BIKELINK^® SYSTEM USER AGREEMENT

Last update: September 21, 2022

This agreement (“User Agreement”) with eLock Technologies, LLC (also referred to as “eLock” or “BikeLink “ and includes any affiliate thereof) and Facility Owner (as defined below) allows You to use a BikeLink® access device to obtain share time in a BikeLink® facility. Your use of the Access Device constitutes your acknowledgment and consent to this User Agreement – READ IT CAREFULLY.

1. Definitions

   1. The “Access Device” is any uniquely assigned ID device, including the BikeLink Smart Card, BikeLink Android or iOS App, Regional Transit Card or Credit Card assigned to a particular User and registered to their profile in the BikeLink user database.
   2. The “Smart Card” is the BikeLink Smart Card issued to the Cardholder.
   3. The “Cardholder” or “User” (“You”) is the bearer of an Access Device.
   4. An “eLocker” is a bicycle locker with compatible Access Device reader made or licensed by eLock.
   5. A “Storage Space” is either an individual eLocker or a unit of a multi- bicycle parking facility with a security Access Device reader made or licensed by eLock.
   6. “BikeLink” is an inter-agency network of shared, on-demand parking and vending facilities for bicycles and other small vehicles, and an administrative system for issuing and distributing Access Devices and the operation and enforcement of BikeLink Facilities. BikeLink® is a registered trademark of eLock.
   7. “Inter-agency network” means that a User can access any BikeLink facility with a BikeLink Access Device. Some BikeLink facilities may require additional access codes.
   8. An “Administrative Device” is a device which enables system administrators, physically or remotely, to update, modify, unlock, or access a BikeLink Facility or any Storage Space thereof.
   9. “Card Issuers” or “Vendors” are agencies or entities which sell or distribute BikeLink Smart Cards.
   10. “Rental” is the result of securing a Storage Space, such as an on-demand eLocker, for the use of a specific access device or linked devices.
   11. “Available” is the state in which any authorized Access Device may initiate a Rental of a Storage Space.
   12. “Rented” is the state in which a particular Storage Space has access to it restricted due to use by a particular User for a selected period of time.
   13. “Expired” is the state resulting when a Rental is not terminated before its scheduled ending date and time.
   14. “Abandoned” is the state in which a particular Storage Space has been left in an “Expired” state long enough to be deemed by eLock or the Facility Owner to be in violation of Rental duration terms indicated on screens or signage at that particular Facility. THE CONTENTS OF AN ABANDONED RENTAL MAY BE REMOVED AND DISCARDED IMMEDIATELY BY ELOCK OR THE FACILITY OWNER WITHOUT PRIOR NOTICE AND WITHOUT COMPENSATION TO YOU.
   15. A “Facility Owner” is the agency with ownership of a particular BikeLink facility, or the agency with jurisdiction over a particular BikeLink facility.
   16. “Auto Reload” is a feature You can choose to enable on your BikeLink Online Account to automatically replenish value for your Access Device.
   17. “Permitted Items” are the permissible items that can be stored in a BikeLink facility, WHICH INCLUDE ONLY THE FOLLOWING:
       • Human or electric powered vehicles which have the primary purpose of transporting their human operator (such as a bicycle, eBike, unicycle, scooter, or skateboard), and is fully functional and assembled at the start of a Rental (each a “Permitted Vehicle”).
       • Accessories for the operator and/or a passenger of a Permitted Vehicle, such as a helmet, shoes, safety vest, or bicycle clothing.
       • Accessories directly attached to a Permitted Vehicle, such as a tire pump, seat, saddlebags, panniers, child seat, security lock, battery, light, basket, or set of tools.
       • Items stored within storage containers directly attached to a Permitted Vehicle, such as saddlebags, panniers, tool bags, or baskets, and that are also not Prohibited Items, as defined below.
   18. “Prohibited Items” are any items not defined above as Permitted Items, WHICH INCLUDE THE FOLLOWING ITEMS:
       • Fuels in liquid, solid, or gel form, or volatile chemicals of any type.
       • Gas powered vehicles, or any vehicle not powered by human or electric energy.
       • Any vehicle that was not fully functional and assembled at the start of the Rental.
       • Parts of a vehicle that are not part of a fully assembled and functional Permitted Vehicle, such as wheels, chains, tires, skateboard decks, skateboard trucks, or other spare parts.
       • Any item that is not stored together with a fully assembled and functional Permitted Vehicle.
       • Perishable goods.
       • Hazardous materials.
       • Weapons.
       • Any item that poses a health or safety risk as determined by eLock or the Facility Owner.
       • Any illegal item.
       • Any Permitted Items stored in a Storage Space in a quantity that, in the aggregate, is unreasonably excessive or would impair the operation of the Storage Space or use of other Storage Spaces by other Users.
       • Any Permitted Items or Prohibited that are being stored on behalf of a non-User who is not accompanying the User.
       • Any other Prohibited Item that eLock or the Facility Owner may deem prohibited.

