PRIVACY NOTICE

Ideanomics, Inc. (also, “Company”, “we”, “our”), respects your privacy and is committed to protecting it and using your data as set forth in this privacy notice (the “Notice”).

This policy describes the types of information we may collect from you or that you may provide when you visit our website www.ideanomics.com and related sites and pages (collectively, our “Site”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect or you provide to us:

  • On the Site.
  • In email, text, and other electronic messages between you and this Site.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
  • any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site. These third-parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use our Site. By accessing or using this Site, you agree to this Privacy Policy and our Terms of Use, including your consent to use, process, and disclose your information as described in this Notice. This policy may change from time to time. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

CHILDREN UNDER THE AGE OF 13

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site or on or through any of its features on the Site, make any purchases or subscribe to services through the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us, as provided below.

 

INFORMATION WE COLLECT

When you visit the Site, we may automatically collect certain information about you, your device, and your internet connection, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. We refer to this automatically collected information as “Device Information.” Additionally, we may collect information on or through our Site which may include:

  • Location data.
  • The individual web pages that you view and links you click.
  • The website you previously accessed and/or what websites or search terms referred you to the Site.
  • Length of time you visit the Site.
  • Information that you provide by responding to surveys or questions we provide or filling in forms on our Site. This includes information provided at the time of creating an account, subscribing to our news services, or requesting further services. We may also ask you for information when you report a problem with our Site.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Information about how you interact with the Site.

The Site also may access metadata and other information associated with other files stored on your device. Any such information that we may collect through automatic technological means will be aggregated as statistical data and will not include personal information (or will have personal identifiers removed), but we may maintain or associate this data with information we collect in other ways or receive from third-parties.

We collect Device Information using the following technologies:

  • “Cookies.” Cookies are data files that are placed on your device or computer and often include an anonymous unique identifier, and may include Flash Cookies (or local stored objects) which collect and store information about your preferences and navigation to, from, and on the Site. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
  • “Log files.” Log files track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • “Web beacons,” “tags,” and “pixels.” These are electronic files used to record information about how you browse the Site and interact with our emails.
  • Google Analytics. We may use Google Analytics, a web analytics service provided by Google Inc., to understand and track your usage of the Site. It uses cookies to collect, for example, information about the operating system and the browser that you use, your IP address, referrer URL, and the date and time of your visit to the Site. On subsequent repeated visits to the Site, frequently used information may be automatically displayed for you. We are able to track your usage patterns with the help of the cookies. The information generated by cookies about your use of the Site is transmitted to a Google server, which may be located within or outside of, the United States, and stored there. Google will use this information to evaluate your use of the Site. Google may transfer these rights to third-parties insofar as it is required to do so by law or in order that data may be processed on Google’s behalf. By accepting this policy, you consent to the processing of your data by Google.

When you subscribe to services through the Site, we collect certain information from you, including your name, email address, and phone number. We refer to this information as “Subscription Information.” In addition to “Subscription Information,” we also collect records of your correspondence (including email addresses) if you contact us or any other information that you provide to us. We refer to this information as “Other Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information, Subscription Information and Other Information. Personal Information does not include any aggregated or deidentified information that cannot be attributed to any identifiable person without the use of additional information.

 

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Subscription Information that we collect generally to fulfill electronic delivery of any company updates through the Site. Additionally, we use this Subscription Information and Other Information to:

  • Communicate with you;
  • Fulfill any other purpose for which you provide the information and/or for which you provide consent (such as sending you emails or other communications);
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • Allow you to participate in interactive features of our Site; and
  • Provide you with information or advertising relating to our products or services as well as our subsidiaries’ and affiliates’ products or services.

We use the Device Information that we collect:

  • To help us screen for potential risk and fraud (in particular, your IP address);
  • Recognize you or your device when you visit our Site and/or maintain information about your preferences in using the Site;
  • Present our Site and its contents to you; and
  • More generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

As noted above, we use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

 

SHARING YOUR PERSONAL INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

In addition, we may disclose Personal Information that we collect or you provide as described in this policy:

  • To our subsidiaries and affiliates, including DBOT Holdings, Inc., Mobile Energy Global, Limited, and Ideanomics, Inc., who may use such information to provide you with information or advertising relating to their products or services.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Ideanomics, Inc. about our Site and its users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information with your consent.

