communications, or other digital services (the “Site”), as well as offline. By providing information to us or by using our products or services, including this Site, you agree to the terms and conditions described in this Policy. Please read this Policy carefully to understand Harbinger’s practices regarding your information and how it will be treated.

WHAT WE COLLECT

We collect information about website users in a range of ways.

  • Information You Give Us. Harbinger may collect information you provide directly to us on the Site, including, but not limited to, your name, email address, physical address, phone number, demographic information (e.g., age, gender, occupation, etc.), social media accounts, and other information provided directly to Harbinger by you. Harbinger may also collect information you provide by signing up for or attending events, engaging with us about sales or business development opportunities, participating in surveys, contests, sweepstakes, and promotions sponsored by Harbinger, interacting with Harbinger online via email, online or phone text messaging, blogs, forums, or social media, or submitting a job application to work at Harbinger. If you submit any information relating to businesses or people other than yourself, you hereby represent that you have the authority to provide such information and consent to the use of this information in accordance with this Policy.
  • Information We Get From Others. We may also collect information about you that we receive from business partners, marketers, analysts, and other sources to enable us to verify and update information contained in our records, for analytics, and to better personalize our sites, products, and services for you. We may add this to information we get from the Site.
  • Information Automatically Collected. When you visit the Site, Harbinger may automatically log certain information about you and your computer. For example, when visiting our Site, we may log your computer or mobile device operating system type and platform, internet protocol (IP) address, browser type and version, browser language, the websites you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times, and information about your use of and actions on our Site.
  • Cookies. Cookies are small data files stored on your hard drive by a website. When visiting the Site, we may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them). Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, language preferences, and other web traffic data. We, and our service providers, may use Cookies for security purposes, to facilitate Site navigation (such as automatic redirect to your personal page(s)), to display information more effectively, to provide you with a more personalized and interactive experience while using the Site, to understand how you engage with our offers, marketing, or campaigns, or to otherwise analyze and understand user activity. We also gather statistical information about the usage of the Site in order to continually improve its design and functionality, understand how the Site is used, and assist us with resolving questions regarding the Site and our products and services. If you do not wish for the Site to collect your information using Cookies, you can typically disable the use of Cookies (or disallow the use of Cookies on specific websites) by changing your browser settings. However, if you remove or reject our Cookies, it could affect how the Site works for you.
  • Information Collected Using Other Tracking Tools. In addition to, or in conjunction with Cookies, we may use other tracking tools to, among other things, track the activity of users on the Site, help manage content, measure the success of marketing campaigns, and compile statistics about usage and response rates. For example, pixel tags (also known as clear GIFs, web bugs, or web beacons) may be used to track the online movements of users of the Site. Pixel tags and similar tools may also be used in our emails to track whether an email was read or forwarded to someone else.
  • Analytics Tools. We may use Google Analytics and/or other website and application analytics services provided by third parties that use Cookies and other similar technologies to collect information about website or application usage and to report trends. You can learn about Google’s practices in connection with this information collection and how to opt out of it by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

USE OF COLLECTED INFORMATION

We may use information we collect to communicate with you, to provide and improve our products and services, and for the purposes listed below:

  • To operate, maintain, and improve our sites, products, and services.
  • To respond to comments and questions, provide customer service, and fulfill your requests.
  • To complete and fulfill your purchases or other transactions, including to process your payments, communicate with you regarding an order, or provide you with relevant updates on our products or services, and provide you with related customer service. We may also contact you to ask for your feedback about a product, service, or event.
  • To communicate with you about promotions and upcoming events, and to send you other news about products and services offered by us and our selected partners (subject to your consent where required by applicable law). Promotional communications may include, but are not limited to, newsletters, brochures, and email, phone or text message marketing, and may include information regarding Harbinger events, contests, products and services. If you no longer wish to receive these materials, you may opt out by following the opt-out instructions included in any marketing email or mailings received from us, or by contacting us at the addresses indicated under Contact Information below. Please note that we may still send you certain important administrative and non-marketing messages even if you opt out of receiving promotional emails, and you may continue to receive messages from certain of our third-party partners, such as product dealers or distributors.
  • To send other company information and updates, including but not limited to, confirmations, invoices, technical notices, policy updates, security alerts, and support and administrative messages.
  • To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity, to enforce and prevent violations of our policies and terms, and as otherwise necessary to establish, protect, and defend our legal rights.

