-MY MONDRAKER APP - LEGAL NOTICES-

1.   DESCRIPTION

The “MY MONDRAKER” APP (hereinafter the APP) is a platform for users of MONDRAKER products that provides access to content reserved for logged-in users and enables them to link their MONDRAKER bike to the APP in order to benefit from additional services.

All persons who access the APP shall be considered to constitute USERS for the purposes of these legal notices. USERS must register by providing a contact email to access the APP’s content. Once the User is logged in, the APP provides a variety of content such as news items, MONDRAKER advertising campaigns and a search engine for the stores, among others. It also enables Users to register their bike to access extra content and activate the MONDRAKER additional warranty process. Furthermore, the APP enables connection with MONDRAKER’s MIND device, a feature included on some bikes that provides extra content and services for the User such as geolocation of their MONDRAKER bike.

2. LEGAL NOTICES 

Use of the APP is governed by these terms and conditions. Therefore, we strongly advise you to read the Notices carefully before using or browsing the APP. The USER hereby acknowledges that he/she is aware of the access to and existence of these conditions of use and of the need to be familiar with them. Therefore, by continuing to use the APP, the USER explicitly accepts each and every one of these terms and conditions.

In accordance with the provisions of article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation), article 11 of Organic Law 3/2018 of 5 December on the protection of data of a personal nature and Article 10 of Act 34/2002 of 11 July on services of the information society and electronic commerce (LSSI-CE), you are hereby informed of the conditions of use of the “MY MONDRAKER” APP.

• General information about the SERVICE PROVIDER

• Owner of the APP: BLUE FACTORY TEAM S.L.U. (hereinafter MONDRAKER).

• TAX I.D. (CIF): B-53789822

• Reg. address: C/ Nicolás Copérnico 4, 03203 Elche (Alicante) - Spain.

• Telephone: 965 681 859

• Contact email: mymondraker@mondraker.com

1. Purpose

These General Conditions of Use govern access to and use of the APP that MONDRAKER places at the service of the USERS. It consists of a platform on which the User must register by providing a contact email in order to access the content. Once the User is logged in, the APP provides a variety of content such as news items, MONDRAKER advertising campaigns and a search engine for the stores, among others. It also enables Users to register their bike to access extra content and activate the MONDRAKER additional warranty process. Furthermore, the APP enables connection with MONDRAKER’s MIND device, a feature included on some bikes that provides extra content and services for the User such as geolocation of their MONDRAKER bike, claim management and activation of the anti-theft alarm.

MONDRAKER reserves the right to amend these terms and conditions at any time. Amendments to the conditions shall enter into effect for all USERS on the date on which they are published online in the APP. Therefore, we strongly recommend USERS to check these conditions regularly to keep abreast of any updates. Nevertheless, whenever the terms and conditions are amended they will appear on a banner the moment the USER accesses the APP during the fifteen (15) days following the update in question, after which the changes will be incorporated into this text without further notice.

2. Content

The content of the APP will be available in Spanish, English, German and French. MONDRAKER declines all responsibility whatsoever for failure by the USER to understand the languages used in the APP and for any consequences that may derive from said failure.

MONDRAKER reserves the right to modify and/or delete any content hosted on the APP and to change the manner in which said content can be accessed without prior notice or explanation. MONDRAKER declines all responsibility for any consequences that said changes may cause to the USERS.

The content and/or updates of the APP include links or hyperlinks belonging to third parties in order to open the full APP and to provide USERS with the option of sharing their activities on social media, specifically on Strava and Facebook. MONDRAKER declines all responsibility for the consequences of use of said third-party links by users of the APP. These links are included for purely informative purposes and under no circumstances may be interpreted as implying a relationship of support, approval, marketing or any other kind between MONDRAKER and the natural or legal persons who install the links and/or the managers or owners of the social networks to which they lead.

3. General Conditions of Use of the APP

4.1. Free access and use of the APP

Users will be able to browse the APP, display its contents and link their bike to it.

Use of the APP is free of charge. 

4.2. Using the APP

MY MONDRAKER is an APP intended mainly for people who are interested in the MONDRAKER universe. Its purpose is to enable them to access information and news related to the cycling sector, obtain benefits, activate additional warranties on their MONDRAKER bike and to connect their bike’s MIND device to enjoy services such as learning to adjust the suspension of their MONDRAKER bike, GPS-based route tracking, activation of the anti-theft system, etc.

Thus, the APP provides different services depending on whether it is used alone or in connection with the MONDRAKER MIND device.