2. Rental Transactions

   1. Every time You start a Rental, activate an Access Device, or access access the BikeLink website at www.bikelink.org You are agreeing to this entire agreement including Privacy Policy in Section 15 of this User Agreement.
   2. A Rental creates a bailment for hire with respect to your Permitted Items stored in a Storage Space during the Rental just like a space in a car parking lot. It does not create or grant You a lease or any real property right to occupy a Storage Space. Your rights in connection with a Rental or Storage Space are strictly defined under this User Agreement.
   3. Rental terms may vary by location and are displayed on information screens or signage.
   4. Only the renting Access Device or an authorized Administrative Device can unlock a Rented, Expired or Abandoned Storage Space.
   5. Only the renting Access Device or an Administrative Device can terminate a Rental.

3. Storage Space: Usage & Contents

   1. Initiation of a Rental at a BikeLink Storage Space entitles You to access a storage space for immediate use. You may store your vehicle in an eLocker only while You have a Rental in progress until the Rental becomes Abandoned. You may store your vehicle in a Group Parking Facility until the maximum duration has been exceed as defined for that particular facility.
   2. BikeLink Storage Spaces shall be used only for the purpose of storing Permitted Items.
   3. Storage of any Prohibited Item shall constitute a default by You to the terms of this User Agreement.
   4. YOU AGREE THAT ANY PROHIBITED ITEMS FOUND OR LEFT IN A BIKELINK FACILITY OR STORAGE SPACE SHALL BE DEEMED TO BE INTENTIONALLY ABANDONED AND MAY BE REMOVED AND DISCARDED IMMEDIATELY BY ELOCK OR THE FACILITY OWNER WITHOUT PRIOR NOTICE AND WITHOUT COMPENSATION TO YOU.
   5. The BikeLink Storage Space shall not be used in, or in connection with, any activity prohibited by law or by any policies or rules set by the Facility Owner.
   6. After a period of time the Facility Owner deems excessive, typically 14 days, an Expired Rental shall be considered intentionally Abandoned. Abandoned Rentals constitute a default by You to the terms of this User Agreement.
   7. Upon default for an Abandoned Rental, eLock will immediately make a reasonable attempt to notify the defaulting User of default in writing via email and by phone, using the contact information provided by the User during registration. WITHOUT ANY ADDITIONAL ATTEMPT TO CONTACT USER, BIKELINK THE FACILITY OWNER, OR THE FACILITY OWNER’S AGENT(S) MAY IMMEDIATELY EMPTY THE STORAGE SPACE AND IMPOUND OR DISPOSE OF THE ITEMS STORED THEREIN WITHOUT COMPENSATION TO THE USER. The User’s recourse to potentially recover such items is per the Facility Owner’s policy. Upon default for Abandonment of a Rental, BikeLink may revoke Your access to all BikeLink facilities, and reinstatement of access will be at the sole discretion of BikeLink.
   8. Upon default for storage of Prohibited Items, eLock will immediately make a reasonable attempt to notify the defaulting User of default both in writing via email and by phone, using the contact information provided by the User. WITHOUT ANY ADDITIONAL ATTEMPT TO CONTACT USER, BIKELINK, THE FACILITY OWNER, OR THE FACILITY OWNER’S AGENT(S) MAY IMMEDIATELY EMPTY THE STORAGE SPACE AND DISPOSE OF THE PROHIBITED ITEMS WITHOUT COMPENSATION TO THE USER. Upon default for storage of Prohibited Items, BikeLink may revoke Your access to all BikeLink facilities, and reinstatement of access will be at the sole discretion of BikeLink.
   9. As a condition of using a BikeLink facility for the restricted purposes described above, You waive any claim to the right to privacy with regard to the items You placed inside the Storage Space and expressly consent to allow BikeLink, the Facility Owner, and/or the Facility Owner’s agent(s):
      • to open and inspect the storage space and inspect or relocate the contents thereof at any time without additional notice;
      • to determine whether a health or safety hazard exists;
      • to repair or clean the storage space, its door, or locking mechanism; and
      • to determine whether any term of this User Agreement is being violated.
   10. You will be monetarily responsible for damages beyond normal wear and tear to the Storage Space, BikeLink facility, or adjacent structures, caused by any misuse of the Storage Space by You.
   11. ITEMS REMAINING IN A BIKELINK STORAGE SPACE AFTER A RENTAL HAS ENDED ARE CONSIDERED INTENTIONALLY ABANDONED AND MAY BE IMMEDIATELY REMOVED AND DISCARDED BY BIKELINK WITHOUT ANY ATTEMPT TO CONTACT USER OR WITHOUT COMPENSATION TO YOU.

