TERMS OF USE

CREATED MARCH 2018

This is a binding contract between you and Beijing Ling Technology Co., Ltd. (with its affiliates, " Ling ", "we" and "us") and describes the rules and restrictions that apply to our websites, products, and services, including the Ling devices and their associated applications (the "Services").  Please read these Terms carefully. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of by litigation in court.

By using the Services, you agree to be bound these terms, the Ling Privacy Policy and Copyright Dispute Policy, as well as other rules, policies, and other terms available through the Services (collectively, "Terms"). If you do not accept the Terms, then you do not have a right to use the Services, and you may return the products if allowed under the applicable return policy. If you reside in France or Germany, some of these terms do not apply to you. Please scroll to the end of these Terms for additional terms.

1. Changes. We may introduce new features, change or limit features (including by automatic update), update or remove Content, or restrict access to parts or all of the Services, without notice to you. We reserve the right to change the Terms by displaying the updated Terms at https://intl.ling.ai or within the Services. By using the Services after a change to the Terms, you agree to all of the changes. This agreement, and any disclosures we make to you through the Services or via your registered email or other communications, are considered for legal purposes to be in writing.

2. Privacy. The current Ling Privacy Policy at https://intl.ling.ai/privacy describes our collection and use of data. Some of the Services are subject to the Children's Online Privacy Protection Act. If you have questions about privacy, please contact us at privacy@ling.ai.

3. Using the Services. Some of the Services may require you to sign up for an account. You promise to provide us with accurate and complete registration information, and keep your account and password secure. You're responsible for activity including any orders associated with your account. You represent and warrant that you are of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). You will use the Services only for your own internal, personal, non-commercial use, in a manner that complies with all laws that apply to you. If applicable law prohibits your use of the Services, then you aren't authorized to use the Services. We are not responsible for your using the Services in a way that breaks the law.

4. Our License to You. Subject to your compliance with these and other terms that may apply to the Services, including the Restrictions below, we grant you a personal, non-transferable, non-exclusive, non-assignable, non-sub licensable, and nonexclusive license to use our Services. This license applies to the software we provide you as part of the Services (including, for example, software in our products or that makes up our mobile applications). We reserve all rights not granted to you here. You may not resell, lease, rent, distribute, or otherwise exploit our Services, including our devices, for commercial gain unless we give express permission in writing. If you violate these Terms, the license in this section terminates.

5. Restrictions. You may not use or interact with the Services to: (a) infringe or violate the intellectual property or other rights of anyone else (including Ling); (b) violate any law or regulation, including as to export control; (c) harm, defraud, harass, threaten, or deceive others, or make contributions that are obscene or otherwise objectionable; (d) jeopardize or violate the security of Ling, the Services, or anyone else; (e) attempt to obtain the password, account, or other security information from any other user; (f) run any form of auto-responder or "spam" on the Services, or any processes that otherwise interfere with the proper working of the Services; (g) scrape or spider any page, data, or portion of the Services or Content (manually or by automated means); (h) copy or store any significant portion of the Content; or (i) decompile, reverse engineer, tamper with, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services or use the Services to develop competing products.

6. Copyright, Trademark & DMCA. The materials displayed or performed or available on or through the Services, including text, graphics, data, software, photos, images, illustrations, logos, trademarks (collectively, the "Content"), and aspects of the Services themselves, are protected by copyright, patent, trademark and/or other intellectual property laws in the United States and in other countries. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and that you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content (which may be Ling or our licensors) or (ii) in a way that violates someone else's (including Ling's) rights.

You understand that Ling exclusively owns the Content and the Services and intellectual property in them (except that you own your User Submissions and physical hardware devices you have purchased, but not software or other materials we may license to you under these Terms even if such materials reside on your devices). You won't modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services. We reserve the right to delete or disable Content alleged to be infringing; visit intl.ling.ai/copyright-and-ip-policy to review our complete DMCA and Copyright Dispute Policy and learn how to report potentially infringing content.

7. Content You Provide. Anything you post, upload, share, store, or otherwise provide to us and/or our sites and applications through the Services, including through our Software Development Kit ("SDK"), is your "User Submission." You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so. Some User Submissions are viewable by other users. We do not regularly review User Submissions, but reserve the right to remove or edit content you submit, including to enforce these Terms. For all User Submissions, you hereby grant Ling a license to translate, modify (for technical purposes, for example making sure your content is viewable on a mobile device), reproduce, and otherwise act with respect to such User Submissions, in each case to enable us to operate and improve your experience and the Services. This is a license only – your ownership in User Submissions is not affected. The licenses you grant to us (and by extension to our users) through these Terms are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, unless the Services indicate otherwise.