Registering the USER's bike in the APP also acts as proof of ownership and therefore enables the owner to circumvent problems that may arise with the product warranty. It also creates a record of the serial number that will be useful if the bike is lost or stolen:

https://www.mondraker.com/es/es/warranty   

Once registered, Users can customise their profile in the APP by including a photo. 

The following conditions of use are applicable to use of the MY MONDRAKER APP with the MIND device:

Users whose bikes are provided with the MIND device (not all MONDRAKER bikes are fitted with this device) can connect their bike to the APP and access the following benefits, among others:

i. Mondraker bike suspension telemetry and GPS tracking of your routes:

This service enables you to calibrate your suspension with absolute precision, analyse its behaviour and record the main data of your rides. MY MONDRAKER enables you to connect the MIND device of your MONDRAKER bike to your smartphone and make precision adjustments to the SAG and the setup of your suspensions, adapting them to your riding style and the kind of routes you choose. You will also be able to record your bike trips with GPS tracking and monitor the key data of your biking activity without having to take a smartphone with you. 

ii. Adjust your suspension with MIND and get the most out of your Mondraker bike:

Customise the SAG and setup of your MONDRAKER bike in two easy steps. Fine-tune the suspension depending on your weight and riding style and get the maximum potential from your bike. Whether you are planning a long journey or jumps, descents or cross-country routes, your bike’s suspension will always be ready to bring out your best as a rider.

iii. Record your cycling trips and measure your progress:

Thanks to the GPS integrated into your MONDRAKER bike with MIND, you can be connected to the APP and record your activities in manual or automatic mode without having to take a smartphone with you. Display the key parameters of the performance of your suspensions: jumps, bottoming out and fork travel at any moment on the route. You will also be able to display the statistics of your times, speed and all the information that will help you to learn about yourself as a rider and improve your performance. And you will have the option of sharing your progress thanks to the connection with your account on the Strava and Facebook social networks.

iv. Incident report

MY MONDRAKER enables you to manage loss or theft by reporting the event and attaching the report so that MONDRAKER can remotely block MIND. 

Summary of all functions that the APP designed and created exclusively for MONDRAKER bike riders provides for its Users:

- Direct connection via Bluetooth with the MIND device on your bike to make adjustments, display the activity log and transfer data.

- Guided adjustment and SAG check for front and rear shock absorbers depending on the rider’s weight and riding style on MONDRAKER bikes fitted with MIND.

- MONDRAKER bike activity log with MIND in manual, semi-automatic or automatic mode without the need to carry a mobile phone.

- Monitoring of your biking routes by means of data and graphs: number of jumps, front and rear suspension bottom-out, route travelled on the map, distance, time taken, altitude and average speed for models fitted with the MIND device.

- Statistical breakdown of times, speeds, jumps, etc. of activities carried out with MONDRAKER bikes with MIND.

- MONDRAKER bike anti-theft alarm system with MIND.

- Information concerning all the characteristics of your MONDRAKER bike.

- Support in the event of theft.

- Exclusive information on MONDRAKER news and events.

Due to the connectivity between the bike and the MY MONDRAKER APP, if the original owner sells the bike, he/she will have to accept the transfer of ownership to the second-hand owner so that the latter can use the MIND device This is because the MIND device can only be linked to one user account at any one time.

Finally, MONDRAKER's lifetime warranty is only applicable to the bike’s original owner and is forfeited on transfer of ownership. This circumstance is monitored by the MY MONDRAKER APP.

4.3. Information on the SIM card capable of interacting with the APP. 

To continue with the information on connectivity between the APP and the MIND device, the User is hereby informed that said device incorporates a SIM card with dedicated connectivity. This SIM card, the function of which is to enable communication with the device to locate the bike in the event of theft, is the property of MONDRAKER.

In this regard, the use of the service provided by the MIND device (4G) is free of charge with limited traffic during the first year from product registration. From the beginning of the second year after purchase the USER may join one of the plans provided by MONDRAKER on the understanding that the SIM card that includes the device and the connection always remains the property of MONDRAKER.

4.4. The APP USER’s obligations

By accessing the APP, the USER undertakes to make proper use of the associated services in accordance with the law, the rules of civilised conduct and these General Conditions of Use. 

MONDRAKER declines any responsibility or liability whatsoever arising from infringement of these obligations by USERS. MONDRAKER, therefore, may make the appropriate inquiries or request the User to provide the relevant documentation to verify compliance with said obligations. 