4. Access Devices

   BikeLink Smart Card

   1. The BikeLink Smart Card is available for purchase through BikeLink and authorized Vendors.
   2. Vendor Location information is provided at www.BikeLink.org, by calling (888) 540-0546, or on information screens and signage at a BikeLink facility.

   3rd Party Access Devices

   3. A 3rd Party Access Device is a unique ID device that must be registered to a BikeLink User to access BikeLink facilities and is used only for the purpose of identifying the User.
   4. 3rd Party Access Devices may include Regional Transit Cards and credit cards.
   5. Adding any 3rd Party Access Device to a User’s BikeLink Profile is subject to an administrative fee. This fee is posted on BikeLink.org and shown during the registration process.
   6. Adding or linking more than one BikeLink App enabled Access Device to your profile is subject to an administrative fee.
   7. BikeLink does not vend 3rd Party Access Devices.
   8. User must comply with all terms of service that are applicable to their 3rd Party Access Device in addition to this Agreement.

   BikeLink® Smartphone App

   9. The BikeLink App is available on the Apple App Store or the Google Play store.
   10. A smartphone with an installed BikeLink App is an Access Device that requires registration to a BikeLink User Profile to access BikeLink facilities.

5. BikeLink Smart Card Value

   1. The BikeLink Smart Card is not a charge, credit, or debit card.
   2. The value the Smart Card holds is neither cash nor the equivalent of cash. At a BikeLink Facility which charges for use, You can exchange value on the Smart Card for share time in the facility. The Smart Card value has no other use or worth.
   3. BikeLink value is not refundable or exchangeable.
   4. If You default on this agreement, BikeLink Smart Card value is non-refundable.

6. BikeLink Online Account

   1. The BikeLink Online Account is an online account to fund Rental transactions for your registered 3rd Party Access Device or App access to BikeLink facilities.
   2. At a BikeLink Facility which charges for use, You can exchange cash value on your Online Account for parking time at the facility or item.
   3. You can load cash value and manage your payment account on your Online Account at BikeLink.org, in the BikeLink App or by calling BikeLink at (888) 540-0546.
   4. Any 3rd Party accounts or funds associated with the 3rd Party Access Device are independent of the funding source for your BikeLink Online Account.
   5. If a Rental costs more than the value on the User’s Online Account, BikeLink may allow the User complete the Rental even if the value exceeds the Online Account’s remaining value. However, sufficient value must be added to the Online Account to pay for the prior Rental before the Access Device can be used again.
   6. By setting up Auto Reload, the User authorizes BikeLink to automatically reload cash value to User’s Online Account by means of a bank or credit card account whenever the User’s Online Account balance falls below $3.
   7. User may request to terminate Auto Reload at any time by editing the Auto Reload setting in the BikeLink App, at BikeLink.org, or by emailing support@BikeLink.org.
   8. If your Online Account balance reaches an Auto Reload threshold identified in Section 6.6 before the Auto Reload termination process is completed, the Online Account will be loaded with value to bring the Online Account balance to $20.00 and You will be liable for payment.
   9. If an Auto Reload charge is declined for any reason, BikeLink may block all Access Devices associated with the Online Account. In order to have Access reinstated, You must provide a valid payment method on the BikeLink website at BikeLink.org, on the BikeLink App or by writing or calling BikeLink. BikeLink will issue an action to unblock Access Devices after collecting funds for the Auto Reload cash value.
   10. BikeLink reserves the right to decline a request to set up an Access Device for Auto Reload, or to accept an alternative payment (bank or credit card) method, in order to prevent fraudulent use or abuse of Auto Reload features and benefits.
   11. BikeLink Online Account balances are refundable upon request through BikeLink.org. A $5 or 10%, fee, whichever is greater, of the cash value balance applies to all refunds.
   12. If you are found in default of this agreement, your BikeLink Online Account will be subject to an administrative fee up to $50 for the dispose and or impounding of your property.

