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ECS Tuning, LLC Privacy Policy
Last Updated: July 9, 2018

Introduction

Your privacy is important to ECS Tuning, LLC ("Company", "we", "us"). This privacy policy ("Policy") explains how Company collects, uses, and discloses information through its websites, platform, mobile applications and other online services that link to this Privacy Policy (collectively, the "Services") or otherwise interact with us. If you obtain your use of the Services in connection with the services offered by a third party, the individual terms of that third party's contract with us and its own privacy policy may differ from what is described in this Policy.

Changes to This Policy

We may change this Policy from time to time. If we make any changes to this Policy, we will change the "last updated" date above. If there are material changes to this Policy and you have an active account with us, we will notify you more directly. We encourage you to check this Policy whenever you use any of Services to understand how your personal information is used.

Information Collected

We collect information from you in various ways when you use our Services. We may also supplement this information with information from other companies. We collect two general types of information: personal information and aggregate data. As used in this Policy, the term "personal information" means information that specifically identifies an individual (such as a name and email address), and demographic and other information when directly linked to information that can identify an individual.

Our definition of personal information does not include "aggregate data". Aggregate data is information we collect about a group or category of services or users from which individual user identities have been removed. In other words, no personal information is included in aggregate data. Aggregate data helps us understand trends in our users' needs so that we can better consider new features or otherwise tailor our Services.

The following are the specific types of information we collect from you:

  • Information You Give Us. We collect information you give through our Services, and when you register for and use our Services. Examples include the following:

    • Registration and Contact Information. When you register to use our Services or update your profile, we may collect various kinds of information about you including, your name and email address; shipping address; company name, company title, and other profile information you provide; demographic information; and information you upload like photos
    • Device and Activity Information. When you use your mobile device with the Services, data recorded on your mobile device about your activity is transferred from your mobile device to our servers. This data is stored and used to provide the Service and is associated with your account. We also collect information about any rehabilitee protocols you may be using.
    • Payment and Shipping Information. If you choose to order a product through the Services, our payment processing vendor collects your payment card information and billing address, and your shipping address and other contact details, such as email address and phone number, may also be collected.
    • Submissions and Company Service. From time to time we may use surveys, contests or sweepstakes requesting personal or demographic information and customer feedback. If you choose to order a product through the Services, you may post a Product review.
  • Automatically Collected Information. We automatically receive certain types of information when you interact with our Services. For example, it is standard for your web browser to automatically send information to every web site you visit, including ours. That information includes your computer's IP address, access times, your browser type and language, and referring web site addresses. We may also collect information about the type of operating system you use, your account activity, and files and pages accessed or used by you.
  • Cookies and Web Beacons. We may also use certain kinds of technology such as cookies and web beacons to collect information. Among other things, the use of cookies and web beacons enables us to improve our Services and emails by seeing which areas and features are most popular, to count the number of computers accessing our web site, to personalize and improve your experience, to record your preferences, and to allow you to visit our Services without re-entering your member ID and/or password. A cookie is a small amount of data which is sent to your browser from a web site's computers and stored on your computer's hard drive. Most browsers automatically accept cookies as the default setting. You can modify your browser setting to reject our cookies or to prompt you before accepting a cookie by editing your browser options. However, if a browser is set not to accept cookies or if a user rejects a cookie, some portions of the web site and services may not function properly. For example, you may not be able to sign in and access certain web page features or services. A web beacon is an electronic image, also called a "gif," that may be used on our web pages to deliver cookies, count visits and compile statistics on usage and campaign effectiveness or in our emails to tell if an email has been opened and acted upon.

Use of Personal Information

In general, we use your personal information to process your requests or transactions, to provide you with information or services you request, to inform you about other information, events, promotions, products or services we think will be of interest to you, to facilitate your use of, and our administration and operation of, the Services and to otherwise serve you and our users. For example, we may use your personal information:

  • to enable you to conduct commercial transactions on the Site.
  • to send you a welcoming email and to contact you about your use of the Services; to respond to your emails, submissions, comments, requests or complaints; to perform after-sales services; to anticipate and resolve problems with our service; to respond to customer support inquiries, for assistance with our product and service development; and to inform you of updates to products and services from Company that better meet your needs.
  • to enable you to post submissions on the Site and for you to communicate with other users of the Site.
  • to request feedback and to enable us to develop, customize and improve our Services.
  • to conduct marketing analysis, to send you surveys or newsletters, to contact you about services, products, activities, special events or offers from Company or our partners and for other marketing, informational, product development and promotional purposes.
  • to contact you if you win a contest.
  • for other purposes about which we notify you.

