Privacy Policy

This Privacy Policy describes how ONYX Motors, Inc. ("ONYX Motors", "we", or "us") collects, uses, and protects your personal information in connection with our website (https://www.onyxmotors.com) and related services (collectively, the "Services"). By using the Services, you consent to the practices described in this Policy.

1. WHO THIS POLICY COVERS

This Policy applies to all visitors and users of our Services. Area-specific disclosures for California residents are included in Section 13. Those disclosures supplement and, where they conflict, govern over the rest of this Policy for residents of those areas.

2. WHAT IS "PERSONAL INFORMATION"?

"Personal Information" means information that identifies, relates to, or could reasonably be linked to you, such as your name, phone number, or email address. "Non-personal information" is information that has been anonymized or de-identified so that it cannot reasonably be linked to an individual.

3. PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT

Information You Provide

We may collect the following when you open an account, make a purchase, take a test ride, participate in our referral program, subscribe to communications, or contact us:

• First and last name

• Username and email address

• Physical address and billing address

• Phone number

• Credit card or financial account information

• Social Security number (only if you participate in our Affiliate/Referral Program)

• Demographic information such as age or gender

• Content in your comments, posts, or communications

• Product information (serial number, date of delivery, primary use)

• Any other information you choose to share with us

SMS / Text Messages. If you choose to receive text messages from ONYX Motors, we collect your phone number and your SMS marketing consent status. See Section 4 for how we use this information and Section 5 for our strict limits on sharing SMS data.

If you decline to provide requested information, we may be unable to provide certain Services or features to you.

SMS Marketing Consent

By entering your phone number at checkout or subscribing via our sign-up form, you expressly consent to receive recurring automated marketing and transactional text messages from us at the number provided. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. Reply STOP to cancel or HELP for assistance.

Information Collected Automatically

When you visit our website or use our Services, our servers may automatically log:

• Internet Protocol (IP) address

• Cookie ID and device ID

• Device type, operating system, and browser type

• Activity on our Services

• Products purchased or considered

• Geolocation data

Information From Third Parties

We may receive information about you from service providers, product dealers, distributors, or product repair providers, and may combine it with information we have collected directly. We are not responsible for the accuracy of third-party information.

4. HOW WE USE PERSONAL INFORMATION

We use personal information we collect for the following purposes:

• To verify your identity and provide Services to you

• To process purchases, payments, and transactions

• To communicate with you about your orders, account, and Services

• To send you information about our products and services that may interest you

• To personalize your use of our Services

• To secure, maintain, and improve our website

• To comply with legal obligations and protect our legal rights

• To fulfill internal functions consistent with your relationship with us

• For purposes to which you have separately consented

• To send SMS text messages (only with your prior express consent). If you have opted in, we send automated marketing and transactional text messages. Reply STOP to cancel at any time; reply HELP for assistance. Message and data rates may apply.

We may use non-personal information for any lawful purpose.

5. HOW WE SHARE PERSONAL INFORMATION

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

Service Providers and Vendors

We may share Personal Information with contractors, service providers, and vendors who assist us in operating our business and delivering the Services (for example, web hosting, data storage, payment processing, and order fulfillment). Our agreements with these vendors require them to use Personal Information only to provide services to us and prohibit them from retaining, using, or disclosing it for any other purpose.

SMS Data — Strict Limits

We take the following strict approach to your SMS data:

• We will NOT share your SMS opt-in consent, phone number, or any messaging-related data with any third party for marketing, lead generation, or analytics purposes.

• We will NOT sell or rent your phone number or SMS consent status to any third party.

• SMS opt-in and consent data will NOT be shared with any third party, without exception.

• We may share your phone number and related data only with our SMS platform provider or carriers solely for the purpose of delivering text messages you have requested. These vendors are bound by strict confidentiality and data-use limitations.

Mandatory Disclosures and Legal Proceedings

We may disclose Personal Information to government authorities or other third parties when required by valid legal process (such as a subpoena or court order), or when necessary to prevent physical harm or financial loss, enforce our policies, protect our legal rights, prevent fraud, or comply with applicable law.

Change in Control or Merger

We may transfer Personal Information in connection with a sale of substantially all of our assets, merger, consolidation, acquisition, or reorganization. Any acquirer will be subject to the privacy commitments described in this Policy.

With Your Direction or Consent

We will share your Personal Information with third parties only as you direct or otherwise explicitly consent.

We do not share your Personal Information with third parties for their own direct marketing purposes.

6. CHILDREN'S PRIVACY

Our Services are not directed to individuals under the age of 18. We do not knowingly collect, maintain, or process personal information from children unless a parent or guardian has provided consent. If we determine that we have received a child's personal information without proper parental consent, we will promptly delete it.

7. COOKIES AND ONLINE TRACKING

What Are Cookies?

A browser cookie is a small piece of data that a website stores in your browser. It holds information used to keep the site functioning properly, remember your preferences, or personalize your experience. Similar technologies such as pixels, web beacons, and scripts may also be used.

How We Use Cookies

We use first-party cookies (set by onyxmotors.com) for the following purposes:

• Essential: Required for site security and basic functionality. These cannot be disabled.