7. BikeLink Access Device Security, Loss, Damage, Reporting, and Liability

   1. BikeLink facilities store valuable bicycles and other property that belong to BikeLink Users. The BikeLink system relies on its Users to help maintain the safety and security of BikeLink facilities. You therefore agree that You are responsible for the safety and security of any Access Device issued to You in Your name, downloaded by You, or otherwise used by You, whether such Access Device is a BikeLink Smart Card, the BikeLink App installed on Your smartphone, a Regional Transit Card, credit card associated with You, or is any other type of Access Device as defined in this Agreement. You also, therefore agree to all of the following:
      • You will take all reasonable measures to care for and protect the security of Your Access Device(s).
      • Access Devices are not transferable under any circumstances. You will not allow any person other than Yourself to use Your Access Device(s).
      • You will not give any other person Your login or password for Your Access Device(s) or Your login for BikeLink.org.
      • Your Rental is solely for Your use pursuant to this User Agreement. Accordingly, You will not give any other person access to Your Rental.
      • You will not alter or interfere with any graphic on the BikeLink Smart Card and will take all reasonable measures and care to ensure that Access Device Data, including BikeLink Smart Card Data, is not interfered or tampered with.
      • You will delete the BikeLink App from Your smartphone before You sell, trade in, or otherwise transfer ownership of or dispose of Your Smartphone.
   2. You will immediately report any and all of the following events to eLock online at BikeLink.org or by calling (888) 540-0546:
      • any unauthorized entry or attempted unauthorized entry into the locker for Your Rental;
      • any suspicious activity witnessed by You in the vicinity of Your Rental;
      • loss, theft, or disabling of Your smartphone(s) in which the BikeLink App is installed;
      • loss, theft, or physical damage to Your Smart Card;
      • loss, theft, physical damage, or suspicious or unauthorized activity related to any Regional Transit Card or credit card issued to You that is registered with BikeLink;
      • any instances of Access Devices failing to function or operate;
      • any suspicious online activity in connection with Your BikeLink Online Account and any credit card or other payment methods associated therewith; and
      • any other activity that You reasonably believe may be a threat to the safety and security of any BikeLink facilities or items stored therein.
   3. At BikeLink group facilities, You agree to verify that the door securely closes after You open it without anyone else entering the facility. You will be held liable for the actions of anyone who gains entry to facilities between the time you open and close a door, unless you notify BikeLink that there is a problem with the door closing.
   4. You will cooperate fully with any investigation by eLock, its attorneys and authorized agents, and law enforcement, in connection with any potential security threat to BikeLink facilities or items stored therein, and otherwise in connection with this User Agreement.
   5. YOU AGREE THAT YOU MAY BE HELD CIVILLY LIABLE FOR BREACH OF CONTRACT OR IN TORT (FOR EITHER OR BOTH NEGLIGENT AND INTENTIONAL CONDUCT) BY ELOCK, A FACILITY OWNER, ANY OTHER USER, OR ANY THIRD PARTY, FOR ANY BREACH BY YOU OF THIS SECTION 7 OR FOR DAMAGES RESULTING FROM SUCH BREACH, AND THAT ANY DAMAGES WILL BE LIMITED ONLY BY APPLICABLE LAW. YOU ALSO ACKNOWLEDGE THAT SEVERE BREACHES OF THIS SECTION 7 BY YOU MAY LEAD TO CRIMINAL LIABILITY.
   6. No refund for any lost or damaged BikeLink Smart Card will be provided except at the absolute discretion of eLock.

8. BikeLink Group Parking Facility Access

   1. For first time access to a BikeLink Group Parking Facility, Users must complete an ID check verification at the entry kiosk. There is an administrative fee for this service.

9. Conditions for Services and Facilities

   1. While using the services and/or facilities of a Facility Owner, You shall observe, perform, and comply with the terms and conditions, by-laws, rules, and regulations, including Rental settings such as maximum Rental duration and hourly rate, selected by that Facility Owner in relation to such services and/or facilities.
   2. At the behest of a Facility Owner, authorized agents of BikeLink or the Facility Owner may electronically access, unlock, move or remove stored contents, and/or modify a facility owned by the Facility Owner, regardless of the facility’s state or the state of any affected Access Device, and neither BikeLink nor the Facility Owner shall be liable for any loss or damage resulting therefrom.
   3. A Facility Owner may deny access to, replace, or remove any facilities it owns at any time for any reason, and neither BikeLink nor the Facility Owner shall be liable for any loss or damage resulting therefrom.
   4. Neither BikeLink nor the Facility Owner are responsible for fire, theft, loss, or damage to any article left in a facility. User shall indemnify eLock and the Facility Owner and their directors, officers, agents, representatives, and employees (“Indemnified Parties”) from any liability of any nature arising out of the User’s use of a facility.
   5. Neither BikeLink nor the Facility Owner are responsible for any property stored in violation of this User Agreement. User shall indemnify the Indemnified Parties from any liability of any nature arising out of the User’s misuse of a facility.