All information provided by the USER must be true and accurate. For these purposes, the USER hereby guarantees that all data that he/she submits to MONDRAKER shall be genuine, unadulterated and fully updated. Provision of outdated or false information shall be the sole and exclusive responsibility of the USER, who shall also be liable for any loss and damage to MONDRAKER or to third parties deriving from said information.

The USER shall be liable for loss and damage of any kind caused to MONDRAKER or to third parties as a result of infringement of any of the provisions of these General Conditions of Use or of the law in relation to the use of the APP.

4.5. Obligations related to publication of content on the APP by users.

The USER will be able to share the results obtained with the app on the Strava Social Networks (RRSS) and Facebook. In this case, the content published in these RRSS is subject to the terms of use of these platforms (https://www.facebook.com/legal/terms;https://www.strava.com/legal/terms).

4. Minors:

MONDRAKER intends its services for USERS over 16 years of age. Minors are not authorised to use the services provided by the APP and therefore should not send their personal data to MONDRAKER. MONDRAKER declines all responsibility for any consequences that may arise from failure to comply with the provisions of this clause.

5. Intellectual Property:

All the content of the APP, including but not limited to the texts, photographs, graphs, images, icons, technology, software, source and object codes, links and other audio-visual material and graphic design (hereinafter the CONTENT) are the property of MONDRAKER or third parties (i.e. information in Google Maps, Facebook or Strava that is not the property of MONDRAKER) and the USER of the APP hereby undertakes to respect and refrain from tampering with or copying said Content. 

The operating rights to the works property of MONDRAKER and third parties set forth in the currently applicable regulations on copyright shall under no circumstances be transferred to the USER. Accordingly, access to the APP shall not be interpreted as conferring rights over the registered trademarks, patents, trade names and/or logos that appear in the same, nor as granting permission or licence of any kind to use said elements or exercise the associated rights.

Furthermore, copying, reproduction, adaptation, amendment, distribution, marketing, public dissemination and/or any other action that involves an infringement of the current Spanish and/or international regulations on intellectual property are strictly forbidden and the contents (property of MONDRAKER) of the APP may not be used in any way whatsoever without the prior written consent of MONDRAKER.

Any unauthorised use of the Content (property of MONDRAKER) of the APP shall constitute an infringement of the intellectual property and unfair competition-related legislation and any other applicable regulations. MONDRAKER will take the appropriate legal action under the civil and/or criminal codes against any natural or legal person that infringes or breaches its intellectual property rights. 

6. Privacy and data protection policy:

MONDRAKER has implemented a privacy and personal data protection policy that governs the way we collect, process and store data of a personal nature. This policy can be accessed here (https://www.mymondraker.com/legal; https://www.mymondraker.com/policy).

7. Disclaimer:

By accessing the APP, the USER acknowledges that use of the same and its contents is carried out under their sole responsibility. Specifically, MONDRAKER declines all responsibility operation of the APP including — but not limited to — the following aspects:

● Failures of the APP related to its operation, availability, services, content, quality or interoperability at all times.

● The extent to which the APP serves the USER’s aims or objectives.

● Any infringement of the currently applicable legislation by the USER or any third party and specifically of the intellectual property rights owned by other natural or legal persons.

● The existence of malicious codes or any other detrimental digital element that could cause loss or damage to the information processing system of the USER or to third parties. The USER is solely and exclusively responsible for protecting their own information technology equipment from these kinds of menace.

● Fraudulent access to the content and/or services by unauthorised third parties or, as required, collection, deletion, alteration, amendment or tampering with messages or notifications of any kind that may be carried out by said unauthorised third parties.

● The accuracy, veracity, updatedness and usefulness of the content and services provided and the subsequent use that the USER may make of the same. MONDRAKER will take all reasonable measures and provide the means to use up-to-date, reliable information.

● Damage to information processing equipment during access to the APP and damages caused to USERS that originate in failures or disconnections in the telecommunications networks and which interrupt the services provided by the APP.

● Loss and damage arising from unforeseeable circumstances or force majeure.

8. Jurisdiction:

These Terms and Conditions shall be governed by Spanish law. The parties hereby agree that any discrepancy or conflict that may arise in relation to the APP, its services and/or its content shall be submitted to the judgement of the law courts of the city of Alicante.

3. PRIVACY POLICY 

1. Basic information on data protection:

2. Additional Information:

2.1. Identification and contact details of the Data Controller:

BLUE FACTORY TEAM S.L.U. Address: C/ Nicolás Copérnico 4, 3203 Elche (Alicante) Spain. Tax I.D: (CIF): B-53789822 and  Email mymondraker@mondraker.com.

