1. Introduction

1.1. KYMCO USA, Inc. and its subsidiaries (collectively, “KYMCO”) have created this privacy policy (“Privacy Policy”) in order to communicate their policies and practices relating to the collection, use and disclosure of information about you obtained on the websites operated by KYMCO (“KYMCO Websites”). This Privacy Policy does not apply to any information about you that KYMCO may have obtained by other means, for example as part of a warranty registration. You should contact KYMCO to obtain its policies and practices in relation to the collection, use and disclosure of such information.

1.2. Please read KYMCO’s Privacy Policy carefully. KYMCO may change or update this Privacy Policy periodically; see Section 8, “Changes and Updates to Privacy Policy.” You can view the most current version of the Privacy Policy at any time by clicking on the hyperlink labeled “Privacy Policy” located on each page of the KYMCO Websites.

1.3. If you decide to use any KYMCO Website, you consent to the collection, use and disclosure of your information, including personal information, by KYMCO under the terms described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, or any modifications to this Privacy Policy, you are not authorized to use any of the KYMCO Websites and should not do so.

2. What Information Does KYMCO Collect?

2.1. You may access certain areas of the KYMCO Websites without providing any information to KYMCO. KYMCO may, however, collect non-personal information about you, as described in Section 5, “Cookies.”

2.2. In order to become a registered user of the KYMCO Websites, you will need to provide information as part of the registration process, including your name, address, telephone number, birth date, and email address. If you choose to purchase any products or use services offered on the KYMCO Websites, KYMCO may ask you to provide your name, mailing address, telephone number and email address, as well as certain financial information (e.g., credit card number) for the purposes of credit checks, payment and processing of any order; see Section 4.2.

2.3. From time to time KYMCO may include surveys, information requests or other features on the KYMCO Websites which ask you to provide personal information such as your name, telephone number, email address or mailing address. Any information you may provide will be used by KYMCO to allow you to participate in the particular feature being offered. KYMCO may also retain any information you provide in order to send you information about KYMCO’s products and services that may be of interest to you. KYMCO will provide you with the opportunity to opt-out of receiving such communications; see Section 3.2, “Receiving Communications; Opt-Out.”

2.4. From time to time, KYMCO may offer sweepstakes, games and other contests on the KYMCO Websites either by itself or in conjunction with a third party partner. You may be asked to provide your name, mailing address and/or email address and date of birth, as well as certain other information on an optional basis (e.g., your gender, annual household income or other types of vehicles that you have purchased), in order to participate in such sweepstakes or contest. This information may also be used by KYMCO or its third party partner to send you information about KYMCO’ or such third party partner’s products and services in the form of an email or regular mail communication or a telephone call. KYMCO will provide you with an opportunity to opt-out of receiving such communications from KYMCO each time you receive such a communication; see Section 3.2, “Receiving Communications; Opt-Out.” However, KYMCO does not control, and shall not be responsible for, the privacy policies or practices of its third party partners; see Section 4.1, “Disclosure of Your Information.” If you no longer wish to receive such communications from any third party partner of KYMCO in a sweepstakes or other contest that you may enter, you will need to contact such third party partner directly; see Section 3.2; “Receiving Communications; Opt-Out.”

2.5. Third parties may offer products and services on the KYMCO Websites and collect information about you by requesting certain information necessary to provide a particular product or service (including, for example, insurance coverage for your KYMCO products or reports of insurance claims). KYMCO may also obtain certain information about its users from third party customer research groups (e.g., demographic information) which KYMCO uses to learn more about its customers. KYMCO does not control the policies and practices of third parties in relation to the use and disclosure of any information about users collected by third parties on the KYMCO Websites or in market research programs conducted by such third parties and any use or disclosure of such information by third parties is not governed by this Privacy Policy.

3. Receiving Communications; Opt-Out

3.1. KYMCO provides you with the opportunity to receive information by email, regular mail or telephone calls from KYMCO, or third parties which may be of interest to you, including information relating to new products and services offered on the KYMCO Website by KYMCO, or other third parties.

3.2. If you do not want to receive any information by email, regular mail or telephone calls, you may opt-out of further communications provided by KYMCO at any time by: (i) sending KYMCO an email at [email protected]; or (ii) writing to KYMCO at KYMCO USA, Inc., 5 Stan Perkins Road, Spartanburg, SC 29307, Attention: Webmaster. Please note that KYMCO can only comply with requests relating to email, regular mail or telephone communications provided by KYMCO. If you no longer wish to receive further information by email, regular mail or telephone from any third party, you will need to contact such third party directly to opt-out of further communications being provided to you.

4. Disclosure of Your Information

4.1. KYMCO may disclose information, including personal information provided by users to KYMCO, to third parties who provide services on or to the KYMCO Websites. KYMCO does not control the policies or practices of third parties to which KYMCO discloses information about KYMCO’s users and any use or disclosure of such information by third parties is not governed by this Privacy Policy. Third parties may also use or disclose information you provide on any website which is linked to the KYMCO Website, or which third parties may collect using cookies or similar devices on such websites, as described in Section 6, “Links.”