8. Feedback & Public Posting; Unsolicited Ideas. If you share a User Submission in a manner that more than just you can view, then you grant Ling the license above, as well as a license to display, perform, and distribute the Content you submitted for the purpose of making it accessible to all Ling users and providing the Services necessary to do so. We do not consider unsolicited feedback, proposals, or ideas for products, services, or technology improvements. If you send us such feedback anyway through the Services and/or directly to us, you grant us all the licenses in this section, and agree that your idea is not confidential and that your submitting such feedback does not create an obligation on us to you.

9. Third Parties. Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person that originated it, and you access all such information and content at your own risk, and we aren't liable for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. The Services may also contain links or connections to third party websites or services not owned or controlled by Ling, and using the Services may require you to transact with third parties, such as for your internet connection Ling is not responsible for these third-party services or individuals that you may interact with through the Services.

If there is a dispute between participants on this site, or between users and any third party, Ling is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you release Ling, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

10. Online Orders. We reserve the right to cancel or modify orders for any reason. For example, we may refuse to ship to known freight forwarders or if we suspect fraud or abuse or any violation of these Terms. We also may change our prices (but we won’t change the price once your order has been confirmed), the availability of products, or make other updates.

11. Products Warranty. For warranty information regarding Ling-branded hardware product and accessories, please visit intl.ling.ai/returns-warranty. The warranty does not apply to software. We may not support warranty service outside of countries in which we sell and there may be different policies in your country.

12. Warranty Disclaimer. Neither Ling nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Use of the Services is at your own risk. EXCEPT AS OTHERWISE PROVIDED IN THE PRODUCTS WARRANTY SECTION ABOVE, THE SERVICES AND CONTENT ARE PROVIDED BY Ling (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RELIABILITY NONINFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability.TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Ling (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF DATA OR RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO Ling IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

14. Indemnity. You agree to indemnify and hold Ling, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.

15. Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Ling's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

16. Choice of Law. These Terms are governed by and will be construed under the the laws ofPeople's Republic of China, without regard to the conflicts of laws provisions thereof.

17. Arbitration.PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH Ling AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in People's Republic of China. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. Furthermore, either you or Ling may assert claims, if they qualify, in small claims court in any court of competent jurisdiction in People's Republic of China.

Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU ACKNOWLEDGE AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND Ling ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

Both you and Ling acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms Ling's officers, directors, employees and independent contractors ("Personnel") are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

Arbitration Opt-Out: You have the right to opt out of the foregoing arbitration provision by sending written notice of your decision to opt out to Ling, Room 3602,Floor NO.101, 36,Building13,Zone4,Wangjingdongyuan,Chaoyang District,Beijing,China 100102 postmarked within 30 days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of this Section's arbitration agreement. If you send this notice, and/or in any circumstances where the foregoing arbitration provision permits either you or Ling to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration provision will not apply to either party and both you and Ling agree that any judicial proceeding (other than small claims actions) will be brought in courts in Chaoyang District,Beijing ,China.

18. Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You andLing agree that these Terms are the complete and exclusive statement of the mutual understanding between you andLing, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture ofLing, and you do not have any authority of any kind to bindLing in any respect whatsoever. Except as expressly set forth in the section regarding Apple, you andLing agree there are no third-party beneficiaries intended under these Terms.

19. Termination. You're free to terminate your account at any time, by contacting us at https://intl.ling.ai/privacy,We are free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms.Ling has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

20. Contact. You may reach us by mail at Room 3602,Floor NO.101, 36,Building13,Zone4,Wangjingdongyuan,Chaoyang District,Beijing,China 10010 or through our online contact form available at https://intl.ling.ai.

21. Additional Terms for French and German users. If you reside in Germany or France:

  1. Sections 10 (Orders) and 11 (Product Warranty) do not apply to you. The conditions applicable to the sale of products by Ling to you are available in the General Terms of Sale available on our website and atLing.com/warranty.
  2. Sections 16 (Choice of law) and 17 (Arbitration) do not apply to you in their entirety. Rather, the law indicated in Section 16 applies, except for mandatory rules applicable in your country. For any dispute arising out of or relating to the subject matter of these Terms related to such mandatory rules, you can contact us at the address above. If the dispute is not amicably settled, it may be decided by competent courts in your country.
  3. You are entitled to the statutory warranty rights which apply in your country.
  4. For users who reside in Germany, Section 13 (Limitation of Liability) does not apply for liability due to intentional acts or gross negligence causing injury to life, limb or health or under the Product Liability Act.
  5. Related to the preamble and Section 1 (Changes), depending on the laws in your country, we may follow a different process for notifying you of changes to these Terms and for making them effective.