10. Termination

    1. BikeLink may terminate this User Agreement at any time and for any reason. At BikeLink’s request, or if You wish to terminate this User Agreement, You must return your BikeLink Smart Card in proper working condition to BikeLink. The value on BikeLink Smart Card is non-refundable. Upon termination You may not use any BikeLink Access Device, including 3rd Party or BikeLink App Devices, to access BikeLink facilities.

11. Changes to this User Agreement

    1. BikeLink reserves the right to change the terms of this User Agreement and any associated policies at any time.
    2. Any time You start a Rental or log into BikeLink.org or the BikeLink App, You are agreeing to the terms of the BikeLink User Agreement in effect at the start of your Rental.
    3. In the event of any changes to this User Agreement, notice will be posted on the BikeLink website at www.BikeLink.org.

12. Release and Indemnity

    1. You hereby release the Indemnified Parties from all loss, damage, or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or performance of the Access Device issued to or used by You. No Indemnified Party will have any obligation or liability with respect to your use of or the performance of the Access Device. You agree to indemnify, protect, and hold harmless the Indemnified Parties from any and all liability for any loss, damage, or injury to persons or property arising from or related to the Access Device.
    2. For and in consideration of permitting You to rent Facility Owner’s property, You hereby voluntarily release, discharge, waive and relinquish any and all actions or causes of action for personal injury, property damage or wrongful death occurring to You arising as a result of your use of or the performance of the Access Device issued to You, any BikeLink facility, or any activities incidental thereto, wherever or however the same may occur, and You do for yourself, your heirs, executors, administrators and assigns hereby release, waive, discharge and relinquish any action or causes of action aforesaid, which may hereafter arise for yourself or for your estates and agree that under no circumstances will You or your heirs, executors, administrators and assigns prosecute, present any claim for personal injury, property damage or wrongful death against any Indemnified Party for any of said causes of action whether the same shall arise by the negligence of any of said persons or otherwise. It is your intention by this instrument to exempt and relieve all of the Indemnified Parties from liability for personal injury, property damage or wrongful death, whether or not the same is caused by negligence.
    3. You further agree to indemnify and hold harmless the Indemnified Parties from any liability or claim or action for damages which in any way arises out of your use of or the performance of the Access Device or BikeLink Facility, even though that liability may arise out of the negligence or carelessness on the part of any Indemnified Party. Notwithstanding anything stated in the foregoing paragraphs, nothing in this document shall apply to exempt any person or entity from responsibility for such person’s or entity’s own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent.

13. Failure to Comply

    1. Failure to comply with or default on any portion of this User Agreement may result in eLock’s blocking the use of the Access Device, and no refund will be issued for the balance on your BikeLink Smart Card and /or Online Account Value up to $50.

14. Communications

    1. Please address all questions, notifications, and communications related to the BikeLink Access Device and the bicycle parking facility to: support@BikeLink.org or by mail to:
       BikeLink
       800 Heinz Avenue Suite 11
       Berkeley CA 94710
    2. User agrees to provide BikeLink with their correct and current contact information at the time of registration.
    3. User agrees to immediately notify BikeLink of any change in contact information by updating the User’s profile at BikeLink.org, or by contacting BikeLink via email at support@BikeLink.org.

15. General

    1. Neither this User Agreement nor any rights, licenses or obligations hereunder, may be assigned by User without the prior written consent of eLock or Facility Owner. eLock may assign this User Agreement freely. Subject to the foregoing, this User Agreement will benefit and bind the parties’ successors and assigns.
    2. This User Agreement shall be governed by the laws of the State of California without regard to the conflicts of law provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and U.S. federal courts in Alameda County, California. Both parties consent to the exclusive jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by California or federal law. In any action or proceeding to enforce rights under this User Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees. In the event that any of the provisions of this User Agreement shall be held by a court or other tribunal of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this User Agreement shall otherwise remain in full force and effect. This User Agreement supersedes all prior discussions and writings and constitutes the entire agreement between the parties with respect to the subject matter hereof. No waiver or modification of this User Agreement will be binding upon either party unless made in writing and signed by a duly authorized representative of such party and no failure or delay in enforcing any right will be deemed a waiver.

