Last Updated: February 24, 2023
- Our websites, including www.microvast.com, www.microvastenergy.com and each of their respective subdomains (collectively, the “Site”);
- Our communications with employees, clients or representatives of our organizational clients (i.e., the individuals and organizations to whom we provide services);
- Our marketing communications;
- Any online activities owned, operated, provided or made available by us; and
- Any other contexts, including events or other offline activities, where we may post, link to or otherwise direct attention to this Policy.
We refer to our Site, communications, online and offline activities, services and operations, collectively, as the “Services.”
While reviewing this Policy, here are a few important things to keep in mind:
- “Personal Information” means information that, alone or when in combination with other information, may be used to readily identify, contact or locate you, such as name, address, e-mail address or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
- This Policy does not apply to Personal Information that you disclose publicly, share with others or otherwise upload that we handle on your behalf in providing Services to you.
We reserve the right to modify this Policy at any time. If we make any material changes to this Policy, we will provide notice that changes have been made to this Policy by updating the “Last Updated” date at the top of this Policy and posting it on the Site. While we may also provide notification of changes in another way that we believe is reasonably likely to reach relevant individuals, such as via e-mail or through the Services, you are responsible for ensuring that we have an up-to-date active and deliverable e-mail address for you and for periodically visiting our Site and this Policy to check for changes.
Any modifications to this Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, continued use of the Services after the posting of any modified Policy indicates understanding and acceptance of the terms of the modified Policy.
PLEASE REVIEW THE FOLLOWING CAREFULLY SO THAT YOU UNDERSTAND OUR PRIVACY PRACTICES.
All data is stored in the U.S. and subject to U.S. laws, but depending on the laws applicable to you, you may benefit from additional specific rights. We provide important information for residents of California in the “Notices to Residents of California, U.S.A.” section and for residents of Europe in the “Notices to Residents of Europe (including Switzerland and the UK)” section.
1. Personal Information We Collect
We generally collect information from the following sources: provided to us directly by you, collected through automated technologies and collected from a third party.
Information you provide to us. Personal Information that we collect directly from you through the Services or otherwise may include:
- Contact data, such as first and last name, e-mail and mailing addresses, phone number(s), professional title and company name;
- Communications, such as information provided when you contact us with questions, feedback or otherwise correspond with us.;
- Demographic information, such as region; and
- Registration data, such as the information provided to register for IR news releases, events and products. You may also provide other optional information.
Information we collect automatically. We and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information may include:
- Device data, such as IP address, browser type, the URL that referred you to our Services, all the areas with our Services that you visit, the time of day or other unique identifier (“Device Identifier”) for your computer, mobile or other device used to access the Services (any, a “Device”). A Device Identifier is a number that is automatically assigned to your Device, and our computers identify your Device by its Device Identifier;
- Online activity and usage data, such as information about use of and actions on the Site or within the Services, including pages or screens viewed, time spent on a page or screen, navigation paths between pages or screens, access times, length of access and other information about online activity while using the Services; and
- E-mail open and click data, such as IP address and other information about people who open marketing e-mails from us or click on any links provided in our marketing e-mail.
Information from third parties. We may, from time to time, supplement the information we collect about you through the Services with Personal Information about you from other sources, such as:
- Publicly available sources, including social media platforms;
- Information services; and
- Business partners, such as joint marketing partners.
2. How We Use Information
We require this information to understand your needs and provide you with better Services, in particular for the following reasons:
This means we may:
- contact you;
- create a profile about you to help us understand you as a customer and tailor the communications we send you;
- try to identify products and services you might be interested in; and
- tell you about other products and services you might be interested in.
Service delivery and business operations. We use your Personal Information or Usage Information that we collect about you for the purpose of providing the Services, as well as:
- To operate and improve the Services;
- To communicate with you about the Services, including by sending announcements, updates, security alerts and support and administrative messages;
- To communicate with representatives of our clients and other individuals in connection with providing, operating and improving the Services;
- To respond to requests, questions and feedback;
- To perform other internal business operations;
- To carry out our legal obligations and enforce our rights, including for billing and collection; and
- In any other way that we may describe when you provide such information.
Research and development. We may use Personal Information to analyze and improve the Services and our business and operations, such as including Personal Information in our data analytics.
Marketing. We may send announcements about us, information about online or mobile entry sweepstakes or other promotions and other marketing communications as permitted by law. We may also use Usage Information to enhance our ability to serve you, to tailor our content to you and to offer you incentives and opportunities to purchase products or services that we believe may be of interest to you.