ATTACHMENT

Privacy Policy

CREATED March19, 2018

Ling Inc. (with its affiliates, " Ling ", "we" and "us") take your privacy seriously. This policy explains our collection and use of information on and through our websites, products, services, and applications (the "Services"), and related choices you have. By using or accessing the Services, you hereby consent that we will collect, use, and share your information as described herein.

Your use of the Services is at all times subject to the Ling Terms of Use, which incorporate this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

We may update this Privacy Policy from time to time. We will notify you of material changes by posting a notice within the Services, sending you an email, and/or by some other means. If required, we may also seek your or your parent or guardian’s prior consent. You should consult this Privacy Policy regularly for changes. If you use the Services after changes have been posted, that means you agree to them.

A. TYPES OF INFORMATION COLLECTED

We and the Services collect different types of information through the Services, with some fields required and some optional.

1. GENERAL INFORMATION

Personal information is information about you that can be used by itself, or combined with other information, to personally identify you ("Personal Information"). We collect this information directly from you when you provide it to us and by other means. For example, when you make a purchase on our website, you provide us with your name, email, phone number, address and billing information, and other information you input. When you register to receive Ling news, we collect your age and email address. We do not collect more Personal Information than is reasonably necessary to provide you the Services or improve the Services.

2. SPECIFIC TO THE SERVICES

  • ACCOUNT INFORMATION

    When you sign up for an Ling account (an "Account"), we may collect information such as your name, player/driver name, email address, birthdate, password, address, and billing information (collectively, "Account Information"). If a child under the age of 13 registers for an Account, the email address of his or her parent/legal guardian is collected instead.

    We use Account Information to create, manage, and maintain Accounts and provide the Services. For example, for Ling OVERDRIVE, your driver name will be displayed to users you play with. We also use your Personal Information to back up stats, track progress on multiple devices, and reserve a unique driver name. We collect address and billing information to facilitate your current or future purchases.

  • ANALYTICS DATA

    We collect gameplay data such as scores, achievements, and feature usage. The Services also automatically record information such as events or failures within them. In addition, we may collect your device make and model, randomized device ID for the mobile device on which you run our apps, robot/vehicle ID of your Ling device, Geolocation Data (as defined below), operating system version, and other device-related information like battery level (collectively, "Analytics Data"). This Analytics Data is stored under an anonymized unique ID and not connected to your name. This information may include Internet protocol (IP) address, and for our website, browser type, internet service provider, referring/exit pages, pages or items viewed, and/or clickstream data. We use Analytics Data to enable and improve the Services and enhance your gameplay. For example, Analytics Data enables us to analyze crashes, fix bugs, and personalize or develop new features and services.

    We may also use Analytics Data, either alone or combined with other data, to create aggregated, anonymized data ("Aggregate Data"), which does not identify you personally. We may freely use and share Aggregate Data with our partners, for example, who perform functions on our behalf or help us improve the Services. If you are a user in Germany, you can opt-out from the collection of Analytics Data. For further information, please see Section E.

  • PRODUCT DATA

    Product connects to his app via a direct Wi-Fi connection to your mobile device. Images from Product's camera are processed in the Product app to power his navigation and other features. They are not stored and do not leave the Product app. When you use Product, the Product app may translate pictures of faces Product sees into encoded facial features, a set of numbers not recognizable by a person ("Facial Features Data"). Unless you play Meet Product (as described below), Facial Features Data is discarded each time Product goes to sleep or loses his connection to your mobile device.

  • OTHER FEATURES

    The Services may provide you with options to share your information, such as via text messaging, email, or social media, or to receive push notifications from us. For example, the Services may ask if you'd like to share your play resultsUGC audio or vedio,txt with yourself your friends or save images from our apps to your device. If you want to use these features, you will receive a request for access to your photos which you may allow or deny. If granted, we use this access to save images you create within the Services. For push notifications, you can opt-out anytime by turning off push notifications from your phone settings.

    Our applications may also request permission to use Bluetooth on your device. For example, the applications may use Bluetooth to communicate with Ling vehiclesyour product and other in-game devices during gameplay. You can turn on / off Bluetooth at the device level.