BIKELINK^® PRIVACY POLICY

Last update: September 21, 2022

This BikeLink® Privacy Policy is effective as of September 21, 2022 or the date you first use our Services (defined below), whichever is earlier. We at eLock Technologies LLC (variously “we”, “us”, “our”, “eLock”, or “BikeLink®”) describe our privacy practices here.

We provide automated secure temporary bicycle storage (“Bike Storage”) and bicycle rental services (“Bike Rental”) at public transit facilities and other locations. These may be operated and paid for by a BikeLink® chip card (a “BikeLink® Card”), an app, or a linked public transit smart cards for participating transit systems (a “Transit Smart Card”), or any other device that eLock may develop in the future, all of which are “Access Devices”. We also provide information and communications to the public online through our website or email, or through any app or other means we may develop in the future. All of these activities constitute our “Services”. Services may be paid for by cash, check, credit card, or other electronic means.

In this Privacy Policy, we discuss the information we collect in connection with the Services, how we use it, the controls we give you over your information, and the measures we take to keep it safe.

You may not use the Services if you do not consent to or agree with the collection of information described in this Privacy Policy.

1. LEGAL BASES FOR COLLECTING, PROCESSING, AND USING INFORMATION

   Our legal bases for collecting, processing, and using information from you in connection with the Services are as follows:

   • CONSENT

     Your use of the Services, including creating and using a BikeLink® profile (“Profile”), any Bike Storage, any Bike Rental, any payment to us, or any use of our app or website (among other uses), constitutes your legal consent to collection, processing, and use of information by us in accordance with this Privacy Policy under US law, the GDPR, the CCPA, or any other applicable law in your jurisdiction.

   • NECESSITY

     Collection and use of information by us in accordance with this Privacy Policy are necessary for these purposes:

     • creation of a Profile;
     • logging onto a Profile;
     • accessing a BikeLink® facility;
     • Bike Storage;
     • Bike Rental;
     • use of a BikeLink® Card, BikeLink® app, or other BikeLink® Access Device;
     • payment for Bike Storage, Bike Rental, or adding value to a BikeLink® Card;
     • linking a Transit Smart Card to a Profile;
     • use of our app;
     • use of our website;
     • any other use of the Services.

2. INFORMATION WE COLLECT

   When you use our Services, we collect the following types of information.

   Personally Identifiable Information (PII)

   For any of the Services, we collect information including your name, address, email address, phone number, date of birth, payment information, social media accounts, and other information that may identify you and is therefore Personally Identifiable Information (“PII”). Different types of PII and other information may be provided by you or collected by us depending on the Services you use.

   Profile Information

   You must create a Profile with us to obtain a BikeLink® Card, use Bike Storage, start a Bike Rental, access a BikeLink® facility, use certain parts of our website, use our app, and make payments related to any Services. To create a Profile, you must provide us with PII including your name, address, email address, and phone number. If you choose to use certain Services through a Profile, such as obtaining a BikeLink® Card, using Bike Storage, starting a Bike Rental, and accessing a BikeLink® facility, you must also provide us with additional information, which may include credit card information, bank account information, a copy of government-issued identification, a photograph, information about your bicycle, and any other information that we may require from time to time.

   Device Information

   If you use our App, we may collect information about your device, including the hardware model, operating system and version, unique device identifiers (including MAC address and IMEI), browser type and language, mobile device phone number, and mobile network information. We also collect certain device information that will help us diagnose problems in the event you experience any crash or other problem while using our App.

   Payment and Card Information

   If you purchase paid Services, you provide your payment information, including your name, credit or debit card number, bank account information, card expiration date, CVV code, and billing address. Such information is tied to your Account. All such information is given to our third-party payment processor and is not stored by us.

   Bicycle Information

   We may collect information related to any bicycle to be associated with your Account, including make, color, and serial number. Bicycle information may be cross-checked against information, including PII, held by us or by third parties.

   Government-Issued Identification Information

   We may require you to send us a copy (typically a photo) of government-issued identification (such as a driver’s license) to verify your identity as part of an application for a BikeLink® Card or as an alternate means of accessing a BikeLink® facility. Once we receive a copy, we may contact the government agency that issued the identification, or any of such agency’s authorized agents, to collect or verify information connected to such identification.