Data Protection Delegate: Mr. Alfonso Ortega Giménez, acting in the name and representation of the commercial company "NEW COEX, S.L.", with C.I.F B-42648840 and address at Avenida de la Universidad, s/n, (UMH- Parque Científico y Empresarial, edificio Quórum III), 03202 Elche, Alicante, Spain. 

2.2. Purpose of processing USERS’ data of a personal nature:

We will process your personal data provided through the user registration form and your personal profile for the following purposes:

● To address requests for information by the USERS. 

● To conduct quality surveys. 

● For digital control of the APP to prevent breaches of data security including the capability to collect the personal data of browsers.

● To protect our rights or respond to claims of any kind.

● For marketing purposes. On certain occasions, MONDRAKER will use the personal data provided to send marketing communications by means of various platforms. However, we will explicitly request your consent when the law so requires. If we send you this kind of material, we will also include instructions on how to remove your data from our distribution lists. 

The legal basis for processing of your personal data by MONDRAKER is:

● The consent of the Data Subject to: 

▪ Reply to queries, complaints or incidents sent to us by the Data Subject through the "Contact" forms contained in the APP.

▪ To send material related to the services provided by MONDRAKER.

▪ To send commercial and advertising information.

Refusal to provide your data of a personal nature will make it impossible to process your data for the above purposes. 

• Legal obligation applicable to the Data Processor:

MONDRAKER must process your data to comply with a legal duty imposed by the legal system. The obligation to provide tax-related data to the Spanish Tax Agency (AEAT), for example. 

In this case, the consent of the Data Subject to process their personal data is not required. 

In certain cases, it will be necessary to process your data to satisfy legitimate interests pursued by the Data Processor provided that it prevails over the interests or fundamental rights and freedoms of the Data Subject that require protection of the latter’s personal data.  The following instances of data processing will be conducted on the basis of our legitimate interest:

✔ Digital control of the APP to prevent breaches of data security. 

✔ To verify your identity or the information you provide us for provision of a service that you have requested or acquired.

✔ To manage your data and provide them to external suppliers to ensure the proper operation of our business, as required.  

✔ To improve our services and your experience in browsing and using the APP platform. 

✔ To protect our rights or respond to claims of any kind.

2.3 Data retention times and criteria

The personal data provided by USERS will be stored in accordance with the following criteria: 

● For the time required to fulfil the purposes for which they were initially collected.

● Once the data is no longer required for the aforesaid reason they shall be stored, duly blocked, to be made available to the competent public and judicial authorities for the limitation period of legal actions that may derive from the relationship with the customer and/or the custody periods established by the applicable legislation.

The custody periods of the data of a personal nature shall be governed by the provisions of the specific regulations.

2.4 Automated decisions and profiling

MONDRAKER does NOT subject your data to automated decisions based on applied logic or profiling.

2.5 Recipients

MONDRAKER will NOT transfer the USER’s data to recipients outside Spanish territory, reveal names, email addresses or personal information of USERS other than the nickname that the USERS themselves decide to use in their public profile.

Without prejudice to the above, during the period in which we may process your personal data, MONDRAKER may provide the same to governmental bodies, law courts, police and official security forces and the competent authorities in general when the Data Controller is legally obliged to do so. 

2.6 Rights

Data Subjects whose personal data is processed by MONDRAKER may exercise their right to be informed, of access, of rectification, of erasure, to restrict processing, of data portability (where technically possible), to object to automated decision-making and profiling and to withdraw their consent (as required) to processing at any time completely free of charge.  

To do so, you can use the "Contact" form on the APP or send a written request to MONDRAKER’s postal or email address first written above. 

The request must contain at least the following: 

● A photocopy of your I.D. (NIE or passport) or equivalent document to prove your identity.  

● The purpose of your request, i.e. the right you wish to exercise. 

If you consider that your rights with regard to the protection of your personal data are being infringed, especially if you have failed to obtain satisfaction in the exercise of your rights, you may lodge a complaint with the competent Data Protection Authority (Agencia Española de Protección de Datos) on its website: www.agpd.es.

2.7 Origin and veracity of the data

You, as a User, are the direct source of the personal data processed by MONDRAKER.

We process the following data:

● Identification data

● Identification codes or keys

● Age and nationality

● Postal or email addresses

● Profile picture 

● Location, routes, activity data: duration, distance, altitude, jumps, number of bottom-outs and shock absorber travel.