4.2. To verify your information, approve your registration as a user of the KYMCO Websites, authenticate payments and process orders, KYMCO may disclose certain financial and other information you provide to KYMCO to third parties offering products and services for sale on the KYMCO Websites, as well as to third parties that provide credit reporting, payment or order fulfillment services.

4.3. You may submit information about new clubs related to KYMCO products or stories and photographs for inclusion in KYMCO’s online scrap book. Any information you submit to KYMCO for posting on the KYMCO Websites may be available to the public and may be collected and used by persons other than KYMCO. You should not submit to KYMCO any information that you do not want others to know. KYMCO does not routinely monitor these areas of the KYMCO Websites, and you submit such information to KYMCO for posting only at your own risk.

4.4. KYMCO may disclose your information if we believe in good faith that such disclosure is necessary to comply with applicable law, a subpoena or other legal process. KYMCO may also disclose such information as is necessary to identify, contact or bring legal action against a person or entity who may be violating any agreement to which such person or entity and KYMCO are a party, or who may be causing injury to, or interfering with, other users of the KYMCO Websites, or other third parties who may be harmed by such activities. In the event that KYMCO, or all or part of its assets, are acquired by a third party, user information may be included in the transferred assets.

5. Cookies

5.1. KYMCO uses cookies and similar devices on the KYMCO Websites to track orders you may make in purchasing products on the KYMCO Websites, to facilitate site-navigation and to customize the information that appears on the KYMCO Websites. KYMCO also uses cookies and similar devices to collect non-personal information about users of the KYMCO Websites, such as a user’s IP address, the type of web browser and operating system being used and/or the pages of the website a user visits. KYMCO collects this information in order to process online purchases, to monitor usage of the KYMCO Websites and to improve aspects of the websites, or to allow a third party to conduct such activities on KYMCO’ behalf.

5.2. Most browsers accept cookies automatically, but can be configured not to do so or to indicate when a cookie is being sent. We recommend that you do not disable your browser from accepting cookies, as it will prevent you from moving freely from page to page and from taking advantage of all of the features of KYMCO Websites, including accessing secure areas of the KYMCO Websites and purchasing KYMCO products on the KYMCO Websites.

6. Links

The KYMCO Websites contain links to other third party websites, including websites operated by KYMCO’ corporate partners, as well as club and enthusiast websites related to KYMCO’ products. KYMCO has no control over the content, policies or actions of these websites, even if you are offered products or services on those websites because you are a registered user of the KYMCO Websites, or have purchased products or used services offered by KYMCO. The use of any information you may provide to third parties on other websites, or which such parties may otherwise collect on other websites, is not governed by this Privacy Policy. You should carefully review the privacy policies of any third party websites and contact the operators of those websites if you have any questions about their use of your information. KYMCO cannot be responsible for any third party, or its affiliates or agents, failing to use your information in accordance with such third party’s privacy policy, or any contractual or other legal obligations to which such third party, its affiliates or agents, may be subject.

7. Security

KYMCO has implemented security measures to protect personal information provided by you against unauthorized access and use. KYMCO also uses commercially reasonable efforts to establish secure connections with your web browser for any transactions conducted online using a credit card or other financial information you may provide to KYMCO. Please be aware, however, that no data transmission over the Internet is 100% secure and any information disclosed online can potentially be collected and used by parties other than the intended recipient.

8. Changes and Updates to Privacy Policy

By using the KYMCO Websites, you consent to the collection, use and disclosure of your information as described in this Privacy Policy. This policy reflects KYMCO’s current business practices, and is subject to change and update. In the event of any such change or update, a revised policy will be posted on the KYMCO Websites, with the last date of update noted on the bottom of the page. Please check the KYMCO Websites periodically to remain informed of any changes or updates to KYMCO’ privacy policies and practices. If KYMCO intends to disclose personal information collected from users of the KYMCO Websites to third parties in a manner that is not already outlined in this Privacy Policy, KYMCO will first notify you by email, and provide an opportunity to opt-out of any such use or disclosure of such information.

9. Changes and Access to Personal Information

You may ask KYMCO to correct, update or delete information you have provided to KYMCO by: (i) sending KYMCO an email at [email protected]; or (ii) writing to KYMCO at KYMCO USA, Inc., 5 Stan Perkins Road, Spartanburg, SC 29307, Attention: Webmaster. You should be sure to provide KYMCO with any updates and changes to your personal information, including your email address. Unless otherwise required by law, KYMCO will retain in its archives, and may use, any communications sent by you and/or any information you have provided to KYMCO even after you cease to be a registered user of the KYMCO Websites, or to otherwise use the KYMCO Websites.

10. Contact Us

If you have any questions about KYMCO’s privacy policies and practices, please feel free to contact us by email at [email protected] or by writing to us at KYMCO USA, Inc., 5 Stan Perkins Road, Spartanburg, SC, 29307.