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ECS Tuning, LLC Privacy Policy
Last Updated: July 2, 2020

This Privacy Policy ("Policy") explains how ECS Tuning, LLC ("Company", "we", "us") collects, uses, and discloses information about you through your access or use of our 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 (such as by adding a statement to our website homepage or sending you a notification). We encourage you to check this Policy whenever you use any of Services or otherwise interact with us to understand how your personal information is used and the choices available to you.

COLLECTION OF INFORMATION

We collect information you provide directly to us. For example, we collect 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.

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 identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information when you register to use our Services or update your profile, participate in any interactive features of the Services (such as sending a message), make a purchase, participate in a contest or promotion, apply for a job, request customer support, or otherwise communicate with us. The types of information we may collect include: your name and email address; shipping address; phone number; credit card and other payment information; company name, company title, and other profile information you provide; demographic information; information you upload like photos.

Other Information We Collect When You Use our Services

When you access or use our Services, we automatically collect information about you, including:

  • Usage 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.
  • Transactional Information: When you make a purchase or return, we will collect information about the transaction, such as product details, purchase price, and date and location of the transaction.
  • Transactional Information: When you make a purchase or return, we will collect information about the transaction, such as product details, purchase price, and date and location of the transaction.
  • Log Information: We collect information related to your access to and use of the Services, including the type of browser you use, app version, access times, pages viewed, your IP address, and the page you visited before navigating to our Services.
  • Device and Activity Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information. When using your computer or mobile device with the Services, data recorded on your computer or mobile device about your activity is transferred from your computer or 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.
  • 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.
  • 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.
  • Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) 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.

Information We Collect from Other Sources

We may also obtain information about you from other sources. For example, we may collect information about you from third parties, including but not limited to mailing list providers and publicly available sources. Additionally, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information, and friends lists, in accordance with the authorization procedures determined by such social media site.

Information We Derive

We may derive information or draw inferences from you based on the information we or our partners collect. For example, we may make inferences about your location based on your IP address.

USE OF 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 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:

  • With service providers that perform services for us, including 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 service providers who provide fraud detection and prevention services to us;
  • With third parties to protect Company, agents, customers, and others including to enforce our agreements, policies and terms of use;
  • With third parties when the Company, in good faith believes, that disclosure is needed to respond to an emergency, or protect the personal safety of any person;
  • 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; and
  • With your consent or at your direction.
  • 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. 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.

    SOCIAL SHARING FEATURES

    The Services may offer social sharing features and other integrated tools (such as the Facebook "Like" button), [which let you share actions you take on our Services with other media, and vice versa]. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

    [ADVERTISING AND] ANALYTICS SERVICES PROVIDED BY OTHERS

    We may allow others to provide analytics services [and serve advertisements] on our behalf across the web and in mobile applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used by Company and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites, and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices in the United States and http://www.youronlinechoices.eu in the European Union.

    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.

    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.

    TRANSFER OF INFORMATION TO THE U.S. AND OTHER COUNTRIES

    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 legal@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 Your Account 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 customerservice@ecstuning.com

    YOUR CHOICES

    Account Information

    You may update and correct certain account information you provide to us at any time by logging into your account, emailing us at customerservice@ecstuning.com, or calling us at 1-800-924-5172. If you wish to delete your account, please email us at customerservice@ecstuning.com but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

    Cookies

    Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

    Promotional Communications

    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 customerservice@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.

    YOUR CALIFORNIA PRIVACY RIGHTS

    Consumers residing in California are afforded certain additional rights with respect to their personal information under the California Consumer Privacy Act or ("CCPA") (California Civil Code Section 1798.100 et seq.) and the "Shine the Light" Law (California Civil Code Section 1798.83). If you are a California resident, this section applies to you.

    California Consumer Privacy Act

    Additional Disclosures Related to the Collection, Use, Disclosure of Personal Information

    Collection and Use of Personal Information: In the preceding 12 months, we have collected the following categories of personal information: identifiers, characteristics of protected classifications under California or U.S. law, commercial information, internet and electronic network activity, geolocation data, audio and visual information, inferences drawn about your preferences, and other categories of personal data that relates to or is reasonably capable of being associated with you. For examples of the precise data points we collect and the sources of such collection, please see "Collection of Information" above. We collect personal information for the business and commercial purposes described in "Use of Information" above.

    Disclosure of Personal Information: We may share your personal information with third parties as described in the "Sharing of Information" section above. In the preceding 12 months, we have disclosed the following categories of personal information for business or commercial purposes: identifiers, internet and electronic network activity information, commercial information, audio and visual information, geolocation data, demographic information, inferred information, and other information that we have derived or inferred about you or that relates to or is reasonably capable of being associated with you.

    Sale of Personal Information: Company does not, and will not, sell the personal information of our customers.

    Your Consumer Rights

    If you are a California resident, you have the right to request (1) more information about the categories and specific pieces of personal information we have collected and disclosed for a business purpose in the last 12 months, (2) deletion of your personal information, and (3) to opt out of sales of your personal information, if applicable. You may make these requests by calling 1-800-924-5172 or visiting this page https://www.surveymonkey.com/r/DN7S95N. We will verify your request by asking you to provide information related to your recent interactions with us, such as information regarding a recent purchase. To designate an authorized agent to exercise these rights on your behalf, please contact us. We will not discriminate against you if you exercise your rights under the CCPA.

    Shine the Light

    California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at legal@ecstuning.com or call us at 1-800-924-5172.

    ADDITIONAL DISCLOSURES FOR INDIVIDUALS IN EUROPE

    If you are located in the European Economic Area or Switzerland, you have certain rights and protections under the law regarding the processing of your personal data.

    Legal Basis for Processing

    When we process your personal data, we will only do so in the following situations:

    • 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

    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, please contact us at legal@ecstuning.com or call us at 1-800-924-5172. You may also contact us using the contact information below to exercise these rights.

    Questions or Complaints

    If you 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 Data Protection Authority, please see:

    http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm, or for Swiss residents, see https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html.

    CONTACT US

    If you have any questions about this Privacy Policy, please contact us at: legal@ecstuning.comor call us at 1-800-924-5172

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

    Terms of Use Privacy Policy ECS Tuning is part of Enthusiast Auto Holdings