   Time and Location Information

   Certain of our Services are provided in fixed and secured locations, such as Bike Storage, Bike Rentals, and BikeLink® facilities. To provide these Services, in addition to all Account information (including PII), we collect time- and location-based information from Account holders that use these Services, including information on times and dates for entry and exit, location information, payment information, Transit Smart Card information (if one is used to access and pay for these Services), and bicycle serial numbers and other bicycle information.

   Security Measures at BikeLink® Facilities

   You agree that no rights to privacy apply to BikeLink® facilities. BikeLink® facilities are secured and we conduct regular and constant surveillance. We monitor all persons, whether Account holders or otherwise, that enter into, use, and leave BikeLink® facilities. We may conduct physical searches and inspections of BikeLink® facilities, including searches of lockers, bicycle parking spots, and all items therein, at any time and without prior notice. We also monitor all activities that occur in BikeLink® facilities, including the parking and placement of bicycles and other items. Monitoring may include recording photos and videos (including visual and audio recordings) of all persons that enter, exit, and are in close proximity to BikeLink® facilities, video and still camera surveillance of all bicycles and other items in facilities, obtaining copies of government-issued identification which may contain PII, collecting all information obtained from the App, and collecting readily apparent information obtained from searches and inspections of BikeLink® facilities.

   Information Collected by Cookies and Other Tracking Technologies

   Like most online services, we use cookies, web beacons, and other technologies. Cookies are small data files stored on your hard drive or in device memory that store information about your use of the Services, which can, among other things, help us see which areas and features of the Services are popular and let us count visits. Web beacons are small pieces of software on a webpage or email that help us see how you interact with that webpage or email. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies; however, removing or rejecting cookies could affect the availability and functionality of our Services.

   We do not respond to Do Not Track browser settings or signals.

   Website Log Information

   We may collect log file information when you use our website. That information includes, among other things, your web browser type and language, access times, pages viewed, your IP address, and the website you visited before navigating to our websites.

   Social Media Accounts

   You may opt into enabling your social media accounts to be used to log onto your Account. We will collect information from such social media accounts to permit this functionality. The information we collect from them will be subject to the privacy policies of the applicable social media platforms.

3. HOW WE USE INFORMATION

   • PROMOTING SAFETY AND SECURITY

     Our core business is providing safe and convenient bicycle parking We use the information we collect to promote the safety and security of the Services, our users, and other parties. For example, we may use the information as follows:

     • preventing theft of bicycles and other property from BikeLink® facilities;
     • preventing crime generally in and around BikeLink® facilities;
     • maintaining the safety and security of BikeLink® facilities;
     • cooperating with law enforcement investigations;
     • responding to legal requests or claims;
     • cooperating with public transit agencies and property owners where BikeLink® facilities are located for safety and security;
     • facilitating secure payments;
     • protect against fraud and abuse;
     • conducting audits; and
     • enforcing our terms and policies.
   • PROVIDING, IMPROVING, AND DEVELOPING SERVICES

     We deliver the Services, improve them, and may research and develop new ones using the information we collect. For example, we may use the information to do the following:

     • provide you with the Services;
     • track usage trends;
     • provide customer support;
     • troubleshoot and protect against errors;
     • perform data analysis and testing; and
     • develop new features and Services.
   • COMMUNICATING WITH YOU

     We use your PII to respond to you when you contact us.

   • INFERENCES

     We may draw inferences from any of the information received from you in connection with the Services and this Privacy Policy.

4. HOW INFORMATION IS SHARED

   We do not share your information, including your PII, except in the limited circumstances described below.

   • FOR EXTERNAL PROCESSING

     A list of processors and the data processed by them includes the following as of the date of this Privacy Policy is listed on Exhibit A at the end of this Privacy Policy. The processors are located variously in the United States, or elsewhere. We may engage the services of other similar third-party processors or process other types of data from time to time at our discretion to maintain and enhance the quality of the Services.

   • FOR LEGAL REASONS OR TO PREVENT HARM

     We may preserve or disclose information about you to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, property damage, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.

     We will notify you of legal process seeking access to your information, such as search warrants, court orders, or subpoenas, unless we are prohibited by law from doing so. In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period. Exceptions to notifying you include exigent or counterproductive circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person or incipient property damage.

   • PROPERTY OWNERS WHERE BIKELINK® FACILITIES ARE LOCATED

     We may share information with the owners of properties where BikeLink® facilities are located. In such cases, we may anonymize and aggregate data to assist such property owners to determine usage patterns. However, we may share PII with such property owners in connection with legal reasons or to prevent illegal activity, physical harm, or property damage as described herein.