• Functional: Used to remember your preferences across browsing sessions.

• Performance and Analytics (internal only): Used to analyze and improve the performance of our own site. We use this data internally and do not share it with third parties for advertising or cross-site tracking purposes.

We use Google Analytics to evaluate use of our website. Information collected by Google Analytics is governed by Google's privacy policy. You may opt out of Google Analytics tracking by installing the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout.

Your Cookie Options

You can manage, block, or delete cookies at any time through your browser settings or our cookie management tool. Blocking or deleting cookies may limit your ability to use certain features of our site. For more information, visit www.cookiesandyou.com.

"Do Not Track" Signals

Your browser may offer a Do Not Track (DNT) setting. We currently do not respond to DNT signals, as there is no common industry standard for processing them.

8. DATA QUALITY AND RETENTION

We take reasonable steps to keep Personal Information accurate and to delete information that is no longer necessary. We retain Personal Information only as long as needed to fulfill the purposes described in this Policy, or as required by applicable law. We encourage you to review and update your account information periodically.

9. DATA SECURITY

We maintain administrative, physical, and technical safeguards designed to protect your Personal Information against unauthorized access, use, or disclosure. We regularly assess and update these safeguards. However, no security measures are perfect, and we cannot guarantee absolute security. If we detect a breach, we will notify affected individuals and relevant authorities as required by law.

10. YOUR RIGHTS AND CHOICES

Opt-Out of Marketing Emails

You may opt out of marketing emails at any time by using the unsubscribe link included in any marketing email.

Opt-Out of SMS Messages

You may opt out of text messages at any time by replying STOP to any message from ONYX Motors. You may reply HELP for assistance. After opting out, you will receive no further marketing texts from us.

Cookie Preferences

See Section 7 for information on managing cookie settings.

California Residents

If you reside in California, you have additional rights described in Section 13.

11. LINKS TO THIRD-PARTY SITES

Our Services may contain links to third-party websites. Such links do not constitute an endorsement by us, and we are not responsible for the content or privacy practices of those sites. Your use of any linked site is governed by that site's own terms and privacy policy.

12. THIRD-PARTY DIRECT MARKETING

We do not share your Personal Information with third parties for their own direct marketing purposes without your explicit consent.

13. CALIFORNIA RESIDENTS (CCPA)

This section provides additional disclosures required under the California Consumer Privacy Act ("CCPA") for California residents. For more information about the CCPA, visit https://oag.ca.gov/privacy/ccpa.

Categories of Personal Information Collected

In the past 12 months, we have collected the following categories of Personal Information:

• Identifiers (name, address, email, IP address, device identifiers)

• Financial Information (credit card or bank account numbers)

• Protected Classification Information (age, gender)

• Commercial Information (purchase history, products considered)

• Internet Activity (browsing history, site interaction data)

• Geolocation Data

• Inferences (preferences, behavior profiles derived from the above)

Sale or Disclosure of Personal Information

In the past 12 months, we have disclosed the following categories of Personal Information for business purposes to our service vendors:

• Identifiers

• Financial Information

• Commercial Information

• Internet Activity

We do not sell Personal Information. We do not knowingly sell or share the Personal Information of individuals under the age of 16.

Your Rights as a California Resident

California residents have the following rights:

• Right to Know: Request disclosure of the categories and specific pieces of Personal Information we have collected, the sources, our purposes, and the third parties with whom we have shared it.

• Right to Delete: Request that we delete Personal Information we have collected from you, subject to legal exceptions.

• Right to Opt-Out: Direct us not to sell your Personal Information. (We do not sell Personal Information.)

• Right to Non-Discrimination: We will not discriminate against you for exercising any of your rights under the CCPA.

How to Submit a Request

You may submit a Request to Know or Delete by:

• Visiting our privacy page, or

• Emailing support@onyxmotors.com with the subject line "CCPA Request to Know" or "CCPA Request to Delete"

Your request must include your first and last name, an email address, your California county of residence, and sufficient information for us to verify your identity. Requests may be submitted by a consumer, a parent or guardian on behalf of a minor child, or an authorized representative with a valid power of attorney.

Do Not Sell or Share My Personal Information

You may submit a "Do Not Sell or Share My Personal Information" request via our privacy request page or by emailing support@onyxmotors.com.

14. DATA SUBJECTS IN THE EEA, UNITED KINGDOM, AND SWITZERLAND

If you are located in the European Economic Area, United Kingdom, or Switzerland, additional rights and protections under applicable data protection law may apply. Please contact us using the information in Section 16 for more details.

15. CHANGES TO THIS POLICY

We reserve the right to update this Policy at any time. We will post the updated Policy on our website and update the "Last Updated" date. If we make material changes, we will notify you by email or by a prominent notice on our website. Your continued use of the Services after any changes constitutes your acceptance of the updated Policy.

16. CONTACT US

If you have questions or concerns about this Privacy Policy, please contact us at:

ONYX Motors, Inc.  
Email: support@onyxmotors.com  
Website: https://www.onyxmotors.com