To comply with applicable law. We may use and share Personal Information and disclose it to law enforcement, government authorities and private parties as we believe necessary or appropriate to comply with applicable laws, lawful requests and legal processes, such as to respond to subpoenas or requests from government officials.
For compliance, fraud prevention and safety. We may share Personal Information and disclose it to law enforcement, government authorities and private parties as we believe necessary or appropriate to: (i) protect our or others’ rights, privacy, safety or property (including by making and defending legal claims); (ii) audit our internal processes for compliance with legal and contractual requirements; (iii) enforce the terms and conditions that govern the Services (including by investigating potential violations thereof); and (iv) detect, prevent or otherwise address fraudulent, harmful, unauthorized, unethical or illegal activity, including cyber attacks and identity theft; or prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Further, we may use IP addresses or other Device Identifiers to identify users and may do so in cooperation with third parties, such as copyright owners, internet service providers, wireless service providers and law enforcement agencies, including disclosing such information to third parties, to protect against potential or actual infringements or other violations of intellectual property. Such disclosures may be carried out without notice to you.
With consent. In some cases, we may specifically ask for consent to collect, use or share Personal Information, such as when required by applicable law.
To create anonymous data. We may create aggregated, de-identified or other anonymous data from any Personal Information we collect. We may make Personal Information into anonymous data by removing information that makes the data personally identifiable to any specific person. We may use this anonymous data and share it to third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.
3. How We Share Collected Information
We do not sell, share, rent or trade the information we have collected about you, including Personal Information, with third parties without consent, except in the following circumstances or as described elsewhere in this Policy.
Service providers. We may share Personal Information with third-party companies and individuals that provide services on our behalf or help us operate the Services or our business (such as IT, hosting, designing or operating the Services’ features, tracking the Services’ analytics, processing payments, human resource services, e-mail delivery, marketing, event management or other administrative services). Our service providers are obligated to protect the confidentiality of Personal Information and are only permitted to use the Personal Information to provide services to us. Please note that while we do not share Personal Information with analytics service providers, they may set and access their own cookies, web beacons and embedded scripts on your Device, and they may otherwise collect or have access to information about you, including non-personally identifiable information.
Professional advisors. We may share Personal Information with professional advisors, such as lawyers, auditors and insurers, where necessary in the course of the professional services that they render to us.
To comply with applicable law. We may share Personal Information as we believe necessary or appropriate to comply with applicable laws, lawful requests and legal processes, such as to respond to subpoenas or requests from government authorities.
For compliance, fraud prevention and safety. We may share Personal Information and disclose it to law enforcement, government authorities and private parties as we believe necessary or appropriate to: (i) protect our or others’ rights, privacy, safety or property (including by making and defending legal claims); (ii) audit our internal processes for compliance with legal and contractual requirements; (iii) enforce the terms and conditions that govern the Services (including by investigating potential violations thereof); and (iv) detect, prevent or otherwise address fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft; or prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Further, we may use IP addresses or other Device Identifiers to identify users and may do so in cooperation with third parties, such as copyright owners, internet service providers, wireless service providers and law enforcement agencies, including disclosing such information to third parties, to protect against potential or actual infringements or other violations of intellectual property. Such disclosures may be carried out without notice to you.
Based on instructions. We may share your Personal Information with third parties at your instruction or request or with your consent. If you do agree to have your Personal Information shared, your Personal Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policies and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive such information from them. If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.
Business Transfer. We may share your information, including your Personal Information and Usage Information, with our subsidiaries and affiliates for internal record-keeping and to improve the Services. We may also disclose and transfer all such information to a subsequent owner, co-owner or operator of the Services or applicable database, or in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our shares or assets or other corporate change, including, during the course of any due diligence process.
We may disclose aggregated, deidentified or otherwise anonymous data about our users, which does not identify any individual, without restriction.
4. Individual Choices
Review Personal Information and request changes. If you have registered with the Services or have an account through the Services, you can review and change your Personal Information on your user account.
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration and any Submissions. If your Personal Information changes, or if you no longer desire our Services, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through our support page.
Please understand that we may not be able to alter or delete Personal Information if we are required under applicable law to maintain that information. We are also not obligated to comply with requests that are illegal or unreasonably burdensome or expensive, or with requests that would interfere with the rights of another individual. In addition, we may not be able or obligated to provide access to Personal Information in cases where we hold and process Personal Information on behalf of one of our clients.