5. RETENTION OF DATA AND HOW TO ACCESS OR DELETE YOUR PERSONAL INFORMATION

   We retain all usage data for BikeLink® facilities to be able to comply with law enforcement requests for access usage records in the event access to a BikeLink facility was used to commit a crime.

   We permit you to delete your profile, which removes your profile from regular administrative searches, but your PII may still be found in connection with your usage data on your BikeLink® Card, any data generated by your use of the App, and any data associated with your Transit Smart Card.

   You may contact us at www.bikelink.org/info/contact to inquire on the status of any PII that may be in our possession or control and to request that such PII be deleted. Please note that it may take a bit of time to delete your PII, and we may preserve it as described above.

   We may delete profiles and their related PII that have been inactive for extended periods of time after the last activity.

   We may charge a fee for processing requests for access to PII.

6. ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS

   We work with Google Analytics which provides us with analytics and advertising services in connection with our website. This includes helping us understand how users interact with the Services, serving ads on our behalf across the internet, and measuring the performance of those ads, all of which help us with continuous improvement of the Services.

   To prevent your data from being used by Google Analytics, you can install Google’s opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

   Our website statistics are anonymized and do not contain PII that is shared with third parties.

7. INFORMATION SECURITY

   We use a combination of technical, administrative, and physical controls to maintain the security of your data. No method of transmitting or storing data is completely secure, however. If you have a security-related concern, please contact us at www.bikelink.org/info/contact.

8. EUROPEAN PRIVACY DISCLOSURES

   If you live in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, or are a citizen, national, or permanent resident of the European Union, please review these additional privacy disclosures under the European Union’s General Data Protection Regulation (“GDPR”).

   eLock Technologies LLC is a limited liability company organized under the laws of the State of California, United States of America, and is a “Controller” for the purposes of Regulation (EU) 2016/679 (General Data Protection Regulation) (“GDPR”). Please see the end of this Privacy Policy for our contact information.

   We may transfer information to our corporate affiliates, service providers, and other partners that process it for us based on our instructions, all of which are “Processors” for purposes of the GDPR. Such processors must act in compliance with this Privacy Policy, applicable law, and any other appropriate confidentiality and security measures.

   As of the date of this Privacy Policy, we do not have a Data Protection Officer for purposes of Article 37 of the GDPR as we do not conduct regular and systematic monitoring users on a large scale or process any special categories of PII on a large scale.

   • LEGAL BASES FOR PROCESSING PERSONAL DATA

     For personal data subject to the GDPR, we rely on several legal bases for processing data, each of which are described in Section 1.

   • HOW TO EXERCISE YOUR LEGAL RIGHTS UNDER THE GDPR

     Under the GDPR, you have a general right to object to the use of your information for direct marketing purposes. Please see Section 5 above for information on how to exercise your rights under the GDPR to access and control your personal data.

     If you need further assistance regarding your rights, please contact us per the information in Section 11 and we will consider your request in accordance with applicable laws. You also have a right to lodge a complaint with your local data protection authority under the laws applicable thereto.

9. CALIFORNIA PRIVACY DISCLOSURES

   If you are a California resident, please review the following additional privacy disclosures under the California Consumer Privacy Act (“CCPA”).

   • HOW TO EXERCISE YOUR LEGAL RIGHTS UNDER THE CCPA

     You have the right to understand how we collect, use, and disclose your PII, to access your PII, to request that we delete certain information, and to not be discriminated against for exercising your privacy rights. You may exercise these rights by contacting us at www.bikelink.org/info/contact.

     For purposes of preventing crime and cooperating with law enforcement requests as described in this Privacy Policy, we may not necessarily delete your PII, even if you make a formal request to do so, pursuant to Cal. Civil Code §§ 1798.105(d)(8) et seq.

     If you need further assistance regarding your rights, please contact us per the information in Section 11 and we will consider your request in accordance with applicable laws.

   • TYPES OF INFORMATION WE COLLECT, USE, AND DISCLOSE FOR BUSINESS PURPOSES

     We collect the types of information listed in Section 2 and in the table in Exhibit A. We receive this information from you, your device, your use of the Services, third parties (including social media accounts linked to your profile), and as otherwise described in this policy. We use and disclose these types of information for the business purposes described in Sections 3 and 4.

10. CHANGES TO THIS PRIVACY POLICY

    We will notify you before we make material changes to this Privacy Policy and give you an opportunity to review the revised Privacy Policy before deciding if you would like to continue to use the Services.

11. HOW TO CONTACT US

    If you have questions about this Privacy Policy, or about our use of your information, please contact us at www.bikelink.org/info/contact or support@bikelink.org.