    With your devices' IP addresses we obtain zip-code level geographic information, which is then stored under an anonymized unique ID ("Geolocation Data"). If you are a user in Germany, you may opt-out from us collecting Geolocation Data from the settings sections of our applications (see also Section E below).

3. AUTOMATICALLY AS YOU NAVIGATE: LOG FILES, COOKIES AND OTHER TECHNOLOGIES

When you use or visit the Services, certain information is or can be automatically recorded and stored in log files. Generally, we use this information in an aggregated and anonymized way. If we need to combine this type of information with Personal Information, we treat it as Personal Information. Automatically collected information includes statistical or technical information such as your Internet Protocol address, operating system, time and date, and how you navigate the Services.

Information may also be automatically collected via "Cookies" or similar tracking technologies, which are identifiers we transfer to your browser that allow us to recognize your browser or device and tell us when pages and features are visited and by how many people. Through these Cookies, we may collect information about your online activity after you leave our Services. We use various types of Cookies to improve our Services. On our site, our service providers may also use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole.

You may be able to change the preferences on your browser to prevent or limit your device’s acceptance of Cookies, but this may prevent you from taking advantage of some of our features. Every browser being different, you can verify in the "help" menu of your browser how to modify your Cookie preferences. Through these Cookies, we may collect information about your online activity after you leave our Services. Although your browser may offer you a "Do Not Track" option, our Services do not support "Do Not Track requests" at this time, which means that we may collect information about your online activity both while you are using the Services and after you leave the Services. In France, duration of Cookies does not exceed 13 months.

4. EMAIL, SURVEYS, AND YOUR CHOICES

If you have provided us with your contact information, we may use this information to communicate with you about your order or Account or address your questions. If you have, or, for a child under the age of 13, his or her parent/legal guardian has, given us consent by providing us your contact information, we may, subject to your marketing preferences, send you education, marketing, product support, and research emails. Our third-party mail service provider provides us with anonymized and aggregated information about the respondents to our emails. You can unsubscribe from our marketing and research emails anytime by following the instructions included in them. We track open rates for our emails so we can improve our communications with you and our services. If you participate in our optional surveys, information you provide to us, including Personal Information, will be linked with your Account. We will not share the Personal Information you provide through a contest or survey with third parties unless we give you prior notice and choice.

5. SOCIAL MEDIA & CONTESTS

We may have a presence on various social media or e-commerce platforms, such as Facebook. We receive anonymized and aggregated demographic and use information from these services when you engage with us on them. In addition, we may offer sharing features and other integrated tools (such as the Facebook "Like" button). Such integrated features may share data and are governed by the privacy policies of the third parties that provide these features. From time to time, we may conduct contests and sweepstakes. If you participate, we may collect information from you, as described in the terms of the contest or sweepstakes.

B. HOW WE USE THIS INFORMATION

We use information that we collect about you or that you provide to us, including any Personal Information as described throughout this Privacy Policy, including to:

  • Provide and deliver products and services you request
  • Operate, maintain, and improve the Services
  • Allow you to participate in interactive features
  • Personalize and customize your experience, content, marketing, and recommendations
  • Respond to requests that you make and provide you with customer service, informative announcements, and promotional information about us or our products
  • Assist those who help us in designing, analyzing, and operating the Services
  • Carry out our obligations and enforce our rights, and protect against fraud, unauthorized or illegal activity, or policy or billing violations
  • Notify you about changes to the Services
  • In any other way we may describe when you provide the information, with your consent or the consent of a parent or legal guardian
  • Fulfil any other purpose for which you provide it

C. SHARING YOUR INFORMATION

We may share your Personal Information as follows:

  • With third parties that support our business, such as to process payments, provide accounting, or store and/or process information, and who are bound to keep Personal Information confidential and adequately protected and use it only for the purposes for which we disclose it to them.
  • With our affiliates or subsidiaries, provided the data is adequately protected. Also, if we are acquired, dissolve, or go a change of control, Personal Information could be one of the assets transferred, subject to your consent, where required by law.
  • To fulfill the purpose for which you provide it (for example, when you want to share something to social media, to post it to a third party account on your behalf), for any other purpose disclosed by us when you provide the information, or otherwise with your consent or, in case of a child, the consent of a parent or legal guardian.
  • To comply with relevant laws, regulations, lawful requests, court orders, and legal process; protect and defend the rights or property of us or third parties and investigate and prevent fraud; and in an emergency, including to protect safety.