Individual rights. Some individuals may have certain rights under applicable laws, with respect to their Personal Information. These may include rights to access, correct or delete Personal Information, portability rights or rights to object or restrict to certain processing of Personal Information. For those who wish to exercise rights they hold under applicable law, please contact us as directed by the “How to Contact Us” section. We will process requests as required under applicable laws. Please note that we may take steps to verify the identity of the person who submits a request in order to protect Personal Information.
Please understand that not all individuals hold rights with respect to Personal Information and that laws granting such rights may not apply to us. We are also not obligated to comply with requests that are illegal or unreasonably burdensome or expensive, or with requests that would interfere with the rights of another individual. In addition, we may not be able or obligated to accommodate the exercise of rights with respect to Personal Information in cases where we hold and process Personal Information on behalf of one of our clients.
Opt-out of marketing communications.
You may cancel or modify your marketing-related communications that you have elected to receive from the Services by following the instructions contained in our e-mails or other communications or by logging into your user account and changing your communication preferences. If you opt out of marketing communications, you may continue to receive service-related, account-related or other non-marketing e-mails.
Cookies. Internet browsers may be configured to reject or disable cookies, as described in browser documentation. Please understand, however, that rejecting or disabling cookies may affect one’s experience of the Site or interfere with the ability to access areas or functions of the Site.
Online advertising. We do not track our customers over time and across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know that you do not want to be tracked.
Declining to provide information. One can always decide not to provide Personal Information. However, we need to collect Personal Information to provide certain Services. If we do not collect the information requested, we may not be able to provide those Services.
A few of the methods that may be used to collect Usage Information include, without limitation, the following (and subsequent technologies and methods hereafter developed):
Cookies. A cookie is a small file that asks permission to be placed on your computer’s hard drive. Once you consent, the cookie file is added, which helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes, and dislikes by gathering and remembering your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our Site. We only use this information for statistical analysis, and the data is removed from the system.
Overall, cookies help us provide a better online experience by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you other than the data you choose to share with us. You can decline cookie files on our cookie consent form.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as pixel tags and clear GIFs) may be included in our Site and messages. The web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track your online movements. In contrast to cookies, which are stored in your computer hard drive, web beacons are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. Web beacons help us better manage content on our Services by informing us what content is effective, count users of the Services and track the actions of users of the Services (including e-mail recipients). We do not tie the information gathered by web beacons to your Personal Information.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to the Services and is deactivated or deleted thereafter.
We may combine the information we receive from those sources with information we collect through the Services. In those cases, we will apply this Policy to any Personal Information received, unless we have disclosed otherwise.
We use Google Analytics to constantly improve your browsing experience on our Site. To opt out of Google Analytics data collection, you will need to remove all cookies which begin with two underscore characters. Examples include:
Removing a cookie. Removing a cookie varies depending on which browser you are using.
- To remove a cookie, click on the page you are looking at and select ‘View Page Info.’ A dialogue window will then open. Choose the security tab from the top of the window and then choose ‘View Cookies.’ You are then able to remove any cookies you wish from your machine. To prevent cookies from being set on your device, choose ‘Menu->Options.’ A dialogue window will open. Choose ‘Privacy’ from the tabs at the top and select the checkbox that says ‘Do not allow sites to track.’
- Internet Explorer.To prevent a current page from tracking, choose ‘Tools -> Safety -> Tracking Protection.’ From here, you can set your preferences for analytics tracking. Choose ‘Tools -> Internet Options -> Privacy.’ You can select your preferences for the types of cookies you will accept and from where.
- To prevent tracking choose ‘Tools -> Preferences -> Security’ and select your preferences from the ‘Accept Cookies’ section.
- To manage your cookie options in Google Chrome, choose ‘Tools -> Settings -> Advanced Options -> Privacy -> Content Settings.’ Then choose the options you want for cookies on your machine and select ‘Ok’ to save.
5. Third Party Content and Links to Third Party Services
Our Site may contain links to other websites of interest, and those websites may collect website usage information and your Device Identifier when web pages from any online Service are served to your browser. However, once you have used any of these links to leave our site, you should note that we do not have any control over such other websites. Therefore, we cannot be responsible for the protection and privacy of any information you provide while visiting such websites. This Policy does not govern such websites. You should exercise caution and look at the privacy policies and procedures applicable to the website in question.