Except as described above and below, Harbinger may use or share information that does not directly personally identify you for any purpose permitted by law, such as for operational or research purposes, for industry or market analysis, to improve or modify our products and services, to better tailor our products and services to your needs, and where legally required.

SHARING OF PERSONAL INFORMATION

We may share information we collect as follows:

  • We may share personal information with your consent. For example, you may let us share personal information with third parties for their own marketing uses. Those uses will be subject to their privacy policies.
  • We may share your information with our third-party service providers and channel partners to provide services such as website hosting, email delivery (e.g., delivery of our newsletter), data analysis and storage, billing and payment processing, order fulfillment, push notifications, information technology and related infrastructure, customer service, marketing, analytics, fraud protection, and other similar services.
  • We may share personal information with dealers, distributors or similar third parties who have agreed to comply with this Policy.
  • We may share personal information with third party sponsors of contests and similar promotions, if you elect to participate. For example, our waitlist and referral/reward program,
  • We may share personal information, including information that may or may not personally identify you, to third parties to comply with a legal obligation (including, but not limited to, subpoenas); when we believe in good faith that the law requires it; in response to a lawful request by governmental authorities conducting an investigation, including to comply with law enforcement requirements; to verify or enforce our policies and procedures; to respond to an emergency; to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable; to enforce our agreements, policies, and terms of use; or to protect the rights, property, safety, or security of our products and services, Harbinger, third parties, visitors, or the public, as determined by us in our sole discretion.
  • We may share personal information 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.
  • We may also share aggregated and/or anonymized data (such as aggregate Site usage statistics or anonymized survey responses) with third parties for research, marketing, analytics or other purposes, provided we have taken reasonable efforts to ensure such information does not identify a particular individual.

We do not sell your personal information to anyone for any purpose.

Links or Content from Other Websites. Our Site may contain links to or content from websites maintained by third parties. Harbinger is not responsible for the privacy practices of such third-party sites. Please refer to the privacy policies of these respective websites to view the relevant privacy practices.

Social Media. Our Site may contain links or buttons to enable you to share or post content to third-party social media platforms. The privacy policies of such social media platforms will apply to any content you share or post, and Harbinger is not responsible for the privacy practices of such third-party platforms. We may also share personal information with your social media account provider (or such information may be shared with us), if you connect your social media account with any Harbinger social media account. If you do so, you authorize us to share information with your social media account provider and you understand that the use of the information we share will be governed by the social media platform’s privacy policy.

HOW WE PROTECT AND MANAGE YOUR INFORMATION

Security. Harbinger has implemented various physical, electronic, contractual and managerial security measures to protect against loss, misuse, and alteration of personal information that we store and collect. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure. Should you have further questions or concerns about our security measures, please contact us using the addresses set forth under Contact Information below.

Retention of Your Information. We retain your information for as long as required to satisfy the purpose for which it is collected and used (for example, for the time necessary for us to fulfill orders, provide you with customer service, answer queries, or resolve technical problems), unless a longer period is required or permitted by law, such as to fulfill our legal obligations or to establish, protect or defend legal claims.

Your California Privacy Rights. Once a year, California residents may request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year. We comply with this law by allowing users to opt-out of sharing their personal information with third parties for direct marketing purposes. To receive the information described above or to request that we stop sharing your information, please contact us the addresses set forth under Contact Information below.