● List of recent activities (including activity type)

● MONDRAKER bike model used in the activities.

The USER hereby guarantees that the data provided is true, accurate, complete and up-to-date and agrees to notify MONDRAKER, through the channels enabled for this purpose and set forth in point one above, of any change in the data provided. You will be responsible for any direct or indirect loss and damage that could derive from failure to comply with this obligation.

If you provide data pertaining to third parties, you hereby declare that you have obtained the consent of the third-party data subject and undertake to inform the same of the provisions of this clause and to hold MONDRAKER harmless from any liability deriving from failure to comply with this duty.

4. COOKIE POLICY 

In compliance with the provisions of article 22.2 of Act 34/2002 of 11 July on Services of the Information Society and Electronic Commerce (in conjunction with the provisions of Organic Law 3/2018 of 5 December on protection of personal data and guarantee of digital rights — LOPDGDD — and the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation), the USER shall be informed on the Data Controller’s policy regarding placing and treatment of cookies.

Cookies are necessary to enable you to access and browse our APP or use its services and to ensure that your experience as a USER is as satisfactory as possible. 

Provided that we obtain the USER’s consent, which may be granted by clicking on the "Accept all cookies" tab to be found in the informative banner, the APP will use cookies that enable us to obtain information about the USER's preferences that we will use to customise the APP in a manner consistent with the USER’s particular interests. We also provide you with the option of setting up the application cookies and to reject those that are not strictly necessary for proper technical operation of the APP.

1. What are cookies?

Cookies are small files that are installed on your computer when you access certain websites/apps. Among other things, cookies enable a website to store and retrieve information about the browsing habits of a user or their terminal device and which, depending on the information they contain and the way the device is employed, can be used to recognise the user.

The following are the specific uses we make and information we collect with this technology:

● Obtain the date and time of the last visit the USER made to our APP.

● The content design that the USER selected on his/her first visit to our APP.

● Security components used to control access to restricted areas of the platform.

● The number of visits, page views, IP address, etc. to enable us to dispose of aggregated statistics and reports for the maintenance and improvement of the APP.

● Number of visits, page views, IP address and conversion tracking parameters to customise the USER’s browsing experience.

We respect the privacy of our users at all times. Cookies enable us to analyse the USER’s activity to improve our APP. We do not share personal data or information concerning the activities of our Users.

If you do not wish to have cookies on your terminal device you must either block all cookies or selectively reject those that you do not want to be active during your session in the APP.

MONDRAKER uses the following cookies on the APP:

Browsers are subject to continuous updates or modifications and for this reason MONDRAKER cannot guarantee that the information provided in the links (provided above) is fully consistent with the version of your browser. 

Disabling cookies does not prevent browsing on the APP but it may limit the use of some services and the USER's browsing experience will be less satisfactory than it would be with cookies.

You may withdraw your consent at any time by writing to mymondraker@mondraker.com

For further information on the APP's Cookies Policy the USER can contact MONDRAKER at the following  email address: mymondraker@mondraker.com

5. FINAL COMMENTS

A. In relation to the LEGAL NOTICES AND PRIVACY POLICY

● It is important to display them in an easily accessible, clearly visible place on the APP and that they contain all the required data.

● In relation to harmonisation with the new General Data Protection Regulation (GDPR) and its transposition into Spanish law, the purposes for which we collect and process personal data must be included. Consequently, as we have already noted, PADIMA is not in charge of implementing the changes that the new regulations on management of data of a personal nature entail, but we do check that they are properly included in the APP’s legal notices and are indicated in the basic skeleton of the same. 

B. With respect to the COOKIES POLICY

A BANNER with information about cookies must appear in a clearly visible place the first time a USER accesses the APP. The purpose of this banner is to notify the USER that the APP uses cookies, to provide a link to the Cookies Policy and to give the User the option of rejecting cookies and/or configuring which ones to accept, even if this limits their access and ability to browse on the APP. The type of cookie used and their purpose must also be concisely described.

Suggested text: 

“MONDRAKER uses first-party and third-party cookies to improve your browsing experience and customise your content. You can find further information here.

ACCEPT/CONFIGURE/REJECT”

Once the banner has been accepted it will not appear again when the USER accesses the APP since the cookies will now be expressly set up. 

The banner will not disappear if the USER fails to respond to it and it shall not be assumed that failure to accept the banner implies tacit acceptance of the use of cookies.

July 2020.

PADIMA