6. Children’s Personal Information
No part of the Services is directed towards children under the age of 13, and we do not knowingly collect, maintain or use Personal Information from children under the age of 13.
If you learn that your child has provided us with Personal Information without your consent, please contact us as directed by the “How to Contact Us” section. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account in compliance with the Children’s Online Privacy Protection Act (COPPA).
7. Security of Your Information
We are committed to ensuring that your information is secure. We have implemented measures to secure the Personal Information and Usage Information we collect within our databases. To prevent unauthorized access or disclosure, we safeguard and secure the information we collect online via electronic and managerial procedures.
We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of our processing as well as the risk of varying likelihood and severity to your rights and freedoms. Unfortunately, the Internet can never be 100% secure and we cannot ensure or warrant the security of any information you provide us. We do not accept liability for unintentional disclosure and any information you transmit to is, you do so at your own risk. We recommend that you not disclose your passwords to anyone. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
We will retain your Personal Information and Usage Information for as long as your account with the Services is active or as needed to provide you Services. Even after your account is terminated, we may retain your Personal Information and Usage Information as needed to comply with our legal and regulatory obligations, resolve disputes, investigate or prevent fraud and other inappropriate activity, to enforce our agreements and for other business reasons.
8. International Data Transfers
We maintain offices and facilities in the United States, and Personal Information may be transferred to the United States or other locations outside of your state, province or country of residence, where privacy laws may not be as protective as those in the state, province or country where you reside.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information, you consent to any transfer and processing in accordance with this Policy.
9. How to Contact Us
Please direct any questions or comments about this Policy or our privacy practices to [email protected] We can also be contacted via postal mail at:
Microvast Holdings, Inc.
12603 Southwest Freeway, Suite 300
Stafford, Texas 77477
10. Notices to Residents of California, U.S.A.
This section applies to California residents and outlines an individual’s rights and choices with respect to our processing of an individual’s personal data under the California Consumer Privacy Act (CCPA).
For business purposes, in the last 12 months, we may have collected, used and shared personal data about individuals as described in this Policy. To learn more about the personal data we collect, including the specific pieces of personal data collected, sources of collection, our purposes for collection and the categories of service providers with whom we share personal data, please see the “Personal Information We Collect”, “How We Use Information” and “How We Share Collected Information” sections of this Policy.
We do not sell personal data for business or commercial purposes.
Consumer Rights. The CCPA grants California consumers certain rights in connection with the personal data collected by businesses, as described below:
- Right to Know. Any person has the right to know the categories and specific pieces of personal data we have collected about them in the previous 12 months.
- Right to Deletion. Any person has the right to request that we delete any personal data we have collected about them.
- Right to Request Information. Any person has the right to request information about our collection, sale and disclosure of their personal data from the previous 12 months.
- Right to Opt-out of the Sale of Personal Data. Any person has the right to opt-out of the sale of personal data we have collected about them. As of the date of this Policy, we do not sell personal data.
- Right to Non-Discrimination. Any person has the right to not receive discriminatory treatment for exercising any rights of a person under the CCPA. We will not treat any person differently for exercising any of the rights described above.
Exercising Individual Rights. To exercise any of the CCPA rights described above, please contact us as directed by the “How to Contact Us” section. We will fulfill requests within 45 days of receiving a request. Some of these rights may be subject to limitations and qualifications, such as where fulfilling the request would conflict with federal, state or local law, regulatory inquiries, subpoenas or our ability to defend against legal claims.
We will verify a request using the individual’s e-mail address. If an individual has created an account with us, we will also verify their request using the information associated with their account, including billing information. Government identification may be required. We cannot respond to an individual’s request if we cannot verify their identity and/or authority to make the request on behalf of another and confirm the personal data relates to them. Making a verifiable consumer request does not require any person to create an account with us.
If an individual wishes to use an authorized agent to submit a request to opt-out on their behalf, they must provide the authorized agent written permission signed by them, the consumer. We may deny a request from an authorized agent if the agent cannot provide to us the individual’s signed permission demonstrating that the agent has been authorized to act on their behalf.
11. Notices to Residents of Europe (Including Switzerland and the UK)
This section applies to individuals located in the European Economic Area (the “EEA”), the United Kingdom (the “UK”) or in Switzerland and outlines additional information about a person’s rights and choices regarding our processing of their personal data under the Generic Data Protection Regulation (“GDPR”) or equivalent laws in Switzerland and the UK.