Sharing of Personal Information

We will not give, sell, rent, share, or trade any of your personal information with any third party except as outlined in this Policy or with your consent. We may disclose personal information:

  • To a third party to provide the Services to you, including by providing personal information to our third party payment processors, to original equipment manufacturers of products you order from the Site, and other third party vendors or service providers that have contracted with us to provide the Services to you who need access to such information to carry out work on our behalf and who may use personal information to improve their services.
  • With select partners who provide fraud detection and prevention services to us.
  • To a third party to comply with laws or respond to lawful requests and legal process, including national security requirements.
  • To a third party to protect Company, agents, customers, and others including to enforce our agreements, policies and terms of use.
  • To a third party in the good faith belief that disclosure is needed to respond to an emergency, or protect the personal safety of any person.
  • To a third party in connection with an acquisition, merger, or sale of all or a substantial portion of our business, with or to another company. In such an event, you will receive notice if your data is transferred and becomes subject to a substantially different privacy policy.
  • Between and among Company and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership.
  • To third parties, including advertising agencies, for providing marketing to you via targeted advertisements on third party websites and email marketing.
  • To third parties to provide contest and sweepstakes to you.

The Services may include features that by their nature support sharing your content (i.e., photos, videos, text) that you upload or post on the Services in a public forum, such as a discussion forum or product reviews. Other users of the Services can see personal information you choose to share, such as your location, interests, occupation and birthday; and they can post comments in response to certain of your public submissions.

This Policy in no way restricts or limits our collection and use of aggregate data, and we may share aggregate data about you and our users with third parties for various purposes in perpetuity, including to help us better understand our customer needs and improve our Services, to provide new Services and for advertising and marketing purposes.

Network and Information Security

We take reasonable steps to protect information we collect from you to prevent loss, misuse and unauthorized access, disclosure, alteration, and destruction.

The servers on which information is stored are kept in a controlled environment with limited access. While we take reasonable efforts to guard personal information we knowingly collect directly from you, no security system is impenetrable. In addition, we cannot guarantee that any collected personal information you choose to include in the Services are maintained at adequate levels of protection to meet specific needs or obligations you may have relating to that information.

Data Retention

We store the information we collect about you for as long as is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.

Data Transfers

To provide the Services, we may transfer your information to our servers in the United States or other countries. When we transfer information from the European Economic Area ("EEA") to countries that have not been deemed to provide an adequate level of protection, we employ data processing agreements based on the Standard Contractual Clauses to help ensure that your data is protected wherever it is transferred. You may request a copy of these clauses by contacting us at sales@ecstuning.com.

When we transfer personal data from the European Union or Switzerland to the United States, we comply with the EU-U.S. Privacy Shield Framework and the Swiss - U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union and Switzerland to the United States, respectively. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, we are committed to resolving complaints about our processing of your personal data. EU and Swiss individuals with inquiries or complaints regarding our compliance with the Privacy Shield program should first contact us. We have further committed to refer unresolved Privacy Shield complaints to the International Centre for Dispute Resolution - American Arbitration Association, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit http://go.adr.org/privacyshield.html for more information or to file a complaint. The services of the International Centre for Dispute Resolution - American Arbitration Association are provided at no cost to you.

Under certain conditions, you may be able to invoke binding arbitration to resolve your complaint. Company is subject to the investigatory and enforcement powers of the Federal Trade Commission.

If we share personal data transferred to the U.S. under the Privacy Shield with a third-party service provider that processes such data on our behalf, then we will be liable for that third party's processing in violation of the Privacy Shield Principles, unless we can prove that we are not responsible for the event giving rise to the damage.

Updating and Accessing Personal Information

If your personal information changes in any way, you must correct or update your information in order to place orders for products through the Services. You can make updates to your profile information by logging into your account on the Services at any time to the extent such feature is available. You can also request changes or access to your information by emailing sales@ecstuning.com.

Choice/Opt-Out

Company may send you communications or data regarding our Services, including but not limited to (i) notices about your use of our Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding our Services. You may opt-out of receiving promotional emails from Company by following the opt-out instructions provided in those emails. You may also opt-out of receiving promotional emails and other promotional communications from us at any time by emailing sales@ecstuning.com with your specific request. Opt-out requests will not apply to transactional service messages, such as security alerts and notices about your current account and Services.

Residents of the European Economic Area

If you are a resident of the EEA, you have certain rights and protections under the law regarding the processing of your personal data.

  • Legal Basis for Processing

    If you are a resident of the EEA, when we process your personal data, we will only do so under the following circumstances:

    • In order to perform our responsibilities under a contract with our customers, such as by providing the Services you requested.
    • OR we have a legitimate interest in processing your personal data, such as to send you communications about products or services that may interest you.
  • Data Subject Requests

    If you are a resident of the EEA, you have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, you should contact your employer who uses our services. You may also contact us using the contact information below to exercise these rights, but be advised that we generally do not retain the personal data we collect to identify the customer experiences you are eligible to access, and thus will likely not be able to honor your request

  • Questions or Complaints

    If you are a resident of the EEA and have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm

Contacting Us

Any questions about this Policy should be addressed to legal@ecstuning.com

ECS Tuning is not affiliated with any automobile manufacturers.
Manufacturer names and/or part numbers are used only for identification purposes.

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