We may also disclose your Personal Information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply this policy, our Terms of Use, or other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

 

LEGAL GROUNDS FOR OUR PROCESSING OF YOUR PERSONAL INFORMATION (INCLUDING WHEN WE SHARE IT WITH OTHERS)

As a summary of the sections above, we use your Personal Information for the following purposes and reasons:

  1. Where it is needed to provide you with our products or services.
  2. Where the processing is necessary for the Company’s legitimate interests:
    1. To prevent, detect and combat fraud in connection with the use of our services.
    2. To provide customer support.
    3. To optimize our service and develop new services and products.
    4. For direct marking purposes. This includes, for example, analyzing data to identify trends and tailor marketing messages to user needs.
  3. The processing is necessary for the legitimate interest of other persons or parties:
    1. We collect and use Personal Information to the extent necessary for the interests of other persons or the general public. This includes sharing information in connection with legal or insurance claims and to protect the rights and safety of others.
    2. We may also process Personal Information when necessary in regard to a substantial public interest, on the basis of applicable laws.
  4. The processing is necessary to fulfill our legal obligations. We may share information with law enforcement, or requests by third parties pursuant to legal processes and in accordance with applicable law.
  5. Where you consent to allow the Company to use your information. You may revoke your consent at any time. If you revoke your consent, you will not be able to use any service or feature that requires collection or use of the information we collected or used on the basis of consent.

 

CHOICES ABOUT HOW WE COLLECT, USE, AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this Site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your email address/contact information used by the Company or the Company’s affiliates and subsidiaries to promote their products or services, you can opt-out at any time by following the “unsubscribe” or opt-out instructions accessible at the bottom of each email or by sending us an email or other correspondence stating your request. We will act on your request as soon as reasonably practicable, but any such change will only apply to future promotional activities or communications from us. Additionally, we may still send you transactional and other key relationship communications, including service confirmations or news and administrative notices.
  • Information Deletion/Correction/Access Requests. If you have any questions regarding this Notice, have a specific request to access, correct, or delete any of your Personal Information, or if you feel that the Site has not followed its Privacy Notice or Terms of Use, feel free to contact us, as provided below. Note that we may have to delete your user account on the Site, in order to delete your Personal Information. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

 

DO NOT TRACK

Residents of some states, including California and Delaware, may be subject to particular statutes requiring disclosure of how the Site responds to web browser “do not track” signals or other mechanisms that provide users the ability to exercise choice regarding the collection of Personal Information. Examples of such statutes include California Bus. & Prof. Code § 22575 and 6 Del.C. § 1205C. Although it is not clear that any such statute applies to our operation and your use of the Site, an example might be a browser option allowing you to ask websites not to track you across third-party websites so that they can serve targeted or behavioral advertising to you. Please note that we may not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

 

ACCESSING, CORRECTING, AND DELETING YOUR INFORMATION

You can review, verify, update, correct and/or change your Personal Information by logging into the Site and visiting your account profile page. You may also send us contact us via the methods below to request access to, correct or delete any Personal Information that you have provided to us. Subject to certain exceptions prescribed by law, and provided we can authenticate your identity, you will be given reasonable access to your personal information and will be entitled to challenge that accuracy and completeness of the information and to have it amended as appropriate. We will respond to your request, and take any further actions, as soon as reasonably practicable for us. We may refuse, or delay, a request to change or delete information if we believe the change would violate any law or legal requirement, cause the information to be incorrect, contribute to or facilitate fraud or wrong-doing, and enforce our rights under this Notice or our [Terms of Use]. As indicated above, we may not be able to delete your personal information except by also deleting your user account. If you request deletion or removal of your information, we may retain some of your information to ensure integrity of and adherence to our record-keeping obligations. Finally, if certain information has been provided to any third-party as permitted by this Notice, retention of that information will be subject to those parties’ policies.

 

ADDITIONAL PRIVACY RIGHTS FOR CALIFORNIA RESIDENTS

In this section, we provide additional information to California residents about the personal information we have collected and their rights under the California Consumer Privacy Act of 2018 (“CCPA”), which are subject to certain limitations. The obligations and rights in this section do not apply to personal information we collect about job applicants, independent contractors, current or former full-time, part-time, and temporary employees and staff, officers, directors, or owners of the Company or residents of any state other than California. No user of the Site will be discriminated against for exercising their rights under the CCPA.