Legal Basis. We collect and process personal data about a person only where we have a legal basis for doing so under applicable data protection laws. Our legal bases for processing personal data include:
- With a person’s consent. Where appropriate or legally required, we collect and use personal data about a person subject to their consent (e.g., where legally required for direct marketing activities or to provide the Services);
- Performance of contract. We collect and use personal data about a person to contract with a person or to perform a contract that a person has with us;
- To protect the legitimate interests of us, a person or other parties. We process personal data for our legitimate interests, such as to improve our Services, deliver content, optimize a person’s experience, market our Services, provide appropriate security for the Services and to protect an individual, us and other third parties; and
- Where necessary for compliance with laws. We may process personal data about a person: (i) as required by law, such as to comply with a subpoena or similar legal process; (ii) when we believe in good faith that disclosure is necessary to protect our rights or property, to protect an individual’s health and safety or the health and safety of others; (iii) to investigate fraud or respond to a government request; or (iv) if we are involved in a merger, acquisition or sale of all or a portion of our assets.
Data Subject Rights. A person has certain rights related to the personal data we hold about them in our capacity as “controller.” Some of these rights may be subject to limitations and qualifications including when: (i) fulfilling an individual’s request would adversely affect other individuals, company trade secrets or intellectual property; (ii) there are overriding public interest reasons; or (iii) we are required by law to retain an individual’s personal data.
- Right of Access. Any person has the right to access their personal data held by us.
- Right to Rectification. Any person has the right to rectify their personal data that is inaccurate or incomplete.
- Right to Data Portability. Any person the right to request a copy of certain personal data we hold about them in a structured, machine-readable format, and to ask us to share this information with another entity.
- Right to Erasure. Any person has the right to have their personal data deleted where: (i) they believe that it is no longer necessary for us to hold their personal data; (ii) we are processing their personal data based on legitimate interests and they object to such processing and we cannot demonstrate an overriding legitimate ground for the processing; (iii) they have provided their personal data to us with their consent and they wish to withdraw their consent and there is no other ground under which we can process their personal data; or (iv) where they believe the personal data we hold about them is being unlawfully processed by us.
- Right to Restrict Processing. Any person has the right to ask us to restrict (stop any active) processing of their personal data where: (i) they believe the personal data we hold about them is inaccurate and while we verify accuracy; (ii) we want to erase their personal data as the processing is unlawful, but they want us to continue to store it; (iii) we no longer need their personal data for our processing, but they require us to retain the data for the establishment, exercise, or defense of legal claims; or (iv) they have objected to us processing their personal data based on our legitimate interests and we are considering their objection.
- Right to Object. Any person can object to our processing of their personal data based on our legitimate interests. We will no longer process their personal data unless we can demonstrate an overriding legitimate purpose.
- Objection to direct marketing, automated decision making and profiling. Any person has the right to object to our processing of their personal data for direct marketing communications and profiling related to direct marketing. We will stop processing their personal data for that purpose.
- Automated Profiling. In the event that we conduct automated decision making that has a legal or other significant impact, we will tell individuals about this, and they have the right to challenge such decisions and request that it is reviewed by a human.
- Withdrawal of Consent. Where the processing of an individual’s personal data by us is based on consent, they have the right to withdraw that consent without detriment at any time by contacting us as directed by the “How to Contact Us” section.
Exercising your Rights. If you would like to exercise any of the rights set forth above, please contact us as directed by the “How to Contact Us” section. Before we respond to requests for personal data, we will require that an individual verify their identity or the identity of any data subject for whom they are requesting personal data. Our verification methods may include requesting that the individual log into their account, confirm their contact information or e-mail address and/or provide documents for identity verification, depending on the nature of their relationship with us.
We will fulfill an individual’s request within 30 days of receipt unless an exception applies. If an individual has concerns unresolved by us, they may also address any grievance directly with the relevant Supervisory Authority or the ICO (for UK-based individuals).
Contact Details for Our Data Protection Officer and EU Representative
Microvast Holdings, Inc. (12603 Southwest Freeway, Suite 300, Stafford, Texas 77477 U.S.A.) is the controller for Personal Information collected in connection with the use of the Services in the EEA, the UK and Switzerland. Our Data Protection Officer can be contacted as directed by the “How to Contact Us” section.
For EU personal data protection, we have nominated a GDPR Representative, [insert representative name], who may be contacted at:
Herr Björn Schmidt
Fon: +49 451 – 16 08 52 – 31