Collection of Data and Transfer Outside the United States. Harbinger is a company headquartered in the United States. The Site is primarily controlled and operated from the United States (unless you are accessing the Site from outside of the United States, in which case the Site may be localized for your jurisdiction); however information collected about you or your use of our products or services may be collected, stored and processed in any country where we have facilities or in which we engage service providers. Some of these jurisdictions, including the United States, may not provide an equivalent level of data protection as your home jurisdiction. When we transfer and process information about you or your use of our products or services to other countries, we will protect it as described in this Policy and in accordance with the requirements of local law, including, where applicable, the more stringent standards set forth in certain jurisdictions such as the European Economic Area (EEA). By using the Site, you acknowledge and consent to any such transfer, storage, or use of information to countries outside of your country of residence, including the United States. We will endeavor to take steps to ensure that your information receives an adequate level of protection in the jurisdictions in which we process it, including through appropriate written data processing terms and/or data transfer agreements. If you are in the EEA, you may have the right to obtain details about the mechanism under which your information is transferred to a third country. For more information about these transfer mechanisms, please contact us as set out in the Contact Information section below.

We may rely on various legal grounds to collect, use, and otherwise process your information, including: your consent; that the information is necessary for the performance of a contract with you; to comply with a legal obligation; to protect your, or someone else’s vital interests; or for a legitimate interest that is balanced against your rights and interests. These legitimate interests may include Harbinger’s interest in improving its products and services, enhancing safety and security, protecting Harbinger or its business partners against wrongful conduct, and responding to customer inquiries and claims. Where applicable, we will take reasonable efforts to inform you whether and why we need certain information from you, for example, whether we need the information to fulfill a legal or contractual requirement and what the consequences are of not providing the information.

Minors. Our products and services are not directed to individuals under the age of thirteen (13), and we request that these individuals not provide any information to Harbinger. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, if you are under the age of eighteen (18), you should only use the Site with the involvement of a parent or guardian.

INFORMATION CHOICES AND CHANGES

As detailed in the sections above and below, we give you many choices regarding our collection, use, and sharing of information from or about you or your use of our products or services. For example:

  • Our marketing emails, newsletters, and other promotional materials include instructions for how you may “opt out” of receiving further communications. If you no longer wish to receive such communications, you may opt out by following instructions included in such communications, or contacting us at info@harbingermotors.com, or at the address indicated below. Please allow a reasonable time after reaching out for us to process your request.
  • You may send all other requests about personal information to the addresses indicated under Contact Information below. You can request to change contact choices, opt out of our sharing with others, update your personal information, or cancel an account if one has been created.
  • You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.

Access and Data Subject Rights. In certain jurisdictions you may have the rights to request access to and receive information about certain information we maintain about you; update and correct inaccuracies in that information; have the information restricted or deleted; object or withdraw your consent to certain uses of information; and lodge a complaint with your local supervisory authority. You may also have the right to data portability with regard to the data you provided to us. These rights may be limited in some circumstances by local law. If you would like to exercise your rights in relation to information from or about you, you may contact us at the addresses set forth under Contact Information below.

In your request, please make clear what information you would like to have changed, whether you would like to have the information that you have provided to us suppressed from our database, or otherwise let us know what limitations you would like to put on our use of the information that you have provided to us. For your protection, we may only implement requests with respect to the information associated with the particular email address that you use to send us your request, or we may need to verify your identity before implementing your request. Please note that we may need to retain certain information for recordkeeping or legal compliance purposes and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the information provided until after the completion of such purchase or promotion).

CONTACT INFORMATION

We welcome your comments or questions about this privacy policy. Comments or questions can be sent via email to info@harbingermotors.com. You may also contact us at our address:

Harbinger Motors Inc.
Attn: Legal
12821 Knott St
Garden Grove, California 92841

CHANGES TO THIS PRIVACY POLICY

We may change this privacy policy. If we make any changes, we will change the “Last Updated” date displayed below. We reserve the right, in our sole discretion, to modify this Policy, in whole or in part, at any time. You should check the Site from time to time to see if there have been any changes, as they may apply to you. Where appropriate, you may also be notified of updates to the Policy by email. Your continued use of the Site, or otherwise providing information to us following these changes, confirms your acceptance of all changes that we make.

Last Updated: 2023-09-20