We may also freely disclose Aggregate Data to third parties for research and development, product improvements, and other related business purposes.

D. TRANSFER OF PERSONAL INFORMATION TO THE UNITED STATES; PRIVACY SHIELD CERTIFICATION

The Services are hosted and operated in the United States and are subject to US law. By using the Services, you acknowledge and agree that any Personal Information that you provide to Ling is being provided to Ling solely in the US and will be hosted on US servers. Ling, Inc. (and its subsidiary companies Ling Canada Ltd, Ling UK Limited, Ling Germany GmbH, and Ling France EURL) participates in and has certified its compliance with the EU-US Privacy Shield Framework. Ling, Inc is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List [https://www.privacyshield.gov/list].

Ling, Inc. is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Ling, Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Ling, Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Ling, Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our US-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

E. ACCESSING YOUR INFORMATION; YOUR OPT OUT RIGHTS

Upon request, we will provide you with information about whether we hold any of your Personal Information, or if you are a parent, your child’s information. You can contact us to modify, request a copy of, or request deletion of this Personal Information or your Account. We will use commercially reasonable efforts to respond within 30 days, unless such request is unreasonable under or would violate applicable law. If you request to delete Personal Information, you may no longer be able to use some features.

We will retain information for as long as your Account is active or as necessary to provide you services. We may also be required to keep some of your Personal Information for legal reasons, for instance to comply with statutory retention periods or for tax purposes. In addition, we will continue to retain and use Aggregate Data.

Right To Opt-out

We offer certain choices about how we communicate with you and what information we obtain. You may opt-out of receiving emails at any time by clicking "unsubscribe." You can opt-out from the collection, processing and use of Personal Information within the Services for analytics purposes and for Geographic Information (see Section A above) at any time by either (A) requesting deletion of your Account by contacting privacy@Ling.com or (B) if you are a user who purchased the Services or registered your Account in Germany, by visiting the settings section of our applications. If you want to opt-out from certain data collection parts on our website and the e-commerce store please refer to Section A.

F. CHILDREN

Unless we note otherwise (for example, on product packaging), the Services are intended for audiences of all ages. In compliance with applicable law, when we collect Personal Information through the Services, in some regions we ask users to input their age. When a child signs up for an Account, we will send a notice via email to the child's parent or guardian, or obtain verifiable consent via other acceptable methods. If we not receive consent within 14 days after sign-up, the child's Account will be deleted. The information collected and stored from the child may include a username (e.g., driver name) and parent’s email address. We may also collect and link to the child’s Account the Analytics Information.

The information will be used for the purposes stated in this policy and as permitted under law. The information may also be shared as described in Section C, including with certain third party vendors that help us operate the Services, such as by send out email communications.

We will only collect such Personal Information from children as is reasonably necessary to provide the Services. When applicable, parents/legal guardians have the right to consent to Ling's collection and use of Personal Information from the child without also consenting to its disclosure to independent third parties. Parents can revoke their consent anytime by contacting privacy@Ling.com, and they can request modification or deletion of children’s accounts by following the process at Section E. We will notify the parent when important information changes, like when password or other settings changes are made to Accounts of children.

G. SECURITY

We use reasonable industry standard practices. Payment transactions are encrypted in transit using SSL. Although we endeavor to provide reasonable security, no system can prevent all potential breaches or guarantee perfect security. Please contact us if you suspect a vulnerability in our Services.

H. YOUR CALIFORNIA PRIVACY RIGHTS

California residents may request information about practices related to disclosing personal information to certain third parties and/or opt-out of sharing of information with unaffiliated third parties, if applicable. Please send your request (along with your full name, e-mail address, postal address) to us as the contact information provided in Section J.

I. LINKS TO THIRD PARTIES

Some of our Services include links to third party websites or apps. We are not responsible for such websites. These sites may have their own privacy policies and practices.

J. HOW TO CONTACT US

Email: privacy@Ling.com
Address: Ling Privacy Policy Administrator
Room3602,Floor NO.101, 36,Building13,Zone4,Wangjingdongyuan,Chaoyang District,Beijing,China 100102
Phone: U.S. & Canada (86) 4006665050
other geographies at Contact Us
K. KIDSAFE
K. KidSafe
Ling DRIVE, Ling OVERDRIVE, Product, and their respective apps are certified by the kidSAFE Seal Program. The kidSAFE Seal Program is an independent safety certification service and seal-of-approval program designed exclusively for children-friendly websites and technologies. Click on the seal or go to www.kidsafeseal.com for more information.