As noted in this Notice, we collect the following categories of personal information from users of the Site to provide our services and related support, analyze, personalize, and improve our services, engage in advertising, marketing and promotional activities, execute our internal operations, secure and protect our business, and comply with legal obligations.

We collect the following categories of personal information from the sources identified in this Notice, for the purposes we have described:

  • Name, contact information and other identifiers, including but not limited to email, IP, home, and business addresses, phone number, login credentials, personal and online identifiers, and internet protocol (IP) address;
  • Internet or other electronic network activity information, including but not limited to browsing history, search history, and information regarding a user’s interaction with the Site, other internet websites, or advertisements;
  • Geolocation data, including but not limited to city, state, and zip code; and
  • Professional or employment-related information, including but not limited to job title, industry, and employer name.

Subject to certain exemptions, if you are a California resident, the CCPA grants you the following rights:

  • Request to Know. California residents have a right to request, up to two (2) times in a 12-month period, certain details about our collection of their personal information, including:
    • categories of personal information collected;
    • types of sources from which the personal information is collected;
    • business and/or commercial purposes for collecting and selling a user’s personal information, and the
    • categories of third parties with whom Company has shared personal information.

Additionally, California residents have the right to request and receive a copy of specific pieces of information that Company has collected about them in the prior twelve (12) months, subject to certain exemptions. We will deliver this information, free of charge, by mail or electronically in a portable and, to the extent technically feasible, readily useable format that allows the requester to transmit this information to another entity without hindrance.

  • Request to Delete. California residents have a right to request that we delete any personal information about them that we have collected from them.
  • Right to Opt-out of Sale of Personal Information. The CCPA gives California residents the right to opt-out of the sale of their personal information.

If you are a California resident and would like to make such a request, please contact us as provided in this Notice. We will respond to verifiable requests received from California residents as required by law.

Rights Under the “Shine the Light” Law

California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us set forth below.

 

DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Site. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

 

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the bottom of the page. You are responsible for periodically visiting our Site and this Privacy Policy to check for any changes.

 

EUROPEAN RESIDENT RIGHTS

If you are a resident or citizen of the European Union, you have the right to access, review, verify, update, correct and/or change Personal Information we hold about you and to ask that your Personal Information be corrected, updated, or deleted. Subject to certain exceptions prescribed by law, and provided we can authenticate your identity, you will be given reasonable access to your personal information, and will be entitled to challenge that accuracy and completeness of the information and to have it amended as appropriate. In certain circumstances, you may have the right to be provided with your Personal Information in a structured, machine-readable and commonly-used format and to request that we transfer the Personal Information to another data controller without hindrance. Where our processing of your Personal Information is based on your consent, you have the right to revoke your consent at any time. This does not affect the lawfulness of the processing based on consent before your withdrawal of the previously provided consent. If you would like to exercise any of these rights, please contact us as provided in this Notice. You also have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your habitual residence, place of work, or place of an alleged infringement of the applicable data protection law.

Additionally, we note that we are processing your information in order to fulfill contracts we might have with you, or otherwise to pursue our legitimate business interests listed in this Notice. Finally, please note that your information will be transferred outside of Europe, including to Canada and the United States. By using this Site, you understand that your information may be transferred to our facilities and those third-parties with whom we share it, as described in this Notice.

 

DATA RETENTION

When you place an order through the Site, we will maintain your Subscription Information for our records unless and until you ask us to delete this information.

 

DATA SECURITY

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your Personal Information also depends on you. We urge you to be careful about giving out information in any public areas of the Site or in connection with our social media accounts; any such information may be viewed by any user of the Site or other platform. Unfortunately, the transmission of information via the internet is never completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

 

CONTACT US

For more information about our privacy practices or if you have any questions, complaints or access or account deletion requests, please contact us in any of the following ways:

  • By e-mail at info@ideanomics.com.
  • In writing to:

Ideanomics, Inc.
1441 Broadway, Suite 5116
New York, NY 10018

  • Via our Contact Us form, or
  • By phone at 917-935-4351.

Last Modified: February 1, 2020